ARCHIVED – Operational Bulletins 076 – September 17, 2008

Regulatory Changes to the Landing of Permanent Residents

This Operational Bulletin has expired. Please refer to manual OP 7b – Provincial Nominees (PDF, 221.2KB) for current information.

Background

With the introduction of the Canadian Experience Class (CEC), launched on September 17, 2008, amendments were made to the Immigration and Refugee Protection Regulations to allow foreign nationals with valid temporary resident status in Canada to be granted permanent residence from within Canada. The changes make it easier for these temporary residents to acquire permanent residence since they no longer need to do so at a port of entry (POE). These regulatory changes apply to all foreign nationals in the Economic and Family classes who have valid temporary resident status in Canada (i.e., workers, students or visitors).

This regulatory change improves client service since the requirement to leave Canada is an inconvenience for many who do not live near the U.S. border. It also responds to demands made by stakeholders as well as by provincial and territorial representatives, who want to facilitate the granting of permanent residence to needed immigrants in their jurisdictions.

Foreign nationals who hold permanent resident visas in Canada continue to have the option of reporting to a POE in order to be granted permanent residence, if that is more convenient. Any foreign national outside Canada stills needs to obtain permanent residence at a POE.

Regulatory Changes

R74, R85.4, R86(3), R86(4) and R87(7), which were related to obtaining status, have been repealed and replaced by a new general provision (see below). R87(8), which provided for the granting of Canadian permanent residence to work permit holders, has also been repealed.

A new section, R71.1, has been created and states that:

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;
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.

The above regulatory changes mean that clients in Canada with valid temporary resident status may:

• contact the Call Centre to request an appointment at a local CIC office, with their family members, if applicable, to be granted permanent resident status at that location; or
• leave Canada and obtain permanent residence upon re-entry to Canada at a POE.

If they are outside Canada, they must:

• obtain permanent residence upon entry to Canada at a POE.

Instructions

The template letters that accompany visas must be amended by missions to include the following paragraph:

Please note that if you are already in Canada and have valid temporary resident status, you now have the option of obtaining your permanent resident status in Canada as opposed to leaving Canada and re-entering at a port of entry. Please contact CIC’s Call Centre at 1-888-242-2100 as soon as possible to arrange an appointment with the nearest Citizenship and Immigration office to your place of residence. (You cannot call this number if you are outside Canada.)