Protected Person PR

Overview

Canada offers protection to individuals who have well-founded fears of persecution in their home country or who face risks to their safety. Once an individual has been granted "Protected Person" status by the Immigration and Refugee Board of Canada (IRB), they may be eligible to apply for permanent residence.

This pathway is a crucial component of Canada's humanitarian commitments, providing a safe haven for those fleeing persecution, torture, or cruel and unusual punishment. It allows successful asylum claimants to formalize their status in Canada and integrate fully into Canadian society.

How it works

Individuals first arrive in Canada and make a claim for refugee protection. This claim is then heard and assessed by the Immigration and Refugee Board of Canada (IRB). If the IRB determines that the claimant meets the definition of a Convention Refugee or a Person in Need of Protection, they are granted Protected Person status. Once this status is conferred, the Protected Person can then apply for permanent residence within Canada. The application process involves submitting detailed forms, supporting documents, and undergoing background and medical checks. Family members included in the original refugee claim or added subsequently may also be eligible to apply for permanent residence under this program.

Who it's for

This program is specifically designed for individuals who have already received a positive decision from the Immigration and Refugee Board of Canada (IRB), confirming their status as a Convention Refugee or a Person in Need of Protection. It is for those who are seeking to transition from a temporary protected status to permanent residency in Canada, thereby securing their long-term future and accessing the full range of services and rights available to permanent residents.

To be eligible for the Protected Person Permanent Residence program, applicants must meet several key criteria:

• Recognized as a Protected Person: The primary requirement is that an applicant must have received a positive decision from the Immigration and Refugee Board of Canada (IRB), granting them Protected Person status. This means they have been recognized as a Convention Refugee or a Person in Need of Protection.

• Present in Canada: Applicants must be physically present in Canada when applying for permanent residence under this program. This program is for in-Canada refugee claimants.

• No Inadmissibility: Applicants must not be inadmissible to Canada. This includes inadmissibility for reasons of serious criminality, organized crime, security, human rights violations, or misrepresentation. While some inadmissibility factors may have been considered during the refugee claim process, a new assessment is conducted for permanent residence. In some cases, humanitarian & compassionate grounds might be considered for those with certain types of inadmissibility, but this is not guaranteed.

• No Cessation of Refugee Protection: The applicant must not have had their refugee protection status ceased or vacated by the IRB. Cessation occurs if circumstances in the home country change significantly, or if the individual voluntarily re-availed themselves of the protection of their country of origin.

• No Exclusion: Applicants must not be subject to an exclusion clause as per the refugee convention which applies to individuals who have committed serious crimes.

• Completeness of Application: All required forms and documents must be accurately completed and submitted with the application. Missing information or documents can lead to delays or refusal.

• Medical Examination: All applicants and their family members (whether accompanying or not) must undergo a medical examination by an IRCC-approved panel physician.

Applicants for Permanent Residence as a Protected Person will need to provide a range of documents. While the specific list can vary, common requirements include:

• Confirmation of Protected Person Status: Decision document from the Immigration and Refugee Board of Canada (IRB) confirming Convention Refugee or Person in Need of Protection status.
• Identity Documents: Valid passport or travel document (if available), birth certificate, national identity cards.
• Proof of Presence in Canada: Immigration documents such as a Refugee Protection Claimant Document, Temporary Resident Permit, or study/work permits.
• Family Information: Marriage certificate (if applicable), divorce certificate (if applicable), birth certificates of dependent children.
• Police Certificates: From any country where the applicant has spent more than six months since the age of 18, other than Canada, and their country of origin.
• Medical Examination: Proof of upfront medical examination from an IRCC-approved panel physician.
• Photos: Recent passport-style photographs meeting IRCC specifications.
• Application Forms: Completed Immigrant Application Forms (e.g., IMM 0008, IMM 5669, IMM 5406, etc.).
• Proof of Funds: While not a strict requirement for all protected persons, proof of funds may be requested, particularly for those who have not yet established themselves financially in Canada.

The application process for permanent residence as a Protected Person generally follows these steps:

1. Receive Positive IRB Decision: The first crucial step is to be recognized as a Convention Refugee or a Person in Need of Protection by the Immigration and Refugee Board of Canada (IRB). This decision makes you eligible to apply for permanent residence.

2. Gather Documents: Collect all necessary supporting documents, including your IRB decision, identity documents, police certificates, and family information. Ensure all documents are translated into English or French by a certified translator if they are in another language.

3. Complete Application Forms: Fill out all required IRCC application forms accurately and completely. This includes the Application for Permanent Residence in Canada (IMM 0008) and various schedule forms that gather personal and background information.

4. Pay Fees: Pay the applicable government processing fees and the Right of Permanent Residence Fee (RPRF). Payment is typically made online through the IRCC website.

5. Undergo Medical Examination: Schedule and complete an upfront medical examination with an IRCC-approved panel physician. The physician will provide you with documentation of your medical exam result, which must be included with your application.

6. Submit Application: Submit your complete application package to Immigration, Refugees and Citizenship Canada (IRCC) as per their instructions, typically via mail. Ensure all forms are signed and all required documents are included to avoid delays.

7. Biometrics (if requested): You may be required to provide biometrics (fingerprints and photo) after submitting your application. If so, instructions will be provided by IRCC.

8. Wait for Decision: IRCC will review your application. They may request additional information or an interview. Once a decision is made, you will be notified.

Protected Persons applying for permanent residence can include eligible family members in their application. This typically includes a spouse or common-law partner, and dependent children. Dependent children are generally defined as under 22 years of age and not married or in a common-law relationship. Those 22 years or older who are unable to financially support themselves due to a physical or mental condition may also be included. It is crucial to list all family members, whether they are accompanying the principal applicant to Canada or not, as failure to do so can impact their future eligibility to be sponsored. All family members included in the application must also meet eligibility and admissibility requirements.

Upon being recognized as a Protected Person by the IRB, individuals typically become eligible to apply for an open work permit, which allows them to work for almost any employer in Canada. This provides immediate access to the Canadian labor market while their permanent residence application is being processed. Once permanent residence is granted, Protected Persons have the full right to work in any occupation or for any employer in Canada, subject only to professional licensing requirements for regulated professions, just like any other Canadian permanent resident.

The Protected Person status itself is a direct pathway to permanent residence in Canada. Once an individual is recognized as a Protected Person by the Immigration and Refugee Board (IRB), they are eligible to apply for permanent residence under this specific humanitarian class. This program is designed to provide a secure and lasting status in Canada for those who have been granted protection. Successful applicants transition from temporary protected status to full permanent residency, securing their long-term future in Canada with all the rights and responsibilities that come with it, including the ability to apply for Canadian citizenship after meeting the residency requirements.

While the Protected Person PR pathway is straightforward for eligible individuals, applications can be refused for several reasons:

• Inadmissibility: The most common reason for refusal is inadmissibility to Canada, particularly due to serious criminality, misrepresentation, or security concerns. Even if a claim for refugee protection was accepted, a new assessment of inadmissibility is conducted for permanent residence.
• Failure to disclose information: Providing incomplete or false information, or omitting crucial details on the application forms, can lead to refusal.
• Cessation or Vacation of Refugee Status: If the applicant's refugee protection status has been ceased or vacated by the IRB, they are no longer eligible for this program.
• Failure to Meet Definition of a Family Member: Incorrectly including individuals as family members or not providing sufficient proof of relationship.
• Incomplete Application: Missing documents, unsigned forms, or unsubmitted required information can result in the application being returned or refused.
• Failure to Attend Medical Exam/Interview: Not completing the required medical examination or failing to attend a scheduled interview without valid reason.
• Outstanding Warrants or Criminal Charges: While the refugee claim process might address past issues, new criminal charges or outstanding warrants can lead to inadmissibility and refusal.