Canada Start-Up Business – Provisions of R71

Last Updated on December 23, 2016

Appendix B – The Provisions of R71

The Issuance in Particular Quebec Selection Cases

An officer would need to issue a permanent resident visa to a foreign national outside Canada who intends to reside in the Province of Quebec as a permanent resident and does not satisfy the requirements of paragraphs 70 (1) (a), 70 (1) (c) and 70 (1) (d) if, after conducting an examination, the officer finds that:

• The foreign national has applied for a permanent resident visa in accordance with the provisions specified in the Regulations – barring the contents of paragraph 10 (2) (c)
• The provisions specified in subsection 176 (2) forbid the issuance of a permanent resident visa to the foreign national and when the foreign national is not a member of any class of persons prescribed by the Regulations who many become permanent residents or receive permanent resident visas
• The foreign national’s name appears in a Certificat de sélection du Québec issued by that Province indicating that the foreign national, under the regulations made under An Act respecting immigration to Québec, R.S.Q., c. I-0.2, which the authorities amend from time to time, is a foreign national in a particularly distressful situation and,
• The foreign national and the individual’s family members, whether accompanying or not, are not inadmissible

Appendix C – The Provisions of R70

The Issuance

An officer would need to issue a permanent resident visa to a foreign national, if, after conducting an examination, the officer finds that:

• The foreign national has applied in accordance with the provisions specified in the Regulations for a permanent resident visa as a member of a class referred to in the following section titled ‘The Classes’
• The foreign national is coming to Canada for establishing permanent residence
• The foreign national is a member of that class
• The foreign national meets all the selection criteria and other requirements applicable to that class (refer to the section titled ‘The Criteria in the Province of Quebec’) and,
• The foreign national and the individual’s family members, whether accompanying or not, are not inadmissible

The Classes

The classes refer to:

• The family class
• The economic class, comprising the Federal Skilled Worker (FSW) class, the transitional Federal Skilled Worker (FSW) class, the Quebec skilled worker class, the provincial nominee class, the Canadian Experience Class (CEC), the Federal Skilled Trades (FST) class, the investor class, the entrepreneur class, the self-employed persons class, the transitional federal investor class, the transitional federal entrepreneur class and the transitional federal self-employed persons class and,
• The Convention refugees abroad class and the country of asylum class

The Criteria in the Province of Quebec

The selection criteria for a foreign national who intends to reside in the Province of Quebec as a permanent resident and is not a member of the family class would require supporting evidence that the competent authority of that Province holds the opinion that the foreign national complies with the provincial selection criteria.

The Accompanying Family Members

Officers would need to issue a permanent resident visa to a foreign national, who is an accompanying family member of another foreign national who has received a permanent resident visa if, following an examination, the officers find that:

• The accompanying family member is not inadmissible and,
• 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, the individual possesses supporting evidence that the competent authority of that Province holds the opinion that the foreign national complies with the provincial selection criteria.

The Family Member

Situations could arise where the authorities do not issue a permanent resident visa to a child as an accompanying family member of a foreign national or the foreign national’s spouse or common-law partner. In this scenario, the officers would not issue a permanent resident visa to a child of that child as an accompanying family member of the foreign national as well.