PART 1Immigration to Canada (continued)
DIVISION 3Entering and Remaining in Canada (continued)
Status and Authorization to Enter (continued)
Humanitarian and compassionate considerations — Minister’s own initiative
25.1 (1) The Minister may, on the Minister’s own initiative, examine the circumstances concerning a foreign national who is inadmissible — other than under section 34, 35 or 37 — or who does not meet the requirements of this Act and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.
Exemption
(2) The Minister may exempt the foreign national from the payment of any applicable fees in respect of the examination of their circumstances under subsection (1).
Provincial criteria
(3) The Minister may not grant permanent resident status to a foreign national referred to in subsection 9(1) if the foreign national does not meet the province’s selection criteria applicable to that foreign national.
- 2010, c. 8, s. 5
- 2013, c. 16, s. 10
Public policy considerations
25.2 (1) The Minister may, in examining the circumstances concerning a foreign national who is inadmissible or who does not meet the requirements of this Act, grant that person permanent resident status or an exemption from any applicable criteria or obligations of this Act if the foreign national complies with any conditions imposed by the Minister and the Minister is of the opinion that it is justified by public policy considerations.
Exemption
(2) The Minister may exempt the foreign national from the payment of any applicable fees in respect of the examination of their circumstances under subsection (1).
Provincial criteria
(3) The Minister may not grant permanent resident status to a foreign national referred to in subsection 9(1) if the foreign national does not meet the province’s selection criteria applicable to that foreign national.
Conditions
(4) The conditions referred to in subsection (1) may include a requirement for the foreign national to obtain an undertaking or to obtain a determination of their eligibility from a third party that meets any criteria specified by the Minister.
- 2010, c. 8, s. 5
- 2012, c. 17, s. 14
Regulations
26 (1) The regulations may provide for any matter relating to the application of sections 18 to 25.2, and may include provisions respecting
(a) entering, remaining in and re-entering Canada;
(b) permanent resident status or temporary resident status, including acquisition of that status;
(b.1) declarations referred to in subsection 22.1(1);
(c) the circumstances in which all or part of the considerations referred to in section 24 may be taken into account;
(d) conditions that may or must be imposed, varied or cancelled, individually or by class, on permanent residents and foreign nationals;
(d.1) undertakings that may or must be given in respect of requests made under subsection 25(1) or undertakings referred to in subsection 25.2(4), and penalties for failure to comply with undertakings;
(d.2) the determination of eligibility referred to in subsection 25.2(4); and
(e) deposits or guarantees of the performance of obligations under this Act that are to be given to the Minister.
Exemptions
(2) The regulations may exempt persons or categories of persons from the application of section 18 and prescribe the conditions under which the exemption applies.
- 2001, c. 27, s. 26
- 2010, c. 8, s. 6
- 2012, c. 17, s. 15
- 2013, c. 16, s. 11
- 2017, c. 11, s. 6
Rights and Obligations of Permanent and Temporary Residents
Right of permanent residents
27 (1) A permanent resident of Canada has the right to enter and remain in Canada, subject to the provisions of this Act.
Conditions
(2) A permanent resident must comply with any conditions imposed under the regulations or under instructions given under subsection 14.1(1).
- 2001, c. 27, s. 27
- 2012, c. 19, s. 704
Residency obligation
28 (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
Application
(2) The following provisions govern the residency obligation under subsection (1):
(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are
(i) physically present in Canada,
(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,
(iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or
(v) referred to in regulations providing for other means of compliance;
(b) it is sufficient for a permanent resident to demonstrate at examination
(i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident;
(ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination; and
(c) a determination by an officer that humanitarian and compassionate considerations relating to a permanent resident, taking into account the best interests of a child directly affected by the determination, justify the retention of permanent resident status overcomes any breach of the residency obligation prior to the determination.
