Operational Bulletin 440-F – November 09, 2012
Removal of the 180-Day Time Limit for Protected Persons Applying for Permanent Residence
Summary
The authorities introduced an amendment to subsection 175 (1) of the Immigration and Refugee Protection Regulations (IRPR). This amendment came into effect on August 15, 2012.
It related to applications for permanent resident status, presented by protected persons. The amendment was pursuant to Section 21 (2) of the Immigration and Refugee Protection Act (IRPA).
This regulatory change denotes that the 180-day time limit on applying for permanent residence is no longer applicable. This is applicable for cases that have a:
- Positive determination on a claim for refugee protection at the Immigration and Refugee Board (IRB) or,
- Positive Pre-Removal Risk Assessment (PRRA) determination leading to the granting of protected person status
Issue
This Operational Bulletin (OB) clarifies various process related issues. These issues would typically concern the amendment to R175 (1).
Background
On August 15, 2012, the authorities amended subsection 175 (1) of the Immigration and Refugee Protection Regulations (IRPR). The amendment removed the time limit on applying for permanent residence:
- After a positive determination at the Immigration and Refugee Board (IRB) on a claim for refugee protection or,
- After a positive Pre-Removal Risk Assessment (PRRA) determination, which results in the issuance of protected person status
As a result of this amendment, the officers no longer need to consider:
- The requirement of applying within 180 days and,
- Whether the circumstances are conducive for waiving the requirement under A25 (1) of the Immigration and Refugee Protection Act (IRPA), as the requirement no longer exists
Process Clarification
The officers can no longer refuse in-Canada applications for permanent residence received from protected persons based on:
- The length of time that has elapsed since,
- The applicant received their positive determination
This is especially the case if the applicants submit these applications under Section 21 (2) of the Immigration and Refugee Protection Act (IRPA). Citizenship and Immigration Canada (CIC) will update the following materials so that these materials reflect this change:
- The application kits and,
- The PP 4 manual chapter
In some cases, the authorities could have refused to grant permanent resident status to protected persons. This could have happened on the ground of:
- Inadmissibility or
- The applicant’s failure to establish identity
These individuals can now reapply for permanent residence. This is in accordance with Section 21 (2) of the Immigration and Refugee Protection Act (IRPA).
This is especially applicable if there are any new circumstances that emerge. These circumstances might now enable the applicants to meet the requirements for obtaining permanent residence. A typical example of this situation could be a case where the protected person receives a pardon.
Source: Citizenship and Immigration Canada (CIC)
