Resettlement: When an applicant may face barriers to exiting the host country

(REV-OVS-6-11)

This page contains guidance on how to proceed with a refugee resettlement application when an applicant for resettlement to Canada may encounter difficulties in exiting the host country (for example, not being legally registered with the host country).

Context

In some instances, applicants may be unable to obtain an exit permit and are unlikely to obtain one in the foreseeable future. This situation may arise because the applicant and/or their dependants have no legal status in the host country, the host country suspended the registration process, the fees for obtaining the exit permit are very high, or another reason beyond the applicant’s control.

In the case of the One-Year Window (OYW) of Opportunity provision, applicants may be in their country of origin instead of a host country. This may result in different challenges in exiting the country they reside in, for example, obtaining a passport if required to exit their country of nationality.

Informing the applicant during processing (before the final decision)

In countries where an exit permit is required, officers should try to inform applicants, as early as possible in the process, that an exit permit is required to leave their host country. If a migration officer holds an interview with an applicant, the officer should inform the applicant of the implications of not being legally registered in their country of residence and impress upon the applicant the need to obtain an exit permit in order to be resettled in Canada should their application be approved. The processing office may also include such information in correspondence sent to the applicant. If information on the need for exit permits is provided to the applicant during their interview, the migration officer should include the information provided in their interview notes. If the information is provided to the applicant at another time (such as in a letter or during a call), the processing office should add a case note, upload any email correspondence to GCMS and indicate that the applicant was notified of the need to obtain an exit permit in their host country for the purpose of resettlement.

Processing officers should inform applicants to abide by the rules and obligations of the host country, including any registration requirement and any requirement related to the issuance of a Refugee Status Document (RSD), and explain the consequences of not being able to exit the host country. If the application is approved, a visa will be issued, and the applicant must travel before the visa expires. If the applicant is unable to obtain an exit permit before the visa expires, the application will be considered closed and a new application must be submitted.

If an applicant is unable to exit their host country

Withdrawal

If a migration officer has reason to believe that it is unlikely an applicant will be able to obtain an exit permit, they can offer the applicant the opportunity to withdraw their application. IRCC does not have the legal authority to withdraw an application on behalf of an applicant; a withdrawal must be initiated by the applicant or their designated representative.

Placing files on hold

Because IRCC has an obligation to process applications in a timely manner, migration officers should not place the file on hold for an indefinite period of time. However, if an officer believes that the situation is likely to change in the near future, or at an applicant’s request, the file can be placed on hold for a specified period, not exceeding usually 6 months, to allow the applicant to comply with any requirements (related to, for example, registration, the RSD and/or the exit permit) before proceeding to the final decision.

Expired medicals would have to be reassessed or extended should an application be able to proceed after it has been placed on hold. For more information: Immigration medical exam (IME) reassessments and exemptions from a subsequent IME.

Officers do not have the legal authority to request an exit permit and/or proof of legal status from applicants to process their applications because such documents are not required under the Immigration and Refugee Protection Act in order for the officer to issue a permanent residence visa. In addition, to ensure procedural fairness, all requests for documents must be reasonable, meaning that the documents requested must be relevant and not impossible to obtain.

If one or more dependants are unable to obtain an exit permit

IRCC does not encourage the separation of families, but if there are exceptional circumstances (such as an imminent threat to life and/or physical security) in cases where dependants cannot exit the host country, the migration officer may contact the principal applicant and any representative on file to explain the situation and inform the applicant of other options (for example, OYW and Family Class) so that they can resettle to Canada without their dependants. The migration officer should inform the principal applicant that although those types of applications exist, approval is not guaranteed because applicants must meet the requirements of their new application at the time of submission and exit permit restrictions may still apply. If required, migration officers will change each dependant’s status from "accompanying" to "non-accompanying" and proceed to finalization.

Making a final decision

The processing office will process an application up to the final decision stage as per established procedures. If the applicant is not inadmissible and meets the requirements of the program, the migration officer should approve the application.

Since obtaining an exit permit is not a requirement under the Act, the migration officer should not refuse an application on this ground. The processing office will add a case note in GCMS and add the ORG ID to the application if there are concerns about the applicant’s ability to exit the host country.

If an applicant cannot obtain an exit permit after their application is approved

IOM and UNHCR are not responsible for resolving legal status and exit permit issues, but in some instances, they may be able to provide assistance. However, it is the applicants’ responsibility to meet and comply with the exit requirements of their country of residence.

Applicants have until the visa expiry date to resettle to Canada. If an applicant is unable to travel before their visa expires, their application will be closed in GCMS and a new application will be needed should their situation change.