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

Regulations are current to 2016-09-18 and last amended on 2016-06-13. Previous Versions

Marginal note:Substitution of evaluation
  •  (1) Whether or not a foreign national has been awarded the minimum number of required points referred to in subsection 108(1), an officer may substitute for the factors set out in subsection 102(1) their evaluation of the likelihood of the foreign national’s ability to become economically established in Canada if the number of points awarded is not a sufficient indicator of whether the foreign national may become economically established in Canada.

  • Marginal note:Concurrence

    (2) An evaluation made under subsection (1) requires the concurrence of a second officer.

  • SOR/2010-195, s. 10(F).

Transitional Federal Investors, Entrepreneurs and Self-employed Persons

Transitional Federal Business Classes

Marginal note:Classes
  •  (1) For the purposes of subsection 12(2) of the Act, the transitional federal investor class, the transitional federal entrepreneur class and the transitional federal self-employed persons class are hereby prescribed as classes of persons who are transitional investors, transitional entrepreneurs or transitional self-employed persons, respectively, and who may become permanent residents on the basis of their ability to become economically established in Canada and who intend to reside in a province other than the Province of Quebec.

  • Marginal note:Transitional federal business immigrants

    (2) A foreign national is a transitional investor, a transitional entrepreneur or a transitional self-employed person if they made an application before January 1, 2002 under the former Regulations for an immigrant visa as an investor, an entrepreneur or a self-employed person, respectively, within the meaning of subsection 2(1) of those Regulations that was

    • (a) refused after March 31, 2003 and before June 20, 2003; or

    • (b) withdrawn by the foreign national on or after January 1, 2002 and before December 1, 2003.

  • SOR/2003-383, s. 5.
Marginal note:Application before January 1, 2005
  •  (1) Subject to subsection (2), an application for a permanent resident visa as a member of the transitional federal investor class, the transitional federal entrepreneur class or the transitional federal self-employed persons class must be made in accordance with sections 10 and 11 and must be received by the applicable immigration office referred to in subsection 11(1) not later than December 31, 2004.

  • Marginal note:Alternate place of application

    (2) An application referred to in subsection (1) may be made to the immigration office at the location where the application referred to in subsection 109.1(2) was made, instead of to the immigration office referred to in subsection 11(1).

  • SOR/2003-383, s. 5.
Marginal note:Criteria

 For the purpose of determining whether

  • (a) a transitional investor, as a member of the transitional federal investor class, will be able to become economically established in Canada, they must be

    • (i) an investor within the meaning of subsection 2(1) of the former Regulations and be awarded the number of units of assessment required by those Regulations for an investor, or

    • (ii) an investor within the meaning of subsection 88(1) and obtain a minimum of 35 points based on the factors set out in subsection 102(1) to become a permanent resident as a member of the investor class;

  • (b) a transitional entrepreneur, as a member of the transitional federal entrepreneur class, will be able to become economically established in Canada, they must be

    • (i) an entrepreneur within the meaning of subsection 2(1) of the former Regulations and be awarded the number of units of assessment required by those Regulations for an entrepreneur, or

    • (ii) an entrepreneur within the meaning of subsection 88(1) and obtain a minimum of 35 points based on the factors set out in subsection 102(1) to become a permanent resident as a member of the entrepreneur class; and

  • (c) a transitional self-employed person, as a member of the transitional federal self-employed persons class, will be able to become economically established in Canada, they must be

    • (i) a self-employed person within the meaning of subsection 2(1) of the former Regulations and be awarded the number of units of assessment required by those Regulations for a self-employed person, or

    • (ii) a self-employed person within the meaning of subsection 88(1) and obtain a minimum of 35 points based on the factors set out in subsection 102(1) to become a permanent resident as a member of the self-employed persons class.

  • SOR/2003-383, s. 5.

Requirements

 [Repealed, SOR/2008-202, s. 7]

Marginal note:Permanent resident status

 A foreign national who is a family member of a person who makes an application for a permanent resident visa as a member of the transitional federal investor class, the transitional federal entrepreneur class or the transitional federal self-employed persons class shall become a permanent resident if, following an examination, it is established that the family member is not inadmissible.

  • SOR/2003-383, s. 5.

DIVISION 3Live-in Caregivers

Marginal note:Live-in caregiver class

 The live-in caregiver class is prescribed as a class of foreign nationals who may become permanent residents on the basis of the requirements of this Division.

Marginal note:Processing

 A foreign national who seeks to enter Canada as a live-in caregiver must make

  • (a) an application for a work permit in accordance with Part 11; and

  • (b) an application for

    • (i) a temporary resident visa, if such a visa is required under Part 9, or

    • (ii) an electronic travel authorization in accordance with section 12.04, if such an authorization is required under section 7.1.

  • SOR/2015-77, s. 5.
Marginal note:Work permits — requirements

 A work permit shall not be issued to a foreign national who seeks to enter Canada as a live-in caregiver unless they

  • (a) applied for a work permit as a live-in caregiver before entering Canada;

  • (b) have successfully completed a course of study that is equivalent to the successful completion of secondary school in Canada;

  • (c) have the following training or experience, in a field or occupation related to the employment for which the work permit is sought, namely,

    • (i) successful completion of six months of full-time training in a classroom setting, or

    • (ii) completion of one year of full-time paid employment, including at least six months of continuous employment with one employer, in such a field or occupation within the three years immediately before the day on which they submit an application for a work permit;

  • (d) have the ability to speak, read and listen to English or French at a level sufficient to communicate effectively in an unsupervised setting; and

  • (e) have an employment contract with their future employer.

Marginal note:Permanent residence
  •  (1) A foreign national becomes a member of the live-in caregiver class if

    • (a) they have submitted an application to remain in Canada as a permanent resident;

    • (b) they are a temporary resident;

    • (c) they hold a work permit as a live-in caregiver;

    • (d) they entered Canada as a live-in caregiver and for at least two of the four years immediately following their entry or, alternatively, for at least 3,900 hours during a period of not less than 22 months in those four years,

      • (i) resided in a private household in Canada, and

      • (ii) provided child care, senior home support care or care of a disabled person in that household without supervision;

    • (e) they are not, and none of their family members are, the subject of an enforceable removal order or an admissibility hearing under the Act or an appeal or application for judicial review arising from such a hearing;

    • (f) they did not enter Canada as a live-in caregiver as a result of a misrepresentation concerning their education, training or experience; and

    • (g) where they intend to reside in the Province of Quebec, the competent authority of that Province is of the opinion that they meet the selection criteria of the Province.

  • Marginal note:Calculation

    (2) For the purposes of paragraph (1)(d),

    • (a) the periods of two years and 3,900 hours may be in respect of more than one employer or household, but may not be in respect of more than one employer or household at a time; and

    • (b) the 3,900 hours are not to include more than 390 hours of overtime.

  • SOR/2004-167, s. 80(F);
  • SOR/2010-78, s. 2.
 
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