Facilities offered to foreign representatives and their accompanying family members wishing to acquire permanent resident status

Circular Note No. XDC-0081 of January 27, 2012

The Department of Foreign Affairs and International Trade (Office of Protocol) presents its compliments to Their Excellencies the Heads of Diplomatic Missions and notified Chargés d’affaires, a. i. accredited to Canada, and to the Heads of International Organizations and other Offices established in Canada, and has the honour to clarify the facilities offered to accredited foreign representatives in Canada and their accompanying family members wishing to acquire permanent resident status.

The Department should be notified formally of any intent by an accredited foreign representative or family member wishing to acquire permanent resident status during the period of posting. In the case of a bilateral mission, such notification should be sent by way of note verbale, while in the case of an international organization or other representative office, it should be sent by way of letter.

The Department's concurrence or pre-approval must no longer be sought prior to an accredited person submitting an application for permanent residence to Citizenship and Immigration Canada (CIC). It is however understood that when permanent residence status is effectively granted, the affected persons' accreditation and related privileges and immunities will be automatically withdrawn, consistent with Circular Note XDC-1407 of June 30, 2005.

It should be emphasized that the Department's Office of Protocol does not provide policy or practical advice to accredited persons wishing to immigrate to Canada on a permanent basis and on related requirements. Such persons are encouraged to consult the website.

Requests for family members wishing to stay in Canada following the principal's posting will continue to be processed in accordance with the applicable on-line guidelines.

A word about the duration of bilateral postings in Canada

The Department has noted that the vast majority of sending States post home-based staff in Canada for two to five years. In connection therewith, the Department will continue to grant accreditation to bilateral diplomats, members of the administrative and technical staff and members of the service staff based on the assumption that they are rotated on a regular basis and that none are posted for prolonged periods or indefinitely. In the case of foreign representatives whose posting is prolonged beyond the notional posting period of five years, and for greater clarity, the Department may seek a confirmation of continued posting by transmitting a Note directly to the sending State's ministry of foreign affairs.

The Department requests that the content of this Note be transmitted to all members of diplomatic and consular representations, international organizations and other representative offices.

The Department of Foreign Affairs and International Trade (Office of Protocol) avails itself of this opportunity to renew to their Excellencies the Heads of Diplomatic Missions and notified Chargés d’affaires, a.i. accredited to Canada and Heads of International Organizations and other Offices established in Canada, the assurances of its highest consideration.

OTTAWA, January 27, 2012