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

297 [Repealed, SOR/2014-19, s. 3]

Temporary Resident Permits

Marginal note:Fee — $200

• 298 (1) A fee of $200 is payable for processing an application for a temporary resident permit.

• Marginal note:Exception

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

  • (a) a person referred to in subsection 295(2) or any of paragraphs 296(2)(c) and (d), 299(2)(a), (b), (d) to (f) and (h) to (k) and 300(2)(f) to (i);

  • (a.1) 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, the members of the suite of such a person and the family members of such a person;

  • (a.2) a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of that visiting force under paragraph 4(c) of that Act, and their family members;

  • (a.3) a person whose work in Canada would create or maintain reciprocal employment for Canadian citizens or permanent residents of Canada in other countries and who is a family member of a person referred to in subparagraph 299(2)(g)(iii);

  • (b) a person in respect of whom an application for a permanent resident visa, an application to remain in Canada as a permanent resident, or an application under subsection 25(1) of the Act is pending, or in respect of whom a decision under subsection 25.1(1) or 25.2(1) of the Act is pending;

  • (c) a citizen of Costa Rica seeking to enter and remain in Canada during the period beginning on May 11, 2004 and ending on May 12, 2004, if the person does not hold a temporary resident visa but is not otherwise inadmissible;

  • (d) a person who is seeking to enter Canada

    • (i) for the purpose of attending a meeting hosted by the Government of Canada, an organization of the United Nations or the Organization of American States, as a participant,

    • (ii) for the purpose of attending a meeting as a representative of the Organization of American States or the Caribbean Development Bank, or

    • (iii) for the purpose of attending a meeting hosted by the Government of Canada, an organization of the United Nations or the Organization of American States, at the invitation of the Government of Canada; and

  • (e) a person who, while they are in transit to Canada, ceases to be exempt under paragraph 190(1)(a) from the requirement for a temporary resident visa, if, during the first 48 hours after they cease to be exempt from that requirement, they seek to enter and remain in Canada and are inadmissible to Canada for the sole reason that they do not have a temporary resident visa.

Work Permits

Marginal note:Fee — $155

• 299 (1) A fee of $155 is payable for processing an application for a work permit.

• Marginal note:Exception

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

  • (a) a person in Canada who has made a refugee claim that has not yet been determined by the Refugee Protection Division, and their family members;

  • (b) a person in Canada on whom refugee protection has been conferred, and their family members;

  • (c) a person who is a member of the Convention refugees abroad class or a member of a humanitarian-protected persons abroad class, and their family members;

  • (d) a person who holds a study permit and is temporarily destitute, as described in paragraph 208(a);

  • (e) a person whose work in Canada is designated under subparagraph 205(c)(i);

  • (f) a person who works in Canada for a Canadian religious or charitable organization, without remuneration;

  • (g) a person whose work in Canada would create or maintain reciprocal employment for Canadian citizens or permanent residents of Canada in other countries and who is a family member of

    • (i) 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,

    • (ii) a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of that visiting force under paragraph 4(c) of that Act, or

    • (iii) an officer of a foreign government sent, under an exchange agreement between Canada and one or more countries, to take up duties with a federal or provincial agency;

  • (h) a person who works in Canada under an agreement entered into with a country by Canada or by or on behalf of a province, that provides for reciprocal employment opportunities of an artistic, cultural or educational nature;

  • (i) a person whose work in Canada is pursuant to an international student or young workers reciprocal employment program;

  • (j) a person who works in Canada as an officer of the United States Immigration and Naturalization Service or of United States Customs carrying out pre-inspection duties, as an American member of the International Joint Commission or as a United States grain inspector, and their family members;

  • (k) a United States Government official in possession of an official United States passport who is assigned to a temporary posting in Canada, and their family members; and

  • (l) a person described in section 207.1.

• Marginal note:Maximum fee — group

  (3) The total amount of fees payable under subsection (1) by a group of three or more persons consisting of performing artists and their staff who apply together and at the same time for a work permit is $465.

Study Permits

Marginal note:Fee — $150

• 300 (1) A fee of $150 is payable for processing an application for a study permit.

• Marginal note:Exception

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

  • (a) a person in Canada who has made a refugee claim that has not yet been determined by the Refugee Protection Division, and their family members;

  • (b) a person in Canada on whom refugee protection has been conferred, and their family members;

  • (c) a person who is a member of the Convention refugees abroad class or a humanitarian-protected persons abroad class, and their family members;

  • (d) 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, the members of the suite of such a person and the family members of such a person;

  • (e) a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of that visiting force under paragraph 4(c) of that Act, and their family members;

  • (f) a person who holds a study permit and is temporarily destitute, as described in paragraph 208(a);

  • (g) a person whose study in Canada is under an agreement or arrangement between Canada and another country that provides for reciprocity of student exchange programs;

  • (h) a person who works in Canada as an officer of the United States Immigration and Naturalization Service or of United States Customs carrying out pre-inspection duties, as an American member of the International Joint Commission or as a United States grain inspector, and their family members; and

  • (i) a United States Government official in possession of an official United States passport who is assigned to a temporary posting in Canada, and their family members.

DIVISION 3Fees for Applications to Remain in Canada as a Permanent Resident

Marginal note:Fee

• 301 (1) The following fees are payable for processing an application to remain in Canada as a permanent resident:

  • (a) if the application is made by a person as a member of the spouse or common-law partner in Canada class

    • (i) in respect of a principal applicant, $475,

    • (ii) in respect of a family member of the principal applicant who is a spouse or common-law partner, $550, and

    • (iii) in respect of a family member of the principal applicant who is a dependent child, $150; and

  • (b) if the application is made by a person as a protected person referred to in subsection 21(2) of the Act

    • (i) in respect of a principal applicant, $550,

    • (ii) in respect of a family member of the principal applicant who is a spouse or common-law partner, $550, and

    • (iii) in respect of a family member of the principal applicant who is a dependent child, $150.

• Marginal note:Exception

  (1.1) A person who is a member of the protected temporary residents class and the family members included in their application are not required to pay the fees referred to in subsection (1).

• Marginal note:Payment by sponsor

  (2) The fee payable under subsection (1) in respect of a person who makes an application as a member of the spouse or common-law partner in Canada class or their family members

  • (a) is payable, together with the fee payable under subsection 304(1), at the time the sponsor files the sponsorship application; and

  • (b) shall be repaid in accordance with regulations referred to in subsection 20(2) of the Financial Administration Act if, before the processing of the application to remain in Canada as a permanent resident has begun, the sponsorship application is withdrawn by the sponsor.

• Marginal note:Age

  (3) For the purposes of paragraph (1)(a), the age of the person in respect of whom the application is made shall be determined as of the day the sponsorship application is filed.

Marginal note:Fee — $325

302 A fee of $325 is payable for processing an application by a person as a member of the permit holder class to remain in Canada as a permanent resident.

DIVISION 4Right of Permanent Residence

Marginal note:Fee — $500

• 303 (1) A fee of $500 is payable by a person for the acquisition of permanent resident status.

• Marginal note:Indexation

  (1.1) The fee set out in subsection (1) shall be indexed at 09:00:00 a.m. Eastern daylight time on April 30, 2022, and every two years after that on April 30 at that same time, in accordance with the cumulative percentage increase to the Consumer Price Index for Canada, published by Statistics Canada, for the two previous years, rounded to the nearest five dollars.

• 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).

DIVISION 4.1Other Fees in Respect of Work Permits

Compliance Regime — Employer Fee

Marginal note:Fee — $230

• 303.1 (1) A fee of $230 is payable by an employer who has made an offer of employment to

  • (a) a foreign national in respect of work described in section 204 or 205;

  • (b) a foreign national described in section 207; or

  • (c) a foreign national referred to in paragraph (a) or (b) who makes an application for renewal of a work permit.

• Marginal note:Payment of fees

  (2) The fee referred to in subsection (1) is payable before the foreign national to whom the offer of employment is made makes an application for a work permit or an application for renewal of the work permit.

• (3) [Repealed, SOR/2019-174, s. 15]

• (4) [Repealed, SOR/2019-174, s. 15]

• Marginal note:Exception

  (4.1) An employer who is exempt from the application of sections 209.11 and 209.2 under section 209.91 is not required to pay the fee referred to in subsection (1).

• Marginal note:Exception

  (5) An employer is not required to pay the fee referred to in subsection (1) if the offer of employment is made to a foreign national — other than a person referred to in paragraph 299(2)(i) — who under subsection 299(2) is not required to pay a fee for processing an application for a work permit.

• Marginal note:Remission

  (6) The fee referred to in subsection (1) is remitted, and must be repaid by the Minister to the person who paid it, if

  • (a) the work permit is refused; or

  • (b) the employer withdraws the offer of employment and requests a remission before the work permit is issued.

• Marginal note:Maximum fee

  (7) The total amount of fees payable under subsection (1) by an employer who has made offers of employment to a group of three or more foreign nationals, consisting of performing artists and their staff, is $690, if those offers are made at the same time.