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Notice – Reminder – People from Haiti and Zimbabwe have until August 4, 2016 to apply for permanent residence in Canada without risk of being removed

Ottawa, May 21, 2016 – On February 4, 2016, the Government of Canada gave an additional six months for some nationals from Haiti or Zimbabwe to apply for permanent residence on Humanitarian and Compassionate (H&C) grounds without the risk of being removed to their home country while we review their application.

If you meet the criteria and have not yet applied, you have a few months left to do so. The special measures will end on August 4, 2016. If you do not apply at all or if you apply after August 4, 2016, you will be at risk of being removed from Canada.

We have now made it simpler for you to apply by reducing the number of forms you must complete and submit by the August 4, 2016 deadline. If we approve your application during the initial assessment (Stage One), we will then ask you to complete additional forms.

You can find the application forms to apply for permanent residence on H&C grounds under the special measures on this site.

If you are eligible but need financial help to pay for the application fee, you may also apply for a loan until August 4, 2016 through the Immigration Loans Program. Information on how to apply is in the Application Guide.

If you live in Quebec

Residents of Quebec must complete an additional form (available in French only).

The Government of Quebec has identified five organizations that can help you. They can answer questions and give you support through the application process. There is no cost to get help from them. The organizations are:

You don't need to use an immigration representative to help you apply, but if you choose to use one, do so carefully. Learn more about using a representative on this site.

For more information, see the questions and answers below.

Questions

What is a temporary suspension of removals (TSR)?

When a suspension of removals is in place, people who would normally be removed from Canada are allowed to stay until the suspension of removals is lifted.

People who are inadmissible for reasons of criminality or serious criminality, security, violating human or international rights, or organized crime, or excluded under the Refugee Convention do not benefit from a TSR.

However, if a person has an unsuccessful refugee claim or is inadmissible to Canada (for reasons other than security, human or international rights violations, serious criminality, criminality or organized criminality), they are allowed to stay in Canada while the TSR is in place. Once the TSR is lifted, the person could be removed from Canada.

What is an administrative deferral of removal (ADR)?

An ADR is used when immediate action is needed to temporarily delay removal in a situation of humanitarian crisis.

Similar to the temporary suspension of removals (TSR), an ADR is not meant to address persistent and systemic human rights problems. In these cases, individuals have access to full and fair refugee application processes, as well as other avenues of recourse, including applying for judicial review at the Federal Court of Canada.

Individuals found inadmissible on grounds of criminality, national security, war crimes, crimes against humanity or organized criminality, will continue to be removed despite the ADR. In addition, a person may choose to return to their country voluntarily even if an ADR has been issued.

How do I apply for permanent residence (PR) on Humanitarian and Compassionate (H&C) grounds?

If you meet the criteria, you can apply for PR on H&C grounds. You must complete the application forms and pay the fees or the Notification of Intent document if you need financial help to cover your processing fees. The Notification of Intent document will need to be completed and signed and sent along with your application.

To find out more about the Notification of Intent, see the questions below related to the loan.

The completed application form and supporting documents, including fee receipts or Notification of Intent, must be mailed to:

Backlog Reduction Office—Vancouver
#600–605 Robson Street
Vancouver, BC  V6B 5J3

The envelope should be clearly labelled with the words “Haiti – TSR” or “Zimbabwe – TSR” when you mail your application.

How do I apply for permanent residence on Humanitarian and Compassionate (H&C) grounds if I live in Quebec?

If you are a Haitian or Zimbabwean national affected by the lifting of the temporary suspension of removals (TSR) living in the province of Quebec, you must complete an additional form Demande d’examen du parcours d’intégration au Québec en vue de l’obtention du certificat de sélection (available in French only).

Immigration, Refugees and Citizenship Canada (IRCC) and the Ministère de l’Immigration, de la Diversité et de l’inclusion (MIDI) have set up joint procedures to assess these applications.

Applicants must submit their IRCC application forms along with the MIDI form (available in French only) at the same time. They should be mailed together to:

Backlog Reduction Office—Vancouver
#600–605 Robson Street
Vancouver, BC  V6B 5J3

The envelope should be clearly labelled with the words “Haiti – TSR” or “Zimbabwe – TSR” when you mail your application.

Who is eligible to apply for permanent residence (PR) on Humanitarian and Compassionate (H&C) grounds and stay in Canada while their application is processed?

To be eligible to apply for PR on H&C grounds under the reinstated special measures, you must meet these criteria:

  • You must be a national of Haiti or Zimbabwe;
  • You must have been residing in Canada on the day the temporary suspension of removals (TSR) was lifted (December 1, 2014) and currently be living in Canada;
  • You must be the subject of a removal order (including conditional removal orders) or out of status;
  • You must never have been found ineligible to have a refugee claim referred to the Immigration and Refugee Board of Canada (IRB);
  • You must not be inadmissible on grounds of security, human or international rights violations, serious criminality, criminality or organized criminality;
  • You must not have been excluded by the IRB from refugee protection under the United Nations Convention Relating to the Status of Refugees;
  • You must not have had criminal charges dropped by the Crown to effect a removal order; and
  • You must not have an outstanding criminal warrant.

To remain in Canada while your application is being processed, you must have a pending application for PR on H&C grounds; or have applied for PR on H&C grounds in Canada no later than six months from the date authorizing the special measures, or, if you have applied for refugee protection and have a pending claim, no more than six months should have passed since receiving a negative decision by the IRB.

  • In this context, “negative decision” refers to the IRB’s first negative decision and does not include any avenues of recourse, including judicial review before the Federal Court.

If I have already applied for permanent residence (PR) on Humanitarian and Compassionate (H&C) grounds and was refused, can I apply again?

Yes. If you meet the criteria, you can re-apply for PR on H&C grounds. You must complete the application forms and pay the fees or the Notification of Intent document if you need financial help to cover your processing fees. The Notification of Intent document will need to be completed and signed and sent along with your application.

To find out more about the Notification of Intent, see the questions below related to the loan.

Can I apply for Humanitarian and Compassionate (H&C) consideration if I received a negative decision on my refugee claim with the Immigration and Refugee Board of Canada (IRB)?

Yes. If you meet the criteria, you can apply for permanent residence on H&C grounds under the special measure.

Normally individuals who have received a negative determination at the IRB within the past 12 months are barred from applying for H&C consideration. However, the extended special measures include an exemption to this 12-month bar for Haitian and Zimbabwean refugee claimants if they file an H&C application within the additional six months.

Can I work or study while my application for permanent residence on Humanitarian and Compassionate (H&C) grounds is in process? Am I eligible for health coverage?

If you are under a removal order and have received a negative decision from the Immigration and Refugee Board, you are eligible to apply for a work or study permit, and have access to health care coverage while awaiting a final decision on your H&C application.

If I am affected by the lifting of the temporary suspension of removals and I do not apply for Humanitarian and Compassionate (H&C) consideration before the deadline, will I be removed?

If the six-month period passes and you have not applied for permanent residence on H&C grounds, you are at risk of being removed from Canada. This is why it is very important that your H&C application is received by Immigration, Refugees and Citizenship Canada on or before August 4, 2016.

What if I have already applied for Humanitarian and Compassionate (H&C) consideration or for permanent residence (PR) through other programs of Immigration, Refugees and Citizenship Canada?

If you have already submitted a PR application under H&C grounds and a decision is pending, you may want to update your file and provide new submissions by sending them to the Backlog Reduction Office―Vancouver.

If you have already submitted an application for PR in Canada under another category and the decision is pending, that application will continue to be processed, but you will not benefit from a stay of removal under these measures. However, if you meet the eligibility criteria, you may qualify for a deferral of removal if you request H&C consideration for PR on or before August 4, 2016. An H&C request may be appended to an existing pending application for PR.

How will I know if I have passed Stage 1 assessment / been approved in principle?

A letter will be sent to you and/or your representative if you have one.

How long will I have to complete and submit the additional forms once I have passed Stage 1 assessment?

A letter will be sent with instructions. Standard procedures are that the forms are to be returned within 30 days.

Can I get financial help?

Yes. You can apply for a loan through the Immigration Loans program to:

How much does it cost to apply for permanent residence?

The application fee for the principal applicant is $550. Additional fees are either $550 or $150 depending on who is applying. Information on fees for Humanitarian and Compassionate requests is available on this site.

Am I eligible to apply for a loan to help pay the application fees?

If you meet the February 4, 2016 Temporary Public Policy criteria to apply for PR under H&C, you may be eligible to apply for financial help under the Immigration Loans Program. To be eligible, you must show you need the loan and are able to repay it. IRCC will assess your need based on your financial situation. We will determine your ability to repay it by looking at your income and what the possible family income may be against the cost of living in Canada and how much debt you currently have (if applicable).

Please note that interest is charged on loans. The interest rate is set each January by the Department of Finance and is 0.76% for 2016.

How do I apply for a loan to help pay the application fees?

To apply, you must complete and sign a Notification of Intent. This document is available in the Application Guide. Send the Notification of Intent, along with any supporting documents, along with your application to:

Backlog Reduction Office—Vancouver
#600–605 Robson Street
Vancouver, BC  V6B 5J3
The envelope should be clearly labelled with the words “Haiti – TSR” or “Zimbabwe – TSR” when you mail your application.

What happens after I apply for a loan to help pay the application fees?

Once we receive your application, we will contact you if additional information is needed.

If a loan is approved, you will need to complete and sign the Immigration Loans (Assistance Loan) form in front of a designated officer.

If a loan is not approved, we will notify you and give you 30 days to pay the application fees. If the fees are not paid and proof of payment is not received by IRCC within 30 days, your application will not be processed and returned to you. You may submit the application again, along with the required fees.

Am I eligible to apply for a loan to help pay the Right of Permanent Residence Fee?

To be eligible to apply for a loan to help pay the Right of Permanent Residence Fee, you must show you need the loan and are able to repay it.

The Right of Permanent Residence Fee costs $490 each for principal applicants and spouses and common-law partners. Dependent children do not have to pay the fee.

If you have lived in Canada for three years or more, you must show that you are unable to get a loan from a bank or lending institution.

To apply, complete the Application for a Right of Permanent Residence Fee Loan.

Please note that interest is charged on loans. The interest rate is set each January by the Department of Finance and is 0.76% for 2016.

How do I repay my loan?

You can repay your loan by:

  • by personal cheque;
  • by certified cheque;
  • by postal or money order;
  • by credit card;
  • directly at participating financial institutions; or
  • through internet banking

Cheques, postal orders and money orders must be made payable to the “Receiver General for Canada.”

If you want a review of your repayment arrangement, you can contact IRCC by:

Telephone
Toll free: 1-800-667-7301
Hours of operation: Monday to Friday, 8:00 am to 4:00 pm (Eastern Standard time)

Please have your loan documents available when you call.

Email, fax or mail
Email: collection@cic.gc.ca
Facsimile: 819-934-3884
Mailing address: 365 Laurier Avenue West, Ottawa Ontario, K1A 1L1

Please clearly describe your situation and specify exactly what you would like us to consider. Include your payee number (located in the bottom right section of your statement) so that we can access your file.

See also: Help Centre – Immigration loans

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