Immigration and Refugee Protection Regulations (SOR/2002-227)

Requirements

84 [Repealed, SOR/2008-202, s. 1]

Marginal note:Permanent resident status

85 A foreign national who is an accompanying family member of a person who makes an application as a member of the federal skilled worker class shall become a permanent resident if, following an examination, it is established that

• (a) the person who made the application has become a permanent resident; and

• (b) the foreign national is not inadmissible.

Transitional Federal Skilled Workers

Transitional Federal Skilled Worker Class

Marginal note:Class

• 85.1 (1) For the purposes of subsection 12(2) of the Act, the transitional federal skilled worker class is hereby prescribed as a class of persons who are transitional skilled workers and who may become permanent residents on the basis of their ability to become economically established in Canada and who intend to reside in a province other than the Province of Quebec.

• Marginal note:Transitional skilled workers

  (2) A foreign national is a transitional skilled worker if they made an application before January 1, 2002 under the former Regulations for an immigrant visa as a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of those Regulations, other than a self-employed person within the meaning of subsection 2(1) of those Regulations, that was

  • (a) refused after March 31, 2003 and before June 20, 2003; or

  • (b) withdrawn by the foreign national on or after January 1, 2002 and before December 1, 2003.

Marginal note:Application before January 1, 2005

• 85.2 (1) Subject to subsection (2), an application for a permanent resident visa as a member of the transitional federal skilled worker class must be made in accordance with sections 10 and 11 and must be received by the applicable immigration office referred to in subsection 11(1) not later than December 31, 2004.

• Marginal note:Alternate place of application

  (2) An application referred to in subsection (1) may be made to the immigration office at the location where the application referred to in subsection 85.1(2) was made, instead of to the immigration office referred to in subsection 11(1).

Marginal note:Criteria

85.3 For the purpose of determining whether a transitional skilled worker, as a member of the transitional federal skilled worker class, will be able to become economically established in Canada, they must

• (a) be awarded the number of units of assessment required by the former Regulations for a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of those Regulations, other than a self-employed person within the meaning of subsection 2(1) of those Regulations; or

• (b) meet the requirements of subsection 75(2) and paragraph 76(1)(b) of these Regulations and obtain a minimum of 67 points based on the factors set out in paragraph 76(1)(a) of these Regulations.

Requirements

85.4 [Repealed, SOR/2008-253, s. 8]

85.5 [Repealed, SOR/2008-202, s. 2]

Marginal note:Permanent resident status

85.6 A foreign national who is a family member of a person who makes an application for a permanent resident visa as a member of the transitional federal skilled worker class shall become a permanent resident if, following an examination, it is established that the family member is not inadmissible.

Quebec Skilled Worker Class

Marginal note:Class

• 86 (1) For the purposes of subsection 12(2) of the Act, the Quebec skilled worker class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada.

• Marginal note:Member of the class

  (2) A foreign national is a member of the Quebec skilled worker class if they

  • (a) intend to reside in the Province of Quebec; and

  • (b) are named in a Certificat de sélection du Québec issued to them by that Province.

• (3) and (4) [Repealed, SOR/2008-253, s. 9]

• Marginal note:Requirements for accompanying family members

  (5) A foreign national who is an accompanying family member of a person who makes an application as a member of the Quebec skilled worker class shall become a permanent resident if, following an examination, it is established that

  • (a) the person who made the application has become a permanent resident; and

  • (b) the foreign national is not inadmissible.

Provincial Nominee Class

Marginal note:Class

• 87 (1) For the purposes of subsection 12(2) of the Act, the provincial nominee class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada.

• Marginal note:Member of the class

  (2) A foreign national is a member of the provincial nominee class if

  • (a) subject to subsection (5), they are named in a nomination certificate issued by the government of a province under a provincial nomination agreement between that province and the Minister; and

  • (b) they intend to reside in the province that has nominated them.

• Marginal note:Substitution of evaluation

  (3) If the fact that the foreign national is named in a certificate referred to in paragraph (2)(a) is not a sufficient indicator of whether they may become economically established in Canada and an officer has consulted the government that issued the certificate, the officer may substitute for the criteria set out in subsection (2) their evaluation of the likelihood of the ability of the foreign national to become economically established in Canada.

• Marginal note:Concurrence

  (4) An evaluation made under subsection (3) requires the concurrence of a second officer.

• Marginal note:Exclusion

  (5) Subject to subsection (6), a foreign national who is named in a certificate referred to in paragraph (2)(a) shall not be considered a member of the provincial nominee class if

  • (a) the nomination was based on the provision of capital by the foreign national; or

  • (b) the foreign national intends to participate in, or has participated in, an immigration-linked investment scheme.

• Marginal note:Exception

  (6) Subsection (5) does not apply if

  • (a) the capital is provided by the foreign national to a business in the province that nominated them, other than a business operated primarily for the purpose of deriving investment income such as interest, dividends or capital gains;

  • (b) the foreign national controls or will control

    • (i) a percentage of equity in the business equal to or greater than 33 1/3 per cent, or

    • (ii) an equity investment in the business of at least $1,000,000;

  • (c) the foreign national provides or will provide active and ongoing management of the business from within the province that nominated them; and

  • (d) the terms of the investment in the business do not include a redemption option.

• (7) and (8) [Repealed, SOR/2008-253, s. 10]

• Marginal note:Definitions

  (9) The following definitions apply in this section.

  immigration-linked investment scheme

  immigration-linked investment scheme means a strategy or plan

  • (a) where one of the objectives of the strategy or plan is to facilitate immigration to Canada and one of the objectives of the promoters of the strategy or plan is to raise capital; or

  • (b) where the agreement or arrangement in respect of the strategy or plan was entered into primarily for the purpose of acquiring a status or privilege under the Act. (projet de placement lié à l’immigration)

  percentage of equity

  percentage of equity means

  • (a) in respect of a sole proprietorship, 100% of the equity of the sole proprietorship controlled by a foreign national or their spouse or common-law partner;

  • (b) in respect of a corporation, the percentage of the issued and outstanding voting shares of the capital stock of the corporation controlled by a foreign national or their spouse or common-law partner; and

  • (c) in respect of a partnership or joint venture, the percentage of the profit or loss of the partnership or joint venture to which a foreign national or their spouse or common-law partner is entitled. (pourcentage des capitaux propres)

• Marginal note:Non-application

  (10) Subsections (5), (6) and (9) do not apply in respect of a foreign national who is issued a nomination certificate referred to in paragraph (2)(a) before September 2, 2008.

• Marginal note:Transitional

  (11) Subsections (5) and (6) as they read immediately before September 2, 2008 apply in respect of a foreign national referred to in subsection (10).

• Marginal note:Requirements for accompanying family members

  (12) A foreign national who is an accompanying family member of a person who makes an application as a member of the provincial nominee class shall become a permanent resident if, following an examination, it is established that

  • a) the person who made the application has become a permanent resident; and

  • b) the foreign national is not inadmissible.