H&C or a Temporary Resident Permit? How the Two Differ (2026)
The short answer: A temporary resident permit (TRP) and H&C do different things. Under IRPA section 24, a TRP makes an inadmissible person a temporary resident. Under section 25(1), H&C asks for an exemption so you can apply for permanent residence from within Canada. Which fits, if either, depends on your facts and needs individual advice.
What does IRCC say about each as of its latest pages?
As of July 23, 2026 (the date shown on IRCC's TRP eligibility page), IRCC describes a TRP as a permit for people who are inadmissible or who do not meet the requirements of the Immigration and Refugee Protection Act, allowing temporary entry or stay. As of October 16, 2026 (the date on IRCC's H&C page), IRCC says applying for H&C consideration is "an exceptional measure" and "not simply another means of applying for permanent resident status in Canada."
These pages change. Check IRCC's pages for the current rules before you act.
What does each one give you?
TRP: Section 24(1) of the IRPA says an officer may issue a temporary resident permit to a foreign national who is inadmissible or does not meet the Act's requirements, if the officer finds it justified. The permit "may be cancelled at any time." You are a temporary resident, not a permanent resident.
H&C: Section 25(1) says the Minister may grant permanent resident status or an exemption from criteria or obligations of the Act if justified by humanitarian and compassionate considerations. IRCC's page describes the application as a request for an exemption that lets you apply for permanent residence from within Canada.
In short, one is a temporary permit and the other is a request to apply for permanent status. They answer different questions.
Who decides, and what language do they use?
For a TRP, IRCC says permits are issued "for compelling reasons and at the discretion of an officer." Its guidance says a person's need to enter or remain in Canada temporarily "should be compelling." IRCC's eligibility page says the need "must outweigh the health or safety risks to Canadian society." According to IRCC's guidance, "In the absence of compelling need TRPs should generally not be issued even if the inadmissibility and the risk are minor."
For H&C, section 25(1) puts the decision with the Minister, who must take into account the best interests of a child directly affected. IRCC says you must show "sufficient and compelling reasons."
IRCC calls H&C "an exceptional measure" and asks for "sufficient and compelling reasons." Its TRP pages also use "compelling." Both are discretionary and neither is a guarantee.
How long does a TRP last?
IRCC's operational guidance says a TRP may have a validity of 1 day to 3 years, and that officers are told to issue one "for only the time required." IRCC says TRPs are not intended to provide continuous status for long periods of time. It also says holders must leave Canada by the expiry date, or apply for a new TRP before the current one expires.
IRCC also says some TRP holders "may become eligible to apply for permanent resident status" under the permit holder class after prescribed periods. Check IRCC's page on that class for the rules. It is not the same as asking for H&C.
What do they cost?
IRCC's TRP pages did not state a dollar amount in the text we read. They say the TRP processing fee is paid separately, must be received before the assessment starts, and "will not be refunded" if the request is refused. Check IRCC's fee list for the current figure.
IRCC's H&C page lists the fee components: processing fees for you and anyone you include, the Right of Permanent Residence Fee, biometrics and third-party fees. It gives no single total. See H&C fees for how those fit together.
Can you ask for both?
IRCC's H&C page includes "Temporary Resident Permit Holder" in a list that follows the words "are not eligible to apply for permanent residence from within Canada in any of these classes." The page does not explain how that applies to your situation, so ask a regulated professional before you file either application.
Some limits are stated. Under section 24 of the IRPA, a person with an ineligible refugee claim cannot request a TRP while an application for protection is outstanding, and a person whose refugee claim was refused, withdrawn or abandoned generally must wait 12 months in the circumstances the section describes. A similar 12-month bar appears in section 25(1.2). IRCC's TRP eligibility page also lists "not currently hold temporary resident status" as a requirement. See also H&C after a refused refugee claim and H&C and other PR pathways.
If the issue is family violence, IRCC has a separate route. See family violence TRP or H&C.
Who does this affect?
People in Canada who are inadmissible or do not meet a requirement of the Act
People whose temporary status has ended
People who already hold a TRP, since IRCC's H&C page lists TRP holders among the classes not eligible to apply from within Canada
People weighing a short-term fix against a request for permanent residence
Families trying to understand which application answers which question
What should you do?
Write down your status, its dates, and any inadmissibility or refusal history.
Read IRCC's current TRP and H&C pages, including the date each was last updated, and note that the H&C page lists TRP holders among the classes not eligible to apply from within Canada.
Ask what you are actually seeking: temporary permission to stay, or an exemption to apply for permanent residence.
Check IRCC's fee list for current amounts before paying.
Have your situation reviewed by a regulated professional before you file either application.
Not sure which application answers your question? E-Pathway Immigration, led by Domonic Cheung, RCIC (R711344) in Vancouver, can review your situation and your options. Book a case review.
Frequently asked questions
Is a TRP the same as H&C?
No. A TRP under section 24 of the IRPA makes you a temporary resident. H&C under section 25(1) is a request for permanent resident status or an exemption from requirements of the Act.
Does a TRP lead to permanent residence?
IRCC says some TRP holders may become eligible to apply for permanent residence under the permit holder class after prescribed periods. It does not say a TRP leads to permanent residence on its own.
Who decides a TRP request?
IRCC says an immigration officer decides, at the officer's discretion, and issues TRPs for compelling reasons.
Can a TRP be taken away?
Yes. Section 24(1) says a TRP may be cancelled at any time. IRCC's guidance says the applicant must be notified in writing of the intention to cancel, with reasons.
Is H&C described as exceptional?
Yes. IRCC says applying for H&C consideration is an exceptional measure and asks for "sufficient and compelling reasons." Its TRP pages also use "compelling."
How much does a TRP cost?
The IRCC pages we read did not state a dollar amount. They say the processing fee is separate and non-refundable if refused. Check IRCC's fee list for the current figure.
Can I do both a TRP and an H&C request?
IRCC's H&C page lists TRP holders among the classes not eligible to apply from within Canada. Ask a regulated professional about your facts before filing.
Does the family violence TRP work differently?
IRCC has a separate route for victims of family violence. See our post on family violence TRP or H&C.
Key takeaways
A TRP gives temporary status; H&C asks for permission to apply for permanent residence.
An officer decides a TRP at their discretion; section 25(1) puts H&C with the Minister.
IRCC calls H&C an exceptional measure; both routes are discretionary and use "compelling" language.
IRCC's H&C page lists TRP holders among the classes not eligible to apply from within Canada.
A TRP can be cancelled at any time and is issued for only the time required.
Check IRCC's current pages and fee list; fees and rules change.
The bottom line
A TRP and H&C are not interchangeable. One answers the question of whether you may stay temporarily, and the other whether you may apply for permanent residence on humanitarian grounds. Read the current IRCC pages, then have your own facts reviewed before choosing. For the wider picture, see the H&C hub.
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, How to apply or make a request (TRP); IRCC, TRP: Who can apply or make a request; IRCC, TRPs: When to consider issuing a TRP; IRCC, TRPs: Validity, conditions and cancellation; IRCC, Fees: Temporary resident permit; IRCC, Humanitarian and compassionate considerations; Immigration and Refugee Protection Act, s. 24; 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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