Guide 5554 - Applying to remain in Canada as a temporary resident permit holder

Table of contents

• Overview
• Status in Canada
• Obtaining another temporary resident permit
• Information you must provide when applying for another TRP
• Leaving Canada
• Completing the forms
• Paying the fees
• Mailing your application
• What happens next?

Overview

This guide is for persons who are in Canada and require an initial temporary resident permit (TRP) or wish to apply for another TRP to remain in Canada, including victims of human trafficking and victims of family violence.

A TRP is a document that authorizes a person who is inadmissible or does not meet the requirements of the Immigration and Refugee Protection Act or Regulations to enter or remain in Canada.

Before you start, read the entire guide. It details your obligations as a permit holder and provides some information on inadmissibility and non-compliance which may help you determine whether you are eligible to apply for another TRP. The guide also provides instructions and application forms that you need to complete, as well as a checklist of supporting documents that you will need to submit with your application.

Family members

If you are inadmissible, your family members in Canada (spouse, common-law partner and dependent children) may also be inadmissible. Each family member will need to submit their own TRP application. 

Obligations of a permit holder

Immigration, Refugees and Citizenship Canada (IRCC) has permitted you to remain in Canada temporarily despite an inadmissibility. As a permit holder you are expected to:

• abide by the laws of Canada;
• take any action required to resolve your inadmissibility; and
• leave or request another TRP before the expiry of your initial TRP.

Processing your application

The Case Processing Centre will review your application to determine if it is complete. If your application is not signed, if the required fee is missing, or if the required passport size photos are missing, your application will be returned to you and you will have to re-apply. If other information is missing, your application may be returned or refused.

The Case Processing Centre will send you:

• notification that your application has been referred to a local IRCC office for further assessment,
• a new TRP, or
• a letter refusing your application.

The Case Processing Centre processes most of the applications it receives, however, a small number are referred to a local IRCC office for further assessment. If your application is referred to a local office, they will contact you to obtain additional information or clarification.

Once they receive the additional information or clarification, the local office will complete the final stages of processing and if required, invite you to an interview. Once processing is complete, the local office will notify you in writing of their decision.

Applications from victims of human trafficking  and victims of family violence are submitted to and processed at the IRCC Vulnerable Persons Unit on a priority basis.

After reading this guide, if you believe you are eligible to apply then you should proceed as instructed below:

• Gather all the necessary documents. They are listed on the Document Checklist.
• Calculate and pay the fees.
• Photocopy the blank forms and use one as a working copy. Keep it for your records.
• Fill in the forms carefully and completely.
• Sign and date your forms.
• Mail your application to the Case Processing Centre (see specific instructions for victims of human trafficking and family violence).

Status in Canada

Persons who are not Canadian citizens or permanent residents may be authorized to enter or remain in Canada as temporary residents, including TRP holders. This means that as holders of a valid TRP, you have temporary resident status for a limited period of time. TRP holders do not benefit from maintained status.

A valid TRP

A TRP is valid for a specified period of time. Printed or written on your TRP will be either a “Date of Issue” and “Expiry Date” or a “Permit in force from” and a “Permit in force until date”. Your TRP is valid according to the “Expiry date” or the “Permit in force until date”.

Temporary resident permit holders

As holders of a valid TRP, you and each of your family members are both a permit holder and a temporary resident. Despite your status as a temporary resident, you remain inadmissible or in non-compliance and as such may not be eligible for a further period of temporary residence or for permanent residence.

Your inadmissibility may limit your success in being granted a TRP or lengthen the processing period of your application. Applicants may be asked to provide additional documentation to attend an interview, or may even be prevented from becoming permanent residents.

The duration of your TRP may limit access to certain services. For example, permit holders may only apply for a work or study permit if their TRP has a validity of more than six months.

An inadmissibility or non-compliance

Inadmissibility: means there is a medical condition, recent or past criminal conviction(s), financial concern(s), you misrepresented information in your application or there are serious criminal concerns that cause you to be inadmissible under the Act and prevent you from entering or remaining in Canada without a TRP.

Non-compliance: means you directly or indirectly failed to satisfy the requirements of the Act or Regulations. Some examples are as follows:

• you were not examined when you entered Canada;
• you did not obtain a temporary resident visa (TRV);
• your visa expired before you entered Canada;
• you did not have a passport or it expired before you entered Canada;
• you overstayed your period of authorized stay; or
• you worked or studied without authorization (a permit).

Obtaining another Temporary Resident Permit

TRP holders who wish to remain in Canada, must apply for permission to do so. You and each of your family members must complete your own application, then submit them together by mail with the appropriate documentation and the required fee for each person.

Determining eligibility

As TRP holders, you and your family members are legally authorized to remain in Canada temporarily. However, you are restricted in your authorized length of stay and you are subject to various other conditions.

The eligibility for another TRP may be affected by, but are not limited to, any of the following reasons:

• You did not comply with the conditions imposed on your TRP;
• You remained in Canada beyond the validity of your status in Canada;
• You left Canada and re-entered without prior authorization;
• You were found to be inadmissible to Canada on grounds other than those for which the initial TRP was issued;
• You worked or studied without the required work or study permit;
• You submitted an expired passport or a passport which is about to expire;
• You did not resolve the situation that renders you inadmissible despite having been counseled by IRCC to do so.

Conditions on Temporary Resident Permit holders

An officer may impose, vary or cancel conditions when issuing a TRP. The maximum validity of a single TRP is three years and it is accompanied by specific conditions. Generally, as a permit holder you:

• Must comply with the conditions imposed on your TRP;
• Must not work or study without a work or study permit;
• Cannot re-enter Canada without prior authorization;
• Must leave Canada at the end of your authorized period of stay.

What we consider when assessing your application

As a permit holder, each time you request another TRP, you are assessed to determine whether:

• you met the obligations and the conditions of your stay;
• you remain inadmissible or in non-compliance;
• another TRP is justified in the circumstances; and/or
• enforcement action is warranted.

We can require that you:

• resolve your inadmissibility or non-compliance;
• may request evidence of any action taken to resolve an inadmissibility or non-compliance;
• leave Canada.

We may refuse your request for another TRP:

• if you can resolve your inadmissibility or non-compliance by leaving Canada;
• if you have not taken the required action to resolve your situation; or
• it is not justified in the circumstances

When a medical examination is required

If a medical examination is required, an officer will send you written instructions on how to proceed. A medical examination and assessment will require some time and may add over three months to the processing of your application.

When to apply for another TRP

If your TRP is still valid, you can apply for another TRP. You should apply well before the “Expiry date” or the “Permit in force until date” on your current TRP as you do not benefit from maintained status as a TRP holder. We cannot guarantee that your application for another TRP will be processed before your current TRP expires. See the section Processing Your Application at the beginning of this guide.

If you do not apply for a new TRP, it is your responsibility to leave Canada before the “Expiry date” or “Permit in force until date” of the permit.

If your TRP is expired

You cannot restore your temporary resident status as a TRP holder. If your TRP has expired or if you did not respect one of the conditions of your TRP or you have worked or studied without authorization, you have committed an offence under the Immigration and Refugee Protection Act. You may be subject to an admissibility hearing that could lead to your removal from Canada.

The validity of your passport

Your passport expiry date can affect the length of time you may remain in Canada. Before you apply for another permit you should ensure that there is sufficient time remaining on your passport to cover:

• The period of time required to process your application; and
• The period of time you are seeking to remain in Canada if you are successful in obtaining another temporary resident permit.

Other services available to TRP holders

If your TRP is issued for six months or longer, you are eligible to apply for a work and/or study permit. All application fees apply.

Applying for more than one service at the same time

Information you must provide when applying for a TRP

You and your family members who are applying for a TRP must each provide two (2) passport sized photographs as well the following documents:

Proof of identity for persons other than US citizens

Copy of a passport or other travel document. An acceptable travel document is one that allowed your travel to Canada and recognizes your right to re-enter the country that issued the document.

Proof of identity for US citizens

Copy of passport or birth certificate.

Photocopy of your current immigration document

Your current TRP and work or study permit (If you have either of these documents) and any other document issued to you by IRCC.

Supporting documentation of any action you have taken to resolve your inadmissibility, or your non-compliance

Some examples of supporting documentation:

• a valid passport,
• substantial improvement in financial situation
• a record suspension (formerly a pardon) or an approved rehabilitation
• a new TRV

Evidence of how you will support yourself or be supported in Canada and how you will pay for transportation to leave Canada

• guarantor’s letter;
• bank statement indicating name of account holder and account number; and
• details of how and when you intend to leave Canada including the date, time and type of transportation

A letter along with supporting documents providing the following information outlining:

• the details surrounding your inadmissibility
• why your circumstances justify the issuance of a TRP
• whether you have applied unsuccessfully for permanent residence to live with a family member (sponsor) in Canada and whether you still live with your sponsor
• any action that you have taken to resolve your inadmissibility or non-compliance

If applying for a subsequent TRP, also provide the following:

• any change to your personal circumstances that have occurred since the initial TRP was issued
• the details you gave when you were issued your initial TRP
• whether you have been convicted of a new offence since you first received your TRP

If applicable you must also provide:

• copy of the criminal conviction certificate
• copy of statute under which the criminal convictions were convicted
• official proof of sentence
• FBI criminal record check
• any other requirements imposed by the officer

Leaving Canada

Nothing prevents you from leaving Canada at any time. However, if you leave before you receive another temporary resident permit, we expect your inadmissibility to be resolved before you return. If you submitted an application for another TRP prior to leaving Canada, it will be refused.

Foreign nationals must establish that they meet all of the requirements of the Immigration and Refugee Protection Act and its Regulations before being authorized to enter or re-enter Canada. The final decision is always made by the border services officer at the port of entry.

Completing the forms

Paying the fees

Required fees

You must pay a processing fee for each service that you are applying for and proof of payment of all fees must be submitted with your application. If you apply for more than one service on a single application, you must add up the fees for each service and submit the total of the fees with your application. For information including eligibility, fees and required documents for working or studying in Canada, refer to the guides Applying to Change Conditions or Extend Your Stay in Canada - Worker (IMM 5553) or Applying to Change Conditions or Extend Your Stay in Canada - Student (IMM 5552) or the Help Center.

Mailing your application (see below for instructions for victims of human trafficking and family violence)

Mailing instructions

What happens next?

You will receive a letter regarding your case and you will be informed if you need to take any further action.

If you applied for a temporary resident permit and your application is approved, a temporary resident permit with a new validity date will be sent to you. If your application is refused, you can only stay in Canada until the expiry date of your current temporary resident permit, or when you are notified of the refusal if your temporary resident permit has already expired.

If you also applied for a work or study permit and it is approved, you will be sent the work or study permit in addition to the temporary resident permit. If your application is refused, you can only stay in Canada until the expiry date of your current temporary resident permit or visitor record, or six months after you entered Canada if you were not issued a document when you arrived.

If your application is rejected as “incomplete”, it is considered to have never been submitted and you will have to re-apply. If your application has been referred to a local office you will be notified of this and will subsequently be contacted by this office.

If you move before your application is finalized, or if you change your telephone or email address after you have mailed your application, you must advise us by submitting a case specific enquiry webform.

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