Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Regulations are current to 2019-06-20 and last amended on 2019-06-17. Previous Versions

PART 8Refugee Classes (continued)

DIVISION 5Protected Persons — Permanent Residence

Marginal note:Judicial review

  •  (1) For the purposes of subsection 21(2) of the Act, an officer shall not be satisfied that an applicant meets the conditions of that subsection if the determination or decision is subject to judicial review or if the time limit for commencing judicial review has not elapsed.

  • (2) [Repealed, SOR/2012-154, s. 8]

  • Marginal note:Quebec

    (3) For the purposes of subsection 21(2) of the Act, an applicant who makes an application to remain in Canada as a permanent resident — and the family members included in the application — who intend to reside in the Province of Quebec as permanent residents and who are not persons whom the Board has determined to be Convention refugees, may become permanent residents only if it is established that the competent authority of that Province is of the opinion that they meet the selection criteria of the Province.

  • SOR/2012-154, s. 8

Marginal note:Family members

  •  (1) An applicant may include in their application to remain in Canada as a permanent resident any of their family members.

  • Marginal note:One-year time limit

    (2) A family member who is included in an application to remain in Canada as a permanent resident and who is outside Canada at the time the application is made shall be issued a permanent resident visa if

    • (a) the family member makes an application outside Canada to an officer within one year after the day on which the applicant becomes a permanent resident; and

    • (b) the family member is not inadmissible on the grounds referred to in subsection (3).

  • Marginal note:Inadmissibility

    (3) A family member who is inadmissible on any of the grounds referred to in subsection 21(2) of the Act shall not be issued a permanent resident visa and shall not become a permanent resident.

Marginal note:Prescribed classes

 For the purposes of subsection 21(2) of the Act, the following are prescribed as classes of persons who cannot become permanent residents:

  • (a) the class of persons who have been the subject of a decision under section 108 or 109 or subsection 114(3) of the Act resulting in the rejection of a claim for refugee protection or nullification of the decision that led to conferral of refugee protection;

  • (b) the class of persons who are permanent residents at the time of their application to remain in Canada as a permanent resident;

  • (c) the class of persons who have been recognized by any country, other than Canada, as Convention refugees and who, if removed from Canada, would be allowed to return to that country;

  • (d) the class of nationals or citizens of a country, other than the country that the person left, or outside of which the person remains, by reason of fear of persecution; and

  • (e) the class of persons who have permanently resided in a country, other than the country that the person left, or outside of which the person remains, by reason of fear of persecution, and who, if removed from Canada, would be allowed to return to that country.

  • SOR/2014-140, s. 16(E)

Marginal note:Identity documents

  •  (1) An applicant who does not hold a document described in any of paragraphs 50(1)(a) to (h) may submit with their application

    • (a) any identity document issued outside Canada before the person’s entry into Canada; or

    • (b) if there is a reasonable and objectively verifiable explanation related to circumstances in the applicant’s country of nationality or former habitual residence for the applicant’s inability to obtain any identity documents, a statutory declaration made by the applicant attesting to their identity, accompanied by

      • (i) a statutory declaration attesting to the applicant’s identity made by a person who, before the applicant’s entry into Canada, knew the applicant, a family member of the applicant or the applicant’s father, mother, brother, sister, grandfather or grandmother, or

      • (ii) a statutory declaration attesting to the applicant’s identity made by an official of an organization representing nationals of the applicant’s country of nationality or former habitual residence.

  • Marginal note:Alternative documents

    (2) A document submitted under subsection (1) shall be accepted in lieu of a document described in any of paragraphs 50(1)(a) to (h) if

    • (a) in the case of an identity document, the identity document

      • (i) is genuine,

      • (ii) identifies the applicant, and

      • (iii) constitutes credible evidence of the applicant’s identity; and

    • (b) in the case of a statutory declaration, the declaration

      • (i) is consistent with any information previously provided by the applicant to the Department or the Board, and

      • (ii) constitutes credible evidence of the applicant’s identity.

  • SOR/2004-167, s. 49
  • SOR/2011-126, s. 1

PART 9Temporary Residents

DIVISION 1Temporary Resident Visa

Marginal note:Issuance

 An officer shall issue a temporary resident visa to a foreign national if, following an examination, it is established that the foreign national

  • (a) has applied in accordance with these Regulations for a temporary resident visa as a member of the visitor, worker or student class;

  • (b) will leave Canada by the end of the period authorized for their stay under Division 2;

  • (c) holds a passport or other document that they may use to enter the country that issued it or another country;

  • (d) meets the requirements applicable to that class;

  • (e) is not inadmissible;

  • (f) meets the requirements of subsections 30(2) and (3), if they must submit to a medical examination under paragraph 16(2)(b) of the Act; and

  • (g) is not the subject of a declaration made under subsection 22.1(1) of the Act.

  • SOR/2012-154, s. 9
  • SOR/2013-210, s. 1

Holders of Temporary Resident Visas

Marginal note:Authorization

 A foreign national who holds a temporary resident visa 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.

  • SOR/2019-212, s. 8

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

  •  (1) 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.

  • Marginal note:Exception

    (2) Despite subsection (1), an officer shall not restore the status of a student who is not in compliance with a condition set out in subsection 220.1(1).

  • SOR/2013-210, s. 2
  • SOR/2014-14, s. 3

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
 
Date modified: