Permanent Residence

Permanent Residence for Protected Persons

Canada offers a permanent pathway to safety and stability for individuals recognized as Protected Persons under the Immigration and Refugee Protection Act (IRPA). If you have been granted refugee protection by the Immigration and Refugee Board (IRB) or determined to be a protected person by Immigration, Refugees and Citizenship Canada (IRCC).

Who Qualifies as a Protected Person?

You are considered a Protected Person if:

  • The Immigration and Refugee Board (IRB) has accepted your claim for refugee protection; or
  • Immigration, Refugees and Citizenship Canada (IRCC) has found you to be a person in need of protection following a successful Pre-Removal Risk Assessment (PRRA).

Family Members and Inadmissibility

Protected Persons may include eligible family members (spouse, common-law partner, and dependent children) in their PR application.
Importantly, under section 113(d) of the IRPA, a Protected Person cannot be found inadmissible solely because a family member is inadmissible. This is a key protection that differentiates this pathway from most other immigration streams.

Although Protected Persons are not rendered inadmissible solely due to a family member’s inadmissibility (per IRPA s. 113(d)), in practice, IRCC may still refuse to grant permanent residence to the inadmissible family member. To preserve family unity, a Humanitarian and Compassionate (H&C) request under IRPA s. 25(1) may be submitted on behalf of the inadmissible family member as part of, or alongside, the Protected Person’s PR application.

When to Apply for Permanent Residence:

Protected persons are eligible to apply for permanent residence after receiving a positive decision on their refugee claim or PRRA. While prompt application is generally encouraged for continuity of status and access to benefits, there is no legal deadline by which a protected person must apply for permanent residence.

Navigating permanent residence as a Protected Person- especially with family members abroad or with family members facing inadmissibility- requires legal precision, deep knowledge of immigration law, and compassionate advocacy. Just Law Professional Corporation does not just file forms—we build compelling legal submissions backed by evidence and the law because we understand how important family unity is for you.
Spousal sponsorship is one of the most common—but also most scrutinized—pathways to Canadian permanent residence. If you are a Canadian citizen or permanent resident seeking to sponsor your spouse or partner, Just Law Professional Corporation provides comprehensive legal representation to guide you through the process with clarity, compliance, and compassion.

Who Can Sponsor?

To sponsor a spouse, common-law partner, or conjugal partner, you must:

  • Be a Canadian citizen or permanent resident;
  • Be at least 18 years old;
  • Reside in Canada, or if you are a citizen living abroad, demonstrate an intention to return to Canada when the sponsored person becomes a permanent resident;
  • Not be in receipt of social assistance other than for a disability
  • Not have a conviction for sexual violence or an offence involving violence
  • Did not sponsor a previous spouse or partner within the last 3 years
  • Were not sponsored as a spouse or partner within the last 5 years
You must also agree to a sponsorship undertaking committing to financially support your partner for 3 years from the date they become a permanent resident.

Types of Spousal Sponsorship

There are two application streams:

1. Inland Sponsorship (Spouse or Partner in Canada Class)

  • For partners who are already living in Canada, with or without status.
  • Allows for an open work permit application while the sponsorship is being processed.

2. Outland Sponsorship (Family Class)

  • For partners living outside Canada.
  • Allows for appeals to the Immigration Appeal Division (IAD) if the application is refused.
  • May also be used by those in Canada who prefer outland processing due to faster timelines or travel flexibility.

Eligibility of the Sponsored Person

The person being sponsored must:

  • Be at least 18 years old;
  • Not be inadmissible to Canada;
  • Be in a genuine relationship with the sponsor (not entered into primarily for immigration purposes);
  • Not have been sponsored as a spouse themselves in the last 5 years.

Proving a Genuine Relationship

Immigration officers assess:

  • The history and development of the relationship;
  • Ongoing communication and shared responsibilities;
  • Evidence of cohabitation, if applicable;
  • Cultural and personal compatibility;
  • Supporting documents: photos, messages, travel records, affidavits, joint assets, and more.
We help you assemble a compelling, organized package to meet IRCC’s expectations and proactively address red flags (e.g., short relationship duration, lack of cohabitation, past refusals, or significant age difference).

Inadmissibility and Complex Cases

If the sponsored person has a criminal record, prior immigration violations, or misrepresentation history, the case may involve:
  • Rehabilitation applications for criminal inadmissibility;
  • Temporary Resident Permits;
  • H&C requests in exceptional cases.
We assess these factors thoroughly and advise on strategies to overcome or mitigate inadmissibility.

Appeals and Refusals

If your application is refused under the Family Class, we can represent you before the Immigration Appeal Division (IAD). In some cases, a judicial review at the Federal Court may be appropriate.
Canadian citizens and permanent residents may sponsor certain close family members to become permanent residents under Canada’s family reunification program. IRCC also allows sponsorship of dependent children, parents and grandparents, and—in rare, specific cases—other relatives. Just Law Professional Corporation provides trusted legal representation to navigate the legal, procedural, and evidentiary requirements of these applications.

Who Can Be Sponsored (Outside of Spouse/Partner)

1. Dependent Children

There are two application streams:

  • Must be under 22 years of age and unmarried/unpartnered; or
  • Over 22 but financially dependent due to a physical or mental condition, and dependent continuously since before turning 22;
  • May be biological or legally adopted children;
  • The sponsor must have had legal custody or responsibility if the child was adopted.

2. Parents and Grandparents

  • Sponsored under the Parents and Grandparents Program (PGP), which uses an annual lottery-based intake system (Interest to Sponsor form);
  • If selected, sponsors must meet Minimum Necessary Income (MNI) thresholds for the 3 taxation years preceding the application;
  • Sponsorship undertaking period is 20 years (or 10 years in Quebec).

3. Orphaned Minor Siblings, Nieces, Nephews, or Grandchildren

  • Must be:
  • Under 18 years old;
  • Unmarried and not in a common-law relationship;
  • Orphaned (both parents deceased);
  • Biologically related to the sponsor as a sibling, niece/nephew, or grandchild;
  • The sponsor must not have another close relative they could otherwise sponsor.

4. Other Relative (Last Remaining Family Member) – IRPR s. 117(1)(h)

  • In rare cases, a sponsor may sponsor one extended family member of any age (e.g., adult sibling, aunt, cousin) if they have no other close living relatives, either in Canada or abroad, and have not previously sponsored another relative in this category.

Sponsor Eligibility Criteria

To sponsor a family member, you must:

  • Be at least 18 years old;
  • Be a Canadian citizen, permanent resident, or registered Indian;
  • Reside in Canada, or intend to do so once the sponsored person becomes a PR (citizens only);
  • Not be inadmissible or barred from sponsorship due to previous defaults, criminality, or immigration violations;
  • Meet income requirements where applicable (particularly for parents/grandparents and orphaned relatives).
Family reunification cases often involve complex eligibility rules, financial calculations, or gaps in documentation—especially when relatives live in countries affected by conflict, instability, or poverty. Just Law Professional Corporation ensures your application anticipates and/or overcomes IRCC’s most common concerns.
Canada offers a discretionary pathway to permanent residence for individuals who are not eligible under any regular immigration program but face compelling humanitarian circumstances. If you are living in Canada without status—or with temporary or precarious status—and removal would cause undue hardship to you or your family, you may be eligible to apply for permanent residence. Just Law Professional Corporation provides experienced, evidence-driven representation in preparing persuasive H&C submissions, tailored to the complex realities of each client’s life.

Who Can Apply for H&C?

You may be eligible to apply for permanent residence on H&C grounds if:

  • You are already in Canada;
  • You do not qualify to apply for permanent residence through a regular immigration class (e.g., family, economic, protected persons);
  • You are not eligible to apply for a Pre-Removal Risk Assessment (PRRA) at the time of application (unless exempted);
  • You are not subject to an enforceable removal order for reasons that bar access to H&C, such as inadmissibility due to security (s. 34), human rights violations (s. 35), or organized criminality (s. 37)—with very limited exceptions.

Key Factors Considered

H&C applications are assessed on a case-by-case basis. IRCC officers consider whether there are compelling reasons to grant permanent residence despite inadmissibility or lack of status.

Relevant factors may include:

1. Best Interests of the Child (BIOC) – A statutory obligation under IRPA s. 25(1).

  • Hardship to Canadian-born or Canadian-resident children if the applicant is removed.
  • Emotional, psychological, educational, and medical needs of the children.

2. Establishment in Canada

  • Duration of stay in Canada.
  • Work history, community involvement, education, language ability.
  • Integration and contribution to society.

3. Hardship Upon Return

  • Medical, economic, or safety-related hardship in the home country.
  • Lack of access to necessary treatment or support.
  • Risk to life, dignity, or human rights.

4. Family Separation and Dependence

  • Emotional, medical, or practical dependence between family members in Canada.
  • Lack of viable care arrangements in the applicant’s country of origin.

5. Adverse Country Conditions

  • War, civil unrest, lack of infrastructure, or generalized risk.
  • Stigmatization or discrimination based on gender, religion, sexual orientation, or other protected grounds.

Inadmissibility Considerations

Applicants who are inadmissible for certain reasons may still apply, except those found inadmissible for:
  • Security;
  • Human or international rights violations;
  • Organized criminality

Applicants with criminality or misrepresentation may still be considered on H&C grounds, and the Minister may grant an exemption.

No automatic right to stay in Canada exists while the application is pending. That is, a pending H&C application is not a bar to removal.

Holding a Canadian work permit—whether open or employer-specific—can open the door to permanent residence (PR) through several immigration streams. At Just Law Professional Corporation, we help foreign workers translate their Canadian work experience into long-term settlement by identifying the best PR pathway and guiding them through each step with precision.

Who This Applies To

You may qualify for PR while on a valid work permit if you:

  • Are working full-time in Canada in a skilled occupation (TEER 0, 1, 2, or 3);
  • Have at least 12 months of skilled Canadian work experience (for CEC);
  • Have a valid LMIA-based work permit or an open work permit (e.g. PGWP, spousal);
  • Are supported by a Canadian employer or nominated by a province.

Common PR Pathways for Work Permit Holders

1. Canadian Experience Class (CEC) – via Express Entry

  • Requires 1 year of full-time skilled work in Canada in the last 3 years;
  • No proof of funds or education minimum (though both affect CRS score);
  • Ideal for PGWP or LMIA-based permit holders.

2. Federal Skilled Worker Program (FSW) – via Express Entry

  • For those with both Canadian and foreign experience;
  • Can apply while on a work permit in Canada if criteria are met.

3. Provincial Nominee Programs (PNPs)

  • Most provinces offer streams for temporary foreign workers with local job offers;
  • Examples: Ontario’s Employer Job Offer streams, Alberta Opportunity Stream, BC Skilled Worker;
  • PNP nomination gives 600 CRS points, essentially guaranteeing an Express Entry ITA.

4. Quebec Skilled Worker (QSW) and Quebec Experience Program (PEQ)

  • For workers living and working in Quebec;
  • Separate selection system and eligibility rules.

Strategic Timing and Transition

Applying for PR while on a work permit requires careful timing:

  • You must apply before the work permit expires or ensure you maintain maintained status;
  • In some cases, you may be eligible for a Bridging Open Work Permit (BOWP) if your PR application is already submitted and in process;
  • Gaps in status, unauthorized work, or misclassification of NOC can seriously delay or derail the process.

Just Law Professional Corporation will help you plan your PR strategy from the moment your work permit is issued—so you never miss a window of opportunity. Whether you’re applying through Express Entry, PNP, or a sector-specific pilot, we build a strong legal case that anticipates officer scrutiny and supports a smooth transition from worker to permanent resident.

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