I moved to Canada as a child and was taken into care. Can I stay here permanently?
You and your family may qualify to live in Canada permanently if:
- you came to Canada under the age of 19, and
- a child protection agency or authority in Canada, such as a Children's Aid Society in Ontario, was legally responsible for your care for at least one year because of a court order.
Being legally responsible means a court gave a child protection agency or authority the rights and duties that parents have. This is also called being taken into care. You may have been in foster care or lived in a group home while in care.
The child protection system is also called child welfare, protective care, children's aid, or state care. In Ontario, children in care were often called Crown wards.
Immigration, Refugees and Citizenship Canada (IRCC) has a new pathway you can use to apply for permanent resident status. It's called the Permanent residence pathway for foreign nationals who were in state care.
Step 1 explains all the conditions you need to meet. And Step 2 explains which family members you can include on your application.
The pathway is temporary. You must apply by January 21, 2027. There are no application fees.
Why this pathway exists
There are people who came to Canada as children and were taken into care. While in care, no one helped them get status or Canadian citizenship. And some later lost the status they had. This might have happened, for example, if they were convicted of a crime after turning 18 years old. And now they're at risk of being removed from Canada.
Black people in particular, and people from other racialized groups, are more likely to have been affected by this. This is because of racism, and especially anti-Black racism, in Canada's child protection, police and court systems.
The Government of Canada created this pathway after people who were affected and groups fighting for justice asked for it.
How to apply
You have to fill out certain forms and mail them to IRCC with photos of yourself and copies of some documents.
You will likely also have to send forms, photos, and copies of documents from certain family members. And you may need to send in original police certificates.
Steps 3 to 5 explain the process to apply and what to do after you get IRCC's decision.
Temporary resident permit
It can take time for your application to be processed. If you do not have immigration status in Canada, you might also want to apply for a temporary resident permit (TRP) for people who were in care. A TRP lets you stay in Canada temporarily.
You can apply for a work or study permit at the same time as a TRP. This is a separate process.
Get legal help
Applying for permanent residence is complicated. It's best to ask an immigration lawyer if you're eligible to apply, and to help you fill out or review your application. And if you do not have legal status, it's also important to talk to a lawyer.
You may be able to get help with immigration issues from Justice for Children and Youth if you're:
- younger than 25,
- live in Ontario, and
- came to Canada as a child.
