Applications for permanent residence: Protected persons
When the principal applicant informs IRCC of the intent to include an additional family member, the primary processing office will request the Additional Dependants / Declaration Form (IMM 0008DEP) and the Schedule A – Background / Declaration form (IMM5669) and evidence of payment of the applicable fees within 90 days if these documents were not already submitted with the request. If the principal applicant does not return the application form and evidence that the applicable fees have been paid in a timely manner, processing can continue with the additional dependant considered as “non-accompanying”.
Sponsoring family members
Protected persons can submit an application to sponsor family members under the family class once they become permanent residents, and upon the expiry of the one-year window, provided the family members were declared in accordance with R10(2)(a) and still meet the criteria for inclusion in the family class at the time that the sponsorship application is submitted.
Note: If family members abroad are included but cannot be located in order to be examined by the visa office, granting permanent residence to the principal applicant will not be delayed. A protected person can be granted permanent residence even if family members abroad for whom permanent residence is sought do not meet all the requirements of A21(2).
Impact of cessation or vacation of refugee protection
When an applicant for permanent residence ceases to be a protected person, or refugee protection is vacated, the applicant is no longer eligible to apply for permanent residence. The decision to vacate may also be rendered after the person has become a permanent resident. Should this be the case, A46 provides for the loss of the permanent resident status, except with respect to cessation decisions pursuant to A108(1)(e).
There is no requirement to suspend or delay the processing of an application for permanent residence simply because vacation is being contemplated or pursued. Applicants must be notified in writing when their status as a protected person has ceased, or refugee protection has been vacated.
Learn more about Cessation and Vacation of refugee protection.
What to do if a protected person is ineligible to apply
The procedure to follow when the applicant has been determined ineligible to apply for permanent residence depends on the reason for ineligibility. In all cases of refusal, the applicant must be advised in writing of the decision.
3. Admissibility
Before granting permanent residence to a protected person, it is necessary to ensure certain objectives are met. These are
- to offer safe haven to persons with a well-founded fear of persecution based on Refugee Convention grounds, as well as those at risk of torture or cruel or unusual treatment or punishment [A3(2)(d)];
- to protect the health and safety of Canadians and to maintain the security of Canadian society [A3(2)(g)]; and
- to promote international order, justice and security by denying access to Canadian territory to persons, including protected persons, who are security risks or serious criminals.
To meet the first objective, protected persons are exempt from some of the grounds of inadmissibility that apply to others seeking permanent residence. The other objectives are met by requiring all persons to undergo medical and security clearances prior to being granted permanent residence.
Protected persons, and the family members included in their application for permanent residence, may be granted permanent residence unless they are inadmissible under the following provisions: A34, A35, A36(1), A37 or A38(1)(a) or (b). Note that the inadmissibility of a family member has no bearing on the admissibility of a protected person. However, it is essential that family members in Canada who were not included in the protected person’s positive IRB decision have their immigration history/status looked into.
Extrinsic information and procedural fairness
Extrinsic information is
- information that is from a source other than the applicant; and
- information that the applicant does not have access to or is not aware of, and that is being used in the decision.
Officers are required to inform the applicant in writing of any extrinsic information being used in the decision. Applicants must be given the opportunity to respond to this matter by providing any information they would like to have considered. The letter should describe the extrinsic information and, if applicable, detail how this information differs from that provided by the applicant, to the extent that this information could be viewed as a misrepresentation of a material fact and/or render the applicant ineligible for permanent residence.
Applicants should be instructed to write to the office within 60 days of the date of the letter and be advised that failing to do so will result in a decision based on the information on file, including the extrinsic information. Applicants must also be informed that an extension of the 60-day time period is possible if they contact the office immediately with a satisfactory explanation and an indication of the length of extension they require.
Criminality assessments
Background checks must be conducted for all applicants and their accompanying family members 18 years of age or older to ensure that they have not become inadmissible since their arrival in Canada. The Royal Canadian Mounted Police (RCMP) conducts screenings for criminal records on behalf of IRCC.
