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Immigration and Refugee Protection Regulations

Version of section 65.1 from 2012-08-15 to 2024-06-19:

Marginal note:Becoming a permanent resident

  •  (1) A foreign national in Canada who is a permit holder and a member of the permit holder class becomes a permanent resident if, following an examination, it is established that

    • (a) they have applied to remain in Canada as a permanent resident as a member of that class;

    • (b) they are in Canada to establish permanent residence;

    • (c) they meet the selection criteria and other requirements applicable to that class;

    • (d) they hold

      • (i) subject to subsection (4), a document described in any of paragraphs 50(1)(a) to (h), and

      • (ii) a medical certificate — based on the most recent medical examination to which they were required to submit under paragraph 16(2)(b) of the Act and which took place within the previous 12 months — that indicates that their health condition is not likely to be a danger to public health or public safety and is not reasonably expected to cause excessive demand; and

    • (e) they and their family members, whether accompanying or not, are not inadmissible on any ground other than the grounds on which an officer, at the time the permit was issued, formed the opinion that the foreign national was inadmissible.

  • Marginal note:Criteria in the Province of Quebec

    (2) For the purposes of paragraph (1)(c), the selection criterion applicable to a foreign national who intends to reside in the Province of Quebec as a permanent resident and who is not a person whom the Board has determined to be a Convention refugee is met by evidence that the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

  • Marginal note:Foreign nationals without a passport or other travel document

    (3) The following foreign nationals who are not holders of a document described in any of paragraphs 50(1)(a) to (h) may submit with their application a document described in paragraph 178(1)(a) or (b):

    • (a) a protected person within the meaning of subsection 95(2) of the Act;

    • (b) a person who was determined to be a Convention refugee seeking resettlement under the Immigration Regulations, 1978, as enacted by Order in Council P.C. 1978-486 dated February 23, 1978 and registered as SOR/78-172, if under the Act or section 69.2 of the former Act, within the meaning of section 187 of the Act,

      • (i) no determination has been made to vacate that determination, or

      • (ii) no determination has been made that the person ceased to be a Convention refugee; and

    • (c) a member of the country of asylum class or the source country class under the Humanitarian Designated Classes Regulations, as enacted by Order in Council P.C. 1997-477 dated April 8, 1997 and registered as SOR/97-183.

  • Marginal note:Alternative documents

    (4) A document submitted under subsection (3) shall be accepted in lieu of a document described in any of paragraphs 50(1)(a) to (h) if it satisfies the requirements of paragraphs 178(2)(a) or (b).

  • SOR/2004-167, s. 21
  • SOR/2012-154, s. 5

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