Temporary Resident Permits (TRPs) – Intake – Permanent Residence Fees and Procedures

The authorities do not charge a fee to foreign nationals when these individuals create Express Entry profiles in their MyCIC accounts. In addition, these individuals do not need to pay any fees when they register for the Government of Canada’s Job Bank either. However, the authorities require foreign nationals to pay the cost recovery fee when they submit their electronic application for permanent residence (e-APR). Thereafter, the authorities require these individuals to pay their Right of Permanent Residence Fee (RPRF) when the officers approve their applications.

The Cost Recovery for the Electronic Application for Permanent Residence (e-APR)

Applicants will need to pay the cost recovery fee when they submit their Electronic Application for Permanent Residence (e-APR). This proof of payment is part of their complete application. Applicants will typically need to pay their cost recovery fees by credit card via their MyCIC accounts. On receiving an application, the processing office will promote the Application for Permanent Residence (APR) in the Global Case Management System (GCMS). In addition, they will allocate the fee to the application.

Adding a Dependent After Submitting the Application for Permanent Residence (APR)

When a foreign national adds a spouse, common-law partner or dependent to their application after submitting the Electronic Application for Permanent Residence (e-APR), the processing office will need to update the addition in the Global Case Management System (GCMS) manually. Thereafter, the processing office will then need to request the appropriate fees from the applicant or refund the fees, wherever applicable.

The applicant will need to pay the additional cost recovery fee through e-payment on the website of Citizenship and Immigration Canada (CIC). This web page will provide the applicant with the option of paying either with a credit or a debit card.

The Right of Permanent Residence Fee (RPRF)

The authorities encourage applicants to pay the Right of Permanent Residence Fee (RPRF) at the time they submit their Electronic Applications for Permanent Residence (e-APRs). To make the payment at this stage, the applicants will need to pay the Right of Permanent Residence Fee (RPRF) by credit card via their MyCIC account. Once they make the payment, the system will set the Right of Permanent Residence Fee (RPRF) flag to ‘Complete’ in the Global Case Management System (GCMS). This will usually take place when the system loads the application into the Global Case Management System (GCMS).

In all other situations, the processing office will need to advise the applicant that it has processed their application. In addition, the processing office will need to inform the applicant that it will issue the visas if the applicant submits the appropriate Right of Permanent Residence Fee (RPRF). It is worth mentioning that the authorities will not issue the permanent resident visas until the applicant has paid the Right of Permanent Residence Fees (RPRF).

For paying the Right of Permanent Residence Fee (RPRF) after applying for permanent residence, the applicant will need to pay the additional cost recovery fee through e-payment on the website of Citizenship and Immigration Canada (CIC). This web page will provide the applicant with the option of paying either with a credit or a debit card.

Fee Repayments

Once the authorities accept an application as complete, they will not repay the processing fee. This applies even if the applicant requests for the withdrawal of the application or repays the processing fee.

Situations could arise where the officers reject the Application for Permanent Residence (APR) as incomplete. In this scenario, the processing office will need to repay the processing fee.

Officers will need to repay the Right of Permanent Residence Fee (RPRF) in case the applicant paid it at the time of Electronic Application for Permanent Residence (e-APR) and:

• The officers reject the application as incomplete
• The applicant requests a withdrawal of the application
• The officers refuse the application or,
• The applicant does not use the visa i.e. the applicant never lands in Canada

A completed application for a travel document for returning to Canada under the provisions specified in A31 (3) in addition to a payment of a $50 fee (in accordance with the provisions specified in R315) will initiate processing overseas. The authorities have not identified any fee exemptions for this service.

The provisions specified in A31 (2) (b) enable officers to consider a person outside Canada as not having permanent resident status in case this person does not possess a status document such as an IMM 1000, IMM 5292B or a Permanent Resident Card (PRC) that indicates permanent resident status.

What Does a Travel Document Allow?

It is worth mentioning that the travel document facilitates the movement of clients who are outside Canada without a status document, without conferring any status upon them. Possession of a travel document permits clients to travel to Canada and present themselves for examination at a Port of Entry (POE) without creating a presumption that they have the entitlement for entering Canada.

The authorities can issue a travel document to a permanent resident outside Canada who is not in possession of a status document that indicates permanent resident status. However, the officers will only do so once they have examined the individual and feel satisfied that the individual has met the prescribed residency and other requirements specified in A28. They will also confirm that the individual has addressed the interests of any child involved in accordance with the provisions specified in A28 (2) (c). Once they have confirmed this, the officers will issue the travel document.

It is worth highlighting that the travel document indicates the status of the holder. As such, it confers no status in and of itself. Thus, commercial transporters carrying passengers who hold a Travel Document issued by Citizenship and Immigration Canada (CIC) will not be subject to penalties if the authorities prove that those passengers are inadmissible upon their arrival in Canada.

Processing an Application for Permanent Residence (APR) in Canada from Protected Persons Under R175 (1) or Live-in Care Givers

The cost recovery processing fee (i.e. the Handling Public Monies (HPM) receipt) must accompany the application form i.e. IMM 0008EGEN – Application for Permanent Residence in Canada.

Processing an Application for Permanent Residence (APR) at a Visa Office Abroad

The applicant will need to pay the fee upon submitting the Application for Permanent Residence (APR) in Canada i.e. IMM 0008EGEN.

For Applicants Destined to the Province of Quebec

The lock-in date plays a significant role in determining the fee payable for dependents on an application in the case of skilled worker applicants destined for Quebec. For Quebec skilled worker and business cases, the legal lock-in date is the date of application for a Certificate of Selection for Quebec (CSQ) and not the date of application at a Canadian visa office.

However, this principle does not apply to provincial nominees. For instance, consider the case of a Quebec skilled worker, where the dependent child was 18 years of age when the applicant submitted the application for a Certificate of Selection for Quebec (CSQ). This child attained the age of 20 years at the time the embassy received the application. In this scenario, the fee payable would be $150 i.e. the fee for a family member of the principal applicant who is under 19 years of age and not a spouse or a common-law partner. In case the child was 19 years or older at the lock-in date (i.e. when Quebec received the application for a Certificate of Selection for Quebec (CSQ)), the fee would have been $550.

The Special Procedures for Convention Refugees and Humanitarian Protected Persons Abroad Classes (CR / HPPC) Cases

Visa offices that process large numbers of Convention Refugees and Humanitarian Protected Persons Abroad Classes (CR / HPPC) cases will often have arrangements whereby NGOs will manage the distribution of Applications for Permanent Residence (APRs) in Canada i.e. IMM 0008EGEN on their behalf. In most cases, the officers will screen any applications received through an NGO as a Convention Refugees and Humanitarian Protected Persons Abroad Classes (CR / HPPC) case. Thus, officers will need to remember that such applicants will be fee-exempt.

Fee Exemptions

Officers will need to refer to the Coding Handbook for more details.

Payment of the fee of either $150 or $550 will initiate processing of the application. However, officers will need to remember that for a principal applicant who is a dependent child, this application will be a Humanitarian and Compassionate (H&C) application. Thus, the fees payable would be $550.

The provisions specified in A25 (1) state:

The Minister shall, upon request of a foreign national who is inadmissible or who does not meet the requirements of [the IRPA], and may, on the Minister’s own initiative, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligation of [the IRPA] if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to them, taking into account:

• The best interests of a child directly affected, or by,
• Public policy considerations

In-Canada Applications

A completed application for authorisation to become a permanent resident under the provisions specified in A25 i.e. IMM 5291E, along with the payment of a fee of either $150 or $550 will serve to initiate processing. Applicants will need to submit the fee along with the application to the Case Processing Centre in Vegreville (CPC-V).

In addition, officers will need to remember that for a principal applicant who is a dependent child, this application will be a Humanitarian and Compassionate (H&C) application. Thus, the fees payable would be $550.

Overseas Applications

It is worth mentioning that there is no separate application form overseas. As such, a completed application for the acquisition of permanent residence status in any of the three main categories, along with a written request for Humanitarian and Compassionate (H&C) consideration will serve to initiate processing. The fees payable will be consistent with the fee schedule for the various types of permanent residence applications.

The Fee Exemptions

There are no fee exemptions inland. However, the fee exemptions overseas are the same as those for the class under which the client has applied for Humanitarian and Compassionate (H&C) consideration. Situations could arise where the officers might have refused the client under a previous file, but the client now wishes Humanitarian and Compassionate (H&C) consideration. In this scenario, the client will need to reapply for permanent residence and pay the associated fees of the type of application.

It is worth mentioning that business immigrants typically comprise entrepreneurs, investors and self-employed individuals. The fees for business class applications is:

• For the principal applicant – $1,050
• For family members aged 19 years or over, or under 19 years and a spouse or common-law partner – $550 and,
• For family members under 19 years of age and not a spouse or common-law partner – $150

Consider the example of a business immigrant with a spouse and three children, who applies for permanent residence at a visa office. Two of his children by his present wife are nine and 11 years of age. A daughter by a previous marriage is 23 years of age and married, but estranged from her husband and living with her father. The fee break-up in this case will be:

• For the principal applicant – $1,050
• For the spouse – $550
• For family members under 19 years of age -> $150 x 2 – $300
• For family members 19 years of age or older and married – $550

This makes the total fee payable $2,450.

The fees will be as follows:

• For the sponsor (per application) – $75
• For the principal applicant, including a conjugal partner with respect to the sponsor – $475

The exceptions that apply are:

• For a principal applicant under 19 years of age, not a spouse or common-law partner and described in R117 (1) (b) or R117 (1) (f), R117 (1) (g) or R117 (1) (H) – $75
• For a family member of a principal applicant who is 19 years of age or over, or under 19 years of age and is a spouse or common-law partner – $550
• For a family member of a principal applicant under 19 years of age and is NOT a spouse or a common-law partner – $150

The applicant will need to pay the cost recovery fee for processing an Application for Permanent Residence (APR) or a sponsorship undertaking:

• In case the applicant is a member of the family class in accordance with the provisions specified in R295 (1) (a) and,
• In case the applicant is a member of the Spouse or Common-Law Partner in Canada (SCLPC) class in accordance with the provisions specified in R301 (1) (a)

Consider the example of a permanent resident or a Canadian citizen who sponsors the family comprising a father, a mother and two siblings aged eight and 10 years. In this scenario, the fee payable would be:

• The sponsorship fee applied to the principal applicant – $75
• The father (as the principal applicant) – $475
• The mother – $550
• Two children below 19 years of age -> $150 x 2 – $300

This makes the total fee payable $1,400. In addition, it is worth mentioning that the applicant will need to pay the Right of Permanent Residence Fee (RPRF) prior to acquiring permanent resident status. Consider another example. A Canadian citizen submits a family class sponsorship undertaking on behalf of an orphaned niece who is 12 years old. The citizen has an intention to permanently adopt the child later in Canada. However, for the moment, the citizen is fulfilling an obligation to the citizen’s brother, who had named the citizen the legal guardian in the event of the brother’s death. In this scenario, the fee payable would be:

• The sponsorship application applied to the principal applicant – $75
• The principal applicant who is less than 19 years of age – $75

This makes the total fee payable $150.

Under the provisions specified in the Immigration and Refugee Protection Act (IRPA), the authorities do not require a lone, sponsored child who is less than 19 years of age and is not a spouse or a common-law partner and is the principal applicant, to pay the higher cost recovery processing fee. Instead, the authorities levy a processing fee of $150 for the dependent child. The authorities will collect the sum of $75 for the sponsorship application and levy the balance against the principal applicant. Situations could arise where the applicant includes other dependent children in the application. The additional children will need to pay $150 each.

The fee the authorities levy for these applicants is $325 per applicant. In addition, the authorities have not identified any fee exemptions for this service.

The authorities did not carry any Order in Council (OIC) landings into the Immigration and Refugee Protection Act (IRPA). However, officers have the ability to use the fees paid under the provisions of the Immigration Act for Order in Council (OIC) landings for finalising the cases under the Immigration and Refugee Protection Act (IRPA). As such, applicants need not pay any additional fees for the finalisation of these applications. This is in accordance with the provisions specified in R358.

The authorities require people who receive permanent residence based on the provisions specified in R64 to have resided continuously in Canada for at least three years in case they are inadmissible on health grounds. In addition, they will need to have resided continuously in Canada for at least five years if they are inadmissible under the provisions specified in A38 on grounds other than those described in:

• Section A34 i.e. security
• Section A35 i.e. violations of human or international rights
• Section A36 (1) i.e. serious criminality or,
• Section A36 (2) i.e. criminality

Officers will typically commence processing the application once the person has met the statutory requirements specified above i.e. three or five years on a Temporary Resident Permit (TRP) with no breach in continuity of the time requirements. The officers will need to issue a receipt and note in the appropriate box of the Immigration Cost Recovery Control Form i.e. IMM 5194B that the applicant has paid the fee. In addition, they will need to specify the receipt number.

The authorities have not identified any exemptions from the fee for a request for an application by a member of the permit holder class to remain in Canada. This is in accordance with the provisions specified in R302.

Temporary Inability or Refusal to Pay

Situations could arise where an applicant states that they are unable or unwilling to pay the fee immediately. In this scenario, the officers will need to counsel the applicant that there is no option for receiving the service without payment. Officers should urge such applicants to return when they have the ability and the willingness to do so. In addition, the officers will need to note this on the applicant’s file. It is worth mentioning that there is no authority to process a request for an application by a member of the permit holder’s class to remain in Canada unless the applicant has paid the appropriate fees.

The fees applicable are:

• For the principal applicant – $550
• For dependents aged 19 years or older or under 19 years of age and a spouse or common-law partner – $550
• For dependents under 19 years of age and not a spouse or a common-law partner – $150

People failing within the purview of this section comprise:

• Protected persons under the provisions specified in R175 (1)
• Federal skilled workers
• Quebec skilled workers
• Provincial nominees
• Live-in caregivers and,
• Applications to remain in Canada under the provisions specified in A25 (in-Canada only)

Consider the example of a skilled worker (Federal or Quebec). This foreign national submits an application to enter Canada as a skilled worker, accompanied by a spouse and two children 15 and 23 years. Both children are in school on a full-time basis and neither is a spouse or common-law partner. In this scenario, the fee payable would be:

• The principal applicant – $550
• The spouse – $550
• The family member aged 19 years or older and not a spouse or common-law partner – $550
• The family member under 19 years and not a spouse or common-law partner – $150

This makes the total fee payable $1,800.

The Special Cost Recovery Instructions Applicable to Federal Skilled Workers (FSW)

Applicants will need to submit all Federal Skilled Worker (FSW) applications, including the relevant cost recovery fees, to the Centralised Intake Office (CIO) in Sydney, Nova Scotia. Applicants will need to make their payments by certified cheque, money order, bank draft or credit card.

Situations could arise where some applicants opt to submit their cost recovery fee payment in the form of a certified financial instrument in Canadian dollars. In some cases, financial institutions are advising the Centralised Intake Office (CIO) that these payments have not cleared. The bank will often notify the Centralised Intake Office (CIO) several weeks or even months later.

Financial instruments might fail to clear because of different banking regulations in the country of residence and the financial institutions that the applicants are using. However, it is the applicant’s responsibility to ensure that they submit their applications with a complete cost recovery fee payment.

The Instructions

Effective immediately, the authorities require the Centralised Intake Office (CIO) and visa offices to follow the scenario-based instructions that follow for dealing with cost recovery issues when they process Federal Skilled Worker (FSW) applications under the Ministerial Instructions (MIs) of November 28, 2008 and any subsequent Ministerial Instruction (MI), unless otherwise directed. In some cases, the cost recovery issue might be beyond the applicant’s control. In this scenario, the officers will give the applicant only one opportunity for resolving the matter. However, the authorities will not give applicants who intentionally prevent making full payment any further opportunity for submitting a new cost recovery payment fee. Thus, the officers will refuse their applications as incomplete. This will usually be the case in applications where the applicant closes the bank accounts or cancels the credit cards used for making the payment.

The Instructions for Applications Received Between February 28, 2008 and June 25, 2008

• Scenario 1 involves:
  • The transfer of the file to the visa office by the Centralised Intake Office (CIO)
  • The cost recovery fee not cleared by the bank and the Centralised Intake Office (CIO) notified by the bank and,
  • The responsible visa office has not received the required forms and supporting documentation within the 120-day deadline
  • In this scenario:
    • The Centralised Intake Office (CIO) will notify the responsible visa office that the applicant owes the cost recovery fee and that the visa office should not continue processing the application in question until the fee payment has cleared
    • The visa office will make a note in the Global Case Management System (GCMS) that the Centralised Intake Office (CIO) has advised that the applicant’s cost recovery fee payment in the amount of $XXX has failed to clear the bank
    • In case the visa office does not receive a complete application within the 120-day deadline, it will cancel the application and make the following annotation in the Global Case Management System (GCMS) – “The CIO informed the applicant that he/she had 120 days to submit a complete application with supporting documents to this office. The CIO also informed the applicant that a final determination eligibility for processing according to the Ministerial Instructions of November 28, 2008, would be made at this office based on the information available as of the 120-day deadline. The applicant has not submitted a complete application and supporting documents. I have reviewed the available information and am not satisfied that there is sufficient evidence this application is eligible for processing. In addition, the CIO has advised this office that the applicant’s cost recovery fee payment in the amount of $xxxx has failed to clear the bank – see previous GCMS notes dated xxxx. NO cost recovery refund is owing to this applicant.”
    • Thereafter, the visa office will send a letter to the applicant notifying them of the outcome and that the authorities will not process any cost recovery fee refund
    • The visa office will notify the Centralised Intake Office (CIO) via the Case Processing Centre in Sydney (CPC-S) of the action taken on the file
    • The Centralised Intake Office (CIO) will contact the Case Processing Centre – Sydney Finance for the reconciliation of their records and,
    • The Centralised Intake Office (CIO) will update the notes in the Global Case Management System (GCMS) on the local Ministerial Instruction (MI) file at the Centralised Intake Office (CIO)
• Scenario 2 involves:
  • The transfer of the file to the visa office by the Centralised Intake Office (CIO)
  • The cost recovery fee initially not cleared by the bank and the Centralised Intake Office (CIO) notified by the bank and,
  • The responsible visa office has received the required forms and supporting documentation within the 120-day deadline
  • In this scenario:
    • The Centralised Intake Office (CIO) will notify the responsible visa office that the applicant owes the cost recovery fee and that the visa office should not continue processing the application in question until the fee payment has cleared
    • The visa office will make a note in the Global Case Management System (GCMS) that the Centralised Intake Office (CIO) has advised that the applicant’s cost recovery fee payment in the amount of $XXX has failed to clear the bank
    • The visa office will contact the applicant to request the submission of the cost recovery fee payment directly at the visa office within 60 days
    • The visa office will continue to process the application in case of receipt of the cost recovery fee payment within 60 days
    • In case the visa office does not receive a complete application within the 60-day deadline, it will refuse the application as incomplete and send a letter to the applicant notifying them of the outcome and that the authorities will not process any cost recovery fee refund
    • Thereafter, the visa office will cancel the application and record the following note in the Global Case Management System (GCMS) – “The CIO has advised this office that the applicant’s cost recovery fee payment in the amount of $xxxx failed to clear the bank – see previous GCMS notes dated xxxx. The applicant was contacted and asked to pay the cost recovery fee in the amount of $xxxx within 60 days directly to this office or no further processing would occur. The applicant has NOT paid the cost recovery fee as requested. Therefore, the application is incomplete and is not eligible for processing. NO cost recovery refund is owing to this applicant.”

The Instructions for Applications Received On or After June 26, 2010

• Scenario 3 involves:
  • A final positive eligibility determination at the Centralised Intake Office (CIO)
  • The cost recovery fee subsequently not cleared by the bank and the Centralised Intake Office (CIO) notified by the bank and,
  • The Centralised Intake Office (CIO) does not transfer the file to the visa office
  • In this scenario:
    • The Centralised Intake Office (CIO) should not continue processing the application until the clearance of the fee payment
    • In the Global Case Management System (GCMS), the Centralised Intake Office (CIO) will need to note that the applicant’s cost recovery fee payment in the amount of $XXX has failed to clear the bank
    • The Centralised Intake Office (CIO) will transfer the file to the Case Processing Centre – Sydney Finance, where it will remain pending further instructions
    • The Centralised Intake Office (CIO) will contact the applicant with a request for the payment of the cost recovery fees within 60 days, as the holder of the active Global Case Management System (GCMS) and paper files
    • The Centralised Intake Office (CIO) will continue to process the application in case of receipt of the cost recovery fee payment within 60 days
    • In case the Centralised Intake Office (CIO) does not receive a complete application within the 60-day deadline, it will refuse the application as incomplete and send a letter to the applicant notifying them of the outcome and that the authorities will not process any cost recovery fee refund
    • Thereafter, the Centralised Intake Office (CIO) will cancel the application and record the following note in the Global Case Management System (GCMS) – “The CIO was notified that the applicant’s cost recovery fee payment in the amount of $xxxx failed to clear the bank – see previous GCMS notes dated xxxx. The applicant was contacted and was asked to pay the cost recovery fee in the amount of $xxxx within 60 days directly to this office or no further processing would occur. The applicant has NOT paid the cost recovery fee as requested. Therefore, the application is incomplete and is not eligible for processing. NO cost recovery refund is owing to this applicant.”
• Scenario 4 involves:
  • A final positive eligibility determination at the Centralised Intake Office (CIO)
  • The Centralised Intake Office (CIO) does not transfer the file to the visa office
  • The cost recovery fee subsequently not cleared by the bank and the Centralised Intake Office (CIO) notified by the bank and,
  • In this scenario:
    • The Centralised Intake Office (CIO) will notify the responsible visa office that the applicant owes the cost recovery fee and that the visa office should not continue processing the application in question until the fee payment has cleared – the current processing stage of the file is not relevant
    • The visa office will make a note in the Global Case Management System (GCMS) that the Centralised Intake Office (CIO) has advised that the applicant’s cost recovery fee payment in the amount of $XXX has failed to clear the bank
    • The visa office will contact the applicant to request the submission of the cost recovery fee payment within 60 days, as the holder of the active Global Case Management System (GCMS) and paper files
    • The visa office will continue to process the application in case of receipt of the cost recovery fee payment within 60 days
    • In case the visa office does not receive a complete application within the 60-day deadline, it will refuse the application as incomplete and send a letter to the applicant notifying them of the outcome and that the authorities will not process any cost recovery fee refund
    • Thereafter, the visa office will cancel the application and record the following note in the Global Case Management System (GCMS) – “The CIO has advised this office that the applicant’s cost recovery fee payment in the amount of $xxxx failed to clear the bank – see previous GCMS notes dated xxxx. The applicant was contacted and asked to pay the cost recovery fee in the amount of $xxxx within 60 days directly to this office or no further processing would occur. The applicant has NOT paid the cost recovery fee as requested. Therefore, the application is incomplete and is not eligible for processing. NO cost recovery refund is owing to this applicant.”
    • The visa office will notify the Centralised Intake Office (CIO) via the Case Processing Centre in Sydney (CPC-S) of the action taken on the file
    • The Centralised Intake Office (CIO) will contact the Case Processing Centre – Sydney Finance for the reconciliation of their records

Note:

• In all cases, officers will need to direct applicants who subsequently contact the Centralised Intake Office (CIO) or the visa office requesting a refund after the 60 days have passed with the authorities not receiving the cost recovery fee payment, to contact the institution that issued their financial instrument for information on the reason the instrument has failed to clear

The Fee Exemptions The authorities have exempted the following people from paying the Application for Permanent Residence (APR) fee:

• People who make applications as members of the Convention refugees abroad class and the family members included in the person’s application
• People who make applications as members of one of the humanitarian protected persons abroad classes and the family members included in the member’s application and,
• People who are members of the protected temporary residents class and the family members included in their application

The authorities will charge an applicant’s family member, who is either a spouse or common-law partner, regardless of age, $550. In addition, they will charge family members under the age of 22 years who are not spouses or common-law partners $150.

It is not essential for the officers to consider such a family member as accompanying their parents. This is because the applicable fee will be the same regardless of whether the applicant includes a family member on a parent’s application or whether the applicant sponsors the family member at a later date as long as the applicant makes the application before the family member turns 22 years of age.

In addition, officers will need to remember that for a principal applicant who is a dependent child, this application will be a Humanitarian and Compassionate (H&C) application. Thus, the fees payable would be $550.

It is worth mentioning that the basic rule of cost recovery is that all the proposed immigrants remain subject to payment of a processing fee, unless the officers have identified an exemption. In the case of family members, the determining factors for applying the cost recovery fee are:

• The age
• The dependency levels and,
• The status as a spouse or common-law partner

The place of residence is not a factor in determining the processing fee.

The Maximum Fees

The Immigration and Refugee Protection Regulations (IRPR) came into effect on June 28, 2002. With the coming into force of these Regulations, the combination of the client’s class, age and marital status became the determinant for application of the maximum fee. In addition, the authorities increased the threshold age for maximum fees for family members from 19 to 22 years of age. This applies in case the family members are not spouses or common-law partners.

The Collection of Fees

The authorities shall only collect the fees for persons intending to immigrate. The authorities require applicants to list all family members (as defined by the provisions specified in the Immigration and Refugee Protection Regulations (IRPR) 3) on Applications for Permanent Residence (APRs). However, the officers will need to ensure that they do not collect the processing fees for those family members who will not be immigrating. This is in accordance with the provisions specified in R294.

With the introduction of the Immigration and Refugee Protection Act (IRPA), the authorities have included the fee for the Permanent Residence Card (PRC) in the fee for all Applications for Permanent Residence (APRs). Situations could arise where officers come across clients who landed before the coming into force of the Immigration and Refugee Protection Act (IRPA) or who acquired permanent resident status under the Immigration and Refugee Protection Act (IRPA) but did not meet the regulatory requirement of picking up their Permanent Residence Card (PRC) within 180 days of production. In this scenario, officers will need to ensure that these individuals pay the separate processing fee of $50 for the Permanent Residence Card (PRC).

The authorities require applicants to pay a fee of $50 for processing an application for the renewal of a Permanent Resident Card (PRC) or for the replacement of a lost, stolen or destroyed card made under the provisions specified in R53 (1) (b). The completion of the Permanent Resident Card (PRC) Application Kit i.e. IMM 5445E and the payment of the cost recovery processing fee of $50 will serve to initiate processing in Canada. Applicants will not need to pay any fee for the replacement of a Permanent Resident Card (PRC) because of an error on the part of Citizenship and Immigration Canada (CIC). The authorities have not identified any fee exemptions for this service.

For the purposes specified in A31 (1), the document indicating the status of a permanent resident is a Permanent Resident Card (PRC). The authorities only issue or provide these cards in Canada. The Permanent Resident Cards (PRCs) are optional for pre-Immigration and Refugee Protection Act (IRPA) permanent residents, who do not intend to travel.

With effect from December 31, 2003, the authorities require permanent residents to use this card for re-entering Canada after international travel, when using any commercial transportation.

It is worth mentioning that the Immigration and Refugee Protection Act (IRPA) does not require permanent residents to use their Permanent Resident Cards (PRCs) for identification purposes within Canada. However, clients could choose to show their Permanent Resident Cards (PRCs) when seeking a service from agencies that require proof of their status.

The Clients Who Acquire Permanent Resident Status Under the Provisions of the Immigration and Refugee Protection Act (IRPA)

Clients who acquire permanent resident status under the Immigration and Refugee Protection Act (IRPA) will usually have the fee for the Permanent Resident Card (PRC) included in their overall application fee. Thus, they will not need to pay any further fees for the service. However, once the client has acquired permanent resident status, they will need to provide a mailing address in Canada within 180 days of the date on which they acquired permanent resident status. Should they fail to do so, they will need to apply again and pay the $50 fee for obtaining the Permanent Resident Card (PRC). This is in accordance with the provisions specified in R58 (3).

The People Who Landed Under Previous Legislations

People whom the authorities landed under previous legislations might also apply for Permanent Resident Cards (PRCs) as a status document that serves to facilitate their return to Canada from overseas travel. In their case, the authorities will recover a fee of $50 for covering the cost of processing the Permanent Resident Card (PRC) application.

Renewing a Permanent Resident Card (PRC)

It is worth mentioning that the Permanent Resident Card (PRC) has an expiry date – similar to the practice with Canadian passports. This necessitates the need to renew the Permanent Resident Card (PRC) every five years in case the holder wishes to travel abroad by commercial carrier. In some cases, the authorities might only issue a Permanent Resident Card (PRC) for one year.

Note:

• The authorities consider a Permanent Resident Card (PRC) that has been damaged beyond use as destroyed

Refer to the table that follows.

The Description	The Amount
The Sponsorship fee (in accordance with the provisions of R304 (1)): Is always $75 Is paid per application Is lower for the principal applicant only because of the sponsorship fee and, Is not refunded if the sponsor is found ineligible to sponsor	$75
The principal applicant is a: Spouse, common-law partner, conjugal partner Mother, father, grandmother, grandfather Dependent child of the sponsor who is 19 years of age or older or who is married or in a common-law or conjugal relationship, regardless of age	$475
The principal applicant is: Under 19 years of age A dependent child of the sponsor (orphan or child to be adopted) Not a spouse, common-law partner or conjugal partner	$75
The family member of the principal applicant is: 19 years of age or older or, Under 19 years of age and is a spouse or a common-law partner	$550
The family member of the principal applicant is: Under 19 years of age and, Is not a spouse or common-law partner	$150

The fee is $490. There is also a special refund process.

The Background

With effect from February 28, 1995, the authorities introduced a Right of Landing Fee (ROLF) of $975. Under the Immigration and Refugee Protection Act (IRPA), the authorities retitled this as the Right of Permanent Residence Fee (RPRF), which is the name that the authorities have used in this section.

The authorities recognise that permanent residence has a value – both tangible and intangible – attached to it. There is an economic or market value that arises from an enhanced opportunity for improving one’s economic condition. In addition, there is also the value of having access to a wide range programs and services provided by the state at no or minimal cost. There is also an intangible value to having permanent resident status in Canada. The fee is therefore, partial compensation for the benefits that accrue to the person who acquires permanent resident status and serves to defray various costs incurred by the authorities in delivering the immigration program.

The authorities included the announcement of the fee in the 1995 Federal Budget. Similarly, the authorities expanded the Immigrant Loans Program for including provisions for a federal loan to assist immigrants in the payment of this new fee. The Regulations typically indicate the broad eligibility for a loan. Hence, the criteria established serve to focus on the need and the ability to repay the loan.

Initially, refugees were the primary recipients of Right of Landing Fees (ROLF) loans.

Since March 2000, the authorities have exempted applicants for permanent residence whom the authorities have determined to be refugees or members of the humanitarian protected persons abroad classes from having to pay the Right or Permanent Residence Fee (RPRF). Since this change came into effect, the demand for loans has dramatically decreased. In order to help alleviate the economic burden of immigrating, Budget 2006 included a reduction of the Right of Permanent Residence Fee to $490.

The Change in Terminology

With the coming into force of the Immigration and Refugee Protection Act (IRPA), the authorities no longer use the term ‘landing’. Instead, they consider clients as having acquired permanent resident status. The only exception to this are clients who become permanent residents under the provisions specified in A25 and who receive permanent resident status from the Minister.

The Legislative Authority

The Right of Permanent Residence Fee (RPRF) comes within the authority of section 19.1 of the Financial Administration Act (FAA). This section permits the charging of fees for the rights or privileges that the authorities might grant or confer on a person.

The Immigration and Refugee Protection Regulations (IRPR) describe the fee and remission provisions. The Right of Permanent Residence Fee (RPRF) remission comes under the authority of section 23 (2.1) of the Financial Administration Act (FAA).

The Fee Exemptions

The following individuals do not need to pay the Right of Permanent Residence Fee (RPRF):

• People who are family members and are dependent children of a principal applicant as defined in R1 (3)
  • This could typically include applicants who are 19 years of age or older and who might be spouses or common-law partners while still maintaining status as dependent children
  • Officers will need to refer to the definition of dependent child given in R2 (b) (ii)
• Principal applicants in Canada who have made applications in accordance with the provisions specified in R66 [Humanitarian and Compassionate (H&C)] and who are dependent children of Canadian citizens or permanent residents
• Members of the permit holder class who are dependent children of members of the permit holder class who have made applications to remain in Canada as permanent residents or those who are dependent children of Canadian citizens or permanent residents
• People who are members of the protected temporary residents class and are described in R151.1 (2) and the family members included in their applications
• Principal applicants who are foreign nationals and who are referred to in R117 (1) namely:
  • Dependent children of the sponsor
  • Orphaned brothers, sisters, nieces, nephews or grandchildren or,
  • Children seeking adoption
• Protected persons within the meaning given in A95 (2) who have applied to remain in Canada as permanent residents and their family members
• People who are members of the Convention Refugees Abroad Class and the family members included in their application and,
• People who are members of the Humanitarian Protected Persons Abroad classes and the family members included in their applications

All other people, with the exceptions listed above, who submit applications for permanent residence (APRs) will need to pay this fee. For more information, officers will need to refer to the Coding Handbook.

The Timing of Payment

The authorities require applicants to pay the Right of Permanent Residence Fee (RPRF) prior to the issuance of the permanent resident visa for applications processed at visa offices or the permanent resident record for applicants in Canada. Thus, each contact with the applicant will need to include a reminder that the applicant needs to pay the Right of Permanent Residence Fee (RPRF) and that the authorities will not issue the visa or that the client will not become a permanent resident (as the case might be) until the authorities receive this payment.

In addition, the officers will need to emphasise that the early payment of the Right of Permanent Residence Fee (RPRF) will avoid delays in finalising the processing of the application for those classes where it is appropriate e.g. priority family class cases. In other cases, the Right of Permanent Residence Fee (RPRF) instructions specify that clients will need to wait to pay the Right of Permanent Residence Fee (RPRF) until Citizenship and Immigration Canada (CIC) contacts them. This will usually be the case in cases such as family class sponsorships of parents and grandparents, where the processing time is usually longer.

Officers will need to make concerted efforts for soliciting payment at the early stages of processing. However, Citizenship and Immigration Canada (CIC) will also need to accept the payment of the Right of Permanent Residence Fee (RPRF), whenever the applicants submit it. This is a requirement of the Financial Administration Act (FAA). In addition, Citizenship and Immigration Canada (CIC) has no authority for refusing to refund the Right of Permanent Residence Fee (RPRF) upon the request of a client who has paid this upfront or at any time before the Right of Permanent Residence Fee (RPRF) is due for visa issuance / permanent residence status. This is a change to the past policy that the authorities would not refund Right of Permanent Residence Fee (RPRF) payments already submitted for applications in process, unless they refuse the application or the applicant withdraws it, or in case the application does not result in the granting of permanent residence status.

Situations could arise where clients could complete all the other documentary and regulatory requirements for acquiring permanent resident status but fail to pay the Right of Permanent Residence Fee (RPRF) and thus, complete the acquisition of the permanent residence process. In this scenario, there is no legal basis for closing the file. In addition, officers cannot consider the file as abandoned either.

The Inability or the Refusal to Pay the Right of Permanent Residence Fee (RPRF)

Situations could arise where the applicants complete the application process and the payment of the Right of Permanent Residence Fee (RPRF) remains outstanding. In this scenario, officers will need to advise the applicants that the officers will not be able to finalise the application until the applicants pay the Right of Permanent Residence Fee (RPRF).

The Procedures for the Back-End Collection of the Right of Permanent Residence Fee (RPRF)

For skilled worker, provincial nominee and business immigrant applications processed by a visa office abroad

The visa office will need to inform the client that officers have completed the processing of the application and that the authorities will issue the visa once the applicant submits the correct Right of Permanent Residence Fee (RPRF). The visa officer shall not proceed to issue the permanent resident fees until the applicant has paid the Right of Permanent Residence Fee (RPRF). The particular visa office will determine the timing of payment. This could vary according to local circumstances.

For family class applications, Undertakings of Assistance submitted to the Case Processing Centre Mississauga (CPC-M) with immigrant applications processed by a visa office abroad

The Case Processing Centre Mississauga (CPC-M) will receive the Undertaking of Assistance i.e. IMM 1344AE, collect the processing fees, process the sponsorship and forward the documents to the appropriate visa office along with the IMM 0008s.

Processing of the application at the visa office remains unchanged to the point where the officers are ready to issue the visa. At this stage, the visa office will notify the client that it has completed processing the application and that it will issue the visas as soon as the sponsor has submitted the Right of Permanent Residence Fee (RPRF) to the Case Processing Centre Mississauga (CPC-M). In addition, the visa office will inform the Case Processing Centre Mississauga (CPC-M) via e-mail, that the applicant is ready for visa issuance. The authorities have established a dedicated Signet E-mail account in Mississauga for the receipt of these messages. It is worth mentioning that officers should only use this e-mail address strictly for Right of Permanent Residence Fee (RPRF) request messages. This is because there will be no response to messages not pertaining to Right of Permanent Residence Fee (RPRF).

The authorities have created a separate account at the Case Processing Centre Mississauga (CPC-M) for general enquiries. For sending general enquiries, officers will need to ensure that the e-mail message includes the following information:

• The visa office file number
• The Case Processing Centre Mississauga (CPC-M) / Citizenship and Immigration Canada (CIC) file number
• The name of the sponsor and the client id and,
• The amount of Right of Permanent Residence Fee (RPRF) payment required

Upon receiving the notification that the applicant is ready for the issuance of a visa, the Case Processing Centre Mississauga (CPC-M) will notify the sponsor to make the Right of Permanent Residence Fee (RPRF) payment within 30 days. Thereafter, it will ‘BF’ the file for 30 days (plus additional mailing time) for ensuring follow-up action.

Once the applicant pays the Right of Permanent Residence Fee (RPRF), the Case Processing Centre Mississauga (CPC-M) will inform the appropriate visa office. The visa office will ensure that the medicals and security results are still valid prior to issuing the visas.

In case the sponsor does not respond with the Right of Permanent Residence Fee (RPRF) within 30 days of the request, the Case Processing Centre Mississauga (CPC-M) will send a second request for the Right of Permanent Residence Fee (RPRF), thereby giving the sponsor an additional 30-day period to comply. As was the case before, the Case Processing Centre Mississauga (CPC-M) will ‘BF’ the file for ensuring follow-up action.

In case the sponsor does not submit the Right of Permanent Residence Fee (RPRF) within 30 days following the second request, the Case Processing Centre Mississauga (CPC-M) will advise the visa office. The visa office will not proceed to visa issuance unless the sponsor pays the Right of Permanent Residence Fee (RPRF).

The Applications Processed by the Case Processing Centre Vegreville (CPC-V) to Completion and Transferred to a Canada Immigration Centre (CIC) to Grant Permanent Residence Status and Applications Referred by the Case Processing Centre Vegreville (CPC-V) to a Canada Immigration Centre (CIC) for Processing

Once the applicant is ready for becoming a permanent resident, the Case Processing Centre Vegreville (CPC-V) will need to send a letter to the applicant indicating that it is sending the file to the inland Canada Immigration Centre (CIC) closest to their residence. In addition, the Case Processing Centre Vegreville (CPC-V) will need to notify the applicant that the officers will schedule the applicant to attend a permanent residence interview. Officers will also need to urge the applicants to remain prepared for paying the Right of Permanent Residence Fee (RPRF) at the time of receiving permanent resident status.

Upon receiving the file from the Case Processing Centre Vegreville (CPC-V), the Canada Immigration Centre (CIC) will need to schedule the permanent residence interview. Officers will need to forward a letter specifying the time and date of the grant of permanent resident status to the applicant. This letter will remind the applicant to pay the Right of Permanent Residence Fee (RPRF) before receiving permanent residence status. Prior to the completion of permanent residence processing, officers will need to verify that the sponsor has paid the Right of Permanent Residence Fee (RPRF) and that the security clearance is still valid.

Situations could arise where the officers receive the Right of Permanent Residence Fee (RPRF) payment at the final permanent residence interview. In this scenario, the granting of permanent resident status could proceed as usual. However, in some cases, the applicant might appear at the permanent residence interview without having paid the Right of Permanent Residence Fee (RPRF). In this scenario, officers will need to ask the applicant to pay the Right of Permanent Residence Fee (RPRF) before the authorities can grant them permanent resident status. The authorities will give 30 days to the applicant for submitting the Right of Permanent Residence Fee (RPRF) following the request.

Similar procedures pertaining to the collection of the Right of Permanent Residence Fee (RPRF) will take place in cases referred to the Canada Immigration Centre (CIC) and processed to completion. In some cases, the applicant might not provide the Right of Permanent Residence Fee (RPRF) within the first 30-day period. In this scenario, officers will need to send a second request to the applicant, thereby giving an additional 30-day period. Again, the officers will need to ‘BF’ the file to ensure follow-up action. It is worth highlighting that the officers should not complete permanent resident status processing until the applicant pays the Right of Permanent Residence Fee (RPRF).

For Family class cases, applicants will need to pay the Right of Permanent Residence Fee (RPRF) in Canada to the appropriate Case Processing Centre (CPC). In all cases that involve applicants in Canada and family members overseas, the applicant or sponsor in Canada remains responsible for paying the Right of Permanent Residence Fee (RPRF).

The Coding for the Field Operations Support System (FOSS) / Computer Assisted Immigration Processing System (CAIPS) / Case Processing Centre (CPC) – Current and Valid Right of Permanent Residence Fee (RPRF) Codes

The table that follows lists all the current Right of Permanent Residence Fee (RPRF) operational codes with the corresponding descriptions of when officers should use these codes in the Computer Assisted Immigration Processing System (CAIPS) / Case Processing Centre (CPC) systems. It is worth mentioning that all systems require that officers fill three mandatory fields with a three-letter alpha code for indicating the type of transaction, the amount of fee collected and the receipt number.

The Code	The Description
LFA	Right of Permanent Residence Fee (RPRF) paid abroad
LFC	Right of Permanent Residence Fee (RPRF) paid in Canada
LFD	Right of Permanent Residence Fee (RPRF) payment deferred (Officers will need to use amended for including applications received after April 17, 1997, which do not have the Right of Permanent Residence Fee (RPRF) included with the application)
LFN	Right of Permanent Residence Fee (RPRF) not applicable
LFQ	Right of Permanent Residence Fee (RPRF) deferred pending Province of Quebec immigration decision
LFR	Right of Permanent Residence Fee (RPRF) refund
LFS	Right of Permanent Residence Fee (RPRF) supplementary
LLA	Right of Permanent Residence Fee (RPRF) loan approved
LXR	Exempt refugees (for Convention Refugees and Protected Persons)
With Effect from May 03, 2006
RFA	Residence fee paid abroad
RFC	Residence fee paid in Canada
RFR	Residence fee refunded
Additional Right of Permanent Residence Fee (RPRF) Code Used by in-Canada Offices Only
LFX	Right of Permanent Residence Fee (RPRF) excluded (For use in sponsorship cases where the officers had used ‘LFD’ for a member of a sponsored family where the authorities have now determined that member as being ineligible
Additional Right of Permanent Residence Fee (RPRF) Codes Used by the Computer Assisted Immigration Processing System (CAIPS) Offices Only
LFE	Fee paid elsewhere, file transferred
LFT	File transferred to another visa office
LRC	Right of Permanent Residence Fee (RPRF) refunded in Canada on family class refused case

It is worth mentioning that the authorities intend the alpha codes to record the latest transaction relating to the Right of Permanent Residence Fee (RPRF). However, it is possible that the officers could enter three or four codes during the course of processing.

Appeals and the Right of Permanent Residence Fee (RPRF)

Applicants for permanent resident status have a right of appeal against a negative decision. On occasions, these individuals might fail to file the appeal within the required time frame. In such cases, officers will need to refund the Right of Permanent Residence Fee (RPRF).

In case the applicant fails to win the appeal, the officers will need to refund the Right of Permanent Residence Fee (RPRF) after the authorities have rendered the appeal decision. In some cases, the authorities might grant the applicant another appeal mechanism or another level of appeal might be available to the applicant. In these circumstances, the authorities will require the applicants to repay the Right of Permanent Residence Fee (RPRF) upon receiving notification that the authorities have granted the appeal and prior to the acquisition of permanent residence.

Refused Cases with a Temporary Resident Permit (TRP)

Officers would consider as refused applicants whom they have determined to be inadmissible, but allowed to proceed to Canada with a Temporary Resident Permit (TRP). In such cases, officers would need to approve the refund of the Right of Permanent Residence Fee (RPRF).

According to normal procedures, offices that refuse the application will need to action the refund. As an exception to this, the Canada Immigration Centre (CIC) in Canada that receives the file will need to process this particular refund in Canadian dollars. In many cases, the visa offices abroad will transfer their case file to the Canada Immigration Centre (CIC) nearest to the destination of the person concerned.

In some cases, the authorities might deem the permit holder as having been rehabilitated or as having received a pardon (criminally inadmissible cases). In such cases, the officers will need to collect the Right of Permanent Residence Fee (RPRF). Similarly, the officers will need to collect the Right of Permanent Residence Fee (RPRF) if and when the permit holder seeks permanent residence under the provisions specified in A38 (1) (medically inadmissible cases).

It is worth mentioning that officers will need to ensure that they amend form letters accordingly to cover the need for a refund.

The sole exception to granting a refund upon identification of an inadmissibility would be situations where the person concerned would typically acquire permanent residence within a short period ranging from six months to a year. In these cases, officers would need to retain the Right of Permanent Residence Fee (RPRF) and apply it to the subsequent application.

The Early Admission Cases

The authorities typically expect applicants, issued Temporary Resident Permits (TRPs) to allow early admission, to acquire permanent resident status within a reasonable time frame after the completion of processing in Canada. As such, these individuals would not be eligible for a refund.

The sponsorship application fee is $75.

Sponsored Family Members

As part of the two-stage process for sponsorships, the Immigration and Refugee Protection Regulations (IRPR) introduced a sponsorship application fee of $75 in addition to the permanent residence fee. Officers assess the sponsor against the Low Income Cut Off (LICO) and other eligibility criteria prior to the processing of the permanent residence application. Situations could arise, during the initial assessment by the Case Processing Centre (CPC), where the officers determine that the sponsor does not meet the prescribed eligibility criteria and the sponsor has selected the refund option on the sponsorship application. In this scenario, the officers will need to return all funds except the $75 sponsorship application fee.

In sponsorship cases, the fee for the principal applicant (i.e. either $75 or $475) will typically constitute the balance of the total fee for an Application of Permanent Residence (APR). Thus, for a principal applicant under 19 years of age, not a spouse or common-law partner and defined in R117 (1) (b), R117 (1) (f), R117 (1) (g) or R117 (1) (h), the fee is $75, for a total fee of $150. For all other principal applicants, the fee will be $475, thereby making a total of $550. It is worth mentioning that the authorities determine the fees collected for the sponsorship of children based on the age and status of the children at the time of a completed application.

The Case Processing Centre Mississauga (CPC-M) and the Case Processing Centre Vegreville (CPC-V) i.e. Spouse or Common-law Partner in Canada (SCLPC) Class

Under the provisions specified in the Immigration and Refugee Protection Act (IRPA), officers will accept sponsorship undertakings in Canada only. Visa offices abroad will continue to play a role. But they will not play any role in the acceptance of sponsorship applications.

The authorities require the cost recovery processing fee to accompany the undertaking form, in case the officers do not identify any fee exemption. Thereafter, the officers will need to code the undertaking appropriately as ‘fee paid’. The visa office abroad will code this information in the Computer Assisted Immigration Processing System (CAIPS).