Understanding Temporary Residency in Canada: Rights, Pathways, and Challenges for Refugees and Asylum Seekers

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By Ekens Azubuike, Founder and Board Member, Ekens Foundation International

Canada’s immigration system distinguishes between permanent residents (who hold indefinite status and can apply for citizenship) and temporary residents—foreign nationals authorized to enter and remain in Canada for a limited time under the Immigration and Refugee Protection Act (IRPA). Temporary resident status allows individuals to visit, study, work, or seek protection on a non-permanent basis, subject to conditions, time limits, and compliance requirements.

What Constitutes Temporary Resident Status?

Under IRPA Section 22, a foreign national becomes a temporary resident if an immigration officer is satisfied they meet entry requirements, are not inadmissible, and intend to leave Canada at the end of their authorized period. Key categories include the following:

• Visitor status — For tourism, family visits, business (without entering the labor market), or short-term stays. Often granted via a Temporary Resident Visa (TRV) (also called a visitor visa) for visa-required nationals, or an Electronic Travel Authorization (eTA) for others. Stays are typically up to 6 months, extendable via a visitor record.
• Study permits — For international students at designated learning institutions. Recent changes include caps on new study permits (targeting around 155,000 in 2026, down significantly from prior years) and updated eligibility rules.
• Work permits—For temporary foreign workers, including those under Labor Market Impact Assessments (LMIA) or LMIA-exempt streams (e.g., International Mobility Program). Targets for new work permits are set at 230,000 in 2026, a sharp reduction emphasizing higher-skilled roles.
• Temporary Resident Permits (TRPs) — Special authorization for inadmissible individuals (e.g., due to criminality, medical issues, or non-compliance) who have compelling reasons to enter or remain. TRPs are discretionary, limited in duration (often 6–36 months), and can be cancelled at any time. They do not overcome inadmissibility permanently.

Temporary residents must comply with conditions (e.g., no unauthorized work, departure by expiry), and status can be lost or restored within limited windows (e.g., 90 days for expired permits in some cases).

Temporary Residency in the Context of Refugees and Asylum Seekers

For those seeking international protection, temporary residency intersects with refugee processes:

• Asylum seekers (refugee claimants) in Canada may receive temporary status while claims are processed by the Immigration and Refugee Board (IRB). Successful claimants become protected persons and can apply for permanent residence.
• Rejected claimants or those facing removal may seek TRPs in exceptional circumstances (e.g., humanitarian grounds, risks upon return), though restrictions apply (e.g., no TRP request within 12 months of a negative decision in some cases).
• Non-refoulement obligations under the 1951 Refugee Convention and the Convention Against Torture prohibit return to persecution or torture, even for temporary residents.

Canada’s 2026–2028 Immigration Levels Plan introduces significant shifts: temporary resident arrivals drop to 385,000 in 2026 (from higher prior targets), aiming to reduce the temporary population to below 5% of Canada’s total by 2027. This includes accelerated pathways for up to 33,000 temporary workers and ~115,000 protected persons to transition to permanent residence over 2026–2027, prioritizing in-Canada applicants with skills, community ties, or protected status.

However, these reductions raise concerns for vulnerable groups, including rejected asylum seekers or those in precarious temporary status, who may face heightened enforcement, limited extensions, or deportation risks amid stricter policies.

Challenges and Advocacy Needs

Temporary residency offers essential but fragile protection. Common issues include:

• Expiry and overstay risks leading to loss of status.
• Barriers to work/study extensions or pathways to permanence.
• Use of potentially biased country-of-origin information in determinations.
• Risks of indirect refoulement through enforcement practices.

At the Ekens Foundation International, as an independent human rights commissioner and think tank for civil and political rights, we provide pro bono support to temporary residents facing uncertainty—particularly refugees, asylum seekers, and rejected claimants. We assist with:

• Guidance on extensions, TRPs, or humanitarian/compassionate applications.
• Documentation of pre- and post-deportation risks.
• Petitioning UN organs (e.g., Human Rights Committee, Committee Against Torture) for individual remedies under Optional Protocols.
• Lobbying for reforms to align policies with international obligations.

We urge Canada to uphold non-refoulement, ensure fair assessments, and expand safe pathways amid evolving temporary resident rules.

If you or someone you know is navigating temporary residency—whether as a visitor, student, worker, or asylum seeker—or facing expiry/deportation, reach out for free assistance or to volunteer in our global efforts.

• Contact form: ekensfoundation.org/contact-us
• Email: info@ekensfoundation.org
• Phone: +1-514-446-6389

Together, we defend dignity, accountability, and the right to protection under international law.

Ekens Azubuike is the founder and board member of the Ekens Foundation International, a self-funded nonprofit advocating for refugees, asylum seekers, political detainees, and human rights worldwide