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Immigration and Refugee Protection Act

s. 20 Obligation on entry

  • PART 1: Immigration to Canada
  • DIVISION 3: Entering and Remaining in Canada
  • Admissibility

Last verified: June 2026 · Source: justice.gc.ca

The law says

IRPA s. 20
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(1)Every foreign national, other than a foreign national referred to in section 19, who seeks to enter or remain in Canada must establish,

  • (a)to become a permanent resident, that they hold the visa or other document required under the regulations and have come to Canada in order to establish permanent residence; and
  • (b)to become a temporary resident, that they hold the visa or other document required under the regulations and will leave Canada by the end of the period authorized for their stay.

Declaration

(1.1)A foreign national who is the subject of a declaration made under subsection 22.1(1) must not seek to enter or remain in Canada as a temporary resident.

Provincial criteria

(2)A foreign national referred to in subsection 9(1) must also establish, to become a permanent resident, that they hold a document issued by the province indicating that the competent authority of the province is of the opinion that the foreign national complies with the province’s selection criteria.

Sections this one cites

Justice Laws is the authoritative version. If this copy and it ever differ, Justice Laws wins.

Sections numbered under s. 20

Each of these is its own section of the Act, numbered after section 20.

IRPA s. 20.01

Document — cancellation, suspension or variation

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What that means

A visa or other document can still be changed after it is issued. In the cases the regulations set out, an officer can cancel it, put it on hold or change it. The section sets two limits. This power adds to the other cancellation powers and does not replace them. And changing a document can never be used to hand someone permanent residence.

The law says

(1)An officer may, in the prescribed circumstances, cancel, suspend or vary a visa or other document.

For greater certainty

(2)For greater certainty, subsection (1) does not affect any other lawful authority to cancel, suspend or vary a visa or other document.

For greater certainty

(3)For greater certainty, the authority to vary under subsection (1) does not include the authority to grant permanent resident status.

IRPA s. 20.1

Designation — human smuggling or other irregular arrival

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What that means

The Minister can label a group arrival irregular in two cases. The first is when officers cannot sort out who everyone is in reasonable time. The second is when there are grounds to suspect smuggling for profit or by a criminal or terrorist group. Each person in that group becomes a designated foreign national. The only way out is to hold the required visa and satisfy an officer that they are not inadmissible (s.20.1(2)). A much harsher set of rules then applies to them.

The law says

(1)The Minister may, by order, having regard to the public interest, designate as an irregular arrival the arrival in Canada of a group of persons if he or she

  • (a)is of the opinion that examinations of the persons in the group, particularly for the purpose of establishing identity or determining inadmissibility — and any investigations concerning persons in the group — cannot be conducted in a timely manner; or
  • (b)has reasonable grounds to suspect that, in relation to the arrival in Canada of the group, there has been, or will be, a contravention of subsection 117(1) for profit, or for the benefit of, at the direction of or in association with a criminal organization or terrorist group.

Effect of designation

(2)When a designation is made under subsection (1), a foreign national — other than a foreign national referred to in section 19 — who is part of the group whose arrival is the subject of the designation becomes a designated foreign national unless, on arrival, they hold the visa or other document required under the regulations and, on examination, the officer is satisfied that they are not inadmissible.

Statutory Instruments Act

(3)An order made under subsection (1) is not a statutory instrument for the purposes of the Statutory Instruments Act. However, it must be published in the Canada Gazette.

IRPA s. 20.2

Application for permanent residence — restriction

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What that means

A designated foreign national has to wait five years before applying for permanent residence. If they made a refugee claim or protection application, the wait counts from the final decision on it. Otherwise it counts from the day they became a designated foreign national (s.20.2(1)(c)). An application already filed is frozen for the same five years. If they also broke a release condition or reporting requirement without a reasonable excuse, an officer can refuse to look at the application for up to a year longer (s.20.2(3)).

The law says

(1)A designated foreign national may not apply to become a permanent resident

  • (a)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;
  • (b)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
  • (c)in any other case, until five years after the day on which they become a designated foreign national.

Suspension of application for permanent residence

(2)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

  • (a)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;
  • (b)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
  • (c)in any other case, until five years after the day on which the foreign national becomes a designated foreign national.

Refusal to consider application

(3)The officer may refuse to consider an application for permanent residence if

  • (a)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
  • (b)less than 12 months have passed since the end of the applicable period referred to in subsection (1) or (2).

Guides that explain this section

Canada Permanent Residence: All the Ways to Get PRCanada Digital Nomad & Remote Worker Guide: Can You Work Remotely in Canada?Why Canada Visitor Visas Get Refused: Top Reasons ExplainedCanada Visitor Visa Approval Rates by CountryCan You Enter Canada with a DUI?How Long Can You Stay in Canada as a Visitor?

Explained in depth in the textbooks

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Related sections

IRPA s. 19Right of entry of citizens and IndiansIRPA s. 20.01Document — cancellation, suspension or variation