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Immigration and Refugee Protection Regulations

r. 65 Member of class

  • PART 5 Permanent Residents
  • DIVISION 4 Permit Holders Class
  • Permanent Residents

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

The law says

IRPR r. 65
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65 A foreign national is a permit holder and a member of the permit holder class if

  • (a)they have been issued a temporary resident permit under subsection 24(1) of the Act;
  • (b)they have continuously resided in Canada as a permit holder for a period of
  • (i)at least three years, if they
  • (A)are inadmissible on health grounds under subsection 38(1) of the Act,
  • (B)are inadmissible under paragraph 42(1)(a) of the Act on grounds of an accompanying family member who is inadmissible under subsection 38(1) of the Act, or
  • (C)are inadmissible under paragraph 42(1)(b) of the Act on grounds of being an accompanying family member of a foreign national who is inadmissible
  • (I)under subsection 38(1) of the Act, or (II)under paragraph 42(1)(a) of the Act on grounds of an accompanying family member who is inadmissible under subsection 38(1) of the Act,
  • (ii)at least five years, if they are inadmissible on any other grounds under the Act, except sections 34 to 35.1 and subsections 36(1) and 37(1) of the Act;
  • (c)they have not become inadmissible on any ground since the permit was issued; and
  • (d)in the case of a foreign national who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

IRPA Authority

Amendment History (2)
  • SOR/2004-167, s. 20; SOR/2014-269, ss. 6, 7
  • 2023, c. 19, s. 18

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

Sections numbered under r. 65

Each of these is its own section of the Regulations, numbered after section 65.

IRPR r. 65.1

Becoming a permanent resident

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What that means

This is the route to permanent residence for people living in Canada on a temporary resident permit. You must apply as a permit holder, be here to settle for good, meet the class requirements and hold a valid travel document. A medical certificate is needed too. It must come from an exam in the past 12 months. Last, you and your family members must not be inadmissible, which means barred from entering or staying, on any new ground. The ground the officer already weighed when issuing your permit does not count. Protected persons and certain refugees who cannot get a passport may use the other identity documents the refugee rules allow.

The law says

(1)A foreign national in Canada who is a permit holder and a member of the permit holder class becomes a permanent resident if, following an examination, it is established that

  • (a)they have applied to remain in Canada as a permanent resident as a member of that class;
  • (b)they are in Canada to establish permanent residence;
  • (c)they meet the selection criteria and other requirements applicable to that class;
  • (d)they hold
  • (i)subject to subsection (4), a document described in any of paragraphs 50(1)(a) to (h), and
  • (ii)a medical certificate — based on the most recent medical examination to which they were required to submit under paragraph 16(2)(b) of the Act and which took place within the previous 12 months — that indicates that their health condition is not likely to be a danger to public health or public safety and is not reasonably expected to cause excessive demand; and
  • (e)they and their family members, whether accompanying or not, are not inadmissible on any ground other than the grounds on which an officer, at the time the permit was issued, formed the opinion that the foreign national was inadmissible.

Criteria in the Province of Quebec

(2)For the purposes of paragraph (1)(c), the selection criterion applicable to a foreign national who intends to reside in the Province of Quebec as a permanent resident and who is not a person whom the Board has determined to be a Convention refugee is met by evidence that the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

Foreign nationals without a passport or other travel document

(3)The following foreign nationals who are not holders of a document described in any of paragraphs 50(1)(a) to (h) may submit with their application a document described in paragraph 178(1)(a) or (b):

  • (a)a protected person within the meaning of subsection 95(2) of the Act;
  • (b)a person who was determined to be a Convention refugee seeking resettlement under the Immigration Regulations, 1978, as enacted by Order in Council P.C. 1978-486 dated February 23, 1978 and registered as SOR/78-172, if under the Act or section 69.2 of the former Act, within the meaning of section 187 of the Act,
  • (i)no determination has been made to vacate that determination, or
  • (ii)no determination has been made that the person ceased to be a Convention refugee; and
  • (c)a member of the country of asylum class or the source country class under the Humanitarian Designated Classes Regulations, as enacted by Order in Council P.C. 1997-477 dated April 8, 1997 and registered as SOR/97-183.

Alternative documents

(4)A document submitted under subsection (3) shall be accepted in lieu of a document described in any of paragraphs 50(1)(a) to (h) if it satisfies the requirements of paragraphs 178(2)(a) or (b).

Related regulations

IRPR r. 64Permit holder classIRPR r. 65.1Becoming a permanent resident