Applying for Permanent Residence from within Canada: Protected Persons and Convention Refugees (IMM 5205)
Note: As of December 4, 2019, Protected Persons who apply for permanent residence in Canada and wish to include their dependent family members (spouses, partners, and dependent children) who reside outside of Canada, may also submit their completed application forms with their own completed application to the Case Processing Centre - Mississauga.
Submitting completed applications for your dependent family members outside Canada earlier in the process may increase efficiency in processing the applications and reduce contact between the visa office and your dependent family members abroad.
Table of Contents
This is not a legal document. The explanations and definitions are not legal definitions. In case of a discrepancy between the language in this document and the relevant legislation or regulations, the legal text in the legislation and regulations prevails.
For legal information, refer to the Immigration and Refugee Protection Act and Regulations or the Citizenship Act, Citizenship Regulations and Citizenship Regulations No. 2, as applicable.
Overview
Application package
This application package has:
- an instruction guide, and
- the forms you need to fill out.
The instruction guide:
- has information you must know before you submit your application, and
- explains how to fill out the forms and gather your supporting documents.
Read the instruction guide completely and then fill out each of the applicable forms.
The forms are designed with questions that will help the processing of your application.
Symbols used in this guide
This guide uses these symbols to draw your attention to important information:
Important information that you need to know to avoid delays or other problems.
Where to get more information.
Note: Tips that will help you with this application.
Before you apply
Who is considered a permanent resident?
A permanent resident is a person who can remain in Canada permanently but who is not a Canadian citizen.
Who is considered a Protected Person?
In Canada, the Immigration and Refugee Board of Canada (IRB) and IRCC decide who is a Protected Person. If the IRB determined you to be a person in need of protection or a Convention refugee or if you received a positive decision on your Pre-Removal Risk Assessment (PRRA) from IRCC, you are a Protected Person and may apply for permanent residence with this application.
You may also apply for permanent residence with this application if you are a member of the Protected Temporary Residents Class (PTRC). Protected Temporary Residents are individuals admitted to Canada on a temporary resident permit and who have been determined to be in urgent need of protection by a visa office.
Am I eligible to apply for permanent residence as a Protected Person?
You are eligible to apply if the IRB or IRCC has determined that you are a Protected Person or a Protected Temporary Resident and you are not:
- a Convention refugee in another country where you could go and live permanently without fear of persecution;
- a citizen, national or permanent resident of a country, other than the one you left, where you could go and live permanently without fear of persecution; or
- a permanent resident of Canada.
Biometrics
If you are required to give biometrics and you are applying from within Canada, you can go to a designated Service Canada location. Once you’ve paid the application and biometrics fees, you’ll get a biometric instructions letter (BIL) which will direct you to a list of biometric collection service points you may choose from. You must bring the BIL with you to the biometric collection service point. You can’t give your biometrics without this letter.
We encourage you to give your biometrics as soon as possible after you get the BIL. We’ll start processing your application after we get your biometrics.
Find out more about biometrics.
Note
When must I apply?
I am a Protected Person, when can I apply for permanent residence?
You can apply for permanent residence anytime after being notified by the Immigration and Refugee Board (IRB) or by IRCC that you are a Protected Person, unless you have been named as a Designated Foreign National (DFN).
What is a Designated Foreign National (DFN)?
The Minister of Public Safety (PS) has the authority to designate the arrival of persons in Canada as an irregular arrival when the Minister believes that:
- the examinations of the persons in the group or any related investigations concerning persons in the group cannot be conducted in a timely manner; or
- the group’s arrival is suspected to be linked to organized human smuggling, for profit, or for the benefit of, at the direction of, or in association with a criminal organization or terrorist group.
All persons who have been named as DFNs are notified in writing.
I have been named a Designated Foreign National (DFN), when can I apply for permanent residence?
DFNs are not eligible to apply for permanent resident status for a period of at least five years, to a maximum of six years for all types of applications for permanent residence. You may need to wait six years in order to apply for permanent residence if you fail to abide by the conditions imposed on you by the Canada Border Services Agency (CBSA). You will be notified if this is the case.
When does the five (or six) year period begin?
The five (or six) year period is counted from the date on which a final determination is made on the refugee claim or a pre-removal risk assessment (PRRA). Any application submitted before the five (or six) year period will be returned.
What if I did not make a refugee claim or submit a PRRA application, when does the five (or six) year period begin?
If there was no refugee claim or PRRA application submitted, the five (or six) year clock starts from your date of designation as an irregular arrival.
Do I have to include my family members on my application?
All of your family members must be listed on your application. You may choose whether they are to be processed for permanent residence. You have the right to remove a family member from processing for permanent residence up until the time you are issued your permanent resident visa.
Important information
Note: If you are a woman, you must list all children born to you. If you are a man, you must list all the children you have fathered. Both men and women must list any spouse and/or partners. If you do not list all your children (including adopted children) or your spouse and/or partner, you will not be able to sponsor them at a later date.
Family members abroad whose whereabouts are unknown, but who are listed in your application will have one year from the day you are granted permanent residence to apply for permanent residence at a visa office. They will be processed as part of your application.
Family members
Your family members include your spouse or common-law partner, your dependent children and any children that are their dependent children.
- Spouse
Refers to either of the 2 persons (opposite or same gender) in a marriage legally recognized in the country in which it took place, as well as in Canada.
Proxy, telephone, fax, internet and similar forms of marriage where one or both parties were not physically present are no longer considered as valid spousal relationships under the Immigration and Refugee Protection Regulations. For more information, consult Processing spouses and common law partners: Assessing the legality of a marriage.
- Common-law partner
- Refers to a person who is living in a conjugal relationship with another person (opposite or same gender), and has done so continuously for a period of at least one year. A conjugal relationship exists when there is a significant degree of commitment between two people.
This can be shown with evidence that the couple share the same home, support each other financially and emotionally, have children together, or present themselves in public as a couple.
Common-law partners who have been in a conjugal relationship for at least one year but are unable to live together or appear in public together because of legal restrictions in their home country or who have been separated for reasons beyond their control (for example, civil war or armed conflict) may still qualify and should be included on the application.
- Dependent children
We assess your child’s eligibility as a dependant based on how old they were at a specific point in time, called the lock-in date. To see if your child qualifies as a dependant, we consider the age of your child on the lock-in date, even though your child’s age may change during processing.
To find out if your child qualifies as your dependant, check the age of your child at the time we or the Canada Border Services Agency (CBSA) received your refugee claim. This is your child’s lock-in date.
Your child or the child of your spouse or common-law partner can be considered a dependent child if that child meets the requirements below on the lock-in date:
- They are under 22 years old.
- They don’t have a spouse or common-law partner.
Children 22 years old or older qualify as dependants if they meet both of these requirements:
- They have depended on their parents for financial support since before the age of 22.
- They are unable to financially support themselves because of a mental or physical condition.
With the exception of age, dependants must continue to meet these requirements until we finish processing your application.
If your child’s age was locked in on or before October 23, 2017, a previous definition of dependent children may apply.
Not sure if your child is a dependant? Check if your child qualifies by answering a few questions.
- Dependent child of a dependent child
- Refers to children of dependent children of the applicant and those of the spouse or common-law partner, if applicable.
Can I apply for a loan to bring my family to Canada?
Protected Persons seeking permanent residence may be eligible under the Immigration Loan Program for a loan. The loan covers costs associated with transportation and medical examinations of their family members outside Canada.
Loans are approved on the basis of need and the applicant's ability to repay the amount of loan required. If you apply for a loan, you will need to provide proof that you have tried to obtain a loan from a traditional lending institution such as a bank, and have been refused.
For more information. Consult the Help Centre.
Step 1: Gather documents
Note: As of November 15, 2019, Protected Persons who apply for permanent residence in Canada and wish to include their dependent family members are encouraged to also submit completed application forms for their dependent family members (family members defined above) inside and outside Canada, with their own completed application to the Case Processing Centre - Mississauga.
What documents are required?
The table below identifies the documents that you will need to send with your application. You may use the document checklist (opens in a new tab) to ensure that your application includes all of the required documents.
Note: If any of the required documents are missing, or photocopies are not clear, your application will be returned to you.
Pieces of personal identification (id’s)
All identity documents and relationship documents for the principal applicant and for all family members who are inside or outside Canada and are included in the application for permanent residence. All documents must have been issued from your home country, before your entry into Canada.
Example of pieces of personal identification include:
- passport
- travel document
- birth certificate
- identity cards
- baptismal record
- school certificate as proof of identity
Note: If you do not have any documents that prove your identity or family relation, submit your application without them and we will contact you. It is to your benefit to provide all supporting documentation.
Format: Photocopy and translation
2 passport-sized photos for each person
- In a small envelope, include 2 passport-sized photos of yourself and each of your family members inside or outside Canada.
- Write the names for each person on the back of each photo.
- Attach the envelope to the application form.
Format: Original passport-sized
Payment Receipt
Receipt showing total payment of application fees. See Step 3: Pay the Fees
Proof of Protected Person or Convention Refugee Status
Please enclose a photocopy of one of the following:
- The letter you received with your positive decision from the Immigration and Refugee Board; or
- The Verification of Status (VOS) document you received with your positive Pre-Removal Risk Assessment (PRRA) decision from IRCC; or
- The Temporary Resident Permit, if you are a Protected Temporary Resident.
Format: Photocopy
Translation of documents
You must include the following along with any document that is not in English or French:
- the English or French translation; and
- an affidavit from the person who completed the translation (if they are not a certified translator).
Translations may be done by:
- a person who is fluent in both languages (English or French, and the unofficial language); or
- a Canadian certified translator (a member in good standing of a provincial or territorial organization of translators and interpreters in Canada).
If the translation isn’t done by a Canadian certified translator, the person who completed the translation must provide an affidavit swearing to their language proficiency and the accuracy of the translation.
The affidavit must be sworn in the presence of:
In Canada:
Authority to certify varies by province and territory. Consult your local provincial or territorial authorities.
Outside of Canada:
- a notary public
Authority to administer oaths varies by country. Consult your local authorities.
Important information: Translations must not be done by the applicants themselves nor by members of the applicant’s family. This includes a parent, guardian, sibling, spouse, common-law partner, conjugal partner, grandparent, child, aunt, uncle, niece, nephew and first cousin.
Note: An affidavit is a document on which the translator has sworn, in the presence of a person authorized to administer oaths in the country where the translator is living, that the contents of their translation are a true translation and representation of the contents of the original document. Translators who are certified in Canada don’t need to supply an affidavit.
Certified true copies
To have a photocopy of a document certified, an authorized person must compare the original document to the photocopy and must print all of the following on the photocopy:
- “I certify that this is a true copy of the original document”;
- the name of the original document;
- the date of the certification;
- the name of the authorized person;
- their official position or title; and
- their signature.
Who can certify copies?
Only authorized people can certify copies.
Important information: Certifying of copies must not be done by the applicants themselves nor by an applicant’s parent, guardian, sibling, spouse, common-law partner, conjugal partner, grandparent, child, aunt, uncle, niece, nephew or first cousin.
People authorized to certify copies include the following:
In Canada:
Authority to certify varies by province and territory. Check with your local provincial or territorial authorities to learn who has the authority to certify.
Outside Canada:
- a notary public
Authority to certify international documents varies by country. Check with your local authorities to learn who has the authority to certify in your country.
Step 2: Complete the application
Filling out the application
Follow the step-by-step instructions below to complete the application forms.
The following are the forms that must be filled out and submitted:
- Generic Application Form for Canada (IMM 0008) (opens in a new tab)
- Additional Dependants/Declaration (IMM 0008 DEP) (opens in a new tab)
- Schedule 14 – Protected Persons and Convention Refugees (IMM 0008 – Schedule 14) (opens in a new tab)
- Schedule A – Background/Declaration (IMM 5669) (opens in a new tab)
- Additional Family Information (IMM 5406) (opens in a new tab)
- Document Checklist (IMM 5286) (opens in a new tab)
- Use of a Representative (IMM 5476) (opens in a new tab), if applicable.
In addition to completed application forms for yourself, please submit the following for your dependent family members who you wish to accompany you and are currently residing outside of Canada:
- Generic Application Form for Canada (IMM 0008) (opens in a new tab)
- Schedule A – Background/Declaration (IMM 5669) (opens in a new tab)
- Additional Family Information (IMM 5406) (opens in a new tab)
- 2 passport-sized photographs
- Photocopies of their passport, travel documents or identity documents
- Photocopies of documents that prove their relationship to the protected person
- Use of a Representative (IMM 5476) (opens in a new tab), if applicable.
Important information: 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 “NA”. If your application is incomplete it may be returned to you and this will delay the processing of your application.
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.
Schedule 14: Protected Persons and Convention Refugees
(IMM 0008–Schedule 14)
Get the instructions (opens in a new tab)
Step 3: Pay the fees
Your fees
A) Protected Persons (persons who: (a) were determined by the Immigration and Refugee Board of Canada to be a Convention refugee or a Person in need of protection; or (b) became a Protected Person as a result of an approved Pre-removal Risk Assessment):
As a Protected Person, you are exempt from paying the Right of Permanent Residence Fee. You must, however, pay a processing fee when you submit your application for permanent residence for yourself and all family members included in your application.
Use the table below to calculate the total amount of fees to be paid.
| Application (per person) | $CAN |
|---|---|
| Your application Processing fee ($635) |
$635 |
| Include your spouse or partner Processing fee ($635) |
$635 |
| Include a dependent child | $175 |
| Biometrics fees | $CAN |
|---|---|
| Biometrics (per person) | $85 |
| Biometrics (per family) (2 or more people)
Maximum fee for a family of 2 or more people applying at the same time and place |
$170 |
Note: The processing fee for the principal applicant is $635, even if the principal applicant is a minor child.
B) Protected Temporary Residents:
Persons in the Protected Temporary Residents Class are exempt from paying both the Right of Permanent Residence Fee and the processing fee. Therefore if you are a Protected Temporary Resident, you do not have to pay any fees. See the IRCC website for information on the Protected Temporary Residents Class.
Note: For applicants who started an immigration process before August 1st, 2014, consult the page Definition of Dependent Children Before August 1st, 2014.
Payment Issues
No fee included or insufficient fees
If you do not pay the full fees for your application(s) we will return your application(s). We will only start processing your application after you return it with the correct fees.
For immigration applications, see section 10 of the IRPR and for citizenship applications, see section 13 of the Citizenship Act for more information.
Overpayment
If you pay more than the fees needed for your application(s) we will start processing your application, and send you a refund as soon as possible.
Note: You don’t have to ask for a refund. It will be done automatically.
Note: If you’re eligible for a refund, we will issue the refund to the person indicated on the Payer Information section of the receipt (if a receipt is attached to a paper application or uploaded as part of an online application). If you paid directly within an online application (no receipt attached), or if there is no name indicated on the receipt, we will send the refund to the applicant.
Only online payments are accepted in Canada. If any other forms of payment are received, Immigration, Refugees and Citizenship Canada (IRCC) will return your application.
How to pay the fees for your application
To pay your fees for your application you’ll need:
- a valid e-mail address;
- access to a printer (you’ll need to print the receipt), and
- a credit card, Debit MasterCard® or Visa® Debit card.
Visit the link below and follow these instructions to pay:
- Go to Online Payment.
- Follow the online instructions.
- At the end, click on the button to print the IRCC official receipt with barcode. Print two copies.
- Attach a copy of this receipt to your completed application.
- Keep the second copy of the receipt for your records.
Do not exit without printing the receipt! The printed receipt is your proof of payment!
Step 4: Mail the application
Track your application
If you’re submitting a paper application, we recommend you use a postal or courier service with tracking so you have proof your application was delivered.
Where to mail the application
Mail your completed application in a stamped envelope to one of the addresses shown below:
(Your Address)
(Your Postal Code)
Protected Persons in Canada application
PO Box 12153, Station A
Sydney, NS
B1P 0L1
Canada
Courier address
If you are using a courier service, your application should be delivered to the following address:
3050 Wilson Ave
New Waterford, NS
B1H 5V8
Submit the document checklist
Make sure you use and submit the Document Checklist (IMM 5286) along with your application forms and supporting documents.
Note
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.
Note: If your application is not signed and dated, it will be returned to you.
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).
What happens next
Hearing from us
If your application has been properly completed and includes all the required documents, we will:
- send you a letter informing you of the decision on your case and what you must do next,
- transfer your family members' applications to a Canadian visa office for processing.
Do you live in Quebec?
The provincial immigration authority, called the Ministère de l’Immigration, de la Francisation et de l’intégration (MIFI), must also approve your application.
You do not need to fill out extra forms; we will refer your application to the MIFI on your behalf.
If the MIFI refuses your application we will continue to process your application for permanent residence, provided you no longer live in the province of Québec.
Note: If you intend to live in the province of Québec and are not a refugee claimant or a member of the protected persons or live-in caregiver classes, you must contact MIFI in order to obtain a CSQ.
Interview
We may arrange an interview to verify or expand on information contained in your application. After you and your included family members in Canada and abroad have met immigration requirements the immigration office will contact you to arrange a final interview. You will likely be given your permanent resident status at that meeting.
Leaving Canada
If you wish to leave Canada while your application for permanent residence is being processed, you may apply for a Refugee Travel Document from IRCC.
You will need to provide proof of status in Canada. If you are a Convention refugee, you can use the letter of decision from the Immigration and Refugee Board. If you received a positive Pre-Removal Risk Assessment, you can use your Verification of Status document, or apply for one.
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
- pay your application and biometric fees (if required)
- provide your biometrics as soon as possible (if required)
- Tell us if your contact information or the contact information of your dependent family members who reside inside or outside Canada changes, including:
- mailing address
- telephone numbers
- facsimile number (fax)
- 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
For more information
Current processing times
You can check current processing times on the Application processing times webpage.
Important information
Updating your contact information
While your application is in process, you must tell us if you change your address, e-mail address, or telephone number. Use the Change your address tool to give us your new contact information.
Checking application status
In Canada and the United States
You may Contact Us or go online to see the current status of your application:
- Click on Check application status, and
- follow the instructions provided.
To obtain details on how to remove your application status information from the Internet, visit the “Frequently Asked Questions” (FAQ) section.
If you are outside Canada and the United States:
Contact the Canadian embassy, high commission or consulate responsible for your region.
Protecting your information
Your personal information is:
- available to Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA) employees who need to see it to provide the services to you, and
- not disclosed to other organizations except as permitted under the provisions of the Privacy Act or the Citizenship Regulations.
For more information about the protection of your data, visit the Frequently Asked Questions/Help Centre.
Quality Assurance Program
Our quality assurance program randomly chooses applications for a special review. If chosen, we will ask you to attend an interview with an IRCC official to:
- verify that the documentation and any other information you submitted is accurate,
- verify that your application has been completed properly.
Note: We will notify you in writing if your application is chosen.
Online services
For more information about the programs offered by IRCC, visit Immigration and Citizenship.
Note
Sign the form
The application must be signed and dated before it is submitted.
If you are or any of your dependent family member is:
- 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.
Note: If your application is not signed and dated, it will be returned to you.
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).
Need help?
If you need help, you can find answers to your questions by visiting the Help Centre.
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