PACP - Permanent Residence based on Humanitarian and Compassionate Considerations and Public Policy in the Context of Removals - Nov 24, 2020
Key messages
Some applicants who apply for permanent residence in Canada do not have status in Canada and may also have removal orders issued to them.
Most permanent residence applications for individuals without status are based on humanitarian and compassionate grounds or under a public policy.
Once an officer determines that an applicant is eligible for permanent residence, applicants cannot be removed. This is called approval in principle (stage one approval).
Generally, applicants may be removed while waiting for approval in principle, however these applicants may not be high priority for removal.
Supplementary messages
The Canada Border Services Agency is responsible for enforcement of removal orders.
There are situations when a removal order can be stayed for applications for permanent residence under humanitarian and compassionate considerations or under public policy, as a result of decisions made by Immigration, Refugees and Citizenship Canada.
Applicants for in-Canada public policies such as the Spousal Public Policy and the Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area and those applying for permanent residence in Canada on humanitarian and compassionate grounds benefit from a regulatory stay of removal after a positive eligibility decision (stage one approval) has been made on their application. For the Spousal Public Policy, most applicants also benefit from an administrative deferral of removal prior to the eligibility decision (stage one approval).
Applicants for the public policy for Out-of-Status Construction Workers in the Greater Toronto Area may apply for a temporary residence permit and a work permit while waiting for approval in principle. While a temporary residence permit does not formally stay removal, the Canada Border Services Agency does not generally remove individuals who have been issued a permit by IRCC and do not have new or more serious inadmissibilities.
Supporting facts and figures
For humanitarian and compassionate cases that received an eligibility decision in the 2019-2020 fiscal year, the processing time to receive approval in principle for was 24.4 months for 80% of cases.
From September 2019 to August 2020, 80% of spouse or common-law partner cases were processed to approval in principle (received an eligibility decision) in 12 months on average. For in-Canada public policy cases specifically, 80% of spouses were processed to approval in principle in 14 months and common-law partners in 15 months.
For the out-of-status construction workers public policy, the program opened in January 2020 and only a small number have applied. Applications are being processed as they are received and approval in principle granted once the eligibility criteria of the public policy are met.
Background
Sections 25 and 25.1 of the Immigration and Refugee Protection Act (IRPA) provide the authority to grant permanent resident status, or an exemption from most requirements of IRPA or its regulations, to individuals based on humanitarian and compassionate considerations. Applicants under the humanitarian and compassionate provisions are assessed on a case-by-case basis, taking into account factors such as establishment in Canada, family ties to Canada, and the best interests of any children involved.
There are no stays of removal prior to a stage one approval for those applying for humanitarian and compassionate consideration.
The Spousal Public Policy, developed in 2005, sets the criteria under which out-of-status, in Canada spouses and common-law partners of Canadian citizens and permanent residents can be assessed for permanent residence. The objective of this public policy is to enable family reunification and facilitate processing in cases where spouses and common-law partners are already living together in Canada, but do not qualify for the spouse or common-law partner in Canada class due to their lack of immigration status.
Most applicants under the Spousal Public Policy who have a removal order are provided with a 60 day administrative deferral of removal prior to the stage one approval. This 60-day period begins when the CBSA advises IRCC that removal proceedings are being initiated, thus providing a short-term deferral to enable out-of-status sponsored spouses and common-law partners in Canada to have their application considered prior to removal.
Applicants for the out-of-status construction worker public policy may apply for a temporary residence permit while waiting for approval in principle. While a temporary residence permit does not stay removal, the Canada Border Services Agency does not generally remove individuals who have been issued a permit by IRCC and do not have new or more serious inadmissibilities.
