Family Violence and No Status in Canada: Temporary Resident Permit or H&C? (2026)
The short answer: IRCC offers two different things for some people facing family violence without status. A family violence temporary resident permit (TRP) is temporary status, with a first permit of at least 12 months, meant to give you time to decide what to do next. An H&C request is a request for permanent residence. IRCC does not describe the TRP as leading to permanent residence, and it describes H&C as an exceptional measure. Which one fits depends on your facts, so get individual advice.
If you are in immediate danger, call 9-1-1 or your local police. Your safety comes first. IRCC says the family violence TRP is meant to give people time to get away from abuse and decide on next steps. IRCC's page Immigration options for victims of family violence lists safety resources and support services. You can ask for help before you decide anything about your immigration file.
What is the family violence TRP?
According to IRCC, the family violence TRP is for people who meet all of these requirements:
you are out of status and living in Canada;
you are experiencing abuse or neglect by your spouse or common-law partner while in Canada; and
you are seeking permanent residence that depends on staying in a genuine relationship with that person.
IRCC says your children can also get the permit if they are in Canada without temporary resident status. The page says you do not have to testify against your abuser to get temporary resident status.
IRCC's program instructions say the permit is not for refugee claimants or protected persons who have not applied for permanent residence, or for people who already hold status through another program.
What does the TRP give you?
IRCC's pages say the permit gives you:
Temporary resident status. The first permit is for a minimum of 12 months. Depending on your situation, you may apply for another at the end of that period.
No fees for the permit. IRCC says you do not pay fees for your first family violence TRP. IRCC also lists fee exemptions for TRP renewals, work permits, study permits and biometrics. Check IRCC's page for current details.
Work and study. You can apply for a fee-exempt work permit or study permit. IRCC's instructions say a TRP valid for at least 180 days makes you eligible to apply, and that you are not exempt from the permit requirement.
Health care. IRCC says you may be eligible for health care and trauma counselling through the Interim Federal Health Program (IFHP) while the permit is valid. The program instructions say people who already have provincial or territorial coverage should not receive IFHP.
IRCC says the TRP can give you time to decide whether you want to leave Canada or consider other immigration options. It is temporary status. IRCC's pages do not say it leads to permanent residence.
How do you apply for the TRP?
IRCC says to mail the application to its Vulnerable Persons Unit in Toronto, not to the usual processing centre, with "FV" written on the envelope. The IRCC page lists the forms and the supporting documents it asks for, including a safe address and contact details for you.
IRCC says Vulnerable Persons Unit officers decide the application. IRCC's page lists the supporting documents it accepts. If someone monitors your device, see IRCC's safety advice on its page. Talk to a regulated representative, a legal aid office or a victim services organization about your own file.
What is H&C, by comparison?
H&C is a request for permanent residence under section 25(1) of the Immigration and Refugee Protection Act. IRCC says applying for H&C consideration is an exceptional measure and is not simply another means of applying for permanent residence in Canada. You must show sufficient and compelling reasons for an exemption. See the complete H&C guide and how long H&C takes.
The family violence side of H&C is covered in family violence as an H&C factor. This post does not repeat it. For the wider picture, see the H&C hub.
How do the two fit together?
Only IRCC's pages can answer this, and they say limited things:
IRCC lists an expedited H&C permanent residence process for family violence. IRCC says you must be experiencing family violence in Canada from a spouse or common-law partner and depend on that person to keep your immigration status.
IRCC's page lists example situations that may meet the criteria, and says that if one applies to you, you may be able to apply for permanent residence on H&C grounds. It also gives separate steps for people who have not applied and people who already have a permanent residence application in process.
IRCC's program instructions list H&C permanent residence among other measures an officer may consider, alongside restoring status, a general TRP and others.
IRCC does not say that holding a TRP is required before an H&C request, or that a TRP improves an H&C outcome. If you wonder how one affects the other for you, ask a representative before you file.
Who does this affect?
People without status whose permanent residence depended on an abusive spouse or common-law partner
People whose sponsor withdrew support or never filed an application
Children in Canada without status, who IRCC says can get the permit alongside an eligible parent
People who are unsure what their options are because of their immigration situation
What should you do?
If you are in danger, contact 9-1-1 or local police first.
Read IRCC's family violence page, including its safety and support sections.
Write down your status, dates and whether any application is in process.
Use a safe device and a safe contact method.
Get advice on TRP, H&C and other options before you file. See H&C versus other PR pathways.
Need to talk through your options? E-Pathway Immigration, led by Domonic Cheung, RCIC (R711344) in Vancouver, can review your situation and the routes IRCC describes. Book a case review.
Frequently asked questions
Can I get a TRP if I have no status and my partner is abusive?
According to IRCC, you must meet all three requirements. You are out of status in Canada, you are experiencing abuse or neglect from a spouse or common-law partner in Canada, and you are seeking permanent residence that depends on staying in that relationship. If one is missing, this is not the permit IRCC describes. An officer decides, so check IRCC's page for your situation.
Does the family violence TRP lead to permanent residence?
IRCC's pages do not say so. They describe it as temporary status that gives you time to decide on next steps.
Is the family violence TRP free?
IRCC says there are no fees for your first family violence TRP, and it lists fee exemptions for renewals, work permits, study permits and biometrics. Check IRCC's page for current details.
Can I apply for H&C instead of a TRP?
They are different requests. IRCC describes H&C as an exceptional measure for permanent residence. Whether to ask for one, both or neither is a question for individual advice.
Is there help if I am not ready to decide?
IRCC's family violence page links to support services and safety resources. You can read it before you decide anything.
Key takeaways
If you are in danger, call 9-1-1 or your local police.
The family violence TRP is temporary status, with a first permit of at least 12 months.
IRCC's pages do not say the TRP leads to permanent residence.
H&C is a request for permanent residence and an exceptional measure.
Get individual advice before you choose a route.
The bottom line
You are not alone, and you do not have to decide everything today. IRCC has set up measures for people in this situation, and each does a different job. A regulated representative can help you understand which fits.
Questions about your situation? E-Pathway Immigration, led by Domonic Cheung, RCIC (R711344) in Vancouver, can review your situation. Book a case review.
Last reviewed: November 2026
Sources: IRCC, Immigration options for victims of family violence; IRCC, Temporary resident permit (TRP) for victims of family violence; IRCC, Program delivery update: TRP for victims of human trafficking and family violence; IRCC, Humanitarian and compassionate considerations; Immigration and Refugee Protection Act, s. 25.
This article provides general information only. It is not legal advice and does not create a client relationship. Immigration options and outcomes depend on individual circumstances. Consult a qualified representative for advice about your situation.
About the author
Domonic Cheung is a Regulated Canadian Immigration Consultant (RCIC), licence R711344, with E-Pathway Immigration in Vancouver, BC. You can verify his licence on the College of Immigration and Citizenship Consultants (CICC) public register.
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