Last Updated on septembre 29, 2017
Aug 3, 2017 – This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada (IRCC) staff. The authorities have posted this information on the Department’s website as a courtesy to all stakeholders.
The authorities require officers to issue permits only in exceptional circumstances. As such, officers should only consider issuing Temporary Resident Permits (TRPs) when the need of the individual to enter or remain in Canada is compelling and sufficient for overcoming any risks that the individual might pose.
Officers will need to issue Temporary Resident Permits (TRPs) to any people who are:
- Inadmissible and seeking to come into Canada in case the officers are of the opinion that the situation warrants it and when it is in accordance with the provisions specified in subsection A24 (1) of the Immigration and Refugee Protection Act (IRPA)
- In Canada and are inadmissible, subject to a report or reportable for violation of the Act, or do not otherwise meet the requirements of the Act or,
- Not eligible for the restoration of status
The authorities require officers to recommend or issue permits only in accordance with the Act and Regulations. In addition, the authorities require officers to leave a record of their decisions. Accountability is especially important when it comes to recommending or issuing Temporary Resident Permits (TRPs). This is because clear records of decision provide the base information for the preparation of the Annual report to Parliament.
The Situations in Which Officers Might Become Aware that a Foreign National Might be Inadmissible
Officers might become aware that a foreign national is inadmissible when they:
- Review any application under the Immigration and Refugee Protection Act (IRPA)
- Come across foreign nationals who are aware that they might be inadmissible and have requested a Temporary Resident Permit (TRP) or,
- Report a foreign national under the provisions specified in A44 (1) for inadmissibility under the Immigration and Refugee Protection Act (IRPA)
What Officers Will Need to Do If a Client Requests a Temporary Resident Permit (TRP)
While reviewing cases, officers will invariably become aware of the foreign national’s inadmissibility. In this scenario, if the client wishes the authorities to consider the client for a Temporary Resident Permit (TRP), the officer will need to, in consultation with a designated decision maker (refer to IL 03):
- Assess whether the client meets the eligibility criteria for a Temporary Resident Permit (TRP)
- Consider whether the individual is under a removal order or a warrant (refer to ENF 10) and,
- Assess the appropriate risk factors
Source: Immigration, Refugees and Citizenship Canada (IRCC)