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361 (1) If, before the day on which this section comes into force, a foreign national referred to in subsection (2) has been assessed by a visa officer and awarded the number of units of assessment required by the former Regulations, that assessment is, for the purpose of these Regulations, an award of points equal or superior to the minimum number of points required of

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(4) Beginning on December 1, 2003, a foreign national who is an immigrant who made an application under the former Regulations before January 1, 2002 for an immigrant visa as a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of those Regulations, other than a self-employed person within the meaning of subsection 2(1) of those Regulations, and whose application is still pending on December 1, 2003 and who has not, before that day, been awarded units of assessment under those Regulations must, in order to become a permanent resident as a member of the federal skilled worker class,

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• (b) meet the requirements of subsection 75(2) and paragraph 76(1)(b) of these Regulations and obtain a minimum of 67 points based on the factors set out in paragraph 76(1)(a) of these Regulations.

(5) Beginning on December 1, 2003, a foreign national who is an immigrant who made an application under the former Regulations before January 1, 2002 for an immigrant visa as an investor and whose application is still pending on December 1, 2003 and who has not, before that day, been awarded units of assessment under those Regulations must, in order to become a permanent resident as a member of the investor class,

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• (b) be an investor within the meaning of subsection 88(1) of these Regulations and obtain a minimum of 35 points based on the factors set out in subsection 102(1) of these Regulations.

(5.1) Beginning on December 1, 2003, a foreign national who is an immigrant who made an application under the former Regulations before January 1, 2002 for an immigrant visa as an entrepreneur and whose application is still pending on December 1, 2003 and who has not, before that day, been awarded units of assessment under those Regulations must, in order to become a permanent resident as a member of the entrepreneur class,

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• (b) be an entrepreneur within the meaning of subsection 88(1) of these Regulations and obtain a minimum of 35 points based on the factors set out in subsection 102(1) of these Regulations.

(5.2) Beginning on December 1, 2003, a foreign national who is an immigrant who made an application under the former Regulations before January 1, 2002 for an immigrant visa as a self-employed person and whose application is still pending on December 1, 2003 and who has not, before that day, been awarded units of assessment under those Regulations must, in order to become a permanent resident as a member of the self-employed persons class,

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• (b) be a self-employed person within the meaning of subsection 88(1) of these Regulations and obtain a minimum of 35 points based on the factors set out in subsection 102(1) of these Regulations.

365 (1) These Regulations, except paragraph 117(1)(e), subsection 117(5) and paragraphs 259(a) and (f) come into force on June 28, 2002.

10 (1) Subject to paragraphs 28(b) to (d) and 139(1)(b), an application under these Regulations shall

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• (c) include all information and documents required by these Regulations, as well as any other evidence required by the Act;

• (d) be accompanied by evidence of payment of the applicable fee, if any, set out in these Regulations; and

Marginal note:Required information

(2) The application shall, unless otherwise provided by these Regulations,

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• (c) indicate the class prescribed by these Regulations for which the application is made;

1 (1) The definitions in this subsection apply in the Act and in these Regulations.

Marginal note:Interpretation — common-law partner

(2) For the purposes of the Act and these Regulations, an individual who has been in a conjugal relationship with a person for at least one year but is unable to cohabit with the person, due to persecution or any form of penal control, shall be considered a common-law partner of the person.

Definition of family member

(3) For the purposes of the Act, other than section 12 and paragraph 38(2)(d), and for the purposes of these Regulations, other than paragraph 7.1(3)(a) and sections 159.1 and 159.5, family member in respect of a person means

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228 (1) For the purposes of subsection 44(2) of the Act, and subject to subsections (3) and (4), if a report in respect of a foreign national does not include any grounds of inadmissibility other than those set out in the following circumstances, the report shall not be referred to the Immigration Division and any removal order made shall be

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• (a.01) if the foreign national is inadmissible on grounds of transborder criminality under subsection 36(2.1) of the Act for having committed one of the following offences on their entry into Canada, a deportation order:

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  • (iv) an offence under subsection 159(1) of the Customs Act with respect to goods referred to in subparagraph 19(1)(d)(ii) of these Regulations,

  • (v) an offence under subsection 160(1) of the Customs Act that is one of the following contraventions:

    • (A) a contravention of section 12 of that Act, with respect to goods referred to in clause 19(1)(e)(i)(B) of these Regulations, or