• 1 January 2024

Canada’s New Permanent Residence Pathway for Former Minors in Protective Care

For a considerable amount of time, Canada has been dedicated to maintaining its ideals of empathy and diversity, especially with regard to marginalised groups. As part of this commitment, Immigration, Refugees and Citizenship Canada (IRCC) has unveiled a new pathway for permanent residence that is meant to serve as a lifeline for people who entered the country as minors, were put in protective care, but were never granted citizenship or permanent residence. This blog examines the importance of this new route and how it affects the lives of individuals who are impacted. 

For a small number of individuals, their journey to Canada began as minors under the care of child protection services. However, due to various circumstances, they were unable to obtain permanent residence or citizenship during their time in protective care. Now, faced with the risk of deportation to their country of birth, many of these individuals find themselves in a precarious situation. They have spent years living in Canada, often with little or no connection to their country of origin and lacking proficiency in its language. 

Recognizing the urgency of the situation, IRCC has introduced a groundbreaking public policy aimed at providing a permanent residence pathway for these individuals. This pathway offers a glimmer of hope for those who have been living in uncertainty, offering them a chance to secure their place in the country they call home. Unlike previous measures, which provided temporary relief through temporary resident permits (TRPs), this pathway offers a long-term solution by granting permanent residence status. 

The different conditions are as follows: 

Part 1 – Conditions (eligibility requirements) applicable to principal applicants 

Based on public policy considerations, delegated officers may grant permanent residence status to foreign nationals who meet the following conditions: 

Foreign national who: 

1. entered Canada before age 19;
2. is physically in Canada at time of application under this public policy; 3. has continuously resided in Canada for at least three years on the date of their application;
3. has continuously resided in Canada since age 19, if over the age of 19; 5. was under the legal responsibility of a child and family services provider under a provincial or territorial government’s designated ministry for child protection for at least 1 year (cumulative);
4. intends to reside in a province or territory other than the province of Quebec; 7. is not inadmissible other than pursuant to any of the following: a. subsection 36(1) of the Act on serious criminality grounds;
5. subsection 36(2) of the Act on criminality grounds;
6. paragraph 38(1)(c) of the Act on health grounds for a health condition that might reasonably be expected to cause excessive demand on health or social services;
7. section 39 of the Act on financial reasons;
8. paragraph 40(1)(a) of the Act for no other reasons than

misrepresentation related to their entry to Canada or overstaying their temporary resident status and working or studying without 

authorization; 

1. paragraph 40(1)(b) of the Act for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation g. subsection 41(a) of the Act for non-compliance;
2. section 42 of the Act where the family member is inadmissible, except where the family member is inadmissible under subsections 34(1), 35(1) or 37(1) of the Act;
3. is not a person referred to in section F of Article 1 of the Refugee Convention; 9. holds a document enumerated at subsection 50(1) of the Regulations or if they are unable to obtain a document enumerated at subsection 50(1), provides a document described in subsection 178(1) and 178(2) of the Regulations; and

10.is physically in Canada at time of granting of permanent residence. 

Part 2 – Conditions (eligibility requirements) applicable to family members in Canada 

In-Canada family members of a principal applicant who applies for permanent residence under this public policy are eligible to be granted permanent residence pursuant to this public policy if they meet the following conditions: 

1. the foreign national is physically present in Canada at the time of application for permanent residence under this public policy;
2. the foreign national has been included as an accompanying family member in an application for permanent residence by a principal applicant under this public policy;
3. the foreign national meets the definition of a “family member” in subsection 1(3) of the Regulations;
4. the foreign national intends to reside in a province or territory other than the province of Quebec;
5. the foreign national is not inadmissible other than pursuant to any of the following:
6. paragraph 40(1)(a) of the Act for no other reasons than

misrepresentation related to overstaying their temporary resident status and working or studying without authorization; 

1. subsection 41(a) of the Act for no other reasons than overstaying their temporary resident status and working or studying without

authorization; 

1. section 42 of the Act where the family member is inadmissible, except where the family member is inadmissible under subsections 34(1), 35(1) or 37(1) of the Act;
2. a delegated officer has determined that the principal applicant meets all conditions (eligibility requirements) pursuant to this public policy; 7. the foreign national holds a document enumerated at subsection 50(1) of the Regulations or if they are unable to obtain a document enumerated at subsection 50(1), provides a document described in subsection 178(1) and 178(2) of the Regulations; and
3. the foreign national is physically in Canada at time of granting of permanent residence.

This new road for permanent residence builds on earlier policies put into place in the fall of 2023. At first, TRPs were given to qualified individuals in addition to work or study permits in order to allay short-term worries regarding their immigration status in Canada. With the creation of this pathway for permanent residency, these people now have the chance to create a safe and secure future for themselves in Canada. 

The establishment of this option for permanent residence serves as a reminder of Canada’s dedication to inclusivity, justice, and compassion. It guarantees that those who have spent their early years in protective care are not forgotten and recognizes their special circumstances. Canada shows its commitment to aiding vulnerable people and its belief in second chances by offering a clear pathway to permanent residence. 

An important turning point in Canada’s immigration policy is the creation of the new option for permanent residence for former kids in protective care. It gives those who have endured uncertainty for far too long hope and stability, enabling them to fully engage in Canadian society and add to its rich diversity. Initiatives like these highlight Canada’s dedication to compassion and tolerance as the nation continues

to change its immigration laws, making it a ray of hope for marginalised people everywhere.