Division 1 – The Requirements and Selection

/ / Published in Humanitarian and Compassionate (H&C) Consideration, Immigration, Immigration Manuals

The Requirements – The Application Prior to Entering Canada

Prior to entering Canada, foreign nationals would need to apply to officers for visas or for any other documents prescribed by the regulations. The authorities will typically issue the visas or documents, if the officers are satisfied that the foreign nationals are not inadmissible and are meeting the requirements of this Act, following an examination.

The Electronic Travel Authorisation

Prior to entering Canada, foreign nationals would need to apply for electronic travel authorisations by means of an electronic system. The regulations specify this particular requirement. It is worth highlighting that this requirement is applicable despite the provisions specified in subsection (1). In some cases, the regulations might specify that the foreign nationals could apply using other means. The system (or an officer) will examine the application. Situations could arise where the system (or the officer) determines that the foreign national is not inadmissible and meets the requirements of this Act. In this scenario, the system (or the officer) would need to issue the relevant authorisation.

The Restrictions

The authorities do not permit designated foreign nationals to make applications for permanent residence under the provisions specified in subsection (1):

  • If the foreign nationals have made claims for refugee protection but have not made applications for protection, until five years after the day on which the authorities make a final determination in respect of these claims

  • If the foreign nationals have made applications for protection until five years after the day on which the authorities make a final determination in respect of the applications or,

  • Until five years have elapsed after the day on which the foreign nationals become designated foreign nationals (in all other cases)

The Suspension of Applications

The authorities have the ability to suspend the processing of applications for permanent residence under the provisions specified in subsection (1) for foreign nationals, who, after making their applications, become designated foreign nationals:

  • If the foreign nationals have made claims for refugee protection but have not made applications for protection, until five years after the day on which the authorities make a final determination in respect of these claims

  • If the foreign nationals have made applications for protection until five years after the day on which the authorities make a final determination in respect of the applications or,

  • Until five years have elapsed after the day on which the foreign nationals become designated foreign nationals (in all other cases)

The Refusal to Consider the Application

The officers could refuse to consider applications for permanent residence under the provisions specified in subsection (1) in case:

  • The designated foreign nationals fail, without any reasonable excuses, to comply with any of the conditions the authorities have imposed on them under the provisions specified in:

    • Subsection 58 (4)

    • Section 58.1 or,

    • Any requirement imposed on the foreign nationals under section 98.1

The Guidelines in Case the Sponsor Does Not Meet the Prescribed Requirements

The officers have the authority to not issue visas or other documents to foreign nationals if the sponsor does not meet the prescribed sponsorship requirements of this Act.

The Biometric Information

Prescribed foreign nationals making applications for temporary resident visas, study permits or work permits would need to follow the prescribed procedures for the collection of the prescribed biometric information.

The Guidelines for Situations Where the Officers Do Not Issue Visas or Other Documents

Officers have the authority to not issue visas or other documents in respect of applications for permanent residence to foreign nationals. The officers would typically do this for foreign nationals issued invitations under Division 0.1 for making these applications. This non-issuance of visas or other documents would typically apply in case the foreign nationals do not meet the prescribed criteria given in instructions specified in paragraphs 10.3 (1) (e).

Alternatively, the officers would not issue visas or other documents if the foreign nationals did not have the qualifications required on the basis of which the system ranked them under instructions given in paragraph 10.3 (1) (h), based on which the individuals received the invitations.

To avoid this, foreign nationals would need to ensure that they meet the prescribed criteria and possess the qualifications specified:

  • At the time the authorities issue the invitation and,

  • At the time the officers receive their applications

The Selection of Permanent Residents – The Family Reunification

The authorities could select foreign nationals as members of the family class. They would usually do this based on the relationship of the foreign national with the spouse, common-law partner, child, parent or other prescribed family member of Canadian citizens or permanent residents.

The Selection of Permanent Residents – The Economic Immigration

The authorities could select foreign nationals to become members of the economic class based on the ability of the foreign nationals to establish themselves economically in Canada.

The Selection of Permanent Residents – The Refugees

The authorities could select foreign nations as people, who under the provisions specified in this Act, are Convention refugees or people in similar circumstances. This is regardless of whether the individuals are inside or outside Canada. For this, the authorities would typically take into account Canada’s humanitarian tradition with respect to the displaced and the persecuted.

The Sponsorship of Foreign Nationals

The authorities permit the following to sponsor foreign nationals based on the provisions specified in the regulations:

  • Canadian citizens or permanent residents

  • A group of Canadian citizens or permanent residents

  • A corporation incorporated under a law of Canada or of a province

  • An unincorporated organisation or association under federal or provincial law or,

  • Any combination of the above

The Instructions of the Minister Concerning the Sponsorship of Foreign Nationals

Officers would need to apply the prescribed regulations on sponsorship referred to in paragraph 14 (2) (e). This is in accordance with any instructions that the Minister might make.