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

Regulations are current to 2015-08-04 and last amended on 2015-08-01. Previous Versions

Protected Temporary Residents

Marginal note:Protected temporary residents class
  •  (1) The protected temporary residents class is prescribed as a class of persons who may become permanent residents on the basis of the requirements of this section.

  • Marginal note:Member of the class

    (2) A foreign national is a protected temporary resident and a member of the protected temporary residents class if the foreign national holds a temporary resident permit and

    • (a) became a temporary resident under a temporary resident permit for protection reasons after making a claim for refugee protection outside Canada under section 99 of the Act; or

    • (b) was issued a Minister's permit under section 37 of the former Act after seeking admission to Canada under section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations.

  • Marginal note:Application

    (2.1) A foreign national destined for Quebec does not become a member of the protected temporary residents class described in paragraph (2)(a) if they have not received a selection certificate from the Province of Quebec.

  • Marginal note:Former Act and Regulations

    (3) In subsection (2), “former Act” has the same meaning as in section 187 of the Act and “former Regulations” and “Humanitarian Designated Classes Regulations” have the same meaning as in subsection 316(1) of these Regulations.

  • SOR/2004-167, s. 48;
  • SOR/2009-163, s. 7(F).

Division 2Sponsorship

Marginal note:Sponsorship agreements
  •  (1) The Minister may enter into a sponsorship agreement with a sponsor for the purpose of facilitating the processing of sponsorship applications.

  • Marginal note:Contents of agreement

    (2) A sponsorship agreement shall include provisions relating to

    • (a) settlement plans;

    • (b) financial requirements;

    • (c) assistance to be provided by the Department;

    • (d) the standard of conduct expected of the sponsor;

    • (e) reporting requirements; and

    • (f) the grounds for suspending or cancelling the agreement.

Marginal note:Sponsorship requirements
  •  (1) In order to sponsor a foreign national and their family members who are members of a class prescribed by Division 1, a sponsor

    • (a) must reside or have representatives in the expected community of settlement;

    • (b) must make a sponsorship application that includes a settlement plan, an undertaking and, if the sponsor has not entered into a sponsorship agreement with the Minister, a document issued by the United Nations High Commissioner for Refugees or a foreign state certifying the status of the foreign national as a refugee under the rules applicable to the United Nations High Commissioner for Refugees or the applicable laws of the foreign state, as the case may be; and

    • (c) must not be — or include — an individual, a corporation or an unincorporated organization or association that was a party to a sponsorship in which they defaulted on an undertaking and remain in default.

  • Marginal note:Non-application of paragraphs 13(1)(a) and (b)

    (1.1) Paragraphs 13(1)(a) and (b) do not apply to the document referred to in paragraph (1)(b) issued by the United Nations High Commissioner for Refugees or a foreign state.

  • Marginal note:Place of application

    (1.2) If the foreign national has chosen to have their application for a permanent resident visa attached to the sponsorship application in accordance with paragraph 140.2(1)(b), the sponsor must send the sponsorship application and the application for a permanent resident visa to the Department’s Case Processing Centre in Canada for processing those applications.

  • Marginal note:Undertaking

    (2) The undertaking referred to in paragraph (1)(b) shall be signed by each party to the sponsorship.

  • Marginal note:Joint and several or solidary liability

    (3) All parties to the undertaking are jointly and severally or solidarily liable.

  • Marginal note:End of default

    (4) A party or a sponsor who defaults on an undertaking ceases to be in default

    • (a) in the case of a sponsor who defaults on a financial obligation, when the sponsor has reimbursed the government concerned, in full or in accordance with an agreement with that government, for amounts paid by the government;

    • (b) in the case of a party, other than an organization or association, who defaults on a financial obligation, when the defaulting party has reimbursed any other party to the sponsorship, in full or in accordance with an agreement with that party, for amounts paid by that party;

    • (c) in the case of a sponsor who defaults on a non-financial obligation, when the sponsor satisfies an officer that they are in compliance with the obligation; and

    • (d) in the case of an organization or association that was a party to a sponsorship and defaulted for any reason, when a period of five years has elapsed from the date of default.

  • SOR/2009-163, s. 8(F);
  • SOR/2012-225, s. 9;
  • SOR/2014-140, s. 15.