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

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.

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].