Difference between revisions of "Permanent Residence Application Process (18:V)"

{{LSLAP Manual TOC|expanded = immigration}}

Foreign nationals who apply under one of the economic classes must prove that they will become financially established in Canada.  This general requirement is reflected through a series of criteria. There are three general sub-classes within the economic class: the skilled worker class, investor class, and the self-employed class.  Please note that there are Provincial Nominee Programs in operation throughout Canada, including British Columbia.  Under these programs, the province nominates an immigrant for Federal screening (see s. 87 of the IRP Regulations).  Nomination by a province provides strong evidence of an applicant’s ability to become economically established in Canada as required by IRPA s. 12(2).  A detailed discussion of these programs is beyond the scope of this Manual.

EE is a system whereby applicants create an online profile (there is no paper process for creating an EE profile) that assigns points according to “Human Capital Factors” and “Skill Transferability Factors” under a “Comprehensive Ranking System”.  An applicant can obtain a maximum score of 600 points based on these factors in combination, and a possible extra 600 points by obtaining a special EE-related Provincial Nomination (see Provincial Nominee Programs) or an LMIA (see Workers).  These factors and selection criteria were established through Ministerial Instructions, and can be reviewed in detail on the [http://www.cic.gc.ca/english/department/mi/express-entry.asp IRCC website].

Once the e-APR is submitted, they will be contacted by IRCC with instructions on where to send original documents that may be required (such as original police clearances).

=== 1. Federal Skilled Worker Class (Express Entry Required) ===

This class is designed to recognize the value of having experience in Canada, and the positive impact this experience is likely to have on a newcomer’s prospects of success in Canada.  Applicants under this class must be able to demonstrate the following things:

See more IRCC information for the [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/canadian-experience-class.html Canadian Experience Class].

To participate in this program, an applicant must satisfy the requirements for an international graduate, a high-skilled worker or an intermediate-skilled worker. Also, they must receive a job offer from a designated employer in Atlantic Canada. However, if an applicant receives a job offer from an employer who is not designated yet, they may ask the employer to consider being designated.

=== 6. Yukon Community Immigration Pilot Program ===

The YCP will provide nominees with a work permit for a specific community, rather than a specific employer, and allow them to work for several employers in the same community, while the permanent resident application is being processed.  

The Investor Program and the Federal Entrepreneur Program has been closed since July 1st 2012.

== B. Caregiver Program ==

There are two options for a caregiver to come to Canada to become a permanent resident or work temporarily: 1) Home Child Care Provider Pilot; and 2) Home Support Worker Pilot. As of June 18, 2019, an individual may be able to apply for permanent residence through one of the above programs if they meet the eligibility requirements and have a job offer to work in one of these occupations.  

These new pilot programs will also benefit from:  

:'''NOTE:''' Refugee claimants are prohibited from having concurrent H&C applications. Those who have had their claim denied '''will be subject to a 1-year bar on submission of an H&C application'''. There are some exceptions to the bar. The bar does not apply if:

Unlike applications made under a Pre-Removal Risk Assessment, a person who applies under H&C considerations '''may be removed from Canada before the decision on the application is made'''.

== D. Family Class Applicants ==

:'''NOTE''': Foreign nationals must declare any of their non accompanying family members (i.e. dependent children, spouses, and parents) in their initial application if they wish, at some point to sponsor these individuals themselves. An individual generally cannot sponsor a family member if they failed to declare that family member in their application for permanent residence. However, a pilot project has been launched from September 9, 2019 to September 9, 2021 and subsequently extended to September 9, 2023 which will allow certain newcomers who failed to declare their family members to sponsor undeclared immediate family members. Consult the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/excluded-2021.html IRCC website] for the latest details on this pilot project, which presently applies only to individuals who became permanent residents under the Convention refugee and Family Classes and who are applying to sponsor undeclared family members.   

When the sponsor is also applying for permanent residency as a Principal Applicant, the sponsor’s spouse, common-law partner, or conjugal partner, and the sponsor’s dependent children are included on the sponsor’s permanent residency application as accompanying or non-accompanying family members.  However, a Principal Applicant may be rendered inadmissible if the family members included on his or her application are inadmissible.

:'''NOTE''': A major issue that arises in many spousal sponsorship applications is whether the marriage is genuine.  Under IRP Regulations, s. 4, a foreign national will not be considered a spouse if the marriage is not genuine or was entered into primarily for the purposes of acquiring any status or privilege under the Act.  Applicants must prove that their marriage is valid, both in Canada, and in the country in which it took place (IRP Regulations, s. 2).  While an arranged marriage is not inherently less credible, prior acquaintance to the marriage can pose some evidentiary challenges.

The statutory “in-Canada” family class sponsorship provisions are outlined under ss. 123 - 125 of the IRP Regulations.  The requirements from the sponsor are generally the same, but the Class of persons able to be sponsored through this route is limited to spouses, common-law partners, and the children or grandchildren of those persons.  The entire application is processed inside Canada, and the applicants are generally landed at an IRCC office in Canada. It is important to note that, aside from the question of the genuineness of the relationship, in-Canada applications are only successful if the sponsored person resides in Canada with the sponsor.  

A Canadian citizen or permanent resident can sponsor a spouse regardless of the spouse’s status in Canada under a special public policy directive relating to out-of-status applicants. After the sponsored spouse (applicant) receives first stage approval of their application (that is, approval in principle), they are entitled to an Open Work Permit under IRP Regulations s. 207.  This means the applicant is entitled to work in Canada in any capacity; in other words, unlike most temporary foreign workers, this work permit is not tied to a particular form of employment with a particular employer.

:'''NOTE''': IRCC will issue spousal open work permits to certain spouse or common-law partner in Canada class applicants at the initial stage of processing. The pilot program has been extended until the regulatory changes have been completed to permanently implement this policy.

The Refugee Protection Division (“RPD”) assesses foreign nationals who apply for Convention refugee protection or “protected persons” status.

:(a) Have a well-founded fear of persecution,  

:(b) The fear must be objective and subjective,  

:(f) The state must be unable or unwilling to protect.  

The IRB Chairperson has issued special interpretation guidelines for determining Convention refugee claims of women refugees.  Individuals should review these “Gender Guidelines” when assisting women refugee claimants.  The Gender Guidelines can be found on the IRB’s website, www.irb-cisr.gc.ca, under the heading “Legal and Policy References.”   

'''Significant changes to the refugee determination process have been implemented over the last several years by the [https://www.canlii.org/en/ca/laws/astat/sc-2010-c-8/latest/sc-2010-c-8.html?searchUrlHash=AAAAAQAbQmFsYW5jZWQgUmVmdWdlZSBSZWZvcm0gQWN0AAAAAAE&resultIndex=1 Balanced Refugee Reform Act], SC 2010, c 8 (BRRA), and, the [https://www.canlii.org/en/ca/laws/astat/sc-2012-c-17/latest/sc-2012-c-17.html?searchUrlHash=AAAAAQAsUHJvdGVjdGluZyBDYW5hZGHigJlzIEltbWlncmF0aW9uIFN5c3RlbSBBY3QAAAAAAQ&resultIndex=1 Protecting Canada’s Immigration System Act, SC 2012, c 17].'''

A foreign national generally requests Convention refugee protection at the Port-of-Entry upon arrival, i.e. at the airport, land border or sea border.  However, if a foreign national wishes to make a Convention refugee claim after being admitted into Canada, the person should go to the Immigration, Refugees and Citizenship Office at 1148 Hornby Street, Vancouver, British Columbia and enter a claim for protection.  The first step is the eligibility interview.

=== 2. Eligibility ===

At the eligibility interview, the interviewing immigration officer will obtain the detailed reasons why the foreign national fears persecution.  A foreign national should be prepared to '''accurately outline the details''' of his or her account of events leading to the claim for protection.

Once a foreign national is determined to be eligible to submit a Convention refugee claim, the foreign national will be given a Conditional Departure Order.  This is a removal order that only comes into effect if the person loses the claim for protection.  The foreign national is now a Convention refugee claimant.   

=== 4. Refugee Hearing ===

Note that if the claimant wishes to rely on documents, they must file or serve those documents not less than 10 days before the hearing.  If the Minister intervenes, they must also be served within the same time frame.  If there are documents in other languages, they must be translated (Rule 28).

For a detailed compilation of all necessary components when responding to an appeal, please refer to the [https://irb.gc.ca/en/filing-refugee-appeal/Pages/minister1.aspx IRB website].

A PRRA is a risk assessment application before the removal of a foreign national from Canada.  With some exceptions and some restrictions (see ss. 112(2) and 112(3) of the IRPA), every person who is being removed from Canada can submit a paper application describing why they would suffer persecution or danger in the country of destination if returned to that country.  The risk(s) are assessed under ss. 96 and 97 of the IRPA.  However, very few applications succeed under the PRRA process.  

:'''NOTE''': Under the IRPA those claimants who have a failed refugee claim will generally be ineligible to make a PRRA claim for '''12 months''' after the IRB's negative decision. The 12-month bar also applies to those who

For further details regarding the 12-month bar and exceptions, please refer to [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-intake.html IRCC's manual].