Skip to main content

Immigration and Refugee Protection Act

s. 22 Temporary resident

  • PART 1: Immigration to Canada
  • DIVISION 3: Entering and Remaining in Canada
  • Admissibility
  • Permanent Residents

Last verified: June 2026 · Source: justice.gc.ca

The law says

IRPA s. 22
Verify on justice.gc.ca(opens in a new tab)

(1)A foreign national becomes a temporary resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(b), is not inadmissible and is not the subject of a declaration made under subsection 22.1(1).

Dual intent

(2)An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay.

Sections this one cites

Amendment History (2)
  • 2001, c. 27, s. 22
  • 2013, c. 16, s. 7

Justice Laws is the authoritative version. If this copy and it ever differ, Justice Laws wins.

Sections numbered under s. 22

Each of these is its own section of the Act, numbered after section 22.

IRPA s. 22.1

Declaration

Verify on justice.gc.ca(opens in a new tab)

What that means

The Minister can personally bar someone from becoming a temporary resident for public policy reasons. No inadmissibility finding is needed. The bar lasts up to 36 months. It can be cancelled or shortened at any time. Each year, the number of these declarations and the reasons behind them must be reported to Parliament.

The law says

(1)The Minister may, on the Minister’s own initiative, declare that a foreign national, other than a foreign national referred to in section 19, may not become a temporary resident if the Minister is of the opinion that it is justified by public policy considerations.

Effective period

(2)A declaration has effect for the period specified by the Minister, which is not to exceed 36 months.

Revocation

(3)The Minister may, at any time, revoke a declaration or shorten its effective period.

Report to Parliament

(4)The report required under section 94 must include the number of declarations made under subsection (1) and set out the public policy considerations that led to the making of the declarations.

Guides that explain this section

Dual Intent: Visiting While Your PR Is in ProcessIs There a Fiance Visa for Canada?Proof of Funds for a Canada Visitor Visa: What Counts?Canada Visitor Visa Approval Rates by CountryWhy Canada Visitor Visas Get Refused: Top Reasons ExplainedOutland Sponsorship Process: Sponsoring from Outside Canada

Explained in depth in the textbooks

Coming soonRead the free chapter of Volume 1Read the free chapter of Volume 2Follow on Facebook to hear when the library opens (opens in a new tab)

Related sections

IRPA s. 22.1DeclarationIRPA s. 21Permanent resident