I am a successful Refugee claimant. When can I apply for Permanent Residency?


How long do I have to apply for Permanent Residency after the acceptance of my refugee claim?


Under the current legislation a successful refugee claimant is required to apply for permanent residency status within 180 days of the Board’s positive determination.  Immigration’s own materials indicate that the 180 day clock begins when the claimant is notified of the decision rather than the actual decision date, where for example the decision was mailed to the claimant.

If your application for permanent residence is received by Immigration after the 180 days period you take the chance the application will be rejected. A claimant would then have to bring an application for humanitarian and compassionate grounds seeking an exemption from the Act.   Such applications are typically accepted but it would involve significant additional expense, delay and the possibility of rejection.

NOTE: The Harper government has proposed new amendments to the Regulations which would repeal the 180 day rule.

Posted in Immigration Refugee Law Toronto Immigration Law, Toronto Refugee Law, Levine Associates |

Please note: There is no solicitor-client privilege attached to this communication.  Sending an e-mail to Levine Associates will not make us your lawyers.  You will not be considered a client of the firm until we have agreed to act for you in accordance with our usual policies for accepting clients.  Unless you are a current client of Levine Associates, please do not include any confidential information in your e-mail, because no information you send us can be held in confidence, and no information we provide to you can be treated by you as legal advice, unless and until we have agreed to act for you.  There is no solicitor-client privilege attached to this communication.