Protected Persons and Convention Refugees
Protected Persons in Canada may apply for permanent residence once they are determined to be a Person in Need of Protection or a Convention Refugee by the Immigration and Refugee Board of Canada (IRB), or when they receive a positive decision on their Pre-Removal Risk Assessment (PRRA) from Immigration, Refugees and Citizenship Canada (IRCC). Applications are assessed based on eligibility, evidence, and compliance with Canadian immigration law.
Each application is unique, and the process can be complex. Outcomes depend on individual circumstances, the evidence provided, and applicable Canadian immigration and refugee law. We guide clients through each stage of the process, offering experienced legal advice and helping them present their application clearly and in compliance with IRB and IRCC procedures.
Official resources:
Learn about how to apply for permanent residence as a Protected Person or Convention Refugee in Canada. Visit the IRCC guide on applying for Permanent Residence as a Protected Person or Convention Refugee.
Learn about the application forms and documentation required for permanent residence as a Protected Person or Convention Refugee. Visit the IRCC package on applying for Permanent Residence as a Protected Person or Convention Refugee.
What Is Permanent Residence for Protected Persons and Refugees?
Permanent residence is an immigration status that allows eligible individuals to live and work in Canada permanently without being Canadian citizens. Permanent residents are subject to residency obligations and must comply with Canadian law.
Protected Persons and Convention Refugees may apply for permanent residence after being formally recognized by the IRB or IRCC as:
- Convention Refugees
- Persons in Need of Protection
Applying for permanent residence is a separate process from making a refugee claim. Recognition as a Protected Person does not automatically grant permanent resident status; an application must be submitted to IRCC and approved before permanent residence is granted.
Who Can Apply For Permanent Residence as a Protected Person?
You may be eligible to apply for permanent residence if:
- The IRB or IRCC has determined that you are a Convention Refugee or Person in Need of Protection
- You are not subject to exclusion or inadmissibility under Canadian immigration law
- You meet applicable regulatory and procedural requirements
You must not be:
- A Convention Refugee in another country where you could go and live permanently without fear of persecution
- A citizen, national or permanent resident of a country, other than the one you left, where you could go and live permanently without fear of persecution
You may apply for permanent residence anytime after being formally notified by the IRB or IRCC that you are a Protected Person.
Submitting a permanent residence application as a Protected Person allows the IRCC to determine whether you fulfill all obligations and requirements. Legal guidance may help prepare your application, organize materials, and comply with IRCC procedures.
How to Apply for Permanent Residence as a Protected Person
Permanent residence applications for Protected Persons are submitted to IRCC and generally involve:
- Completing the required application forms
- Gathering personal identification documents
- Providing proof of Protected Person or Convention Refugee status
- Submitting biometric information (if required)
- Paying applicable government processing fees
Processing times and procedural steps may vary depending on individual circumstances, completeness of the application, and IRCC processing volumes. Legal guidance may assist with completing forms, organizing materials, and clarifying steps in the process.
Documents Commonly Required for Permanent Residence Applications
Supporting documentation is essential to the permanent residence application process. Commonly required documents may include:
- Identity documents: passports, travel documents, national identity cards, birth certificates
- Relationship documents: birth certificates, marriage or divorce records
- Certified translations of every identity and relationship document in a language other than English or French
- IRB or IRCC decision letters confirming Convention Refugee or Protected Person status
- Photographs and biometric information
If certain documents are unavailable, alternative evidence or explanations may be required. Legal guidance may assist in identifying required documentation and organizing materials to satisfy IRCC criteria.
How Legal Guidance May Assist With Permanent Residence Applications
Applying for permanent residence involves detailed forms, strict requirements, and multiple stages of review. Legal guidance may assist by:
- Reviewing eligibility and explaining applicable legal requirements
- Assisting with application forms and supporting documentation
- Identifying potential admissibility issues
- Explaining IRCC procedures, timelines, and next steps
- Providing ongoing support throughout the application process
Our role is to help clients understand their options, organize their materials, and navigate the process in compliance with Canadian immigration law.
Schedule a Consultation
If you are a Convention Refugee or Protected Person considering an application for permanent residence, a consultation can help clarify your options and next steps.
During a consultation at our office, our lawyer will review your circumstances, explain applicable legal considerations, and discuss the permanent residence process.
Frequently Asked Questions
Who can apply for permanent residence as a Protected Person?
Eligibility depends on recognition as a Protected Person or Convention Refugee by the IRB or IRCC, and compliance with Canadian immigration law. Legal guidance may help clarify eligibility nuances and determine which family members may be included in the application.
Can my family members be included in my permanent residence application?
Certain family members, such as a spouse or dependent children, may be included in the application. Legal guidance may help identify eligible family members and verify that their information is submitted in compliance with IRCC requirements.
Do I need a lawyer to submit a permanent residence application as a Protected Person?
There is no legal requirement to retain a lawyer. However, legal guidance can help clarify eligibility, organize documentation, and navigate the process.
How long does the permanent residence process take?
Processing times vary depending on factors such as the completeness of the application, inclusion of family members, and IRCC workload. Some applications may take several months to process. For up-to-date information, visit IRCC processing times.
What happens if my permanent residence application is refused?
If a permanent residence application is refused, there may be options such as reconsideration, reapplication, or pursuing an alternative immigration pathway, depending on the reasons for refusal and applicable law.