What Happens After Approval
When the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB) accepts a refugee claim, the person becomes a protected person (Immigration and Refugee Protection Act (IRPA), s. 95(2)). A protected person is not yet a permanent resident; permanent residence is a separate application. The RPD sends a written Notice of Decision and the reasons, to counsel if there is counsel, and a copy to IRCC and the CBSA.
Immediately after approval, several important things happen:
- 1.Protection from removal: A protected person shall not be removed from Canada to a country where they would be at risk of persecution on a Convention ground, or at risk of torture or cruel and unusual treatment or punishment (IRPA s. 115(1)), subject to the exceptions in s. 115(2) for serious criminality with a danger opinion, and for security, human or international rights violations or organized criminality.
- 2.The Minister may appeal: The IRB states that IRCC or the CBSA has 15 days from receiving the decision to appeal it to the Refugee Appeal Division or to seek judicial review. If no notice of appeal is received within 15 days, the person can stay in Canada and may apply for permanent residence.
- 3.Permanent residence can be applied for at once: IRCC's guide for protected persons states that the application can be made any time after notification of the decision. Citizenship is a later step: a grant of citizenship requires at least 1,095 days of physical presence in Canada during the five years before applying (Citizenship Act, s. 5(1)(c)(i)), and each day spent in Canada as a protected person before becoming a permanent resident counts as a half day, up to 365 days (s. 5(1.001)).
- 4.Work and study authorization: An existing work permit stays valid until its expiry date. A protected person within the meaning of IRPA s. 95(2) may be issued an open work permit from within Canada (Immigration and Refugee Protection Regulations (IRPR), s. 207(c)) and may apply for a study permit from within Canada (IRPR s. 215(1)(g)).
- 5.Health coverage continues: IRCC states that Interim Federal Health Program coverage for a protected person lasts for 90 days after the positive decision or until the person qualifies for provincial or territorial health insurance. Eligibility for provincial health coverage, social assistance and other services is set by each province and territory.
Applying for Permanent Residence
A protected person may apply to remain in Canada as a permanent resident (IRPA s. 21(2)). Permanent residence is a separate status with its own rights and obligations, and it is required before applying for Canadian citizenship.
The PR application process includes:
Eligibility for PR
IRCC's guide states that a person the IRB has determined to be a Convention refugee or a person in need of protection, or who received a positive pre-removal risk assessment, may apply for permanent residence any time after being notified. There is no job, language or points requirement. An officer cannot approve the application while the refugee determination is subject to judicial review or the time for seeking it has not passed (IRPR s. 175(1)).
The Application Form
IRCC's application package for protected persons (Guide IMM 5205) lists the forms, documents and fees. Protected persons are exempt from the Right of Permanent Residence Fee. All family members must be listed on the application, and family members in Canada or abroad may be included in it (IRPR s. 176(1)). IRCC's website states how the application is submitted.
Medical and Security Checks
The application is assessed for admissibility. IRCC's guide and application page set out what is required; where a medical examination or police certificate is needed, IRCC sends instructions.
Processing Timeline
Processing times change and are not fixed by law; IRCC publishes current figures on its website. On approval the person becomes a permanent resident and receives a permanent resident card, which is valid for five years from the date of issue (IRPR s. 54(1)). IRCC states that the first card is free if the photo and address are sent within 180 days of becoming a permanent resident.
Travel Documents and International Travel
A protected person can apply for a refugee travel document, issued by the Government of Canada to Convention refugees and protected persons. IRCC states that this travel document cannot be used to go to the person's country of citizenship, and that travellers should contact the embassy of the country they plan to visit to confirm it will be accepted.
Refugee Travel Document
The refugee travel document is issued under Canada's passport program to Convention refugees and protected persons. Visa requirements for holders vary by destination, and the application is made through the passport program as described on the Government of Canada website.
Permanent Resident Card (PR Card)
A permanent resident card is valid for five years from the date of issue (IRPR s. 54(1)). IRCC states that a permanent resident returning to Canada on a commercial vehicle such as an airplane, boat, train or bus must show the PR card together with a passport or refugee travel document.
Important Travel Restrictions
Refugee protection can be found to have ceased where the person has voluntarily reavailed themself of the protection of their country of nationality, or has voluntarily become re-established in the country they left (IRPA s. 108(1)(a) and (d)). The Minister may apply to the RPD for a cessation determination (s. 108(2)), and a final cessation finding on those grounds also ends permanent resident status (s. 46(1)(c.1)). Travel to the country of persecution, or use of that country's passport, is the kind of conduct these provisions address.
Maintaining Permanent Residence
A permanent resident must be physically present in Canada for at least 730 days in every five-year period, or meet one of the other ways of complying listed in the Act (IRPA s. 28(2)(a)). IRCC states that the 730 days do not need to be continuous.
Your Rights in Canada
A protected person is in Canada lawfully and, like everyone in Canada, is protected by the Canadian Charter of Rights and Freedoms and by Canadian law. The main entitlements are:
- ✓Work: A protected person may be issued an open work permit from within Canada (IRPR s. 207(c)), which is not tied to one employer
- ✓Study: A protected person may apply for a study permit from within Canada (IRPR s. 215(1)(g)). Tuition rates are set by provinces and institutions
- ✓Health care: IFHP coverage continues for 90 days after the positive decision or until the person qualifies for provincial or territorial health insurance, whose rules are set provincially
- ✓Social benefits: The Canada Revenue Agency lists a protected person with a positive Notice of Decision from the IRB among those eligible for the Canada Child Benefit; other programs have their own rules
- ✓Right to legal protection: You are protected by Canadian law and can access the justice system
- ✓Right to freedom of expression: You have freedom of speech, religion, and assembly like other residents
- ✓Right to travel within Canada: You can travel freely throughout the country
- ✓Family: Family members may be included in the protected person's permanent residence application (IRPR s. 176(1)); sponsorship under the family class requires the sponsor to be a Canadian citizen or permanent resident (IRPR s. 130(1))
Your Obligations and Responsibilities
With your protected person status and rights come important obligations. These responsibilities help ensure you maintain your status and comply with Canadian law.
- •Obey Canadian laws: Federal, provincial and local laws apply. Serious criminality can make a person inadmissible and, in the circumstances set out in IRPA s. 115(2), can remove the protection against removal.
- •Meet the residency obligation once a permanent resident: Physical presence in Canada for at least 730 days in every five-year period, or another way of complying listed in IRPA s. 28(2)(a).
- •File taxes: Residents of Canada for tax purposes file an income tax return, and the Canada Revenue Agency states that benefits such as the Canada Child Benefit depend on a return being filed each year.
- •Keep contact information current: IRCC sends decisions and requests to the address on file for the permanent residence application, and provides an online tool for updating it.
- •Provide accurate information: Misrepresenting or withholding material facts in an immigration application is a ground of inadmissibility for both permanent residents and foreign nationals (IRPA s. 40(1)(a)).
Benefits and Social Services
A protected person living in Canada can access a number of government benefits and services. Each program has its own eligibility rules.
Healthcare
IRCC states that IFHP coverage for a protected person lasts 90 days after the positive decision or until the person qualifies for provincial or territorial health insurance. Registration with the provincial plan (for example OHIP in Ontario or MSP in British Columbia) is done under that province's rules.
Social Insurance Number (SIN)
You can apply for a SIN from Service Canada. This number is required for employment, taxes, and accessing government benefits.
Child Benefits
The Canada Revenue Agency lists a protected person who has received a positive Notice of Decision from the IRB among those eligible for the Canada Child Benefit, a monthly payment based on family income for children under 18.
Employment Insurance (EI)
If you lose your job, you may qualify for employment insurance benefits. Your employer deducts EI premiums from your pay, making you eligible.
Old Age Security (OAS)
Service Canada states that a person living in Canada qualifies for the Old Age Security pension at 65 if they are a Canadian citizen or a legal resident when the application is approved and have resided in Canada for at least 10 years since the age of 18.
Provincial Social Assistance
If self-support is not possible, qualification for provincial social assistance (welfare) may be available. Eligibility varies by province. Provincial ministries of social services provide information about programs.
Example Conversations After Approval
This shows language such as what you might encounter when discussing your next steps after receiving protected person status.
With a Settlement Worker Discussing the PR Application:
Settlement Worker:
"Congratulations on your positive decision. As a protected person you can apply for permanent residence at any time. Do you have any questions about the process?"
Language such as:
"Thank you. I would like to apply for permanent residence so I can stay in Canada permanently. What documents do I need to provide?"
Settlement Worker:
"IRCC's guide for protected persons lists the forms and documents. You will need your Notice of Decision, identity documents and information about every family member, including those outside Canada, because they can be included in your application. We can go through the checklist together today."
At Service Canada Applying for SIN:
Service Canada Agent:
"Welcome. I understand you have received protected person status and would like to apply for a Social Insurance Number?"
Language such as:
"Yes, I recently received a positive decision on my refugee claim and I would like to keep working. I have my Notice of Decision from the IRB, my work permit and my identification."
Service Canada Agent:
"Perfect. I can process your application today. Your SIN should arrive within a few days. This number will allow you to work and file taxes."
Planning Family Reunification
Family reunification for a protected person works mainly through the permanent residence application rather than through sponsorship. The rules are:
Family Members in the PR Application
A protected person applying to remain in Canada as a permanent resident may include any of their family members in the application, whether they are in Canada or abroad (IRPR s. 176(1)). IRCC's guide states that all family members must be listed on the application.
The One-Year Window
A family member outside Canada who was listed in the application has one year after the applicant becomes a permanent resident to apply to an officer for a permanent resident visa (IRPR s. 176(2)). Processing times are published by IRCC and are not fixed by law.
Sponsorship After Permanent Residence
Sponsorship under the family class, including of parents and grandparents, requires the sponsor to be a Canadian citizen or permanent resident, at least 18 years old and residing in Canada (IRPR s. 130(1)). A protected person who has not yet become a permanent resident cannot sponsor.
Next Steps
Contact IRCC to learn about sponsorship options for your specific family situation. Consider consulting with an immigration lawyer to understand your options and strengthen your application. In the meantime, maintain contact with your family and explore communication options.
Disclaimer: This information is provided for general informational purposes only and does not constitute legal advice. Immigration processes and entitlements can vary by province and individual circumstances. For specific questions about your protected person status or immigration options, contact IRCC or consult with a legal aid provider.