Temporary resident permit [section R298 and subsection A24(1)]
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
Processing and collection of fee: $229.77 per individual
Before collecting the fee, officers should ensure that inadmissibility issues have been established.
The fee to cover the cost of issuing a temporary resident permit (TRP) must be collected before the officer considers issuing a permit. If the processing fee is not paid, the application will be rejected as incomplete.
The fee is non-refundable. If the officer issues more than one permit in a case, a separate fee for each permit must be collected.
The officer must also collect a fee when issuing a permit at the request of the minister.
When the applicant completes their online fee payment, a handling of public money (HPM) receipt is electronically generated. The HPM receipt is entered into the Global Case Management System (GCMS) under the client’s application and the payment is allocated.
Note:
Under the IRPA, there is no provision for the “extension” of temporary resident permits. As the expiry date for a TRP approaches, the client is expected to apply for a new or subsequent permit and pay the associated fee if they wish to extend their stay in Canada. The terminology of “extension” has been changed to “subsequent” to avoid confusion.
On this page
- Fee exemptions
- Public policy fee exemptions
- One-time fee exemption for certain foreign nationals who are inadmissible for subsection 36(2) criminality, excluding those convicted of child pornography or any sexual offences
- Fee exemption for initial short-term temporary resident permit and open work permit for victims of trafficking in persons (VTIP TRP)
- Fee exemption for initial temporary resident permit and open work permit for victims of family violence (FMV TRP)
- Public policy fee exemptions
- TRP processing fee procedures
Fee exemptions
A fee should be collected each time a request for the processing of a TRP is received, unless an exemption has been identified pursuant to subsection R298(2) or a public policy fee-exemption applies. When a fee exemption is granted, the appropriate fee exemption code and details should be entered into the GCMS.
Public policy fee exemptions
Where an officer is of the opinion that it would be justified in the circumstances for an inadmissible foreign national to become a temporary resident, a TRP may be issued to enable the foreign national to enter and/or remain in Canada under subsection A24(1).
Section A25.2 authorizes the minister or delegated officers to grant an exemption from the payment of applicable fees where the minister is of the opinion that public policy considerations warrant it.
One-time fee exemption for certain foreign nationals who are inadmissible for subsection 36(2) criminality, excluding those convicted of child pornography or any sexual offences
A public policy was approved with respect to the entry of foreign nationals who are inadmissible on subsection A36(2) criminality grounds. Specifically, the policy allows the granting of a one-time fee exemption for a TRP for certain offences. The public policy fee exemption does not apply to persons convicted of child pornography or sexual offences.
Background
Where an officer is of the opinion that it would be justified in the circumstances for an inadmissible foreign national to become a temporary resident, a TRP may be issued to enable the foreign national to enter and/or remain in Canada under subsection A24(1). Section A25.2 authorizes the minister or delegated officers to grant an exemption from the payment of applicable fees where the minister is of the opinion that public policy considerations warrant it.
On January 13, 2012, the Minister of Citizenship, Immigration and Multiculturalism issued the public policy considerations that in his opinion justify the granting of a one-time exemption from the TRP processing fee that is required under subsection 298(1) of the Immigration and Refugee Protection Regulations (IRPR) for foreign nationals who meet the conditions of this public policy.
Instructions
As of March 1, 2012, the one-time only public policy exemption would apply to a foreign national to whom a TRP is being issued at a port of entry (POE) or a visa office abroad, who is inadmissible solely on the grounds of “criminality” under subsection A36(2), and who
- was convicted of an offence, not including child pornography or any sexual offence, and received no term of imprisonment as part of the sentence imposed
- has had no other convictions or committed any other acts that would render them inadmissible
A foreign national who is granted a TRP where the two conditions listed above are met may be eligible for a fee exemption. This fee exemption is available to those who meet the criteria even if they have been issued a TRP in the past.
The delegated authority should check the Global Case Management System (GCMS) to ensure the one-time fee-exempt TRP (cost recovery code M31) has not already been granted. The delegated authority should counsel the foreign national that the next time they seek to enter Canada, the fee exemption will not apply and that they should look into potential mechanisms to overcome their inadmissibility.
This authority has been delegated to IRCC’s immigration authorities at visa offices abroad and to Canada Border Services Agency (CBSA) officers in their immigration functions for POE examinations only. This public policy does not apply to foreign nationals who are already in Canada.
Fee exemption for initial short-term temporary resident permit and open work permit for victims of trafficking in persons (VTIP TRP)
A public policy is in effect to exempt the payment of application fees for the initial short-term VTIP TRP and open work permit when issued for 180 days. Subsequent TRPs or initial TRPs issued for a duration other than 180 days and associated open work permits are not fee-exempt. The open work permit holder fee does not apply to these cases, as per subsection R208(b) of the Immigration and Refugee Protection Regulations (IRPR) and should not be charged.
For further information, please visit Temporary resident permits (TRPs): Considerations specific to victims of trafficking in persons.
Fee exemption for initial temporary resident permit and open work permit for victims of family violence (FMV TRP)
Victims of family violence are exempt, either by regulations or by virtue of the associated public policy, from the
- processing fee for the initial TRP, regardless of its duration
- fee for the initial work permit issued in conjunction with the TRP
Note: Under the associated public policy, only the initial TRP and initial work permit are fee-exempt. The open work permit holder fee does not apply to these cases as per subsection R208(b) of the Immigration and Refugee Protection Regulations (IRPR) and should not be charged.
For further information, please visit Temporary resident permit (TRP) for victims of family violence.
TRP processing fee procedures
Outside Canada
When an applicant makes an immigration application outside Canada and it is determined that the applicant is inadmissible, the application may be refused. In some cases, an applicant may have requested TRP consideration with their immigration application. In other cases, an officer may determine on their own initiative that issuance of a TRP may be warranted in the circumstances and may contact the applicant to offer the possibility of TRP consideration. In either situation, the TRP fee must be collected before TRP consideration occurs.
Work permit with TRP counterfoil
As per paragraph R298(2)(a), when an inadmissible person applies outside of Canada for a work permit, and they are issued a TRP counterfoil instead of a TRV as a result of their inadmissibility, the TRP is fee-exempt. Only the work permit fees will be collected. This exemption does not apply to TRP issuance inside Canada.
Study permit with TRP
As per paragraph R298(2)(a), when an inadmissible person applies outside of Canada for a TRV at the same time and place as their application for a study permit, and they are issued a TRP counterfoil instead of a TRV as a result of their inadmissibility, the TRP is fee-exempt. Only the study permit fee will be collected. This exemption does not apply to TRP issuance inside Canada.
Inside Canada
Applications for a TRP in Canada may be received at the Case Processing Centre in Edmonton (CPC-E) or at a local IRCC office (e.g. potential victims of family violence, trafficking in persons, or complex cases), or may result from an individual being the subject of a subsection A44(1) report because of a reported violation of the Immigration and Refugee Protection Act (IRPA).
For TRP applications sent directly to CPC-E and those made at local IRCC offices (where a fee-exemption does not apply) the processing fee must accompany the application, or it will be rejected as incomplete. In circumstances where a TRP is considered as a result of a subsection A44(1) report, the processing fee will be requested before the recommendation for a TRP is sent to the minister’s delegate.
Canadian port of entry (POE)
For instructions on processing fee procedures at the port of entry (POE) see ENF 4 (PDF, 1.79 MB).
Temporary inability or refusal to pay
If an applicant advises that they are unable or unwilling to pay the fee immediately, they should be advised to withdraw their request for consideration of a TRP and return when they have the ability and willingness to pay the fee. There is no authority to accept a request for consideration of a TRP unless the fee has been paid. In Canada, the client will be advised that enforcement action shall be continued if they are unable or unwilling to pay the processing fee. At the port of entry, the client will be advised to withdraw their request and return when they are able to pay the required fee.
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