Obtaining a Temporary Resident Permit (TRP) to Overcome a Removal Order in Canada

Facing a removal order from Canada is incredibly stressful. When the Canada Border Services Agency (CBSA) tells you it is time to leave, your legal options shrink dramatically. However, in very rare and exceptional cases, you may be eligible to apply for a Temporary Resident Permit (TRP). A TRP is a highly discretionary document issued by Immigration, Refugees and Citizenship Canada (IRCC) that allows a foreign national who is otherwise inadmissible or subject to a removal order to remain in the country legally.

It is crucial to understand that a TRP is not a permanent fix; it is a temporary bridge. 🔍 It does not cancel the removal order permanently, but it effectively hits the pause button, allowing you to stay for a specific duration (from a few days up to three years). Because immigration officers scrutinize TRPs for removal orders intensely, engaging a Canadian immigration lawyer to build a flawless case is generally the smartest approach.

Step-by-Step Process for a TRP in Canada

Since deportations and TRPs fall strictly under federal jurisdiction, the process is standardized across the country. Whether your removal is being managed by a CBSA inland enforcement office in Montreal, Edmonton, or Toronto, the core federal steps remain exactly the same.

Step 1: Assessing Exceptional Circumstances

Before applying, you must identify a compelling, exceptional reason why you must remain in Canada despite the removal order. 👪 Valid reasons often include a sudden critical medical emergency, severe risk of family breakdown, or the best interests of a Canadian child who relies entirely on you. Convenience or simple desire to stay will result in a rapid refusal.

Step 2: Preparing the TRP Application Package

Your application must be extremely thorough. You will generally complete the Application to Change Conditions or Extend Your Stay in Canada (IMM 5708) or an outside-Canada form if applicable, but explicitly request a TRP. You must attach overwhelming documentary evidence, such as hospital records, psychological reports, or family court documents outlining decision-making responsibilities.

Step 3: Requesting a Deferral or Stay of Removal

Filing a TRP does not automatically stop CBSA from putting you on a plane. 🚨 You or your law firm must separately request an Administrative Deferral of Removal directly from the CBSA enforcement officer. If CBSA refuses, your lawyer may need to file an urgent motion at the Federal Court of Canada for a judicial stay of removal pending the outcome of the TRP application.

Step 4: Submitting to IRCC and Awaiting Decision

Once submitted, an IRCC officer will weigh the risks of allowing you to stay in Canada against the compelling humanitarian need you presented. If approved, you will receive a physical permit stating the exact duration of your authorized stay. If the TRP is valid for at least six months, you may also apply for an open work permit.

How Much Does it Cost in Canada?

Navigating the TRP and removal defence process involves several fees. 💵 Here is a breakdown of the typical costs you can expect as of May 2026:

While the government fees are relatively low, lawyer fees can be substantial due to the urgent and complex nature of filing federal court motions alongside the TRP application.

How Long Does the Process Take?

Standard TRP processing times can range from 3 to 6 months or longer, depending on the current backlog at IRCC. ⌛ However, if you have an imminent removal date scheduled by CBSA (e.g., a flight booked in two weeks), your lawyer can request expedited emergency processing. Even with an emergency request, there is no absolute guarantee IRCC will finalize the TRP before your scheduled departure, which is why federal court stays are often required.

Frequently Asked Questions (FAQ)

Author: lawyerinfo.ca