The Guidelines for Issuing Permanent Resident Visas to Foreign Nationals

Last Updated on November 16, 2016

In R70, the authorities have framed certain guidelines by which the officers would need to issue permanent resident visas to foreign nationals.

The Issuance Process

An officer would need to issue a permanent resident visa to a foreign national if, after examining the application, the officer is able to establish that:

The foreign national has applied in accordance with the provisions specified in the Immigration and Refugee Protection Regulations (IRPR) for a permanent resident visa as a member of a class referred to subsequently in this section
The foreign national is coming to Canada for establishing permanent residence
The foreign national is a member of that class
The foreign national meets the selection criteria and other requirements applicable to that class (refer to the segment on the Criteria Applicable in the Province of Quebec) and,
The foreign national and the family members of the foreign national, whether accompanying or not, are not inadmissible

The Classes

The classes are:

The family class
The economic classes comprising:
- The federal skilled worker class
- The transitional federal skilled worker class
- The Quebec skilled worker class
- The provincial nominee class
- The Canadian experience class
- The federal skilled trades 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 Applicable in the Province of Quebec

As specified in the section on the issuance process, 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 is met by evidence that the competent authority of that Province is of the opinion that the foreign national complies with all the provincial selection criteria.

The Accompanying Family Members

The authorities shall issue a permanent resident visa to a foreign national, who is an accompanying family member of a foreign national to whom the authorities have already issued a permanent resident visa if, after examining the application, the officer is able to establish 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 as a permanent resident and is not a member of the family class is met by evidence that the competent authority of that Province is of the opinion that the foreign national complies with all the provincial selection criteria

The Family Member

If 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, the authorities would not issue a permanent resident visa to a child of that child as an accompanying family member of the foreign national.

The Guidelines for Foreign Nationals in and Outside Canada

Foreign nationals in and outside Canada would need to follow certain guidelines framed by the authorities. This is in accordance with the provisions specified in R71.1.

The Process for Foreign Nationals Outside Canada

To become permanent residents, foreign nationals, who are members of a class referred to in subsection 70 (2) and are outside Canada, would need to present their permanent resident visas to an officer at a port of entry.

The Process for Foreign Nationals in Canada as Temporary Residents

To become permanent residents, foreign nationals, who are members of a class referred to in subsection 70 (2) (a) or 70 (2) (b) and are temporary residents in Canada, would need to present their permanent resident visas to an officer at a port of entry or at an office of the Department in Canada.