Application by a person as a member of the permit holders class to remain in Canada as a permanent resident
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
Processing and collection of the fee: $375 per applicant.
Fee exemptions
No fee exemptions have been identified for this service.
Order-in-Council (OIC) landings were not carried into the Immigration and Refugee Protection Act (IRPA). However, fees paid under the IRPA for OIC landings can be used to finalize cases under the IRPA. No additional fees are payable for finalizing these applications [R358].
Persons who are granted permanent residence by virtue of section 64 of the Immigration and Refugee Protection Regulations (IRPR) are required to have resided continuously in Canada for at least 3 years if they are inadmissible on health grounds under section A38 and for at least 5 years if they are inadmissible on grounds other than those described in one of the following:
- section A34 (Security)
- section A35 (Violations of human or international rights)
- subsection A36(1) (Serious Criminality)
- subsection A36(2) (Criminality)
Processing commences after the person has met the statutory requirements above (that is, 3 or 5 years on a temporary resident permit) with no breach in continuity of the time requirements. The officer shall issue a receipt and note in the appropriate box of the Immigration Cost Recovery Control Form [IMM 5194B (available internally only)] that the fee has been paid and the receipt number.
No exemptions from the fee for a request for an application by a member of the permit holders class to remain in Canada have been identified [R302].
Temporary inability or refusal to pay
If an applicant advises that they are unable or unwilling to pay the fee immediately, they should be counselled that there is no option to receive the service without payment. They should be advised to return when they have the ability and willingness to do so. This should be noted on the applicant’s file. There is no authority to process a request for an application by a member of the permit holders class to remain in Canada unless the fee has been paid.
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