Fees: Right of permanent residence fee (RPRF) - R303

Background

Effective February 28, 1995, a right of landing fee (ROLF) of $975 was introduced. Under the Immigration and Refugee Protection Act (IRPA), this was retitled as the right of permanent residence fee (RPRF) and this name will be used in the remainder of this document.

It is generally recognized that permanent residence has attached to it a value, both tangible and intangible. There is an economic or market value which arises out of an enhanced opportunity to improve one’s economic condition and there is also the value to having access to a wide range of programs and services provided by the state at no or minimal cost. There is, as well, an intangible value to having permanent resident status in Canada. The fee is partial compensation for benefits which accrue to the person who acquires permanent resident status and helps to defray various costs incurred in delivering the immigration program.

The announcement of the fee was included in the 1995 Federal Budget, and the Immigrant Loans Program was expanded to include provisions for a federal loan to assist immigrants in the payment of this new fee. While the Immigration and Refugee Protection Regulations (IRPR) indicate broad eligibility for a loan, the criteria established focus on the need and ability to repay the loan. Initially, refugees were the primary recipients of ROLF loans.

Since March 2000, applicants for permanent residence who have been determined to be refugees or members of the humanitarian-protected persons abroad classes do not have to pay the RPRF. The demand for loans has dramatically decreased since this change.

In order to help alleviate the economic burden of immigrating, Budget 2006 included a reduction of the RPRF to $490.

Change in terminology

With the coming into force of the IPRA, the term "landing" is no longer used. Instead, clients are said to "acquire permanent resident status." The only exception to this are clients who become permanent residents under A25 and are "granted" permanent resident status by the Minister.

Legislative authority

The Right of Permanent Residence Fee comes under the authority of section 19.1 of the Financial Administration Act (FAA). This section allows for the charging of fees for the rights or privileges that may be granted to a person.

The Immigration and Refugee Protection Regulations describe the fee and remission provisions. The RPRF remission comes under the authority of section 23(2.1) of the Financial Administration Act.

Fee exemptions

The following persons are not required to pay the Right of Permanent Residence Fee:

• A person who is a family member and is a "dependent child" of a principal applicant as defined in R1(3).

  Note: This can include applicants who are 22 years of age or more and who may be spouses or common law partners while still maintaining status as a dependent child. Refer to "dependent child" [R2(b)(ii)].

• A principal applicant in Canada who has made an application in accordance with R66 (H&C) and who is a "dependent child" of a Canadian citizen or permanent resident.
• A member of the permit holder class who is a "dependent child" of a member of the permit holder class who has made an application to remain in Canada as a permanent resident or who is the "dependent child" of a Canadian citizen or permanent resident.
• A person who is a member of the protected temporary residents class and is described in R151.1(2) and the family members included in their application.
• A principal applicant who is a foreign national and who is referred to in R117(1), namely:
  1. a dependent child of the sponsor;
  2. an orphaned brother, sister, niece, nephew or grandchild;
  3. a child to be adopted.
• A protected person within the meaning of A95(2) who has applied to remain in Canada as a permanent resident and their family members.
• A person who is a member of the Convention Refugees Abroad Class and the family members included in their application.
• A person who is a member of the Humanitarian Protected Persons Abroad classes and the family members included in their application.

Every person, with the exceptions noted above, who submits an application for permanent residence must pay this fee.

Please refer to the Coding Handbook.

Timing of payment

Payment of the RPRF will be required before issuance of the permanent resident visa for applications processed at visa offices or the permanent resident record for applicants in Canada. Each contact with the applicant should include a reminder that the RPRF is required, and that the visa will not be issued or the client will not become a permanent resident, as the case may be, until payment is received. It should also be emphasized that early payment of the RPRF will avoid delays in finalizing the processing of the application for those classes where it is appropriate, such as priority family class cases. Other cases, such as family class sponsorships of parents and grandparents, where the processing time is known to be long, RPRF instructions specify that the client should wait to pay RPRF until contacted by IRCC.

Although concerted efforts will be made to solicit payment at the early stages of processing, IRCC must accept payment of the RPRF whenever it is submitted. This is a requirement of the Financial Administration Act. IRCC also has no authority to refuse to refund the RPRF upon request of a client who has paid up front or at any time before the RPRF is due for visa issuance/permanent residence status. This is a change to the past policy that RPRF payments already submitted for applications in process will not be refunded, unless the application is refused or withdrawn, or does not result in permanent residence status being granted.

Should a client complete all other documentary and regulatory requirements for acquiring permanent resident status but fail to pay the RPRF and complete the acquisition of permanent residence process, there is no legal basis for closing the file or regarding it as abandoned.

Inability or refusal to pay the RPRF

Where the application process is finished and payment of the RPRF remains outstanding, applicants will be advised that the application cannot be finalized until the RPRF has been paid.

Procedures for back-end collection of RPRF

Skilled worker, provincial nominee and business immigrant applications processed by a visa office abroad

The visa office will advise the client that processing of the application has been completed and that visa(s) will be issued if the applicant submits the correct RPRF. The visa officer shall not proceed to issue the permanent resident visa(s) until the RPRF fees have been paid. Timing of payment will be left up to the particular office and will vary according to local circumstances.

Family class applications, Undertakings of Assistance submitted to Case Processing Centre Mississauga with immigrant applications processed by a visa office abroad

CPC Mississauga will receive the Undertaking of Assistance (IMM 1344AE), collect the processing fees, process the sponsorship, and forward the documents to the appropriate visa office along with the IMM 0008s.

Processing the application at the visa office remains unchanged to the point where the visa is ready to be issued. The visa office will advise the client that processing has been completed and that visa(s) will be issued as soon as the sponsor has submitted the RPRF payment to CPC Mississauga. The visa office will also advise CPC Mississauga, by e-mail message, that the applicant is ready for visa issuance. A dedicated Signet E-mail account has been established in Mississauga for the receipt of these messages.

A separate account at CPC Mississauga exists for general inquiries as follows:

The e-mail message is to include the following information:

• visa office file number;
• CPC Mississauga/ IRCC file number;
• name of sponsor and client ID;
• amount of RPRF payment required.

Upon receipt of notification that the applicant is ready for the issuance of a visa, CPC Mississauga will advise the sponsor that the RPRF payment must be received by the office within 30 days. CPC Mississauga will "BF" the file for 30 days (plus additional mailing time) to ensure follow-up action.

If the RPRF payment is received, CPC Mississauga will advise the appropriate visa office which should ensure that the medicals and security are still valid prior to issuing the visa(s).

If the sponsor does not respond with the RPRF within 30 days of the request, CPC Mississauga will send a second request for the RPRF giving an additional 30-day period to comply. Again, the file will be "BF’d to ensure follow-up action.

If the sponsor does not submit the RPRF within 30 days following the second request, the visa office will be advised. The visa office should not proceed to issue the permanent resident visa until the RPRF fees are paid.

Applications processed by CPC-Edmonton to completion and transferred to an IRCC office to grant permanent residence status AND applications referred by CPC-Edmonton to an IRCC office for processing

Once an applicant is ready to become a permanent resident, Edmonton will send a letter to the applicant indicating that the file is being sent to the inland IRCC office closest to their residence. CPC Edmonton will inform the applicant that they will be scheduled to attend a permanent residence interview and should be prepared to pay the RPRF at the time they are granted permanent resident status.

Upon receipt of the file from CPC Edmonton, the IRCC office will schedule the permanent residence interview. A letter advising of the time and date of the grant of permanent resident status will be forwarded to the applicant. This letter will remind the applicant that the RPRF payment is required before permanent residence status is granted. Prior to completion of permanent residence processing, it should be verified that the RPRF has been paid and that security clearance is still valid.

If the RPRF payment is received at the final permanent residence interview, the grant of permanent resident status may proceed as usual. If the RPRF payment is not received and the applicant appears at the permanent residence interview, they will be advised that RPRF is to be paid before permanent resident status is granted.

A period of 30 days will be given for the applicant to submit the RPRF following the request.

In cases referred to the IRCC office and processed to completion, a similar procedure regarding the collection of RPRF will be taken. If the RPRF is not provided within the first 30 day period, the applicant should be sent a second request giving an additional 30-day period. Again, the file should be BF’d to ensure follow-up action. Permanent resident status processing should not be completed until the RPRF is paid.

For Family class cases, the payment must be made in Canada to the appropriate CPC. In all cases involving an applicant in Canada and family members overseas, the applicant or sponsor in Canada is responsible for payment.

FOSS/CAIPS/CPC System coding-Current, valid RPRF codes

Listed below are all current RPRF operational codes with corresponding descriptions of when the code should be used in the CAIPS/CPC SYSTEM. All systems require that three mandatory fields be filled with a 3-letter alpha code to indicate the type of transaction, the amount of fee collected and the receipt number.

The alpha codes are intended to record the latest transaction relating to the RPRF. Consequently, it is possible that three or four codes could be entered during the course of processing.

Appeals and the RPRF

When an applicant for permanent resident status has a right of appeal against a negative decision and fails to file the appeal within the required time frame, the RPRF must be refunded.

If the applicant fails to win their appeal, the RPRF must be refunded after the appeal decision has been rendered. If an applicant is granted another appeal mechanism, or if another level of appeal is available to the applicant, they will be required to repay the RPRF upon being notified that the appeal has been granted, and prior to acquisition of permanent residence.

Refused cases with a temporary resident permit

An applicant who is determined to be inadmissible, but allowed to proceed to Canada with a temporary resident permit, would be considered as refused, and therefore, an RPRF refund would be approved.

As an exception to the normal procedure, namely, that refunds be actioned by the office refusing an application, this particular refund would be processed in Canadian dollars by the IRCC office in Canada that receives the file. Generally, visa offices abroad will transfer their case file to the IRCC office nearest the destination of the person concerned.

The RPRF will be collected if and when the permit holder seeks permanent residence under A38(1) (medically inadmissible cases) or applies for permanent residence after having been deemed rehabilitated or received a pardon (criminally inadmissible cases).

Offices should ensure that form letters are amended accordingly to cover the need for a refund.

The one exception to granting a refund upon identification of an inadmissibility would be situations where the person concerned would acquire permanent residence within a short period (6 months to a year). In these cases, the RPRF should be retained and applied to the subsequent application.

Early admission cases

An applicant, issued a temporary resident permit to allow early admission, would be expected to acquire permanent resident status within a reasonable time frame after completion of processing in Canada, and would not be eligible for a refund.