Foreign nationals (FN) who are out of status and are experiencing family violence can now apply for a fee-exempt temporary resident permit (TRP) that will enable them to live legally in Canada.
This measure also covers access to an initial fee-exempt work permit and Interim Federal Health Program (IFHP) coverage for these individuals if the conditions deem necessary. Also, these cases will be assessed quickly and the officers will consider the following criterion for TRP eligibility:
physically located in Canada and experiencing abuse, including physical, sexual, psychological or financial abuse or neglect, from their spouse or common-law partner while in Canada
seeking permanent residence that is contingent on remaining in a genuine relationship in which there is abuse and if the relationship with the abusive spouse or common-law partner is critical for the continuation of the individual’s status in Canada
Examples of individuals who may be eligible include foreign nationals who:
are applicants of the family class or spouse or common-law partner in Canada class (SCLPC class) who have either already left their sponsor, due to abuse, or not yet left their sponsor, due to fear of losing their immigration status
cannot be assessed for permanent residence because their sponsor (abusive spouse or common law partner) has withdrawn their family class or SCLPC class sponsorship application
have been misled and made to believe by an abusive spouse or common-law partner that their family class or SCLPC class permanent residence application has been submitted and is in process when, in fact, no application has been submitted
are temporary residents intending to apply for permanent residence through a genuine relationship that has become abusive, but who may not yet have an application in process
Cases outside the Family Class will be given due consideration; however, IRCC stated that the bulk of the cases are expected to come from within the Family Class.
