CIC Canada | Guide 5527 - Application for Permanent Residence, Temporary Resident Permit Holder

Overview

This application kit contains all the forms and information required for a person to apply for permanent resident status from within Canada under the permit holder class. A permit holder is someone who holds a valid temporary resident permit (formerly called a Minister’s Permit).

Note: A temporary resident visa, a work permit or a study permit is not a temporary resident permit.

Who may apply?

You may apply for permanent residence under the permit holder class if you meet the following criteria:


If you were deemed inadmissible to Canada on health grounds	You have a valid temporary resident permit.
	You have resided continuously in Canada as a permit holder for at least three years.
	You continue to be medically inadmissible for the medical reasons that existed when your permit was issued; and you are not inadmissible for any other medical reason, including an undisclosed medical reason. OR You are inadmissible for having come to Canada with a family member who is inadmissible on health grounds (see section family members for definition).
	You or your family members have not, since the issue of your temporary resident permit(s), become inadmissible on any other grounds.


If you were deemed inadmissible to Canada on any other grounds	You have a valid temporary resident permit.
	You have resided continuously in Canada as a permit holder for at least five years.
	You continue to be inadmissible for the grounds that existed when your permit was issued.
	You or your family members have not, since the issue of your temporary resident permit(s), become inadmissible on any other grounds.

Persons who are inadmissible for reasons involving security, human rights violations, serious criminality or organized crime are not eligible to apply for permanent residence in the permit holder class.

If your inadmissibility is resolved

If the reason why you were deemed inadmissible no longer exists, you cannot obtain permanent residence as a member of the permit holder class. You may be eligible to apply for permanent residence in other classes.

If you are unsure whether you qualify to apply in this class you may phone our Call Centre for more specific information.

Break in your continuous residence

You may have broken the continuity of your residency in Canada and you may not be eligible for permanent residence, if:

you left Canada and your permit did not authorize re-entry, or

you did not extend your permit holder status prior to the expiry of your temporary resident permit.

Criminal convictions

Any new inadmissibility, such as a criminal conviction, would constitute a break in the three or five years of continuous residence in Canada required of permit holders and you or your family members would not be eligible for permanent residence. These new circumstances would be evaluated by an officer who would decide whether to issue a new permit or to request that you leave Canada.

Family members

You must identify all of your family members on your application form. Family members are defined as your spouse or common-law partner, your own dependent children and those of your spouse or common-law partner and the dependent children of dependent children. A child must meet the requirements of type A, B or C below to be considered a dependent child:

Type A

He or she is under the age of 22 and single, that is, not married and not in a common-law relationship.

Type B

He or she married or entered into a common-law relationship before the age of 22 and, since becoming a spouse or a common-law partner, has

been continuously enrolled and in attendance as a full-time student in a post-secondary institution accredited by the relevant government authority; and

depended substantially on the financial support of a parent.

or

He or she is 22 years of age or older and, since before the age of 22, has

been continuously enrolled and in attendance as a full-time student in a post-secondary institution accredited by the relevant government authority; and

depended substantially on the financial support of a parent.

Type C

He or she is 22 years of age or older, has depended substantially on the financial support of a parent since before the age of 22 and is unable to provide for him/herself due to a medical condition.

Family members inside Canada

Your family members in Canada cannot be processed for permanent residence as part of your application. They may submit their own application if they qualify under the permit holder class (see section Who may apply?).

Family members outside Canada

Your family members outside of Canada cannot be processed for permanent residence as part of your application. Your family members outside Canada will still need to undergo an immigration medical examination and pass criminal and security clearances. You may sponsor them once you become a permanent resident. See section What Happens Next? for more information on sponsoring your family members.

What are the other requirements?

You are required to hold a valid passport or travel document.

You and all of your family members must also:

undergo an immigration medical examination;

pass criminal and security clearances (required of applicants aged 18 years and over); and

not be the subject of an immigration inquiry or appeal.

Note: If you live in Quebec, your application must also be approved by the provincial immigration authority, called the ministère de l'Immigration et des Communautés culturelles (MICC). We will initiate the process with MICC and then you must follow any instructions sent to you by their office. If the MICC approves your application, it will give you a Certificat de sélection du Québec, which grants you permanent resident status in Quebec. If the MICC refuses your application, you will be given the opportunity to apply in another province.

Proof of three or five years of continuous residence in Canada

In order to prove that you have lived in Canada as a permit holder for three or five years, you must attach all the items listed in the Document Checklist (IMM 5528).

Do not submit your application until you have fully completed the required three or five-year residency requirement in Canada as a permit holder. If you apply before you have attained the required residency period, your application will be refused.

Need help?

If you still have questions after reading this application kit, visit our Web site or phone our Call Centre.

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	Last Updated: 2006-05-01		Important Notices