This page provides policy and procedural guidelines to Citizenship and Immigration Canada (CIC) staff at inland offices on:
- issuing temporary resident permits to allow inadmissible persons to enter or remain in Canada;
- extension, expiry and cancellation of permits;
- granting of permanent resident status to permit holders.
A holder of a temporary resident permit is a permit holder.
- Purpose of temporary resident permits
- Validity of a temporary resident permit
- Exceptions to inadmissibility on health grounds
- Persons eligible for temporary resident permits
- Issuance of temporary resident permits to persons under a removal order
- Conditions and obligations that apply to temporary resident permit holders
- Victims of Human Trafficking
- Loss of temporary resident status
Purpose of temporary resident permits
Normally, persons who do not meet the requirements of the Immigration and Refugee Protection Act are refused permanent resident or temporary resident visas abroad, denied entry at a port of entry, or refused processing within Canada. In some cases, however, there may be compelling reasons for an officer to issue a temporary resident permit to allow a person who does not meet the requirements of the Act to enter or remain in Canada.
Temporary resident permits should not be used to restore the temporary resident status of a visitor, student or worker when their status has expired.
Permits may be issued, at ports of entry and CIC inland offices while permit extensions are only issued inland.
Validity of a temporary resident permit
A permit may have a validity of from one day to three years. It may be extended or cancelled by an officer. If the period of validity elapses, the person must apply for a new permit, which marks a break in continuity. The permit is no longer valid if the permit holder leaves Canada unless re-entry has specifically been authorized.
Authorization to re-enter Canada is indicated in the FOSS record for the temporary resident permit and is indicated on the document by the words “DEPARTURE FROM CANADA WILL NOT INVALIDATE THIS TEMPORARY RESIDENT PERMIT.” For temporary resident permits issued prior to April 30, 2005, the re-entry privilege is indicated by the words “AUTHORIZED TO LEAVE AND RE-ENTER.”
Exceptions to inadmissibility on health grounds
Inadmissibility on health grounds based on excessive demand on health and social services does not apply to spouses, common-law partners and dependent children of Canadian citizen sponsors or permanent resident sponsors.
Persons eligible for temporary resident permits
Any person who is:
- inadmissible and seeking to come into Canada if an officer is of the opinion that it is justified in the circumstances;
- in Canada and is inadmissible, subject to a report or reportable for violation of the Act, or does not otherwise meet the requirements of the Act;
- not eligible for restoration of status.
Issuance of temporary resident permits to persons under a removal order
Under the Immigration and Refugee Protection Act, persons under a removal order may be issued a temporary resident permit. In some circumstances, issuance of a permit may be required where enforcement of the removal order is not possible. The authority to issue a permit in such rare circumstances is limited to NHQ which determines how to deal with the removal order on a case-by-case basis. The permit does not negate the removal order, and there is no statutory stay in place for these cases.
Officers may issue a temporary resident permit if:
- the need to enter or remain in Canada is compelling and sufficient to overcome the risk;
- the risk to Canadians or Canadian society is minimal and the need for the presence in Canada outweighs the risk. Restoration of status is not an option.
Conditions and obligations that apply to temporary resident permit holders
Permit holders are required to:
- apply for and obtain from a Canadian visa office abroad a counterfoil to allow them to return to Canada:
♦ if they are holders of a temporary resident permit issued after April 30, 2005 or one that had received an extension after that date;
♦ if they are from a country where a visa is required;
♦ if they have authorization to leave and re-enter Canada; and
- apply for extension of their status at least 30 days before the expiry of their permit;
- leave Canada upon expiry or cancellation of the permit.
Holders of temporary resident permits with prior authorization to re-enter Canada are not required to pay a fee for the issuance of a facilitation travel document counterfoil.
There is no separate fee for the extension of permits; rather, the same fee as the original permit ($200) will be charged for the extension of the permit. The fee will not be refunded if a permit is refused.
Permit holders must apply for an extension of their status at least 30 days before the expiry of their permit. Failure to extend status before the expiry of a permit can result in a break in continuity, affecting eligibility for permanent residence. Once a permit holder has applied for an extension, the temporary resident permit status of the holder continues under the same conditions until the decision to extend or not is made, or the extension ends.
A permit may be cancelled at any time. The permit is deemed cancelled when the permit holder leaves Canada unless the document authorizes re-entry.
Authorization to re-enter Canada is indicated on the client’s TRP FOSS record by the words “Authorized to Leave and Re-enter Canada.” If the permit was issued after April 30, 2005, the following words will appear on the actual permit document “DEPARTURE FROM CANADA WILL NOT INVALIDATE THIS TEMPORARY RESIDENT PERMIT.”
If the permit was issued prior to that date, the permit should contain the words “AUTHORIZED TO LEAVE AND RE-ENTER”. On expiry or cancellation of the permit, the person is directed to leave Canada or is/may be ordered deported.
Note: Permit holders who are members of the protected temporary residents class may, without delay, become permanent residents of Canada at no cost as soon as the processing of their application is finalized and they are found to be admissible. Permit holders are not eligible for permanent residence in the permit holder class if they do not meet the requirement of continuous residence, i.e., there has been a break in continuity.
Victims of Human Trafficking
Victims of trafficking in persons (VTIP) may enter Canada illegally or legally. For example, victims may be smuggled into Canada in a clandestine manner, or may enter legitimately and may or may not overstay their status. Alternatively, traffickers may use deception or false documents to fraudulently obtain visas or assist victims to be admitted at a port of entry. VTIPs may or may not be aware that they have entered Canada illegally. In some cases, persons who enter Canada as legitimate visitors are subsequently exploited by traffickers. Identifying VTIPs who are in transit can be difficult; exploitation may not yet have occurred, and potential victims would be unaware of the traffickers’ true intent. At this stage, victims may view traffickers as assisting, rather than exploiting them.
These victims may be in Canada without status and may also lack travel and identity documents.
Because of the urgent nature of these cases, for expediency, local CIC offices shall process these applications rather than sending the application to CPC- Vegreville.
Note: If the VTIP has existing immigration status through another visa, the officer may consider not issuing a TRP until the current status has lapsed.
The criteria used in a preliminary assessment to verify the circumstances, including an assessment of credibility and whether the individual may have been trafficked, should take into account any indications that:
the recruitment of the individual was fraudulent or coerced and for the purposes (actual or intended) of exploitation;
- the individual was coerced into employment or other activity;
- the conditions of employment or any other activity were exploitative; or
- the individual’s freedom was restricted.
In these cases, the officer may issue the individual a short-term temporary resident permit:
- to provide a period of reflection for the suspected VTIP to further consider their options for returning home or to allow time to decide if they wish to assist in the investigation of the trafficker or in criminal proceedings against the trafficker;
- to allow the suspected VTIPs to recover from physical and/ or mental trauma (e.g., counselling and/or medical treatment may be necessary);
- to allow the suspected VTIPs to escape the influence of traffickers so that they can make an informed decision on a future course of action;
- to facilitate the participation of the suspected VTIPs in the investigation or prosecution of an alleged TIP offence in Canada, or otherwise assist authorities;
- for any other purpose the officer may judge relevant to facilitate the protection of vulnerable foreign nationals who are victims of human trafficking.
In this situation, the officer can consider issuing a short-term TRP up to 180 days on the understanding that the individual will return to the officer for a more complete examination, should a subsequent TRP be desired.
A temporary resident permit does not exempt the permit holder from the requirement to apply for a work permit if they wish to work in Canada. However, VTIP may not be aware that with their 180 days short term permit they are entitled to apply for a work permit [R199]. This option should be presented to them. Should the VTIP choose to apply for a work permit, this application should be processed by the local CIC office at the same time as the TRP application, rather than sending the application to CPC-Vegreville.
Loss of temporary resident status
If a worker, student or temporary resident has lost temporary resident status only because of the expiry of their status, they must apply within 90 days of the expiry date, for restoration of status and pay the appropriate cost recovery fee. Officers will restore current status of visitor, student or worker rather than issue a TRP so as to avoid giving the individual greater privileges.
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