Moving From Protected Person to Permanent Resident
When your refugee claim is approved, you become a protected person in Canada. This status allows you to remain in Canada and access certain benefits. However, protected person status is not the same as permanent resident status. Becoming a permanent resident requires submitting an application for permanent residence and going through an additional application process.
Why Apply for Permanent Residence?
Permanent resident status provides greater security and rights in Canada. As a permanent resident, you can travel freely, sponsor family members, own property, and eventually apply for Canadian citizenship. Protected person status is valuable but more limited. Applying for permanent residence is an important step in establishing yourself in Canada.
Timing of Application
You may apply for permanent residence once you have been granted protected person status. Some people apply immediately after receiving their protection decision, while others wait to gather additional documentation or settle into Canada first. There is no requirement to apply immediately, but applying sooner rather than later is generally advisable.
Eligibility for Permanent Residence
As a protected person, you are eligible to apply for permanent residence. However, certain circumstances may affect your eligibility.
General Eligibility
If you have been granted protected person status (either as a Convention refugee or as a person in need of protection), you are eligible to apply for permanent residence. This is one of the pathways to Canadian permanent residence.
Ineligibility Factors
Your eligibility for permanent residence may be affected if you have been convicted of serious crimes since receiving protection. If you present a security risk or danger to the public, your application may be refused. If you have misrepresented information in your refugee claim, this may also affect your PR application.
Changes in Circumstances
If you have left Canada and returned, or if you have committed crimes after receiving protection, inform IRCC of these changes. These circumstances may affect your PR application processing or eligibility.
The PR Application Process
The permanent residence application process for protected persons is relatively straightforward compared to other immigration pathways.
How to Apply
Applications for permanent residence are submitted through Immigration, Refugees and Citizenship Canada (IRCC). After receiving a protection decision, IRCC may automatically begin processing a permanent residence application. In some cases, submission of an application may be required. Contacting IRCC to confirm whether an application needs to be submitted or if it has already been initiated is advisable.
Application Documents
You will need to complete application forms and provide identity documents, police clearance certificates, and other supporting documentation. IRCC will notify you of exactly what documents are needed. Do not send documents unless IRCC has requested them.
Processing Approach
IRCC processes PR applications for protected persons through a simplified procedure. Because you have already been investigated during your refugee claim process, IRCC does not repeat extensive background checks. However, they will conduct security and criminality checks and a medical examination.
Role of IRCC
An IRCC officer will review your file to ensure that you remain eligible for permanent residence and that no new concerns have emerged since your protection decision. The officer will make a decision to approve or refuse your permanent residence application.
Required Documents and Evidence
IRCC will request specific documents for your permanent residence application. Having these documents prepared in advance can speed up processing.
Identity Documents
- Valid passport or travel document
- National identification card or birth certificate
- Marriage certificate (if applicable)
- Children's birth certificates and identity documents
Police Clearance
You must provide police clearance certificates from countries where you have lived for extended periods since age 18. These certificates confirm that you do not have a criminal record in those countries.
Employment Records
If you have been working in Canada since receiving protection, provide employment letters and records. This demonstrates that you are establishing yourself and contributing to the Canadian economy.
Financial Information
Provide proof of income, tax returns (if filed), and documentation of assets or property. This information confirms that you are financially established.
Proof of Residence
Provide documentation confirming your residence in Canada, such as utility bills, lease agreements, or property ownership documents.
Updated Information
If any information in your refugee claim file has changed, provide updated documentation. This includes changes to your address, employment, family composition, or other personal information.
Security and Criminality Checks
IRCC will conduct security and criminality checks as part of your permanent residence application. These checks ensure that you do not pose a security risk or danger to the public.
Criminal Background Check
IRCC will check whether individuals have been convicted of crimes in Canada or elsewhere. If charges or convictions have occurred since receiving protection, disclosure of this information is required. Serious crimes may result in inadmissibility to Canada or refusal of a permanent residence application.
Security Check
IRCC and security agencies will conduct checks to ensure that you are not a security risk, are not involved in terrorism or extremism, and do not pose a threat to Canadian security. Cooperate fully with these investigations.
Disclosure Obligations
You have a legal obligation to disclose all information requested by IRCC truthfully and completely. Failure to disclose information or providing false information can result in your application being refused and may result in removal from Canada.
Medical Examination for PR
As part of your permanent residence application, you will be required to undergo a medical examination. This examination is to ensure that you are not inadmissible to Canada on health grounds.
When the Examination Occurs
IRCC will notify you when you are required to attend a medical examination. The examination is conducted by a physician designated by IRCC (called a panel physician). The examination is at no cost to you.
What the Examination Includes
The examination includes a physical assessment, review of your health history, screening for infectious diseases such as tuberculosis and HIV, and screening for other health conditions. You may be asked about any previous medical conditions or treatments you have received.
Medical Inadmissibility
A person may be found medically inadmissible if they have a health condition that is likely to be a danger to public health or safety, or if they would be unable to care for themselves and would likely to become a burden on the Canadian healthcare system. If you are found to be medically inadmissible, you may be able to appeal or seek a review of the decision.
Preparing for the Examination
Bring all required documents and your medication list to the examination. Inform the physician of any health conditions you have and any medical care you are receiving. Be honest and complete in answering all questions.
Timeline for PR Processing
The timeline for processing permanent residence applications for protected persons can vary, but it is generally shorter than the timeline for other immigration applications.
Application Submission
After receiving a protection decision, IRCC may automatically initiate a permanent residence application. If not, submission of an application within a reasonable timeframe is advisable. Beginning the process within months of a protection decision is recommended.
Processing Phase
Once your application is submitted, IRCC will review your file and conduct security and criminality checks. This phase can take several weeks to several months depending on current processing volumes and case complexity.
Medical Examination
IRCC will notify individuals when medical examination attendance is required. Attendance at the examination as scheduled is important. If an appointment is missed without providing a valid excuse, the application may be delayed or refused.
Final Decision
After all processing is complete, IRCC will issue a decision on your permanent residence application. Total processing time from application submission to final decision typically ranges from 3 to 12 months, though this can vary.
Checking Application Status
You can check your application status online through IRCC's website or by contacting IRCC. Keep track of your application reference number so you can inquire about the status if processing is taking longer than expected.
After Your PR Application Is Approved
Once your permanent residence application is approved, you have secured your status in Canada and can begin the process of obtaining your PR documentation.
Permanent Resident Card (PR Card)
After your permanent residence is approved, you will receive a Permanent Resident Card (PR card). This card is your proof of permanent resident status. It is required for travel in and out of Canada and is useful for identification purposes.
Rights and Responsibilities
As a permanent resident, you have the right to live, work, and study anywhere in Canada. You have access to social benefits on the same basis as Canadian citizens. You are responsible for following Canadian laws. If you commit serious crimes or engage in terrorism, your permanent residency may be revoked.
Sponsoring Family Members
Once you are a permanent resident, you may be able to sponsor family members to come to Canada. This includes spouses, children, and parents. Check with IRCC for current sponsorship requirements and options.
Path to Citizenship
As a permanent resident, you can eventually apply for Canadian citizenship. You must have been a permanent resident for a specific number of years (usually 3 out of the last 5 years) and meet other requirements. Canadian citizenship provides the ultimate security and access to all rights and privileges of Canadian citizenship.
Maintaining Your Status
Maintaining permanent resident status requires continued residence in Canada (unless the residence requirement for citizenship is met) and avoiding serious criminality. PR cards must be kept renewed and Canadian laws must be followed.