A person who receives a positive decision from the Refugee Protection Division (RPD) or the Refugee Appeal Division (RAD), or who is granted protection through a Pre-Removal Risk Assessment (PRRA), is a protected person within the meaning of IRPA s 95(2). Protected person status gives the person the right to apply for permanent residence in Canada through the in-Canada protected persons class.

This is the primary pathway to PR for asylum seekers who make an in-Canada refugee claim. Persons recognised as Convention refugees or humanitarian-protected persons outside Canada — for example, through a UNHCR referral or private sponsorship — follow a different process (the Convention Refugees Abroad Class or the Humanitarian-Protected Persons Abroad Class) and apply from outside Canada.

• IRPA s 95(2) — defines "protected person" as a person who has been determined to be a Convention refugee under s 96, a person in need of protection under s 97, or a person who has been determined, following a PRRA, to be in need of protection
• IRPA s 96 — Convention refugee: person with a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion
• IRPA s 97 — person in need of protection: person who would face a risk to life, a risk of torture, or a risk of cruel and unusual treatment if removed
• IRPR Part 8 Division 1 — the immigration regulations governing the in-Canada protected persons class and the Convention refugees abroad class

When can a protected person apply for PR?

A person can apply for PR under the in-Canada protected persons class once they hold protected person status — that is, once the RPD or RAD has issued a positive decision, or once PRRA protection has been granted. The application is made to IRCC using the guide and forms for in-Canada protected persons (currently IMM 5205).

Current application fees are listed on the IRCC application page and are subject to change.

Work and status while the PR application is pending

Protected persons whose PR application is pending are generally eligible to obtain an open work permit (OWP), which allows them to work for any employer in Canada while waiting for their PR to be processed. The OWP application is typically filed alongside or after the PR application. Protected persons may also be eligible for provincial health coverage and social support while their PR is being processed, depending on the province.

Inadmissibility — bars to PR

Protected person status does not override all inadmissibility grounds under IRPA. A protected person may be found inadmissible and denied PR on the following grounds:

• Security (s 34) — espionage, subversion, terrorism, membership in a terrorist or organised criminal organisation
• Human or international rights violations (s 35) — war crimes, crimes against humanity, senior government official in a government engaged in gross human rights violations
• Serious criminality (s 36(1)) — conviction for an offence punishable by 10 years or more in Canada, or a conviction outside Canada for an equivalent offence
• Organised crime (s 37) — membership in a criminal organisation

These inadmissibility grounds can result in referral to an admissibility hearing before the Immigration Division (ID), and if found inadmissible, the person may face removal despite holding protected person status. Note that protected persons are exempt from health inadmissibility under s 38 — they cannot be refused PR on the basis of excessive demand on health or social services.

Family members

Eligible family members — including a spouse or common-law partner and dependent children — may be included in the PR application. The definition of family members who may be included, and whether they must be in Canada or may be abroad, depends on the specific circumstances and the current IRCC requirements. Practitioners should refer to the current guide (IMM 5205) for the applicable rules at the time of filing.

Refugees abroad — a distinct class

Persons recognised as Convention refugees outside Canada — for example, persons referred by UNHCR or privately sponsored by a Canadian organisation — apply under the Convention Refugees Abroad Class or the Humanitarian-Protected Persons Abroad Class, not the in-Canada protected persons class. These are distinct immigration streams with their own requirements, processes, and timelines. The current guide for this class is IMM 6000.

Protected person status can be lost through a cessation finding under IRPA s 108 (see Cessation of refugee protection). A person who has not yet obtained PR and whose protected person status is ceased will no longer be eligible to apply under the in-Canada protected persons class. Cessation proceedings may be initiated while a PR application is pending.

Processing times for in-Canada protected person PR applications vary and are published on the IRCC website. Practitioners should check the IRCC processing times tool for current estimated timelines.