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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 6Permanent Resident Visa (continued)

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]

 [Repealed, SOR/2017-56, s. 1]

DIVISION 9Application to Renounce Permanent Resident Status

Marginal note:Separate application

 Despite subsection 10(3), a separate application must be made for each family member that would like to renounce their permanent resident status.

  • SOR/2014-269, s. 2

Marginal note:Application — conditions

 An officer may approve a person’s application to renounce their permanent resident status if

  • (a) the person has provided evidence of their citizenship, nationality or permanent legal resident status in another country; and

  • (b) in the case of an application in respect of a person who is less than 18 years of age, the application is signed by every person who has custody of that person or who is empowered to act on their behalf by virtue of a court order or written agreement or by operation of law, unless otherwise ordered by a court.

  • SOR/2014-269, s. 2

Marginal note:Sponsorship application suspended

 If a permanent resident makes an application to renounce their permanent resident status, any sponsorship application made by them is suspended until a decision is made on the application to renounce permanent residence.

  • SOR/2014-269, s. 2

PART 6Economic Classes

DIVISION 0.1General

Marginal note:Requirements — family member

 Subject to subsections 25.1(3) and (4) and for the purposes of this Part, to be considered a family member of an applicant, a person must be a family member of the applicant both at the time the application under Division 6 of Part 5 is made and at the time of the determination of the application.

  • SOR/2014-133, s. 5
  • SOR/2017-78, s. 5

DIVISION 1Skilled Workers

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in this Division.

    Canadian educational credential

    Canadian educational credential means any secondary school diploma or any post-secondary diploma, certificate or credential that is issued on the completion of a Canadian program of study or training at an educational or training institution that is recognized by the provincial authorities responsible for registering, accrediting, supervising and regulating such institutions. (diplôme canadien)

    educational credential

    educational credential[Repealed, SOR/2012-274, s. 3]

    equivalency assessment

    equivalency assessment means a determination, issued by an organization or institution designated under subsection 75(4), that a foreign diploma, certificate or credential is equivalent to a Canadian educational credential and an assessment, by the organization or institution, of the authenticity of the foreign diploma, certificate or credential. (attestation d’équivalence)

    former Regulations

    former Regulations has the same meaning as in subsection 316(1). (ancien règlement)

    full-time work

    full-time work means at least 30 hours of work over a period of one week. (travail à temps plein)

    language skill area

    language skill area means speaking, oral comprehension, reading or writing. (habileté langagière)

    restricted occupation

    restricted occupation means an occupation designated as a restricted occupation by the Minister, taking into account labour market activity on both an area and a national basis, following consultation with the Department of Employment and Social Development, provincial governments and any other relevant organizations or institutions. (profession d’accès limité)

  • Marginal note:Definition work

    (2) Despite the definition work in section 2, for the purposes of this Division, work means an activity for which wages are paid or commission is earned.

  • SOR/2003-383, s. 2
  • SOR/2008-254, s. 2
  • SOR/2010-172, s. 5
  • SOR/2010-195, s. 3(F)
  • SOR/2012-274, s. 3
  • 2013, c. 40, s. 237
  • SOR/2016-298, s. 2
 
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