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

Regulations are current to 2013-04-29

Marginal note:New relationship

 For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the foreign national has begun a new conjugal relationship with that person after a previous marriage, common-law partnership or conjugal partnership with that person was dissolved primarily so that the foreign national, another foreign national or the sponsor could acquire any status or privilege under the Act.

  • SOR/2004-167, s. 4.
Marginal note:Excluded relationships

 For the purposes of these Regulations, a foreign national shall not be considered

  • (a) the spouse or common-law partner of a person if the foreign national is under the age of 16 years; or

  • (b) the spouse of a person if

    • (i) the foreign national or the person was, at the time of their marriage, the spouse of another person, or

    • (ii) the person has lived separate and apart from the foreign national for at least one year and is the common-law partner of another person.

PART 2

GENERAL REQUIREMENTS

Division 1

Documents Required Before Entry

Marginal note:Permanent resident

 A foreign national may not enter Canada to remain on a permanent basis without first obtaining a permanent resident visa.

Marginal note:Temporary resident
  •  (1) A foreign national may not enter Canada to remain on a temporary basis without first obtaining a temporary resident visa.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a foreign national who

    • (a) is exempted under Division 5 of Part 9 from the requirement to have a temporary resident visa;

    • (b) holds a temporary resident permit issued under subsection 24(1) of the Act; or

    • (c) is authorized under the Act or these Regulations to re-enter Canada to remain in Canada.

  • Marginal note:When certificat d'acceptation du Québec required

    (3) In addition to any visa required under this section, a foreign national who is seeking to enter and remain in Canada on a temporary basis to receive medical treatment in the Province of Quebec must hold a certificat d'acceptation du Québec if the laws of that Province require the foreign national to hold that document.

Marginal note:Work permit
  •  (1) A foreign national may not enter Canada to work without first obtaining a work permit.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a foreign national who is authorized under section 186 to work in Canada without a work permit.

Marginal note:Study permit
  •  (1) A foreign national may not enter Canada to study without first obtaining a study permit.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a foreign national who is authorized under section 188 or 189 to study in Canada without a study permit.