IRCC has corrected its fee guidance for family members of people determined to be protected persons under A95(2). The current instructions state that eligible family members are exempt from work permit processing, open work permit holder and biometric fees when applying under R207(e).
Fee correction applies to protected persons' family members
The Program Delivery Update announces a correction to the processing and biometric fee information for family members of individuals determined to be protected persons under A95(2). It concerns the International Mobility Program instructions for in-Canada family members applying for open work permits under R207(e), using administrative code A70.
The update is a correction to fee guidance. The announcement does not identify an effective date or set out a broader change to the eligibility rules for these work permits.
Current instructions list three fee exemptions
Under the current instruction, family members of protected persons described under A95(2) are exempt from the work permit processing fee, the open work permit holder fee and the biometric fee.
The instructions otherwise list a $155 work permit processing fee, a $100 open work permit holder fee and an $85 biometric fee for work permit applicants. Regular biometric exemptions may also apply, including examples cited in the instruction.
- Work permit processing fee exemption under R299(2)(b)
- Open work permit holder fee exemption under R303.2(2)(a)
- Biometric fee exemption under R315.1(2)(i)(i)(ii)
Who the R207(e) work permit guidance concerns
The instructions are for IRCC employees processing applications from family members of principal applicants described in paragraphs R207(b) to (d). They do not apply to border services officers, as applicants in Canada cannot submit these applications at a port of entry.
To receive an open work permit under R207(e), an applicant must meet the criteria of their specific member class at the time of the work permit decision. They must be in Canada and be a family member as defined in R1(3) of a person described in paragraphs R207(b) to (d). They do not need to live at the same residential address as that family member.
The current guidance says the family member does not need to be accompanying or included in a permanent residence application to qualify. It also says the principal applicant does not need to hold an R207 work permit, provided the principal applicant meets the criteria of their specific class.
Application and evidence considerations
Applicants are generally required to submit an open work permit application through the online IRCC Secure Account. The instruction says that only applicants meeting the requirements of R9.4 and R9.5 may use a paper application form.
Officers are directed to confirm that the principal applicant meets the eligibility requirements of the relevant member class and to review proof of the family relationship, such as a birth certificate. Applicants must also meet the requirements of R200, including demonstrating that they will leave Canada at the end of their authorized period of stay; this is assessed individually by an officer.
For affected files, the practical operational point is to ensure that the applicable fee exemptions are applied, including the biometric fee exemption, while the application continues to be assessed under the current R207(e) and general work permit instructions.
Source: IRCC Program Delivery Updates