Temporary resident permit holders [R208(b) – H82] – Humanitarian reasons – International Mobility Program
These instructions apply to IRCC employees. Given that applicants cannot submit their applications at a port of entry, the instructions do not apply to border services officers.
The instructions on this page should be reviewed in conjunction with:
Paragraph 208(b) of the Immigration and Refugee Protection Regulations (IRPR) applies to foreign nationals who have been issued a temporary resident permit (TRP) under subsection 24(1) of the Immigration and Refugee Protection Act (IRPA) to overcome an inadmissibility or requirement of the IRPA and who cannot support themselves without working.
On this page
Eligibility
To be eligible under paragraph R208(b), administrative code H82, a foreign national must
- have been issued a TRP with a validity of 6 months or more; and
- have no other means of financial support (insufficient family support or other means of meeting their needs).
The issued TRP has to be valid for 6 months or longer; there cannot be subsequent TRPs adding up to over 6 months.
If a TRP application is submitted with a work permit application, both applications (IMM 5708 and IMM 5710) need to be submitted on paper together. If the foreign national is already a TRP holder, they may submit their work permit application online.
Documentary evidence
With the application for a work permit, officers should be satisfied that they have the following documentary evidence to make an assessment:
- evidence that the foreign national has been issued a TRP that is valid for 6 months or more; and
- evidence that the foreign national cannot support themselves without working.
Application assessment
When officers are reviewing the work permit application for temporary resident permit holders, the following factors should be reviewed:
Evidence that the foreign national cannot support themselves without working
The onus is on the foreign national to satisfy an officer that they are unable to support themselves without working.
Important: It is not the intent that the foreign national apply for social assistance before being issued a work permit.
Officers may accept any evidence that satisfies them that the foreign national meets this requirement. Evidence to assess the inability of the foreign national to support themselves may be, but is not limited to, the following:
- a letter or cheque stub from the provincial or territorial social services department
- bank statements
- letters from assistance groups
- documents related to the inability to obtain family support or other means of support (for example, death certificate, bank statements from family members, signed affidavit)
- a review of the client’s immigration history and application forms, or other related documentation
Officers may consider that this particular eligibility criterion has been met if there is any likelihood that the foreign national might require public assistance.
Final decision
Approval
The work permit will be issued under the authority of paragraph R208(b).
Officers should consider issuing the work permit for the same duration as the TRP. The work permit is meant for temporary support only; therefore, the duration of the work permit should not exceed the validity of the TRP.
GCMS coding
In the Global Case Management System (GCMS), under the Application screen, officers should enter the following information in the specified fields:
| Field | Selection or input |
|---|---|
| Case type | 28 |
| Province of destination | Unknown |
| City of destination | Unknown |
| Exemption code | H82 |
| NOC | 99999 |
| Intended occupation | Open or Open Restricted (see Conditions for further instructions) |
| Employer | Open |
| Duration | Equal to the validity of the temporary resident permit |
| Conditions | If there is no IME or the IME has expired, the work permit must include conditions restricting work in designated occupations.
See instructions: Medical conditions to be imposed for occupation-restricted work permits |
| User remark (mandatory) | TRP Holder |
| Fees | Work permit processing fee: required.
Open work permit holder fee: Not required as paragraph R208(b) is not included in section R303.2, which specifies who pays the fee. Exemption code: P03. Officers should be aware that both fees are automatically triggered in the online application tool. To reduce refunds, applicants are instructed to pay the work permit processing fee outside the online tool and upload their receipt under Proof of Fee Exemption. For more information on applicant instructions, consult How to pay your fee. Mandatory refunds: For applicants who have paid the open work permit holder fee, officers must initiate a refund of fees as per normal office procedures. |
Refusal
If an officer is not satisfied that all the requirements of section R200, including the assessment under paragraph R208(b) are met, they must record their reasons and outline the rationale underlying the decision, as well as the facts and elements considered. They must also provide an explanation for the decision in a case note.
Refusal reasons should clearly indicate which criteria or what requirement of section R200 or paragraph R208(b) was not met and explain how the conclusion was reached. For assistance, officers can follow the steps in Decision making: Standard of review and process for making a reasonable decision.
Family members
Paragraph R208(b) does not include family members who are not themselves described in paragraph R208(b). Family members of temporary resident permit holders are not eligible for an open work permit under this section.
