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

Regulations are current to 2019-06-20 and last amended on 2019-06-17. Previous Versions

PART 5Permanent Residents (continued)

DIVISION 1Permanent Resident Cards (continued)

Marginal note:Period of validity

  •  (1) Subject to subsection (2), a permanent resident card is valid for five years from the date of issue.

  • Marginal note:Exception

    (2) A permanent resident card is valid for one year from the date of issue if, at the time of issue, the permanent resident

    • (a) is subject to the process set out in paragraph 46(1)(b) of the Act;

    • (b) is the subject of a report prepared under subsection 44(1) of the Act;

    • (c) is subject to a removal order made by the Minister under subsection 44(2) of the Act and the period for filing an appeal from the decision has not expired or, if an appeal is filed, there has been no final determination of the appeal; or

    • (d) is the subject of a report referred to the Immigration Division under subsection 44(2) of the Act and the period for filing an appeal from the decision of the Immigration Division has not expired or, if an appeal is filed, there has been no final determination of the appeal.

Marginal note:Delivery

 A permanent resident card shall only be provided or issued in Canada.

  •  (1) [Repealed, SOR/2008-188, s. 1]

  • Marginal note:Application for a card

    (2) An application for a permanent resident card must be made in Canada and include

    • (a) an application form that contains the following information, namely,

      • (i) the applicant’s name and date and place of birth,

      • (ii) the applicant’s gender, height and eye colour,

      • (iii) the date on which and the place where the applicant became a permanent resident,

      • (iv) the applicant’s mailing address,

      • (v) the addresses of all of the applicant’s places of residence during the previous five years,

      • (vi) the names and addresses of the applicant’s employers and educational institutions attended, during the previous five years,

      • (vii) the periods during the previous five years that the applicant was absent from Canada,

      • (viii) [Repealed, SOR/2008-188, s. 1]

      • (ix) whether a report under subsection 44(1) of the Act has been made in respect of the applicant or whether a decision was made outside of Canada that they have failed to comply with the residency obligation under section 28 of the Act, and

      • (x) whether the applicant has lost their permanent resident status or has been issued a removal order;

    • (b) [Repealed, SOR/2008-188, s. 1]

    • (c) a copy of

      • (i) any document described in paragraphs 50(1)(a) to (h) — or, if the applicant does not hold one of those documents, any document described in paragraphs 178(1)(a) and (b) — that is currently held by the applicant or was held by the applicant at the time they became a permanent resident,

      • (ii) a certificate of identity issued in Canada to the applicant by the Minister, or

      • (iii) refugee travel papers issued in Canada to the applicant by the Minister;

    • (d) a copy of

      • (i) the form IMM1000, entitled “Record of Landing”, held by the applicant,

      • (ii) a provincial driver’s license held by the applicant,

      • (iii) a photo-identity card held by the applicant and issued by a province,

      • (iv) a student card held by the applicant and issued by a provincially accredited college or university, or

      • (v) the most recent notice of assessment within the meaning of the Income Tax Act received in relation to the applicant’s income tax return; and

    • (e) two identical photographs that

      • (i) were taken not more than 12 months before the application was made,

      • (ii) [Repealed, SOR/2008-188, s. 1]

      • (iii) are in black and white or colour on paper,

      • (iv) show a full front view of the applicant’s head and shoulders and have a white background,

      • (v) have a view of the applicant’s head that is at least 25 mm (one inch) and at most 35 mm (1.375 inches) in length,

      • (vi) show the applicant’s face unobscured by sunglasses or any other object, and

      • (vii) have a dimension of 35 mm (1.375 inches) by 45 mm (1.75 inches).

  • (3) [Repealed, SOR/2008-188, s. 1]

  • SOR/2004-167, s. 16
  • SOR/2008-188, s. 1
  • SOR/2015-46, s. 1

Marginal note:Applicants

  •  (1) Subject to subsection (3), every person who applies for a permanent resident card must make and sign the application on their own behalf.

  • Marginal note:Minor applicants 14 years of age or more

    (2) The application of a child who is 14 years of age or more but less than 18 years of age must be signed by the applicant and one of their parents unless

    • (a) a Canadian court has made another person responsible for the child, in which case that person must co-sign the application; or

    • (b) the parents are deceased, in which case the person legally responsible for the child must co-sign the application.

  • Marginal note:Minor applicants less than 14 years of age

    (3) The application of a child who is less than 14 years of age must be signed by one of their parents unless

    • (a) a Canadian court has made another person responsible for the child, in which case that person must sign the application; or

    • (b) the parents are deceased, in which case the person legally responsible for the child must sign the application.

Marginal note:Providing address within 180 days

  •  (1) In order to allow the Department to provide a permanent resident card, a permanent resident referred to in paragraph 53(1)(a) must provide to the Department, within 180 days after the day on which they become a permanent resident, their address in Canada and, on the request of an officer,

    • (a) a photograph of the permanent resident that satisfies the requirements of subparagraphs 56(2)(e)(i) and (iii) to (vii); and

    • (b) the signature of the permanent resident or, if the permanent resident is a child less than 14 years of age, the signature of one of their parents unless

      • (i) a Canadian court has made another person responsible for the child, in which case the signature of that person must be provided, or

      • (ii) the parents are deceased, in which case the signature of the person legally responsible for the child must be provided.

  • Marginal note:Issuance after 180 days

    (2) If the permanent resident does not comply with subsection (1), they must make an application for a permanent resident card in accordance with section 56.

  • Marginal note:Attendance required

    (3) A permanent resident who applies for a permanent resident card under section 56 must, in order to be provided with the card, attend at the time and place specified in a notice mailed by the Department. If the permanent resident fails to attend within 180 days after the Department first mails a notice, the card shall be destroyed and the applicant must make a new application in order to be issued a permanent resident card.

  • Marginal note:Document verification

    (4) When attending in accordance with subsection (3), a permanent resident must produce the original documents copies of which were included in their application as required by paragraphs 56(2)(c) and (d).

  • SOR/2004-167, s. 17
  • SOR/2014-139, s. 2
 
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