Canadian government has introduced a new Permanent Residence pathway to address a critical situation faced by a small number of individuals who came to Canada as minors, and were under the custody of child protection services but never obtained permanent residence or citizenship. The absence of status for these vulnerable individuals puts them at risk of deportation. To rectify this, IRCC has initiated a public policy, effective until January 21, 2027, providing a permanent residence pathway.

Background and Previous Measures

This new permanent residence pathway builds upon measures introduced in the fall of 2023. Starting from September 29, 2023, eligible individuals who were previously in child protection services became eligible to apply for a temporary resident permit (TRP) along with a work or study permit. The TRP provides temporary resident status, reducing the risk of deportation. Now, those eligible for the TRP have the opportunity to apply for permanent residence through this dedicated pathway.

Permanent Residence Pathway Criteria

Definition of State Care

The temporary public policy has been established to acknowledge the vulnerability of foreign nationals who came to Canada under the age of 19, were under the legal responsibility of a child and family services provider, and may now face removal. The policy aims to offer a pathway to permanent residence for eligible foreign nationals and their family members residing in Canada.

Eligibility Criteria

For individuals to qualify under this public policy, being in state care entails being under the legal responsibility of a child and family services provider, with the provincial or territorial authorities obtaining full legal “parental” responsibilities through a court order. If an individual has already applied for a TRP, it remains valid until its expiry date or until their application for permanent residence is approved.

Specific Eligibility Criteria for Permanent Residence

To be eligible to apply for permanent residence under this public policy, individuals must have come to Canada before the age of 19 and continuously resided in the country for at least three years before applying. Furthermore, they should have been under the legal responsibility of a child and family services provider for at least one cumulative year.

Applicants must be physically present in Canada when submitting their permanent residence application and when the approval is granted. The intention to reside in a territory or province other than Quebec is a requirement, and applicants must not be deemed inadmissible to Canada based on specific criteria.

Application Process and Guidelines

Inclusion of Family Members

Applicants are allowed to include eligible family members in their application. All accompanying and non-accompanying family members must be declared in the application.

Application Deadline and Process

The application for this permanent residence pathway is open until January 21, 2027. To apply, individuals should follow the instructions provided in the application guide, which covers eligibility criteria and the correct completion of forms.

Mail Submission

The application must be submitted by mail, ensuring that all questions on forms are answered, the application is signed, and all required supporting documents are included in a stamped envelope. If applying as a family, all documents should be sent in a single envelope, with the applicant’s name and address indicated in the top left-hand corner.

Post-Application Process and Considerations

Processing and Acknowledgment

Upon receiving the application, officials will check for the submission of all required information and verify eligibility criteria for the public policy. An acknowledgment of receipt letter with the application number will be sent to the applicant.

Further Documentation and Steps

If eligible, applicants may be asked to submit additional documents and undergo medical exams, criminal and security checks, and biometrics. Keeping personal information updated is crucial to avoid delays. The introduction of this new permanent residence pathway signifies Canada’s commitment to addressing the vulnerabilities faced by individuals who came to the country as minors under protective care.

The public policy aims to provide a fair and equal opportunity for these individuals to establish permanent residency, fostering inclusivity and addressing longstanding challenges in the immigration system. As applicants navigate this process, adherence to eligibility criteria, completion of forms, and timely submission of required documents are essential for a smooth application experience.