Permanent Residence Pathway for Foreign Nationals Formerly in State Care

## Public Policy Considerations In recognition of the vulnerability of certain individuals who came to Canada under the age of 19 and were placed under the legal responsibility of a child and family services provider, and may now face removal, this public policy will provide a pathway to permanent residence to eligible foreign nationals and their in-Canada family members. For some of these individuals, applications for permanent residence and/or citizenship where not made on their behalf while in the care of a child protection agency. As such, I hereby establish, pursuant to my authority under section 25.2 of the Immigration and Refugee Protection Act (the Act), that there are public policy considerations that justify the granting of permanent residence to in-Canada principal applicants and their in-Canada family members, if these foreign nationals meet the applicable conditions (eligibility requirements) listed below. ## Part 1

## Effective Date and Expiration This public policy replaces the Updated temporary public policy to grant permanent residence to certain individuals in Canada who came to Canada under the age of 19 and were under the legal responsibility of the child protection system signed on January 19, 2024. It takes effect upon signature and expires on January 21, 2027. This temporary public policy may be revoked at any time. All applications received prior to the expiry or revocation of this public policy will be processed under this public policy. The Hon. Marc Miller, P.C., M.P Minister of Citizenship and Immigration Dated at Ottawa, this 28 day of November, 2024 ## Page details

Under “Application Details” * For question 1, select “Other” * For question 2, select “In-Canada - Humanitarian & Compassionate Considerations” Note: This does not mean that you are applying for Humanitarian and Compassionate Considerations. Based on the information that you are submitting, you will be assessed under the Permanent Residence Pathway for Foreign nationals who were in state care. * * * ### Provide proof that you were in state care

## Part 1 – Conditions (eligibility requirements) applicable to principal applicants: Based on public policy considerations, delegated officers may grant permanent residence status to foreign nationals who meet the following conditions: Foreign national who: 1. entered Canada before age 19; 2. is physically in Canada at time of application under this public policy; 3. has continuously resided in Canada for at least three years on the date of their application; 4. has continuously resided in Canada since age 19, if over the age of 19; 5. was under the legal responsibility of a child and family services provider under a provincial or territorial government’s designated ministry for child protection for at least 1 year (cumulative); 6. is not inadmissible other than pursuant to any of the following: 1. subsection 36(1) of the Act on serious criminality grounds; 2. subsection 36(2) of the Act on criminality grounds; 3. paragraph 38(1)(c) of the Act on health grounds for a health condition that might reasonably be expected to cause excessive demand on health or social services; 4. section 39 of the Act on financial reasons; 5. paragraph 40(1)(a) of the Act for no other reasons than misrepresentation related to their entry to Canada or overstaying their temporary resident status and working or studying without authorization; 6. paragraph 40(1)(b) of the Act for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation 7. subsection 41(a) of the Act for non-compliance; 8. section 42 of the Act where the family member is inadmissible, except where the family member is inadmissible under subsections 34(1), 35(1) or 37(1) of the Act; 7. is not a person referred to in section F of Article 1 of the Refugee Convention; 8. holds a document enumerated at subsection 50(1) of the Regulations or if they are unable to obtain a document enumerated at subsection 50(1), provides a document described in subsection 178(1) and 178(2) of the Regulations; 9. if the foreign national intends to reside in Quebec, has been issued a Certificat de sélection du Québec; and 10. is physically in Canada at time of granting of permanent residence. ## Part 2 – Conditions (eligibility requirements) applicable to family members in Canada: In-Canada family members of a principal applicant who applies for permanent residence under this public policy are eligible to be granted permanent residence pursuant to this public policy if they meet the following conditions: 1. the foreign national is physically present in Canada at the time of application for permanent residence under this public policy; 2. the foreign national has been included as an accompanying family member in an application for permanent residence by a principal applicant under this public policy; 3. the foreign national meets the definition of a “family member” in subsection 1(3) of the Regulations; 4. the foreign national is not inadmissible other than pursuant to any of the following: 1. paragraph 40(1)(a) of the Act for no other reasons than misrepresentation related to overstaying their temporary resident status and working or studying without authorization; 2. subsection 41(a) of the Act for no other reasons than overstaying their temporary resident status and working or studying without authorization; 3. section 42 of the Act where the family member is inadmissible, except where the family member is inadmissible under subsections 34(1), 35(1) or 37(1) of the Act; 5. a delegated officer has determined that the principal applicant meets all conditions (eligibility requirements) pursuant to this public policy; 6. the foreign national holds a document enumerated at subsection 50(1) of the Regulations or if they are unable to obtain a document enumerated at subsection 50(1), provides a document described in subsection 178(1) and 178(2) of the Regulations; 7. if the foreign national intends to reside in Quebec, has been issued a Certificat de sélection du Québec; and 8. the foreign national is physically in Canada at time of granting of permanent residence. ## Definitions applicable for the purpose of this public policy: For the purposes of this Public Policy, "under the legal responsibility of a child and family services provider" refers only to situations where the responsible provincial or territorial authorities obtained full legal ‘parental’ responsibilities for the child by court order. ## Approval in principle

Exceptions for inadmissibility You can only apply for permanent residence if you're inadmissible for one or more of the following reasons: * for serious criminality†laws-lois.justice.gc.ca * for criminality†laws-lois.justice.gc.ca * for health†laws-lois.justice.gc.ca reasons (for a health condition that might reasonably be expected to cause excessive demand on health or social services) * for financial†laws-lois.justice.gc.ca reasons * for misrepresentation†laws-lois.justice.gc.ca related to * your entry to Canada or * overstaying your temporary resident status and working or studying without authorization * for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation†laws-lois.justice.gc.ca * for non-compliance†laws-lois.justice.gc.ca * for having a family member who is inadmissible or for being the accompanying family member of an inadmissible person†laws-lois.justice.gc.ca * unless the family member is inadmissible under subsections 34(1)†laws-lois.justice.gc.ca , 35(1)†laws-lois.justice.gc.ca or 37(1)†laws-lois.justice.gc.ca of the Act ## Who you can include

## 2. Complete your forms and gather your documents Make sure you fill out all the forms and documents that are listed in your document checklist (IMM 0203) (opens in a new tab). You must fill out and print the following documents: * Generic Application Form for Canada (IMM 0008) (opens in a new tab) * Under “Program under which you are applying,” select Other * Under “Category under which you are applying,” select In-Canada - Humanitarian & Compassionate Considerations * Schedule A - Background/Declaration (IMM 5669) (opens in a new tab) * Additional Family Information (IMM 5406) (opens in a new tab), if applicable * attestation letter and attendance records * completed document checklist (check all the forms and documents you have included) Image Get help to open an application form†ircc.canada.ca or to fill one out†ircc.canada.ca in the Help Centre. ### Photo specifications

## 3. Mail your application You must print out the application forms and submit all documents by mail. Before sending your application, make sure you * answer all the questions on your forms * sign your application * include all the required supporting documents ### You don't pay a fee Eligible foreign nationals who were in state care don't pay a fee for a permanent residence application under this policy. Send the complete application in a stamped envelope. If you are applying as a family, send all the documents in one envelope. You must also write your name and address in the top left-hand corner of the envelope. Mail the application to the following address: Mailing address IRCC - Humanitarian Migration Vancouver FN/State Care 300-800 Burrard St Vancouver BC V6Z 0B6 ### Track your application If you submit a paper application, we recommend that you use a postal or courier service with a tracking number to ensure you get proof that your application was delivered to the IRCC office. Find out how to check if your application has been received†ircc.canada.ca . ## Document navigation

### Provide proof that you were in state care You must satisfy an officer that you were under the legal responsibility of a child and family services provider under a provincial or territorial government’s designated ministry for child protection for at least one (1) year (cumulative). As proof, you may submit documentation such as court documents, attendance records from a child services institution, or a confirmation letter from the provincial or territorial authorities responsible for child and family services. The confirmation letter should indicate: * name of the provincial or territorial authorities responsible for child and family services * your name and date of birth * period of attendance you were under the legal responsibility of the child and family services provider * name and signature of the child and family services provider’s authorized representative issuing the letter * date the letter was issued ### Provide proof of residency in Canada You must provide proof that you have continuously resided in Canada for at least three years on the date of your application. Proof of residence can include copies of a lease or rental agreement, a letter from a landlord or property owner attesting to your residency (including specifying dates) or utility bills. ### Submit the document checklist

### Do family members need to apply separately? You may include your family member(s) as defined below, residing in Canada, in your application for permanent residence for concurrent processing. Your spouse or common-law partner and dependent children must be admissible (unless otherwise exempted), and meet all other requirements of the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations. Family members residing outside Canada cannot be included for concurrent processing. However, you must list all your family members residing in Canada or outside for the purpose of admissibility examination. Note: For the definition of a family member, see the definitions below (in line with the definition of family member of subsection 1(3)†laws-lois.justice.gc.ca of the Regulations). * * * ### Family member definitions

## Step 3. Fees You do not pay fees to submit an application under this public policy. ### Third parties fees You will have to pay fees to third parties for yourself and your family members (if applicable) for: * medical examinations * police certificates * * * ## Step 4.

Status: Open until January 21, 2027 This application is a permanent residence application for certain foreign nationals who * came to Canada under the age of 19 * were placed under the legal responsibility of a child and family services provider * may now face removal

## How we process your application Once we receive your application, we'll check that * you submitted all required information * you meet the eligibiliy criteria for the public policy We'll review your application and send you an acknowledgement of receipt letter that includes your application number. If you're eligible, we will * ask you for more documents, if needed * ask you and your family members to get * medical exams * criminal and security checks * biometrics (give your fingerprints and photo), if required ### Keep your information up to date

### Stay of removal Once we approve your application in principle, a removal order, where one exists, will be stayed pursuant to section 233 of the Immigration and Refugee Protection Regulations (IRPR). This stay of removal will be in effect until a final decision is made on your permanent residence application under this public policy. A final assessment of admissibility will be conducted before granting permanent residence. ### Do family members need to apply separately?

## Part 2 – Conditions (eligibility requirements) applicable to family members in Canada: In-Canada family members of a principal applicant who applies for permanent residence under this public policy are eligible to be granted permanent residence pursuant to this public policy if they meet the following conditions: 1. the foreign national is physically present in Canada at the time of application for permanent residence under this public policy; 2. the foreign national has been included as an accompanying family member in an application for permanent residence by a principal applicant under this public policy; 3. the foreign national meets the definition of a “family member” in subsection 1(3) of the Regulations; 4. the foreign national is not inadmissible other than pursuant to any of the following: 1. paragraph 40(1)(a) of the Act for no other reasons than misrepresentation related to overstaying their temporary resident status and working or studying without authorization; 2. subsection 41(a) of the Act for no other reasons than overstaying their temporary resident status and working or studying without authorization; 3. section 42 of the Act where the family member is inadmissible, except where the family member is inadmissible under subsections 34(1), 35(1) or 37(1) of the Act; 5. a delegated officer has determined that the principal applicant meets all conditions (eligibility requirements) pursuant to this public policy; 6. the foreign national holds a document enumerated at subsection 50(1) of the Regulations or if they are unable to obtain a document enumerated at subsection 50(1), provides a document described in subsection 178(1) and 178(2) of the Regulations; 7. if the foreign national intends to reside in Quebec, has been issued a Certificat de sélection du Québec; and 8. the foreign national is physically in Canada at time of granting of permanent residence. ## Definitions applicable for the purpose of this public policy: For the purposes of this Public Policy, "under the legal responsibility of a child and family services provider" refers only to situations where the responsible provincial or territorial authorities obtained full legal ‘parental’ responsibilities for the child by court order. ## Approval in principle Once a delegated officer assesses that the foreign national meets conditions 1 to 9 in Part 1 or 1 to 7 in Part 2 above, the delegated officer will approve the application in principle under this public policy. For greater certainty, those with known inadmissibilities, other than those listed above in Part 1, section 6, or Part 2, section 4, will not receive approval in principle. A final assessment of admissibility will be conducted prior to granting of permanent residence and the principal applicant and the family members included in their application under this public policy must not be inadmissible on any grounds other than those listed in Part 1, section 6, and Part 2, section 4, to be eligible to receive permanent residence pursuant to this public policy. ## Effective Date and Expiration

## Once we make a decision on your application ### If we approve your application We'll contact you and give you instructions about your permanent residence. #### Confirm your permanent resident status You'll get emails from a mailbox ending in cic.gc.ca 1. asking you to confirm your email address 2. asking you to confirm you're physically in Canada 3. giving you information about the Permanent Residence Portal (and options if you can't use it) The portal is separate from your Immigration, Refugees and Citizenship Canada secure account. Don't create your own account in the Permanent Residence Portal, as this can delay the process. We'll create an account for you. Follow the instructions in the email we send you. Learn more about the Permanent Residence Portal. You must tell us if you leave Canada before we grant you permanent resident status. #### Permanent resident cards If we approve your application, we'll make an electronic confirmation of permanent residence (e-COPR) available to you in the Permanent Residence Portal to provide proof of your new status in Canada. In this portal, we'll also ask you to provide a photo so we can start issuing your first PR card. You don't need to apply for your first PR card. While you wait for your PR card, you can use your signed e-COPR to * prove that you're a permanent resident in Canada * apply for the government benefits and services that you're eligible for (for example, to apply for your social insurance number, so you can work). ### If we refuse your application We'll send you a letter and tell you why we refused your application. ## Document navigation

## Ask for this guide in another format If you need the instruction guide for this program in another format, email your request to VancouverBRO@cic.gc.ca. Include the type of alternate format you need. For example, you can ask for a paper, braille or large print copy. We’ll only respond to emails that request an alternative guide format. ## 1.

If you want to use a representative A representative can * help you prepare the documents you need to upload * answer questions about the forms You can use either an * authorized paid immigration representative (an immigration consultant or lawyer) * An authorized paid immigration representative can fill out forms and communicate with us on your behalf through their own account. * unpaid immigration representative including your family member in Canada Find out more about representatives. If you want to appoint someone to do business with us on your behalf, you must * fill out a Use of a Representative (IMM 5476) (opens in a new tab) form * sign the form (digitally or by hand) and get your immigration representative to do so as well * submit the form with your application Release of information

## Check your application status Once you receive your acknowledgement of receipt letter with your application number, you can check your application by using the online tool†services3.cic.gc.ca , which is updated daily If you can't view the status of your application, you can contact us using our web form†ircc.canada.ca . ## Once we make a decision

### Updating your contact information or application While your application is in process, you must tell us if you change your address, email address, or telephone number. If your circumstances change, you must inform IRCC. It is your responsibility to ensure that the information in your application is correct and up-to-date. Decisions made on your application will be based on the information we have when we review your application. Use the Change your address tool to give us your new address. You can send all other updates by email to IRCC.DNHM-Vexternal-RNMH-Vexterne.IRCC@cic.gc.ca (include FN/State Care in the subject line). * * * ### Checking application status You may use the IRCC On-line Services†services3.cic.gc.ca to check the status of your application on the IRCC website. If you can’t view the status of your application, you may contact us to report technical problems. * * * ### Withdrawing your application

When processing: * Your application will undergo a detailed review by an IRCC Officer. The officer will consider all your information and documentation and assess your application against the public policy requirements. We may contact you to arrange an interview or to verify or expand on the information contained in your application. * If you are required to provide your biometrics, we will send you a Biometrics Instruction Letter explaining how to book an appointment, what to bring with you, and when you have to enroll your biometrics by. * If your application is approved, we will inform you in writing and provide further information on the next steps to obtain your permanent residence status. * If your application is refused, we will send you a refusal letter explaining why you have been refused. * * * ### Medical requirements