Legal references related to permanent residence
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
This page currently includes only information about some economic and non-economic classes and the permanent resident card and status. This page will change as the rest of the permanent residence manual chapters are modernized. In the meantime, consult relevant IP and OP manual chapters for information about other permanent resident programs.
Designation and Delegation of Authority
The Minister of Citizenship, Immigration and Multiculturalism has delegated powers and designated those officials authorized to carry out any purpose of any provisions legislative or regulatory in IL 3 (PDF, 922.26KB).
Economic classes
Express Entry
| For more information about | Refer to |
|---|---|
| Authority for Express Entry | Division 0.1 Invitation to Make an Application |
| Requirement to be invited to apply | A10.1(1) |
| Requirement to submit an expression of interest | A10.1(3) |
| Authority to issue instructions related to the operation and management of Express Entry | A10.3(1) |
| Immigration classes subject to Express Entry | A10.3(1)(a), MI 2 |
| Portion of PNP subject to Express Entry | A10.1(2.1), MI 2(d) |
| Mandatory electronic APR | A14(5), R12.01(1) |
| Mandatory electronic Express Entry submission | A10.3(1)(c), MI 3(1) |
| Exemption from requirement to submit an electronic APR | A14(5), R12.02(1) |
| Exemption from requirement to submit an electronic Express Entry profile | A10.3(1)(d), MI 4 |
| Minimum Entry Criteria for Express Entry | A10.3(1)(e), MI 5(1) |
| Exemption from the requirement to register with the Government of Canada’s Job Bank | A10.3(1)(e), MI 5(3) |
| Rank a candidate must occupy to be issued an invitation and basis on which a candidate may be ranked | A10.3(1)(h), A10.3(1)(i), MI 8(1) |
| Comprehensive Ranking System and number of points to be assigned | A10.3(1)(h), MI 8 to 32 |
| Period of validity of an Express Entry profile | A10.3(1)(f), MI 6 |
| Period within which an application must be made once an invitation has been issued | A10.3(1)(k), MI 32(1) |
| Information-sharing | A10.4, A10.3(1)(g), MI 7(1),(2) |
Definition for Express Entry: “Accompanying spouse or common-law partner” “Invitation” “Qualifying offer of arranged employment” |
MI, section 1 (definition) |
| Requirements for application before entering Canada | A11(1) |
| Requirement to maintain qualifications and change in circumstance | A11.2 |
| Public policy considerations | A25.2(1) |
| Grounds for inadmissibility | A33, A34, A35, A36, A37, A38, A39, A40, A41, A42 |
| Misrepresentation | A40(2)(a) |
| Requirement to submit a complete application | R10 |
| Applicants outside Canada | R67 |
| Applicants in Canada | R68 |
| Requirements for a foreign national to become a permanent resident in Canada | R72 |
| Federal Skilled Worker Class | R75-85.6 |
| Provincial Nominee Class | R87 |
| Canadian Experience Class | R87.1 |
| Federal Skilled Trades Class | R87.2 |
Instruments & delegations
- Public policy to exempt applications for permanent residence from certain age-based requirements between invitation to apply and application.
- Public policy concerning economic class permanent residence applicants and Express Entry candidates whose language proficiency cannot be tested in all four language skill areas due to a physical or mental disability.
Canadian experience class
Federal skilled trades class
| For more information about | Refer to |
|---|---|
| Attainment of immigration goals | A3(1) |
| Application, form and content | A11, R10 |
| Place of application for visa | R11 |
| Return of an application | R12 |
| Production of supporting documents | R13 |
| Visa issuance by officer | R70(1) |
| Economic class | A12(2) |
| Inadmissibility | A33 to A43 |
| Skilled trade occupation | R87.2(1) |
| Federal skilled trades class and membership | R87.2(2) and (3) |
| Substitution of officer's evaluation | R87.2(4) |
| Requirement for settlement funds | R87.2(5) |
Federal skilled workers class
| For more information about | Refer to |
|---|---|
| Attainment of immigration goals | A3(1) |
| Application, form and content | A11, R10 |
| Place of application for visa | R11 |
| Return of an application | R12 |
| Production of supporting documents | R13 |
| Visa issuance by an officer | R70(1) |
| Economic class | A12(2) |
| Inadmissibility | A33 to A43 |
| Obtaining status (skilled worker) | R71.1 |
| Minimal requirements of a skilled worker | R75(2) |
| Minimum number of points required | R75(1), R76(2), R75(3) |
| Language proficiency thresholds and designation for evaluating language proficiency | R74 |
| Selection grid | |
| Education | R78 |
| Language proficiency | R79 |
| Work experience | R80 |
| Age | R81 |
| Arranged employment | R82 |
| Adaptability | R83 |
| Settlement funds requirement | R76(1)(b)(i) |
| Substituted evaluation | R76(3) and (4) |
| Transition rules | R361 |
Home Child Care Provider Class and Home Support Worker Class (Category A – Gaining experience)
| For more information about | Refer to |
|---|---|
| Language Proficiency | MI32 2(3)(a)(i) |
| Education | MI32 2(3)(a)(ii) |
| Offer of Employment | MI32 2(3)(a)(iii) |
| Likely to accept job offer | MI32 2(3)(a)(iv) |
| Ability to perform work | MI32 2(3)(a)(v) |
| Work Experience | MI32 2(3)(b) and 2(5) |
| Processing fees | MI32 3 |
| Period of application (MI 4) | MI32 4 |
Home Child Care Provider Class and Home Support Worker Class (Category B – Direct to permanent residence)
| For more information about | Refer to |
|---|---|
| Language proficiency | MI32 2(4)(b) |
| Education | MI32 2(4)(b) |
| Work Experience | MI32 2(4)(a) and 2(5) |
| Processing fees | MI32 3 |
| Period of application (MI 4) | MI32 4 |
Immigrant investors
| For more information about | Refer to |
|---|---|
| Attainment of immigration goals and authority for the Ministerial Instructions | A3(1), A14.1 and A87.3 |
| Application form and content | A11 and R10 |
| Establishment of class and membership in the class | MI 2(1) and (2) |
| Supporting documentation | MI 3 |
| Production of other documents | MI 4 |
| Minimal requirements | MI 6 |
| Processing fees | MI 8 |
Provincial nominees
| For more information about | Refer to |
|---|---|
| Federal-provincial agreements | A8 |
| Selection of a member of the economic class | A12(2) |
| Form and content of application | R10 |
| Becoming a permanent resident | R71.1 |
| Provincial nominee class | R87 |
| Being named in a nomination certificate | R87 (2)(a) |
| Intention to reside in nominating province | R87 (2)(b) |
| Substitution of evaluation | R87 (3) |
| Concurrence of a second officer | R87 (4) |
Exclusion from the provincial nominee class
|
R87(5) and R87(6)
|
| Requirements to maintain qualifications and change in circumstances | A11.2 |
| Inadmissibility for financial reasons | A39 |
| Obligation to answer truthfully | A16(1) |
| Misrepresentation | A40 |
| Report on inadmissibility | A44(1) |
| Non-compliance | A41 |
| Obligation on entry | A20(2) |
| Work and study in Canada | A30(1) |
International conventions and agreements
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