Temporary Resident Permit — IRPA s 24
Overview
Section 24 of IRPA gives the Minister (and delegated officers) the discretion to issue a Temporary Resident Permit (TRP) to an inadmissible person where the officer is satisfied that the need to enter or remain in Canada is justified in the circumstances. A TRP allows a person who would otherwise be refused entry or removed to be present in Canada for a limited period. The officer must weigh the reasons for the person's presence against the risk to Canada and Canadians. A TRP is not a finding of admissibility — the inadmissibility remains, and the TRP is a discretionary exception.
A TRP is not a permanent solution to inadmissibility. For criminal inadmissibility (s 36), the long-term solution is criminal rehabilitation (for eligible persons) or, where rehabilitation is not available, a Ministerial relief application. The TRP is suitable for one-time or time-limited needs — business travel, family emergency, or a medical visit — where permanent resolution of the inadmissibility is not yet available or possible.
Eligibility
When is a TRP available?
A TRP may be issued for any type of inadmissibility, including:
- Criminal inadmissibility (s 36 — including DUI convictions, which render US visitors inadmissible)
- Health inadmissibility (s 38 — excessive demand or public health/safety)
- Financial reasons
- Security grounds (though TRPs for s 34 inadmissibility are rarely granted)
The compelling need test
The officer applies a proportionality analysis:
- What is the purpose of the entry? — business, family emergency, medical treatment, international obligations
- Is the purpose compelling? — is there a genuine need that justifies the risk?
- What is the risk? — the nature and severity of the inadmissibility; the risk to Canadians if the person is allowed in
- Are the risks outweighed by the need? — does the purpose justify overriding the inadmissibility?
A one-time business visit to attend a conference or close a deal may be sufficient for criminal inadmissibility for a minor conviction. A request based on a DUI conviction for a first-time offender more than 10 years ago is more readily approved than one involving a recent violent offence.
TRP vs Criminal Rehabilitation
TRP: short-term; the inadmissibility persists; must be renewed for each visit; costs $200 per application. Criminal Rehabilitation: permanent resolution; the person is no longer inadmissible; only available 5 years after sentence completion for serious criminality, 10 years for most other criminal inadmissibility.
Selection criteria
Application process
Issuing authority
TRPs can be issued by:
- A CBSA officer at a port of entry (for applications made on arrival)
- An IRCC visa officer at a Canadian visa office abroad (for applications made outside Canada)
- An IRCC inland officer (for persons already in Canada seeking to extend or regularise status)
TRP duration
A TRP can be issued for any duration, from a single day to a maximum of 3 years. The duration is determined by the purpose of the TRP. A TRP for a multi-year employment arrangement may be issued for up to 3 years; a TRP for a single conference visit may be issued for the duration of the event.
Pathways from a TRP
A person who has held a TRP for a continuous period of 3 years may be eligible to apply for permanent residence from within Canada under s 25 H&C — if the inadmissibility can be waived. Holding a TRP does not guarantee PR eligibility; it is one of the factors an H&C officer may consider.