Registration

SOR/2008-253 September 4, 2008

IMMIGRATION AND REFUGEE PROTECTION ACT

Regulations Amending the Immigration and Refugee Protection Regulations (Permanent Residents)

P.C. 2008-1595 September 4, 2008

Her Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsection 5(1), subsection 14(2) and section 26 of the Immigration and Refugee Protection Act (see footnote a), hereby makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations (Permanent Residents).

definitions	REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS (PERMANENT RESIDENTS)
	AMENDMENTS
	1. The portion of subsection 50(1) of the Immigration and Refugee Protection Regulations (see footnote 1) before paragraph (a) is replaced by the following:
Documents — permanent residents	50. (1) In addition to the permanent resident visa required of a foreign national who is a member of a class referred to in subsection 70(2), a foreign national seeking to become a permanent resident must hold
	2. (1) The portion of section 51 of the Regulations before paragraph (a) is replaced by the following:
Examination — permanent residents	51. A foreign national who holds a permanent resident visa and is seeking to become a permanent resident must, at the time of their examination,
	(2) Paragraph 51(b) of the Regulations is replaced by the following:
	(b) establish that they and their family members, whether accompanying or not, meet the requirements of the Act and these Regulations.
	3. The Regulations are amended by adding the following after section 71:
	DIVISION 7
	BECOMING A PERMANENT RESIDENT
Foreign nationals outside Canada	71.1 (1) A foreign national who is a member of a class referred to in subsection 70(2) and is outside Canada must, to become a permanent resident, present their permanent resident visa to an officer at a port of entry.
Foreign nationals in Canada as temporary residents	(2) A foreign national who is a member of a class referred to in paragraph 70(2)(a) or (b) and who is a temporary resident in Canada must, to become a permanent resident, present their permanent resident visa to an officer at a port of entry or at an office of the Department in Canada.
	4. The heading before section 72 of the Regulations is repealed.
	5. The marginal note to subsection 72(1) of the Regulations is replaced by “Obtaining status”.
	6. Section 74 of the Regulations and the heading before it are repealed.
	7. The portion of subsection 79(2) of the Regulations before paragraph (a) is replaced by the following:
24 Points	(2) Assessment points for proficiency in the official languages of Canada shall be awarded up to a maximum of 24 points based on the benchmarks referred to in Canadian Language Benchmarks 2000 for the English language and Niveaux de compétence linguistique canadiens 2006 for the French language, as follows:
	8. Section 85.4 of the Regulations is repealed.
	9. Subsections 86(3) and (4) of the Regulations are repealed.
	10. Subsections 87(7) and (8) of the Regulations are repealed.
	COMING INTO FORCE
	11. These Regulations come into force on September 17, 2008.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

The amendments to the Immigration and Refugee Protection Regulations are designed to streamline existing processes to facilitate the acquisition of permanent resident status for foreign nationals who have valid temporary resident status in Canada without having to be admitted at a port of entry.

These amendments to the Regulations are intended to facilitate the granting of permanent residence to members of the family class, and of the economic class. The family class consists of family members as defined under R117(1). The economic class consists of the federal skilled worker class, the transitional federal skilled worker class, the Quebec skilled worker class, the provincial nominee 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 as listed in R70(2)(b). (Regulations to introduce the Canadian Experience Class will add the new class to those listed in R70(2)(b) so as to extend the benefits of this provision to members of the new class.) To be eligible under this measure, members of these classes will have to be residing temporarily in Canada and have been issued a permanent resident visa from a visa office outside Canada.

Two additional technical amendments are also being introduced to these Regulations: (a) to correct an error in the marginal note indicating language points awarded; and (b) to update the French version of the language assessment tool.

What has changed

Foreign nationals residing in Canada who apply for a permanent resident visa outside of Canada in one of the classes described in paragraphs 70(2)(a) or (b), and who are temporary residents at the time of the issuance of the permanent resident visa, will no longer be required to report to a port of entry in order to be granted permanent residence.

The refugee classes described in paragraph 70(2)(c) will be excluded from this amendment, as there is no instance in which these persons would be temporary residents as they are granted permanent residence upon entry. Consequently, these amendments to the Regulations, which seek to facilitate the transition from temporary to permanent status, would not apply to these particular refugee classes.

The amendments to the Regulations repeal sections 74 and 85.4 and subsections 86(3) and (4), 87(7) and (8). These provisions detailed how members of specific classes obtained permanent resident status. The amended Regulations replace these provisions with a new general provision, section 71.1. The repealed sections also provided exemptions allowing, in certain circumstances, the granting of permanent residence from within Canada. However, these exemptions are no longer needed with the amended Regulations.

The new section 71.1 will require that a member of any of the classes in subsection 70(2), who is outside of Canada, must present their permanent resident visa at a port of entry. The amendments also provide that a member of any of the classes in paragraphs 70(2)(a) or (b) who has temporary resident status in Canada may seek to become a permanent resident at either a port of entry or an office of the Department in Canada.

The amendments also delete the reference to “port of entry,” in particular provisions dealing with examination, to make it clear that an applicant who holds a visa and is seeking to become a permanent resident, at either a port of entry or an office of the Department in Canada, is required to produce the same documentation and evidence at examination (subsection 50(1) and section 51).

Two technical amendments are also being made to section 79 of the Regulations as follows:

• the marginal note is amended by replacing “20 points” with “24 Points” to reflect the actual number of total points that can be awarded;
• subsection 79(2) is amended by replacing the French version of the language assessment tool, Standards linguistiques canadiens 2002, with Niveaux de compétence linguistique canadiens 2006.

Alternatives

There is no alternative to regulating in the area concerned. These amendments to the Regulations are necessary to provide for the implementation of this new facilitative measure in order to allow immigration officers at offices of the Department in Canada to examine applicants in these classes and grant them permanent residence.

Benefits and costs

These amendments to the Regulations will improve client service and minimize the burden placed on some applicants who do not reside near the U.S. border and would need to travel significant distances to a port of entry to be granted permanent resident status. The amendments will also respond to concerns/requests by stakeholders as well as by provinces/territories who want to facilitate the granting of permanent residence to needed skilled workers in their jurisdictions.

These amendments aim to improve existing procedures and not increase the number of foreign nationals being granted permanent residence to Canada; the number of admissions will remain the same but the workload will be distributed differently between ports of entry and offices of the Department in Canada. Costs associated with this process will be offset by application fees and funds will be redistributed internally, as necessary.

Consultation

The Department consulted with provinces/territories and stakeholders, such as immigration lawyers and consultants, employers and immigrant associations, on this issue and there is strong support from all parties. This measure is also in keeping with the Government’s commitments in Advantage Canada and Budget 2007 to facilitate the granting of permanent residence to foreign nationals with Canadian work experience.

When the proposal was pre-published on April 19, 2008, a component relating to the written language test was included. In light of the input provided by a stakeholder, the Department has decided to remove the written language test component from this proposal. No comments on the proposed facilitation of admission measures, or the technical amendments, were received during the 30-day comment period which ended on May 19, 2008.

Compliance and enforcement

The Department has developed a comprehensive operational plan to ease implementation of this measure. Operational system changes are anticipated to be ready in time for the effective date. In order to manage expectations, the communications strategy will clearly articulate the population eligible for this facilitated process.

Contact

Heidi Smith
Director
Permanent Resident Policy and Program Development Division
Immigration Branch
Citizenship and Immigration Canada
365 Laurier Avenue West
Ottawa, Ontario
K1A 1L1
Telephone: 613-954-4214
Fax: 613-954-0850
Email: heidi.smith@cic.gc.ca

Footnote a
S.C. 2001, c. 27

Footnote 1
SOR/2002-227

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