Section 20.2 — Immigration and Refugee Protection Act: Application for permanent residence — restriction

A designated foreign national may not apply to become a permanent resident if they have made a claim for refugee protection but have not made an application for protection, until five years after the day on which a final determination in respect of the claim is made; if they have made an application for protection, until five years after the day on which a final determination in respect of the application is made; or in any other case, until five years after the day on which they become a designated foreign national. The processing of an application for permanent residence of a foreign national who, after the application is made, becomes a designated foreign national is suspended if the foreign national has made a claim for refugee protection but has not made an application for protection, until five years after the day on which a final determination in respect of the claim is made; if the foreign national has made an application for protection, until five years after the day on which a final determination in respect of the application is made; or in any other case, until five years after the day on which the foreign national becomes a designated foreign national. The officer may refuse to consider an application for permanent residence if the designated foreign national fails, without reasonable excuse, to comply with any condition imposed on them under subsection 58(4) or section 58.1 or any requirement imposed on them under section 98.1; and less than 12 months have passed since the end of the applicable period referred to in subsection (1) or (2).