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

Regulations are current to 2022-07-25 and last amended on 2022-06-21. Previous Versions

PART 5Permanent Residents (continued)

DIVISION 1Permanent Resident Cards (continued)

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

Marginal note:Issuance of new permanent resident card

  •  (1) An officer shall, on application, issue a new permanent resident card if

    • (a) the applicant has not lost permanent resident status under subsection 46(1) of the Act;

    • (b) the applicant has not been convicted under section 123 or 126 of the Act for an offence related to the misuse of a permanent resident card, unless a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act;

    • (c) the applicant complies with the requirements of sections 56 and 57 and subsection 58(4);

    • (c.1) in the case of an applicant referred to in paragraph 12.1(m) who is 14 years of age or older, the applicant has provided their biometric information in support of their application; and

    • (d) the applicant returns their last permanent resident card, unless the card has been lost, stolen or destroyed, in which case the applicant must produce all relevant evidence in accordance with subsection 16(1) of the Act.

  • Marginal note:Issuance of new permanent resident card — effect

    (2) A previously issued permanent resident card is revoked on the issuance of a new permanent resident card.

  • SOR/2004-167, s. 18
  • SOR/2018-128, s. 5

Marginal note:Revocation

 A permanent resident card is revoked if

  • (a) the permanent resident becomes a Canadian citizen or otherwise loses permanent resident status;

  • (b) the permanent resident card is lost, stolen or destroyed; or

  • (c) the permanent resident is deceased.

DIVISION 1.1Collection and Disclosure of Information

Marginal note:Collection of social insurance number

  •  (1) The Minister may collect the social insurance number of a permanent resident card applicant or a travel document applicant to verify that the applicant has complied with the obligation set out in section 28 of the Act.

  • Marginal note:Disclosure of social insurance number

    (2) The Minister may disclose the social insurance number of the applicant to the Canada Revenue Agency for the purpose set out in subsection (1) if the Minister has entered into an arrangement with the Agency for the disclosure of that information.

  • SOR/2015-138, s. 1

DIVISION 2Residency Obligation

Marginal note:Canadian business

  •  (1) Subject to subsection (2), for the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act and of this section, a Canadian business is

    • (a) a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada;

    • (b) an enterprise, other than a corporation described in paragraph (a), that has an ongoing operation in Canada and

      • (i) that is capable of generating revenue and is carried on in anticipation of profit, and

      • (ii) in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined in this subsection; or

    • (c) an organization or enterprise created under the laws of Canada or a province.

  • Marginal note:Exclusion

    (2) For greater certainty, a Canadian business does not include a business that serves primarily to allow a permanent resident to comply with their residency obligation while residing outside Canada.

  • Marginal note:Employment outside Canada

    (3) For the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act, the expression employed on a full-time basis by a Canadian business or in the public service of Canada or of a province means, in relation to a permanent resident, that the permanent resident is an employee of, or under contract to provide services to, a Canadian business or the public service of Canada or of a province, and is assigned on a full-time basis as a term of the employment or contract to

    • (a) a position outside Canada;

    • (b) an affiliated enterprise outside Canada; or

    • (c) a client of the Canadian business or the public service outside Canada.

  • Marginal note:Accompanying outside Canada

    (4) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act and this section, a permanent resident is accompanying outside Canada a Canadian citizen or another permanent resident — who is their spouse or common-law partner or, in the case of a child, their parent — on each day that the permanent resident is ordinarily residing with the Canadian citizen or the other permanent resident.

  • Marginal note:Compliance

    (5) For the purposes of subparagraph 28(2)(a)(iv) of the Act, a permanent resident complies with the residency obligation as long as the permanent resident they are accompanying complies with their residency obligation.

  • Marginal note:Child

    (6) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act, child means a child who is not a spouse or common-law partner and is less than 22 years of age.

  • SOR/2009-290, s. 1(E)
  • SOR/2014-133, s. 3
  • SOR/2017-60, s. 2

Marginal note:Calculation — residency obligation

  •  (1) Subject to subsection (2), the calculation of days under paragraph 28(2)(a) of the Act in respect of a permanent resident does not include any day after

    • (a) a report is prepared under subsection 44(1) of the Act on the ground that the permanent resident has failed to comply with the residency obligation; or

    • (b) a decision is made outside of Canada that the permanent resident has failed to comply with the residency obligation.

  • Marginal note:Exception

    (2) If the permanent resident is subsequently determined to have complied with the residency obligation, subsection (1) does not apply.

  • SOR/2014-139, s. 3(F)

DIVISION 3Permit Holders

Marginal note:Period of permit’s validity

 A temporary resident permit is valid until any one of the following events occurs:

  • (a) the permit is cancelled under subsection 24(1) of the Act;

  • (b) the permit holder leaves Canada without obtaining prior authorization to re-enter Canada;

  • (c) the period of validity specified on the permit expires; or

  • (d) a period of three years elapses from its date of validity.

DIVISION 4Permit Holders Class

Marginal note:Permit holder class

 The permit holder class is prescribed as a class of foreign nationals who may become permanent residents on the basis of the requirements of this Division.

  • SOR/2004-167, s. 19(E)

Marginal note:Member of class

 A foreign national is a permit holder and a member of the permit holder class if

  • (a) they have been issued a temporary resident permit under subsection 24(1) of the Act;

  • (b) they have continuously resided in Canada as a permit holder for a period of

    • (i) at least three years, if they

      • (A) are inadmissible on health grounds under subsection 38(1) of the Act,

      • (B) are inadmissible under paragraph 42(1)(a) of the Act on grounds of an accompanying family member who is inadmissible under subsection 38(1) of the Act, or

      • (C) are inadmissible under paragraph 42(1)(b) of the Act on grounds of being an accompanying family member of a foreign national who is inadmissible

        • (I) under subsection 38(1) of the Act, or

        • (II) under paragraph 42(1)(a) of the Act on grounds of an accompanying family member who is inadmissible under subsection 38(1) of the Act,

    • (ii) at least five years, if they are inadmissible on any other grounds under the Act, except sections 34 and 35 and subsections 36(1) and 37(1) of the Act;

  • (c) they have not become inadmissible on any ground since the permit was issued; and

  • (d) in the case of a foreign national 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 foreign national meets the selection criteria of the Province.

  • SOR/2004-167, s. 20
  • SOR/2014-269, ss. 6, 7

Marginal note:Becoming a permanent resident

  •  (1) A foreign national in Canada who is a permit holder and a member of the permit holder class 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 that class;

    • (b) they are in Canada to establish permanent residence;

    • (c) they meet the selection criteria and other requirements applicable to that class;

    • (d) they hold

      • (i) subject to subsection (4), a document described in any of paragraphs 50(1)(a) to (h), and

      • (ii) 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 is not reasonably expected to cause excessive demand; and

    • (e) they and their family members, whether accompanying or not, are not inadmissible on any ground other than the grounds on which an officer, at the time the permit was issued, formed the opinion that the foreign national was inadmissible.

  • Marginal note:Criteria in the Province of Quebec

    (2) For the purposes of paragraph (1)(c), 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 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:Foreign nationals without a passport or other travel document

    (3) The following foreign nationals who are not holders of a document described in any of paragraphs 50(1)(a) to (h) may submit with their application a document described in paragraph 178(1)(a) or (b):

    • (a) a protected person within the meaning of subsection 95(2) of the Act;

    • (b) a person who was determined to be a Convention refugee seeking resettlement under the Immigration Regulations, 1978, as enacted by Order in Council P.C. 1978-486 dated February 23, 1978 and registered as SOR/78-172, if under the Act or section 69.2 of the former Act, within the meaning of section 187 of the Act,

      • (i) no determination has been made to vacate that determination, or

      • (ii) no determination has been made that the person ceased to be a Convention refugee; and

    • (c) a member of the country of asylum class or the source country class under the Humanitarian Designated Classes Regulations, as enacted by Order in Council P.C. 1997-477 dated April 8, 1997 and registered as SOR/97-183.

  • Marginal note:Alternative documents

    (4) A document submitted under subsection (3) shall be accepted in lieu of a document described in any of paragraphs 50(1)(a) to (h) if it satisfies the requirements of paragraphs 178(2)(a) or (b).

  • SOR/2004-167, s. 21
  • SOR/2012-154, s. 5

DIVISION 5Humanitarian and Compassionate Considerations

Marginal note:Request

 A request made by a foreign national under subsection 25(1) of the Act must be made as an application in writing accompanied by an application to remain in Canada as a permanent resident or, in the case of a foreign national outside Canada, an application for a permanent resident visa.

Marginal note:Applicant outside Canada

 If an exemption from paragraphs 70(1)(a), (c) and (d) is granted under subsection 25(1), 25.1(1) or 25.2(1) of the Act with respect to a foreign national outside Canada who has made the applications referred to in section 66, a permanent resident visa shall be issued to the foreign national if, following an examination, it is established that the foreign national meets the requirement set out in paragraph 70(1)(b) and

  • (a) in the case of a foreign national who intends to reside in the Province of Quebec and is not a member of the family class, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province;

  • (b) the foreign national is not otherwise inadmissible; and

  • (c) the family members of the foreign national, whether accompanying or not, are not inadmissible.

  • SOR/2004-167, s. 80(F)
  • SOR/2010-252, s. 3
 
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