Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Marginal note:Application for permanent residence — restriction

• 20.2 (1) A designated foreign national may not apply to become a permanent resident

  • (a) if they have made a claim for refugee protection but have not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

  • (b) if they have made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

  • (c) in any other case, until five years after the day on which they become a designated foreign national.

• Marginal note:Suspension of application for permanent residence

  (2) The processing of an application for permanent residence of a foreign national who, after the application is made, becomes a designated foreign national is suspended

  • (a) if the foreign national has made a claim for refugee protection but has not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

  • (b) if the foreign national has made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

  • (c) in any other case, until five years after the day on which the foreign national becomes a designated foreign national.

• Marginal note:Refusal to consider application

  (3) The officer may refuse to consider an application for permanent residence if

  • (a) the designated foreign national fails, without reasonable excuse, to comply with any condition imposed on them under subsection 58(4) or section 58.1 or any requirement imposed on them under section 98.1; and

  • (b) less than 12 months have passed since the end of the applicable period referred to in subsection (1) or (2).

Marginal note: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.

• Marginal note: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.

• Marginal note:Pending application — subsection 108(2)

  (3) A person in respect of whom the Minister has made an application under subsection 108(2) may not become a permanent resident under subsection (2) while the application is pending.