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

Regulations are current to 2017-11-06 and last amended on 2017-10-24. Previous Versions

Marginal note:Work permit
  •  (1) A foreign national may not enter Canada to work without first obtaining a work permit.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a foreign national who is authorized under section 186 to work in Canada without a work permit.

Marginal note:Study permit
  •  (1) A foreign national may not enter Canada to study without first obtaining a study permit.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a foreign national who is authorized under section 188 or 189 to study in Canada without a study permit.

DIVISION 2Applications

Marginal note:Form and content of application
  •  (1) Subject to paragraphs 28(b) to (d) and 139(1)(b), an application under these Regulations shall

    • (a) be made in writing using the form, if any, provided by the Department or, in the case of an application for a declaration of relief under subsection 42.1(1) of the Act, by the Canada Border Services Agency;

    • (b) be signed by the applicant;

    • (c) include all information and documents required by these Regulations, as well as any other evidence required by the Act;

    • (d) be accompanied by evidence of payment of the applicable fee, if any, set out in these Regulations; and

    • (e) if there is an accompanying spouse or common-law partner, identify who is the principal applicant and who is the accompanying spouse or common-law partner.

  • Marginal note:Required information

    (2) The application shall, unless otherwise provided by these Regulations,

    • (a) contain the name, birth date, address, nationality and immigration status of the applicant and of all family members of the applicant, whether accompanying or not, and a statement whether the applicant or any of the family members is the spouse, common-law partner or conjugal partner of another person;

    • (b) indicate whether they are applying for a visa, permit or authorization;

    • (c) indicate the class prescribed by these Regulations for which the application is made;

    • (c.1) if the applicant is represented in connection with the application, include the name, postal address and telephone number, and fax number and electronic mail address, if any, of any person or entity — or a person acting on its behalf — representing the applicant;

    • (c.2) if the applicant is represented, for consideration in connection with the application, by a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, include the name of the body of which the person is a member and their membership identification number;

    • (c.3) if the applicant has been advised, for consideration in connection with the application, by a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, include the information referred to in paragraphs (c.1) and (c.2) with respect to that person;

    • (c.4) if the applicant has been advised, for consideration in connection with the application, by an entity — or a person acting on its behalf — referred to in subsection 91(4) of the Act, include the information referred to in paragraph (c.1) with respect to that entity or person; and

    • (d) include a declaration that the information provided is complete and accurate.

  • Marginal note:Application of family members

    (3) The application is considered to be an application made for the principal applicant and their accompanying family members.

  • Marginal note:Sponsorship application

    (4) An application made by a foreign national as a member of the family class must be preceded or accompanied by a sponsorship application referred to in paragraph 130(1)(c).

  • Marginal note:Multiple applications

    (5) No sponsorship application may be filed by a sponsor in respect of a person if the sponsor has filed another sponsorship application in respect of that same person and a final decision has not been made in respect of that other application.

  • Marginal note:Invalid sponsorship application

    (6) A sponsorship application that is not made in accordance with subsection (1) is considered not to be an application filed in the prescribed manner for the purposes of subsection 63(1) of the Act.

  • SOR/2004-59, s. 2;
  • SOR/2004-167, s. 5;
  • SOR/2011-129, s. 2;
  • SOR/2012-225, s. 1;
  • SOR/2017-38, s. 1.
Marginal note:Place of application for permanent resident visa
  •  (1) An application for a permanent resident visa — other than an application for a permanent resident visa made under Part 8 — must be made to the immigration office that serves

    • (a) the country where the applicant is residing, if the applicant has been lawfully admitted to that country for a period of at least one year; or

    • (b) the applicant’s country of nationality or, if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted.

  • Marginal note:Place of application for temporary resident visa, work permit or study permit

    (2) An application for a temporary resident visa — or an application for a work permit or study permit that under these Regulations must be made outside of Canada — must be made to an immigration office that serves as an immigration office for processing the type of application made and that serves, for the purpose of the application,

    • (a) the country in which the applicant is present and has been lawfully admitted; or

    • (b) the applicant’s country of nationality or, if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted.

  • Marginal note:Applications to remain in Canada as permanent residents

    (3) An application to remain in Canada as a permanent resident as a member of one of the classes referred to in section 65 or subsection 72(2), and an application to remain in Canada under subsection 21(2) of the Act, must be made to the Department’s Case Processing Centre in Canada that serves the applicant’s place of habitual residence.

  • Marginal note:Applications for permanent resident cards

    (4) An applicant for a permanent resident card must send the application to the Department’s Case Processing Centre in Canada that serves the applicant’s place of habitual residence.

  • Marginal note:Sponsorship applications

    (5) A person who applies to sponsor a foreign national, other than a foreign national who is making an application for a permanent resident visa under Division 1 of Part 8, must send the application to the Department’s Case Processing Centre in Canada that serves the applicant’s place of habitual residence.

  • SOR/2004-167, s. 6;
  • SOR/2012-154, s. 2;
  • SOR/2012-225, s. 2.
Marginal note:Return of application

 Subject to section 140.4, if the requirements of sections 10 and 11 are not met, the application and all documents submitted in support of it shall be returned to the applicant.

  • SOR/2012-225, s. 3.
Marginal note:Invitation to apply for permanent residence — application by electronic system
  •  (1) Subject to subsection 12.02(1), an application for permanent residence that is made in response to an invitation issued by the Minister under Division 0.1 of the Act must be made by means of an electronic system that is made available by the Department for that purpose.

  • Marginal note:Effect of electronic application

    (2) For greater certainty,

    • (a) an application referred to in subsection (1) that is made by means of the electronic system meets the requirements of paragraph 10(1)(a); and

    • (b) the applicant’s electronic signature in that application meets the requirement of paragraph 10(1)(b).

  • Marginal note:Electronic application — requirements

    (3) When an application referred to in subsection (1) is made by means of the electronic system

    • (a) the information, documents and evidence referred to in paragraph 10(1)(c) must be submitted by means of that electronic system at the time the application is made; and

    • (b) the applicant must, at the time the application is made,

      • (i) pay electronically the applicable fee, if any, referred to in section 295, or

      • (ii) submit electronically the evidence of payment referred to in paragraph 10(1)(d).

  • SOR/2014-256, s. 1.
 
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