Temporary Resident Permits (TRPs) – Intake – Temporary Residence Fees and Procedures 

The authorities levy the following fees in this category:

• For the processing and the collection of the fee: $200 per individual
• For visitors: $200
• For applicants who also require a study permit i.e. $200 for the Restoration of temporary resident status processing fee and $150 for the study permit: $350 and,
• For applicants who also require a work permit i.e. $200 for the Restoration of temporary resident status processing fee and $155 for the study permit: $355

Officers will need to refer to the Coding Handbook for the fee exemptions applicable.

The Immigration and Refugee Protection Act (IRPA) includes a provision that authorises the Deputy Minister or the Deputy Minister’s designates to restore temporary resident status under specific circumstances to people who have ceased to be temporary residents.

The Immigration office (or the Case Processing Centre (CPC)) will typically receive applications for the restoration of temporary resident status i.e. IMM 1249E from visitors, workers or students. Officers will need to assess the applications for determining whether the people concerned are out of status but are likely candidates for the restoration of temporary resident status. However, the officers will not return the applications and any processing fees already submitted to the applicant.

Officers will typically inform the applicants that the applicants are out of status. In addition, they will need to inform the applicants that consideration for the restoration of temporary resident status is a possibility. The authorities require officers to exercise care when approaching clients. As such, they require officers to approach clients only where refusal is unlikely if the authorities receive an application for restoration promptly. In addition, the authorities require officers not to imply a firm commitment. Thereafter, the officers will need to advise the applicant of the processing fee that applies for the restoration of temporary resident status.

The office will need to retain basic information on the application. This is necessary for continuing the processing when the office receives the application for the restoration of temporary resident status from the client. Situations could arise where the authorities grant the restoration of temporary resident status and a client requires permission to attend school or work. In this scenario, the officers will need to collect the applicable processing fees for the service in addition to those pertaining to the restoration of status.

The Temporary Inability of Refusal to Pay

Situations could arise where an applicant states that they are unable or unwilling to pay the fee immediately. In this scenario, the officers will need to counsel the applicant that there is no option for receiving the service without payment. Officers should urge such applicants to return when they have the ability and the willingness to do so.

Officers should also inform the applicants to withdraw their applications and to re-apply when they have the ability and the willingness to make the payment. It is worth highlighting that the applicant will be out of status in such cases. In this scenario, the officers will need to refer the case for enforcement activity.

The processing and collection of fees for applications received prior to February 06, 2014, is $125 per individual. Similarly, the processing and collection of fees for applications received on or after February 06, 2014, is $150 per individual. Officers will need to refer to the Coding Handbook for the fee exemptions applicable.

The receipt of a completed Application for a Study Permit i.e. IMM 1294B along with the appropriate fee will initiate processing. In some cases, the client might be fee-exempt. In all cases excluding fee-exempt cases, the officers will need to collect the fees each time the applicant submits a request for a study permit abroad at a Port of Entry (POE) or inland. If the client is fee-exempt, officers will need to enter the appropriate fee-exemption code on the application. The officers will need to enter the appropriate fee-exemption code into the appropriate processing system as well.

Inland Offices:

At inland offices, officers will not charge out of status clients a fee until the Immigration Manager authorises a Temporary Resident Permit (TRP) or the processing of the client towards the restoration of temporary resident status. In those cases, the student will need to pay the applicable fee for the processing of the Temporary Resident Permit (TRP) or for the restoration of temporary resident status. In addition, the student will need to pay the applicable fee for the study permit. Officers will provide a receipt to the applicant. In addition, the officers will need to ensure that the applicant has made the payment prior to the initiation of the processing of the application. To indicate that the applicant has made the payment or that the officers have applied a fee exemption, the officers will need to code the appropriate box on the IMM 1208B or the IMM 1442B.

Ports of Entry (POEs):

For Students with Study Permits from Visa Offices Abroad

Situations could arise where students appear at a Port of Entry (POE) with a letter from the visa office indicating that the officers have authorised the study permit at that visa office. In this scenario, officers will need to check the Field Operations Support System (FOSS) that the information is complete. In case the officers have any questions, they will need to contact the issuing office abroad.

For Students with no Study Permits

It is worth mentioning that applicants do not submit any formal written applications at Ports of Entry (POEs). As such, officers will need to collect the fees once the authorities make the decision to proceed with the issuance of the IMM 1208 or the IMM 1442.

At examination, when the officers determine that the person seeking admission requires a study permit, the officer will need to ensure that the officer collects the fee from the client prior to issuing the IMM 1208 or the IMM 1442. This will apply in all cases except those where the client is fee-exempt.

Temporary Inability or Refusal to Pay:

Situations could arise where clients are unable to pay the fee immediately. In this scenario, the examining offices will need to:

• Counsel the individual to withdraw the application and leave Canada or declare the applicant inadmissible and produce a report pursuant to A44 (1) [if practicable and applicable] or,
• Defer the application in accordance to the provisions specified in R43 i.e. that the clients report at a later date for the continuation of the examination
  • In case the officers plan to continue the examination at another immigration office, the Port of Entry (POE) will notify that office as soon as possible of the details
  • Officers will usually be able to conclude the examination once the client pays the fee
  • Officers will need to place a note to this effect in the applicant’s file

In some cases, the client might refuse to pay the required fee. In this scenario, the officers will need to refer the client to a Senior Immigration Examining Officer (SIEO). Thereafter, normal enforcement action will apply.

The authorities charge applicants for permanent residence and their family members for their initial Application for Permanent Residence (APR) as well as the Study Permit processing fee. Thus, the officers will need to code the IMM 1208 or the IMM 1442 to indicate fee payment.

Situations could arise where, in the case of certain sponsored students, it is more practical for an organisation to pay the required fee. In this scenario, the authorities require that the parties involved make the payment of the fee in accordance with the established agreement between the Canada Immigration Centre (CIC) / Department of Foreign Affairs, Trade and Development (DFATD) and the third party involved.

The processing and collection of fees for applications received prior to February 06, 2014, is $75 per individual. Similarly, the processing and collection of fees for applications received on or after February 06, 2014, is $100 per individual. Officers will need to refer to the Coding Handbook for the fee exemptions applicable.

A completed Application for an Extension of Authorisation to Remain in Canada as a Temporary Resident along with the appropriate fee will usually initiate processing. Applicants will need to submit the fee along with the application. This applies in all cases except those where the client is fee-exempt. In case the client is fee-exempt, officers will need to note the appropriate fee exemption code on the application and enter it into the processing system.

Situations could arise where the authorities refuse a student’s request for exemption, but grant them temporary resident status and document this as such. In this scenario, officers will need to apply the fee for the initial request to the temporary resident status application and refund the difference. It is worth mentioning that student status is a form of temporary resident status.

In cases involving Temporary Resident Permits (TRPs), officers will need to refer to the section on Temporary Resident Permits (TRPs). It is worth mentioning that under the Immigration and Refugee Protection Act (IRPA), there is no provision for the extension of Temporary Resident Permits (TRPs). Thus, as the expiry date for a permit approaches, the authorities expect the client to apply for a new permit to maintain their status in addition to paying the associated fee, in case the client wishes to extend their stay in Canada. It is worth mentioning that the authorities have changed the term ‘extension’ to ‘subsequent’ to avoid confusion.

Situations could arise where officers make a decision to issue a Temporary Resident Permit (TRP) to a visitor who is out of status. In this scenario, the officer will need to indicate whether the applicant has paid the fee or whether the officer applied an exemption. For indicating this, the officer will need to code the appropriate box on the Temporary Resident Permit (TRP) form.

The processing and the collection of the fee will be $200 per individual. Prior to collecting the fee, officers will need to ensure that they have established the inadmissibility issues. It is worth mentioning that officers do not need to collect the fee to cover the cost of issuing a Temporary Resident Permit (TRP) before the officers consider issuing a permit. The officers might need to wait for the authorities to make a decision to recommend a permit before they collect the fees. This fee is non-refundable. In case the officer issues more than one permit in a case, the officers will need to collect a separate fee for each permit. The officer will also need to collect a fee when issuing a permit at the request of the Minister.

The Fee Exemptions

Officers will need to collect a fee each time they receive a request for the processing of the Temporary Resident Permit (TRP). This applies in all cases unless the officers have identified an exemption. The officer will need to issue a receipt and a note in the appropriate box of the Temporary Resident Permit (TRP) i.e. IMM 1263B indicating that the applicant has paid the fee. In addition, they will need to indicate the receipt number or note that they have permitted an exemption.

It is worth mentioning that under the Immigration and Refugee Protection Act (IRPA), there is no provision for the extension of Temporary Resident Permits (TRPs). Thus, as the expiry date for a permit approaches, the authorities expect the client to apply for a new permit to maintain their status in addition to paying the associated fee, in case the client wishes to extend their stay in Canada. It is worth mentioning that the authorities have changed the term ‘extension’ to ‘subsequent’ to avoid confusion.

The Visa Offices Abroad

Situations could arise where an applicant for any type of visa has to overcome an inadmissibility. In this scenario, the cost recovery clerk will need to collect the necessary fee and refer the application to the officer for processing. In some cases, a file might already exist. In such cases, officers will need to attach the receipt to the paper file and record the fee details in the Computer Assisted Immigration Processing System (CAIPS). In some cases, the officers might find that the applicant has no existing file at the visa office. In this scenario, officers will need to create a new file and forward it to the officers.

In Canada

Applications for a Temporary Resident Permit (TRP) in Canada will usually result from an individual being the subject of an A44 (1) report. An individual will usually be the subject of an A44 (1) report because of a reported violation of the Immigration and Refugee Protection Act (IRPA). In this scenario, officers will need to counsel the applicant and explain the ramifications of the inadmissibility. In addition, the officers will need to specify the options available to the applicant. Officers will need to review each case on its own merit. Upon determining that the client would be able to meet the criteria for a successful Temporary Resident Permit (TRP), officers will need to proceed to collect the fee.

The Canadian Port of Entry (POE)

Situations could arise where officers identify individuals seeking entry into Canada as inadmissible. In this scenario, the officers will need to prepare A44 (1) reports. Immigration Examining Officers (IEOs) will need to review these reports. Officers will need to ensure that they provide ample counselling to the client respecting the inadmissibility and the options available to the client. In some cases, the Immigration Examining Officer (IEO) might determine that the client meets the criteria prescribed for the issuance of a Temporary Resident Permit (TRP). In this scenario, the Immigration Examining Officer (IEO) will need to direct the client to pay the applicable fee.

Temporary Resident Permit (TRP) Cases with Work Permits

Officers will typically refer people in violation of the Immigration and Refugee Protection Act (IRPA) to other officers for interviews, before charging them the relevant processing fees. The officer will need to recommend to the manager (or National Headquarters (NHQ) – depending upon the type of violation) on whether the officer should authorise a Temporary Resident Permit (TRP) in addition to the work permit.

In some cases, the decision of the manager (or National Headquarters (NHQ)) might be positive. In this scenario, the processing fee for the Temporary Resident Permit (TRP) does not apply. This is in accordance with the provisions specified in R298 (2). As such, officers will only need to collect the work permit fees. They will also need to give the client the receipt, prior to the issuance of the Temporary Resident Permit (TRP) and the work permit. Lastly, officers will need to code the IMM 1263B application for indicating the fee exemption.

Temporary Resident Permit (TRP) Cases with Study Permits

Officers will typically refer people in violation of the Immigration and Refugee Protection Act (IRPA) to other officers for interviews, before charging them the relevant processing fees. The officer will need to recommend to the manager (or National Headquarters (NHQ) – depending upon the type of violation) on whether the officer should authorise a Temporary Resident Permit (TRP) in addition to the study permit.

In some cases, the decision of the manager (or National Headquarters (NHQ)) might be positive. In this scenario, the processing fee for the Temporary Resident Permit (TRP) does not apply. This is in accordance with the provisions specified in R298 (2). As such, officers will only need to collect the study permit fees. They will also need to give the client the receipt, prior to the issuance of the Temporary Resident Permit (TRP) and the study permit. Lastly, officers will need to code the IMM 1263B application for indicating the fee exemption.

Temporary Inability or Refusal to Pay

Situations could arise where an applicant notifies the officers that the applicant is unable or unwilling to pay the fee immediately. In this scenario, the officers will need to counsel the applicant to withdraw the request for the consideration of a Temporary Resident Permit (TRP) and to return when the applicant has the ability and the willingness to pay the fee. It is worth highlighting that there is no authority to accept a request for the consideration of a Temporary Resident Permit (TRP) unless the applicant has paid the fee.

In Canada, officers will need to advise the client that they will continue to take enforcement action, if the client is unable or unwilling to pay the processing fee. Similarly, at the Port of Entry (POE), officers will advise the client to withdraw their request and to return when the clients are able to pay the required fee.

The Fee Exemptions

The authorities implemented the 2005 Temporary Resident Permit (TRP) issuance process overseas. They introduced the Temporary Resident Permit (TRP) counterfoil at the same time as well. This led officers to identify three situations which could have cost recovery implications. These situations take place:

• When a visa-exempt person or a person holding a valid passport or travel document with a visa counterfoil coded PA-1 applies for entry into Canada and produces a letter of introduction at the immigration secondary examination
  • In most cases, the officers will issue a Temporary Resident Permit (TRP) following a favourable examination
  • Thereafter, officers will waive the fee requirement as the applicant has already paid it abroad

• When an applicant applies for a travel document to permit return to Canada from abroad, the officers will need to issue without charge a travel document coded PC-1 (cost recovery code FPN) to the Temporary Resident Permit (TRP) holder whom the authorities have authorised to leave and re-enter Canada, but does not have a Canadian facilitation travel document to allow return to Canada

  • Prior to issuing the travel document, officers will need to verify the permit holder’s identity
• Where officers come across a Temporary Resident Permit (TRP) holder overseas with a lost or stolen permit
  • In this scenario, officers will not take any fee for the issuance of a Temporary Resident Permit (TRP) counterfoil overseas
  • Officers will need to code the Temporary Resident Permit (TRP) counterfoil PA-1 (cost recovery code FPN) – regardless of whether the officers initially issued the permit abroad, in Canada or at the Port of Entry (POE)
  • However, replacement of the temporary resident document at the Port of Entry (POE) or Immigration, Refugees and Citizenship Canada (IRCC) office will incur the usual document replacement fee
  • This is in accordance with the provisions specified in R311 (2)

The Fee Exemptions for Foreign Nationals Who Are Inadmissible on Criminality Grounds

The authorities recently approved a public policy pertaining to the entry of foreign nationals who are inadmissible on the grounds of criminality i.e. A36 (2). It is worth mentioning that the policy permits the grant of a one-tome fee exemption for a Temporary Resident Permit (TRP) for certain offences such as driving while impaired (also known as driving under the influence (DUI).

The Background

In some cases, an officer might be of the opinion that the circumstances of a case justify the granting of temporary resident status to an inadmissible foreign national. In such cases, the officer can issue a Temporary Resident Permit (TRP) to enable the foreign national to enter and / or remain in Canada under the provisions specified in subsection A24 (1). This is because the provisions specified in section A25.2 authorise the Minister or delegated officers to grant exemptions from the payment of applicable fees where the Minister is of the opinion that public policy considerations warrant it.

On January 13, 2012, the Minister of Citizenship, Immigration and Multiculturalism issued the public policy considerations, which in the Minister’s opinion, warrant the granting of a one-time exemption from the Temporary Resident Permit (TRP) processing fee for foreign nationals who meet the conditions of this public policy. It is worth mentioning that the provisions specified in section 298 of the Immigration and Refugee Protection Regulations (IRPR) necessitate the collection of this fee.

Officers will need to consider these instructions as an interim measure for facilitating the entry of these foreign nationals until the authorities establish more permanent measures. The authorities will offer additional instructions once a permanent measure comes into force or once the Minister revokes this public policy.

The Instructions

As of March 01, 2012, the public policy exemption would apply to foreign nationals to whom the officers issue Temporary Resident Permits (TRPs) at a Port of Entry (POE) or a visa office abroad, who are:

• Inadmissible solely on the grounds of criminality based on the provisions specified in subsection A36 (2) AND,
  • Were convicted of an offence and received no term of imprisonment as part of the sentence imposed and,
  • Have had no other convictions or have not committed any other acts that would render them inadmissible

A delegated authority could consider issuing a Temporary Resident Permit (TRP) for facilitating these circumstances and overcoming the inadmissibility. If the delegated authorities choose to issue the Temporary Resident Permit (TRP), the delegated authority would be able to exempt the fees associated with the issuance of this document. In addition, the delegated authority will need to counsel the foreign national that the fee exemption will not apply the next time that the foreign national seeks to enter Canada. Thus, the foreign national would need to look into potential mechanisms for overcoming their inadmissibility prior to coming to Canada subsequently.

It is worth mentioning that this public policy fee exemption does not apply to people convicted of a child pornography offence or a sexual offence. The authorities have delegated this authority for the immigration functions for Port of Entry (POE) examinations only to:

• Immigration, Refugees and Citizenship Canada’s (IRCC’s) immigration authorities abroad
• The border service officers of the Canada Border Services Agency (CBSA)
• Inland enforcement officers and,
• Regional program officers

When officers issue a Temporary Resident Permit (TRP) in such cases, they will need to use the cost recovery code M31 on the Temporary Resident Permit (TRP) screen in the Field Operations Support System (FOSS). This code will automatically generate the following information on the Temporary Resident Permit (TRP): ONE-TIME FEE EXEMPTION / CIC.GC.CA.

It is worth highlighting that this public policy does not apply to foreign nationals who are already in Canada.

The processing and collection of fees for Temporary Resident Visas (TRVs) prior to February 06, 2014 was:

• For an individual – single entry: $75 (in accordance with the provisions specified in R296 (1))
• For an individual – multiple entry: $150 (in accordance with the provisions specified in R297 (1))
• For a family – single or multiple entry: $400 (in accordance with the provisions specified in R296 (3); previously also a part of the provisions specified in R297 (2))

The processing and collection of fees for Temporary Resident Visas (TRVs) on or after to February 06, 2014 was:

• For an individual – single or multiple entry: $100 (in accordance with the provisions specified in R296 (1))
• For a family – single or multiple entry: $500 (in accordance with the provisions specified in R296 (3))

Officers would need to refer to the Coding Handbook for the applicable fee exemptions.

Officers will need to ask applicants for Temporary Resident Visas (TRVs) to complete the Application for a Temporary Resident Visa form i.e. IMM 5257B. The application kits will typically include information for the traveller pertaining to the single and multiple entry visa fees and the family rate. The requestor will need to identify the visa that they will be requesting. In some cases, applicants might be unable to pay the fee immediately. In this scenario, officers will need to advise them that the authorities will not accept applications without the appropriate fee.

For the purpose of determining the maximum fee, the authorities have defined the terms ‘family member’ and ‘dependent child’ in subsections 1 (3) and section 2 of the Immigration and Refugee Protection Regulations (IRPR) respectively.

The Electronic Travel Authorisation (eTA) processing fee is $7. This is in accordance with the provisions specified in R294.1 (1). Applicants will need to pay the fee at the time they complete the application so that they can submit the application. Once the officers issue the Electronic Travel Authorisation (eTA), the applicant will only need to pay this fee again when the applicant needs to reapply for another Electronic Travel Authorisation (eTA). In most cases, applicants will not need to reapply for another Electronic Travel Authorisation (eTA) before five years.

Issuing a Single or a Multiple Entry Visa

Immigration, Refugees and Citizenship Canada (IRCC) continues to promote the issuance of long-term multiple entry visas to facilitate entry to Canada for legitimate travellers. All applicants who are eligible will benefit. The authorities will issue them multiple entry visas. This also applies to those applicants who might select a single-entry visa on their application form.

As of February 06, 2014, the authorities will consider the issuance of a multiple-entry visa to be the standard. Thus, if an officer issues a single-entry visa, the officer will need to enter the reasons clearly in the case notes.

It is worth mentioning that not all applicants will be eligible for a multiple-entry visa. This is because the issuance of a multiple-entry visa remains at the discretion of the visa officer. Thus, officers could issue a single-entry visa in cases where, for instance:

• An applicant is eligible for a fee exemption and where the purpose of entry to Canada is limited e.g. for an official visit by a foreign national
• An applicant is participating in a one-time special event in Canada e.g. Pan-American Games or,
• Country-specific procedures or guidelines are in place, which have the approval of Immigration, Refugees and Citizenship Canada (IRCC) National Headquarters (NHQ)

Study and Work Permits

Officers will not need to collect fees for Temporary Resident Visas (TRVs) in cases where the applicants (other than the members of a group of performing artists) is also applying for either a study permit or a work permit at the same time and place. Thus, the fee collected will be for the processing of the study or work permit only.

A foreign national who needs an Electronic Travel Authorisation (eTA) and has received the approval for an initial work or study permit will receive the Electronic Travel Authorisation (eTA) at the same time as their work or study permit. In addition, they will not need to pay the $7 processing fee applicable. This is in accordance with the provisions specified in R294.1 (2). Conversely, the authorities will not automatically renew a foreign national’s Electronic Travel Authorisation (eTA) upon the issuance of a work and study permit extension. In such cases, some foreign nationals might wish to receive a new Electronic Travel Authorisation (eTA). This is especially so if their previous Electronic Travel Authorisation (eTA) has expired or if they have changed passports. In this scenario, these individuals will need to apply for an Electronic Travel Authorisation (eTA) and pay the $7 processing fee, separate from their extension application.

Performing Artists

Situations could arise where the applicant is in a group of performing artists. In this scenario, the applicant will need to pay the Temporary Resident Visa (TRV) fee in addition to the work permit group fee. Officers would need to go through the procedures given in the section titled ‘Work Permits’.

In case the applicant is fee exempt, the person processing the application will need to write or stamp on the IMM 5257B application ‘FEE EXEMPT’. In addition, this individual will need to specify the reason for the exemption and enter this coding in the Computer Assisted Immigration Processing System (CAIPS).

Diplomatic Exemptions

Officers will need to go through the provisions specified in OP 11, Temporary Residents for guidance on the issuance of diplomatic or official Temporary Resident Visas (TRVs).

The provisions specified in paragraph R296 (2) (a) provide a Temporary Resident Visa (TRV) fee exemption for diplomats and similar official representatives. It is worth highlighting that the Immigration and Refugee Protection Regulations (IRPR) does not define what a diplomat, consular officer, representative or official of a country is. Nevertheless, there are several factors that could act a guide when assessing such cases.

Diplomats and similar officials accredited to Canada by Global Affairs Canada (GAC) do not typically require visas or other travel documents. As such, fees are not an issue for these people. However, diplomats from visa-required countries accredited to countries other than Canada will still need a visa for entering Canada. This is despite the fact that they will be fee exempt. This remains true regardless of the country to which these people are accredited or the reason for their travel.

It is worth mentioning that neither the passport held nor the purpose of travel is a reliable guide for the status of an individual seeking an exemption.

Many countries permit diplomats who are not accredited to retain their diplomatic documents. In some cases, they might even issue diplomatic passports to non-governmental individuals for facilitating their movement.

The authorities expect officers abroad to remain guided by normal Canadian practice in accordance with exemptions to cost recovery regulations. Typically, the receiving country accords diplomatic status or privilege. Thus, the receiving country will also determine the courtesies it will extend, regardless of the passport held.

In many cases, the normal practice would be to consult the list of individuals and officials who, in the Canadian context, would have the entitlement to a diplomatic or special passport. This would make it easier to accord the appropriate status to analogous individuals or officials, regardless of the passport held.

Conversely, situations could arise where a person would, in the Canadian context, be eligible for a diplomatic or official passport. In this scenario, officers would need to give due consideration to exempting the person from the cost recovery charges. This is in accordance with the provisions specified in R296 (2) (a).

Courtesy Visas

The authorities will make no distinction between courtesy visas and other visas, as far as the fees are concerned. In some cases, the applicant applying for the visa might not enjoy a fee exemption. In this scenario, the officers will need to charge the fees at the appropriate rate. This applies to all applicants barring the persons listed in subsection R296 (2).

Facilitation Visas

It is worth highlighting that Global Affairs Canada (GAC) bears the responsibility of Canadian citizens abroad and not Immigration, Refugees and Citizenship Canada (IRCC). Thus, officers will need to refer Canadian citizens who wish to travel to Canada to the consular section if they do not have Canadian passports. In some exceptional circumstances, Immigration, Refugees and Citizenship Canada (IRCC) can facilitate the travel of a dual national by placing a facilitation visa counterfoil into the person’s passport issued by the other country where the individual holds citizenship. Officers will need to ensure that facilitation visas are only single entry. In addition, the officers will need to charge the fees at the appropriate rate. This applies to all applicants barring the persons listed in subsection R296 (2).

The processing and collection of fees on or after February 21, 2015 comprises:

• For individuals: $155
• For a group of performing artists and their staff (three or more people): $465
• Employer compliance fee: $230
• Employer compliance maximum fee: $690
• Open work permit holder fee: $100

A completed Application for a Work Permit i.e. IMM 1102B or an Application for a Temporary Resident Visa (TRV) i.e. IMM 5257B along with the appropriate fee will serve to initiate the processing of the application. The applicant will need to submit the fee with the application. This applies in all cases except those where the client is fee exempt. In case the client is fee exempt, officers will need to enter the appropriate fee exemption code on the application and enter it into the processing system as well.

The Maximum Fee

A group of three or more performing artists and their staff who apply at the same time and place for a work permit pay a maximum fee of $465. Similarly, an employer who has made offers of employment to a group of three or more foreign nationals, comprising performing artists and their staff, will need to pay a maximum of $690, if the employer makes those offers at the same time.

For fee exemptions, officers will need to refer to the Coding Handbook.

The Work Permits for Applicants for Permanent Residence

Situations could arise where applicants for permanent residence in Canada (or those people who have received early admission by a visa office abroad), might also wish to obtain work permits. The authorities will charge these individuals the required fee for each transaction.

For Payment by Employers: Under the provisions specified in the Immigration and Refugee Protection Regulations (IRPR), the legal obligation for the payment of immigration processing fees lies with the employee, who is the recipient of the services of the Canada Immigration Centre (CIC). However, employers often agree to pay the immigration processing fees for their foreign employees via private arrangement. In such cases, the employers will need to submit the payment on behalf of their employees either through Handling Public Monies (HPM) in Canada or at visa offices abroad, for applicants abroad.

For Restoration in Canada: People who lose their status as workers will need to apply for restoration of their temporary resident status. For this they will need to submit the Application to Change Conditions, Extend my Stay or Remain in Canada i.e. IMM 5710E to the Case Processing Centre Vegreville (CPC-V).

At Ports of Entry (POEs) for Workers with Work Permits from Visa Offices Abroad: Visa offices abroad will typically collect the data for the work permits that they authorise. Thereafter, they download this to the Field Operations Support System (FOSS). This serves to facilitate the printing of the work permit at the Port of Entry (POE). When the applicant arrives for the examination, officers will need to check that the authorities have completed the permit properly. In case they have any questions, they will need to contact the issuing office abroad.

At Ports of Entry (POEs) for Workers with No Work Permits: When the officers determine at an examination that a person seeking entry requires a work permit, the officers will need to ensure that they collect the fee from the client prior to issuing an IMM 1102B or IMM 1442B. This applies unless the client is fee exempt. It is worth mentioning that applicants do not submit any formal written applications at the Ports of Entry (POEs). Thus, officers will need to collect the fees when they make the decision of proceeding with the issuance of the IMM 1102B or IMM 1442B. Situations could arise where the applicant requires a Temporary Resident Permit (TRP) in addition to the IMM 1102B or IMM 1442B. In this scenario, the manager will need to authorise its issuance, before the applicant pays the fee. Refer to the section on Temporary Resident Permits (TRPs) for additional details on Temporary Resident Permits (TRPs) with work permits.

Spontaneous Applications for Permanent Residence (APRs) and Work Permits at a Port of Entry (POE): Officers will need to ensure that they do not accept spontaneous applicants for permanent residence arriving at the Port of Entry (POE). Officers will need to collect all the documentation necessary for temporary entry at the Port of Entry (POE). In addition, officers will need to code the IMM 1102B or IMM 1442B to indicate that the applicant has paid the fee or that the officers have applied an exemption.

The Temporary Inability or Refusal to Pay

Situations could arise where a client is unable to pay the fee immediately. In this scenario, the officers will need to (where practicable and applicable):

• Counsel the client to withdraw the application and leave Canada or declare the client inadmissible and produce a report pursuant to A44 (1)
• Refer the client to a Senior Immigration Examining Officer (SIEO) for the execution of normal enforcement action – in case the client refuses to pay the required fee and,
• Defer the application pursuant to the provisions specified in A23, by releasing the applicant subject to Conditions that require imposing based on the provisions specified in R43 i.e. that the client report at a later date for the continuation of the examination
  • In some cases, the client might continue the examination at another immigration office
  • In this scenario, the Port of Entry (POE) will need to notify that office as soon as possible of all the details
  • Once the applicant pays the fee, officers will be able to conclude the examination

Performing Artists (Entertainers) and their Staff

It is worth mentioning that the provisions specified in 296 (2) (d) continue to specify that groups of performing artists and their staff, who will need to obtain a work permit at the same time and place as a Temporary Resident Visa (TRV), do not enjoy any fee exemption pertaining to their application for a Temporary Resident Visa (TRV).

The Regulations provide that the total amount of fees payable by a group of three or more people comprising performing artists and their staff, who apply at the same time and in the same place, for a work permit will not exceed $465. This is in accordance with the provisions specified in R299 (3). However, performing artists who also need a Temporary Resident Visa (TRV) will still need to pay the appropriate fee for each individual. This is because the maximum Temporary Resident Visa (TRV) fee provision specified in R296 (3) only applies to families.

Officers will need to code each IMM 1102B or IMM 1442B to show ‘fee paid’ or ‘fee exempt’ as applicable.

Note:

• Under the Immigration and Refugee Protection Act (IRPA) and its Regulations, most performing artists and their staff no longer need to apply for work permits
• However, there are some performing artists, who still need to do so
• The procedures outlined above pertain to clients who need to apply for work permits
• For instance, a group that will be performing in a bar, restaurant or a similar establishment will require a work permit
• There are other clients as well in this category who still need to obtain work permits
• Therefore, officers will need to ensure that they read the provisions specified in R186 in detail when making a determination
• The wording given in the Regulations permit a mixed group of performing artists and their staff who require a work permit to benefit from the maximum fee provision as long as the total number of persons is three or more
• Some documentation could present this as a ‘group of three or more performing artists and their staff’, which could give the false impression that a minimum of three performing artists will need to apply for triggering the Regulation

Extension of Haiti Special Measures for Work Permits

The authorities had placed special procedures in place until March 01, 2014.

Exemptions and Refusals

Refusals:

Situations could arise where applications for work permits result in refusals by the inland immigration office, despite the collection of the fees. In such cases, officers will need to retain the application for statistical purposes. Officers will typically keep financial statistics pertaining to these payments manually. This is because officers will not be coding these applications on any computerised document. It is worth mentioning that officers will not refund any fees paid for refused applications.

Work that is Integral to a Course of Study:

It is worth mentioning that the exemption from Human Resources and Skills Development Canada (HRSDC) confirmation and / or from the fee relating to work permits issued under the provisions specified in R205 (c) (i) or R299 (2) (e) pertains to work that forms an essential part of a course of study. For the purposes of applying for this exemption, the officer will need to ensure that the authorities have listed the work as a requirement to the syllabus and that Canadian students taking the same course also need to work in order to obtain those course credits. In short, in order for the authorities to consider the work as an integral part of the course of study, students should not be able to pass without taking the work in question into consideration.

National Research Council of Canada (NRC) and the Natural Sciences and Engineering Research Council of Canada (NSERC) Researchers – Exempt from the Work Permit Fee:

People sponsored or invited by the National Research Council of Canada (NRC) and the Natural Sciences and Engineering Research Council of Canada (NSERC) as distinguished scientists or scholars for participating in research for the National Research Council of Canada (NRC) and the Natural Sciences and Engineering Research Council of Canada (NSERC) will be exempt from the work permit fee.

The Immigration and Refugee Protection Regulations (IRPR) do not provide any definitions for the terms ‘meeting’ and ‘hosted’. Thus, the Canada Immigration Centre (CIC) has adopted a flexible approach as to what precisely constitutes a meeting.

What is a Meeting?

In the past, the authorities have extended the scope of the term ‘meeting’ to include conferences, seminars, summits, congresses, assemblies, training sessions etc. The decision to extend the fee exemption to a particular meeting typically depends on the nature of the event itself, as described by the hosting organisation. The Cost Recovery section at Headquarters will usually make this determination, based on the criteria outlined below. Special Events is responsible for conveying the decision back to the requester. It is worth mentioning that Special Events typically receives the request directly from the hosting organisation.

There are certain events, which the authorities never consider as meetings in the context of the provisions specified in R296 (2) (e) (i). These events include sports events and religious gatherings. Other mechanisms are available for establishing fee exemptions for the events on a case-by-case basis, wherever necessary.

What Does ‘Hosted’ Mean?

The authorities do not interpret the phrase ‘hosted by the Government of Canada’ with an equal degree of flexibility. As a rule, the authorities consider a Government of Canada body as one where its enabling legislation reflects its status as a federal government department. In addition, a Government of Canada body will also be one where the authorities consider its employees as being federal public servants. Moreover, the Canada Immigration Centre (CIC) typically includes organisations such as agencies, like the Royal Canadian Mounted Police (RCMP), which report to Parliament by way of a Minister.

At present, meetings hosted by an organisation entirely outside of the Government of Canada will not be able to benefit from the R296 (2) (e) (i) fee exemption. However, there are other circumstances where a third party hosts a meeting and the federal government is highly involved, to the extent that the authorities could perceive the Government of Canada as co-hosting the meeting. In these circumstances, the event might warrant an application of a fee exemption under the provisions specified in R296 (2) (e) (i). A primary example of this kind of situation could be the 2006 AIDS Conference, organised by the International AIDS Society. Although a third party organised the meeting, the event saw widespread participation from several federal government departments, including Health Canada and the Department of Foreign Affairs and International Trade Canada (DFAIT).

Co-Hosting Situations

The authorities differentiate co-hosting from simple support or participation in an event. In addition, funding for an event, regardless of whether it is for individual participants, the organisation or the event itself, is not a sole measure of determining whether the federal government is co-hosting the event. Similarly, the registration of federal officials as participants in the event is also not sufficient.

Officers could consider the following criteria for determining whether they could extend a Temporary Resident Visa (TRV) fee exemption in a co-hosting situation.

• Federal government participation will need to be integral to the organisation, function and / or reporting of the meeting
• The federal government department will also need to be involved in activities such as co-chairing, contributing substantially to the organisation of the meeting, providing administrative support or training, or producing the final report or protocol and,
• The federal government’s role as co-host will need to be apparent in the relevant documentation for the event, as well as any public or promotional materials

Special Events

The Special Events Division is responsible for facilitating international events taking place in Canada, by providing information to the event organisers on the temporary resident process and providing event information to mission and Port of Entry (POE) officers via Connexion. This division, which is housed in the Operations Management Branch (OMB), typically receives external requests for information on fee exemptions. In addition, it coordinates the information with Finance (Cost Recovery) and the International Region (IR).