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

A Temporary Resident Permit is a permit from Immigration, Refugees, and Citizenship Canada (IRCC) to live in Canada for a certain period of time, usually 1 to 3 years. It’s a way for IRCC to let you stay here temporarily, even if you’re inadmissible to Canada.

Making an H&C application

The general rule is that you should apply for permanent resident status from outside Canada. When you make a humanitarian and compassionate (H&C) application, you’re asking IRCC to let you apply from inside Canada.

And if you’re inadmissible to Canada for reasons such as your health or having a criminal record, you have to ask IRCC to make an exception to those rules.

Most people who make an H&C application don’t ask for a Temporary Resident Permit. It’s only in certain situations when you’re inadmissible to Canada that you might want to do this.

When you might ask for a Temporary Resident Permit

Some people who make H&C applications are inadmissible for health reasons. They might ask for a Temporary Resident Permit that lets them qualify for health care while they wait for permanent resident status.

Or someone who has no income might want to avoid going on social assistance. They might ask for a Temporary Resident Permit so they can start working without having to wait for their H&C application to be approved at Stage 1 of the process.

Some people are not able to ask for a Temporary Resident Permit. See Step 1 to learn more about this.

There are special rules to help you if you’re dealing with family violence or abuse. See Step 2 to learn more about this.

Getting legal advice

Get legal advice about asking for a Temporary Resident Permit. Step 5 explains why this is important.