Published
Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.
Updated November 13, 2026: IRPA ss. 21, 95, 108, 109 and 115 and IRCC’s protected persons instructions checked that day.
What it is: you were found to be a Convention refugee or a person in need of protection, by the IRB or through a positive PRRA (IRPA s. 95).
What it gives you: protection from removal to the country you fled, the right to work and study, and the right to apply for permanent residence.
What it doesn’t: it isn’t permanent residence, and it can be lost. Why a lawyer
Our immigration lawyers
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
A protected person in Canada is someone Canada has recognized as a Convention refugee or a person in need of protection, usually after a positive decision at the Refugee Protection Division or the Refugee Appeal Division, or a positive pre-removal risk assessment (IRPA s. 95). The status protects you from being sent back to the country you fled and lets you apply for permanent residence. But it is not permanent residence, and travelling home or renewing your home-country passport can put it at risk.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, represents refugee claimants and protected persons, from the claim to permanent residence, and in cessation and vacation proceedings; this guide is by Sundeep S. Grewal.
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How you become a protected person
| Route | Proof of status |
|---|---|
| Refugee claim accepted by the RPD or RAD | The IRB’s Notice of Decision |
| Positive pre-removal risk assessment | IRCC’s decision and a Verification of Status document |
Any protected person can ask IRCC for a Verification of Status document as proof. IRCC charges no fee for it if you aren’t yet a permanent resident or citizen.
What protected person status gives you
- Protection from removal to a country where you’d face persecution or torture (s. 115(1)). The main exception is a danger opinions.
- The right to apply for permanent residence from inside Canada, with your family: see the protected person PR application.
- Work and study while you wait (an open work permit; see refugee claimant work permits).
What it doesn’t give you
- A PR card, the right to sponsor family as a PR, or a path to citizenship until you become a permanent resident.
- Safety from inadmissibility: you can be refused PR for security, human rights violations, serious criminality or organized crime (s. 21(2)).
Travelling as a protected person
Don’t travel to the country you fled, and don’t apply for or renew that country’s passport. Both are the most common triggers for cessation of refugee protection. If you must travel elsewhere, ask about a refugee travel document and get advice first.
How the status can be lost
| Process | Why | Guide |
|---|---|---|
| Cessation (s. 108) | Re-availment, reacquiring nationality, a new nationality, re-establishment, or changed circumstances | a Minister’s cessation application |
| Vacation (s. 109) | The decision was obtained by misrepresentation | vacation of refugee status |
Why this needs a lawyer
One lawyer, one file, every step:
- applying for permanent residence with your family;
- advice before any travel or passport application;
- defending cessation and vacation applications;
- Federal Court reviews.
Most protected persons lose status not through anything dramatic, but through one trip home or one passport renewal made without advice.
Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can represent you in the Federal Court if a refusal has to be challenged there. An immigration consultant cannot appear in that court for you.
Mistakes I have seen
- Renewing a home-country passport “just for ID”.
- Visiting a sick parent in the home country.
- Waiting years to apply for permanent residence.
- Leaving a family member off the PR application.
Frequently asked questions
Is a protected person a permanent resident?
No. You must apply for permanent residence separately: see the protected person PR application.
Can a protected person sponsor family?
Family can be included in your PR application. Separate sponsorship comes after you’re a PR: see the one-year window for family.
Can I travel outside Canada?
Avoid it until you have advice, and never travel to the country you fled.
Can I lose protected person status?
Yes, through cessation or vacation proceedings brought by the Minister.
What should I do right now?
If you’ve just been accepted, prepare your PR application with every family member listed, and don’t travel or touch your home-country passport without advice.
Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.
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Sources (official)
- Immigration and Refugee Protection Act, s. 95
- Immigration and Refugee Protection Act, s. 115
- Immigration and Refugee Protection Act, s. 21(2)
- Immigration and Refugee Protection Act, s. 108
- Immigration and Refugee Protection Act, s. 109
- IRCC: Protected persons – processing applications for permanent residence (eligibility) (modified December 22, 2025)
This article is general information, not legal advice. Every case depends on its own facts.