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

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 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

• 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

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

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 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.

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]

• 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

• 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.

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

• 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

• 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

• 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

• 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 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)

• 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.

Situations could arise where, at any time during the validity of the Temporary Resident Permit (TRP), the permit holder becomes inadmissible for an additional reason that the Temporary Resident Permit (TRP) did not cover. In this scenario, the officers might need to cancel the existing Temporary Resident Permit (TRP) and make a new A44 (1) report and evaluate the new circumstances.

Depending on the circumstances of the cases, officers could recommend the issuance of a new Temporary Resident Permit (TRP). This would enable the individual to remain in Canada. Alternatively, officers could make a recommendation regarding whether or not to refer the client to the Canada Border Services Agency (CBSA) for taking the appropriate enforcement action.

In some cases, the authorities might issue a new Temporary Resident Permit (TRP). Despite this, it is worth mentioning that the new inadmissibility constitutes a break in continuity that affects the conditions for eligibility for permanent residence under the permit holder class.

It is worth highlighting that there is no provision that permits members of the permit holder class to include accompanying family members in their applications for permanent residence. This is because any accompanying family members would have required their own Temporary Resident Permits (TRPs) at the time of the applicant’s original entry to Canada. In order for the authorities to consider the accompanying family members for permanent residence, these individuals would need to submit their own applications under the permit holder class as principal applicants.

Family members living abroad who are eligible for membership in the family class might receive sponsorship once a member of the permit holder class becomes a permanent resident.

Once the authorities accept a person in the permit holder class, the applicant will be exempt from having to pay the Right of Permanent Residence Fee (RPRF) in case the individual is a dependent child of another member of the permit holder class who has already submitted an application for permanent residence or, if the individual is a dependent child of a permanent resident or a Canadian citizen.

The Provision of the Health Follow-up Handout – HIV Infection Document

Officers could come across foreign nationals who are HIV positive when they assess applications for permanent or temporary residence, during the immigration process. The authorities require officers to issue these HIV positive individuals a copy of the Health Follow-up Handout – HIV Infection document.

The Automatic Partner Notification of Sponsored Family Class Applicants Who Test Positive for HIV

It is possible that officers might not assess applicants in the family class and the dependent refugee class who test positive for HIV as medically inadmissible because of excessive demand on Canada’s health care system. This is in accordance with the provisions specified in A38 (2). As such, officers will need to make the sexual partners of these individuals residing in Canada aware of the risk this serious medical condition could place on their health.

In this scenario, automatic partner notification will serve to give applicants in the family and dependent refugee classes, who test positive for HIV 60 days from the date of receiving notification of the policy, to voluntarily disclose their HIV positive status to their spouse or partner or to withdraw their application. After this 60-day period lapses, the Department will formally notify the spouse or partner of their dependents’ HIV positive status prior to proceeding with the application.

This policy serves to provide HIV positive applicants with an appropriate window of opportunity to voluntarily disclose their medical status or to withdraw their applications. This helps in facilitating the commitment of Immigration, Refugees and Citizenship Canada (IRCC) towards public health and safety.

It is worth mentioning that the medical officers will have to continue notifying immigration program managers of cases where individuals test positive for HIV in both the family class and dependent refugee class. Such cases might well be few in number. However, it is still essential for officers to follow these instructions accurately.

The authorities require all permanent resident applicants who are 15 years of age or older to undergo an HIV test as part of their medical examination. This applies to children who have certain risk factors, such as having received blood or blood products, having a known HIV positive mother or being potential adoptees as well.

As part of this medical examination, the responsible panel physician will need to provide post-test counselling to HIV positive applicants in accordance with the guidelines provided in the handbook for designated medical practitioners. The panel physician will need to have the applicant sign the Acknowledgement of HIV Post-Test Counselling form i.e. IMM 5728E as well.

Thereafter, the authorities require the applicants to attend an interview with a visa or an immigration officer. During this interview, the officers will need to inform the applicants of the Automatic Partner Notification Policy for HIV Positive applicants in the Family and Dependent Refugee Classes. In addition, the applicants will need to sign the Acknowledgment of the Automatic Partner Notification Policy for HIV Positive applicants in the Family and Dependent Refugee Classes to indicate that the officers have informed them of this policy. The officer will need to feel satisfied that the applicant has understood the implications and received the information pertaining to the policy. The officer will need to ensure that the officer addresses any other concerns that the applicant might have with regard to their application.

The visa or immigration officer will need to provide the applicant 60 days for disclosing their HIV positive status to their spouse or partner residing in Canada. Alternatively, they will need to withdraw their applications.

Once the period of 60 days has elapsed from the date of the interview, the officer will need to send a partner notification letter to the known spouse or partner in Canada.

While administering the automatic partner notification policy, the authorities require visa and immigration officers to ensure that:

• All the applicants have signed the Automatic Partner Notification Policy for HIV Positive applicants in the Family and Dependent Refugee Classes
• All the applicants have clearly understood the implications of the policy
  • This will typically include the direct consequences of withdrawing their application and of being HIV positive
  • For more details, refer to the section titled ‘The Guidelines Pertaining to Witnesses that Visa and Immigration Officers Will Need to Use’ that appears subsequently in this document
• The officers have given 60 days to all applicants for voluntarily disclosing their status or withdrawing their applications before the officers send a formal notification to the spouse or common-law or conjugal partner residing in Canada
• The case notes clearly reflect all the counselling that the officers have given to the applicant
  • The case notes will need to include the decisions agreed to by the applicant and the steps taken towards completing the notification process

It is worth mentioning that the responsible medical officer will need to notify the responsible immigration program manager in writing, when the officer comes across an applicant, who is exempt based on the provisions specified in subsection A38 (2), tests positive for HIV. In addition, the responsible medical officer will need to notify the responsible immigration program manager in writing about any risk assessment made on public health or public safety grounds.

In some cases, applicants might have taken advantage of the family class procedures. Thus, some applicants might already be aware of their HIV status before the missions have received their completed applications and created family class files. In such cases, the missions should avoid initiating any partner notification process until they have created a file at the visa office and the applicant has completed all the necessary counselling in accordance with the instructions that follow.

During the interview with the visa or immigration officer, the first activity that will take place will be the verification of the post-test counselling.

It is worth highlighting that dealing with HIV positive applicants will invariably involve various serious medical, legal and ethical concerns. As a result, the authorities require officers to ensure that they interview all of these applicants in person. In addition, the visa and immigration officers will need to ensure that they do not discuss the issue of partner notification with applicants who do not possess an Acknowledgement of Post-Test Counselling form i.e. IMM 5728E.

Situations could arise where, during an interview, it becomes apparent that the applicant does not adequately understand the nature of their medical condition. In this scenario, the officers will need to suspend the interview. In such cases, the officers will need to counsel the applicant to revisit the panel physician they originally saw in order to seek further counselling. In addition, the officers will need to request the applicant to obtain another Acknowledgement of Post-Test Counselling form i.e. IMM 5728E from their panel physician.

Only once an officer is satisfied that the applicant understands the implications of their medical condition, should the officer proceed to providing an explanation of the Automatic Partner Notification Policy for HIV Positive Applicants in the Family and Dependent Refugee Classes.

The next step will involve providing an explanation of the Automatic Partner Notification Policy.

Officers bear the responsibility for explaining the Automatic Partner Notification Policy for HIV Positive Applicants in the Family and Dependent Refugee Classes to the applicant. As such, they will need to ensure that the applicant understands the policy thoroughly.

After determining that the applicant understands the policy, its potential consequences and the options available, the visa or immigration officer will need to ensure that the applicant:

• Has reviewed and signed the acknowledgement of the Automatic Partner Notification Policy for HIV Positive Applicants in the Family and Dependent Refugee Classes
• Has received a copy of the Automatic Partner Notification Policy for HIV Positive Applicants in the Family and Dependent Refugee Classes and,
• Has received a copy of the signed acknowledgement

The authorities require officers to advise applicants that the signing of the Automatic Partner Notification Policy for HIV Positive Applicants in the Family and Dependent Refugee Classes does not in any way affect the processing of their application to completion. Some applicants might not want to sign the form. In this scenario, the officers will need to advise the applicants who do not sign the form that the form only exists to ensure that the Department has a record that the applicants have received the appropriate information about the policy and have had the opportunity of discussing their options under the provisions specified in the policy.

In addition, the visa or immigration officers will need to ensure that all the case notes reflect the counselling, the decisions and the steps taken between the visa or immigration officer and the applicant towards completing the notification process.

Note:

• Situations could arise that warrant the need for the services of an interpreter
• In this scenario, the officers will need to ensure that the applicant completes the Interpreter Declaration form
• The authorities require visa and immigration officers to use the instructions given in the Guidelines for Witnesses, as and when they deem it to be necessary

Situations could arise where the applicant does not sign the acknowledgement of the Automatic Partner Notification Policy for HIV Positive Applicants in the Family and Dependent Refugee Classes. In this scenario, the officers will need to continue processing the application with notes on the file. The notes will serve to indicate that the applicant understood the policy but chose not to sign the acknowledgement. The authorities require officers to flag such cases to the National Headquarters (NHQ) Litigation Management (BCL).

In some cases, the applicant might express certain personal concerns. For instance, the applicant might express concerns about a risk to the applicant’s safety should others become aware of their HIV status. It is clear that standard counselling alone will not suffice for satisfying such a concern. In this scenario, the authorities require visa and immigration officers to notify the immigration program manager of these cases. The authorities will deal with such cases in consultation with the International Region (IR) – Operational Coordination (RIM) and other headquarters divisions as the case may be.

• In some cases, the applicant might withdraw the application
  • In this scenario, the officers will need to process withdrawals by the applicant based on the normal procedures
• In some cases, the sponsor might choose to withdraw the sponsorship
  • In these cases, the Case Processing Centre in Mississauga (CPC-M) will typically inform the visa office that the sponsor (i.e. the spouse or partner residing in Canada) has withdrawn the sponsorship
  • In this scenario, the visa office will need to refuse the application in accordance with the standard procedures
  • They will also need to use the refusal letter for sponsorship withdrawal
• In some cases, neither the sponsor not the applicant might withdraw the application
  • In this scenario, the visa office will not receive any notifications from the Case Processing Centre in Mississauga (CPC-M) that the sponsor has withdrawn the sponsorship
  • Similarly, the visa office will not receive any indications from the applicant that the applicant wishes to withdraw the application
  • In such cases, the officers will need to resume the case processing to finalisation [/accordion]

In some cases, neither the applicant nor the sponsor might have initiated any withdrawals of the application. In this scenario, the officers will need to prepare and send the partner notification letter. In addition, they will need to send the HIV Contact Information in Canada handout along with the partner notification letter. Officers will usually send both these documents to known spouses or partners residing in Canada with copies on file. The visa or immigration officer will need to ensure that the spouse or partner’s address is the most current available. They could verify this by requesting verification from the Case Processing Centre in Mississauga (CPC-M) for family class applicants. Alternatively, they could verify the paper file of the dependent refugee class applicant.

It is worth mentioning that the authorities require officers to use these guidelines when they witness an applicant’s signature.

The following rules are generic in nature. As such, the authorities require officers to use them when the officers complete any forms used for processing HIV positive applicants in the family and dependent refugee classes. However, the officers should not consider these guidelines as being all inclusive or exhaustive.

The authorities require officers to be aware of the importance of ensuring that the applicant fully understands the implications of being HIV positive. In addition, the authorities require officers to be aware of the importance of ensuring that the applicant fully understand the implications of the provisions specified in the Automatic Partner Notification Policy for HIV Positive Applicants in the Family and Dependent Refugee Classes. The officer will need to find out whether the applicant requires an interpreter prior to convoking an interview. In case the applicant requires the services of an interpreter, the officer will need to use the interpreter declaration form, when necessary.

Some general guidance tips that the officers could follow include:

• Not obtaining the applicant’s signature until the discussion of the automatic notification policy and the implications of testing positive for HIV have been completed
• Not obtaining a signature of consent from an applicant who is under the influence of medication that could affect the applicant’s mental ability to make a decision pertaining to their understanding of the policy and any options available
• Filling in blanks in block letters that are clearly legible – in blue or black ink
• Ensuring that the form is complete in all aspects before the applicant signs it
• Ensuring that the applicant signs the form before the disclosure to the spouse or partner takes place
• Delaying acting on the partner notification until the officers have answered any questions that the applicant might have after the form has been signed
• Avoiding the use of terms that the applicant might not be able to understand when the officer explains the automatic partner notification policy
• Avoiding making any additions, deletions or alterations to the form once the applicant has signed it and,
• Ensuring that the statement that the applicant is signing is correct

It is worth mentioning that some key documents pertaining to the Automatic Partner Notification Policy for HIV Positive Applicants in the Family and Dependent Refugee Classes include:

• The Acknowledgement of HIV Post-Test Counselling i.e. IMM 5728E
• The Health Follow-up Handout – HIV Infection (for the applicant)
• The HIV Contact Information in Canada (for the sponsor) and,
• A copy of the Automatic Partner Notification Policy (for the applicant)