Agri-Food Pilot (AFP) Program: Examination before granting permanent residence
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
To become a permanent resident, a foreign national must either request an appointment at a local IRCC office if they are in Canada with valid status, or present their Confirmation of Permanent Residence (COPR) and permanent resident visa counterfoil (if applicable) at a port of entry (POE) to Canada.
Accompanying family members of Agri-Food Pilot (AFP) Program applicants may only become permanent residents at the same time as or after the principal applicant becomes a permanent resident. In other words, family members of principal applicants cannot become permanent residents before the principal applicant.
A permanent resident visa holder with the AFP Program seeking permanent resident status at a POE must establish that they continue to be the holder of a valid job offer, which they submitted with their application for permanent residence.
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Examination at the port of entry (POE)
Individuals who indicate that they intend to work for the employer listed on their job offer, and who meet the other requirements of the legislation, should be processed for permanent resident status.
Individuals who indicate that they never intended, or no longer intend, to work for the employer listed on their job offer, may be denied permanent resident status at the POE and may have a report under subsection 44(1) of the Immigration and Refugee Protection Act (IPRA) written about them.
In the case of individuals who indicate at the POE that they no longer intend to work for the employer listed on their job offer, the subsection A44(1) report may be written for non-compliance with subsection 2(1) of the Ministerial Instructions Respecting the Agri-Food Immigration Class.
A border services officer (BSO) may also do the following if they are not satisfied that an individual intends to work for the employer listed on their job offer:
- Offer the individual the option of voluntarily withdrawing their application for permanent residence. If this option is accepted by the applicant, the BSO should seize the COPR document and inform the office that issued the COPR and IRCC NHQ.
- If the applicant does not voluntarily withdraw their application for permanent residence, the BSO may adjourn the examination and authorize the person to enter Canada for the purpose of further examination [A23]. Refer the examination for finalization to the appropriate IRCC inland office (Item 202, Canada Border Services Agency Delegation and Designations). The BSO should seize the applicant’s and their family members’ COPR documents and forward them to the appropriate IRCC inland office along with relevant case information (for example, statutory declaration from the individual stating that they do not intend to work for the employer listed on their job offer, officer’s interview notes).
Note: If the applicant states that a representative advised them that working for the employer listed on their job offer is not a requirement of the AFP program, the BSO should send an email to IRCC NHQ and record a note in the Global Case Management System (GCMS) with information concerning the representative.
Examination at IRCC inland offices
When seeking permanent resident status at a local IRCC office in Canada, applicants must establish that they still intend to work for the employer listed on their job offer.
Individuals who indicate that they never intended, or no longer intend, to work for the employer listed on their job offer, may have their landing interview at the IRCC inland office postponed. The file may be returned to the appropriate IRCC inland office along with relevant case information for a review of the application.
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