Applications for permanent residence: Protected persons
Note: Members of the PTR class are exempt from paying the cost recovery fee.
Although the applicant is instructed to provide a copy of the Notice of Decision from the Refugee Protection Division (RPD), the Global Case Management System (GCMS) should be checked to verify that the claimant has been determined to be a protected person. If this information is not available in GCMS, the responsible IRB office should be contacted for clarification.
Similarly, although the decision letter and verification of status document issued by a senior immigration officer is valid proof that the person is a protected person, the officer should ensure that the decision was also entered in GCMS. If the information is not available in GCMS, the office holding the file should be contacted for clarification.
Although it is not mandatory, all protected persons who apply for permanent residence in Canada and wish to include their dependent family members in their application are encouraged to submit completed application forms and required documents for their dependent family members along with their own completed application forms to the CPC-M using the online portal or on paper. The principal applicant may submit applications for family members at any point during the processing of their application for permanent residence.
If an applicant has not provided completed applications for their dependants abroad, CPC-M will inform the principal applicant so that they have the opportunity to submit these forms. The principal applicant provides the completed forms for their dependants abroad via IRCC Secure Account, web form, or mail.
Dependent family members who are included in a protected person’s application for permanent residence in Canada are required to sign a Use of a Representative [IMM 5476 (PDF, 1.48 MB)] form authorizing the protected person in Canada to act on their behalf for the purpose of processing their application for permanent residence. However, if there is a representative on file for the whole family, the principal applicant is not required to complete this form.
Complete applications
If the application meets all the criteria for completeness, the following steps are to be completed at the CPC-M:
- enter the application information in GCMS
- recover all required fees
- recover the biometric fee and send the biometric instruction letter (BIL)
- If the biometric fee was required but not paid, CPC-M requests the biometric fee, and sends the BIL once the applicant submits the biometric fee.
- send the acknowledgement of receipt to the applicant
- put the application into the processing queue
Once the application has entered processing, the processing fees are no longer refundable.
Incomplete applications
Processing staff are to adopt a facilitative approach when reviewing applications for completeness where possible, and request missing information or documentation. The application should not be returned if completed application forms for declared family members overseas are not enclosed, as this is not mandatory. The principal applicant may submit applications for family members at a later stage of their processing.
If a rejection is warranted, processing staff are to return the application package with the rejection letter to the applicant. For online applications, processing staff are to send only the rejection letter to the applicant via email.
Approval in principle
Once a protected person is considered eligible to apply for permanent residence, the primary office should advise them by sending the approval in principle letter. This letter is used to request any further information required to process the case (e.g., identity or relationship documents, supplementary forms for background checks, medical information). Accompanying dependants who are in Canada should also be listed on the approval in principle letter.
If the applicant lives in Quebec, a copy of the application form [IMM 5202E (PDF, 344 KB)] and a covering letter must be sent to the Ministère de l’Immigration, de la Francisation, et de l’Intégration (MIFI) for the Quebec Selection Certificate (CSQ), which provides access to the social services provided by the Province of Quebec.
Note: A protected person [R175] who has been determined to be a Convention refugee by the IRB does not require a CSQ, although one is usually issued. Other protected persons residing in Quebec do require a CSQ in order to be granted permanent residence.
If an applicant fails to respond to a request
When an applicant fails to provide the information necessary for approval, whether by not providing requested documentation or by failing to attend their landing interview, their application may be refused.
Because of the significant consequences of a refusal (e.g., forfeited fees, the need to reapply), applicants should be given ample opportunity to comply. Officers should use their discretion to determine deadlines for submitting documents or information, as well as to provide extensions when requested. Landing interview no-shows should be given a second chance.
