Permanent Residence Application Process (18:V) - Revision history

Nate Russell: /* b) Responding to the Minister’s Appeal of the RPD’s Decision */

2026-10-08T23:53:06Z

b) Responding to the Minister’s Appeal of the RPD’s Decision

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	The Minister can appeal the RPD’s decision to accept a claimant’s refugee claim subject to the following exceptions:		The Minister can appeal the RPD’s decision to accept a claimant’s refugee claim subject to the following exceptions:

	a) The claimant is a designated foreign national,		:a) The claimant is a designated foreign national,
	b) The claimant made their claim at a land border with the United States and the claim was referred to the RPD as an exception to the Safe Third Country Agreement, and/or		:b) The claimant made their claim at a land border with the United States and the claim was referred to the RPD as an exception to the Safe Third Country Agreement, and/or
	c) The claimant’s claim was referred to the RPD before the relevant provisions of the new system came into force.		:c) The claimant’s claim was referred to the RPD before the relevant provisions of the new system came into force.

	When responding to the Minister’s appeal of their RPD decision to the RAD, the following should be considered:		When responding to the Minister’s appeal of their RPD decision to the RAD, the following should be considered:

Nate Russell: 2026 update

2026-10-08T23:39:27Z

2026 update

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LSLAP at 19:35, 13 October 2025

2025-10-13T19:35:36Z

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	{{REVIEWED LSLAP \| date= August ~~5, 2024~~}}		{{REVIEWED LSLAP \| date= 14 August 2025}}
	{{LSLAP Manual TOC\|expanded = immigration}}		{{LSLAP Manual TOC\|expanded = immigration}}

LSLAP: /* 5. Out of status spouses in Canada – Public Policy */

2025-10-01T02:40:43Z

5. Out of status spouses in Canada – Public Policy

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	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.		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: An applicant will generally be granted a 30 – 60-day period in which IRCC should determine whether the relationship is genuine if the applicant is out of status and there is a removal order. If it is determined that the relationship is genuine then the removal order will be stayed.		'''NOTE''': An applicant will generally be granted a 30 – 60-day period in which IRCC should determine whether the relationship is genuine if the applicant is out of status and there is a removal order. If it is determined that the relationship is genuine then the removal order will be stayed.

	It is important to understand that foreign nationals without status can apply under this class only if the foreign national:		It is important to understand that foreign nationals without status can apply under this class only if the foreign national:
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	:d) Has entered Canada without a valid passport or travel document (provided valid documents are acquired by the time IRCC seeks to grant permanent resident status).		:d) Has entered Canada without a valid passport or travel document (provided valid documents are acquired by the time IRCC seeks to grant permanent resident status).

	Consequently, foreign nationals who are inadmissible to Canada, who entered Canada without permission after having been deported, or who have misrepresented themselves are not permitted to apply under this class. Always look to the most recent version of this policy.		Consequently, foreign nationals who are inadmissible to Canada, who entered Canada without permission after having been deported, or who have misrepresented themselves are not permitted to apply under this class. Always look to the most recent version of this policy.

	== E. Convention Refugees (the Process) ==		== E. Convention Refugees (the Process) ==

LSLAP: /* B. Home Care Worker Immigration Pilot (HCWIP) Program */

2025-10-01T02:39:09Z

B. Home Care Worker Immigration Pilot (HCWIP) Program

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	'''Migrant Worker’s Centre (formerly WCDWA)'''		'''Migrant Worker’s Centre (formerly WCDWA)'''

	302-119 W Pender Street		302-119 W Pender Street

	Vancouver, B.C. V6B 1S5		Vancouver, B.C. V6B 1S5

	Telephone: (604) 669-4482		Telephone: (604) 669-4482

	Fax: (604) 669-6456		Fax: (604) 669-6456

	Website: www.wcdwa.ca		Website: www.wcdwa.ca

	E-mail: info@wcdwa.ca		E-mail: info@wcdwa.ca

LSLAP at 23:03, 18 September 2025

2025-09-18T23:03:53Z

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LSLAP at 22:50, 18 September 2025

2025-09-18T22:50:29Z

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	:'''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:		:'''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:
	::*applicants have children under 18 who would be adversely affected if they were removed from Canada, or		:*applicants have children under 18 who would be adversely affected if they were removed from Canada, or
	::*applicants have proof that they or one of their dependents suffers from a life-threatening medical condition that cannot be treated in their home country.		:*applicants have proof that they or one of their dependents suffers from a life-threatening medical condition that cannot be treated in their home country.

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

LSLAP at 22:50, 18 September 2025

2025-09-18T22:50:13Z

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	:'''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:		:'''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:
	*applicants have children under 18 who would be adversely affected if they were removed from Canada, or		::*applicants have children under 18 who would be adversely affected if they were removed from Canada, or
	*applicants have proof that they or one of their dependents suffers from a life-threatening medical condition that cannot be treated in their home country.		::*applicants have proof that they or one of their dependents suffers from a life-threatening medical condition that cannot be treated in their home country.

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

LSLAP at 22:49, 18 September 2025

2025-09-18T22:49:26Z

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	Amendments to the Act that came into force on June 18, 2008, give the Minister authority to establish an order of priority for incoming applications (s 87.3) and relieve IRCC from the obligation to process all applications to a full decision (s 11). For example, priority processing amongst Family Class applications is given to spouses and dependent children; these are commenced immediately upon receipt. See the Operational Guidelines for details.		Amendments to the Act that came into force on June 18, 2008, give the Minister authority to establish an order of priority for incoming applications (s 87.3) and relieve IRCC from the obligation to process all applications to a full decision (s 11). For example, priority processing amongst Family Class applications is given to spouses and dependent children; these are commenced immediately upon receipt. See the Operational Guidelines for details.


	:'''NOTE:''' It is necessary to inform IRCC about any changes in the application, such as the birth or adoption of a child, marriage or divorce, death of an applicant or dependent as soon as possible.		:'''NOTE:''' It is necessary to inform IRCC about any changes in the application, such as the birth or adoption of a child, marriage or divorce, death of an applicant or dependent as soon as possible.

LSLAP at 22:49, 18 September 2025

2025-09-18T22:49:02Z

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