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

Regulations are current to 2015-03-03 and last amended on 2015-02-21. Previous Versions

Marginal note:Requirements — family member

 Subject to subsection 25.1(1), to be considered a family member of the applicant, a person shall be a family member of an applicant both at the time the application under section 66 is made and at the time of the determination of the application.

  • SOR/2014-133, s. 4.

Division 6Permanent Resident Visa

Marginal note:Issuance
  •  (1) An officer shall issue a permanent resident visa to a foreign national if, following an examination, it is established that

    • (a) the foreign national has applied in accordance with these Regulations for a permanent resident visa as a member of a class referred to in subsection (2);

    • (b) the foreign national is coming to Canada to establish permanent residence;

    • (c) the foreign national is a member of that class;

    • (d) the foreign national meets the selection criteria and other requirements applicable to that class; and

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

  • Marginal note:Classes

    (2) The classes are

    • (a) the family class;

    • (b) the economic class, consisting of the federal skilled worker class, the transitional federal skilled worker class, the Quebec skilled worker class, the provincial nominee class, the Canadian experience class, federal skilled trades class, the investor class, the entrepreneur class, the self-employed persons class, the transitional federal investor class, the transitional federal entrepreneur class and the transitional federal self-employed persons class; and

    • (c) the Convention refugees abroad class and the country of asylum class.

  • Marginal note:Criteria in the Province of Quebec

    (3) For the purposes of paragraph (1)(d), the selection criterion for a foreign national who intends to reside in the Province of Quebec as a permanent resident and is not a member of the family class is met by evidence that the competent authority of that Province is of the opinion that the foreign national complies with the provincial selection criteria.

  • Marginal note:Accompanying family members

    (4) A foreign national who is an accompanying family member of a foreign national who is issued a permanent resident visa 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 a family member 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 family member complies with the provincial selection criteria.

  • Marginal note:Family member

    (5) If a permanent resident visa is not issued to a child as an accompanying family member of a foreign national or the foreign national's spouse or common-law partner, a permanent resident visa shall not be issued to a child of that child as an accompanying family member of the foreign national.

  • SOR/2003-383, s. 1;
  • SOR/2008-254, s. 1;
  • SOR/2011-222, s. 1;
  • SOR/2012-274, s. 2.