Immigration and Refugee Protection Regulations
Sections and provisions with full text and the judgments that cite each one.
Section 112
[Repealed, SOR/2017-78, s. 6]
Section 113
[Repealed, SOR/2017-78, s. 6]
Section 114
[Repealed, SOR/2017-78, s. 6]
Section 114.1
[Repealed, SOR/2017-78, s. 6]
Section 115
[Repealed, SOR/2017-78, s. 6]
Section 116 — Family class
For the purposes of subsection 12(1) of the Act, the family class is hereby prescribed as a class of persons who may become permanent residents on the basis of the requirements of this Division.
Section 117 — Member
A foreign national is a member of the family class if, with respect to a sponsor, the foreign national is the sponsor’s spouse, common-law partner or conjugal partner; a dependent child of the…
Section 118 — Medical condition
A foreign national who is an adopted dependent child or is a person referred to in paragraph 117(1)(f) or (g) shall not be issued a permanent resident visa as a member of the family class unless the…
Section 119 — Withdrawal of sponsorship application
A decision shall not be made on an application for a permanent resident visa by a member of the family class if the sponsor withdraws their sponsorship application in respect of that member.
Section 120 — Approved sponsorship application
For the purposes of Part 5, a permanent resident visa shall not be issued to a foreign national who makes an application as a member of the family class or to their accompanying family members unless…
Section 121 — Requirements
Subject to subsection 25.1(1), a person who is a member of the family class or a family member of a member of the family class who makes an application under Division 6 of Part 5 must be a family…
Section 122 — Requirements for accompanying family members
A foreign national who is an accompanying family member of a person who makes an application as a member of the family class shall become a permanent resident if, following an examination, it is…
Section 123 — Class
For the purposes of subsection 12(1) of the Act, the spouse or common-law partner in Canada class is hereby prescribed as a class of persons who may become permanent residents on the basis of the…
Section 124 — Member
A foreign national is a member of the spouse or common-law partner in Canada class if they are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada; have temporary…
Section 125 — Excluded relationships
A foreign national shall not be considered a member of the spouse or common-law partner in Canada class by virtue of their relationship to the sponsor if [Repealed, SOR/2023-249, s. 7] the foreign…
Section 126 — Withdrawal of sponsorship application
A decision shall not be made on an application for permanent residence by a foreign national as a member of the spouse or common-law partner in Canada class if the sponsor withdraws their sponsorship…
Section 127 — Approved sponsorship application
For the purposes of Part 5, a foreign national who makes an application as a member of the spouse or common-law partner in Canada class and their accompanying family members shall not become a…
Section 128 — Requirements — family member
The requirements with respect to a person who is a family member of a member of the spouse or common-law partner in Canada class who makes an application under Division 6 of Part 5 are the following:…
Section 129 — Requirements for accompanying family members
A foreign national who is an accompanying family member of a person who makes an application as a member of the spouse or common-law partner in Canada class shall become a permanent resident if,…
Section 130 — Sponsor
Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an…
Section 131 — Sponsorship undertaking
The sponsor’s undertaking shall be given to the Minister; or if the sponsor resides in a province that has entered into an agreement referred to in subsection 8(1) of the Act that enables the…
Section 132 — Undertaking — duration
Subject to subsection (2), the sponsor’s undertaking obliges the sponsor to reimburse Her Majesty in right of Canada or a province for every benefit provided as social assistance to or on behalf of…
Section 133 — Requirements for sponsor
A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application,…
Section 134 — Income calculation rules
Subject to subsection (3), for the purpose of clause 133(1)(j)(i)(A), the sponsor’s total income shall be calculated in accordance with the following rules: the sponsor’s income shall be calculated…
Section 135 — Default
For the purpose of subparagraph 133(1)(g)(i), the default of a sponsorship undertaking begins when a government makes a payment that the sponsor has in the undertaking promised to repay, or an…
Section 136 — Suspension during proceedings against sponsor or co-signer
If any of the following proceedings are brought against a sponsor or co-signer, the sponsorship application shall not be processed until there has been a final determination of the proceeding: the…
Section 137 — Undertaking — Province of Quebec
If the sponsor resides in the Province of Quebec, the government of which has entered into an agreement referred to in paragraph 131(b), the sponsor’s undertaking, given in accordance with section…
Section 137.1 — Collection of social insurance number
The Minister may collect the social insurance numbers of a sponsor and a co-signer who have submitted an application to sponsor a person set out in clause 133(1)(j)(i)(B), in order to verify that…
Section 138 — Definitions
The definitions in this section apply in this Division and in Division 2. group means five or more Canadian citizens or permanent residents, each of whom is at least 18 years of age, who are acting…
Section 139 — General requirements
A permanent resident visa shall be issued to a foreign national in need of refugee protection, and their accompanying family members, if following an examination it is established that the foreign…
Section 140 — Class of family members
Family members of an applicant who is determined to be a member of a class under this Division are members of the applicant’s class.
Section 140.1 — Application
An application for a permanent resident visa submitted by a foreign national under this Division shall indicate that the foreign national is outside Canada and is making a claim for refugee…
Section 140.2 — Sponsorship of foreign national — requirement to attach applications
If the foreign national making an application for a permanent resident visa under this Division is being sponsored, the application for a permanent resident visa shall be accompanied by a sponsorship…
Section 140.3 — Referral requirement
If the foreign national making an application for a permanent resident visa under this Division is not being sponsored, a foreign national making an application for a permanent resident visa under…
Section 140.4 — Return of documents
An application for a permanent resident visa made under this Division, its related sponsorship application made under Division 2 of this Part and all documents submitted in support of the…
Section 141 — Non-accompanying family member
A permanent resident visa shall be issued to a family member who does not accompany the applicant if, following an examination, it is established that the family member was included in the…
Section 142 — Requirements — family members
Subject to subsections 25.1(1) and (6) to (8) and for the purposes of this Division, to be considered a family member of an applicant, a person must be a family member of the applicant at the time…
Section 143 — Memorandum of understanding
The Minister may enter into a memorandum of understanding with an organization for the purpose of locating and identifying Convention refugees and persons in similar circumstances if the organization…
Section 144 — Convention refugees abroad class
The Convention refugees abroad class is prescribed as a class of persons who may be issued a permanent resident visa on the basis of the requirements of this Division.
Section 145 — Member of Convention refugees abroad class
A foreign national is a Convention refugee abroad and a member of the Convention refugees abroad class if the foreign national has been determined, outside Canada, by an officer to be a Convention…
Section 146 — Person in similar circumstances to those of a Convention refugee
For the purposes of subsection 12(3) of the Act, a person in similar circumstances to those of a Convention refugee is a member of the country of asylum class. The country of asylum class is…
Section 147 — Member of country of asylum class
A foreign national is a member of the country of asylum class if they have been determined by an officer to be in need of resettlement because they are outside all of their countries of nationality…
Section 148
[Repealed, SOR/2011-222, s. 6]
Section 149
[Repealed, SOR/2011-222, s. 6]
Section 150
[Repealed, SOR/2012-225, s. 8]
Section 151 — Travel document
An officer shall issue a temporary travel document to a foreign national who has been determined to be a member of a class prescribed by this Division and who holds a permanent resident visa or a…
Section 151.1 — Protected temporary residents class
The protected temporary residents class is prescribed as a class of persons who may become permanent residents on the basis of the requirements of this section. A foreign national is a protected…
Section 152 — Sponsorship agreements
The Minister may enter into a sponsorship agreement with a sponsor for the purpose of facilitating the processing of sponsorship applications. A sponsorship agreement shall include provisions…
Section 153 — Sponsorship requirements
In order to sponsor a foreign national and their family members who are members of a class prescribed by Division 1, a sponsor must reside or have representatives in the expected community of…
Section 154 — Approval of application
An officer shall approve an application referred to in paragraph 153(1)(b) if, on the basis of the documentation submitted with the application, the officer determines that the sponsor has the…