Protected persons: Processing applications for permanent residence – Stage 1: processing procedures
This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.
Date of the application
An application is considered to be made on the day that it is received at the Case Processing Centre in Vegreville (CPC-V), as long as it meets the requirements of section 10 of the Immigration and Refugee Protection Regulations (IRPR) and includes evidence that the relevant cost recovery fees have been paid.
Applications and the supporting documentation must be reviewed to ensure that
- the Generic Application Form for Canada [IMM 0008E] (PDF, 553.83KB) is completed properly and signed by the principal applicant;
- the Background / Declaration form [IMM 5669] (PDF, 776.39KB) is completed properly by the principal applicant and all family members over 18 years of age, whether accompanying or not;
- the Protected Persons and Convention Refugees form [IMM 0008] is completed properly by the principal applicant and all family members over 18 years of age who have also been found to be a protected person;
- the Additional Family Information form [IMM 5406] (PDF, 570KB) is completed properly by the principal applicant and all family members over 18 years of age;
- the applicant has enclosed the following documentation:
- two passport-sized photographs of each family member in Canada (in addition to the applicant’s photographs that accompany the application),
- photocopies of the applicant's passport, travel document or identity documents as well as those of included family members who are in Canada, and
- documents that prove the relationship between the principal applicant and the listed family members;
- a photocopy of proof of protected person status is included:
- the Notice of Decision letter from the Immigration and Refugee Board (IRB) indicating the applicant is a protected person or the decision letter and verification of status document from a senior immigration officer indicating the applicant is a protected person, or
- the temporary resident permit or Minister’s permit indicating the applicant is a member of the protected temporary residents (PTR) class; and
- the applicable cost recovery fee has been submitted.
Note: Members of the PTR class are exempt from paying the cost recovery fee.
Although the applicant is instructed to provide a copy of the Notice of Decision from the Refugee Protection Division (RPD), the Global Case Management System (GCMS)/Field Operations Support System (FOSS) should be checked to verify that the claimant has been determined to be a protected person. If this information is not available in GCMS/FOSS, the responsible IRB office should be contacted for clarification.
Similarly, although the decision letter and verification of status document issued by a senior immigration officer is valid proof that the person is a protected person, the officer should ensure that the decision was also entered in GCMS/FOSS. If the information is not available in GCMS/FOSS, the office holding the file should be contacted for clarification.
Approval in principle
Once a protected person is considered eligible to apply for permanent residence, the CPC-V should advise them by sending the approval in principle letter. This letter is used to request any further information required to process the case (e.g., identity or relationship documents, supplementary forms for background checks, medical information).
If the applicant lives in Quebec, a copy of the application form [IMM 5202E] and a covering letter must be sent to the Ministère de l’ Immigration, de la Diversité et de l’Inclusion du Québec (MIDI) for the Quebec Selection Certificate (CSQ), which provides access to the social services provided by the Province of Quebec.
Note: A protected person [R175] who has been determined to be a Convention refugee by the IRB does not require a CSQ, although one is usually issued. Other protected persons residing in Quebec do require a CSQ in order to be granted permanent residence.
If the application does not include the required documents or is unsigned, officers should
- enter in GCMS the date the application was made and the reason for the return;
- return the entire package to the client with a letter explaining the reason for the return.
The application should not be returned if the only reason for the return is the lack of documentation from the IRB or a senior immigration officer, unless the protected person status cannot be confirmed in GCMS/FOSS. If the client has neglected to complete a portion of the application (e.g., addresses for the past 10 years), the officer at the CPC-V should determine whether the information is essential to the processing of the application and, if so, should contact the applicant to try to obtain the information.
If an applicant fails to respond to a request
When an applicant fails to provide the information necessary for approval, whether by not providing requested documentation or by failing to attend their landing interview, their application may be refused.
Because of the significant consequences of a refusal (e.g., forfeited fees, the need to reapply), applicants should be given ample opportunity to comply. Officers should use their discretion and consider waiting longer than the 30-, 60-, or 90-day deadline (e.g., the applicant may need additional time to obtain certain documents). Landing interview no-shows should be given a second chance.
At stage two, a letter explaining how the applicant can prevent the refusal of their application should be sent to the applicant’s last known address, and a copy should be sent to their authorized representative, if applicable.
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