Marginal note:Member of class
65 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
(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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