Humanitarian and compassionate consideration in Canada: Processing the application for permanent residence Stage 2 assessment

After the results of the statutory requirements have been received and when no inadmissibility (for which the applicant has not been granted an exemption) is apparent, finalize processing of the application.

The following are some considerations:

Right of Permanent Residence Fee (RPRF)

Regardless of the age of the principal applicant, H&C applicants must pay the RPRF (R303), except either of the following:

• a principal applicant who is a “dependent child” of a Canadian citizen or permanent resident
• dependent children of the H&C principal applicant, who are in Canada.

For applications processed in Canada, payment of the RPRF is required before permanent residence status is granted.

Non-payment of the RPRF

When an applicant meets the requirements but is unwilling or unable to pay the RPRF inform the applicant in writing that the application will be held in abeyance until the RPRF or loan approval is received. The letter should also advise the applicant of the time period for a response and the consequences of not responding within the specified period.

Allow a reasonable period of time for applicants come up with the money. This should not result in an indefinite or unreasonable delay of a final decision on granting permanent residence.

If it is evident after a few months that an applicant is unlikely to pay the RPRF in the near future, a final negative decision for non-compliance should be made.

Confirmation of Permanent Residence

Before creating the Confirmation of Permanent Residence (IMM 5688/5292) for the applicant and any accompanying family member(s), verify that criminal, security and medical results are still valid and CSQ, if required, is on file and valid.

Final examination interview

At the final, mandatory interview, do all of the following:

• verify that the applicant’s passport has not expired (unless exemption was granted) and/or verify other identity documents (check that personal details are correct)
• ensure that all of the principal applicant’s family members have been examined
• verify that the applicant and any family members in Canada do not rely on social assistance (if they have not been granted an exemption for A39)
• ask applicants the required questions concerning criminality and war crimes and other statutory questions (found on the IMM 5669, section 6)
• have applicant(s) sign and date their Confirmation of Permanent Residence (IMM 5688/5292)
• interviewer must sign and date each part of the IMM 5688/5292.

No show: When an applicant does not attend their confirmation of permanent residence interview, follow the instructionsin Loss of contact with the applicant

If there is loss of contact with the applicant, the appropriate decision letter should be sent.

Outstanding criminal charges: When information regarding outstanding criminal charges comes to light at the final interview, postpone or reschedule the interview until there is a final disposition of the criminal charges. A conviction may make the applicant criminally inadmissible or ineligible for permanent residence.

Concurrent applications: If permanent residence status is granted and the applicant has a pending refugee claim or a pending application for judicial review of a negative PRRA or Refugee Protection Division decision, inform either the:

• Refugee Protection Division of the IRB (in the case of a refugee claim)
• Department of Justice(in the case of a judicial review application).

When the applicant has left Canada

If the stage 2 decision is positive and the applicant has been removed from or has left Canada, do both of the following:

• tell the applicant to apply for an Authorization to return to Canada (ARC), if required, to the visa office within 60 days of the notification of decision
• inform the visa office (via e-mail) of the positive decision and that the applicant may apply for an ARC.

If the applicant does not submit an application for an ARC within the 60-day period, make a final decision with the information available on file.
If the applicant applies for an ARC, the visa office will process the ARC according to the usual procedures (OP1) (PDF, 597.29KB). Once the ARC is approved or if the applicant does not require an ARC, then the visa office will:

• inform the applicant that they are responsible for any travel expenses, cost recovery fees and, if applicable, repayment of removal costs
• collect the fees

issue the permanent resident visa and confirmation of permanent resident visa when the applicant has satisfied all ARC requirements.