Temporary residence applicants with in-Canada applications for permanent residence in progress

The Immigration and Refugee Protection Act and its regulations permit certain foreign nationals to apply for permanent residence from within Canada. Given that processing times for in-Canada applications can be lengthy, in some instances, an applicant may voluntarily and temporarily leave Canada during the processing of their application.

Has an approval in principle been granted?

When processing applications for temporary resident visas for foreign nationals with an application for permanent residence in Canada in progress, take into consideration whether approval in principle (first-stage approval) has been granted. It is consistent with IRPA, and in the best interests of both CIC and the applicant, to facilitate the re-entry of these applicants as temporary residents in order to continue processing their application for permanent residence from within Canada.

Who is inadmissible?

All in-Canada class applicants, except those in the spouse and common-law partner in Canada class (IP 8) and the permit holder class, must not be inadmissible at the time of their PR application. Therefore, if these TRV applicants return to Canada on temporary resident permits (TRP), they are, by definition, inadmissible and their applications for permanent residence from within Canada will be refused under R72(1)(e)(i), regardless of how close to finalization the application is at the CPC-Vegreville or at an inland CIC office. In-Canada officers have no option but to refuse these applications.

The critical determination that must be made by the visa officer when deciding whether to issue a TRV must be whether R179 is met. In making this determination for persons with pending in-Canada applications that have been accepted but not finalized, particularly with respect to R179(b), keep in mind the dual intent provisions of A22(2) and be guided by the procedures below. For additional information on processing the spouse or common-law partner in Canada class, refer to IP 8, Appendix H.

Types of applicants

Live-in caregiver or spouse or common-law partner in Canada cases

Visa officers should verify by checking FOSS/CAIPS/GCMS whether or not approval in principle (AIP—first stage "approval in principle") has been granted on the in-Canada application.

If AIP has been granted (that is, the applicant meets the requirements of the class but is awaiting screening on admissibility), and:

• there are no serious admissibility or eligibility concerns;
• there is no reason to think the applicant is likely to fall out of status during the finalization of their application for PR within Canada; and
• it appears likely that the applicant will become a permanent resident during their authorized stay in Canada (including any extensions) and would not stay in Canada illegally [i.e., meets R179(b)];

then, if satisfied of the above, the visa officer should issue a TRV.

If AIP status is unclear or there are negative indicators concerning the current in-Canada PR application, it is recommended that the visa office contact the in-Canada office responsible (i.e., CPC-Vegreville or a CIC inland office) for clarification of the case status before making a decision on the TRV application.

If AIP has not been granted, it is also recommended that the visa office contact the in-Canada office responsible (i.e., CPC-V or a CIC inland office) for any information that might be relevant to the application at hand via e-mail using the CPC-Vegreville-Enquiries mailbox to communicate with the CPC-V.

In-Canada applicants who have travelled outside of Canada (asylum seekers, members of the in-Canada protected persons (PP) classes and persons who have applied for humanitarian and compassionate (H&C) considerations in Canada)

If such an applicant has travelled outside Canada, this may have an impact on the in-Canada case processing of their application. This means that consultation with the processing office in Canada will normally be required (via e-mail using the the CPC-Vegreville mailbox to communicate with the CPC-V).

Visa officers are advised to contact the office in Canada responsible for the applicant's in-Canada case processing to verify whether the fact that the applicant is now outside Canada has any bearing on the case in process in Canada, and whether the office in Canada has any other information that might be relevant to the application at hand.

The response of the responsible office in Canada should be inserted into the CAIPS notes/GCMS of the TRV file.

In assessing a TRV application in relation to R179, visa officers should take into consideration the information provided by the in-Canada processing office.

TRV issuance

Where possible, visa officers should counsel applicants of the importance of maintaining their legal immigration status in Canada until becoming permanent residents and advise them of the need to apply through the CPC-V for an extension should the PR case processing not be finalized prior to expiry of the period authorized for their stay in Canada.

As well, applicants should be advised that if their application for permanent residence is refused, they would have to leave Canada.

TRV refusal

If there are serious doubts about admissibility or you are not satisfied that R179(b) will be met (keeping in mind the dual intent provisions of A22(2)and the inadmissibility exceptions to certain classes), then the TRV application should be refused. The issuance of a TRP is a discretionary decision, but the officer should keep in mind the information in other parts of this section.

Refused TRV applicants who have a spouse or common-law partner in Canada class case in process in Canada should be counselled to withdraw the in-Canada application and submit an FC1 application instead.

Port of entry refusal

An officer at Immigration Secondary who refuses entry to the holder of a TRV will send full details of the refusal by e-mail to the issuing visa office so that the visa office can review the decision to issue the visa. (Refer to ENF 4, section 13.11.)