Atlantic Immigration Program (AIP): 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.
IRCC started accepting permanent residence applications under the Atlantic Immigration Program (AIP) on March 6, 2022.
On this page
- Examination before granting permanent residence
- Examination at the port of entry
- Examination at IRCC inland offices
- Revocation of employer designation and endorsement
Examination before granting permanent residence
To become a permanent resident, the principal applicant and accompanying family members must either
- request an appointment at a local IRCC office if they are in Canada with a valid temporary status
- follow the virtual landing instructions (given to applicants by IRCC) or
- present their permanent resident visa at a port of entry (POE) to Canada
Accompanying family members of the principal applicant may only become permanent residents at the same time as, or after, the principal applicant confirms their permanent residence. Family members of the principal applicant cannot become permanent residents before the principal applicant.
A permanent resident visa holder in the AIP seeking permanent resident status at a POE must establish that they still intend to reside in the province that has endorsed them.
Examination at the port of entry
Individuals who indicate that they intend to proceed to, and reside in, the province that has endorsed them, 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 reside in the endorsing province may be denied permanent resident status at the POE and may have an A44(1) report written against them, citing non-compliance with paragraph 87.3(2)(b) of the Immigration and Refugee Protection Regulations (IRPR). An additional allegation of misrepresentation pursuant to paragraph 40(1)(a) of the Immigration and Refugee Protection Act (IRPA) may be included in the A44(1) report, if supported by the information obtained through examination at the POE.
A border services officer may also do the following if they are not satisfied that an individual intends to reside in the endorsing province:
A border services officer may also do the following if they are not satisfied that an individual intends to reside in the endorsing province:
- Offer the individual the option of voluntarily withdrawing their application for permanent residence. If the applicant accepts this option, the border services officer should seize the Confirmation of Permanent Residence (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 border services officer may adjourn the examination and authorize the person to enter Canada for the purpose of further examination [A23]. The border services officer should refer the examination for finalization to the appropriate IRCC inland office (Item 202 CBSA Delegations and Designations). The border services officer 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 reside in the province of endorsement, officer’s interview notes).
For more information on inadmissibility and writing A44(1) reports, see ENF 5 (1.4 MB).
Note: If the applicant informs the border services officer that a representative advised them that residing in the province of endorsement is not a requirement of the AIP, the border services officer should send an email to IRCC NHQ asking the processing officer to record a note in GCMS with information concerning the representative. Officers must send a copy of the refusal letter to the endorsing Atlantic province, subject to federal privacy legislation.
Examination at IRCC inland offices
Under the AIP, there are no requirements for IRCC to consult with the provinces in order to refuse an application; therefore, when a border services officer adjourns the examination to an IRCC inland office for finalization, the IRCC inland office is not required to contact the provincial authorities. If the application is refused, the officer must send a letter of refusal to the applicant and send a copy to the endorsing province, subject to federal privacy legislation.
Revocation of employer designation and endorsement
Revocation of endorsement
If the endorsing province revokes the applicant’s endorsement certificate, officers should refuse the application as the applicant no longer meets the provincial endorsement requirement of the program.
De-designation of an employer under AIP
Applications that have not been put into processing should be returned to the applicant if the employer is de-designated.
In some circumstances, when the employer becomes de-designated under AIP, the province may continue to support the endorsement. In this situation, the processing officer could reach out to the province to ask for the reasons why the employer was de-designated.
If the de-designation was for program integrity issues (misrepresentation, fraud, etc.), then the processing officer should refuse the AIP permanent residence application as it no longer meets the requirements under subsection R87.3(6). If the de-designation was for administrative reasons, then the processing officer can use their discretion in determining if the applicant still meets all the criteria for applying to the AIP. The Atlantic province will inform IRCC immediately when an employer is de-designated, when the province withdraws an endorsement certificate, or when the province requests a processing pause. The province will update the record of endorsement for the affected files. The province will make all reasonable efforts to notify all affected applicants of the impact of the de-designation and the avenues of recourse available.
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