IRCC has updated instructions for Temporary Resident Permits (TRPs) for victims of family violence.
To help ensure the timely identification and processing of these urgent cases, applicants or their representatives are now asked to mail their family violence TRP application to the closest local IRCC office, rather than to the Case Processing Centre in Edmonton.
Additional updates include:
- Clarified guidelines for officers assessing a foreign national’s eligibility for the TRP, in cases where an application for permanent residence has not yet been submitted.
- Specification that prioritized processing should also be given to any TRP application for which the client or their representative has not used the “FV” code, but which clearly involves a situation of family violence.
The intention is for victims of family violence who are seeking a TRP to be assessed as expeditiously as possible, using the criteria outlined below. These TRPs are to be issued in accordance with existing instructions for the issuance of TRPs under subsection 24(1) of the Immigration and Refugee Protection Act (IRPA), as well as the corresponding Ministerial Instructions (MI) established in subsection 24(3) of the IRPA.
A foreign national who, in the opinion of an officer, is inadmissible or does not meet the requirements of this Act becomes a temporary resident if an officer is of the opinion that it is justified in the circumstances and issues a temporary resident permit, which may be cancelled at any time.
In applying subsection (1), the officer shall act in accordance with any instructions that the Minister may make.
Eligibility for a family violence TRP
Family violence is generally defined as any form of abuse or neglect inflicted by a family member. In this context, TRPs are intended for cases of family violence from a spouse or common-law partner. In assessing eligibility for a TRP, the officer considers if the foreign national is
- 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.
Dependent foreign national children of victims of family violence (both must be in Canada) are also eligible for a family violence TRP.
What constitutes family violence
Family violence is not just physical violence. A person may experience one or more forms of violence, including
- physical abuse, including forcible confinement
- sexual abuse, including sexual contact without consent
- psychological abuse, including threats and intimidation
- financial abuse, including fraud and extortion
- neglect, consisting of the failure to provide the necessaries of life, such as
- medical care
- any other omission that results in a risk of serious harm
The foreign national’s dependent child or children may also be experiencing or witnessing abuse or neglect.