Temporary Resident Permit & Out of status

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:

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• 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. ​

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.