Immigration and Refugee Protection Act

Marginal note:Application before entering Canada

• 11 (1) A foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.

• Marginal note:Restriction

  (1.1) A designated foreign national may not make an application for permanent residence under subsection (1)

  • (a) if they have made a claim for refugee protection but have not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

  • (b) if they have made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

  • (c) in any other case, until five years after the day on which they become a designated foreign national.

• Marginal note:Suspension of application

  (1.2) The processing of an application for permanent residence under subsection (1) of a foreign national who, after the application is made, becomes a designated foreign national is suspended

  • (a) if the foreign national has made a claim for refugee protection but has not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

  • (b) if the foreign national has made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

  • (c) in any other case, until five years after the day on which the foreign national becomes a designated foreign national.

• Marginal note:Refusal to consider application

  (1.3) The officer may refuse to consider an application for permanent residence made under subsection (1) if

  • (a) the designated foreign national fails, without reasonable excuse, to comply with any condition imposed on them under subsection 58(4) or section 58.1 or any requirement imposed on them under section 98.1; and

  • (b) less than 12 months have passed since the end of the applicable period referred to in subsection (1.1) or (1.2).

• Marginal note:If sponsor does not meet requirements

  (2) The officer may not issue a visa or other document to a foreign national whose sponsor does not meet the sponsorship requirements of this Act.