GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Regulations — 103
103 (1) and (2) [Repealed, SOR/2016-316, s. 9] Self-employed person (3) A member of the self-employed persons class shall be awarded assessment points up to a maximum of 35 points for relevant experience during the period beginning five years before the date of their application for a permanent resident visa and ending on the day a determination is made in respect of the application as follows: (a) 20 points for (i) two one-year periods of experience described in clause (a)(i)(A) or (B) of the definition relevant experience in subsection 88(1) or a combination of two one-year periods of such experience, (ii) two one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition relevant experience in subsection 88(1) or a combination of two one-year periods of such experience, or (iii) two one-year periods of experience described in subparagraph (a)(iii) of the definition relevant experience in subsection 88(1); (b) 25 points for (i) three one-year periods of experience described in clause (a)(i)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of three one-year periods of such experience, (ii) three one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of three one-year periods of such experience, or (iii) three one-year periods of experience described in subparagraph (a)(iii) of the definition relevant experience in subsection 88(1); (c) 30 points for (i) four one-year periods of experience described in clause (a)(i)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of four one-year periods of such experience, (ii) four one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of four one-year periods of such experience, or (iii) four one-year periods of experience described in subparagraph (a)(iii) of the definition relevant experience in subsection 88(1); and (d) 35 points for (i) five one-year periods of experience described in clause (a)(i)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of five one-year periods of such experience, (ii) five one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of five one-year periods of such experience, or (iii) five one-year periods of experience described in subparagraph (a)(iii) of the definition relevant experience in subsection 88(1). SOR/2004-167, s. 38; SOR/2016-316, s. 9
Immigration and Refugee Protection Regulations — 105
Self-employed person 105 (1) A member of the self-employed persons class shall be awarded assessment points up to a maximum of 6 points for adaptability on the basis of any combination of the following elements: (a) for the educational credentials of the member’s accompanying spouse or common-law partner, 3, 4 or 5 points determined in accordance with subsection (2); (b) for any previous period of study in Canada by the member or their spouse or common-law partner, 5 points; (c) for any previous period of work in Canada by the member or their spouse or common-law partner, 5 points; and (d) for being related to, or for having an accompanying spouse or accompanying common-law partner who is related to, a person living in Canada who is described in subsection (5), 5 points. Educational credentials of spouse or common-law partner (2) For the purposes of paragraph (1)(a), an officer shall evaluate the educational credentials of the accompanying spouse or accompanying common-law partner of the member of the self-employed persons class as if the spouse or common-law partner were the member, and shall award points to the member as follows: (a) for a spouse or common-law partner who would be awarded 25 points, 5 points; (b) for a spouse or common-law partner who would be awarded 20 or 22 points, 4 points; and (c) for a spouse or common-law partner who would be awarded 12 or 15 points, 3 points. Previous study in Canada (3) For the purposes of paragraph (1)(b), a member of the self-employed persons class shall be awarded 5 points if the member or their accompanying spouse or accompanying common-law partner, on or after their 17th birthday, completed a program of full-time study of at least two years’ duration at a post-secondary institution in Canada under a study permit, whether or not they obtained an educational credential for completing that program. Previous work in Canada (4) For the purpose of paragraph (1)(c), a member of the self-employed persons class shall be awarded 5 points if the member or their accompanying spouse or accompanying common-law partner engaged in at least one year of full-time work in Canada under a work permit. Family relationships in Canada (5) For the purposes of paragraph (1)(d), a member of the self-employed persons class shall be awarded 5 points if (a) the member or their accompanying spouse or accompanying common-law partner is related by blood, marriage, common-law partnership or adoption to a person who is a Canadian citizen or permanent resident living in Canada and who is (i) their father or mother, (ii) the father or mother of their father or mother, (iii) their child, (iv) a child of their child, (v) a child of their father or mother, (vi) a child of the father or mother of their father or mother, other than their father or mother, or (vii) a child of the child of their father or mother; or (b) the member has a spouse or common-law partner who is not accompanying them and is a Canadian citizen or permanent resident living in Canada. SOR/2004-167, s. 39; SOR/2014-140, s. 5
Immigration and Refugee Protection Regulations — 108
Application for visa 108 (1) Subject to subsection (5), if a foreign national makes an application as a member of the Quebec investor class, the Quebec entrepreneur class, the start-up business class, the self-employed persons class or the Quebec self-employed persons class for a permanent resident visa, an officer may only issue the visa to the foreign national and their accompanying family members if they meet the requirements of subsection 70 (1) and, if applicable, (a) in the case of a foreign national who has made an application under the self-employed persons class and their accompanying family members, who intend to reside in a place in Canada other than a province whose government has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister under which the province has sole responsibility for selection, the foreign national is awarded the minimum number of points referred to in subsection (4); and (b) in the case of a foreign national and their accompanying family members, who intend to reside in a province whose government has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister under which the province has sole responsibility for selection, the foreign national is named in a selection certificate issued by that province. (2) and (3) [Repealed, SOR/2016-316, s. 12] Minimum points — self-employed persons (4) The Minister shall fix and make available to the public the minimum number of points required of a self-employed person, on the basis of (a) the number of applications by members of the self-employed persons class currently being processed; (b) the number of self-employed persons projected to become permanent residents according to the report to Parliament referred to in section 94 of the Act; and (c) the potential, taking into account economic and other relevant factors, for the establishment of self-employed persons in Canada. Federal-provincial agreement (5) A permanent resident visa shall not be issued to a foreign national as a member of the Quebec investor class, or to their accompanying family members, if the Minister is engaged in consultations with the province in respect of the interpretation or implementation of the agreement, referred to in subsection 9(1) of the Act and entered into under subsection 8(1) of the Act, between the province and the Minister in respect of the selection of investors and the consultations have not been successfully completed. SOR/2004-167, s. 40; SOR/2014-140, s. 6(F); SOR/2016-316, s. 12; SOR/2018-72, s. 6
Immigration and Refugee Protection Regulations — 109
Substitution of evaluation 109 (1) Whether or not a foreign national has been awarded the minimum number of required points referred to in subsection 108(1), an officer may substitute for the factors set out in subsection 102(1) their evaluation of the likelihood of the foreign national’s ability to become economically established in Canada if the number of points awarded is not a sufficient indicator of whether the foreign national may become economically established in Canada. Concurrence (2) An evaluation made under subsection (1) requires the concurrence of a second officer. SOR/2010-195, s. 10(F)
Immigration and Refugee Protection Regulations — 116
Family class 116 For the purposes of subsection 12(1) of the Act, the family class is hereby prescribed as a class of persons who may become permanent residents on the basis of the requirements of this Division.
Immigration and Refugee Protection Regulations — 117
other sponsor; or (c.1) the foreign national is the sponsor’s spouse and if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the foreign national was marrying a person who was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law; (d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined. Exception (10) Subject to subsection (11), paragraph (9)(d) does not apply in respect of a foreign national referred to in that paragraph who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined. Application of par. (9)(d) (11) Paragraph (9)(d) applies in respect of a foreign national referred to in subsection (10) if an officer determines that, at the time of the application referred to in that paragraph, (a) the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or (b) the foreign national was the sponsor’s spouse, was living separate and apart from the sponsor and was not examined. Definition of former Act (12) In subsection (10), former Act has the same meaning as in section 187 of the Act. SOR/2004-59, s. 4; SOR/2004-167, s. 41; SOR/2005-61, s. 3; SOR/2010-195, s. 11; SOR/2010-208, s. 2; SOR/2014-140, s. 7(F); SOR/2015-139, s. 2 SOR/2019-212, s. 5 SOR/2023-249, s. 6
Immigration and Refugee Protection Regulations — 118
Medical condition 118 A foreign national who is an adopted dependent child or is a person referred to in paragraph 117(1)(f) or (g) shall not be issued a permanent resident visa as a member of the family class unless the sponsor has provided a statement in writing confirming that they have obtained information about the medical condition of the child or of the foreign national. SOR/2005-61, s. 4; SOR/2010-195, s. 12
Immigration and Refugee Protection Regulations — 119
Withdrawal of sponsorship application 119 A decision shall not be made on an application for a permanent resident visa by a member of the family class if the sponsor withdraws their sponsorship application in respect of that member.
Immigration and Refugee Protection Regulations — 120
Approved sponsorship application 120 For the purposes of Part 5, (a) a permanent resident visa shall not be issued to a foreign national who makes an application as a member of the family class or to their accompanying family members unless a sponsorship undertaking in respect of the foreign national and those family members is in effect; and (b) a foreign national who makes an application as a member of the family class and their accompanying family members shall not become permanent residents unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137.
Immigration and Refugee Protection Regulations — 121
Requirements 121 Subject to subsection 25.1(1), a person who is a member of the family class or a family member of a member of the family class who makes an application under Division 6 of Part 5 must be a family member of the applicant or of the sponsor both at the time the application is made and at the time of the determination of the application. SOR/2004-167, s. 42; SOR/2014-133, s. 6
Immigration and Refugee Protection Regulations — 122
Requirements for accompanying family members 122 A foreign national who is an accompanying family member of a person who makes an application as a member of the family class shall become a permanent resident if, following an examination, it is established that (a) the person who made the application has become a permanent resident; and (b) the family member is not inadmissible. SOR/2008-202, s. 9(F)
Immigration and Refugee Protection Regulations — 123
Class 123 For the purposes of subsection 12(1) of the Act, the spouse or common-law partner in Canada class is hereby prescribed as a class of persons who may become permanent residents on the basis of the requirements of this Division.
Immigration and Refugee Protection Regulations — 124
Member 124 A foreign national is a member of the spouse or common-law partner in Canada class if they (a) are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada; (b) have temporary resident status in Canada; and (c) are the subject of a sponsorship application.
Immigration and Refugee Protection Regulations — 125
Excluded relationships 125 (1) A foreign national shall not be considered a member of the spouse or common-law partner in Canada class by virtue of their relationship to the sponsor if (a) [Repealed, SOR/2023-249, s. 7] (b) the foreign national is the sponsor’s spouse or common-law partner, the sponsor has an existing sponsorship undertaking in respect of a spouse or common-law partner and the period referred to in subsection 132(1) in respect of that undertaking has not ended; (c) the foreign national is the sponsor’s spouse and (i) the sponsor or the spouse was, at the time of their marriage, the spouse of another person, or (ii) the sponsor has lived separate and apart from the foreign national for at least one year and (A) the sponsor is the common-law partner of another person or the sponsor has a conjugal partner, or (B) the foreign national is the common-law partner of another person or the conjugal partner of another sponsor; (c.1) the foreign national is the sponsor’s spouse and if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the foreign national was married to a person who was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law; or (d) subject to subsection (2), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined. Exception (2) Subject to subsection (3), paragraph (1)(d) does not apply in respect of a foreign national referred to in that paragraph who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined. Application of par. (1)(d) (3) Paragraph (1)(d) applies in respect of a foreign national referred to in subsection (2) if an officer determines that, at the time of the application referred to in that paragraph, (a) the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or (b) the foreign national was the sponsor’s spouse, was living separate and apart from the sponsor and was not examined. Definition of former Act (4) In subsection (2), former Act has the same meaning as in section 187 of the Act. SOR/2004-167, s. 43; SOR/2010-195, s. 13; SOR/2015-139, s. 3 SOR/2023-249, s. 7
Immigration and Refugee Protection Regulations — 126
Withdrawal of sponsorship application 126 A decision shall not be made on an application for permanent residence by a foreign national as a member of the spouse or common-law partner in Canada class if the sponsor withdraws their sponsorship application in respect of that foreign national.
Immigration and Refugee Protection Regulations — 127
Approved sponsorship application 127 For the purposes of Part 5, a foreign national who makes an application as a member of the spouse or common-law partner in Canada class and their accompanying family members shall not become a permanent resident unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137.
Immigration and Refugee Protection Regulations — 128
Requirements — family member 128 The requirements with respect to a person who is a family member of a member of the spouse or common-law partner in Canada class who makes an application under Division 6 of Part 5 are the following: (a) subject to subsection 25.1(1), the person is a family member of the applicant both at the time the application is made and at the time of the determination of the application; and (b) at the time it is made, the application includes a request for the family member to remain in Canada as a permanent resident. SOR/2014-133, s. 7
Immigration and Refugee Protection Regulations — 129
Requirements for accompanying family members 129 A foreign national who is an accompanying family member of a person who makes an application as a member of the spouse or common-law partner in Canada class shall become a permanent resident if, following an examination, it is established that (a) the person who made the application has become a permanent resident; and (b) the family member is not inadmissible. SOR/2008-202, s. 10(F)
Immigration and Refugee Protection Regulations — 130
Sponsor 130 (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who (a) is at least 18 years of age; (b) resides in Canada; and (c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10. Sponsor not residing in Canada (2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident. Five-year requirement (3) A sponsor who became a permanent resident or a Canadian citizen after being sponsored as a spouse, common-law partner or conjugal partner under subsection 13(1) of the Act may not sponsor a foreign national referred to in subsection (1) as a spouse, common-law partner or conjugal partner, unless the sponsor has been a permanent resident, or a Canadian citizen, or a combination of the two, for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph (1)(c) is filed by the sponsor in respect of the foreign national. SOR/2012-20, s. 1; SOR/2015-139, s. 4
Immigration and Refugee Protection Regulations — 131
Sponsorship undertaking 131 The sponsor’s undertaking shall be given (a) to the Minister; or (b) if the sponsor resides in a province that has entered into an agreement referred to in subsection 8(1) of the Act that enables the province to determine and apply financial criteria with respect to sponsorship undertakings and to administer sponsorship undertakings, to the competent authority of the province. SOR/2014-140, s. 8(E)
Immigration and Refugee Protection Regulations — 133
of which a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act , or in respect of which there has been a final determination of an acquittal; or (b) if a period of five years or more has elapsed since the completion of the sentence imposed for an offence in Canada referred to in paragraph (1)(e). Exception — conviction outside Canada (3) Despite paragraph (1)(f), a sponsorship application may not be refused (a) on the basis of a conviction outside Canada in respect of which there has been a final determination of an acquittal; or (b) if a period of five years or more has elapsed since the completion of the sentence imposed for an offence outside Canada referred to in that paragraph and the sponsor has demonstrated that they have been rehabilitated. Exception to minimum necessary income (4) Paragraph (1)(j) does not apply if the sponsored person is (a) the sponsor’s spouse, common-law partner or conjugal partner and has no dependent children; (b) the sponsor’s spouse, common-law partner or conjugal partner and has a dependent child who has no dependent children; or (c) a dependent child of the sponsor who has no dependent children or a person referred to in paragraph 117(1)(g). Adopted sponsor (5) A person who is adopted outside Canada and whose adoption is subsequently revoked by a foreign authority or by a court in Canada of competent jurisdiction may sponsor an application for a permanent resident visa that is made by a member of the family class only if the revocation of the adoption was not obtained for the purpose of sponsoring that application. SOR/2004-167, s. 45; SOR/2005-61, s. 6; SOR/2011-262, s. 1; SOR/2013-246, s. 2; SOR/2014-140, s. 10(E)
Immigration and Refugee Protection Regulations — 134
ection (2), the sponsor’s total income shall be calculated in accordance with subsection (1) or (1.1), as applicable, except that (a) in the case of paragraph (1)(a), the sponsor’s income shall be calculated on the basis of the last notice of assessment, or an equivalent document, issued by the Minister of National Revenue in respect of the most recent taxation year preceding the day on which the officer receives the updated evidence; (b) in the case of paragraph (1)(c), the sponsor’s income is the sponsor’s Canadian income earned during the 12-month period preceding the day on which the officer receives the updated evidence; and (c) in the case of paragraph (1.1)(a), the sponsor’s income shall be calculated on the basis of the income earned as reported in the notices of assessment, or an equivalent document, issued by the Minister of National Revenue in respect of each of the three consecutive taxation years immediately preceding the day on which the officer receives the updated evidence. SOR/2013-246, s. 3; 2016, c. 12, s. 87 SOR/2019-212, s. 6(E)