Application by a person as a member of the permit holders class to remain in Canada as a permanent resident
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
Processing and collection of the fee: $335 per applicant.
No fee exemptions have been identified for this service.
Order-in-Council landings were not carried into the IRPA. However, fees paid under the Immigration Act for OIC landings can be used to finalize cases under the IRPA. No additional fees are payable for finalizing these applications. [R358]
Persons who are granted permanent residence by virtue of R64 are required to have resided continuously in Canada for at least three years if they are inadmissible on health grounds under A38 for at least five years if they are inadmissible on grounds other than those described in:
- Section A34 (Security);
- Section A35 (Violations of human or international rights);
- Section A36(1) (Serious Criminality); or
- Section A36(2) (Criminality).
Processing commences after the person has met the statutory requirements above (i.e., 3 or 5 years on a temporary resident permit) with no breach in continuity of the time requirements. The officer shall issue a receipt and note in the appropriate box of the Immigration Cost Recovery Control Form [IMM 5194B] that the fee has been paid and the receipt number.
No exemptions from the fee for a request for an application by a member of the permit holder class to remain in Canada have been identified. [R302]
Temporary inability or refusal to pay
If an applicant advises that they are unable or unwilling to pay the fee immediately, they should be counselled that there is no option to receive the service without payment. They should be advised to return when they have the ability and willingness to do so. This should be noted on the applicant’s file. There is no authority to process a request for an application by a member of the permit holders class to remain in Canada unless the fee has been paid.
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