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Ottawa provided clarification for temporary residence permit applications

 

Ottawa provided clarification for temporary residence permit applications

Ottawa provided clarification for temporary residence permit applications

On August 23, 2023, the Government of Canada announced program delivery instructions for temporary residence permits (TRP) made within Canada. 


The update clarifies that the TRP fee exemption under paragraph 298(2)(a) of the Immigration and Refugee Protection Regulations (IRPR) does not apply to temporary resident permit applications made within Canada when submitting a work or a study permit application. 


Moreover, the Government updated the one-time fee exemption for TRPs issued to foreign nationals who are inadmissible to Canada on criminality grounds.


Who is eligible for a temporary residence permit? 


A temporary residence permit (TRP) may be awarded to a foreign national who is inadmissible in the view of an officer or who does not meet the conditions of the Immigration and Refugee Protection Act (IRPA) [A24(1)]. A TRP, or Temporary Resident Permit, is a document granted by Citizenship and Immigration Canada that allows people who are logically inadmissible to Canada to visit the country. A TRP is granted to a person only if the need for that person to travel to Canada outweighs the risk of that person being in the country. 


TRPs are always issued at the discretion of the delegated authority and are subject to cancellation at any time. The delegated authority determines whether the individual's purpose for entering Canada balances Canada's social, humanitarian, and economic duties to Canadians' health and security, and complies with the IRPA's objectives.


An officer may also consider the following:


  • The foreign national's need to enter or remain in Canada is compelling.

  • whether the foreign national's presence in Canada is necessary and outweighs any risk to Canadians or Canadian society.


Who is not eligible for a temporary residence permit? 


If all of the following conditions are met, a failed refugee claimant may not request a TRP:


  • It has been less than a year since their claim for refugee status with the Refugee status Division (RPD) was rejected, withdrawn after substantive evidence was heard, or abandoned.

  • There has been no appeal to the Refugee Appeal Division (RAD).

  • There has been no application for leave (or judicial review of that application) to the Federal Court.


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