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Permanent residence pathway: Foreign nationals who were in state care – Processing the application

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

Applicants applying under the public policy must meet the eligibility requirements of the public policy.

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Approval in principle

Once the delegated officer is satisfied that a principal applicant and their family members meet the conditions (eligibility requirements) outlined in the public policy, they:

  • approve the application in principle
  • send a letter informing the applicant that
    • their application has been approved in principle
    • they and their dependents must still meet any admissibility requirements not exempted under the public policy, and if these requirements are not met, the application for permanent residence will be refused
  • update the applicant’s file and the Global Case Management System (GCMS)

Note: Applicants known to be inadmissible for reasons other than those exempted under the public policy will not receive an approval in principle. Humanitarian and compassionate grounds cannot be used to overcome the eligibility criteria of the public policy.

Stay of removal

Once the application has been approved in principle, any existing removal order will be stayed according to section 233 of the Immigration and Refugee Protection Regulations. This stay of removal will be in effect until a final decision is made on the permanent residence application under this public policy.

Officers will conduct a final assessment following the guidelines in Admissibility before granting permanent residence.

Applicants who intend to reside in Quebec

Applicants who intend to reside in Quebec require a Certificat de Sélection du Québec (CSQ) once they receive a positive eligibility decision. IRCC will refer the application to the provincial immigration authority, the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI), on the applicant’s behalf.

If MIFI approves and issues a CSQ, the application will continue to be processed.

If MIFI refuses to issue a CSQ, IRCC will continue to process the application for permanent residence, provided the applicant demonstrates that they no longer live in the province of Quebec.

Refusal

When officers determine that the eligibility requirements have not been met, they should refer to the guidelines in Making a final decision.

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2024-12-13

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