Immigration and Refugee Protection Regulations (SOR/2002-227)

Regulations are current to 2017-05-11 and last amended on 2017-05-05. Previous Versions

DIVISION 3Permit Holders

Marginal note:Period of permit’s validity

 A temporary resident permit is valid until any one of the following events occurs:

  • (a) the permit is cancelled under subsection 24(1) of the Act;

  • (b) the permit holder leaves Canada without obtaining prior authorization to re-enter Canada;

  • (c) the period of validity specified on the permit expires; or

  • (d) a period of three years elapses from its date of validity.

DIVISION 4Permit Holders Class

Marginal note:Permit holder class

 The permit holder class is prescribed as a class of foreign nationals who may become permanent residents on the basis of the requirements of this Division.

  • SOR/2004-167, s. 19(E).
Marginal note:Member of class

 A foreign national is a permit holder and a member of the permit holder class if

  • (a) they have been issued a temporary resident permit under subsection 24(1) of the Act;

  • (b) they have continuously resided in Canada as a permit holder for a period of

    • (i) at least three years, if they

      • (A) are inadmissible on health grounds under subsection 38(1) of the Act,

      • (B) are inadmissible under paragraph 42(1)(a) of the Act on grounds of an accompanying family member who is inadmissible under subsection 38(1) of the Act, or

      • (C) are inadmissible under paragraph 42(1)(b) of the Act on grounds of being an accompanying family member of a foreign national who is inadmissible

        • (I) under subsection 38(1) of the Act, or

        • (II) under paragraph 42(1)(a) of the Act on grounds of an accompanying family member who is inadmissible under subsection 38(1) of the Act,

    • (ii) at least five years, if they are inadmissible on any other grounds under the Act, except sections 34 and 35 and subsections 36(1) and 37(1) of the Act;

  • (c) they have not become inadmissible on any ground since the permit was issued; and

  • (d) in the case of a foreign national who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

  • SOR/2004-167, s. 20;
  • SOR/2014-269, ss. 6, 7.
Marginal note:Becoming a permanent resident
  •  (1) A foreign national in Canada who is a permit holder and a member of the permit holder class becomes a permanent resident if, following an examination, it is established that

    • (a) they have applied to remain in Canada as a permanent resident as a member of that class;

    • (b) they are in Canada to establish permanent residence;

    • (c) they meet the selection criteria and other requirements applicable to that class;

    • (d) they hold

      • (i) subject to subsection (4), a document described in any of paragraphs 50(1)(a) to (h), and

      • (ii) a medical certificate — based on the most recent medical examination to which they were required to submit under paragraph 16(2)(b) of the Act and which took place within the previous 12 months — that indicates that their health condition is not likely to be a danger to public health or public safety and is not reasonably expected to cause excessive demand; and

    • (e) they and their family members, whether accompanying or not, are not inadmissible on any ground other than the grounds on which an officer, at the time the permit was issued, formed the opinion that the foreign national was inadmissible.

  • Marginal note:Criteria in the Province of Quebec

    (2) For the purposes of paragraph (1)(c), the selection criterion applicable to a foreign national who intends to reside in the Province of Quebec as a permanent resident and who is not a person whom the Board has determined to be a Convention refugee is met by evidence that the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

  • Marginal note:Foreign nationals without a passport or other travel document

    (3) The following foreign nationals who are not holders of a document described in any of paragraphs 50(1)(a) to (h) may submit with their application a document described in paragraph 178(1)(a) or (b):

    • (a) a protected person within the meaning of subsection 95(2) of the Act;

    • (b) a person who was determined to be a Convention refugee seeking resettlement under the Immigration Regulations, 1978, as enacted by Order in Council P.C. 1978-486 dated February 23, 1978 and registered as SOR/78-172, if under the Act or section 69.2 of the former Act, within the meaning of section 187 of the Act,

      • (i) no determination has been made to vacate that determination, or

      • (ii) no determination has been made that the person ceased to be a Convention refugee; and

    • (c) a member of the country of asylum class or the source country class under the Humanitarian Designated Classes Regulations, as enacted by Order in Council P.C. 1997-477 dated April 8, 1997 and registered as SOR/97-183.

  • Marginal note:Alternative documents

    (4) A document submitted under subsection (3) shall be accepted in lieu of a document described in any of paragraphs 50(1)(a) to (h) if it satisfies the requirements of paragraphs 178(2)(a) or (b).

  • SOR/2004-167, s. 21;
  • SOR/2012-154, s. 5.

DIVISION 5Humanitarian and Compassionate Considerations

Marginal note:Request

 A request made by a foreign national under subsection 25(1) of the Act must be made as an application in writing accompanied by an application to remain in Canada as a permanent resident or, in the case of a foreign national outside Canada, an application for a permanent resident visa.

Marginal note:Applicant outside Canada

 If an exemption from paragraphs 70(1)(a), (c) and (d) is granted under subsection 25(1), 25.1(1) or 25.2(1) of the Act with respect to a foreign national outside Canada who has made the applications referred to in section 66, a permanent resident visa shall be issued to the foreign national if, following an examination, it is established that the foreign national meets the requirement set out in paragraph 70(1)(b) and

  • (a) in the case of a foreign national who intends to reside in the Province of Quebec and is not a member of the family class, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province;

  • (b) the foreign national is not otherwise inadmissible; and

  • (c) the family members of the foreign national, whether accompanying or not, are not inadmissible.

  • SOR/2004-167, s. 80(F);
  • SOR/2010-252, s. 3.
Marginal note:Applicant in Canada

 If an exemption from paragraphs 72(1)(a), (c) and (d) is granted under subsection 25(1), 25.1(1) or 25.2(1) of the Act with respect to a foreign national in Canada who has made the applications referred to in section 66, the foreign national becomes a permanent resident if, following an examination, it is established that the foreign national meets the requirements set out in paragraphs 72(1)(b) and (e) and

  • (a) in the case of a foreign national who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province;

  • (b) the foreign national is not otherwise inadmissible; and

  • (c) the family members of the foreign national, whether accompanying or not, are not inadmissible.

  • SOR/2004-167, s. 22;
  • SOR/2010-252, s. 3.
Marginal note:Accompanying family member outside Canada
  •  (1) A foreign national who is an accompanying family member of a foreign national to whom a permanent resident visa is issued under section 67 shall be issued a permanent resident visa if, following an examination, it is established that

    • (a) the accompanying family member is not inadmissible; and

    • (b) in the case of an accompanying family member who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the family member meets the selection criteria of the Province.

  • Marginal note:Accompanying family member in Canada

    (2) A foreign national who is an accompanying family member of a foreign national who becomes a permanent resident under section 68 shall become a permanent resident if the accompanying family member is in Canada and, following an examination, it is established that

    • (a) the accompanying family member is not inadmissible; and

    • (b) in the case of an accompanying family member who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the family member meets the selection criteria of the Province.

  • SOR/2004-167, s. 23.
 
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