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

Regulations are current to 2017-09-14 and last amended on 2017-06-27. Previous Versions

Study Permits

Marginal note:Fee — $150
  •  (1) A fee of $150 is payable for processing an application for a study permit.

  • Marginal note:Exception

    (2) The following persons are not required to pay the fee referred to in subsection (1):

    • (a) a person in Canada who has made a refugee claim that has not yet been determined by the Refugee Protection Division, and their family members;

    • (b) a person in Canada on whom refugee protection has been conferred, and their family members;

    • (c) a person who is a member of the Convention refugees abroad class or a humanitarian-protected persons abroad class, and their family members;

    • (d) a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member, the members of the suite of such a person and the family members of such a person;

    • (e) a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of that visiting force under paragraph 4(c) of that Act, and their family members;

    • (f) a person who holds a study permit and is temporarily destitute, as described in paragraph 208(a);

    • (g) a person whose study in Canada is under an agreement or arrangement between Canada and another country that provides for reciprocity of student exchange programs;

    • (h) a person who works in Canada as an officer of the United States Immigration and Naturalization Service or of United States Customs carrying out pre-inspection duties, as an American member of the International Joint Commission or as a United States grain inspector, and their family members; and

    • (i) a United States Government official in possession of an official United States passport who is assigned to a temporary posting in Canada, and their family members.

  • SOR/2011-222, s. 9;
  • SOR/2014-19, s. 5;
  • SOR/2015-25, s. 5(E).

DIVISION 3Fees for Applications to Remain in Canada as a Permanent Resident

Marginal note:Fee
  •  (1) The following fees are payable for processing an application to remain in Canada as a permanent resident:

    • (a) if the application is made by a person as a member of the spouse or common-law partner in Canada class

      • (i) in respect of a principal applicant, $475,

      • (ii) in respect of a family member of the principal applicant who is a spouse or common-law partner, $550, and

      • (iii) in respect of a family member of the principal applicant who is a dependent child, $150; and

    • (b) if the application is made by a person as a protected person referred to in subsection 21(2) of the Act

      • (i) in respect of a principal applicant, $550,

      • (ii) in respect of a family member of the principal applicant who is a spouse or common-law partner, $550, and

      • (iii) in respect of a family member of the principal applicant who is a dependent child, $150.

  • Marginal note:Exception

    (1.1) A person who is a member of the protected temporary residents class and the family members included in their application are not required to pay the fees referred to in subsection (1).

  • Marginal note:Payment by sponsor

    (2) The fee payable under subsection (1) in respect of a person who makes an application as a member of the spouse or common-law partner in Canada class or their family members

    • (a) is payable, together with the fee payable under subsection 304(1), at the time the sponsor files the sponsorship application; and

    • (b) shall be repaid in accordance with regulations referred to in subsection 20(2) of the Financial Administration Act if, before the processing of the application to remain in Canada as a permanent resident has begun, the sponsorship application is withdrawn by the sponsor.

  • Marginal note:Age

    (3) For the purposes of paragraph (1)(a), the age of the person in respect of whom the application is made shall be determined as of the day the sponsorship application is filed.

  • SOR/2004-167, s. 72;
  • SOR/2009-163, s. 16;
  • SOR/2012-154, s. 15;
  • SOR/2014-133, s. 11;
  • SOR/2017-78, s. 10.
Marginal note:Fee — $325

 A fee of $325 is payable for processing an application by a person as a member of the permit holder class to remain in Canada as a permanent resident.

  • SOR/2004-167, s. 73(E).

DIVISION 4Right of Permanent Residence

Marginal note:Fee — $490
  •  (1) A fee of $490 is payable by a person for the acquisition of permanent resident status.

  • Marginal note:Exception

    (2) The following persons are not required to pay the fee referred to in subsection (1):

    • (a) a person who is a family member of a principal applicant and is a dependent child referred to in paragraph (b) or (c) of the definition family member in subsection 1(3);

    • (b) a principal applicant who is a foreign national referred to in paragraph 117(1)(b), (f) or (g);

    • (b.1) a principal applicant in Canada who has made an application in accordance with section 66 and is a dependent child of a permanent resident or of a Canadian citizen;

    • (b.2) a member of the permit holder class who is a dependent child of

      • (i) a member of the permit holder class who has made an application to remain in Canada as a permanent resident, or

      • (ii) a permanent resident or a Canadian citizen;

    • (c) a protected person within the meaning of subsection 95(2) of the Act who has applied to remain in Canada as a permanent resident, and their family members;

    • (c.1) a person who is a member of the protected temporary residents class and is described in paragraph 151.1(2)(b) and the family members included in their application;

    • (d) a person who is a member of the Convention refugees abroad class, and the family members included in their application; and

    • (e) a person who is a member of a humanitarian-protected persons abroad class, and the family members included in their application.

  • Marginal note:Payment

    (3) The fee referred to in subsection (1) is payable

    • (a) in the case of an application by or on behalf of a person for a permanent resident visa, before the visa is issued; and

    • (b) in the case of an application by or on behalf of a foreign national to remain in Canada as a permanent resident, before the foreign national becomes a permanent resident.

  • Marginal note:Remission

    (4) The fee referred to in subsection (1) is remitted if the person does not acquire permanent resident status, in which case the fee shall be repaid by the Minister to the person who paid it.

  • Marginal note:Transitional — subsection (4)

    (5) For the purpose of subsection (4), if the fee was paid before the day on which this subsection comes into force, the amount to be remitted and repaid — except to the extent otherwise remitted — is $975.

  • Marginal note:Transitional — remission

    (6) Despite subsections (4) and (5), in the case where the fee of $975 was paid in accordance with paragraph (3)(a), a portion of that fee in the amount of $485 is remitted and shall be repaid — except to the extent otherwise remitted — by the Minister to the person who paid the fee if

    • (a) the person in respect of whom the fee was paid has, on or before the day on which this subsection comes into force, not yet acquired permanent resident status and they are a person referred to in any of paragraphs 117(1)(a), (c), (d) or (h); or

    • (b) the person in respect of whom the fee was paid acquires permanent resident status on or after the day on which this subsection comes into force and they are not a person referred to in any of paragraphs 117(1)(a), (c), (d) or (h).

  • SOR/2004-167, s. 74;
  • SOR/2005-61, s. 8;
  • SOR/2006-89, s. 1;
  • SOR/2011-222, s. 10.
 
Date modified: