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: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.

DIVISION 4.1Other Fees in Respect of Work Permits

Compliance Regime — Employer Fee

Marginal note:Fee — $230
  •  (1) A fee of $230 is payable by an employer who has made an offer of employment to

    • (a) a foreign national in respect of work described in section 204 or 205;

    • (b) a foreign national described in section 207; or

    • (c) a foreign national referred to in paragraph (a) or (b) who makes an application for renewal of a work permit.

  • Marginal note:Electronic payment

    (2) The fee referred to in subsection (1) is payable by means of the electronic system that is made available by the Department for that purpose, before the foreign national to whom the offer of employment is made makes an application for a work permit or an application for renewal of the work permit.

  • Marginal note:Fee paid — time

    (3) The fee is deemed to be paid on the date and at the time recorded in the electronic system.

  • Marginal note:Other means of payment

    (4) If an employer is unable to pay the fee by means of the electronic system because of a physical or mental disability, the payment may be made by another means that is made available by the Department for that purpose and that would enable the employer to pay the fee.

  • Marginal note:Exception

    (5) An employer is not required to pay the fee referred to in subsection (1) if the offer of employment is made to a foreign national — other than a person referred to in paragraph 299(2)(i) — who under subsection 299(2) is not required to pay a fee for processing an application for a work permit.

  • Marginal note:Remission

    (6) The fee referred to in subsection (1) is remitted, and must be repaid by the Minister to the person who paid it, if

    • (a) the work permit is refused; or

    • (b) the employer withdraws the offer of employment and requests a remission before the work permit is issued.

  • Marginal note:Maximum fee

    (7) The total amount of fees payable under subsection (1) by an employer who has made offers of employment to a group of three or more foreign nationals, consisting of performing artists and their staff, is $690, if those offers are made at the same time.

  • SOR/2015-25, s. 6.

Rights and Privileges

Marginal note:Fee — $100
  •  (1) A fee of $100 is payable by a person for the rights and privileges conferred by means of a work permit if that person is

    • (a) a foreign national who intends to perform work described in section 204 or 205 but does not have an offer of employment to perform that work;

    • (b) a foreign national described in paragraph 207(b) who does not have an offer of employment; or

    • (c) a family member of a foreign national referred to in paragraph (b).

  • Marginal note:Exceptions

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

    • (a) a person — other than a person referred to in paragraph 299(2)(i) — who under subsection 299(2) is not required to pay a fee for processing an application for a work permit;

    • (b) a person referred to in paragraph 299(2)(i) who intends to perform work under an international agreement between Canada and one or more countries, if the agreement

      • (i) prohibits the payment of a fee other than a participation fee, and

      • (ii) is in force at the time that the person makes an application for a work permit or for renewal of the work permit; and

    • (c) [Repealed, SOR/2017-78, s. 11]

  • Marginal note:Remission

    (3) The fee referred to in subsection (1) is remitted, and must be repaid by the Minister to the person who paid it, if

    • (a) the work permit is refused; or

    • (b) the foreign national withdraws their application and requests a remission before the work permit is issued.

  • SOR/2015-25, s. 6;
  • SOR/2017-78, s. 11.

DIVISION 5Fees for Other Applications and Services

Sponsorship Application for Family Classes

Marginal note:Fee — $75
  •  (1) A fee of $75 is payable for processing a sponsorship application under Part 7.

  • Marginal note:Payment

    (2) The fee referred to in subsection (1) is payable at the time the application is filed.

 
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