Published
Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.
Updated November 13, 2026: IRPA s. 21(2), IRPR ss. 176 and 178 and IRCC’s protected persons instructions checked that day.
Who: anyone found to be a Convention refugee or person in need of protection, by the IRB or a positive PRRA.
Family: include your spouse or partner and dependent children, in Canada or abroad. Family abroad can apply up to one year after you become a PR (IRPR s. 176(2)).
Processing time: check IRCC’s current estimate; files with identity or admissibility questions take longer. 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.
Protected persons in Canada can apply for permanent residence from inside Canada, and include their spouse or common-law partner and dependent children, whether they are in Canada or abroad. You become a permanent resident if IRCC is satisfied you applied properly and you’re not inadmissible for security, human rights violations, serious criminality or organized crime (IRPA s. 21(2)). There is no deadline for you to apply, but delay helps no one: your family abroad waits on your application.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, prepares protected person permanent residence applications, including family members abroad and identity and admissibility problems; this guide is by Pardeep S. Grewal.
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Who can apply
- People accepted as refugees by the Refugee Protection Division or Refugee Appeal Division;
- People with a positive pre-removal risk assessment;
- Members of the protected temporary residents class.
If you’re the subject of a cessation or vacation decision, you can no longer apply. See what protected person status means.
Including your family
| Where they are | What happens |
|---|---|
| In Canada | Included and processed with you |
| Abroad, submitted with your application | Processed alongside you through a visa office |
| Abroad, listed but not yet applying (or whereabouts unknown) | Can apply within one year after you become a PR (IRPR s. 176(2)); see the one-year window for family |
List every family member, even those you can’t locate. A family member you never declared generally can’t be sponsored later: see undeclared family members (R117(9)(d)).
Proving your identity
You need identity documents. If you can’t get a passport or national ID from your country, and you shouldn’t apply for one there, IRPR s. 178 lets you submit identity documents issued before you came to Canada, or a statutory declaration with a reasonable explanation, supported by a declaration from someone who knew you or your family, or from an organization representing your nationals. These must be consistent with what you told the IRB.
Inadmissibility at the PR stage
Protected persons are exempt from some grounds (such as financial reasons), but not from security, human rights violations, serious criminality, organized criminality and a few others (s. 21(2)). A criminal conviction after your claim, or an old allegation, can stall or sink the application. See a stuck or refused protected person PR application.
Processing time
IRCC publishes a current estimate on its IRCC: Check processing times. It changes often. Identity questions, security screening and family abroad usually add time.
After you apply
- Acknowledgment of receipt;
- Requests for biometrics, medicals and any missing documents;
- Possibly an interview;
- Confirmation of permanent residence and landing.
Why this needs a lawyer
One lawyer, one file, every step:
- preparing the application with every family member listed;
- solving identity document problems without risking cessation;
- answering admissibility concerns;
- pushing a stalled file.
The PR application repeats much of what you told the IRB. Inconsistencies, or a missing family member, cause problems that can last for years.
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
- Applying to the home country for a passport to prove identity.
- Leaving off a spouse or child “to apply later”.
- Answers that don’t match the refugee claim.
- Not updating IRCC about a new marriage or child before landing.
Frequently asked questions
Is there a deadline to apply?
Not for you. Family members abroad have one year after you become a PR.
Can I include family abroad?
Yes. List them all; they can be processed with you or apply within one year after you land.
Do I need a passport?
Not necessarily. IRPR s. 178 allows other identity evidence.
How long does it take?
See IRCC’s IRCC: Check processing times; complex files take longer.
What should I do right now?
Gather your IRB decision, identity documents and every family member’s details, and apply.
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. 21(2)
- Immigration and Refugee Protection Regulations, s. 176
- Immigration and Refugee Protection Regulations, s. 178
- IRCC: Protected persons – processing applications for permanent residence (eligibility) (modified December 22, 2025)
- IRCC: Protected persons – family members overseas (modified December 22, 2025)
- IRCC: Check processing times
This article is general information, not legal advice. Every case depends on its own facts.