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

Regulations are current to 2014-10-15 and last amended on 2014-10-01. Previous Versions

Marginal note:Issuance — particular Quebec selection cases

 An officer shall issue a permanent resident visa to a foreign national outside Canada who intends to reside in the Province of Quebec as a permanent resident and does not satisfy the requirements of paragraphs 70(1)(a), (c) and (d) if, following an examination, it is established that

  • (a) the foreign national has applied for a permanent resident visa in accordance with these Regulations, other than paragraph 10(2)(c);

  • (b) the foreign national may not be issued a permanent resident visa under subsection 176(2) and is not a member of any class of persons prescribed by these Regulations who may become permanent residents or be issued permanent resident visas;

  • (c) the foreign national is named in a Certificat de sélection du Québec issued by that Province indicating that the foreign national, under the regulations made under An Act respecting immigration to Québec, R.S.Q., c. I-0.2, as amended from time to time, is a foreign national in a particularly distressful situation; and

  • (d) the foreign national and their family members, whether accompanying or not, are not inadmissible.

  • SOR/2004-167, s. 24(F).

Division 7Becoming a Permanent Resident

Marginal note:Foreign nationals outside Canada
  •  (1) A foreign national who is a member of a class referred to in subsection 70(2) and is outside Canada must, to become a permanent resident, present their permanent resident visa to an officer at a port of entry.

  • Marginal note:Foreign nationals in Canada as temporary residents

    (2) A foreign national who is a member of a class referred to in paragraph 70(2)(a) or (b) and who is a temporary resident in Canada must, to become a permanent resident, present their permanent resident visa to an officer at a port of entry or at an office of the Department in Canada.

  • SOR/2008-253, s. 3.
Marginal note:Obtaining status
  •  (1) A foreign national in Canada 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 a class referred to in subsection (2);

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

    • (c) they are a member of that class;

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

    • (e) except in the case of a foreign national who has submitted a document accepted under subsection 178(2) or of a member of the protected temporary residents class,

      • (i) they and their family members, whether accompanying or not, are not inadmissible,

      • (ii) they hold a document described in any of paragraphs 50(1)(a) to (h), and

      • (iii) they hold 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, unless subsection 38(2) of the Act applies, is not reasonably expected to cause excessive demand; and

    • (f) in the case of a member of the protected temporary residents class, they are not inadmissible.

  • Marginal note:Classes

    (2) The classes are

    • (a) the live-in caregiver class;

    • (b) the spouse or common-law partner in Canada class; and

    • (c) the protected temporary residents class.

  • Marginal note:Criteria in the Province of Quebec

    (3) For the purposes of paragraph (1)(d), 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 member of the family class or 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:Accompanying family members

    (4) A foreign national who is an accompanying family member of a foreign national who becomes a permanent resident under this section shall be issued a permanent resident visa or become a permanent resident, as the case may be, if following an examination it is established that

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

    • (b) in the case of a 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. 26;
  • SOR/2008-253, s. 5;
  • SOR/2012-154, s. 6.