Procedures for processing urgent protection cases: Temporary resident permits and permanent resident status
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.
In most instances, applicants are authorized to enter Canada under temporary resident permits when the admissibility checks (medical, security and criminality) are not finalized in time to ensure the safety of the refugee in urgent need of protection. When a visa officer determines that a refugee must be authorized to enter Canada under a temporary resident permit, visa officers are to add “Protected temporary residents class” under the remarks section of the IMM 1263 Permit to come into or Remain in Canada. Visa officers are to inform protected temporary residents (PTR) that they will need to apply for permanent resident status after arrival in Canada once the necessary requirements are met.
Where and how to forward the complete file
When an urgent protection case arrives in Canada on a temporary resident permit,the visa office will forward the complete file to CPC-Vegreville (including the IMM 0008 Schedule 2) with a copy to the local CIC. The file should note what admissibility assessments have been initiated by the visa office and the current status of these assessments. The results of all assessments initiated by the visa office are to be forwarded to CPC-Vegreville immediately upon receipt by the visa officer.
Temporary resident permits
If the refugee arrives in Canada on a TRP, work/study permits will be required and will be issued through CPC-V or local CICs in accordance with normal procedures. Minor children do not require a student authorization to study at the pre-school, primary or secondary level.
Informing the client to apply (CPC-Vegreville)
Where the results of all assessments initiated by the visa office are satisfactory and the applicant is found to be admissible, CPC-Vegreville (CPC-V) will send a letter advising the applicant to submit an application for permanent residence from within Canada using the amended application kit IMM 5205 as a member of the PTR class.
Processing applications for permanent resident status from within Canada
Screening the application for completeness
Upon reception of an application for permanent residence in Canada under the PTR class, CPC-V is responsible for screening the application and the supporting documentation to ensure that:
- the application IMM 5202 is completed properly:
- the application is signed by the applicant;
- any family members in Canada over 18 years of age have completed a separate IMM 5202 application;
- the applicant has enclosed the following documentation:
- Temporary resident permit indicating the applicant is a member of the protected temporary residents class
- Single Journey Travel Document (applicable in most but not all cases)
- Two passport-sized photographs of each family member in Canada (in addition to the photographs that are already on the original file submitted to the visa office).
Note: If the application is incomplete, it should be returned to the client following the procedure described in Processing protected persons’ in-Canada applications for permanent resident status.
Processing fee (regulatory sections concerned: R301(1.1), R303(2)(c.1))
Like all refugees selected for resettlement from abroad, members of this class and their dependants are not required to pay cost recovery fees nor the right of landing fee. Under R301(1.1), members of this class are exempted from cost-recovery fees in Canada. The fee exemption applies to both the application and the permanent resident card. This includes members of this class who entered Canada on Minister’s permits prior to the coming into force of IRPA and who are eligible to apply for landing because they were initially inadmissible due to a medical condition deemed to create an excessive demand or because they were authorized to enter Canada under the UPP program before all clearances were finalized.
Eligibility of family members
Once it is determined that a member of the PTR class is eligible to apply for permanent residence, their spouse and dependent children in Canada are also eligible, provided that they meet the definition of “family member” in R1(3). Family members who still reside abroad who were included in the protected person’s initial application for permanent residence and who meet the statutory and regulatory requirements (see R141) may apply to an officer outside Canada within one year after the day on which the principal applicant arrives in Canada. For further information, refer to One-year window provisions (OYW), and R141.
Members of the PTR class and their family members applying for permanent residence, as per R72, are required to have valid medical, security and criminality clearances prior to being granted permanent residence. CPC-Vegreville will ensure that all PTR class applicants and their accompanying family members 18 years of age and over have not become inadmissible since entry to Canada, in accordance with R65(c).
The applicant and their accompanying family members will not be required to undergo another medical examination [R30(1)(a)] if they have a valid medical certificate that indicates that they are not inadmissible on health grounds. Members of the PTR class and their accompanying family members are health-excessive-demand-exempt (EDE) as they are protected persons. See A38(2).
Note: Should their medical certificate be expired, the applicant and/or their accompanying family members will have to undergo another medical examination. Usual in-Canada procedures will apply in this case.
The applicant and their accompanying family members will not be required to undergo another security check if their security check is still valid. Security clearances are valid for 18 months and, if expired, another security clearance will need to be done. CPC-V will initiate the second clearance as necessary.
The applicant and their accompanying family members will be required to undergo an in-Canada criminality clearance to ensure that they have not become inadmissible since their arrival in Canada. CPC-Vegreville will initiate this clearance procedure.
What to do if applicant or family member is inadmissible
Should the applicant or any accompanying family member be found to be inadmissible on security or criminality grounds, they will have to wait five years before they can apply for permanent residence. Should they be found to be inadmissible on health grounds, they will have to wait three years before they can apply for permanent residence. See R65.
Requirement for passport, travel document, or satisfactory identity document
Like most refugees resettled from abroad, members of the PTR class and their dependants will likely not hold a passport or travel document as described in R50(1)(a) to (h). They should, however, be in possession of a:
- temporary resident permit;
- single-journey travel document; and
- provincial or federal identification issued in Canada since entry (example, driver’s license, medical card)
Processing family members abroad
Only family members listed on the original application [IMM 0008] submitted at the visa office and who are listed in Part C of the application form [IMM 5202] may be considered for processing. (See section 3 (c) of the IMM 0008). CPC-V may finalize permanent residence applications received from members of the PTR class applicants without waiting for the statutory processing of family members who remain outside Canada. Officers at CPC-V are not required to contact the visa office to initiate concurrent processing abroad of family members of the PTR applicant.
See Temporary Resident Permits for further guidance.
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