Temporary resident permit
Statutory definition
(1) A foreign national who, in the opinion of an officer, is inadmissible or does not meet the requirements of this Act becomes a temporary resident if an officer is of the opinion that it is justified in the circumstances and issues a temporary resident permit, which may be cancelled at any time.
(2) A foreign national referred to in subsection (1) to whom an officer issues a temporary resident permit outside Canada does not become a temporary resident until they have been examined upon arrival in Canada.
(3) In applying subsection (1), the officer shall act in accordance with any instructions that the Minister may make.
Immigration and Refugee Protection Act, SC 2001, c 27, s 24(1)–(3)
Explanation
A temporary resident permit (TRP) is a discretionary document that allows a foreign national who is otherwise inadmissible or who does not meet IRPA requirements to enter or remain in Canada. The decision to issue a TRP involves a balancing of the reasons for the foreign national's presence in Canada against the risks to Canadian society.
A TRP can be issued at a port of entry or from within Canada. It may be cancelled at any time by an officer. A TRP does not cure the underlying inadmissibility — it is a temporary override that expires at the end of the period specified.
How this term is used
Common grounds on which TRPs are sought include prior criminal convictions rendering a person inadmissible under IRPA s 36, medical inadmissibility, and procedural non-compliance. A TRP holder may apply to extend their permit or to transition to another immigration status while in Canada. Certain restrictions apply to designated foreign nationals (IRPA s 24(5)) and persons whose refugee claims have not been allowed (IRPA s 24(4)).