Immigration, Refugees and Citizenship Canada (IRCC) has updated its guidance on Temporary Resident Permits (TRPs), including language explaining what constitutes a “compelling need” to enter or remain in Canada.
Under subsection 24(1) of the Immigration and Refugee Protection Act (IRPA), a TRP may be issued to a foreign national who is inadmissible to Canada or who otherwise does not meet the requirements of the Act. An officer may issue a TRP if the foreign national’s need to enter or remain in Canada temporarily is justified in the circumstances.
The updated guidance emphasizes that TRPs are an exception to Canada’s regular immigration processes.
What Is a “Compelling Need”?
For the purposes of issuing a TRP, IRCC now defines a compelling need as being “overwhelming in a powerfully irresistible way.”
The wording may strike some readers as somewhat comical in its intensity, but the policy point behind it is serious. IRCC states that the definition is intended to assist officers in their decision-making and ensure that it is understood that issuing a TRP is an exception to regular immigration processes.
IRCC instructs that TRPs should only be issued when an applicant provides a “meaningful and convincing rationale” explaining why their presence in Canada is needed.
IRCC also states that, in the absence of a compelling need to enter or remain in Canada, issuing a TRP will usually not be justified.
How Are TRP Applications Assessed?
A TRP may be issued to a foreign national who, in the opinion of an officer, is inadmissible or does not meet the requirements of the IRPA.
The decision is discretionary. Officers may consider whether the person’s need to enter or remain in Canada is compelling and whether the need for their presence outweighs any risk to Canadians or Canadian society.
IRCC’s guidance provides a non-exhaustive list of factors that may be considered. These include a person’s immigration history and any pattern of non-compliance, family-related circumstances, the reason their presence in Canada is necessary, job qualifications, economic contributions, attendance at an event, and the benefits of their presence to themselves and others.
Officers must also consider the intent of Canada’s immigration legislation, program integrity and the protection of public health and safety.
TRPs Are an Exceptional Measure
IRCC describes a TRP as an “exceptional tool” intended to provide flexibility where an applicant’s individual circumstances warrant it. This can include situations that were not fully anticipated when Canada’s immigration legislation and regulations were developed or where strict enforcement would have consequences that are unreasonably harsh.
Importantly, IRCC states that if an applicant’s circumstances can be addressed through an existing immigration pathway, it is unlikely that issuing a TRP would be justified.
This distinction is particularly important because TRPs should not be treated as a routine application or a fallback option where the circumstances do not justify one. Applicants should be cautious of representatives who recommend filing a TRP application without a reasonable basis simply to generate additional legal or professional fees. An application should be recommended because the facts support seeking this exceptional relief, not merely because an application can be submitted.
A TRP is issued at the discretion of the delegated authority and may be cancelled at any time.
Conclusion
The updated guidance reinforces the exceptional nature of Temporary Resident Permits. Demonstrating a compelling need requires more than simply wanting or preferring to enter or remain in Canada. Applicants should be prepared to provide a meaningful and convincing explanation of why their presence in Canada is needed.
If you are inadmissible to Canada or believe you may require a Temporary Resident Permit, Jain Immigration Law can assess your circumstances and advise you on the immigration options that may be available.
Contact Jain Immigration Law
To discuss your Canadian immigration matter, contact Jain Immigration Law to schedule a consultation with one of our immigration lawyers.
Jain Immigration Law
Phone: +1 (416) 548-5533
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Website: www.jainimmigrationlaw.com