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

Regulations are current to 2014-04-02 and last amended on 2014-02-06. Previous Versions

Holders of Temporary Resident Visas

Marginal note:Authorization

 A foreign national is not authorized to enter and remain in Canada as a temporary resident unless, following an examination, it is established that the foreign national and their accompanying family members

  • (a) met the requirements for issuance of their temporary resident visa at the time it was issued; and

  • (b) continue to meet these requirements at the time of the examination on entry into Canada.

Applications for Extension of Authorization to Remain in Canada as a Temporary Resident

Marginal note:Circumstances
  •  (1) A foreign national may apply for an extension of their authorization to remain in Canada as a temporary resident if

    • (a) the application is made by the end of the period authorized for their stay; and

    • (b) they have complied with all conditions imposed on their entry into Canada.

  • Marginal note:Extension

    (2) An officer shall extend the foreign national's authorization to remain in Canada as a temporary resident if, following an examination, it is established that the foreign national continues to meet the requirements of section 179.

Restoration of Temporary Resident Status

Marginal note:Restoration

 On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay, has not failed to comply with any other conditions imposed and is not the subject of a declaration made under subsection 22.1(1) of the Act.

  • SOR/2013-210, s. 2.

Division 1.1Declaration Under Subsection 22.1(1) of the Act

Marginal note:Notice

 If the Minister makes a declaration under subsection 22.1(1) of the Act in respect of a foreign national, the foreign national is considered to have been given notice of the declaration if

  • (a) notice is sent by mail to their last known address;

  • (b) notice is sent to their last known email address;

  • (c) notice is provided to them by hand, including at a port of entry; or

  • (d) notice is sent or provided by other reasonable means, if it is not possible to give notice by one of the means referred to in paragraphs (a) to (c).

  • SOR/2013-210, s. 2.
Marginal note:Written submissions
  •  (1) A foreign national who is the subject of a declaration made under subsection 22.1(1) of the Act may make written submissions to the Minister as to why the declaration should be revoked or why its effective period should be shortened.

  • Marginal note:Time limit

    (2) The written submissions must be made within 60 days after the day on which the notice of the declaration is sent or provided to the foreign national, as the case may be.

  • SOR/2013-210, s. 2.