Immigration and Refugee Protection Regulations

Marginal note:Member of class

65 A foreign national is a permit holder and a member of the permit holder class if

• (a) they have been issued a temporary resident permit under subsection 24(1) of the Act;

• (b) they have continuously resided in Canada as a permit holder for a period of

  • (i) at least three years, if they

    • (A) are inadmissible on health grounds under subsection 38(1) of the Act,

    • (B) are inadmissible under paragraph 42(1)(a) of the Act on grounds of an accompanying family member who is inadmissible under subsection 38(1) of the Act, or

    • (C) are inadmissible under paragraph 42(1)(b) of the Act on grounds of being an accompanying family member of a foreign national who is inadmissible

      • (I) under subsection 38(1) of the Act, or

      • (II) under paragraph 42(1)(a) of the Act on grounds of an accompanying family member who is inadmissible under subsection 38(1) of the Act,

  • (ii) at least five years, if they are inadmissible on any other grounds under the Act, except sections 34 to 35.1 and subsections 36(1) and 37(1) of the Act;

• (c) they have not become inadmissible on any ground since the permit was issued; and

• (d) in the case of a foreign national who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.