Should I ask for a Temporary Resident Permit in my H&C claim?

1. Learn if you might qualify for a Temporary Resident Permit

The decision by Immigration, Refugees and Citizenship Canada (IRCC) about whether to give you a is “discretionary”. This means that immigration officers have a lot of freedom when they decide about these applications.

When IRCC decides whether to give you a Temporary Resident Permit, they consider:

  • how much of a risk you could be because you're
  • why you need to stay in Canada

For example, if you're inadmissible because you have a criminal record, IRCC will consider how likely it is that you'll commit a crime in the future. Or, for example, if you're inadmissible for health reasons, IRCC will consider whether your health condition is likely to be a risk to public health or safety.

And, to get a Temporary Resident Permit, you have to show that why you need to stay outweighs any risk that might be caused by you staying. For example, you might need a Temporary Resident Permit so you can start working right away because you have no other source of income. Or you might need a Temporary Resident Permit so that you can get health care for a serious health condition.

Who cannot ask for a Temporary Resident Permit

You're not eligible to apply for a Temporary Resident Permit if:

  • you made a refugee claim in Canada, and
  • it's been less than a year since your refugee claim was finally:
    • rejected
    • abandoned, or
    • withdrawn after was presented at your hearing

If you challenge a decision to reject your refugee claim, the one-year period does not start until you get a final decision. For example, if you disagree with a decision of the Refugee Protection Division (RPD), you might be able to appeal to the Refugee Appeal Division (RAD). If you do this, the one-year period does not start until the RAD decides your appeal.

And if you apply to the Federal Court to review a decision of the RPD or the RAD, you have to wait until one year after the Federal Court refuses your application.

You're also not eligible to apply for a Temporary Resident Permit if you were found ineligible to make a refugee claim in Canada and you've applied for a Pre-Removal Risk Assessment instead.

Designated foreign nationals

If you're a the time period that you have to wait is 5 years.

If you did not make a refugee claim, the 5-year period starts on the day you became a designated foreign national.

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