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

Regulations are current to 2014-12-08 and last amended on 2014-11-22. Previous Versions

Marginal note:Family members
  •  (1) An applicant may include in their application to remain in Canada as a permanent resident any of their family members.

  • Marginal note:One-year time limit

    (2) A family member who is included in an application to remain in Canada as a permanent resident and who is outside Canada at the time the application is made shall be issued a permanent resident visa if

    • (a) the family member makes an application outside Canada to an officer within one year after the day on which the applicant becomes a permanent resident; and

    • (b) the family member is not inadmissible on the grounds referred to in subsection (3).

  • Marginal note:Inadmissibility

    (3) A family member who is inadmissible on any of the grounds referred to in subsection 21(2) of the Act shall not be issued a permanent resident visa and shall not become a permanent resident.

Marginal note:Prescribed classes

 For the purposes of subsection 21(2) of the Act, the following are prescribed as classes of persons who cannot become permanent residents:

  • (a) the class of persons who have been the subject of a decision under section 108 or 109 or subsection 114(3) of the Act resulting in the rejection of a claim for refugee protection or nullification of the decision that led to conferral of refugee protection;

  • (b) the class of persons who are permanent residents at the time of their application to remain in Canada as a permanent resident;

  • (c) the class of persons who have been recognized by any country, other than Canada, as Convention refugees and who, if removed from Canada, would be allowed to return to that country;

  • (d) the class of nationals or citizens of a country, other than the country that the person left, or outside of which the person remains, by reason of fear of persecution; and

  • (e) the class of persons who have permanently resided in a country, other than the country that the person left, or outside of which the person remains, by reason of fear of persecution, and who, if removed from Canada, would be allowed to return to that country.

  • SOR/2014-140, s. 16(E).
Marginal note:Identity documents
  •  (1) An applicant who does not hold a document described in any of paragraphs 50(1)(a) to (h) may submit with their application

    • (a) any identity document issued outside Canada before the person's entry into Canada; or

    • (b) if there is a reasonable and objectively verifiable explanation related to circumstances in the applicant's country of nationality or former habitual residence for the applicant's inability to obtain any identity documents, a statutory declaration made by the applicant attesting to their identity, accompanied by

      • (i) a statutory declaration attesting to the applicant’s identity made by a person who, before the applicant’s entry into Canada, knew the applicant, a family member of the applicant or the applicant’s father, mother, brother, sister, grandfather or grandmother, or

      • (ii) a statutory declaration attesting to the applicant’s identity made by an official of an organization representing nationals of the applicant’s country of nationality or former habitual residence.

  • Marginal note:Alternative documents

    (2) A document submitted under subsection (1) shall be accepted in lieu of a document described in any of paragraphs 50(1)(a) to (h) if

    • (a) in the case of an identity document, the identity document

      • (i) is genuine,

      • (ii) identifies the applicant, and

      • (iii) constitutes credible evidence of the applicant's identity; and

    • (b) in the case of a statutory declaration, the declaration

      • (i) is consistent with any information previously provided by the applicant to the Department or the Board, and

      • (ii) constitutes credible evidence of the applicant's identity.

  • SOR/2004-167, s. 49;
  • SOR/2011-126, s. 1.