Applications for permanent residence: Protected persons

Applications with adverse criminal information should be referred to an officer for further review. If it is determined that an applicant may be inadmissible on serious criminal grounds, the officer must transfer the file to the applicable IRCC local office for further processing. If the application is refused, the client must be advised of the decision in writing.

Police certificates

Police certificates, clearances, or records of non-conviction are required for all applicants 18 years of age and over for both the country

• of residence before coming to Canada (unless this was the country of persecution), if the applicant has resided there for 6 months or more
• where the applicant has spent most of their adult life since the age of 18 (unless this was the country of persecution)

An officer may still request additional police certificates for any additional countries in which the applicant may have resided if there are concerns that rise to the reasonable grounds to believe threshold.

These checks are used to help an officer make a criminality admissibility determination. If it is determined that an applicant may be inadmissible on serious criminal grounds, the officer must transfer the file to the applicable IRCC local office for further processing. If the application is refused, the client must be advised of the decision in writing.

Security screening

Security, Human or International Rights Violations (HIRV), or Organized Crime

Background and security 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.

Protected temporary residents class (PTR class)

This class was created to facilitate the acquisition of permanent resident status by refugees in urgent need of protection. Members of the class, who are issued temporary resident permits (TRPs) to come to Canada before a permanent resident visa can be issued abroad, may apply for permanent residence from within Canada but without the applicable waiting period as required by the permit holder class. There is no fee for applications made in this class.

Eligibility for permanent resident status in the PTR class

TRP holders may become permanent residents in this class provided they either

• became a temporary resident on the basis of a TRP issued for protection reasons, after having made a claim for refugee protection outside Canada under section 99 of the Immigration and Refugee Protection Act; or
• were issued a Minister’s permit under the former Act after seeking admission to Canada as members of the Convention refugee class, source country class or country of asylum class.

PTR class applicants and their accompanying family members will not be required to undergo another security check if the original security check is still valid. Should the security clearance be expired (it remains valid for 48 months), another security clearance is required. The IRCC processing office will initiate the second clearance as necessary in GCMS.

Medical examination

Protected persons (including members of the protected PTR class) and their accompanying family members in Canada and abroad are required to undergo a medical examination [R30(1)(a)].

Protected persons (including members of the PTR class), and their accompanying family members will not be required to undergo a subsequent medical examination if they have a valid and unexpired medical certificate indicating they are not inadmissible on health grounds.

The medical examination is not for the purpose of declaring a protected person or their family members to be medically inadmissible in accordance with subsection A38(2). The examination takes place to identify medical conditions so that treatment can occur. Inadmissibility on health grounds based on excessive demand on health and social services does not apply to protected persons (including members of the PTR class) or their family members in Canada and abroad. They may be granted permanent residence.

However, they would be inadmissible on health grounds if they are likely to be a danger to public health and safety [A38(1)(a) and (b)]. An application for permanent residence by an inadmissible person will be refused in this case. Refusal of the application does not affect the determination regarding the need for protection, and any applicant who is a protected person may remain in Canada. Officers should verify in GCMS whether applicants and family members in Canada have completed a medical examination.

If it is indicated that a medical examination has not been completed, officers should send the applicant medical forms [IMM 1017] and a list of designated panel physicians.