How to obtain temporary protection in Canada?

Canada offers several temporary protection mechanisms for people who cannot return to their country due to a risk of persecution, torture, or threat to their life. The temporary protection system is multifaceted and consists of various legal instruments designed for specific situations and categories of applicants. Understanding these mechanisms is critical for those seeking safety in Canada.

Temporary protection is not a single program, but a set of legal avenues that allow individuals to remain in Canada when returning home is unsafe or impossible. All mechanisms are designed in accordance with Canada's international human rights obligations and the principle of non-refoulement (the principle of not returning a person to a country where they face persecution or serious harm).

Main temporary protection mechanisms

1. Protection for refugees and persons in need of protection

The main mechanism is the refugee protection system under the Immigration and Refugee Board of Canada (IRB). An application can be submitted by a person who is in Canada and cannot return to their country due to:

  • a well-founded fear of persecution,
  • a threat to life or torture,
  • a risk of cruel treatment.

Main types of protection:

  • Convention refugees — individuals who fear persecution due to their race, religion, nationality, political beliefs, or membership in a particular social group.
  • Persons in need of protection — individuals who face torture, a threat to their life, or cruel and unusual treatment in their country of origin.

Procedure: First, you must contact a Canadian immigration officer. After an initial screening, the case may be referred to the IRB, where a hearing will be held and a decision will be made.

2. Temporary Resident Permit (TRP)

A TRP (Temporary Resident Permit) allows individuals who would otherwise be inadmissible to temporarily enter or remain in Canada. This permit is issued when the person's need to remain outweighs the risk to society.

Common grounds for a TRP:

  • criminal history,
  • medical problems,
  • immigration violations,
  • other inadmissibility factors.

A TRP is usually issued for a short period of time, ranging from a few days to three years. It can be revoked at any time if circumstances change or the applicant violates the conditions of the permit.

3. Pre-Removal Risk Assessment (PRRA)

PRRA is the last chance for people facing deportation to prove that they are in danger.

PRRA considers:

  • risk of persecution (in accordance with the Geneva Convention),
  • risk of torture,
  • risk to life,
  • risk of cruel and unusual treatment.

The procedure begins after notification from the border authorities. The applicant has 15–30 days to submit documents. A new application can usually only be submitted one year after a previous negative response, unless there have been rapid changes in the situation in the country of origin.

4. Humanitarian & Compassionate (H&C)

This is an exceptional route for those who are not eligible for other programs but are already deeply integrated into Canadian society or have special circumstances.

Criteria for consideration:

  • level of integration in Canada (employment, language, community ties),
  • best interests of the children,
  • difficult situation in the country of origin,
  • medical circumstances,
  • risk of family separation.

H&C applications are not usually considered if less than one year has passed since the IRB's negative response (exceptions: young children, threat to life or health).

5. Protected Temporary Residents Class (PTRC)

A special category for persons with a TRP who are recognized as being in urgent need of protection. It strengthens the bridge between temporary permission and permanent status. After 5 years of continuous residence on a TRP, you can apply for permanent permission in this class.

Special temporary protection programs

Canada-Ukraine Authorization for Emergency Travel (CUAET)

CUAET is the largest temporary program for Ukrainian citizens and their families after 2022. It allowed them to obtain:

  • temporary status for up to 3 years,
  • a free visa, the right to work and study,
  • expedited processing of online applications,
  • access to medical and social assistance.

New applications are now closed, but anyone already in Canada under the CUAET can continue their status until March 31, 2026.

Other special measures: Canada occasionally introduces similar programs for citizens of countries in crisis (suspension of removals, simplified PRRA procedures, regional refugee programs).

Travel documents

Persons with temporary protection in Canada are generally unable or not allowed to use their passport from their country of origin.

Refugee Travel Document

Issued as an alternative passport for travel to other countries (except the country of origin). Required:

  • application,
  • confirmation of status,
  • guarantor and two references,
  • payment of a fee.

Certificate of Identity

For stateless persons or those who cannot obtain a passport from their country.

Rights and restrictions during the review process

  • Right to work: most applicants are eligible for open work permits.
  • Right to education: study permits with the option of part-time or full-time employment.
  • Health insurance: Interim Federal Health Program to cover basic needs.
  • Access to social assistance: varies by province.
  • Travel restrictions: you cannot travel to your country of origin or apply for a passport from that country!

Procedural aspects and deadlines

  • Refugee claims: as soon as possible after arrival in Canada.
  • PRRA: 15–30 days from the date of notification.
  • H&C: no strict deadlines, but delays may be detrimental.
  • TRP: apply before entering if you are outside Canada.

Processing time: — Refugee status: several months to a year — PRRA: several months — H&C: 2–3 years — TRP: several months, faster in urgent cases

Appeals and challenges

  • RAD (Refugee Appeal Division): appeal against a refusal — within 15 days.
  • Judicial review: application to the Federal Court within 30 days.
  • Stay of removal: possibility of applying to the court.

Special provisions for vulnerable groups

  • Children: their rights are considered separately, with a focus on the best interests of the child.
  • Victims of human trafficking: priority consideration, special TRP.
  • Victims of domestic violence: TRP for at least one year plus work permit.

Advice for applicants

  • Consult an immigration lawyer or advisor.
  • Carefully collect and organize all evidence.
  • Stay up to date and meet all deadlines.
  • Explore the possibility of exemption from fees or free legal aid.
  • Familiarize yourself with provincial support programs (language courses, integration, etc.).

Conclusion: Temporary protection in Canada is a network of complex legal mechanisms and programs. Success depends on choosing the right path, thorough preparation, and timely submission of all applications. For those in danger, it is crucial not to delay and to seek professional help immediately!