Guide 5554 - Applying to remain in Canada as a temporary resident permit holder

This is not a legal document. The explanations and definitions are not legal definitions. In case of a discrepancy between the language in this document and the relevant legislation or regulations, the legal text in the legislation and regulations prevails.

For legal information, consult the following documents:

Overview

This guide is for persons who are in Canada and require an initial temporary resident permit (TRP) or wish to apply for another TRP to remain in Canada, including victims of human trafficking and victims of family violence.

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.

Before you start, read the entire guide. It details your obligations as a permit holder and provides some information on inadmissibility and non-compliance which may help you determine whether you are eligible to apply for another TRP. The guide also provides instructions and application forms that you need to complete, as well as a checklist of supporting documents that you will need to submit with your application.

Note: A work or study permit, or a temporary resident visa is not a TRP. You are not a TRP holder unless you have been issued a document specifically identified as a temporary resident permit. 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.

Family members

If you are inadmissible, your family members in Canada (spouse, common-law partner and dependent children) may also be inadmissible. Each family member will need to submit their own TRP application.

Obligations of a permit holder

Immigration, Refugees and Citizenship Canada (IRCC) has permitted you to remain in Canada temporarily despite an inadmissibility. As a permit holder you are expected to:

When to give your biometrics

You only need to give your biometrics once every 10 years. However, we can’t issue a visa or permit longer than 10 years from the last date you gave your biometrics.

Extend the validity of your biometrics

If you want a visa or permit for longer than 10 years from the last date you gave your biometrics, you can choose to give your biometrics again when you apply. You can give your biometrics again even if they’re still valid.

Follow these steps when you apply for your visa or permit:

  1. Pay the biometrics fee when you apply.
  2. Wait for your biometric instruction letter (BIL). You must use the BIL that was issued for this application.
  3. Book an appointment and visit an official biometric collection location to give your biometrics again.

Where to give your biometrics

You need to book an appointment to give your biometrics at one of these official biometric collection service points.

Processing your application

The Case Processing Centre will review your application to determine if it is complete. If your application is not signed, if the required fee is missing, or if the required passport size photos are missing, your application will be returned to you and you will have to re-apply. If other information is missing, your application may be returned or refused.

The Case Processing Centre will send you:

The Case Processing Centre processes most of the applications it receives, however, a small number are referred to a local IRCC office for further assessment. If your application is referred to a local office, they will contact you to obtain additional information or clarification.

Once they receive the additional information or clarification, the local office will complete the final stages of processing and if required, invite you to an interview. Once processing is complete, the local office will notify you in writing of their decision.

Applications from victims of human trafficking and victims of family violence are submitted to and processed at the IRCC Vulnerable Persons Unit on a priority basis.

After reading this guide, if you believe you are eligible to apply then you should proceed as instructed below:

It is illegal to remain in Canada beyond the validity of your status in Canada.

It is illegal to work without a required work permit.

It is illegal to study without a required study permit.

Status in Canada

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.

A valid TRP

A TRP is valid for a specified period of time. Printed or written on your TRP will be either a “Date of Issue” and “Expiry Date” or a “Permit in force from” and a “Permit in force until date”. Your TRP is valid according to the “Expiry date” or the “Permit in force until date”.

Temporary resident permit holders

As holders of a valid TRP , you and each of your family members are both a permit holder and a temporary resident. 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.

Your inadmissibility may limit your success in being granted a TRP or lengthen the processing period of your application. Applicants may be asked to provide additional documentation to attend an interview, or may even be prevented from becoming permanent residents.

The duration of your TRP may limit access to certain services. For example, permit holders may only apply for a work or study permit if their TRP has a validity of more than six months.

An inadmissibility or non-compliance

Inadmissibility: means there is a medical condition, recent or past criminal conviction(s), financial concern(s), you misrepresented information in your application or there are serious criminal concerns that cause you to be inadmissible under the Act and prevent you from entering or remaining in Canada without a TRP .

Non-compliance: means you directly or indirectly failed to satisfy the requirements of the Act or Regulations. Some examples are as follows:

Obtaining another Temporary Resident Permit

TRP holders who wish to remain in Canada, must apply for permission to do so. You and each of your family members must complete your own application, then submit them together by mail with the appropriate documentation and the required fee for each person.

Determining eligibility

As TRP holders, you and your family members are legally authorized to remain in Canada temporarily. However, you are restricted in your authorized length of stay and you are subject to various other conditions.

The eligibility for another TRP may be affected by, but are not limited to, any of the following reasons:

Conditions on Temporary Resident Permit holders

An officer may impose, vary or cancel conditions when issuing a TRP . The maximum validity of a single TRP is three years and it is accompanied by specific conditions. Generally, as a permit holder you:

What we consider when assessing your application

As a permit holder, each time you request another TRP , you are assessed to determine whether:

We can require that you:

We may refuse your request for another TRP :

Note: A TRP is not intended to provide continuous status for long periods of time especially if the inadmissibility or non-compliance can be resolved and regular temporary resident status achieved.

When a medical examination is required

If a medical examination is required, an officer will send you written instructions on how to proceed. A medical examination and assessment will require some time and may add over three months to the processing of your application.

When to apply for another TRP

If your TRP is still valid, you can apply for another TRP. You should apply well before the “Expiry date” or the “Permit in force until date” on your current TRP as you do not benefit from maintained status as a TRP holder. We cannot guarantee that your application for another TRP will be processed before your current TRP expires. See the section Processing Your Application at the beginning of this guide.

If you do not apply for a new TRP, it is your responsibility to leave Canada before the “Expiry date” or “Permit in force until date” of the permit.

If your TRP is expired

You cannot restore your temporary resident status as a TRP holder. If your TRP has expired or if you did not respect one of the conditions of your TRP or you have worked or studied without authorization, you have committed an offence under the Immigration and Refugee Protection Act. You may be subject to an admissibility hearing that could lead to your removal from Canada.

The validity of your passport

Your passport expiry date can affect the length of time you may remain in Canada. Before you apply for another permit you should ensure that there is sufficient time remaining on your passport to cover:

Other services available to TRP holders

If your TRP is issued for six months or longer, you are eligible to apply for a work and/or study permit. All application fees apply.

Applying for more than one service at the same time

If you wish to apply for a TRP and a work permit, you should complete the Application to change conditions, extend my stay or remain in Canada as a worker [IMM 5710] (opens in a new tab) .

If you wish to apply for a TRP and a study permit, you should complete the Application to change conditions, extend my stay or remain in Canada as a student [IMM 5709] (opens in a new tab) .

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

Before you submit any of your applications, you must read and follow the instructions provided for the study or work permit. Details and instructions on how to apply for a study or work permit from within Canada may be obtained by visiting the following web pages: Applying to Change Conditions or Extend Your Stay as a Student and Applying to Change Conditions or Extend Your Stay as a Worker.

Information you must provide when applying for a TRP

You and your family members who are applying for a TRP must each provide two (2) passport sized photographs as well the following documents:

Proof of identity for persons other than US citizens

Copy of a passport or other travel document. An acceptable travel document is one that allowed your travel to Canada and recognizes your right to re-enter the country that issued the document.

Proof of identity for US citizens

Copy of passport or birth certificate.

Photocopy of your current immigration document

Your current TRP and work or study permit (If you have either of these documents) and any other document issued to you by IRCC.

Supporting documentation of any action you have taken to resolve your inadmissibility, or your non-compliance

Some examples of supporting documentation:

Evidence of how you will support yourself or be supported in Canada and how you will pay for transportation to leave Canada

A letter along with supporting documents providing the following information outlining:

If applying for a subsequent TRP, also provide the following:

If applicable you must also provide:

Leaving Canada

Nothing prevents you from leaving Canada at any time. However, if you leave before you receive another temporary resident permit, we expect your inadmissibility to be resolved before you return. If you submitted an application for another TRP prior to leaving Canada, it will be refused.

Foreign nationals must establish that they meet all of the requirements of the Immigration and Refugee Protection Act and its Regulations before being authorized to enter or re-enter Canada. The final decision is always made by the border services officer at the port of entry.

Completing the forms

The documentation you provide will be used to establish that your authorization to remain in Canada would not be contrary to the Act. You must provide truthful, accurate information. The information provided may be verified. Processing will stop immediately if you give false or misleading information. It is an offence under section 127 of the Immigration and Refugee Protection Act to knowingly make a false statement on this form.

Application to Change Conditions, Extend my Stay or Remain in Canada as a Visitor or Temporary Resident Permit Holder (IMM 5708) (opens in a new tab)

Venezuelan passport holders

If the printed expiry date on your Venezuelan passport has passed

If the printed expiry date has passed and you’re applying for a visitor visa, study permit, work permit or to extend your stay as a temporary resident in Canada, follow these steps:

  1. Add 5 years to the printed expiry date shown on your passport and enter it in the expiry date field of the application form.
  2. Include a letter of explanation with your application stating: “I am a Venezuelan national with a Venezuelan passport, which has been extended for 5 years”.

Warning: If your passport is still expired after adding 5 years to the printed expiry date, your passport is considered expired. You’re not eligible to submit an application with that passport.

Use of a Representative (IMM 5476)

Who may use this form?

Fill out this form only if you:

If you have dependent children aged 18 years or older, they must fill out their own copy of this form if a representative is also conducting business on their behalf.

Who is a representative?

A representative is someone who:

You are not obliged to hire a representative. We treat everyone equally, whether they use the service of a representative or not.

Notify IRCC about any changes

You must use this Web form to tell us if any information changes regarding the person you authorized to represent you on your application.

Paying the fees

Required fees

You must pay a processing fee for each service that you are applying for and proof of payment of all fees must be submitted with your application. If you apply for more than one service on a single application, you must add up the fees for each service and submit the total of the fees with your application. For information including eligibility, fees and required documents for working or studying in Canada, refer to the guides Applying to Change Conditions or Extend Your Stay in Canada - Worker (IMM 5553) or Applying to Change Conditions or Extend Your Stay in Canada - Student (IMM 5552) or the Help Center.

Note: Victims of human trafficking and victims of family violence don't pay a fee for an initial TRP or work permit.

How to pay the fees for your application

To pay your fees for your application you’ll need:

Visit the link below and follow these instructions to pay: