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

Regulations are current to 2019-11-19 and last amended on 2019-08-15. Previous Versions

PART 2General Requirements (continued)

DIVISION 2Applications (continued)

Marginal note:Application — other means

 If an application is not made by electronic means it must be submitted to the address specified by the Minister, including the address specified on the Department’s website for that purpose.

  • SOR/2004-167, s. 6
  • SOR/2012-154, s. 2
  • SOR/2012-225, s. 2
  • SOR/2019-174, s. 3

Marginal note:Return of application

 Subject to section 140.4, if the requirements of sections 10 and 11 are not met, the application and all documents submitted in support of it, except the information referred to in subparagraphs 12.3(b)(i) and (ii), shall be returned to the applicant.

  • SOR/2012-225, s. 3
  • SOR/2018-128, s. 2

Marginal note:Request or application at port of entry

 Subject to sections 198 and 214, a person — who under section 10.01 of the Act is required to provide their biometric information — may only make a request for a temporary resident permit under subsection 24(1) of the Act or an application for a work or study permit at a port of entry if that port of entry provides collection services for biometric information.

  • SOR/2018-128, s. 2

Marginal note:Invitation — application for permanent residence

 An application for permanent residence that is made in response to an invitation issued by the Minister under Division 0.1 of the Act must be made by the electronic means that is made available or specified by the Minister for that purpose.

  • SOR/2014-256, s. 1
  • SOR/2019-174, s. 4

 [Repealed, SOR/2019-174, s. 4]

 [Repealed, SOR/2019-174, s. 4]

Marginal note:Electronic travel authorization — application by electronic means

  •  (1) Despite section 10, an application for a travel authorization under subsection 11(1.01) of the Act must be made by the electronic system that is made available or specified by the Minister for that purpose.

  • (2) [Repealed, SOR/2019-174, s. 5]

  • (3) [Repealed, SOR/2019-174, s. 5]

  • Marginal note:Required information

    (4) The application must contain the following information:

    • (a) the applicant’s name;

    • (b) the applicant’s date and place of birth;

    • (c) the applicant’s gender;

    • (d) the applicant’s address;

    • (e) the applicant’s nationality;

    • (f) the number of the applicant’s passport or other travel document, together with its date of issue and its expiry date and the country or the authority that issued it;

    • (g) if the applicant is an applicant referred to in any of paragraphs 10(2)(c.1) to (c.4), the information required under that paragraph;

    • (h) if the applicant is making the application by the electronic system referred to in subsection (1), the applicant’s e-mail address;

    • (h.1) in the case of a foreign national referred to in paragraph 7.01(2)(b), the valid United States nonimmigrant visa number; and

    • (i) a declaration that the information provided in the application is complete and accurate.

  • Marginal note:Combined applications — foreign nationals referred to in subsection 7.01(1)

    (5) An application for a renewal of a work permit or study permit that is made by a foreign national referred to in subsection 7.01(1) is considered to constitute an application for an electronic travel authorization.

  • Marginal note:Combined applications — foreign nationals referred to in subsection 7.1(1)

    (6) An application for a work permit or study permit or for renewal of a work permit or study permit that is made by a foreign national who is required under subsection 7.1(1) to obtain an electronic travel authorization is considered to constitute an application for an electronic travel authorization.

  • SOR/2015-77, s. 3
  • SOR/2017-53, s. 3
  • SOR/2019-174, s. 5
  • SOR/2019-174, s. 6

Marginal note:Period of validity

  •  (1) An electronic travel authorization is valid for a period of five years from the day on which it is issued to the applicant or until the earliest of the following days, if they occur before the end of that period:

    • (a) the day on which the applicant’s passport or other travel document, in respect of which the electronic travel authorization was issued, expires,

    • (b) the day on which the electronic travel authorization is cancelled,

    • (c) the day on which a new electronic travel authorization, in respect of the same passport or the same travel document, is issued to the applicant, or

    • (d) the day on which the country or authority referred to in paragraph 190(1)(a) that issued the passport or other travel document in respect of which the electronic travel authorization was issued is no longer referred to in that paragraph.

  • Marginal note:Exception

    (2) Paragraph (1)(d) does not apply to an electronic travel authorization that is issued

    • (a) before December 1, 2017, in respect of a passport or other travel document that is issued by Romania; or

    • (b) in respect of a machine-readable passport that contains a contactless integrated circuit chip and that is issued by Romania.

  • SOR/2015-77, s. 3
  • SOR/2017-53, s. 4
  • SOR/2017-147, s. 1
  • SOR/2017-246, s. 2(F)
  • SOR/2018-109, s. 3

Marginal note:Ineligibility

 A foreign national who holds an electronic travel authorization becomes ineligible to hold such an authorization if, following its issuance,

  • (a) they are the subject of a declaration made under subsection 22.1(1) of the Act;

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

  • (c) they are the subject of a report prepared under subsection 44(1) of the Act;

  • (d) they are the subject of a removal order made under subsection 44(2) or paragraph 45(d) of the Act;

  • (e) they withdrew their application to enter Canada under subsection 42(1);

  • (f) they were refused a temporary resident visa because they did not meet the requirement set out in paragraph 179(b);

  • (g) they were refused a work permit because they did not meet the requirement set out in paragraph 200(1)(b);

  • (h) they were refused a study permit because they did not meet the requirement set out in paragraph 216(1)(b); or

  • (i) in the case of a foreign national referred to in subsection 7.01(1), it is established that, on the day on which they made their application for an electronic travel authorization, they did not meet either of the conditions set out in paragraphs 7.01(2)(a) and (b).

  • SOR/2015-77, s. 3
  • SOR/2017-53, s. 5

Marginal note:Cancellation

 An officer may cancel an electronic travel authorization that was issued to a foreign national if the foreign national is inadmissible or becomes ineligible to hold such an authorization under section 12.06.

  • SOR/2017-53, s. 5

DIVISION 2.1Collection and Verification of Biometric Information

Marginal note:Collection — claims, applications, and requests

 Section 10.01 of the Act does not apply to claims, applications and requests under the Act, other than the following:

  • (a) an application for a permanent resident visa;

  • (b) an application to remain in Canada as a permanent resident;

  • (c) an application for permanent resident status made by a person who, when they made their claim for refugee protection outside Canada, was exempted, under section 12.8, from providing their biometric information under section 10.01 of the Act;

  • (d) an application for a temporary resident visa;

  • (e) an application for an extension of authorization to remain in Canada as a temporary resident;

  • (f) a request for a temporary resident permit;

  • (g) an application for restoration of temporary resident status;

  • (h) an application for a work permit or renewal of a work permit;

  • (i) an application for a study permit or renewal of a study permit;

  • (j) an application to remain in Canada as a permanent resident, made in Canada by a protected person, within the meaning of subsection 95(2) of the Act;

  • (k) a claim for refugee protection, made in Canada;

  • (l) a claim for refugee protection, made outside Canada; and

  • (m) an application for a new permanent resident card made for the first time by a person, 14 years of age or older, who, when they made an application referred to in any of paragraphs (a) to (c), was exempted under paragraph 12.2(1)(a) from providing their biometric information under section 10.01 of the Act.

  • SOR/2013-73, s. 1
  • SOR/2018-128, s. 3
 
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