Immigration and Refugee Protection Regulations

Marginal note:Obtaining status

• 72 (1) A foreign national in Canada becomes a permanent resident if, following an examination, it is established that

  • (a) they have applied to remain in Canada as a permanent resident as a member of a class referred to in subsection (2);

  • (b) they are in Canada to establish permanent residence;

  • (c) they are a member of that class;

  • (d) they meet the selection criteria and other requirements applicable to that class;

  • (e) except in the case of a foreign national who has submitted a document accepted under subsection 178(2) or of a member of the protected temporary residents class,

    • (i) they and their family members, whether accompanying or not, are not inadmissible,

    • (ii) they hold a document described in any of paragraphs 50(1)(a) to (h), and

    • (iii) they hold a medical certificate — based on the most recent medical examination to which they were required to submit under paragraph 16(2)(b) of the Act and which took place within the previous 12 months — that indicates that their health condition is not likely to be a danger to public health or public safety and, unless subsection 38(2) of the Act applies, is not reasonably expected to cause excessive demand; and

  • (f) in the case of a member of the protected temporary residents class, they are not inadmissible.

• Marginal note:Classes

  (2) The classes are

  • (a) [Repealed, SOR/2017-78, s. 4]

  • (b) the spouse or common-law partner in Canada class; and

  • (c) the protected temporary residents class.

• Marginal note:Criteria in the Province of Quebec

  (3) For the purposes of paragraph (1)(d), the selection criterion applicable to a foreign national who intends to reside in the Province of Quebec as a permanent resident, and who is not a member of the family class or a person whom the Board has determined to be a Convention refugee, is met by evidence that the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

• Marginal note:Accompanying family members

  (4) A foreign national who is an accompanying family member of a foreign national who becomes a permanent resident under this section shall be issued a permanent resident visa or become a permanent resident, as the case may be, if following an examination it is established that

  • (a) the accompanying family member is not inadmissible;

  • (b) in the case of a family member 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 family member meets the selection criteria of the Province.