Guide IMM 0204 – Permanent residence pathway– Foreign nationals who were in state care

Table of contents

• Overview
• Before you apply
• Step 1. Gather Documents
• Step 2. Complete the Application
• Step 3. Fees
• Step 4. Submit your Application by Mail
• What Happens Next
• Need Help?
• Appendix A: Photo Specifications

This information will help you complete the forms and guide you through the application process.

For more information see the following document:

• Temporary public policy to grant permanent residence to foreign nationals who were under the Legal responsibility of child protection system

Before you apply

Overview of the public policy

We have created a temporary public policy in recognition of the vulnerability of foreign nationals who came to Canada under the age of 19 and were under the legal responsibility of a child and family services provider, and may now face removal. This public policy will provide a pathway to permanent residence to eligible foreign nationals and their in-Canada family members.

This public policy takes effect on January 22, 2024 and will end on January 21, 2027.

Do not apply if you do not meet the eligibility criteria, as your application will be refused.

Who may use this application?

To be eligible for this temporary public policy, you must:

• have come to Canada before you were 19 years of age;
• be physically present in Canada at the time of application;
• have continuously resided in Canada for at least three years by the time of application;
• have continuously resided in Canada since the age of 19, if over the age of 19;
• have been under the legal responsibility of a child and family services provider under a provincial or territorial government’s designated ministry for child protection for at least one year (cumulative);
• not be inadmissible to Canada, except if you’re inadmissible for one or more of these reasons:
  • subsection A36(1) on serious criminality grounds;
  • subsection A36(2) on criminality grounds;
  • paragraph A38(1)(c) on health grounds for a health condition that might reasonably be expected to cause excessive demand on health or social services;
  • section A39 on financial reasons;
  • paragraph A40(1)(a) for no other reasons than misrepresentation related to their entry to Canada or overstaying their temporary resident status and working or studying without authorization;
  • paragraph A40(1)(b) for being or having been sponsored by a person who has been found to be inadmissible for misrepresentation
  • subsection A41(a) for non-compliance;
  • section A42 where the family member is inadmissible, except where the family member is inadmissible under subsections A34(1), A35(1) or A37(1);
• not be a person referred to in section F of Article 1 of the Refugee Convention;
• have a valid passport or travel document or provide a document described in subsections 178(1) and 178(2) of the Immigration and Refugee Protection Regulations (IRPR);
• be physically in Canada when permanent residence is granted.

Note: For the purposes of this public policy, "under the legal responsibility of a child and family services provider" refers only to situations where the responsible provincial or territorial authorities obtained full legal ‘parental’ responsibilities for the child by court order.

If you plan to live in Quebec

We’ll refer your application to the Ministère de l’Immigration, de la Francisation et de l’Intégration du Québec (MIFI). You need a Certificat de Sélection du Québec (CSQ) from the province before we can grant you permanent residence.

Who may not use this application?

You are not eligible if:

• you’re outside Canada
• you were not under the care and custody of a child and family services provider under a provincial or territorial government’s designated ministry for child protection for at least 1 year (cumulative)
• you’re inadmissible, other than being inadmissible for reasons listed in the temporary public policy
• you’re a person referred to in section F of Article 1 of the Refugee Convention

Stay of removal

Once we approve your application in principle, a removal order, where one exists, will be stayed pursuant to section 233 of the Immigration and Refugee Protection Regulations (IRPR). This stay of removal will be in effect until a final decision is made on your permanent residence application under this public policy.

A final assessment of admissibility will be conducted before granting permanent residence.

Do family members need to apply separately?

You may include your family member(s) as defined below, residing in Canada, in your application for permanent residence for concurrent processing. Your spouse or common-law partner and dependent children must be admissible (unless otherwise exempted), and meet all other requirements of the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations.

Family members residing outside Canada cannot be included for concurrent processing. However, you must list all your family members residing in Canada or outside for the purpose of admissibility examination.

Note: For the definition of a family member, see the definitions below (in line with the definition of family member of subsection 1(3) of the Regulations).

Step 1. Gather Documents

What documents are required?

Use the Document Checklist [IMM 0203] (opens in a new tab) to assist you in gathering the necessary documentation.

Note: Additional documents may be required during the processing of your application.

 Reminder

It is your responsibility to ensure that the information in your application is correct and up-to-date. If your circumstances change, you must inform IRCC. Decisions made on your application will be based on the information we have at the time your application is reviewed.

When you mail your updated information, the envelope should be clearly labelled with the words “FN/State Care”.

Step 2. Complete the Application

Filling out the application

Follow the step-by-step instructions below to complete the application forms.

If you are unable to fill out, print, sign and mail the application forms, your family member in Canada may complete the application on your behalf. In this case, the forms do not need to be signed. However, you must provide a dated and signed attestation that confirms the following:

• You have reviewed all of the information contained in your application for permanent residence in its final form, and it is truthful, complete and accurate.
• You understand that any false statements or concealment of material fact may result in you being made inadmissible to Canada and may be grounds to refuse your application and subsequent applications.
• You understand that by signing the document, you are signing your application.

The following are the forms that must be filled out and submitted:

• Document Checklist (IMM 0203) (opens in a new tab)
  • Use the checklist to make sure you include all the forms and documents you need.
  • Place the checklist on top, as a cover to your application package.
• Generic Application Form for Canada (IMM 0008) (opens in a new tab)
• Additional Dependants/Declaration (IMM 0008DEP) (opens in a new tab), if applicable
• Schedule A – Background/Declaration (IMM 5669) (opens in a new tab)
• Additional Family Information (IMM 5406) (opens in a new tab)
• Use of a Representative ([)IMM 5476) (opens in a new tab), if applicable
• Authority to Release Information to a Designated Individual (IMM 5475) (opens in a new tab), if applicable

Complete these PDF forms, if they apply to you

You, the principal applicant and the third party, need to fill out, sign and submit these forms.

• Statutory Declaration of Common-law Union [IMM 5409] (opens in a new tab), if applicable
• Separation Declaration for Minors Travelling to Canada [IMM 5604] (opens in a new tab), if applicable

 Note: It is a serious offence to give false or misleading information on these forms. The information you provide on your application may be subject to verification. It is a serious offence to give false or misleading information on these forms. The information you provide on your application may be subject to verification.

Important information

Be complete and accurate

Complete all sections. If a section does not apply to you, write “Not Applicable” or “N/A”.

If you need more space for any section, print out an additional page containing the appropriate section, complete it and submit it along with your application.

Provide proof that you were in state care

You must satisfy an officer that you were under the legal responsibility of a child and family services provider under a provincial or territorial government’s designated ministry for child protection for at least one (1) year (cumulative).

As proof, you may submit documentation such as court documents, attendance records from a child services institution, or a confirmation letter from the provincial or territorial authorities responsible for child and family services.

The confirmation letter should indicate:

• name of the provincial or territorial authorities responsible for child and family services
• your name and date of birth
• period of attendance you were under the legal responsibility of the child and family services provider
• name and signature of the child and family services provider’s authorized representative issuing the letter
• date the letter was issued

Provide proof of residency in Canada

You must provide proof that you have continuously resided in Canada for at least three years on the date of your application.

Proof of residence can include copies of a lease or rental agreement, a letter from a landlord or property owner attesting to your residency (including specifying dates) or utility bills.

Submit the document checklist

Make sure you submit the Document Checklist [IMM 0203] (opens in a new tab) along with your application forms and supporting documents.

Release of information to other individuals (IMM 5475)

To authorize IRCC to release information from your case file to someone other than a representative, you will need to complete the form Authority to Release Personal Information to a Designated Individual [IMM 5475] (opens in a new tab).

The person you designate under that form (IMM 5475) will be able to obtain information on your case file, such as the status of your application. However, they will not be able to conduct business on your behalf with IRCC.

Where to submit the form

If you have not yet submitted your immigration application:

Submit this form along with your application.

If you have already submitted your immigration application:

You may use the IRCC web form to upload the IMM 5475 form.

Notify IRCC about any changes

You must let IRCC know if any information changes regarding the person you authorized to represent you on your application. See Updating your contact information or application.

Step 3. Fees

You do not pay fees to submit an application under this public policy.

Third parties fees

You will have to pay fees to third parties for yourself and your family members (if applicable) for:

• medical examinations
• police certificates

Step 4. Submit your Application by Mail

Where to mail the application?

Do not use staples, binders, plastic sleeves, folders or albums to submit your application. Elastic bands or paper clips to attach photos are acceptable.

All applications for permanent residence under this pathway must be submitted on paper.

Mail your completed application in a stamped envelope to the address shown below.

• Affix sufficient postage (top right of the envelope)
• Write your information (top left of the envelope)
• Write the IRRC’s office information (centre of the envelope)

 Note: All applications for permanent residence under this public policy must be sent directly to the Humanitarian Migration Office in Vancouver. This office will not accept or process any applications for renewal of temporary resident status.

 Sign the form

The application must be signed and dated before it is submitted.

If you are:

• 18 years of age or older, sign and date in the boxes provided at the bottom of the page,
• less than 18 years of age, your form must be signed by one of your parents or legal guardian.

Submit the application form

When submitting your application, to ensure your encoded data is captured, you must include the last page or pages which contain your unique barcodes. See the image below:

Note: This page is only available when you complete your application electronically (on a computer).

Mail your application

Do not fold documents. Don’t use staples, binders, plastic sleeves, folders or albums to submit your application. Elastic bands or paper clips to attach photos are acceptable.

For your personal records, you should make photocopies of all documentation, forms and your fee receipt submitted with your application.

Do not include pre-paid return envelopes.

You may want to send your application via registered mail or Xpresspost to track the delivery.

What you can do to help processing

There are certain things you can do to help make sure your application is processed as fast as possible:

• send all documents and information we have asked for with your application
• provide your biometrics as soon as possible (if required)
• tell us if your contact information changes, including:
  • mailing address
  • telephone numbers
  • e-mail address

Things that delay processing

The following may delay processing:

• unclear photocopies of documents
• verification of your information and documents
• a medical condition that may need more tests or consultations
• a criminal or security problem
• consultation is needed with other offices in Canada and abroad

What Happens Next

What you will receive from us

The following outlines what you can expect to receive from us when you submit your application.

Upon reception:

• We will send you an acknowledgement of receipt when we receive your application.

When processing:

• Your application will undergo a detailed review by an IRCC Officer. The officer will consider all your information and documentation and assess your application against the public policy requirements. We may contact you to arrange an interview or to verify or expand on the information contained in your application.
• If you are required to provide your biometrics, we will send you a Biometrics Instruction Letter explaining how to book an appointment, what to bring with you, and when you have to enroll your biometrics by.
• If your application is approved, we will inform you in writing and provide further information on the next steps to obtain your permanent residence status.
• If your application is refused, we will send you a refusal letter explaining why you have been refused.

If you plan to live in Quebec

If you plan to live in Quebec, we’ll review your application and to find if you meet the eligibility criteria for the public policy. If you do, we’ll refer your application to the provincial immigration authority, called the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI), on your behalf.

If the MIFI approves and issues a CSQ, we’ll keep processing your application.

If the MIFI refuses to issue a CSQ, we’ll keep processing your application, as long as you show you no longer live or plan to live in the province of Quebec.

Permanent resident status

If your application is approved, you and your family members in Canada will receive permanent resident status. To prepare, see Understanding permanent resident status.

Updating your contact information or application

While your application is in process, you must tell us if you change your address, email address, or telephone number.

If your circumstances change, you must inform IRCC. It is your responsibility to ensure that the information in your application is correct and up-to-date. Decisions made on your application will be based on the information we have when we review your application.

Use the Change your address tool to give us your new address. You can send all other updates by email to IRCC.DNHM-Vexternal-RNMH-Vexterne.IRCC@cic.gc.ca (include FN/State Care in the subject line).

Checking application status

You may use the IRCC On-line Services to check the status of your application on the IRCC website. If you can’t view the status of your application, you may contact us to report technical problems.

Withdrawing your application

If you wish to withdraw your application, you must do it in writing. Make sure to indicate your Unique Client Identifier (UCI) family name and first name on all correspondence with us. You must send your notification by email to IRCC.DNHM-Vexternal-RNMH-Vexterne.IRCC@cic.gc.ca (include FN/State Care in the subject line).

Appendix A: Photo specifications