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

Marginal note:Exception

• 24 (1) The exception set out in paragraph 38(2)(a) of the Act does not apply to a child who is not a dependent child of the sponsor.

• Marginal note:Prescribed family members

  (2) The following family members of a foreign national referred to in paragraph 38(2)(a) of the Act are prescribed for the purpose of paragraph 38(2)(d) of the Act:

  • (a) the dependent child of the sponsor’s spouse or common-law partner;

  • (b) the dependent child of the dependent child referred to in paragraph (a); and

  • (c) the dependent child of the sponsor’s dependent child.

• Marginal note:Exception

  (3) Paragraph 38(1)(c) of the Act does not apply to a foreign national who has been determined to be a member of the family class and is

  • (a) the conjugal partner of a sponsor;

  • (b) the dependent child of the conjugal partner referred to in paragraph (a);

  • (c) the dependent child of the dependent child referred to in paragraph (b); or

  • (d) a person referred to in paragraph 117(1)(g).

DIVISION 2Application for Declaration of Relief Under Subsection 42.1(1) of the Act

Marginal note:Application

• 24.1 (1) A foreign national may apply for a declaration of relief under subsection 42.1(1) of the Act if a decision has been made to refuse their application for permanent or temporary resident status, or a removal order has been issued against them, on the basis of a determination of inadmissibility under section 34, paragraph 35(1)(b) or subsection 37(1) of the Act.

• Marginal note:Judicial review

  (2) However, if the foreign national has filed an application for leave to commence an application for judicial review under subsection 72(1) of the Act with respect to a decision or removal order referred to in subsection (1), the foreign national may only make an application under subsection (1) after the earliest of the following:

  • (a) the Federal Court refuses the application for leave,

  • (b) if the application for leave is granted, the Federal Court refuses the application for judicial review and no question is certified for the Federal Court of Appeal,

  • (c) if a question is certified for the Federal Court of Appeal,

    • (i) an appeal to the Federal Court of Appeal is not filed within the time limit, or

    • (ii) the Federal Court of Appeal dismisses the appeal and an application to the Supreme Court of Canada for leave to appeal from that decision is not filed within the time limit,

  • (d) if an application is filed with the Supreme Court of Canada for leave to appeal,

    • (i) the application is refused,

    • (ii) the application is granted and an appeal is not filed within the time limit, or

    • (iii) the Supreme Court of Canada dismisses the appeal, and

  • (e) the foreign national discontinues their application for leave to commence an application for judicial review, application for judicial review, appeal to the Federal Court of Appeal, application to the Supreme Court of Canada for leave to appeal or appeal to the Supreme Court of Canada, as the case may be.

Marginal note:Required information

• 24.2 (1) An application under subsection 42.1(1) of the Act must include the following information in respect of the applicant:

  • (a) their place of birth, gender and marital status and the names of any former spouses or common-law partners;

  • (b) their telephone number and email address, if any;

  • (c) their former countries of citizenship or former countries of nationality;

  • (d) their education, including the name and address of all elementary and secondary schools and post-secondary, technical and vocational institutions attended and the start and end dates for the periods during which they attended each school or institution;

  • (e) their work history, including volunteer work, from the age of 16 years, including start and end dates for each period of work, their job title and job description and the employer’s name and address;

  • (f) their international travel history from the age of 16 years, including a list of the countries visited, the purpose of the visits, the dates and duration of the visits and any immigration status sought from or granted by any country visited; and

  • (g) the provision of the Act under which they were determined to be inadmissible — section 34, paragraph 35(1)(b) or subsection 37(1) — as well as the date on which and the city and country in which the determination was made and whether the determination resulted in a decision or removal order referred to in subsection 24.1(1).

• Marginal note:Non-application of paragraphs 10(2)(b) and (c)

  (2) Paragraphs 10(2)(b) and (c) do not apply to an application under subsection 42.1(1) of the Act.

Marginal note:Return of application

24.3 If the requirements of sections 24.1 and 24.2 are not met, the application is not accepted for processing and the application and all documents submitted in support of it are returned to the applicant.

Marginal note:Closing of file

24.4 The processing of the application is discontinued and the applicant’s file is closed if

• (a) a notice has been sent to the applicant requiring that they confirm their intention to proceed with their application and the applicant fails to respond to the notice within 60 calendar days after the day on which it was sent;

• (b) the applicant has acquired permanent resident status;

• (c) the applicant withdraws their application in writing; or

• (d) the applicant has, since making their application, filed an application for leave to commence an application for judicial review under subsection 72(1) of the Act with respect to a decision or removal order referred to in subsection 24.1(1).

Marginal note:Change in information

24.5 The applicant must notify the Minister without delay of any change in their address, telephone number or email address and, if the applicant is represented, the address, telephone number, fax number or email address of their representative.

PART 4Procedures

DIVISION 0.1Expiry Date

Marginal note:Limitation

• 24.6 (1) The expiry date of any work permit, study permit — including any renewal of them — temporary resident permit having an expiry date, temporary resident visa, or document that indicates the temporary resident status of a person who is a member of the visitor class, issued to a person who is required to provide their biometric information under section 10.01 of the Act, must not be later than 10 years after the latest day on which the person provided their biometric information under section 10.01 of the Act.

• Marginal note:Determination of latest day

  (2) The latest day on which the person provided their biometric information is determined at the time of the issuance of the permit, visa or other document.

DIVISION 1Visa Issuance

Marginal note:When unenforced removal order

25 A visa shall not be issued to a foreign national who is subject to an unenforced removal order.

Marginal note:General rule — one-step process

• 25.1 (1) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is a member of any of the classes set out in these Regulations, other than in those cases referred to in subsections (2) to (9), and who makes an application under Division 5, 6 or 7 of Part 5 is the date on which the application is made.

• Marginal note:Certificat de sélection — distressful situation

  (2) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is referred to in section 71, to whom a Certificat de sélection du Québec has been issued declaring that that person is in a particularly distressful situation and who makes an application under Division 6 of Part 5 is the date on which the application for selection was made to Quebec.

• Marginal note:Quebec economic candidate

  (3) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is referred to in section 86, 90, 97 or 101, to whom a Certificat de sélection du Québec has been issued and who makes an application under Division 6 of Part 5 is the date on which the application for selection was made to Quebec.

• Marginal note:Provincial nominee

  (4) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is a member of the provincial nominee class, who is nominated by the province and who makes an application under Division 6 of Part 5 is the date on which the application for nomination was made to the province.

• Marginal note:Atlantic economic candidate

  (5) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is a member of the Atlantic immigration class and who makes an application under Division 6 of Part 5 is the date on which the application for endorsement was made to the province.

• Marginal note:Sponsorship — refugee

  (6) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is referred to in paragraph 139(1)(h), who makes an application under Division 6 of Part 5 and in respect of whom an undertaking application is made by a sponsor who meets the requirements of sponsorship set out in section 158 is the date on which the undertaking application was made to Quebec.

• Marginal note:Refugee

  (7) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who submits an application for a permanent resident visa under Division 1 of Part 8 along with one of the referrals set out in section 140.3 is the date on which the referral was made.

• Marginal note:Family member who does not accompany applicant

  (8) For the purposes of determining whether a child who submits an application under paragraph 141(1)(b) is the dependent child of a person who has submitted an application under paragraph 139(1)(b), the lock-in date for the age of that child is the date on which that person submitted the application.

• Marginal note:Refugee protection

  (9) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who has submitted a claim for refugee protection inside Canada under subsection 99(3) of the Act, who has acquired protected person status and who has made an application for permanent residence is the date on which the claim for refugee protection was made.

DIVISION 1.1Issuance of Electronic Travel Authorization

Marginal note:Electronic travel authorization not to be issued

25.2 An electronic travel authorization shall not be issued to a foreign national who is subject to an unenforced removal order.

DIVISION 2Authorization to Enter Canada

Marginal note:Designation of ports of entry

26 The Minister may, on the basis of the following factors, designate a place as a port of entry as well as the port of entry’s dates and hours of operation:

• (a) the frequency or anticipated frequency of persons arriving from abroad in the area under consideration;

• (b) the need for the services of the Canada Border Services Agency in that area;

• (c) the operational requirements of commercial transporters;

• (d) administrative arrangements with other departments or agencies of the Government of Canada;

• (e) the operational capacity of the Canada Border Services Agency; and

• (f) any order or regulation made by the Governor in Council under the Emergencies Act or the Quarantine Act that prohibits the entry of certain persons into Canada.

Marginal note:Services at port of entry

26.1 The Minister may, on the basis of the factors set out in section 26, specify whether the services provided at a port of entry include the following:

• (a) the collection of biometric information under section 12.3;

• (b) the reception of a permanent resident visa that a foreign national presents, under section 71.1, in order to become a permanent resident;

• (c) the reception of an application for an extension of an authorization to remain in Canada as a temporary resident under section 181;

• (d) the reception of an application for the restoration of temporary resident status under section 182;

• (e) the reception of an application for a work permit under subsection 198(1);

• (f) the reception of an application for the renewal of a work permit under section 201;

• (g) the reception of an application for a study permit under section 214; and

• (h) the reception of an application for the renewal of a study permit under section 217.

Marginal note:Obligation on entry

• 27 (1) Unless these Regulations provide otherwise, for the purpose of the examination required by subsection 18(1) of the Act, a person must appear without delay before an officer at a port of entry.

• Marginal note:Seeking entry at a place other than a port of entry

  (2) Unless these Regulations provide otherwise, a person who seeks to enter Canada at a place other than a port of entry must appear without delay for examination at the port of entry that is nearest to that place.

• Marginal note:Refused entry elsewhere

  (3) For the purposes of section 18 of the Act, every person who has been returned to Canada as a result of the refusal of another country to allow that person entry is a person seeking to enter Canada.

DIVISION 3Conduct of Examination

General

Marginal note:Examination

28 For the purposes of subsection 15(1) of the Act, a person makes an application in accordance with the Act by

• (a) submitting an application in writing;

• (b) seeking to enter Canada;

• (c) seeking to transit through Canada as provided in section 35; or

• (d) making a claim for refugee protection.