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

Regulations are current to 2022-05-02 and last amended on 2022-04-26. Previous Versions

PART 8Refugee Classes (continued)

DIVISION 1Convention Refugees Abroad, Humanitarian-protected Persons Abroad and Protected Temporary Residents (continued)

[
  • SOR/2011-222, s. 2
]

General

Marginal note:General requirements

  •  (1) A permanent resident visa shall be issued to a foreign national in need of refugee protection, and their accompanying family members, if following an examination it is established that

    • (a) the foreign national is outside Canada;

    • (b) the foreign national has submitted an application for a permanent resident visa under this Division in accordance with paragraphs 10(1)(a) to (c) and (2)(c.1) to (d) and sections 140.1 to 140.3;

    • (c) the foreign national is seeking to come to Canada to establish permanent residence;

    • (d) the foreign national is a person in respect of whom there is no reasonable prospect, within a reasonable period, of a durable solution in a country other than Canada, namely

      • (i) voluntary repatriation or resettlement in their country of nationality or habitual residence, or

      • (ii) resettlement or an offer of resettlement in another country;

    • (e) the foreign national is a member of one of the classes prescribed by this Division;

    • (f) one of the following is the case, namely

      • (i) the sponsor’s sponsorship application for the foreign national and their family members included in the application for protection has been approved under these Regulations,

      • (ii) in the case of a member of the Convention refugee abroad class, financial assistance in the form of funds from a governmental resettlement assistance program is available in Canada for the foreign national and their family members included in the application for protection, or

      • (iii) the foreign national has sufficient financial resources to provide for the lodging, care and maintenance, and for the resettlement in Canada, of themself and their family members included in the application for protection;

    • (g) if the foreign national intends to reside in a province other than the Province of Quebec, the foreign national and their family members included in the application for protection will be able to become successfully established in Canada, taking into account the following factors:

      • (i) their resourcefulness and other similar qualities that assist in integration in a new society,

      • (ii) the presence of their relatives, including the relatives of a spouse or a common-law partner, or their sponsor in the expected community of resettlement,

      • (iii) their potential for employment in Canada, given their education, work experience and skills, and

      • (iv) their ability to learn to communicate in one of the official languages of Canada;

    • (h) if the foreign national intends to reside in the Province of Quebec, the competent authority of that Province is of the opinion that the foreign national and their family members included in the application for protection meet the selection criteria of the Province; and

    • (i) subject to subsections (3) and (4), the foreign national and their family members included in the application for protection are not inadmissible.

  • Marginal note:Exception

    (2) Paragraph (1)(g) does not apply to a foreign national, or their family members included in the application for protection, who has been determined by an officer to be vulnerable or in urgent need of protection.

  • Marginal note:Financial inadmissibility — exemption

    (3) A foreign national who is a member of a class prescribed by this Division, and meets the applicable requirements of this Division, is exempted from the application of section 39 of the Act.

  • Marginal note:Health grounds — exception

    (4) A foreign national who is a member of a class prescribed by this Division, and meets the applicable requirements of this Division, is exempted from the application of paragraph 38(1)(c) of the Act.

  • SOR/2004-167, s. 80(F)
  • SOR/2011-222, s. 4
  • SOR/2012-225, s. 4
  • SOR/2014-140, s. 13(F)

Marginal note:Class of family members

 Family members of an applicant who is determined to be a member of a class under this Division are members of the applicant’s class.

Marginal note:Application

 An application for a permanent resident visa submitted by a foreign national under this Division shall indicate that the foreign national is outside Canada and is making a claim for refugee protection and shall

  • (a) contain the name, address and country of birth of the applicant and of all their accompanying family members;

  • (b) contain the name and country of birth of all the applicant’s non-accompanying family members; and

  • (c) indicate whether the applicant or any of their accompanying or non-accompanying family members is the spouse, common-law partner or conjugal partner of another person.

  • SOR/2012-225, s. 5

Marginal note:Sponsorship of foreign national — requirement to attach applications

  •  (1) If the foreign national making an application for a permanent resident visa under this Division is being sponsored, the application for a permanent resident visa shall

    • (a) be accompanied by a sponsorship application referred to in paragraph 153(1)(b) by which the foreign national is being sponsored; or

    • (b) be attached to the sponsorship application sent by the sponsor in accordance with subsection 153(1.2).

  • Marginal note:Place of application

    (2) The foreign national who has chosen to have their application for a permanent resident visa accompanied by the sponsorship application shall send the application for a permanent resident visa and the sponsorship application to the Department’s Case Processing Centre in Canada for processing those applications.

  • SOR/2012-225, s. 5

Marginal note:Referral requirement

  •  (1) If the foreign national making an application for a permanent resident visa under this Division is not being sponsored, a foreign national making an application for a permanent resident visa under this Division shall submit their application with one of the following referrals, if the referral has not yet been submitted to the immigration office by its issuer:

    • (a) a referral from a referral organization;

    • (b) a referral resulting from an arrangement between the Minister and the government of a foreign state or any institution of such a government relating to resettlement; or

    • (c) a referral resulting from an agreement relating to resettlement entered into by the Government of Canada and an international organization or the government of a foreign state.

  • Marginal note:Exception

    (2) A foreign national may submit the application without a referral if they reside in a geographic area as determined by the Minister in accordance with subsection (3).

  • Marginal note:Minister’s determination

    (3) The Minister may determine on the basis of the following factors that a geographic area is an area in which circumstances justify the submission of permanent resident visa applications without a referral:

    • (a) advice from referral organizations with which the Minister has entered into a memorandum of understanding under section 143 that they are unable to make the number of referrals specified in their memorandum of understanding for the area;

    • (b) the inability of referral organizations to refer persons in the area;

    • (c) the resettlement needs in the area, after consultation with referral organizations that have substantial knowledge of the area; and

    • (d) the relative importance of resettlement needs in the area, within the context of resettlement needs globally.

  • Marginal note:Place of application

    (4) If the foreign national who is being referred under any of paragraphs (1)(a) to (c) or if the foreign national resides in a geographic area as determined by the Minister in accordance with subsection (3), the foreign national shall submit their application to the immigration office outside Canada that serves the foreign national’s place of residence.

  • SOR/2012-225, s. 5

Marginal note:Return of documents

 An application for a permanent resident visa made under this Division, its related sponsorship application made under Division 2 of this Part and all documents submitted in support of the applications, except the information referred to in subparagraphs 12.3(b)(i) and (ii), shall be returned to the person who sent the applications as a result of the choice made under subsection 140.2(1) if

  • (a) in the case of an application for a permanent resident visa, the requirements set out in paragraph 139(1)(b) are not met; or

  • (b) in the case of a sponsorship application, the requirements set out in paragraph 153(1)(b) and subsections 153(1.2) and (2) are not met.

  • SOR/2012-225, s. 5
  • SOR/2018-128, s. 6

Marginal note:Non-accompanying family member

  •  (1) A permanent resident visa shall be issued to a family member who does not accompany the applicant if, following an examination, it is established that

    • (a) the family member was included in the applicant’s permanent resident visa application at the time that application was made, or was added to that application before the applicant’s departure for Canada;

    • (b) the family member submits their application to an officer outside Canada within one year from the day on which refugee protection is conferred on the applicant;

    • (c) the family member is not inadmissible;

    • (d) if the applicant is the subject of a sponsorship application referred to in paragraph 139(1)(f)(i), their sponsor has been notified of the family member’s application and an officer is satisfied that there are adequate financial arrangements for resettlement; and

    • (e) in the case of a family member who intends to reside in the Province of Quebec, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

  • Marginal note:Non-application of paragraph 139(1)(b)

    (2) For greater certainty, the requirements set out in paragraph 139(1)(b) do not apply to the application of a non-accompanying family member.

  • SOR/2004-167, s. 80(F)
  • SOR/2012-225, s. 6
  • SOR/2014-140, s. 14

Marginal note:Requirements — family members

 Subject to subsections 25.1(1) and (6) to (8) and for the purposes of this Division, to be considered a family member of an applicant, a person must be a family member of the applicant

  • (a) at the time the application referred to in paragraph 139(1)(b) is made; and

  • (b) at the time of the determination of the application referred to in paragraph 141(1)(b).

  • SOR/2012-225, s. 7
  • SOR/2014-133, s. 9

Marginal note:Memorandum of understanding

  •  (1) The Minister may enter into a memorandum of understanding with an organization for the purpose of locating and identifying Convention refugees and persons in similar circumstances if the organization demonstrates

    • (a) a working knowledge of the provisions of the Act relating to protection criteria; and

    • (b) an ability abroad to locate and identify Convention refugees and persons in similar circumstances.

  • Marginal note:Content of memorandum of understanding

    (2) The memorandum of understanding shall include provisions with respect to

    • (a) the geographic area to be served by the organization;

    • (b) the number of referrals that may be made by the organization and the manner of referral;

    • (c) the training of members or employees of the organization; and

    • (d) the grounds for suspending or cancelling the memorandum of understanding.

  • SOR/2004-167, s. 46(F)
  • SOR/2009-163, s. 3(F)

Convention Refugees Abroad

Marginal note:Convention refugees abroad class

 The Convention refugees abroad class is prescribed as a class of persons who may be issued a permanent resident visa on the basis of the requirements of this Division.

Marginal note:Member of Convention refugees abroad class

 A foreign national is a Convention refugee abroad and a member of the Convention refugees abroad class if the foreign national has been determined, outside Canada, by an officer to be a Convention refugee.

Humanitarian-protected Persons Abroad

Marginal note:Person in similar circumstances to those of a Convention refugee

  •  (1) For the purposes of subsection 12(3) of the Act, a person in similar circumstances to those of a Convention refugee is a member of the country of asylum class.

  • Marginal note:Humanitarian-protected persons abroad

    (2) The country of asylum class is prescribed as a humanitarian-protected persons abroad class of persons who may be issued permanent resident visas on the basis of the requirements of this Division.

  • SOR/2011-222, s. 5

Marginal note:Member of country of asylum class

 A foreign national is a member of the country of asylum class if they have been determined by an officer to be in need of resettlement because

  • (a) they are outside all of their countries of nationality and habitual residence; and

  • (b) they have been, and continue to be, seriously and personally affected by civil war, armed conflict or massive violation of human rights in each of those countries.

 [Repealed, SOR/2011-222, s. 6]

 [Repealed, SOR/2011-222, s. 6]

 [Repealed, SOR/2012-225, s. 8]

Marginal note:Travel document

 An officer shall issue a temporary travel document to a foreign national who has been determined to be a member of a class prescribed by this Division and who

  • (a) holds a permanent resident visa or a temporary resident permit;

  • (b) does not hold a valid passport or travel document issued by their country of nationality or the country of their present or former habitual residence;

  • (c) does not hold a valid travel document issued by the United Nations or the International Committee of the Red Cross and is unable to obtain such a document within a reasonable time; and

  • (d) would be unable to travel to Canada if the temporary travel document were not issued.

  • SOR/2009-163, s. 6(F)

Protected Temporary Residents

Marginal note:Protected temporary residents class

  •  (1) The protected temporary residents class is prescribed as a class of persons who may become permanent residents on the basis of the requirements of this section.

  • Marginal note:Member of the class

    (2) A foreign national is a protected temporary resident and a member of the protected temporary residents class if the foreign national holds a temporary resident permit and

    • (a) became a temporary resident under a temporary resident permit for protection reasons after making a claim for refugee protection outside Canada under section 99 of the Act; or

    • (b) was issued a Minister’s permit under section 37 of the former Act after seeking admission to Canada under section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations.

  • Marginal note:Application

    (2.1) A foreign national destined for Quebec does not become a member of the protected temporary residents class described in paragraph (2)(a) if they have not received a selection certificate from the Province of Quebec.

  • Marginal note:Former Act and Regulations

    (3) In subsection (2), former Act has the same meaning as in section 187 of the Act and former Regulations and Humanitarian Designated Classes Regulations have the same meaning as in subsection 316(1) of these Regulations.

  • SOR/2004-167, s. 48
  • SOR/2009-163, s. 7(F)
 
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