Canadian Refugee Procedure, IRPR ss. 71.1-72 - Becoming a Permanent Resident

IRPR ss. 71.1-72 - Becoming a Permanent Resident (Part 5 - Division 7)

The text of the relevant sections of the regulation read:

DIVISION 7
Becoming a Permanent Resident

Foreign nationals outside Canada
71.1 (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.

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.

Obtaining status
72 (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.

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(a) [Repealed, SOR/2017-78, s. 4]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.

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.

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.

s. 72(2)(c) Member of the protected temporary residents class may become a permanent resident if the requirements of s. 72 are met

Section 72 of the regulations provides that a foreign national in Canada becomes a permanent resident if, following an examination, it is established that, among other things, they have applied to remain in Canada as a permanent resident as a member of a class referred to in subsection (2). One of the those classes is the "protected temporary residents class". For more information about that class, see s. 151.1 of the regulation: Canadian Refugee Procedure/IRPR ss. 138-151.1 - Convention Refugees Abroad, Humanitarian-protected Persons Abroad and Protected Temporary Residents#IRPR s. 151.1 - Protected Temporary Residents.

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