Temporary Resident Permits (TRPs) – Processing – Applying for Permanent Residence

Sep 20, 2017 – This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada (IRCC) staff. The authorities have posted this information on the Department’s website as a courtesy to all stakeholders.
The Eligibility Criteria

It is worth mentioning that Temporary Resident Permit (TRP) holders might be eligible for applying for permanent residence as members of the permit holder class in case they meet certain requirements. In particular, Temporary Resident Permit (TRP) holders might be eligible to apply for permanent residence as members of the permit holder class if all of the following stipulations apply:

• They have not become inadmissible on any grounds other than those for which the authorities had issued the original Temporary Resident Permit (TRP)
• They hold a valid Temporary Resident Permit (TRP) at present and,
• They have resided continuously in Canada as permit holders for three to five years – based on the nature of their original inadmissibility

The authorities require applicants in the permit holder class to meet the other requirements prescribed in the Immigration and Refugee Protection Regulations (IRPR) and the Immigration and Refugee Protection Act (IRPA) as well.

It is worth mentioning that there is no discretion involved in granting permanent resident status to members of the permit holder class who meet the applicable requirements.

The Guidelines Pertaining to the Validity of a Temporary Resident Permit (TRP)

The validity of an initial or a subsequent Temporary Resident Permit (TRP) typically ranges from one day to three years. This is in accordance with the provisions specified in section 63 of the Immigration and Refugee Protection Regulations (IRPR). However, it is worth highlighting that if the holder of the Temporary Resident Permit (TRP) leaves Canada without obtaining prior authorisation to re-enter Canada, the Temporary Resident Permit (TRP) will no longer be valid.

Situations could arise where the Temporary Resident Permit (TRP) expires and the person does not apply for a new permit prior to the expiration. Such situations could lead to a break in continuity under the permit holder class. Thus, when determining the validity period, officers will need to ensure that:

• They issue the Temporary Resident Permit (TRP) only for the time required e.g. for one week to admit a person to attend a conference etc.
• They assess whether an ongoing and compelling need for the Temporary Resident Permit (TRP) exists and if so, weight that vis-à-vis the risks
• They consider whether any new grounds for inadmissibility have arisen since the issuance of the previous Temporary Resident Permit (TRP) (if applicable) and,
• They remain mindful of the fact that Temporary Resident Permit (TRP) holders could become eligible to apply for permanent resident status under the permit holder’s class after the specified spans of time

In some cases, the authorities might have authorised the Temporary Resident Permit (TRP) holder to work or study. In this scenario, the officers will need to ensure that the validity period of all the documents remains the same.

The authorities require officers to consult the Case Management Branch (CMB) in cases of serious criminality. In this scenario, the Case Management Branch (CMB) could recommend the length of the validity of the Temporary Resident Permit (TRP).

Note:

• In the view of the authorities, three years amounts to 1,095 days i.e. 365 days x 3
• As such, when calculating the expiration date of the Temporary Resident Permit (TRP), officers will need to add the intended length of the Temporary Resident Permit (TRP) from the current date and subtract one day
• However, an exception applies if the period in consideration includes leap years i.e. 2016, 2020 and 2024
• Leap years invariably feature 366 days
• As such, the officers will need to count the expiration date as the intended length of the Temporary Resident Permit (TRP) from the current date minus two days

The Conditions that Temporary Resident Permit (TRP) Holders Need to Comply With
The authorities require Temporary Resident Permit (TRP) holders to:

• Leave Canada prior to the expiration date specified on the Temporary Resident Permit (TRP) or upon the cancellation of the Temporary Resident Permit (TRP) by an officer
• Apply for a subsequent Temporary Resident Permit (TRP) prior to the expiry of their Temporary Resident Permit (TRP) in case they want to maintain their temporary resident status in Canada and,
• Apply for and obtain a counterfoil that enables them to return to Canada in case all the following stipulations apply in their circumstances:
  • They are from a country whose citizens require a Temporary Resident Visa (TRV) and,
  • They have the relevant authorisation for re-entering Canada

It is worth mentioning that Temporary Resident Permit (TRP) holders who do not comply with the provisions stipulated in the Immigration and Refugee Protection Regulations (IRPR) or the Immigration and Refugee Protection Act (IRPA) could well become subject to:

• The cancellation of their Temporary Resident Permit (TRP)
• An inadmissibility A44 (1) report and,
• A removal order

Similarly, Temporary Resident Permit (TRP) holders whose circumstances change could also be subject to the above-mentioned actions.
The Guidelines that Pertain to Temporary Resident Permit (TRP) Holders When They Re-Enter Canada

It is worth highlighting that Temporary Resident Permits (TRPs) are not usually valid for re-entry to Canada. However, the authorities permit officers to authorise this in exceptional circumstances. Officers will need to record the authorisation to re-enter Canada accurately in the Global Case Management System (GCMS). In addition, the Temporary Resident Permit (TRP) will need to specify ‘DEPARTURE FROM CANADA WILL NOT INVALIDATE THIS TEMPORARY RESIDENT PERMIT UNDER REGULATION R63 (b).’ For more details on the manner in which officers will need to record this information in the Global Case Management System (GCMS), officers will need to refer to the online help provided in the Global Case Management System (GCMS).

Besides this, officers will need to counsel Temporary Resident Permit (TRP) holders who have received the authorisation for re-entering Canada that:

• The Temporary Resident Permit (TRP) is not a travel document
• The Temporary Resident Permit (TRP) holders will need to be in possession of a valid travel document or passport in order to return to Canada
• The Temporary Resident Permit (TRP) holder might require a Temporary Resident Visa (TRV) counterfoil in order to travel to Canada – this is usually required in case the Temporary Resident Permit (TRP) holder is from a visa required country and,
• The Temporary Resident Permit (TRP) holder will always be subject to examination upon re-entering Canada and that the officers of the Canada Border Services Agency (CBSA) could refuse entry into Canada, even if the Temporary Resident Permit (TRP) authorises re-entry

Situations could arise where an officer of the Canada Border Services Agency (CBSA) comes across a Temporary Resident Permit (TRP) holder, who is in possession of a valid permit and is returning to Canada, but does not have the proper authorisation for returning to Canada. In this scenario, the officer will need to seize the permit and cancel it in the Global Case Management System (GCMS). This is because the permit is no longer valid. In addition, the officer will need to examine all the factors associated with the person at the time when the person is seeking to enter Canada. This is because the circumstances might have changed from the time of issuance of the previous Temporary Resident Permit (TRP).

The Ineligibility Factors – A Break in Continuity

The authorities do not consider Temporary Resident Permit (TRP) holders to be eligible for permanent residence in the permit holder class if they do not meet the requirement of continuous residence and holding of a Temporary Resident Permit (TRP). In short, Temporary Resident Permit (TRP) holders will not be eligible for permanent residence if there has been a break of continuity in their residence in Canada. This is in accordance with the provisions specified in R65 (b).

In the view of the authorities, a break in continuity typically occurs when Temporary Resident Permit (TRP) holders leave Canada without having the authorisation for re-entry. Alternatively, a break in continuity could occur when Temporary Resident Permit (TRP) holders do not apply for a subsequent permit prior to the expiration of their existing permit as well. In both situations, the authorities could still issue a new Temporary Resident Permit (TRP). However, officers would mark the permit holder’s electronic file with a break in continuity. As a result, this break in continuity could affect the eligibility of these individuals for permanent resident status.

In some cases, the individuals concerned could obtain the authorisation to re-enter. However, even with this authorisation, prolonged spans of time of absence from Canada could well lead to a finding that there has been a break in continuity of residence in Canada. In these cases, officers could use a limited degree of flexibility and discretion when it comes to interpreting what constitutes a break in continuity. For instance, a short break that is outside the client’s control might not necessarily warrant the officers considering it as a break in continuity. If necessary, officers could request the individual to provide the relevant documentation. This would help in demonstrating the reason for the individual’s absences from Canada.

The Ineligibility Factors – Other Inadmissibility

Other inadmissibility factors could render Individuals who become inadmissible on any other ground since the issuance of the Temporary Resident Permit (TRP) ineligible for permanent residence. Situations could arise where individuals become subject to a new inadmissibility. In this scenario, officers will need to reassess the case. In addition, they will need to reassess the new inadmissibility. Thereafter, if the case warrants it, they will issue a new permit.

Situations could arise where officers come across individuals who are inadmissible because of security, human or international rights violations, serious criminality or organised crime. In this case, officers will need to remember that people who are inadmissible for the reasons listed below are not entitled to apply for permanent residence in the permit holder class:

• For security reasons – in accordance with the provisions specified in A34
• For human or international rights violations – in accordance with the provisions specified in A35
• For serious criminality – in accordance with the provisions specified in A36
• For involvement in organised crime – in accordance with the provisions specified in A37[/accordion]

The Ineligibility Factors – The Periods of Residence Required
In order to be eligible for the permit holder class, the individual will need to meet the requirements specified above. In addition, the individual will need to have resided in Canada continuously as a valid Temporary Resident Permit (TRP) holder for a duration of:

• At least three years while being:
  • Inadmissible on health grounds under the provisions specified in section A38 (1) or,
  • Inadmissible for having come to Canada as an accompanying family member of a foreign national who is inadmissible on health grounds or,
  • Inadmissible on the grounds of having come to Canada as an accompanying family member of a person described above OR,
• At least five years while being inadmissible on any grounds except the ones that follow with the exception of security, violation of human or international rights, serious criminality and organised crime:
  • Inadmissible on health grounds under the provisions specified in section A38 (1) or,
  • Inadmissible for having come to Canada as an accompanying family member of a foreign national who is inadmissible on health grounds or,
  • Inadmissible on the grounds of having come to Canada as an accompanying family member of a person described above

It is worth mentioning that people who are inadmissible for the reasons listed below are not entitled to apply for permanent residence in the permit holder class:

• For security reasons – in accordance with the provisions specified in A34
• For human or international rights violations – in accordance with the provisions specified in A35
• For serious criminality – in accordance with the provisions specified in A36
• For involvement in organised crime – in accordance with the provisions specified in A37

In order to gain acceptance into the permit holder class, the individuals will need to make an application and pay the appropriate processing fee.

It is worth highlighting that the authorities could find a Temporary Resident Permit (TRP) holder who has received a permit for protection reasons to be ineligible even after the officers have assessed the individual’s application for permanent residence under the protected permit holder class. In such cases, the individual will need to reside continuously in Canada on a Temporary Resident Permit (TRP) for the specified span of time. Only then could they qualify as a member of the permit holder class and thus, gain permanent residence.

The Protected Temporary Residents Class

Processing Applications for Permanent Resident – Stage 2 – Admissibility

Prior to granting permanent residence to a protected person, the authorities will need to ensure that they meet certain objectives. For instance, before they grant permanent residence to a protected person, the authorities will need to ensure that they meet the following objectives:

• To provide a safe haven to people with a well-founded fear of persecution based on Refugee Convention grounds – including those at risk of torture or cruel or unusual treatment or punishment
  • This is in accordance with the provisions specified in A3 (2) (d)
• To protect the health and safety of Canadians and to maintain the security of Canadian society
  • This is in accordance with the provisions specified in A3 (2) (g)
• To promote international order, justice and security by denying access to Canadian territory to people, including protected persons, who are security risks or serious criminals

In order to meet the first objective, the authorities have provided an exemption to protected persons from some of the grounds of inadmissibility that usually apply to other people seeking permanent residence. Similarly, the authorities ensure that they meet the other objectives by requiring all people to undergo the prescribed medical and security clearances prior to giving these individuals permanent residence.

It is worth mentioning that the authorities could grant permanent residence to Convention refugees or protected persons and the family members included in their applications for permanent residence, unless these individuals are inadmissible under the provisions specified in A34, A35, A36 (1), A37 or A38 (1) (a) or A38 (1) (b). The authorities require officers to be mindful of the fact that the inadmissibility of a family member will have no bearing on the admissibility of a protected person.

Under the provisions specified in A34, a permanent resident or a foreign national is inadmissible on security grounds for:

• Engaging in acts of espionage that are against Canada or that are contrary to Canada’s interests
• Engaging in or instigating the subversion of any government by force
  • Engaging in acts of subversion against a democratic government, institution or process in accordance with the understanding of the authorities in Canada
• Engaging in terrorism
• Being a danger to the security of Canada
• Engaging in acts of violence that would or might imperil the lives or safety of people in Canada or,
• Being a member of an organisation of which the authorities have reasonable grounds to believe engages, has engaged or will engage in acts such as:
  • Acts of espionage that are against Canada or that are contrary to Canada’s interests
  • The subversion of any government by force
    • This will include engaging in acts of subversion against a democratic government, institution or process in accordance with the understanding of the authorities in Canada or,
  • Terrorist acts

Similarly, under the provisions specified in A35, the authorities will consider a permanent resident or a foreign national to be inadmissible on grounds of violating human or international rights for:

• Committing acts outside Canada that constitute an offence referred to in the provisions specified in sections four to seven of the Crimes Against Humanity and War Crimes Act
• Being a prescribed senior official in the service of a government that, in the opinion of the Minister, engages in or has engaged in terrorism, systematic or gross human rights violations, or genocide, a war crime or a crime against humanity within the prescribed meaning given in the provisions specified in subsections 6 (3), 6 (4) and 6 (5) of the Crimes Against Humanity and War Crimes Act or,
• Being a person, other than a permanent resident, whose entry into or stay in Canada the authorities have restricted pursuant to a decision, resolution or measure of an international organisation of states or association of states, of which Canada is a member, that imposes sanctions on a country against which Canada has imposed or has agreed to impose sanctions in concert with that organisation or association

In accordance with the provisions specified in A36 (1), the authorities will consider a permanent resident or a foreign national as being inadmissible on the grounds of serious criminality for:

• Having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which the authorities have imposed a term of imprisonment of more than six months
• Having been convicted of an offence outside Canada that, in case it had been committed in Canada, would have constituted an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years or,
• Committing an act outside Canada that is an offence in the place where it was committed and that, had the crime been committed within Canada, would have constituted an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years

In accordance with the provisions specified in A37, a permanent resident or a foreign national would be inadmissible on grounds of organised criminality for:

• Being a member of an organisation that the authorities believe on reasonable grounds, is engaged or has been engaged in the past in activities that are part of a pattern of criminal activity planned and organised by a number of people acting in concert in furtherance of the commission of an offence punishable under an Act of Parliament by way of indictment, or in furtherance of the commission of an offence outside Canada that, had the offence been committed in Canada, would have constituted such an offence, or engaging in activity that is part of such a pattern or,
• Engaging, in the context of transnational crime, in activities such as people smuggling, trafficking in people or laundering of money or other proceeds of crime

It is worth highlighting that the stipulations specified above (pertaining to A37) do not lead to a determination of inadmissibility solely by virtue of the fact that the permanent resident or foreign national entered Canada with the assistance of a person who is involved in organised criminal activity.

Similarly, in accordance with the provisions specified in A38, a foreign national will be inadmissible on health grounds in case the person’s health condition:

• Is likely to be a danger to public health
• Is likely to be a danger to public safety or,
• Might reasonably be expected to cause excessive demand on health or social services

However, an exception applies in this case.

The above stipulations (pertaining to A38) do not apply in the case of a foreign national who:

• Has been determined to be a member of the family class and to be the spouse, common-law partner or child of a sponsor within the meaning of the regulations
• Has applied for a Permanent Resident Visa (PRV) as a Convention refugee or a person in similar circumstances
• Is a protected person or,
• Is the spouse, common-law partner, child or other family member of a foreign national (where prescribed by the regulations) who:
  • Has been determined to be a member of the family class and to be the spouse, common-law partner or child of a sponsor within the meaning of the regulations
  • Has applied for a Permanent Resident Visa (PRV) as a Convention refugee or a person in similar circumstances or,
  • Is a protected person

Processing Applications for Permanent Resident – Stage 2 – The Extrinsic Information and Procedural Fairness

In the view of the authorities, extrinsic information refers to:

• Information that is obtained from a source other than the applicant and,
• Information that the applicant does not have access to or is not aware of, which the authorities are using during the decision making process

The authorities require officers to inform the applicant in writing of any extrinsic information that the officers are using in the decision. In the view of the authorities, the officers will need to provide applicants with the opportunity of responding to this matter by providing any information that the applicants would like the officers to consider. As such, the letter will need to describe the extrinsic information. If applicable, the letter will also need to describe in detail the manner in which this extrinsic information differs from that provided by the applicant, to the extent that the authorities could view this information as a misrepresentation of a material fact and / or render the applicant ineligible for permanent residence.

The officers will need to instruct the applicant to write to the office within 60 days of the date of the letter. In addition, they will need to notify the applicant that in case the applicant fails to respond, this failure to respond will result in a decision based on the information on file – including the extrinsic information. Besides this, officers will also need to inform the applicants that the applicants could obtain an extension of the 60-day time period by contacting the office immediately with:

• A satisfactory explanation and,
• An indication of the length of the extension that they require

Processing Applications for Permanent Resident – Stage 2 – The Security and Criminal Screening

The authorities require officers to conduct background and security checks for all the applicants and their accompanying family members 18 years of age or older. This is to ensure that these individuals have not become inadmissible since their arrival in Canada. The Case Processing Centre in Vegreville (CPC-V) or the local Immigration, Refugees and Citizenship Canada (IRCC) office will need to initiate this clearance procedure in the Global Case Management System (GCMS).

In addition, the authorities require protected persons to submit Police Clearance Certificates (PCCs) from the countries in which these individuals have resided for more than six months since attaining the age of 18 years. It is worth mentioning that the authorities do not require Police Clearance Certificates (PCCs) from the countries in which the applicant sought protection.

The officers will typically communicate the results of the Canadian Security Intelligence Service (CSIS) and Royal Canadian Mounted Police (RCMP) checks via the Global Case Management System (GCMS). The officers use these results for making admissibility determinations. In case the officer determines that an applicant is inadmissible on serious criminal or security grounds, the Case Processing Centre in Vegreville (CPC-V) will need to transfer the file to the applicable Immigration, Refugees and Citizenship Canada (IRCC) office for refusal. In case the authorities refuse the application, the officers will need to advise the client of the decision in writing.

Processing Applications for Permanent Resident – Stage 2 – The Protected Temporary Residents (PTR) Class

The authorities created the Protected Temporary Residents (PTR) class in order to facilitate the acquisition of permanent resident status by refugees who are in urgent need of protection. As such, members of the class to whom the authorities issue Temporary Resident Permits (TRPs) to come to Canada before the authorities can issue Permanent Resident Visas (PRVs) abroad, have the ability to apply for permanent residence from within Canada. However, these individuals will not need to go through the applicable waiting period as members of the permit holder class will typically need to. In addition, there is no fee for applications made in this class either.

The Eligibility Criteria for Permanent Resident Status in the Protected Temporary Residents (PTR) Class

Temporary Resident Permit (TRP) holders could become permanent residents in this class provided they either:

• Become temporary residents on the basis of a Temporary Resident Permit (TRP) issued for protection reasons, after having made a claim for refugee protection outside Canada under the provisions specified in section 99 of the Immigration and Refugee Protection Act (IRPA) or,
• Received a Minister’s permit under the provisions of the former Act after seeking admission to Canada as members of the Convention refugee class, source country class or country of asylum class

It is worth highlighting that the authorities will not require Protected Temporary Residents (PTR) class applicants and their accompanying family members to undergo another security check in case the original security check is still valid. In some cases, the security clearance might have expired. In this scenario, the authorities will require another subsequent clearance. The Case Processing Centre in Vegreville (CPC-V) or the local Immigration, Refugees and Citizenship Canada (IRCC) office will need to initiate the second clearance as this is essential in the Global Case Management System (GCMS).

Processing Applications for Permanent Resident – Stage 2 – The Medical Examination

The authorities require protected persons and their accompanying family members to undergo the prescribed medical examination. This applies to members of the Protected Temporary Residents (PTR) class as well. This is in accordance with the provisions specified in R30 (1) (a).

The provisions specified in R30 (1) exempt certain foreign nationals from the requirement of submitting to a medical examination, for the purposes of paragraph 16 (2) (b) of the Immigration and Refugee Protection Act (IRPA), such as:

• Foreign nationals other than:
  • Those foreign nationals who are applying for a Permanent Resident Visa (PRV) or applying to remain in Canada as a permanent resident – including their family members, whether they are accompanying or not
  • Those foreign nationals who are seeking to work in Canada in occupations in which the protection of public health is essential
  • Those foreign nationals who:
    • Are seeking to enter Canada or applying for a renewal of their work or study permits or authorisation to remain in Canada as a temporary resident for a period in excess of six successive months – including an actual or proposed period of absence from Canada of less than 14 days and,
    • Have resided or stayed for a period of six successive months, at any time during the one-year period immediately preceding the date on which they sought entry or made their application, in an area that the Minister has determined, after consultation with the Minister of Health, has a higher incidence of serious communicable disease than Canada
  • Those foreign nationals who, an officer or the Immigration Division, has reasonable grounds to believe are inadmissible based on the provisions specified in subsection 38 (1) of the Immigration and Refugee Protection Act (IRPA)
  • Those foreign nationals who are claiming refugee protection in Canada and,
  • Those foreign nationals who are seeking to enter or remain in Canada and who have the ability to apply to the Minister for protection based on the provisions specified in subsection 112 (1) of the Immigration and Refugee Protection Act (IRPA), other than foreign nationals who have not left Canada since the authorities had rejected their claim for refugee protection or application for protection

Situations could arise where officers find that the protected persons (including members of the Protected Temporary Residents (PTR) class) and their accompanying family members possess valid and unexpired medical certificates. If these medical certificates indicate that these individuals are not inadmissible on health grounds, they will not need to undergo a subsequent medical examination.

It is worth mentioning that the medical examination is not for the purpose of declaring a protected person or their family members as being medically inadmissible based on the provisions specified in subsection A38 (2). Instead, the medical examination takes place to identify medical conditions so that the relevant treatment can take place.

It is worth highlighting that inadmissibility on health grounds based on excessive demand on health and social services does not apply to protected persons or their family members in Canada and abroad. It does not apply to members of the Protected Temporary Residents (PTR) class as well. As a result, officers will be able to grant these individuals permanent residence.

However, these individuals would be inadmissible on health grounds if they are likely to be a danger to public health and safety. This is in accordance with the provisions specified in A38 (1) (a) and A38 (1) (b). In such cases, officers will need to refuse applications for permanent residence made by inadmissible people. Despite this, the refusal of the application does not affect the determination pertaining to the need for protection. As such, any applicant who is a protected person could continue to remain in Canada. But, the authorities require officers to verify whether applicants and their family members in Canada have completed a medical examination. For this, the officers will need to do the verification by referring to the Global Case Management System (GCMS).

In some cases, officers might find that the individuals have not completed the prescribed medical examination. In this scenario, the officers will need to send the applicant the appropriate medical forms i.e. IMM 1017 and a list of the designated panel physicians.

Similarly, in some cases, it is possible that the validity of the medical examination might have expired. In this scenario, the officers might need to seek an extension of the validity in specific circumstances from the Migration Health Branch. Officers will need to refer to the guidelines for reassessments of medical certificates prior to contacting the Migration Health Branch.

It is worth mentioning that the automatic partner notification of HIV does not apply to members of the Protected Temporary Residents (PTR) class. For more details on this, refer to the section titled ‘The Procedures for HIV Positive Cases’ that appears subsequently in this document.

Processing Applications for Permanent Resident – Stage 2 – The Temporary Resident Permit (TRP)

Under the authority of the Temporary Resident Permit (TRP), in certain cases, the officers might have reasons to permit people who are inadmissible under the provisions specified in sections A34, A35, A36 (1), A37 or paragraph A38 (1) (a) or A38 (1) (b) to remain in Canada.

In case the officers find that the situation warrants the issuing of the Temporary Resident Permit (TRP), they will need to:

• E-mail a full report and recommendation to the Director of Case Review, Case Management Branch (CMB), National Headquarters (NHQ) and the Director General, CMD – they will need to red flag the report to indicate high priority
• Send a copy of the report to the Canada Border Services Agency (CBSA) and,
• Notify the visa offices to stop processing applications from family members overseas

Processing Applications for Permanent Resident – Stage 2 – The Inadmissible Applicant or Family Member

Situations could arise where the officers determine that an applicant is inadmissible on serious criminal, security or medical grounds. In this scenario, the Case Processing Centre in Vegreville (CPC-V) will need to transfer the file to the applicable Immigration, Refugees and Citizenship Canada (IRCC) office for refusal. If the authorities refuse the application, the officers will need to notify the client of the decision in writing. In addition, the office processing the file will need to inform the visa office (where there might be overseas dependents) of the refusal of the application.

In some cases, the officers might come across a family member, for whom the applicant has sought permanent residence, who is inadmissible. In this scenario, the authorities will be able to grant permanent residence to the protected person and other family members. This is because the general rule that pertains to inadmissible family members does not apply to protected persons seeking to become permanent residents. This is in accordance with the provisions specified in A42.

According to the provisions specified in A42, a foreign national, other than a protected person, will be inadmissible on grounds of an inadmissible family member in case:

• Their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible or,
• They are an accompanying family member of an inadmissible person

But, an exception exists in this case.
In the case of a foreign national referred to in the above paragraph, who is a temporary resident or who has made an application for temporary resident status or an application to remain in Canada as a temporary resident:

• The matters referred to in cases where the accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible, constitute inadmissibility only if the family member is inadmissible under the provisions specified in sections 34, 35 or 37 and,
• The matters referred to in cases where they are an accompanying family member of an inadmissible person, constitute inadmissibility only if the foreign national is an accompanying family member of a person who is inadmissible under the provisions specified in sections 34, 35 or 37

It is worth mentioning that 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.
Situations could arise where the applicant or the family member in Canada is inadmissible. In this scenario, the officers will need to write a report under the provisions specified in section A44 on the individual concerned. Thereafter, the officers will need to transfer the file to the appropriate delegated authority.
Note:

• The inadmissibility of the family member will not in any way affect the admissibility of the principal applicant
• For this reason, non-concurrent processing of the application is possible
• As such, officers will not need to await the admissibility results for all the dependent (including overseas dependents) before the authorities provide an approval to the principal applicant and permit the principal applicant to land

The Procedures for Individuals Who Meet the Prescribed Requirements
In such cases, officers will need to prepare a case summary for the delegated decision maker. Officers will need to indicate that the applicant has met the requirements of the permit holder class. In addition, they will need to include the following details:

• The reasons for the issuance of the original Temporary Resident Permit (TRP)
• The reasons for the issuance of any subsequent permits (if any) and,
• Any other information or documents that are relevant to the case
  • This could typically include medical notifications in medically inadmissible cases, information about the best interests of the child etc.

It is worth mentioning that applicants for permanent residence will need to pay the processing fee for the permit holder class and the Right of Permanent Residence Fee (RPRF) (if required).

However, it is worth mentioning that the officers might need to grant refunds in all cases where the applicant has paid the Right of Permanent Residence Fee (RPRF) and the applicant has not acquired permanent resident status. The Department would remain obligated to refund the Right of Permanent Residence Fee (RPRF) if:

• The authorities refuse the application or,
• The applicant withdraws the application

The authorities usually provide refunds to the payer (usually the sponsor) in family class cases. Similarly, they provide refunds to the principal applicant in all other cases. In non-family-class cases, they also issue the refund to the principal applicant. It is worth highlighting that the authorities do not issue any refunds to any representatives or third parties.

Family-Class Sponsorship Cases

The authorities will issue refunds in family-class sponsorship cases to the sponsor “on demand” after a negative appeal decision. This is especially so in cases where there are appeal rights. Officers would need to ensure that the authorities have not issued a visa with the applicable visa office abroad. Thereafter, they would need to notify the sponsor that they would be refunding the Right of Permanent Residence Fee (RPRF) upon receiving a written request only after all appeals have been exhausted.

It is worth mentioning that the withdrawal of sponsorships at any time during the process would result in the refund of the Right of Permanent Residence Fee (RPRF). However, the Case Processing Centre would need to advise the visa office abroad of the withdrawal of the sponsorship. Thereafter, it would need to wait for receiving the confirmation that the authorities have not issued a visa prior to processing the refund.

Some sponsorship cases at the Case Processing Centre Mississauga (CPC-M) could result in a negative sponsorship recommendation. In this scenario, the sponsor has the option of continuing with the processing of the case or obtaining a refund of the relevant fees paid immediately by withdrawing the application. In case they opt for the latter, they would receive the refund after the authorities have deducted $75 towards the application fee.

Cases Outside the Family Class

In cases outside the family class, the officers would need to initiate the refund of the Right of Permanent Residence Fee (RPRF) as soon as they send the letter to the applicant indicating the refusal, the withdrawal or the receipt of an unused permanent resident visa at the visa office. In some situations, the officers might find that the principal applicant is a deceased individual. In this scenario, they would need to make the refund to the estate of the applicant after receiving confirmations from the legal representative of the deceased.

For All Cases

Officers would need to check the “Right of Permanent Residence Fee (RPRF)” field in the following systems for all cases before they issue refunds:

• The Field Operations Support System (FOSS)
• The Computer Assisted Immigration Processing System (CAIPS)
• The Case Processing System (CPS)

In addition, they would also need to check the Computer Assisted Immigration Processing System (CAIPS) notes for ensuring that the:

• Applicant paid the fees and,
• Authorities have not already issued a refund

In some cases, the officers might find that the authorities have issued a permanent resident visa, which the applicant has not utilised. In this scenario, the officers would need to ensure the return of the visa to the issuing office, before they can process a refund.