Permanent residence pathways for Hong Kong residents: Making a final decision
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
If the applicant fails to meet any one of the requirements, the officer shall refuse the application. Prior to making the final decision, the officer should also have provided the applicant with an opportunity to address the concerns, either at an interview or through a procedural fairness letter. This includes cases where there are serious doubts as to the legitimacy of the documents submitted.
Approving the application
For in-Canada principal applicants and family members, the responsible office will proceed with the issuance of the confirmation of permanent residence (COPR) and will grant permanent residence to the applicant according to the Permanent residence: COVID-19 program delivery instructions or procedures in place at the time.
If an officer has any doubts as to whether an applicant is in Canada, they will follow normal procedural fairness procedures (given that this is an eligibility criterion).
For applications with accompanying dependants overseas, the primary office will do the following:
- Indicate the applicable migration office as a secondary office in GCMS.
- Send the “ready for a visa” letter to the principal applicant or representative to inform them that their family members living abroad can submit their passports to the closest mission for visa issuance.
- Confirm that the right of permanent residence fee (RPRF) has been paid.
- Confirm that all medical and criminality checks as well as travel documents are still valid and will remain valid long enough for the applicant(s) to be admitted to Canada.
- Issue COPRs and visa counterfoils (if required) to the dependants’ address outside of Canada using the print queue of the mission.
Approved overseas family members must present their COPR and permanent resident visa counterfoil (if applicable) to an officer at a Canadian port of entry [R71.1(1)].
Refusing the application
When a case is refused, the processing officer does the following:
- sends a refusal letter and fully explains to the applicant why their application has been refused
- if the applicant is in Canada and is refused for inadmissibility,
- takes appropriate action, depending on the inadmissibility grounds (for example, subsection A44(1) report, which could lead to an admissibility hearing or a removal order).
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