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

Regulations are current to 2019-07-01 and last amended on 2019-06-17. Previous Versions

PART 4Procedures (continued)

DIVISION 3Conduct of Examination (continued)

Documents Required

Marginal note:Documents — permanent residents

  •  (1) In addition to the permanent resident visa required of a foreign national who is a member of a class referred to in subsection 70(2), a foreign national seeking to become a permanent resident must hold

    • (a) a passport, other than a diplomatic, official or similar passport, that was issued by the country of which the foreign national is a citizen or national;

    • (b) a travel document that was issued by the country of which the foreign national is a citizen or national;

    • (c) an identity or travel document that was issued by a country to non-national residents, refugees or stateless persons who are unable to obtain a passport or other travel document from their country of citizenship or nationality or who have no country of citizenship or nationality;

    • (d) a travel document that was issued by the International Committee of the Red Cross in Geneva, Switzerland, to enable and facilitate emigration;

    • (e) a passport or travel document that was issued by the Palestinian Authority;

    • (f) an exit visa that was issued by the Government of the Union of Soviet Socialist Republics to its citizens who were compelled to relinquish their Soviet nationality in order to emigrate from that country;

    • (g) a passport issued by the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong;

    • (h) a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China; or

    • (i) a passport issued by the United Kingdom to a British Subject.

  • Marginal note:Exception — protected persons

    (2) Subsection (1) does not apply to a person who is a protected person within the meaning of subsection 95(2) of the Act and holds a permanent resident visa when it is not possible for the person to obtain a passport or an identity or travel document referred to in subsection (1).

  • (3) [Repealed, SOR/2010-54, s. 1]

  • SOR/2008-253, s. 1
  • SOR/2010-54, s. 1
  • SOR/2011-125, s. 1
  • SOR/2014-139, s. 1(F)
  • SOR/2016-298, s. 1(F)

Marginal note:Designation of unreliable travel documents

  •  (1) The Minister may designate, individually or by class, passports or travel or identity documents that do not constitute reliable proof of identity or nationality.

  • Marginal note:Factors

    (2) The Minister shall consider the following factors in determining whether to designate any passport or travel or identity document, or class of passport or travel or identity document, as not being reliable proof of identity or nationality:

    • (a) the adequacy of security features incorporated into the passport or document for the purpose of deterring its misuse or unauthorized alteration, reproduction or issuance; and

    • (b) information respecting the security or integrity of the process leading to the issuance of the passport or document.

  • Marginal note:Effect of designation

    (3) A passport or travel or identity document that has been designated under subsection (1) is not a passport or travel or identity document for the purpose of subsection 50(1) or 52(1).

  • Marginal note:Public notice

    (4) The Minister shall make available to the public a list of all passports or travel or identity documents designated under subsection (1).

  • SOR/2010-54, s. 2

Marginal note:Examination — permanent residents

 A foreign national who holds a permanent resident visa and is seeking to become a permanent resident must, at the time of their examination,

  • (a) inform the officer if

    • (i) the foreign national has become a spouse or common-law partner or has ceased to be a spouse, common-law partner or conjugal partner after the visa was issued, or

    • (ii) material facts relevant to the issuance of the visa have changed since the visa was issued or were not divulged when it was issued; and

  • (b) establish that they and their family members, whether accompanying or not, meet the requirements of the Act and these Regulations.

  • SOR/2008-253, s. 2

Marginal note:Documents — temporary residents

  •  (1) In addition to the other requirements of these Regulations, a foreign national seeking to become a temporary resident must hold one of the following documents that is valid for the period authorized for their stay:

    • (a) a passport that was issued by the country of which the foreign national is a citizen or national, that does not prohibit travel to Canada and that the foreign national may use to enter the country of issue;

    • (b) a travel document that was issued by the country of which the foreign national is a citizen or national, that does not prohibit travel to Canada and that the foreign national may use to enter the country of issue;

    • (c) an identity or travel document that was issued by a country, that does not prohibit travel to Canada, that the foreign national may use to enter the country of issue and that is of the type issued by that country to non-national residents, refugees or stateless persons who are unable to obtain a passport or other travel document from their country of citizenship or nationality or who have no country of citizenship or nationality;

    • (d) a laissez-passer that was issued by the United Nations;

    • (e) a passport or travel document that was issued by the Palestinian Authority;

    • (f) a document that was issued by the Organization of American States and is entitled “Official Travel Document”;

    • (g) a passport issued by the United Kingdom to a British Overseas Citizen;

    • (h) a passport issued by the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong;

    • (i) a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China; or

    • (j) a passport issued by the United Kingdom to a British Subject.

  • (1.1) [Repealed, SOR/2003-260, s. 1]

  • Marginal note:Exceptions

    (2) Subsection (1) does not apply to

    • (a) citizens of the United States;

    • (b) persons seeking to enter Canada from the United States or St. Pierre and Miquelon who have been lawfully admitted to the United States for permanent residence;

    • (c) residents of Greenland seeking to enter Canada from Greenland;

    • (d) persons seeking to enter Canada from St. Pierre and Miquelon who are citizens of France and residents of St. Pierre and Miquelon;

    • (e) members of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act who are seeking entry in order to carry out official duties, other than persons who have been designated as a civilian component of those armed forces;

    • (f) persons who are seeking to enter Canada as, or in order to become, members of a crew of a means of air transportation and who hold an airline flight crew licence or crew member certificate issued in accordance with International Civil Aviation Organization specifications; or

    • (g) persons seeking to enter Canada as members of a crew who hold a seafarer’s identity document issued under International Labour Organization conventions and are members of the crew of the vessel that carries them to Canada.

  • (3) [Repealed, SOR/2010-54, s. 3]

  • SOR/2003-197, s. 1
  • SOR/2003-260, s. 1
  • SOR/2004-167, s. 14(F)
  • SOR/2010-54, s. 3
  • SOR/2010-195, s. 2(F)
  • SOR/2011-125, s. 2

PART 5Permanent Residents

DIVISION 1Permanent Resident Cards

Marginal note:Document indicating status

  •  (1) For the purposes of subsection 31(1) of the Act, the document indicating the status of a permanent resident is a permanent resident card that is

    • (a) provided by the Department to a person who has become a permanent resident under the Act; or

    • (b) issued by the Department, on application, to a permanent resident who has become a permanent resident under the Act or a permanent resident who obtained that status under the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, as it read immediately before the coming into force of section 31 of the Act.

  • Marginal note:Property of Her Majesty

    (2) A permanent resident card remains the property of Her Majesty in right of Canada at all times and must be returned to the Department on the Department’s request.

  • SOR/2004-167, s. 15
 
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