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

DIVISION 2Applications

Marginal note:Form and content of application

• 10 (1) Subject to paragraphs 28(b) to (d) and 139(1)(b), an application under these Regulations shall

  • (a) be made in writing using the form, if any, provided by the Department or, in the case of an application for a declaration of relief under subsection 42.1(1) of the Act, by the Canada Border Services Agency;

  • (b) be signed by the applicant;

  • (c) include all information and documents required by these Regulations, as well as any other evidence required by the Act;

  • (d) be accompanied by evidence of payment of the applicable fee, if any, set out in these Regulations; and

  • (e) if there is an accompanying spouse or common-law partner, identify who is the principal applicant and who is the accompanying spouse or common-law partner.

• Marginal note:Required information

  (2) The application shall, unless otherwise provided by these Regulations,

  • (a) contain the name, birth date, address, nationality and immigration status of the applicant and of all family members of the applicant, whether accompanying or not, and a statement whether the applicant or any of the family members is the spouse, common-law partner or conjugal partner of another person;

  • (b) indicate whether they are applying for a visa, permit or authorization;

  • (c) indicate the class prescribed by these Regulations for which the application is made;

  • (c.1) if the applicant is represented in connection with the application, include the name, postal address and telephone number, and fax number and electronic mail address, if any, of any person or entity — or a person acting on its behalf — representing the applicant;

  • (c.2) if the applicant is represented, for consideration in connection with the application, by a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, include the name of the body of which the person is a member and their membership identification number;

  • (c.3) if the applicant has been advised, for consideration in connection with the application, by a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, include the information referred to in paragraphs (c.1) and (c.2) with respect to that person;

  • (c.4) if the applicant has been advised, for consideration in connection with the application, by an entity — or a person acting on its behalf — referred to in subsection 91(4) of the Act, include the information referred to in paragraph (c.1) with respect to that entity or person; and

  • (d) include a declaration that the information provided is complete and accurate.

• Marginal note:Exception — adoption

  (2.1) An application to sponsor and the accompanying application for permanent residence for a person described in paragraph 117(1)(b) involving an international adoption or another person referred to in paragraph 117(1)(g) can be submitted without the information referred to in paragraph 10(2)(a) concerning that person but that information must be provided before the application is approved.

• Marginal note:Clarification

  (2.2) For greater certainty, neither the information referred to in subparagraphs 12.3(b)(i) and (ii) nor the fee referred to in section 315.1 form part of the application.

• Marginal note:Application of family members

  (3) The application is considered to be an application made for the principal applicant and their accompanying family members.

• Marginal note:Application — sponsorship

  (4) An application made by a foreign national as a member of the family class must be accompanied by a sponsorship application referred to in paragraph 130(1)(c).

• Marginal note:Multiple applications

  (5) No sponsorship application may be filed by a sponsor in respect of a person if the sponsor has filed another sponsorship application in respect of that same person and a final decision has not been made in respect of that other application.

• Marginal note:Invalid sponsorship application

  (6) A sponsorship application that is not made in accordance with subsection (1) is considered not to be an application filed in the prescribed manner for the purposes of subsection 63(1) of the Act.

Marginal note:Application — other means

11 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.

Marginal note:Return of application

12 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.

Marginal note:Request or application at port of entry

12.001 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.

Marginal note:Invitation — application for permanent residence

12.01 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.

12.02 [Repealed, SOR/2019-174, s. 4]

12.03 [Repealed, SOR/2019-174, s. 4]

Marginal note:Electronic travel authorization — application by electronic means

• 12.04 (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.

Marginal note:Period of validity

• 12.05 (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,

  • (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, and

  • (e) the day on which the country referred to in subsection 7.01(1) 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 subsection, unless that country is listed in Schedule 1.1.

• Marginal note:United States lawful permanent residents

  (1.1) Any electronic travel authorization that is issued to a citizen of a country other than those listed in Schedule 1.1 on the basis of their lawful admission to the United States for permanent residence ceases to be valid at 08:00:00 Eastern daylight time on April 26, 2022.

• Marginal note:Exception — Mexico

  (1.2) Paragraph (1)(d) does not apply to an electronic travel authorization issued to a foreign national who is a citizen of Mexico if, on the same day referred to in that paragraph, the foreign national holds a work permit or study permit.

• Marginal note:Exception

  (2) Paragraph (1)(d) does not apply to an electronic travel authorization that is issued in respect of a machine-readable passport that contains a contactless integrated circuit chip and that is issued by Romania.

Marginal note:Ineligibility

12.06 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).

Marginal note:Cancellation

12.07 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.

DIVISION 2.1Collection and Verification of Biometric Information

Marginal note:Collection — claims, applications, and requests

12.1 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.

Marginal note:Non-application — persons

• 12.2 (1) Section 10.01 of the Act does not apply to

  • (a) a person who is under the age of 14;

  • (b) a person who is over the age of 79, unless that person makes a claim in Canada for refugee protection;

  • (c) a person who makes an application or request referred to in any of paragraphs 12.1(e) to (i) if they are

    • (i) Her Majesty in right of Canada and any member of the Royal Family, or

    • (ii) a national of the United States;

  • (d) a person who makes an application referred to in paragraph 12.1(h) or (i) if they are

    • (i) in Canada and have made a claim for refugee protection that has not yet been determined by the Refugee Protection Division,

    • (ii) in Canada and have had refugee protection conferred on them, or

    • (iii) a member of the Convention refugees abroad class or a member of a humanitarian-protected persons abroad class;

  • (e) a person who is a head of state or head of government who makes an application or request referred to in any of paragraphs 12.1(d) to (i);

  • (f) a person who seeks to enter Canada in the course of official duties as a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member;

  • (g) a person who is a family member of a person referred to in paragraph (f);

  • (h) a person who holds a valid United States entry visa, is destined to or returning from that country and seeks to enter Canada for a period of less than 48 hours and who

    • (i) is travelling by transporter’s vehicle to a destination other than Canada, or

    • (ii) is transiting through or stopping over in Canada for refuelling or for the continuation of their journey in another vehicle of a transporter;

  • (i) a foreign national referred to in paragraph 7(2)(a) who makes an application for temporary resident status as a member of the visitor class; or

  • (j) a foreign national referred to in subsection 7.01(1) who is the holder of an electronic travel authorization and makes an application for temporary resident status as a member of the visitor class.

• Marginal note:Determination of age

  (2) For the purpose of subsection (1), the age of a person shall be determined as of the date on which the application, claim or request is made.

• (3) [Repealed, SOR/2018-128, s. 3]