Applications for Permanent Residence from within Canada

• Author: Donald Galloway
• Pages: 197-209

CHAPTER

11

APPLICATIONS

FOR

PERMANENT

RESIDENCE

FROM

WITHIN

CANADA

As

stated

in

chapter

6,

section

9(1)

of the

Immigration

Act

provides that,

as a

general

rule,

every

immigrant shall apply

for and

obtain

a

visa

before

appear-

ing at a

port

of

entry. There are, however, some important exceptions

to

this

general rule. First,

as

outlined

in

chapter

15,

section 46.06

of

the Act

provides

that

those

who

have been determined

in

Canada

to be

Convention

refugees

may

apply

for

permanent residence

from

within Canada.

Second,

section 6(5)

of the Act

provides that

an

immigrant

and all

dependants,

if

any,

may be

granted landing

for

reasons

of

public policy

or

compassionate

or

humanitarian consider-

ations

if the

immigrant

is a

member

of a

class

of

immigrants prescribed

by

regulations made under paragraph

114(l)(e)

and the

immigrant

meets

the

landing

requirements

prescribed

under

that paragraph.

Section

114(l)(e)

of the Act

authorizes

the

making

of

regulations

prescribing,

for the

purposes

of

subsection 6(5), classes

of

immigrants

and

landing requirements

in

respect

of

immigrants

and

their depen-

dants

and

specifying,

with

respect

to any

such

class,

at

what stage

of

assessing applications

for

landing

all or

part

of the

landing require-

ments

shall

be

applied[.]

Two

such

classes

of

immigrant

who may

apply

for

landing

from

within Canada merit attention:

the

class

of

live-in caregivers

and the

class

of

post-determination

refugee

claimants

in

Canada.

The

first

of

these will

be

considered

in

this chapter;

the

second

in

chapter

15.

197