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

Regulations are current to 2017-11-20 and last amended on 2017-10-24. Previous Versions

Marginal note:Requirements — family member

 Subject to subsection 25.1(1), to be considered a family member of the applicant, a person shall be a family member of an applicant both at the time the application under section 66 is made and at the time of the determination of the application.

  • SOR/2014-133, s. 4.

DIVISION 6Permanent Resident Visa

Marginal note:Issuance
  •  (1) An officer shall issue a permanent resident visa to a foreign national if, following an examination, it is established that

    • (a) the foreign national has applied in accordance with these Regulations for a permanent resident visa as a member of a class referred to in subsection (2);

    • (b) the foreign national is coming to Canada to establish permanent residence;

    • (c) the foreign national is a member of that class;

    • (d) the foreign national meets the selection criteria and other requirements applicable to that class; and

    • (e) the foreign national and their family members, whether accompanying or not, are not inadmissible.

  • Marginal note:Classes

    (2) The classes are

    • (a) the family class;

    • (b) the economic class, consisting of the federal skilled worker class, the transitional federal skilled worker class, the Quebec skilled worker class, the provincial nominee class, the Canadian experience class, the federal skilled trades class, the Quebec investor class, the Quebec entrepreneur class, the self-employed persons class and the Quebec self-employed persons class; and

    • (c) the Convention refugees abroad class and the country of asylum class.

  • Marginal note:Criteria in the Province of Quebec

    (3) For the purposes of paragraph (1)(d), the selection criterion for a foreign national who intends to reside in the Province of Quebec as a permanent resident and is not a member of the family class is met by evidence that the competent authority of that Province is of the opinion that the foreign national complies with the provincial selection criteria.

  • Marginal note:Accompanying family members

    (4) A foreign national who is an accompanying family member of a foreign national who is issued a permanent resident visa shall be issued a permanent resident visa if, following an examination, it is established that

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

    • (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, the competent authority of that Province is of the opinion that the family member complies with the provincial selection criteria.

  • Marginal note:Family member

    (5) If a permanent resident visa is not issued to a child as an accompanying family member of a foreign national or the foreign national’s spouse or common-law partner, a permanent resident visa shall not be issued to a child of that child as an accompanying family member of the foreign national.

  • SOR/2003-383, s. 1;
  • SOR/2008-254, s. 1;
  • SOR/2011-222, s. 1;
  • SOR/2012-274, s. 2;
  • SOR/2016-316, s. 2.
Marginal note:Issuance — particular Quebec selection cases

 An officer shall issue a permanent resident visa to a foreign national outside Canada who intends to reside in the Province of Quebec as a permanent resident and does not satisfy the requirements of paragraphs 70(1)(a), (c) and (d) if, following an examination, it is established that

  • (a) the foreign national has applied for a permanent resident visa in accordance with these Regulations, other than paragraph 10(2)(c);

  • (b) the foreign national may not be issued a permanent resident visa under subsection 176(2) and is not a member of any class of persons prescribed by these Regulations who may become permanent residents or be issued permanent resident visas;

  • (c) the foreign national is named in a Certificat de sélection du Québec issued by that Province indicating that the foreign national, under the regulations made under An Act respecting immigration to Québec, R.S.Q., c. I-0.2, as amended from time to time, is a foreign national in a particularly distressful situation; and

  • (d) the foreign national and their family members, whether accompanying or not, are not inadmissible.

  • SOR/2004-167, s. 24(F).

DIVISION 7Becoming a Permanent Resident

Marginal note:Foreign nationals outside Canada
  •  (1) A foreign national who is a member of a class referred to in subsection 70(2) and is outside Canada must, to become a permanent resident, present their permanent resident visa to an officer at a port of entry.

  • Marginal note:Foreign nationals in Canada as temporary residents

    (2) A foreign national who is a member of a class referred to in paragraph 70(2)(a) or (b) and who is a temporary resident in Canada must, to become a permanent resident, present their permanent resident visa to an officer at a port of entry or at an office of the Department in Canada.

  • SOR/2008-253, s. 3.
Marginal note:Obtaining status
  •  (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.

  • SOR/2004-167, s. 26;
  • SOR/2008-253, s. 5;
  • SOR/2012-154, s. 6;
  • SOR/2017-78, s. 4.

DIVISION 8[Repealed, SOR/2017-56, s. 1]

 [Repealed, SOR/2017-56, s. 1]

 [Repealed, SOR/2017-56, s. 1]

 [Repealed, SOR/2017-56, s. 1]

 
Date modified: