A TRP is a document that authorizes a person who is inadmissible or does not meet the requirements of the Immigration and Refugee Protection Act or Regulations to enter or remain in Canada.

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TRPs are only issued when justified in the circumstances and at the discretion of the processing officer. A TRP may be cancelled at any time.

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Persons who are not Canadian citizens or permanent residents may be authorized to enter or remain in Canada as temporary residents, including TRP holders. This means that as holders of a valid TRP, you have temporary resident status for a limited period of time. TRP holders do not benefit from maintained status.

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Despite your status as a temporary resident, you remain inadmissible or in non-compliance and as such may not be eligible for a further period of temporary residence or for permanent residence.

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You can apply for a study permit if you have a Temporary Resident Permit (TRP). If your TRP is valid for six months or longer, you are eligible to apply for a study permit along with your TRP. You can even apply for a work permit at the same time. 

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These applications must be submitted in paper form and mailed to the Case Processing Centre.

Detailed Options:

• Permanent Residence: After a period of continuous residence in Canada (either 3 or 5 years, depending on the reason for the TRP), TRP holders may be eligible to apply for permanent residence under the Permit Holder Class. 

• Work Permit: If your TRP is issued for six months or longer, you are eligible to apply for a work permit. 

• Study Permit: If your TRP is issued for six months or longer, you are also eligible to apply for a study permit. 

• Humanitarian and Compassionate (H&C) Grounds:  Individuals facing exceptional circumstances may be able to apply to remain in Canada on H&C grounds. 

• Family Sponsorship: Married or common-law spouses who are out of status in Canada can apply to be sponsored by a Canadian permanent resident or citizen. ​

In Canada, individuals can apply for refugee status if they fear persecution based on race, religion, nationality, political opinion, or membership in a particular social group. They must also be unable to return to their home country due to this fear or risk of harm. 

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Who can apply:

• Those at risk of torture or cruel and inhuman treatment:

  Individuals facing a risk of torture, risk to their life, or cruel and unusual treatment or punishment in their home country. 

• Those who are members of a particular social group:

  This includes individuals facing persecution based on their gender, sexual orientation, or other personal characteristics. 

• Those who are a person in need of protection:

  Individuals who cannot return to their home country because they would face a risk of torture, risk to their life, or risk of cruel and inhuman treatment or punishment. 

• Foreign nationals:

  Individuals who are not Canadian citizens or permanent residents and are at risk of harm in their home country. 

• Those fleeing persecution:

  Anyone who fears persecution based on their race, religion, nationality, political opinion, or membership in a particular social group. 

 

To be eligible, you generally need to: 

• Be physically present in Canada: This can be at a port of entry or within the country. 

• Demonstrate your fear of persecution: You need to provide evidence to the Immigration and Refugee Board of Canada (IRB) that you have a well-founded fear of persecution. 

• Meet the definition of a Convention refugee or a person in need of protection: The IRB will assess your claim and determine if you meet these criteria. 

Yes, you can withdraw your refugee claim in Canada. To do so, you need to complete the Notice of Withdrawal of a Claim for Refugee Protection form and submit it to the Refugee Protection Division (RPD). Once withdrawn, you will not be able to make another refugee claim in Canada. 

 

Here's a more detailed explanation:

• Permanent Residence:

  If you are granted permanent residence through a different policy or program, you may be required to withdraw your refugee claim as a final condition. 

• Legal Advice:

  It's crucial to seek legal advice before withdrawing your claim, as there are potentially significant consequences. 

• No Re-opening:

  Withdrawing a claim makes it very difficult to re-open or re-file a claim in the future. 

• Formal Withdrawal:

  You must formally inform the RPD that you are withdrawing your claim using the designated form. 

• Consequences:

  Withdrawing your claim means you forfeit your right to pursue refugee protection in Canada and will likely be subject to removal. 

Yes, refugees in Canada can marry. A refugee claimant has the same rights to marry as any other resident of Canada. However, there are specific legal steps to follow, and it's important to understand the potential implications for their refugee claim. 

 

Legal Requirements for Marriage:

• Minimum Age: Both parties must be at least 18 years old. 

• Legal Capacity: Both parties must be legally capable of entering into a marriage. 

• Identification: Valid identification documents are required. 

• Consent: Both parties must freely and voluntarily consent to the marriage. 

• Proper Registration: The marriage must be legally registered in Canada. 

 

Potential Implications for Refugee Claims:

• Timing of Marriage:

  The timing of a marriage, especially during a pending refugee claim, can be scrutinized for credibility and genuineness. 

• Spousal Sponsorship:

  Marrying a Canadian citizen or permanent resident can lead to the possibility of being sponsored for permanent residence, but it doesn't guarantee citizenship. 

• Credibility:

  A marriage during the refugee claim process can raise questions about the authenticity of the claim. 

If you are out of status in Canada, you have a few options. You can apply to restore your status within 90 days of losing it, or you can apply for a Temporary Resident Permit (TRP) if you are inadmissible. Additionally, you may be eligible for spousal sponsorship. 

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Here's a breakdown of the options:

• Spousal Sponsorship:

  If you are eligible to be sponsored by a Canadian citizen or permanent resident who is your spouse or common-law partner, you may be able to immigrate to Canada

• Restoration of Status:

  If you lost your status due to an expired permit or refusal, and it's been less than 90 days, you can apply for restoration. You'll need to pay a fee and provide supporting documents.

• Temporary Resident Permit (TRP):

  A TRP allows you to remain in Canada temporarily, even if you're inadmissible/ This is a case-by-case decision, and you'll need to demonstrate compelling reasons for remaining in Canada.