Immigration and Refugee Protection Regulations

Marginal note:Fee — $490

• 303 (1) A fee of $490 is payable by a person for the acquisition of permanent resident status.

• Marginal note:Exception

  (2) The following persons are not required to pay the fee referred to in subsection (1):

  • (a) a person who is a family member of a principal applicant and is a dependent child referred to in paragraph (b) or (c) of the definition family member in subsection 1(3);

  • (b) a principal applicant who is a foreign national referred to in paragraph 117(1)(b), (f) or (g);

  • (b.1) a principal applicant in Canada who has made an application in accordance with section 66 and is a dependent child of a permanent resident or of a Canadian citizen;

  • (b.2) a member of the permit holder class who is a dependent child of

    • (i) a member of the permit holder class who has made an application to remain in Canada as a permanent resident, or

    • (ii) a permanent resident or a Canadian citizen;

  • (c) a protected person within the meaning of subsection 95(2) of the Act who has applied to remain in Canada as a permanent resident, and their family members;

  • (c.1) a person who is a member of the protected temporary residents class and is described in paragraph 151.1(2)(b) and the family members included in their application;

  • (d) a person who is a member of the Convention refugees abroad class, and the family members included in their application; and

  • (e) a person who is a member of a humanitarian-protected persons abroad class, and the family members included in their application.

• Marginal note:Payment

  (3) The fee referred to in subsection (1) is payable

  • (a) in the case of an application by or on behalf of a person for a permanent resident visa, before the visa is issued; and

  • (b) in the case of an application by or on behalf of a foreign national to remain in Canada as a permanent resident, before the foreign national becomes a permanent resident.

• Marginal note:Remission

  (4) The fee referred to in subsection (1) is remitted if the person does not acquire permanent resident status, in which case the fee shall be repaid by the Minister to the person who paid it.

• Marginal note:Transitional — subsection (4)

  (5) For the purpose of subsection (4), if the fee was paid before the day on which this subsection comes into force, the amount to be remitted and repaid — except to the extent otherwise remitted — is $975.

• Marginal note:Transitional — remission

  (6) Despite subsections (4) and (5), in the case where the fee of $975 was paid in accordance with paragraph (3)(a), a portion of that fee in the amount of $485 is remitted and shall be repaid — except to the extent otherwise remitted — by the Minister to the person who paid the fee if

  • (a) the person in respect of whom the fee was paid has, on or before the day on which this subsection comes into force, not yet acquired permanent resident status and they are a person referred to in any of paragraphs 117(1)(a), (c), (d) or (h); or

  • (b) the person in respect of whom the fee was paid acquires permanent resident status on or after the day on which this subsection comes into force and they are not a person referred to in any of paragraphs 117(1)(a), (c), (d) or (h).