Canada expands flexibility for refugee applicants, i.e., Canada has introduced more flexibility for refugees facing difficulties leaving their host countries.

New guidance from Immigration, Refugees and Citizenship Canada (IRCC) confirms that refugee applicants do not need to provide exit permits or proof of legal status in their host country in order for their resettlement applications to move forward.

The updated instructions clarify that these documents are not legally required under Canada’s Immigration and Refugee Protection Act (IRPA) to issue a permanent residence visa.

The same update also gives refugees more flexibility when family members cannot travel together because of exit barriers.

What Does The Updated Guidance Mean?

Many refugees applying for resettlement live in countries where exit permits are required before leaving.

In some cases, refugees cannot obtain these permits because of problems outside their control.

These barriers may include:

  • Lack of legal immigration status
  • High government fees
  • Administrative restrictions in the host country

Under the updated guidance, IRCC officers can now continue processing refugee resettlement applications even when an exit permit cannot be obtained.

If the refugee applicant meets all program requirements and is not considered inadmissible to Canada, officers are instructed to approve the application.

The inability to secure an exit permit cannot be used as a reason to refuse the application.

This change is expected to help many refugees whose applications were previously delayed because of issues related to documentation in their host country.

What Happens If Refugees Cannot Leave Their Host Country?

The new instructions outline three possible paths when refugees face barriers preventing them from exiting their host country.

1. Withdrawal:

Applicants may choose to withdraw their application themselves. IRCC cannot withdraw an application without the applicant’s request or permission from an authorized representative.

2. File Placed On Hold:

If an officer believes the situation may improve soon, the application can be temporarily paused for a limited period, usually up to six months. 

The hold cannot continue indefinitely because IRCC still has a responsibility to process files within a reasonable timeframe. 

During this period, medical examinations may expire and later need to be updated.

3. Proceed To Final Decision:

If all immigration requirements are met, officers can approve the application and issue a permanent residence visa.

The applicant then has until the visa expiry date to leave the host country and travel to Canada.

If the person still cannot leave before the visa expires, the file is closed internally and a new application may later be required.

Flexibility For Family Members Facing Exit Barriers

The updated guidance also addresses situations where some family members cannot obtain permission to leave their host country.

In urgent or dangerous circumstances, a principal applicant may ask for certain dependents to be changed from “accompanying” to “non-accompanying.”

This allows the main applicant and eligible family members to travel to Canada without delay.

However, this decision may temporarily separate families.

IRCC notes that reunification may later be possible through:

  • The One-Year Window provision; or
  • Family Class sponsorship.

Approval under these future applications is not guaranteed.

Understanding The One-Year Window Provision

The One-Year Window is designed specifically for resettled refugees.

It allows principal applicants to later bring close family members who were listed on the original refugee application but could not travel at the same time.

This usually includes:

  • A spouse
  • A common-law partner
  • Dependent children

To use this option, the refugee must submit the request within one year of arriving in Canada as a permanent resident.

Family members must still meet all immigration requirements at the time of the later application.

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