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Requirements Before Entering Canada
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| Application
before
entering
Canada
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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 shall be
issued if, following an examination, the
officer is satisfied that the foreign national is
not inadmissible and meets the requirements
of this Act.
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| If sponsor
does not meet
requirements
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(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.
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Selection of Permanent Residents
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| Family
reunification
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12. (1) A foreign national may be selected
as a member of the family class on the basis of
their relationship as the spouse, common-law
partner, child, parent or other prescribed
family member of a Canadian citizen or
permanent resident.
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| Economic
immigration
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(2) A foreign national may be selected as a
member of the economic class on the basis of
their ability to become economically
established in Canada.
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| Refugees
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(3) A foreign national, inside or outside
Canada, may be selected as a person who
under this Act is a Convention refugee or as a
person in similar circumstances, taking into
account Canada's humanitarian tradition with
respect to the displaced and the persecuted.
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Sponsorship of Foreign Nationals
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| Right to
sponsor
family
member
|
13. (1) A Canadian citizen or permanent
resident may, subject to the regulations,
sponsor a foreign national who is a member of
the family class.
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| Group right to
sponsor
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(2) A group of Canadian citizens or
permanent residents, a corporation
incorporated under a law of Canada or of a
province, and an unincorporated organization
or association under federal or provincial law,
or any combination of them may, subject to the
regulations, sponsor a Convention refugee or
a person in similar circumstances.
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| Obligation
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(3) An undertaking relating to sponsorship
is binding on the person who gives it.
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| Instructions of
Minister
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(4) An officer shall apply the regulations on
sponsorship referred to in paragraph 14(2)(e)
in accordance with any instructions that the
Minister may make.
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Regulations
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| Regulations
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14. (1) The regulations may provide for any
matter relating to the application of this
Division, and may define, for the purposes of
this Act, the terms used in this Division.
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| Regulations
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(2) The regulations may prescribe, and
govern any matter relating to, classes of
permanent residents or foreign nationals,
including the classes referred to in section 12,
and may include provisions respecting
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(a) selection criteria, the weight, if any, to
be given to all or some of those criteria, the
procedures to be followed in evaluating all
or some of those criteria and the
circumstances in which an officer may
substitute for those criteria their evaluation
of the likelihood of a foreign national's
ability to become economically established
in Canada;
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(b) applications for visas and other
documents and their issuance or refusal,
with respect to foreign nationals and their
family members;
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(c) the number of applications that may be
processed or approved in a year, the number
of visas and other documents that may be
issued in a year, and the measures to be
taken when that number is exceeded;
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(d) conditions that may or must be imposed,
varied or cancelled, individually or by
class, on permanent residents and foreign
nationals;
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(e) sponsorships, undertakings, and
penalties for failure to comply with
undertakings;
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(f) deposits or guarantees of the
performance of obligations under this Act
that are to be given by any person to the
Minister; and
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(g) any matter for which a recommendation
to the Minister or a decision may or must be
made by a designated person, institution or
organization with respect to a foreign
national or sponsor.
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| Examination
by officer
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15. (1) An officer is authorized to proceed
with an examination where a person makes an
application to the officer in accordance with
this Act.
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| Provincial
criteria
|
(2) In the case of a foreign national referred
to in subsection 9(1), an examination of
whether the foreign national complies with
the applicable selection criteria shall be
conducted solely on the basis of documents
delivered by the province indicating that the
competent authority of the province is of the
opinion that the foreign national complies
with the province's selection criteria.
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| Inspection
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(3) An officer may board and inspect any
means of transportation bringing persons to
Canada, examine any person carried by that
means of transportation and any record or
document respecting that person, seize and
remove the record or document to obtain
copies or extracts and hold the means of
transportation until the inspection and
examination are completed.
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| Instructions
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(4) The officer shall conduct the
examination in accordance with any
instructions that the Minister may give.
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| Obligation -
answer
truthfully
|
16. (1) A person who makes an application
must answer truthfully all questions put to
them for the purpose of the examination and
must produce a visa and all relevant evidence
and documents that the officer reasonably
requires.
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| Obligation -
relevant
evidence
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(2) In the case of a foreign national,
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(a) the relevant evidence referred to in
subsection (1) includes photographic and
fingerprint evidence; and
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(b) the foreign national must submit to a
medical examination on request.
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| Evidence
relating to
identity
|
(3) An officer may require or obtain from a
permanent resident or a foreign national who
is arrested, detained or subject to a removal
order, any evidence - photographic,
fingerprint or otherwise - that may be used
to establish their identity or compliance with
this Act.
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| Regulations
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17. The regulations may provide for any
matter relating to the application of this
Division, and may include provisions
respecting the conduct of examinations.
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Entering and Remaining
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| Examination
by officer
|
18. (1) Every person seeking to enter
Canada must appear for an examination to
determine whether that person has a right to
enter Canada or is or may become authorized
to enter and remain in Canada.
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| Transit
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(2) Subsection (1) also applies to persons
who, without leaving Canada, seek to leave an
area at an airport that is reserved for
passengers who are in transit or who are
waiting to depart Canada.
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| Right of entry
of citizens and
Indians
|
19. (1) Every Canadian citizen within the
meaning of the Citizenship Act and every
person registered as an Indian under the Indian
Act has the right to enter and remain in Canada
in accordance with this Act, and an officer
shall allow the person to enter Canada if
satisfied following an examination on their
entry that the person is a citizen or registered
Indian.
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| Right of entry
of permanent
residents
|
(2) An officer shall allow a permanent
resident to enter Canada if satisfied following
an examination on their entry that they have
that status.
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| Obligation on
entry
|
20. (1) Every foreign national, other than a
foreign national referred to in section 19, who
seeks to enter or remain in Canada must
establish,
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(a) to become a permanent resident, that
they hold the visa or other document
required under the regulations and have
come to Canada in order to establish
permanent residence; and
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(b) to become a temporary resident, that
they hold the visa or other document
required under the regulations and will
leave Canada by the end of the period
authorized for their stay.
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| Provincial
criteria
|
(2) A foreign national referred to in
subsection 9(1) must also establish, to become
a permanent resident, that they hold a
document issued by the province indicating
that the competent authority of the province is
of the opinion that the foreign national
complies with the province's selection
criteria.
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Status and Authorization to Enter
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| Permanent
resident
|
21. (1) A foreign national becomes a
permanent resident if an officer is satisfied
that the foreign national has applied for that
status, has met the obligations set out in
paragraph 20(1)(a) and subsection 20(2) and
is not inadmissible.
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| Protected
person
|
(2) Except in the case of a person described
in subsection 112(3) or a person who is a
member of a prescribed class of persons, a
person whose application for protection has
been finally determined by the Board to be a
Convention refugee or to be a person in need
of protection, or a person whose application
for protection has been allowed by the
Minister, becomes, subject to any
federal-provincial agreement referred to in
subsection 9(1), a permanent resident if the
officer is satisfied that they have made their
application in accordance with the regulations
and that they are not inadmissible on any
ground referred to in section 34 or 35,
subsection 36(1) or section 37 or 38.
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| Temporary
resident
|
22. (1) A foreign national becomes a
temporary resident if an officer is satisfied that
the foreign national has applied for that status,
has met the obligations set out in paragraph
20(1)(b) and is not inadmissible.
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| Dual intent
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(2) An intention by a foreign national to
become a permanent resident does not
preclude them from becoming a temporary
resident if the officer is satisfied that they will
leave Canada by the end of the period
authorized for their stay.
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| Entry to
complete
examination
or hearing
|
23. An officer may authorize a person to
enter Canada for the purpose of further
examination or an admissibility hearing under
this Part.
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| Temporary
resident
permit
|
24. (1) A foreign national who, in the
opinion of an officer, is inadmissible or does
not meet the requirements of this Act becomes
a temporary resident if an officer is of the
opinion that it is justified in the circumstances
and issues a temporary resident permit, which
may be cancelled at any time.
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| Exception
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(2) A foreign national referred to in
subsection (1) to whom an officer issues a
temporary resident permit outside Canada
does not become a temporary resident until
they have been examined upon arrival in
Canada.
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| Instructions of
Minister
|
(3) In applying subsection (1), the officer
shall act in accordance with any instructions
that the Minister may make.
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Humanitarian
and
compassionat
e considera-
tions
|
25. (1) The Minister shall, upon request of
a foreign national who is inadmissible or who
does not meet the requirements of this Act,
and may, on the Minister's own initiative,
examine the circumstances concerning the
foreign national and may grant the foreign
national permanent resident status or an
exemption from any applicable criteria or
obligation of this Act if the Minister is of the
opinion that it is justified by humanitarian and
compassionate considerations relating to
them, taking into account the best interests of
a child directly affected, or by public policy
considerations.
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| Provincial
criteria
|
(2) The Minister may not grant permanent
resident status to a foreign national referred to
in subsection 9(1) if the foreign national does
not meet the province's selection criteria
applicable to that foreign national.
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| Regulations
|
26. The regulations may provide for any
matter relating to the application of sections
18 to 25, and may include provisions
respecting
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(a) entering, remaining in and re-entering
Canada;
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(b) permanent resident status or temporary
resident status, including acquisition of that
status;
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(c) the circumstances in which all or part of
the considerations referred to in section 24
may be taken into account;
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(d) conditions that may or must be imposed,
varied or cancelled, individually or by
class, on permanent residents and foreign
nationals; and
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(e) deposits or guarantees of the
performance of obligations under this Act
that are to be given to the Minister.
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Rights and Obligations of Permanent and
Temporary Residents
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| Right of
permanent
residents
|
27. (1) A permanent resident of Canada has
the right to enter and remain in Canada,
subject to the provisions of this Act.
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| Conditions
|
(2) A permanent resident must comply with
any conditions imposed under the regulations.
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| Residency
obligation
|
28. (1) A permanent resident must comply
with a residency obligation with respect to
every five-year period.
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| Application
|
(2) The following provisions govern the
residency obligation under subsection (1):
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(a) a permanent resident complies with the
residency obligation with respect to a
five-year period if, on each of a total of at
least 730 days in that five-year period, they
are
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(i) physically present in Canada,
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(ii) outside Canada accompanying a
Canadian citizen who is their spouse or
common-law partner or, in the case of a
child, their parent,
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(iii) outside Canada employed on a
full-time basis by a Canadian business or
in the public service of Canada or of a
province,
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(iv) outside Canada accompanying a
permanent resident who is their spouse or
common-law partner or, in the case of a
child, their parent and who is employed
on a full-time basis by a Canadian
business or in the public service of
Canada or of a province, or
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(v) referred to in regulations providing
for other means of compliance;
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(b) it is sufficient for a permanent resident
to demonstrate at examination
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(i) if they have been a permanent resident
for less than five years, that they will be
able to meet the residency obligation in
respect of the five-year period
immediately after they became a
permanent resident;
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(ii) if they have been a permanent
resident for five years or more, that they
have met the residency obligation in
respect of the five-year period
immediately before the examination; and
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(c) a determination by an officer that
humanitarian and compassionate
considerations relating to a permanent
resident, taking into account the best
interests of a child directly affected by the
determination, justify the retention of
permanent resident status overcomes any
breach of the residency obligation prior to
the determination.
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| Right of
temporary
residents
|
29. (1) A temporary resident is, subject to
the other provisions of this Act, authorized to
enter and remain in Canada on a temporary
basis as a visitor or as a holder of a temporary
resident permit.
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| Obligation -
temporary
resident
|
(2) A temporary resident must comply with
any conditions imposed under the regulations
and with any requirements under this Act,
must leave Canada by the end of the period
authorized for their stay and may re-enter
Canada only if their authorization provides for
re-entry.
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| Work and
study in
Canada
|
30. (1) A foreign national may not work or
study in Canada unless authorized to do so
under this Act.
|
|
| Minor
children
|
(2) Every minor child in Canada, other than
a child of a temporary resident not authorized
to work or study, is authorized to study at the
pre-school, primary or secondary level.
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Status Document
|
|
| Status
document
|
31. (1) A permanent resident and a
protected person shall be provided with a
document indicating their status.
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|
| Effect
|
(2) For the purposes of this Act, unless an
officer determines otherwise
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(a) a person in possession of a status
document referred to in subsection (1) is
presumed to have the status indicated; and
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(b) a person who is outside Canada and who
does not present a status document
indicating permanent resident status is
presumed not to have permanent resident
status.
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