Citizenship and Residency Requirements

Effective:  June 1, 2024

For a family unit to be eligible for income assistance, disability assistance, or hardship assistance, at least one applicant or recipient in the family unit must be ordinarily resident in British Columbia (BC) and one of the following:  

• A Canadian citizen
• A permanent resident
• A protected person, Convention refugee or person in need of protection
• In Canada on a temporary resident permit
• Has applied for a temporary resident permit as a victim of family violence
• A refugee claimant/person applying for protection
• Under a removal order that has been stayed or cannot be executed; for example, the person’s home country no longer exists making it impossible for the person to return, or the person cannot obtain travel documents. This status should be verified through the Financial and Administrative Services Branch (FASB). Removal orders are not considered executable until the date of deportation
• A person who is in Canada under a temporary resident visa (under the Immigration and Refugee Protection Act (Canada)) that was issued through an emergency authorization process for humanitarian reasons related to armed conflict.
• A dependent child

Assistance may only be provided to each person who is ordinarily resident in BC and meets the citizenship requirement. In general, the citizenship status of a dependent child does not affect the family unit’s eligibility.

A recipient becomes ineligible for assistance if they are outside of BC for more than 30 consecutive days unless they obtain prior authorization from the ministry. For more information about being outside of BC for more than 30 consecutive days, review the absent from BC topic.

"Ordinarily resident" in BC refers to the place where the applicant or recipient normally lives the regular routine of their day-to-day life. Indicators may include but are not limited to:

• An established “place of residence” in BC. Learn more by reviewing the support, shelter and special care page 
• Residence of spouse, children, and other dependent family members in BC
• Legal and other documents indicating BC residence, such as utility bills
• BC driver's license or BC services card
• Registration of vehicles in BC
• Employment or business relationships in BC
• Links to community in BC through religious organizations, recreational and social clubs, unions, and professional organizations
• Life or health insurance policies in BC, such as BC Medical Services Plan coverage
• Filing income tax returns as a BC resident
• Bank or other financial accounts with a home branch in BC
• Applying for government assistance, programs, and/or financial benefits in BC
• The frequency, length, purpose, and intention of stays within and outside of BC

Repeated instances of leaving BC, returning briefly, and then leaving again would most likely not be considered as ordinarily resident of BC. Each situation is assessed on a case-by-case basis.

Effective:  October 1, 2012

The Policy and Program Implementation Manager (PPIM) is responsible for determining whether a family unit qualifies for an exemption from citizenship requirements.

Sole applicant or recipient family units may be exempt from citizenship requirements in certain circumstances. To qualify for the exemption, the sole applicant or recipient family unit must meet all of the following criteria:

• The applicant or recipient has one or more dependent children who are Canadian citizens;
• The applicant or recipient has separated from an abusive spouse;
• The applicant or recipient has applied for status as a permanent resident under the Immigration and Refugee Protection Act (Canada);
• The applicant or recipient cannot readily leave British Columbia with the dependent children because:
  • A court order, agreement or other arrangement with respect to one or more of the dependent children provides custody, guardianship or access rights to another person who resides in British Columbia and leaving British Columbia with the dependent children would likely contravene the provisions of the court order, agreement or other arrangement,
  • Another person who resides in British Columbia is claiming custody, guardianship or access rights with respect to one or more of the dependent children and the person’s claims have not yet been resolved, or
  • The applicant or recipient, or a dependent child of the applicant or recipient, is being treated for a medical condition and leaving British Columbia would result in imminent danger to the physical health of the applicant, recipient or dependent child.

Provided that all other eligibility criteria are met, families that qualify for this exemption are to be provided with income assistance or disability assistance on account of the applicant and any dependent in the family unit, regardless of the citizenship status of the children. Learn more by reviewing the support, shelter and special care facilities page.

If a family unit qualifies for an exemption from citizenship requirements, their circumstances must be reviewed every 6 months to determine if the exemption still applies. 

Effective: October 29, 2013

In assessing criteria for an exemption from citizenship requirements, the Policy and Program Implementation Manager (PPIM) must consider the following guidelines:

Criterion	Guideline
The applicant or recipient has one or more dependent children who are Canadian citizens.	The applicant or recipient should provide evidence that confirms that at least one child in the family unit is a Canadian Citizen (e.g., birth certificate, passport). For more information on establishing and verifying proof of identity, review identification requirements.
The applicant or recipient has separated from an abusive spouse.	The abuse experienced by the applicant or recipient may be one or more types of family violence defined in the Family Law Act. Family violence includes physical abuse, sexual abuse, psychological abuse, and emotional abuse. Psychological or emotional abuse includes: Intimidation, harassment, coercion or threats, including threats respecting other persons, pets or property Unreasonable restrictions on, or prevention of, a family member's financial or personal autonomy Stalking or following of the family member, and Intentional damage to property Where a child is involved, family violence includes direct or indirect exposure to family violence. If the applicant or recipient has applied for a Temporary Resident Permit as a victim of family violence, refer to applications for a temporary resident permits as a victim of family violence for more information. For additional information, review the persons fleeing abuse topic.
The applicant or recipient has applied for status as a permanent resident under the Immigration and Refugee Protection Act (Canada).	The applicant or recipient should provide evidence that demonstrates that they have applied for permanent resident status (e.g., proof of application fee payment). If documentation is not available, written confirmation from the applicant’s lawyer or advocate is sufficient proof to determine eligibility. Can also be verified by the ministry’s the Financial and Administrative Services Branch (FASB).
The applicant or recipient cannot readily leave British Columbia with the dependent children for one or more of the following reasons: A court order, agreement or other arrangement with respect to one or more of the dependent children provides custody, guardianship or access rights to another person who resides in British Columbia, and leaving British Columbia with the dependent children would likely contravene the provisions of the court order, agreement or other arrangement. Another person who resides in British Columbia is claiming custody, guardianship or access rights with respect to one or more of the dependent children and the person’s claims have not yet been resolved, or The applicant or recipient, or a dependent child of the applicant or recipient, is being treated for a medical condition and leaving British Columbia would result in imminent danger to the physical health of the applicant, recipient or dependent child.	With regard to custody, the PPIM determines whether this criterion has been met by examining the available evidence, which includes information provided by the applicant, their lawyer, or advocate. Examples of evidence include court orders, private agreements or proof of other arrangements. If documentation is not available, verbal confirmation from the applicant’s lawyer or advocate is sufficient proof to determine eligibility. A medical practitioner or other prescribed professional should provide evidence to help determine whether leaving British Columbia would result in imminent danger to the physical health to a member of the family unit.

Effective:  December 13, 2019

Refugee claimants or persons applying for protection include persons who:

• Have made a claim for refugee protection and are awaiting to have their initial eligibility interview with a Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) representative
• Have applied for a temporary resident permit as a victim of family violence. Review applications for a temporary resident permit as a victim of family violence for more information
• Have made a claim for refugee protection with the Refugee Protection Division of the Immigration and Refugee Board (IRB) and are awaiting their hearing
• Have been denied protected person status by the IRB (Convention refugee and person in need of protection) and are appealing
• Are eligible for a Pre-Removal Risk Assessment (PRRA) by IRCC or are applying for judicial review by the Federal Court of Canada. This includes:
  • PRRA applicants who have exhausted appeals for refugee protection through IRB
  • Refugee claimants whose claim was refused, withdrawn, or abandoned, and
  • Refugee claimants who are inadmissible for referral to the IRB but may still qualify for protection through PRRA or the judicial review by the Federal Court of Canada
• Are subject to a removal order issued by IRCC when the order has been stayed or cannot be executed (i.e. no travel documents). Removal orders are not considered executable until the date of deportation

Applicants who are refugee claimants or persons applying for protection, Temporary Resident Permit holders, and persons under a removal order that cannot be executed must provide an Acknowledgement of Claim and Notice to Return for Interview (AOC) form or the IMM1442 immigration document that specifies they are in Canada under these categories when applying for income assistance and disability assistance.  The ministry recognizes the AOC or the IMM1442 document as primary identification and as the sole piece of identification required from this client group while waiting to receive secondary identification. Review the identification requirements topic to learn about possible exceptions. This status should be verified with the Financial and Administrative Services Branch (FASB).

Refugee claimants or persons applying for protection are exempt from Social Insurance Number (SIN) requirements when determining eligibility for income assistance or disability assistance. Learn more by reviewing the exemptions from SIN requirements section

Refugee claimants or persons applying for protection are exempt from Social Insurance Number (SIN) requirements when determining eligibility for income assistance or disability assistance review  exemptions from SIN requirements section

Effective: May 26, 2020

Those who have applied for a temporary resident permit as a victim of family violence must provide documentation of their application and have it verified by the Financial and Administrative Services Branch (FASB). Documentation must be verified by FASB before assistance is issued. Examples of documentation may include but are not limited to: confirmation letters from an advocate, lawyer, or immigration consultant, or a copy of a completed Temporary Resident Permit (TRP) application form. The ministry recognizes an application under these circumstances as sufficient for meeting citizenship requirements until the assessment of their application for a TRP has been completed. To ensure continued eligibility, the client’s immigration status should be updated once their application for a TRP as a victim of family violence is approved. The status of the application should be reviewed regularly reviewed by FASB.

Learn more by reviewing the persons fleeing abuse topic.

Effective: May 26, 2020

The following applicants and recipients are exempt from meeting the Social Insurance Number (SIN) requirement when determining eligibility for income assistance or disability assistance:

• Refugee claimants or persons applying for protection review policy- refugee claimants or persons applying for protection
• Temporary Resident Permit holders
• Those who have applied for a temporary resident permit as a victim of family violence
• Those who qualify for an exemption from citizenship requirements
• Those with permanent resident status waiting to receive a social insurance number

Effective:  October 29, 2013

The entire family unit is ineligible for income assistance or disability assistance where all adults in a family unit are: 

• Visitors, foreign students, and temporary workers who do not have a Temporary Resident Permit unless an application for a Temporary Resident Permit as a victim of family violence has been made
• Persons in Canada illegally
• Persons whose immigration status has not been confirmed by Immigration, Refugees and Citizenship Canada IRCC
• Persons who are subject to removal order that is in force and can be executed. (This status should be verified by the Financial and Administrative Services Branch (FASB). These removal orders are only considered in force and executable on the date of deportation

Note: this policy does not apply to a family unit that qualifies for an exemption. Review exemption from citizenship requirements for more information.

Effective:  October 1, 2012

In a family unit where only one applicant meets the citizenship requirements for income assistance, hardship assistance, or disability assistance, and the other applicant does not, assistance may only be issued for the family member who meets the citizenship requirements.  However, the ineligible member’s income and assets must be included in the income and assets of the family unit for the purposes of determining whether the family unit is eligible for assistance. 

Case example

A two-parent family with two applies for income assistance. One parent is a permanent resident. The other parent and do not have status in Canada. 

If all eligibility criteria are met, except the other parent does not meet the citizenship requirements, the family unit is eligible for income assistance. The dependent would be considered to have the status of the parent with the permanent residence status.

Issue income assistance based on a family unit size of three. Both adults are required to complete and sign the Monthly Report (HR0081) each month.

Note: this policy does not apply to a family unit that qualifies for an exemption. Review exemption from citizenship requirements for more information.

Effective:  December 13, 2019

To prove their status in Canada, clients must provide one of the following:

• Confirmation of Permanent Residence (IMM5292/IMM5688) or permanent resident card or prior to June 28, 2002: Record of Landing (IMM1000). Review Canadian documents resource for more information about each of the Canadian documents.
• Canadian Citizenship certificate (including certificates issued prior to February 1, 2012)
• Canadian passport
• Temporary resident permit ** (IMM1442)   
• Documentation of claim for refugee protection with the Refugee Protection Division of the Immigration and Refugee Board (IRB) (IMM 1442) See identification requirements to learn more. This status should be verified by the Financial and Administrative Services Branch (FASB). 
• Acknowledgement of claim and notice to return for interview (AOC) form from Immigration, Refugees and Citizenship Canada (IRCC). This status should be verified with FASB.
• Documentation of claim with Immigration, Refugees and Citizenship Canada (IRCC)’s Pre-Removal Risk Assessment PRRA
• Documentation from Federal Court of Canada to place the client’s removal order on hold until it decides whether to review the PRRA’s decision
• Documentation of stay of removal order issued by IRCC
• Documentation of protected person status Convention refugee or person in need of protection
• Documentation proving an application has been made for a temporary resident permit as a victim of family violence. This must be verified by FASB

A person that is subject to a removal order that has been stayed or cannot be executed may not have any documents. This status should be verified with FASB.

The status of protected persons who are not landed must be reviewed at least annually to determine if they have been granted permanent resident status (landed). When they have landed, a copy of the IMM5292/IMM5688 and Permanent Resident Card (prior to June 28, 2002: IMM1000) will be required and the immigration category code updated.

Note: A Social Insurance Number alone is not proof of a person’s status in Canada, it only verifies a person is authorized to work in Canada. If there are concerns or questions about a person’s status in Canada please review the verify the client information section for more information.

It is mandatory to verify all client information prior to determining eligibility.

First Nations people should not automatically be deemed to have permanent residency in Canada. Although they may possess a Canadian Native Status Card, only those cards issued by Indigenous Services Canada (ISC) in Ottawa confer official status in Canada.  If the status card was issued by a local band office, the applicant should be asked to provide official evidence of legal status in Canada (for example, for IRCC or ISC). All other identification requirements apply.

After receiving proof of residency, copies of all IRCC immigration documents are to be scanned to the case.

** Special attention is required to read IMM1442 form. IRCC uses the same form – IMM 1442 for different purposes, including claim for refugee protection, Temporary Resident Permit (Minister’s Permit), Study Permit, Visitor Visa, Work Permit, etc. income assistance or disability assistance is provided to applicants whose IMM1442 is issued as a Refugee Protection Claimant, or Temporary Resident Permit class, which is clearly labelled in the header of the form. The status of clients with the IMM1442 should be verified with FASB.

Effective:  December 13, 2019

Verification should be conducted in the following circumstances:

• Applicant is living in Canada under a current sponsorship agreement
• Applicant presenting the IMM1442 Refugee Protection Claimant document. (ministry staff to obtain confirmation from the Financial and Administrative Services Branch (FASB) that the applicant has not been excluded from making a refugee claim, or that their claim has not already been denied)
• Applicant is presenting the Acknowledgement of claim and notice to return for interview (AOC) form. Ministry staff to obtain confirmation from FASB that the applicant has not already had their initial eligibility interview with a CBSA or IRCC representative
• Applicant is a Temporary Resident Permit holder
• Applicant is unable to provide proof of immigration status or immigration status is unclear, (e.g., unable to determine if the applicant’s removal order is in effect) 
• Applicant provides documentation of their application for a Temporary Resident Permit as a victim of family violence. Ministry staff are to obtain confirmation from FASB that the applicant has applied for the permit under these circumstances. The status of the application for the Temporary Resident Permit as a victim of family violence must be reviewed regularly. Once the application has been approved, the client’s immigration status should be updated
• Immigration documents are expired or appear to be altered
• Immigration documents are unfamiliar to ministry staff

Note: Applicants who are assessed for the exemption from citizenship requirements and who have indicated that they have applied for status as a permanent resident under the Immigration and Refugee Protection Act (Canada), should provide evidence that they have applied for permanent residence status. Examples include: proof of application fee payment, confirmation from FASB or written confirmation from the applicant’s lawyer or advocate. 

For more information on assessing criteria for an exemption from citizenship requirements, review the assessment guidelines in the exemption from citizenship requirements.

Effective:  October 1, 2012

Provided that all other eligibility criteria are met, families that qualify for this exemption are to be provided with income assistance or disability assistance on account of the applicant and any dependent in the family unit, regardless of the citizenship status. Learn more by reviewing the support, shelter and special care facilities topic.

If a sole applicant parent with a dependent child does not have citizenship status, staff follow these steps to determine if the family unit may qualify for an exemption from citizenship requirements. Review the exemption from citizenship requirements section for more information.

1. Staff update the contact’s immigration status (persons without status – PWS) on the system

     2. Staff follow the process for Policy and Program Implementation Manager (PPIM) approval 

Note:  The PPIM is responsible for determining whether a family unit qualifies for an exemption from citizenship requirements. 

      3. In assessing criteria for an exemption from citizenship requirements, the PPIM should consider the assessment guidelines in the exemption from citizenship requirements section

      4. If the PPIM found the family unit qualifies for an exemption from citizenship requirements, their circumstances must be reviewed every six months to determine if the exemption still applies

      5. PPIM approves exemption from citizenship requirements, and refers back to the worker to complete eligibility

      6. Staff set notification activity to review the case in six months

      7. If there are any changes in circumstance such as obtaining status in Canada or if a child is removed from the case, staff update the immigration code. Note that this is a manual process that staff will conduct when a client obtains status.

      8. Use the two Close Reason Codes when the exemption from citizenship requirements no longer apply:

a. Person without status no longer fleeing abuse

b. Person without status no longer has Canadian child on file

Effective:  December 13, 2019

The following tables summarize the types of assistance that should be considered based on the citizenship status of each applicant in the family unit.

Applicants who are refugee claimants or persons applying for protection or Temporary Resident Permit holders must provide immigration document IMM1442 or an Acknowledgement of Claim and Notice to Return for Interview (AOC) form that specifies they are in Canada under these categories when applying for income assistance and disability assistance. The status of clients with the IMM1442 or AOC should be verified with the Financial and Administrative Services Branch (FASB). The ministry recognizes the IMM1442 document or AOC as primary identification and as the sole piece of identification required from this client group while waiting to receive secondary identification.

Applicants for a Temporary Resident Permit as a victim of family violence must provide documentation of their application for the permit to satisfy citizenship requirements. This documentation must be verified by FASB. Review the application for a temporary resident permit as a victim of family violence section for more information. These applicants must still meet standard identification requirements to be eligible for income assistance and disability assistance, however, they are exempt from meeting the SIN requirement. Review identification requirements to learn more.

Refugee claimants or persons applying for protection, Temporary Resident Permit holders, applicants for a Temporary Resident Permit as a victim of family violence, and those with permanent resident status waiting to receive a Social Insurance Number (SIN) are exempt from meeting the SIN requirement when determining eligibility for income assistance or disability assistance.

Applicants and clients are required to pursue a SIN and secondary identification when eligible.

Table: Citizenship status and type of assistance

Table: citizenship status and type of assistance

	Category A	Category B
Category of each adult	Citizen Permanent resident Protected person (Convention refugee or person in need of protection) Person with a Temporary Resident Permit Applicants for a Temporary Resident Permit as a victim of family violence Refugee claimants or persons applying for protection Person under a removal order that has been stayed or cannot be executed (i.e. without travel documents). Applicants or recipients who qualify for an exemption from citizenship requirements	Visitor visa holders Study permit holders work permit holders without a Temporary Resident Permit or refugee protection claimant document persons in Canada illegally Persons whose immigration status has not been confirmed by Immigration, Refugees and Citizenship Canada (IRCC)
Family unit eligible for regular assistance	Eligible
Family unit is not eligible for assistance		Not Eligible

 

Effective:  July 18, 2008 

For a family unit with two applicants, one of whom does not meet the citizenship requirements, follow these steps:

1. Complete an Employment and Assistance Application (HR0080), listing both adults
2. Run the Assisted Eligibility tool using the income and assets of both adults to determine eligibility for assistance
3. Calculate and issue assistance based on the eligible family members
4. Open the case and remove the ineligible contact. Income and assets from the ineligible contact will need to be manually added to the primary applicant
5. Have both recipients complete and sign the Monthly Report (HR0081) each month, when continuing assistance is requested.

An example:
If the family unit has two parents and two, and one of the parents is a visitor or a foreign student the following would apply:

• Visitors and foreign students are ineligible for assistance
• The income and asset levels would be considered as a unit 4 family two parents/two
• The ineligible spouse would be removed from the case and the rest of the family would be issued using the support and shelter rates for a unit 3 family (one parent/two children)
• The ineligible spouse’s income and assets would continue to be considered every time the case is reviewed. They will need to be manually added as records on the key player
• The Monthly Report (HR0081) would be completed and signed by the eligible adult and the excluded family member

Anytime the family unit changes, eligibility must be reassessed and all criteria must be met, including the citizenship requirements.

Effective:  October 1, 2012

Position	Authority
Ministry Staff	Determining whether a family unit meets citizenship requirements. Identifying family units which may qualify for an exemption from citizenship requirements.
Policy and Program Implementation Manager (PPIM)	Determining whether a family unit qualifies for an exemption from citizenship requirements.