Protected Person Under Canada Immigration Law
Learn who qualifies as a Protected Person and how to apply for permanent residence after a successful refugee claim or PRRA decision. Ayodele Law helps clients move from refugee protection to permanent status with clear, strategic legal guidance.
What Is a Protected Person?
A Protected Person is someone who has been formally recognized by Canadian immigration authorities as needing protection because returning to their home country would expose them to persecution, torture, or a serious risk to life. This recognition is typically granted by the Immigration and Refugee Board of Canada following a successful refugee claim, or by IRCC through a positive Pre-Removal Risk Assessment (PRRA).
Once recognized, a Protected Person has the legal right to remain in Canada and may apply for permanent residence under Canada’s protected persons pathway.
At Ayodele Law, we help clients move from refugee protection to permanent resident status with clear legal strategy, careful documentation, and timely filings. Our role is to ensure that the transition from protection to permanence is handled properly — without unnecessary delays, refusals, or future sponsorship barriers.
Who Is Eligible to Apply as a Protected Person?
You may be eligible to apply for permanent residence as a Protected Person if you are currently in Canada and have received a positive decision recognizing you as either:
A Convention Refugee, or
A Person in Need of Protection
This determination is usually issued by the Refugee Protection Division after a refugee hearing, or by IRCC following a positive PRRA decision. If you are unsure whether your status qualifies, legal review is important before submitting a permanent residence application.
Certain restrictions may apply. You may be ineligible if you have permanent protection in another country, face serious criminal inadmissibility, or have been designated a Designated Foreign National (DFN).
What Happens After You Are Recognized as a Protected Person?
Once your claim is accepted, you gain the legal right to remain in Canada and begin the permanent residence process. Most Protected Persons may apply for permanent residence shortly after receiving their positive decision and may include eligible family members who are either in Canada or abroad.
While your permanent residence application is being processed, you may be eligible to work legally and access health care coverage. Applying as soon as you are eligible helps avoid unnecessary delays, supports family reunification, and reduces the risk of future complications.
If your refugee claim or PRRA was refused before protection was granted, different appeal or review options may have applied at that stage.
Why Legal Guidance Matters After You’re Granted Protection
Receiving Protected Person status is a major milestone — but it is not the end of the process. Permanent residence applications involve strict forms, identity documentation, family declarations, and background disclosures. Errors or omissions at this stage can result in returned applications, long processing delays, or permanent limitations on sponsoring family members in the future.
This is especially important for individuals who have complex travel histories, limited identity documents, overseas family members, or past immigration refusals.
We assist Protected Persons with:
Preparing complete and accurate permanent residence applications
Advising on family inclusion and overseas processing timelines
Addressing inadmissibility or documentation concerns before filing
Coordinating biometrics and medical requirements
Responding to procedural fairness concerns if they arise
Our goal is to help you move from temporary protection to permanent status as efficiently and safely as possible — with your long-term immigration future protected.
Frequently Asked Questions
Applying for permanent residence as a Protected Person can raise important questions about eligibility, timelines, family members, and your rights in Canada. Below are answers to some of the most common concerns we hear from individuals and families after receiving refugee protection. If your situation involves prior refusals, inadmissibility issues, or urgent family reunification, obtaining legal advice early can help avoid delays and complications.
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A Protected Person is someone in Canada who has been recognized by the Immigration and Refugee Board of Canada (IRB) or by IRCC as either a Convention Refugee or a Person in Need of Protection. This recognition confirms that returning you to your home country would expose you to persecution, torture, or a serious risk to life. Once recognized, you may apply for permanent residence in Canada.
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Yes. Protected Persons are eligible to apply for permanent residence under Canada’s protected persons pathway. In most cases, you can apply shortly after receiving your positive decision, and you may include eligible family members. Certain exceptions apply, such as where an individual has permanent protection in another country or has been designated a Designated Foreign National (DFN).
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There is no strict deadline, but applying as soon as you are eligible is strongly recommended. Delays can affect access to benefits, family reunification, and overall stability. If you have been designated as a DFN, you may be required to wait five or six years before applying, depending on your circumstances.
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Yes. You must list all family members — including your spouse, common-law partner, and dependent children — whether they are in Canada or abroad. Even if you choose not to process a family member immediately, failing to declare them can permanently prevent future sponsorship. Family members abroad may still be processed after you become a permanent resident, subject to timelines and eligibility rules.
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Most Protected Persons can legally work in Canada and access health coverage through the Interim Federal Health Program while their permanent residence application is being processed. Eligibility depends on your individual status and documentation, so it’s important to confirm your rights early to avoid gaps in coverage or work authorization.
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Protected Person status can be reviewed or revoked in limited circumstances, such as where it was obtained through misrepresentation or where country conditions have fundamentally changed. Travelling back to your country of persecution or providing inconsistent information in future applications may also create serious risks. Legal advice is strongly recommended before international travel or filing additional immigration applications.
From Our Clients
From start to finish, Tracy's professionalism and personalized approach made a significant difference in my case and my life. She was not only knowledgeable but also genuinely supportive, ensuring that every step of the process was handled with care and attention to detail. If you need expert immigration assistance, I highly recommend Ayodele Law
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Telephone: 647-937-4330
Fax: 416-486-7747
Email: admin@ayodelelaw.ca