A temporary resident permit, or TRP, exists for people the law would otherwise keep out. Picture a hypothetical: a man who lives abroad was convicted of impaired driving six years ago. His daughter lives in Brampton and is about to have surgery, and he needs to be with her. He is inadmissible, a rehabilitation application would take a long time, and the surgery is next month. An ordinary visitor application will not solve the problem, because the law says he cannot come. A TRP is one of the few tools that can.
It is also a tool people often misunderstand. Some think of a TRP as a pardon. Others treat it as a backup that they can ask for when a work permit or visitor extension falls through. It is neither. It is a discretionary exception given for a limited period, and it can be cancelled at any time. Handled well, it can solve a real problem. Handled casually, it can leave someone in a worse position than they started.
This is general information and not legal advice about your situation. Immigration, Refugees and Citizenship Canada (IRCC) can change its application steps and fees, so check its website for the current process before you file.
What the Permit Actually Does
Section 24 of the Immigration and Refugee Protection Act allows an officer to give temporary resident status to a foreign national who is inadmissible or who does not meet the requirements of the Act, if the officer finds it justified in the circumstances.
Three limits follow from that wording.
It does not remove the inadmissibility. A person who was criminally inadmissible before receiving a TRP remains criminally inadmissible afterward. When the permit ends, the original problem is still there unless it has been resolved in some other way, such as through rehabilitation.
It is discretionary. There is no list of conditions that, once met, require an officer to issue a TRP. You have to persuade an officer, and reasonable officers may differ on close facts.
It is limited and revocable. A TRP can be issued for up to three years, though the time granted depends on the need, and can be much shorter. It can be cancelled at any time.
It also does not let you work or study by itself. You need a separate work or study permit. Someone whose TRP is valid for six months or longer can apply for one, and the regular fee applies.
Who Tends to Need One
A TRP comes up in several kinds of cases.
Criminal inadmissibility. This includes a person with a conviction who is not yet eligible for rehabilitation, or who has an application pending but needs to come sooner. Impaired driving is a frequent example because it is treated as serious criminality for immigration purposes. In some cases involving minor offences, with no jail time and nothing else making the person inadmissible, IRCC may issue a permit for one visit without charging the fee. That waiver isn’t available for sexual offences, most serious offences, or impaired driving.
Medical inadmissibility. A person whose health condition would otherwise make them inadmissible may ask for a permit if there is a compelling reason.
Non-compliance. Someone who has been out of status for longer than the 90-day restoration period, or who has otherwise failed to comply with the Act, may have no way to regularize their status other than a TRP or a humanitarian application. This situation arises among people in Brampton who overstayed and have strong family or other ties here. An out-of-status worker should not treat it as easy or as a likely fix.
Victims of human trafficking and family violence. Special TRP routes exist for those situations, and they do not carry the usual fee. The same is true for certain people who came to Canada as children and were under the care of a provincial child protection system. If you are experiencing violence at home and your status depends on an abusive partner, you should know this option exists. In an emergency, call 911 or Peel Regional Police, and get legal advice about your status as soon as you can safely do so.
Some people cannot ask for a TRP at certain times. A person whose refugee claim was not allowed generally cannot request a TRP until 12 months have passed since the relevant decision. Designated foreign nationals face a longer bar. Check this first if you have an asylum history.
How Officers Weigh the Request
IRCC’s public guidance asks two questions: is there a compelling reason to enter or remain in Canada, and does the need outweigh the health or safety risks to Canadian society? It is a balancing exercise, and it depends on both sides of the scale.
On the side of need, officers want to know why you must be in Canada, why now, and why the problem cannot be solved in another way. A business trip that could be held on video, or a holiday, is unlikely to be considered compelling. A serious illness of a close family member, a court appearance, or the need to run an important operation in Canada with real economic consequences may carry more weight. Your need should be supported by documents such as a doctor’s letter, a court notice or a letter from a company explaining the consequences.
On the side of risk, officers look at what caused the inadmissibility and how much of a concern it remains. For someone with a criminal record, relevant factors include the nature of the offence, how long ago it happened, whether there was a pattern, and any evidence of rehabilitation. Examples include finishing a sentence, a clean record since then, treatment for an alcohol problem, steady employment and community references. Someone with a single offence many years ago and a stable life since then presents a different picture from a person with repeated recent convictions.
An officer will also think about whether you will leave at the end of your permit, and whether the length requested fits the need. Asking for three years to attend a two-week family event won’t help you. Ask for what you actually need and explain why.
How to Apply
The route depends on where you are and which travel document you need. This is one area where it is easy to choose wrongly, because there is often no single TRP form.
Outside Canada, if you need a visa. There is no separate application. You apply online for a visitor visa, study permit or work permit, and ask for TRP consideration within that application. Upload your supporting documents in the optional documents section, along with your TRP fee receipt. You may be interviewed.
Outside Canada, if you need an eTA. Citizens of eTA-required countries who know they are inadmissible use IRCC’s web form to ask for instructions.
U.S. citizens and permanent residents in the United States. These applicants use the web form to request instructions, and the enquiry goes to the Los Angeles visa office. Some may be able to ask at a port of entry instead.
At a port of entry. Where this is available to you, tell the officer on arrival that you want TRP consideration, and bring the full package. If the officer refuses, you will be denied entry, so a trip with a critical purpose may be better organized in advance. It’s a risky choice if you have a family waiting for you at Pearson and the outcome is uncertain.
Inside Canada. Current instructions use document checklist IMM 5557 and a form depending on what you want: IMM 5708 for a TRP only, IMM 5709 with a study permit, and IMM 5710 with a work permit. The package is sent by tracked mail or courier to the address in the instructions. Check the address and method immediately before sending, as IRCC moves things around.
The current TRP processing fee is $246.25 per person. It is not refunded if your request is refused. You should confirm the amount on IRCC’s fee list. Other fees, such as for a work permit, are added where relevant.
Writing the Letter
Because the decision is discretionary, the explanatory letter often does much of the work. IRCC’s guidance asks for a letter that explains your inadmissibility and why a permit is justified. A useful letter:
- Identifies the inadmissibility openly, including charge details, dates and sentence
- Explains the specific reason you need to be in Canada, and why now
- Sets out how long you need and how you will pay for your stay and departure
- Describes the steps you have taken to fix the underlying problem
- Is supported by documents rather than promises
Include court records and proof of completing any sentence, proof of funds, your host’s letter, and references. Say what you’ve been doing about your inadmissibility. For a criminal record, this might include a rehabilitation application if eligibility has arrived. Do not minimize the facts. An officer who reads “a small misunderstanding” and then a court record showing otherwise will trust the rest of your letter less.
Living on a TRP: Three Rules to Remember
There is no maintained status. This is the biggest difference from an ordinary work or study permit. If you apply to extend a study permit on time, you may usually stay under maintained status until a decision. A TRP holder does not get that protection. IRCC says it directly: “TRP holders do not benefit from maintained status.” Your status ends when your permit expires.
You cannot restore status after expiry. IRCC’s guide states that temporary resident status cannot be restored once a TRP has expired. A person in that situation may face an admissibility hearing and removal. So apply for a subsequent TRP well before your permit ends, since processing may not finish in time. If you do not plan to apply, leave before the expiry date.
Leaving Canada usually ends it. A TRP stops being valid once you leave Canada unless it expressly allows re-entry. A quick trip to Buffalo to visit a relative could end your permit and leave you stuck on the wrong side of the border. Read the document before you go anywhere.
A related point applies to permits issued outside Canada. The expiry date on that counterfoil is your deadline to arrive in Canada, and it does not tell you how long you may stay. Your stay period is set when you are examined at the port of entry, so look at what the officer writes on your documents.
You are also expected to obey the law and your permit’s conditions, and to work on resolving the inadmissibility. A new criminal charge in Brampton while holding a TRP should prompt an immediate call to a lawyer, not a wait-and-see attitude.
The Possible Route to Permanent Residence
Some long-term holders may be able to apply for permanent residence through the permit holder class. The basic rules are as follows.
- If you are inadmissible on health grounds, you need at least three years of continuous residence in Canada as a permit holder.
- For most other grounds, you need at least five years. The inadmissibility cannot be based on security, human rights violations, serious criminality or organized crime.
- You must hold a valid TRP, and you must still be inadmissible for the same reasons, with no new inadmissibility.
Continuity is the danger here. Residence may be considered broken if you left Canada without a permit authorizing re-entry, or did not extend your status before the permit expired. Applying before you complete the required period leads to a refusal. Anyone who plans to use this route should keep complete copies of every permit and watch the dates closely.
A person found inadmissible for serious criminality will generally need to resolve that by other means, as this route will not be open to them.
Other Options to Consider
A TRP may not be your best or only option. Before applying, compare it with the other possibilities:
- Deemed or individual rehabilitation for older foreign convictions, which permanently deals with the criminal inadmissibility
- A record suspension for a Canadian conviction, if you qualify
- Restoration of status, if you are still within 90 days of losing it
- Humanitarian and compassionate consideration, where there are strong grounds for staying in Canada permanently
- A sponsorship application, where a Canadian spouse or partner is involved, since some inadmissibility may be handled differently in that process
A rushed choice can be costly. Filing a weak TRP request can draw attention to a person who is out of status, and it can trigger enforcement. This is especially true if there is already a removal order or an inquiry by the Canada Border Services Agency, which should be assessed before any application is sent in.
Getting Advice
A TRP request is a written argument as much as an application, and the record you make can matter later. If you are thinking about asking for one, speak with a lawyer about whether it is the correct tool and how to frame it. You can read about temporary residence and other immigration services we offer on our site. We cannot predict what an officer will decide, but we can help you make your case as clear as the facts allow.