Temporary resident permits (TRPs): When to consider issuing a TRP
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
Officers may issue a temporary resident permit (TRP) when both of the following apply:
- The purpose of the individual to enter or remain in Canada is balanced when the objectives of the Immigration and Refugee Protection Act (IRPA) are considered.
- The issuance outweighs any risks that might exist and is compelling and sufficient to overcome any risks that the individual might pose.
A TRP may be issued to any individual who is
- seeking to come into Canada, provided an officer is of the opinion that the individual’s purpose to enter Canada is consistent with the objectives of the IRPA, while also mitigating any risk associated with the inadmissibility, and the individual is one of the following:
- inadmissible under the IRPA
- subject to a report under subsection A44(1)
- reportable for a violation of the IRPA
- already present in Canada, provided an officer is of the opinion that the individual’s purpose for remaining in Canada meets the objectives of the IRPA, while also mitigating any risk associated with the inadmissibility, and the individual is one of the following:
- inadmissible under the IRPA
- subject to a report under subsection A44(1)
- reportable for a violation of the IRPA
- not eligible for restoration of status
Officers may recommend or issue permits only in accordance with the IRPA and the Immigration and Refugee Protection Regulations (IRPR).
An officer who is recommending the issuance of a TRP must enter detailed notes into the Global Case Management System (GCMS) that clearly describe the
- inadmissibility
- circumstances of entry
- rationale for their recommendation
These notes must clearly support the officer’s decision.
Accountability is especially important when recommending or issuing a TRP. Clear records of the decision-making process provide information for the preparation of the Annual Report to Parliament.
Note: There are instances in which an individual who originally came to Canada under the Seasonal Agricultural Worker Program (SAWP) may seek to stay in Canada beyond the expiration of their work permit for urgent medical reasons that prevent them from travelling to their home country. Officers may consider issuing a TRP for these individuals to regularize their status so they may continue to receive the necessary medical care to travel home safely.
When a TRP application is made by the client
When an officer becomes aware of an inadmissibility, and the client wishes to be considered for a TRP, the officer should
- assess if the client meets the eligibility criteria for a TRP
- consider if the individual is under a removal order or warrant (see manual chapter ENF 10 [PDF, 978 KB])
- assess the appropriate risk factors
- consult with a designated decision maker, where required (see manual chapter IL 3 [PDF, 831 KB])
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