Major Update to Canada’s TRP Policy Guidance: What Changed in June 2019?
On June 28, 2019, Immigration, Refugees and Citizenship Canada (IRCC) implemented a significant overhaul of its instructions to immigration officers regarding the issuance of Temporary Resident Permits (TRPs). The most notable revision? The removal of a long-standing directive that prohibited the use of TRPs purely for administrative ease.
TRPs are essential for individuals who do not comply with the provisions of the Immigration and Refugee Protection Act (IRPA), particularly those found inadmissible due to criminal history and who do not yet qualify for rehabilitation. Without a TRP, such individuals cannot legally enter or remain in Canada.
Legal Basis for TRPs: Section 24 IRPA
Under Section 24 of the IRPA, a foreign national who is deemed inadmissible or otherwise non-compliant with the Act may still be granted temporary resident status at the discretion of an officer if the circumstances justify it. This status can be revoked at any time.
IRCC's Updated Guidance for Officers
According to the IRCC’s TRP operational instructions, officers are typically expected to deny entry or status to individuals who are inadmissible or non-compliant with IRPA, which can result in:
Denial of permanent or temporary resident visas outside Canada
Refusal of an Electronic Travel Authorization (eTA)
Inadmissibility reports under Section A44(1)
Permission to voluntarily withdraw an application at the port of entry
Refusal of processing within Canadian borders
However, the updated policy allows for discretionary approval of a TRP when the person’s reasons for entering or remaining in Canada are strong enough to justify an exception under the law.
TRPs are intended to help officers weigh Canada's obligations, economic, social, and humanitarian against any risks posed by the applicant, all while safeguarding public health and security.
When TRPs Are Considered Appropriate
Officers are now instructed to approve a TRP only when both the following conditions are met:
The applicant’s reason for coming to or staying in Canada aligns with IRPA’s broader objectives.
The benefits of issuing the permit clearly outweigh any potential risks posed by the individual.
The Objectives of IRPA
The IRPA outlines numerous policy goals that serve as a benchmark for TRP decisions, including:
Maximizing the economic, cultural, and social advantages of immigration
Enhancing the multicultural and bilingual identity of Canada
Supporting minority official language communities
Strengthening regional economic development
Facilitating family reunification
Promoting successful immigrant integration
Ensuring fairness, consistency, and efficiency in processing applications
Encouraging international trade, tourism, and academic or cultural exchange
Protecting public health and national security
Denying entry to those posing a criminal or security threat
Cooperating with provinces for faster credential recognition and integration
Eligibility for a TRP
A TRP may be granted if the officer believes that the individual’s purpose in Canada aligns with these objectives and that the risk is manageable. This applies whether the applicant:
Is seeking entry and is inadmissible, subject to a report under A44(1), or otherwise non-compliant; or
Is already in Canada and fits the above criteria, including not being eligible for restoration of status.
Situations Where TRPs Are Not Usually Granted
Officers are generally discouraged from issuing TRPs in the following situations:
The person is under a removal order and the Case Management Branch or CBSA has not been consulted.
The person’s entry or continued presence would run counter to legal objectives particularly those related to public safety and international security.
TRP Extensions
The updated guidelines provide criteria for extending a TRP:
The individual applies before their current TRP expires.
The designated authority believes the person’s need to remain and the associated risks continue to justify the permit.
No significant new risk factors have emerged.
The TRP has not been cancelled due to departure from Canada unless the permit specifically allows re-entry.
The individual has complied with any prior conditions (e.g., undergoing medical checks, verifying exit).
Officers have reviewed general considerations for TRPs.
Final Thoughts
The June 2019 revisions mark a pivotal change in how officers approach TRP applications, especially by eliminating previous constraints related to administrative convenience. While TRPs remain discretionary and exceptional in nature, the refined guidelines reflect a more nuanced balancing of risk and purpose aligned with Canada’s immigration principles.
About the Author: Lauren Shannan is a Senior Immigration Consultant with 10 years of experience helping foreign nationals navigate their journey in Canada. With her extensive knowledge of immigration processes and policies, Lauren provides valuable insights to those looking to make Canada their new home.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For personalized advice, please consult with a licensed immigration professional.