Marginal note:Return of documents
140.4 An application for a permanent resident visa made under this Division, its related sponsorship application made under Division 2 of this Part and all documents submitted in support of the applications shall be returned to the person who sent the applications as a result of the choice made under subsection 140.2(1) if
(a) in the case of an application for a permanent resident visa, the requirements set out in paragraph 139(1)(b) are not met; or
(b) in the case of a sponsorship application, the requirements set out in paragraph 153(1)(b) and subsections 153(1.2) and (2) are not met.
- SOR/2012-225, s. 5.
Marginal note:Non-accompanying family member
141. (1) A permanent resident visa shall be issued to a family member who does not accompany the applicant if, following an examination, it is established that
(a) the family member was included in the applicant’s permanent resident visa application at the time that application was made, or was added to that application before the applicant’s departure for Canada;
(b) the family member submits their application to an officer outside Canada within one year from the day on which refugee protection is conferred on the applicant;
(c) the family member is not inadmissible;
(d) the applicant’s sponsor under subparagraph 139(1)(f)(i) has been notified of the family member’s application and an officer is satisfied that there are adequate financial arrangements for resettlement; and
(e) in the case of a family member who intends to reside in the Province of Quebec, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.
Marginal note:Non-application of paragraph 139(1)(b)
(2) For greater certainty, the requirements set out in paragraph 139(1)(b) do not apply to the application of a non-accompanying family member.
- SOR/2004-167, s. 80(F);
- SOR/2012-225, s. 6.
Marginal note:Family members
142. For the purposes of this Division, to be considered a family member of an applicant, a person must be a family member of the applicant
(a) at the time the application referred to in paragraph 139(1)(b) was made; and
(b) at the time of the determination of the application referred to in paragraph 141(1)(b), without taking account of whether the person has attained 22 years of age.
- SOR/2012-225, s. 7.
Marginal note:Memorandum of understanding
143. (1) The Minister may enter into a memorandum of understanding with an organization for the purpose of locating and identifying Convention refugees and persons in similar circumstances if the organization demonstrates
(a) a working knowledge of the provisions of the Act relating to protection criteria; and
(b) an ability abroad to locate and identify Convention refugees and persons in similar circumstances.
Marginal note:Content of memorandum of understanding
(2) The memorandum of understanding shall include provisions with respect to
(a) the geographic area to be served by the organization;
(b) the number of referrals that may be made by the organization and the manner of referral;
(c) the training of members or employees of the organization; and
(d) the grounds for suspending or cancelling the memorandum of understanding.
- SOR/2004-167, s. 46(F);
- SOR/2009-163, s. 3(F).
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