Applications for permanent residence: Protected persons
If the validity of the examination has expired, officers may seek an extension of the validity in specific circumstances from the Migration Health Branch. Refer to guidelines for reassessments of medical certificates before contacting the Migration Health Branch.
For more information, see Medical procedures.
Automatic partner notification to family members of protected persons
Automatic partner notification of HIV does not apply to members of the PTR class.
For more information, see Procedure for HIV positive cases.
Biometrics
On September 10, 2020, the Minister signed a temporary public policy exempting foreign nationals from the biometrics collection requirement (whether inside or outside of Canada) in support of their current application for permanent residence if they have provided their biometrics within the last 10 years. This includes eligible family members.
Note: If the client does not have previous biometrics, the agent or officer will need to manually send a biometric instruction letter (BIL).
TRP
There may be reasons to allow persons who are inadmissible under section A34, section A35, section A36(1), section A37, or paragraph A38(1)(a) or (b) to remain in Canada under the authority of the TRP.
If issuing a TRP is warranted, officers should
- email a full report and recommendation to the Director of Case Review, CMB, NHQ (red flagged to indicate high priority), and the Director General, CMD, and copy the Canada Border Services Agency (CBSA); and
- advise visa offices to stop processing applications from family members overseas.
Inadmissible applicant or family member
If it is determined that an applicant may be inadmissible on serious criminal, security or medical grounds, the processing office must transfer the file to the applicable local IRCC office for further review. If the application is refused, the client must be advised of the decision in writing and the office processing the file must inform the visa office (where there are overseas dependants) of the refusal.
If a family member for whom permanent residence is sought is inadmissible, the protected person and other family members may be granted permanent residence, as the general rule regarding inadmissible family members does not apply to protected persons seeking to become permanent residents [A42].
Note: Because the inadmissibility of a family member will not affect the admissibility of the principal applicant, non-concurrent processing is possible. It is not necessary to await the admissibility results for all dependants before the principal applicant is approved and landed.
The decision of an officer to refuse to issue a visa to an inadmissible or ineligible family member is not subject to reconsideration by the officer processing the application of the protected person in Canada.
If the applicant or a family member in Canada is inadmissible, a report under section A44 may be written on the individual concerned. The file should be transferred to the appropriate delegated authority.
4. Identity Documents
Protected persons and their family members may be granted permanent residence if the protected person is in possession of a valid passport or other document described in R50(1)(a) to (h), an identity document described in R178(1)(a), or statutory declarations described in R178(1)(b).
When the applicant is ready to be landed, the landing office should contact the CIC or CBSA office holding the passport or other identity documents (if previously seized) at least 72 hours in advance of the landing appointment.
While protected-person applicants for permanent residence may submit a national passport, officers are not to advise, counsel or instruct applicants to approach their embassy or other representative office to obtain a passport or other document.
Protected-person applicants who do not hold a passport or a travel document described in R50(1)(a) to (h) regardless of reason, may submit with their application the following documents described in R178(1):
- identity documents issued outside Canada before the entry of the person to Canada; or
- where there is a reasonable and objectively verifiable explanation related to country conditions for the applicant’s inability to obtain the identity documents referred to in R178(1), a statutory declaration made by the applicant attesting to their identity, accompanied by:
- the statutory declaration of a person who knew the applicant, a family member of the applicant, or the applicant’s father, mother, brother, sister, grandfather or grandmother prior to the applicant’s arrival in Canada, attesting to the applicant’s identity, or
- the statutory declaration of an official of an organization representing nationals of the applicant’s country of nationality or former habitual residence attesting to the applicant’s identity.
R178(2) requires:
- that an identity document accepted pursuant to R178(1)(a) be genuine, identify the applicant, and be credible evidence of that identity; and
- that the information in statutory declarations accepted pursuant to R178(1)(b) be consistent with information previously provided to the Department or the IRB and be credible evidence of identity.
The officer will determine whether the evidence of identity provided by the applicant meets the requirements of the applicable Regulations or not, and inform the applicant of the reason why the document is not acceptable.
