Immigration and Refugee Protection Regulations
Last verified: June 2026 · Source: justice.gc.ca
140 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.
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Each of these is its own section of the Regulations, numbered after section 140.
What that means
A resettlement application must say on its face that you are outside Canada and claiming protection. It must give the names, addresses and countries of birth of everyone coming with you. For family you are leaving behind, it must give names and countries of birth. It must also say whether anyone listed is someone else's spouse or partner. The names of family left behind matter years later, so leaving one out causes real trouble.
The law says
140.1 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 protection and shall
What that means
A private group may be sponsoring you from abroad. If so, your permanent residence application and their sponsorship application travel together. Either yours goes in with theirs, or theirs is attached to yours. When yours goes in with theirs as one package, both go to the department's Case Processing Centre in Canada, not to a visa office overseas.
The law says
(1)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
Place of application
(2)The foreign national who has chosen to have their application for a permanent resident visa accompanied by the sponsorship application shall send the application for a permanent resident visa and the sponsorship application to the Department’s Case Processing Centre in Canada for processing those applications.
What that means
Without a private sponsor, you cannot simply apply for resettlement. You need a referral. It can come from a referral organization such as the UNHCR. It can also come from an arrangement between Canada and a foreign government, or from a resettlement agreement Canada signed with an international organization. There is one opening. The Minister can name a geographic area where people may apply with no referral at all. Applications go to the visa office that serves the place where you live.
The law says
(1)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 this Division shall submit their application with one of the following referrals, if the referral has not yet been submitted to the immigration office by its issuer:
Exception
(2)A foreign national may submit the application without a referral if they reside in a geographic area as determined by the Minister in accordance with subsection (3).
Minister’s determination
(3)The Minister may determine on the basis of the following factors that a geographic area is an area in which circumstances justify the submission of permanent resident visa applications without a referral:
Place of application
(4)If the foreign national who is being referred under any of paragraphs (1)(a) to (c) or if the foreign national resides in a geographic area as determined by the Minister in accordance with subsection (3), the foreign national shall submit their application to the immigration office outside Canada that serves the foreign national’s place of residence.
What that means
Applications that miss the basic requirements are sent back without a decision. This happens if your resettlement application lacks the referral or sponsorship it needs (139(1)(b)), or if the sponsorship side misses its own requirements (153). Either way, everything you filed goes back to whoever sent it. Your fingerprints and photo stay on file.
The law says
140.4 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 applications, except the information referred to in subparagraphs 12.3(b)(i) and (ii), shall be returned to the person who sent the applications as a result of the choice made under subsection 140.2(1) if