Canada Increases Flexibility for Refugees Facing Exit Barriers

Canada has introduced more flexibility for refugees who are facing difficulties leaving their host country.

New instructions from Immigration, Refugees and Citizenship Canada (IRCC) confirm that refugees applying for resettlement to Canada are not required to provide an exit permit or proof of legal status in their host country for their permanent residence application to be processed.

This update is important for many refugees who are living in countries where leaving may be difficult due to legal, financial, or administrative barriers.

What Has IRCC Clarified?

Many refugees applying for resettlement to Canada are living in host countries that require an exit permit before they can leave. In some cases, refugees are unable to get this permit because of reasons beyond their control.

These reasons may include:

• Lack of legal status in the host country
• High registration or permit fees
• Administrative barriers
• Delays or refusal by local authorities
  
  

IRCC has now clarified that an exit permit is not required under the Immigration and Refugee Protection Act to issue a permanent residence visa.

This means that IRCC officers can continue processing the refugee resettlement application even if the applicant cannot provide an exit permit.

Can an Application Be Refused for Not Having an Exit Permit?

No. If the applicant meets the requirements of the resettlement program and is not inadmissible to Canada, the application should not be refused only because the person cannot obtain an exit permit.

IRCC officers may approve the application and issue the permanent residence visa if all other requirements are met.

What Happens If the Applicant Cannot Leave the Host Country?

If a refugee cannot leave the host country because of exit barriers, IRCC guidance provides three possible options.

1. Withdrawal of the Application

The applicant may choose to withdraw the application.

However, IRCC cannot withdraw the application on its own. Only the applicant or their authorized representative can request withdrawal.

2. File Placed on Hold

If the officer believes the applicant’s situation may improve soon, the file may be placed on hold for a specific period.

Usually, this hold may be for up to six months. The hold cannot continue indefinitely because IRCC has a duty to process applications within a reasonable time.

Applicants should also note that medical exams may expire during this period and may need to be completed again before processing continues.

3. Final Decision and PR Visa Issuance

If the applicant meets all program requirements, the officer may approve the application and issue the permanent residence visa.

The applicant must then leave the host country and travel to Canada before the visa expires.

If the applicant cannot leave before the visa expiry date, the file may be closed internally, and a new application may be required.

What If Family Members Cannot Leave?

In exceptional situations, such as where there is an immediate threat to life or physical safety, the principal applicant may choose to proceed without certain dependents who cannot obtain an exit permit.

In such cases, those dependents may be changed from “accompanying” to “non-accompanying.”

This allows the principal applicant and other eligible family members to travel to Canada without further delay. However, it also means that some family members may have to remain behind.

Can Family Members Join Later?

Family reunification may be possible later through other immigration pathways.

These may include:

• One-Year Window provision
• Family Class sponsorship
  
  

The One-Year Window provision allows certain family members who were declared in the original refugee resettlement application to be processed later. This may include a spouse, common-law partner, or dependent children.

The request must be submitted within one year after the principal applicant arrives in Canada as a permanent resident.

However, approval is not guaranteed. Family members must still meet the requirements of the program at the time of application.

Final Thoughts

This new IRCC guidance gives more flexibility to refugees who are unable to obtain exit permits or prove legal status in their host country.

The update confirms that these barriers should not automatically prevent an eligible refugee from receiving a permanent residence visa for Canada.

However, refugees and their families should carefully understand the consequences of each option, especially when dependents are unable to travel at the same time.

For refugee resettlement and family reunification matters, it is important to seek proper guidance before making any decision.