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Difference between revisions of "Permanent Residence Application Process (18:V)"
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Permanent Residence Application Process (18:V) (view source)
Revision as of 02:35, 4 August 2022
, 02:35, 4 August 2022no edit summary
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= July 4, 2022}} | ||
{{LSLAP Manual TOC|expanded = immigration}} | {{LSLAP Manual TOC|expanded = immigration}} | ||
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The BCPNP program is currently using an online registration and selection process similar to that of Express Entry (see the NOTE in Section V. A. “Economic Class Applicants”). Enrolment in the program is free. Once an applicant has enrolled in the program they wait to be issued an invitation to apply for a provincial nomination. No time estimate for waiting periods can be provided as they vary and depend on the strength of the application. Consolidated guides with all the details necessary to assist with a BCPNP application can be found [http://www.welcombc.ca/Immigrate-to-B-C/B-C-Provincial-Nominee-Program/Documents. here]. For more information about BC’s programs generally, see [http://www.welcomebc.ca/pnp here]. | The BCPNP program is currently using an online registration and selection process similar to that of Express Entry (see the NOTE in Section V. A. “Economic Class Applicants”). Enrolment in the program is free. Once an applicant has enrolled in the program they wait to be issued an invitation to apply for a provincial nomination. No time estimate for waiting periods can be provided as they vary and depend on the strength of the application. Consolidated guides with all the details necessary to assist with a BCPNP application can be found [http://www.welcombc.ca/Immigrate-to-B-C/B-C-Provincial-Nominee-Program/Documents. here]. For more information about BC’s programs generally, see [http://www.welcomebc.ca/pnp here]. | ||
=== 5. Atlantic Immigration | === 5. Atlantic Immigration Program === | ||
The Atlantic Immigration | The Atlantic Immigration Program is an economic immigration program aiming at fulfilling the need of labour in Atlantic Canada. Skilled foreign workers and international students who want to work and live in New Brunswick, Nova Scotia, Prince Edward Island, or Newfoundland and Labrador may apply for permanent residence through this program. | ||
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. | 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. | ||
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To participate in this program, an applicant must meet the general requirements for a work permit and receive two to three eligible job offers from the same participating Yukon community of this program and have a signed letter of support from the Government of Yukon. | To participate in this program, an applicant must meet the general requirements for a work permit and receive two to three eligible job offers from the same participating Yukon community of this program and have a signed letter of support from the Government of Yukon. | ||
For more detailed information about this program, please visit the [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/ | For more detailed information about this program, please visit the [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/atlantic-immigration/how-to-immigrate.html IRCC website]. | ||
=== 7. Rural and Northern Immigration Pilot Program === | === 7. Rural and Northern Immigration Pilot Program === | ||
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'''NOTE''': | '''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 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 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.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. | 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 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.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. | ||
=== 1. Sponsors === | === 1. Sponsors === | ||
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Key Changes: | Key Changes: | ||
*People who make a refugee claim at an office in Canada must submit their completed Basis of Claim form (“BOC”) | *People who make a refugee claim at an office in Canada must submit their completed Basis of Claim form (“BOC”) typically before their eligibility interview. Those who make a refugee claim at a port-of-entry must submit their BOC to the IRB no later than 15 days after referral of their claim to the IRB. | ||
*Hearings at the independent Immigration and Refugee Board of Canada (“IRB”) will be conducted by public servant decision-makers rather than people appointed by the Governor in Council (“GIC”) | *Hearings at the independent Immigration and Refugee Board of Canada (“IRB”) will be conducted by public servant decision-makers rather than people appointed by the Governor in Council (“GIC”) | ||
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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. | 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. | ||
'''NOTE''': Effective October 6, 2021, a person, or their legal representative acting on their behalf, can initiate a claim for refugee protection inside Canada by using the Canadian Refugee Protection Portal (CRPP) to complete questions and submit documentation online, including the Basis of Claim (BOC) Form. | |||
=== 2. Eligibility === | === 2. Eligibility === | ||
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=== 3. Basis of Claim Form (“BOC”) === | === 3. Basis of Claim Form (“BOC”) === | ||
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. | 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. | ||
In port of entry cases, the claimant will have '''15 days to file the BOC''' with the Refugee Protection Division ("RPD") of the Immigration and Refugee Board. Completing the BOC is the most important obligation on a Convention refugee claimant, apart from attending their hearing. | |||
Claimants will require help in preparing their BOC. In the BOC, a claimant must outline the precise reason(s) for their well-founded fear of persecution. This includes a narrative outlining the dates, incidents of persecution, why they are afraid, etc. The '''BOC should include facts that support the claimant’s fear, and that address the requirements set out in the IRPA'''. For example, the BOC should address why the claimant has no internal flight alternative, how the state is involved or complicit in the persecution, etc. This account of events will form the basis of the request for protection at the hearing. | Claimants will require help in preparing their BOC. In the BOC, a claimant must outline the precise reason(s) for their well-founded fear of persecution. This includes a narrative outlining the dates, incidents of persecution, why they are afraid, etc. The '''BOC should include facts that support the claimant’s fear, and that address the requirements set out in the IRPA'''. For example, the BOC should address why the claimant has no internal flight alternative, how the state is involved or complicit in the persecution, etc. This account of events will form the basis of the request for protection at the hearing. | ||
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*After a claimant receives the written reasons from the RPD decision, the claimant has 30 days to file an Appellant's Record, | *After a claimant receives the written reasons from the RPD decision, the claimant has 30 days to file an Appellant's Record, | ||
'''For a detailed compilation of necessary steps and information for a claimant’s appeal, please refer to the [ | '''For a detailed compilation of necessary steps and information for a claimant’s appeal, please refer to the [https://irb.gc.ca/en/filing-refugee-appeal/Pages/refugee1.aspx IRB website].''' | ||
==== ''b) Responding to the Minister’s Appeal of the RPD’s Decision'' ==== | ==== ''b) Responding to the Minister’s Appeal of the RPD’s Decision'' ==== | ||
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3. After this is done, the claimant will have to submit a “'''Notice of Intent to Respond'''” and provide the Minister and the RAD with a copy, '''no later than 15 days''' after the claimant receives the supporting document from the Minister. | 3. After this is done, the claimant will have to submit a “'''Notice of Intent to Respond'''” and provide the Minister and the RAD with a copy, '''no later than 15 days''' after the claimant receives the supporting document from the Minister. | ||
For a detailed compilation of all necessary components when responding to an appeal, please refer to the [ | 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]. | ||
== G. Pre-Removal Risk Assessment (“PRRA”) == | == G. Pre-Removal Risk Assessment (“PRRA”) == | ||