REFUGEE
STATUS IN CANADA
A Protected Person is someone who has reason to fear persecution in his or her country of origin due to race, religion, nationality, membership in a social group or political opinion. Protected persons can also be people in Canada who, if they were removed to their home country, would be subjected to a danger of torture, to a risk to their life or to a risk of cruel and unusual treatment or punishment.

In Canada, the Immigration and Refugee Board (IRB) and Citizenship and Immigration Canada decide who is a Protected Person. If the IRB determined you to be a Protected Person (or a Convention refugee) or if you received a positive decision on your Pre-Removal Risk Assessment, and you meet the eligibility requirements, you may apply for permanent residence with this application. Convention refugees are considered to be Protected Persons.

You may also apply for permanent residence with this application if you are a member of the Protected Temporary Residents Class (PTRC). Protected Temporary Residents are individuals admitted to Canada on a temporary resident permit or Minister’S permit for protected reasons and who have been determined to be in urgent need of protection by a visa office.
Permanent residence as a Protected Person?
You may apply for permanent residence as a Protected Person from within Canada if the Immigration and Refugee Board or Citizenship and Immigration Canada has determined that you are a Protected Person or a Protected Temporary Resident and you are not:
a Protected Person (or 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; or
a permanent resident of Canada.
Are there other requirements I must meet?
You and your family members must also:
pass criminal and security checks;
undergo an Immigration medical examination. (If you and your family members have already completed an Immigration medical examination, you will be contacted if a new medical examination is required.)
Note: If you live in the province of Québec, the Ministère de l’Immigration et des Communautés culturelles (MICC) may be involved in the processing of your application for permanent residence.You do not need to fill out any forms; we will inform the MICC of your application.
If you cannot show adequate evidence of your identity, it is possible that you may not be granted permanent residence. You may, however, continue to live in Canada as a Protected Person.
When must I apply?
You must apply for permanent resident status within 180 days of being notified by the IRB or Citizenship and Immigration Canada that you are a Protected Person.
Protected Temporary Residents: You may apply anytime after you receive a letter from Citizenship and Immigration Canada stating that you have met the statutory requirements and advising you to apply.
Do I have to include my family members on my application?
All of your family members must be listed on your application. You may choose whether they are to be processed for permanent residence. You have the right to remove a family member from processing for permanent residence up until the time you are issued your permanent resident visa.
If you decide to include in your application a family member abroad whose whereabouts are unknown, the family member will have one year from the day you are granted permanent residence to appear at a visa office and request permanent residence. He or she will be processed as part of your application.
Family members are defined as your spouse or common-law partner and your dependent children. To be considered dependent, children must:
be under the age of 22 and not have a spouse or common-law partner; or
depend substantially on the financial support of a parent and have been continuously enrolled and in attendance as full-time students in a government-accredited post secondary institution since before the age of 22 (or since marrying or entering into a common-law relationship, if this happened before the age of 22); or
depend substantially on the financial support of a parent since before the age of 22 and unable to provide for themselves due to a medical condition.
In addition, your children must meet the definition of “dependent children” both at the time the application is made and at the time the visas are issued. If your children meet the definition of the first bullet, they can be older than 22 when the visas are issued, as long as they were under 22 at the time of application.
Any of your family members in Canada who are 18 years of age or older must complete their own In Canada Application for Permanent Residence (IMM 5202) form. Make photocopies of the form so that each person has a working and final copy.
What if my family members or I have a criminal record?
Contact our Call Centre for information. You may be asked:
to leave Canada,
to complete forms to seek approval of your rehabilitation if you were convicted outside of Canada,
to apply to the National Parole Board for a pardon if you were convicted in Canada, or
be issued a temporary resident permit to allow you to remain in Canada until your rehabilitation has been approved or your pardon granted.