Operational Bulletin 440-F - November 9, 2012

Removal of 180-Day Time Limit for Protected Persons Applying for Permanent Residence

Summary

On August 15, 2012, an amendment to subsection 175(1) of the Immigration and Refugee Protection Regulations related to applications for permanent resident status presented by protected persons, pursuant to s. 21(2) of the Immigration and Refugee Protection Act (IRPA), came into effect.

This regulatory change means that there is no longer a 180-day time limit on applying for permanent residence following a positive determination on a claim for refugee protection at the Immigration and Refugee Board (IRB) or a positive Pre-Removal Risk Assessment (PRRA) determination leading to protected person status.

Issue

This Operational Bulletin (OB) clarifies process issues around the amendment to R175(1).

Background

On August 15, 2012, subsection 175(1) of the Immigration and Refugee Protection Regulations was amended to remove the time limit on applying for permanent residence:

• following a positive determination at the IRB on a claim for refugee protection; or
• following a positive PRRA determination leading to protected person status.

Accordingly, there is no longer a need to consider:

• the requirement to apply within 180 days, and
• whether circumstances are such that the requirement should be waived under A25(1) of IRPA, since this requirement no longer exists.

Process Clarification

In-Canada applications for permanent residence from protected persons made under s. 21(2) of IRPA are not to be refused on the basis of the length of time that has passed since the applicant received their positive determination as described above. Citizenship and Immigration Canada will update application kits and the PP 4 manual chapter to reflect this change.

Protected persons who were previously refused permanent resident status because of inadmissibility or because of failure to establish identity can reapply for permanent residence under s. 21(2) of IRPA if there are new circumstances such that they may now meet the requirement to obtain permanent residence (for example, if the protected person obtained a pardon).