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

Regulations are current to 2017-11-20 and last amended on 2017-10-24. Previous Versions

Marginal note:Member of class

 A foreign national is a permit holder and a member of the permit holder class if

  • (a) they have been issued a temporary resident permit under subsection 24(1) of the Act;

  • (b) they have continuously resided in Canada as a permit holder for a period of

    • (i) at least three years, if they

      • (A) are inadmissible on health grounds under subsection 38(1) of the Act,

      • (B) are inadmissible under paragraph 42(1)(a) of the Act on grounds of an accompanying family member who is inadmissible under subsection 38(1) of the Act, or

      • (C) are inadmissible under paragraph 42(1)(b) of the Act on grounds of being an accompanying family member of a foreign national who is inadmissible

        • (I) under subsection 38(1) of the Act, or

        • (II) under paragraph 42(1)(a) of the Act on grounds of an accompanying family member who is inadmissible under subsection 38(1) of the Act,

    • (ii) at least five years, if they are inadmissible on any other grounds under the Act, except sections 34 and 35 and subsections 36(1) and 37(1) of the Act;

  • (c) they have not become inadmissible on any ground since the permit was issued; and

  • (d) in the case of a foreign national who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

  • SOR/2004-167, s. 20;
  • SOR/2014-269, ss. 6, 7.
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