Immigration and Refugee Protection Regulations

Marginal note:General requirements

• 139 (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.