January 30th, 2024 at 06:05 am
Canada Introduces New Permanent Residence Pathway for Former Minors in Protective Care
On January 23, 2024, in Ottawa, a major concern arose regarding persons who arrived in Canada as youngsters, were placed in the custody of child protection authorities, but never obtained permanent residency or citizenship. Despite their strong links to Canada and frequently few connections to their native countries, these people are now at risk of deportation.
To address this essential issue, Immigration, Refugees, and Citizenship Canada has implemented a public policy that provides a path to permanent residency for these vulnerable persons. This policy, which will be in place until January 21, 2027, intends to provide a long-term solution for those who have been in limbo in Canada for years due to a lack of permanent residency status.
This effort expands on steps implemented in the fall of 2023, which gave qualified individuals from child protection agencies temporary residency permits (TRPs) as well as employment or study permits. The introduction of TRPs reduced the immediate fear of deportation, bringing temporary relief to those impacted. Individuals who are eligible for TRPs can now transfer to permanent residency under this new policy, providing them with stability and security in Canada.
This proactive approach demonstrates Canada’s commitment to ensuring fair and equal access to its immigration system, particularly for people who entered the country as minors and encountered unique hurdles while in protective custody. By providing a specialized track to permanent residency, Canada hopes to meet the needs of these individuals and allow them to fully integrate into Canadian culture.
Eligibility criteria for permanent residence
To apply for permanent residency, you must meet the following requirements:
- I arrived in Canada before turning 19 years old.
- Prior to applying, you must have had continuous residency in Canada for at least three years.
- Continuous residency in Canada since the age of 19 (if currently older than 19).
- Been under the legal guardianship of a child and family services provider from a province or territory government’s authorized ministry for child protection for at least one year (cumulative).
- Physically present in Canada at the time of application filing and when awarded permanent residency.
- Plan to dwell in a province or territory other than Quebec.
- There are no severe criminal offenses committed outside of Canada, nor are there any acts that violate United Nations standards.
- Have a valid passport, travel document, identity card, or statutory declaration.
- Not be inadmissible in Canada.
- Whom may you include in your application?
- You may add eligible family members who live in Canada to your application.
A family member includes:
- Your spouse or common-law partner
- Your dependent child, or that of your husband or common-law partner.
- A dependent child of another dependent child.
Make a list of all of your family members, whether they are with you in Canada or not. If you do not include family members who are not present, you will be unable to sponsor them in the future.
Who is eligible to apply
According to this public policy, being in state care means:
- You were legally responsible as a child and family service provider.
- The appropriate provincial or territorial authorities secured full legal “parental” obligations for you via a court order.
If you applied for a temporary residency permit:
If you have applied for and got a temporary residence permit (TRP), it is valid until:
- The expiration date stated on the permit, or
- Your application for permanent residency has been approved.
Throughout the permanent residency application process, you may be required to furnish some of the same documents that you supplied with your TRP application.
How to Apply
Let’s talk about how you can apply.
- Check Your Eligibility: Before applying, ensure you meet the eligibility criteria.
- Fill out forms and gather documents. Make sure to complete all forms and gather the documents required on your document checklist. Click here to check the document
- Mail your application: Print the application forms and send all documents by mail.
Before submitting your application, ensure that:
- Answer all the questions on your paperwork.
- Sign your application!
- Include all the necessary supporting documentation.
No fee:
Under this regulation, eligible foreign nationals who were in state care do not have to pay a fee when applying for permanent residency.
Send the completed application in a stamped envelope. If applying as a family, please send all documents in a single envelope.
Also, write your name and address in the upper left corner of the envelope.
How does IRCC process your application?
After receiving your application, we will ensure that:
- You have provided all the relevant information.
- You meet the eligibility requirements for public policy.
IRCC will then assess your application and give you an acknowledgement of receipt letter that includes your application number.
If you’re qualified, they will:
- Request any extra documents that are required.
- Arrange for medical exams, criminal and security checks, and biometrics (fingerprints and photos) if needed.
Keeping Your Information Updated:
To avoid delays, please keep your personal information current.
Update Your Address:
Use the online service that the IRCC offers to update your address.
Informing IRCC about Application Changes:
Refer to the “Updating your contact information or application” section to notify IRCC of any changes to your application, such as marriage, divorce, childbirth or adoption, the death of an applicant or dependent, or new contact information.
Tracking your application.
After getting your acceptance of receipt letter with your application number, you can track the status of your application using IRCC’s online tool, which is updated daily.
Conclusion
Finally, the establishment of a new permanent residency path for former protective care children in Canada is an important step toward acknowledging and resolving the special issues that these persons experience. This policy shift not only provides individuals with stability and security but also recognizes their resilience and contributions to society. As we consider this transformative effort, it is clear that it has the potential to help countless people build brighter futures and reach their full potential in Canada. Moving forward, it is critical to continue supporting and advocating for the rights and well-being of former protective care minors, ensuring that they can prosper and make important contributions to their communities.
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