I-0.2, r. 4 - Regulation respecting the selection of foreign nationals

Full text
23. Upon receipt of an application for a selection certificate filed by a foreign national belonging to the family class, the Minister must issue a selection certificate to the foreign national if a Québec resident at least 18 years of age and related to him under section 19 files an application for undertaking with the Minister on the prescribed form and
(a)  the resident gives the undertaking on the prescribed form:
i.  for 3 years, in the case of a person described in subparagraph a of the first paragraph of section 19;
ii.  for 10 years or, where applicable, until of full age, whichever is the longer period, in the case of a person described in subparagraph b, d or f of the first paragraph of section 19 or a family member accompanying a person referred to in the first paragraph of section 19, if the person or family member is under 16 years of age on the date on which the sponsor’s obligations take effect;
iii.  for 3 years or until the foreign national is 25 years of age, whichever is the longer period, in the case of a person described in subparagraph b, d or f of the first paragraph of section 19 or a family member accompanying a person referred to in section 19, if the person or family member is 16 years of age or over on the date on which the sponsor’s obligations take effect; or
iv.  for 10 years, in the case of a person described in subparagraph c or g of the first paragraph of section 19;
(b)  the resident has complied with the obligations provided for in the undertaking given to the Government or to the minister responsible for the Immigration and Refugee Protection Act (S.C. 2001, c. 27) or, failing that, has reimbursed in full the amounts received as special benefits or last resort assistance benefits in compliance with the Individual and Family Assistance Act (chapter A-13.1.1) or similar benefits referred to in section 145 of the Immigration and Refugee Protection Act;
(b.1)  the resident has not, in the 5 years preceding the filing of the application for an undertaking, been the subject in respect of his spouse or child of forced execution of a court judgment awarding support payment, or of a remedy, a proceeding or a measure for forced execution referred to in section 47 of the Act to facilitate the payment of support (chapter P-2.2) or a recovery measure referred to in section 48, 49, 50 or 53 of that Act or, if the resident has been the subject of such proceedings, the resident has paid all arrears owed;
(b.2)  a Canadian citizen residing abroad may subscribe to an undertaking on behalf of his spouse, de facto spouse, conjugal partner or dependent child who has no dependent children, if he demonstrates that he will reside in Québec when that person will have obtained permanent resident status;
(b.3)  the resident is not the subject of a removal order made under the Immigration and Refugee Protection Act;
(b.4)  the resident is not detained in a penitentiary or prison;
(b.5)  the resident, in the case of an undertaking on behalf of a person of full age or of a minor if that person is his spouse, de facto spouse or conjugal partner, provides a written statement from that person acknowledging that he is aware of the terms and scope of the undertaking;
(b.6)  the resident has not been convicted in Canada under the Criminal Code (R.S.C. 1985, c. C-46) of a sexual offence or an attempt or threat to commit such an offence against any person, or of an offence resulting in bodily harm or an attempt or threat to commit such an offence against a family member or relative, spouse, including de facto spouse or conjugal partner or their family members or relatives; such a condition is removed if the resident has been acquitted in the last instance or pardoned under the Criminal Records Act (R.S.C. 1985, c. C-47) or served the sentence at least 5 years before the date of filing of the application for an undertaking;
(b.7)  the resident has not been convicted outside Canada of an offence that would constitute an offence referred to in paragraph b.6 if it were committed in Canada; such condition shall disappear if he has been the subject of a verdict of acquittal as a final determination, or served his sentence at least 5 years prior to filing his application for an undertaking and if he has established his rehabilitation;
(b.8)  the resident is not a recipient of last resort financial assistance, except owing to his age or disability creating a severely and permanently or indefinitely limited capacity for employment;
(c)  pays the fees prescribed by section 55 for the processing of his application for the undertaking.
The resident’s spouse or de facto spouse may also join into the application and subscribe to the undertaking if that person is a Québec resident and is a least 18 years of age. Other than the condition relating to the required fees, that person is subject to the conditions prescribed in this section.
A resident is exempt from a condition set out in subparagraph b.3 or b.4 or subparagraphs b.6 to b.8 of the first paragraph to the extent that the resident has the same exemption under section 25 of the Immigration and Refugee Protection Act.
The notion of common-law spouse or consort and of conjugal relationship where it applies to de facto spouses applies both to opposite sex and same sex spouses. (1999, chapter 14, s. 37)
R.R.Q., 1981, c. M-23.1, r. 2, s. 23; O.C. 1504-88, s. 5; O.C. 1784-91, s. 7; O.C. 1109-92, s. 1; O.C. 189-93, s. 4; O.C. 1238-94, s. 4; O.C. 1323-95, s. 6; O.C. 578-97, s. 2; O.C. 503-98, s. 2; O.C. 413-2000, s. 6; O.C. 728-2002, s. 13; O.C. 351-2003, s. 5; O.C. 838-2006, s. 14; O.C. 629-2014, s. 2; I.N. 2016-01-01 (NCCP); 974-2017O.C. 974-2017, s. 2.
23. Upon receipt of an application for a selection certificate filed by a foreign national belonging to the family class, the Minister must issue a selection certificate to the foreign national if a Québec resident at least 18 years of age and related to him under section 19 files an application for undertaking with the Minister on the prescribed form and
(a)  the resident gives the undertaking on the prescribed form:
i.  for 3 years, in the case of a person described in subparagraph a of the first paragraph of section 19;
ii.  for 10 years or, where applicable, until of full age, whichever is the longer period, in the case of a person described in subparagraph b, d or f of the first paragraph of section 19 or a family member accompanying a person referred to in the first paragraph of section 19, if the person or family member is under 13 years of age on the date on which the sponsor’s obligations take effect;
iii.  for 3 years or until the foreign national is 22 years of age, whichever is the longer period, in the case of a person described in subparagraph b, d or f of the first paragraph of section 19 or a family member accompanying a person referred to in section 19, if the person or family member is 13 years of age or over on the date on which the sponsor’s obligations take effect; or
iv.  for 10 years, in the case of a person described in subparagraph c or g of the first paragraph of section 19;
(b)  the resident has complied with the obligations provided for in the undertaking given to the Government or to the minister responsible for the Immigration and Refugee Protection Act (S.C. 2001, c. 27) or, failing that, has reimbursed in full the amounts received as special benefits or last resort assistance benefits in compliance with the Individual and Family Assistance Act (chapter A-13.1.1) or similar benefits referred to in section 145 of the Immigration and Refugee Protection Act;
(b.1)  the resident has not, in the 5 years preceding the filing of the application for an undertaking, been the subject in respect of his spouse or child of forced execution of a court judgment awarding support payment, or of a remedy, a proceeding or a measure for forced execution referred to in section 47 of the Act to facilitate the payment of support (chapter P-2.2) or a recovery measure referred to in section 48, 49, 50 or 53 of that Act or, if the resident has been the subject of such proceedings, the resident has paid all arrears owed;
(b.2)  a Canadian citizen residing abroad may subscribe to an undertaking on behalf of his spouse, de facto spouse, conjugal partner or dependent child who has no dependent children, if he demonstrates that he will reside in Québec when that person will have obtained permanent resident status;
(b.3)  the resident is not the subject of a removal order made under the Immigration and Refugee Protection Act;
(b.4)  the resident is not detained in a penitentiary or prison;
(b.5)  the resident, in the case of an undertaking on behalf of a person of full age or of a minor if that person is his spouse, de facto spouse or conjugal partner, provides a written statement from that person acknowledging that he is aware of the terms and scope of the undertaking;
(b.6)  the resident has not been convicted in Canada under the Criminal Code (R.S.C. 1985, c. C-46) of a sexual offence or an attempt or threat to commit such an offence against any person, or of an offence resulting in bodily harm or an attempt or threat to commit such an offence against a family member or relative, spouse, including de facto spouse or conjugal partner or their family members or relatives; such a condition is removed if the resident has been acquitted in the last instance or pardoned under the Criminal Records Act (R.S.C. 1985, c. C-47) or served the sentence at least 5 years before the date of filing of the application for an undertaking;
(b.7)  the resident has not been convicted outside Canada of an offence that would constitute an offence referred to in paragraph b.6 if it were committed in Canada; such condition shall disappear if he has been the subject of a verdict of acquittal as a final determination, or served his sentence at least 5 years prior to filing his application for an undertaking and if he has established his rehabilitation;
(b.8)  the resident is not a recipient of last resort financial assistance, except owing to his age or disability creating a severely and permanently or indefinitely limited capacity for employment;
(c)  pays the fees prescribed by section 55 for the processing of his application for the undertaking.
The resident’s spouse or de facto spouse may also join into the application and subscribe to the undertaking if that person is a Québec resident and is a least 18 years of age. Other than the condition relating to the required fees, that person is subject to the conditions prescribed in this section.
A resident is exempt from a condition set out in subparagraph b.3 or b.4 or subparagraphs b.6 to b.8 of the first paragraph to the extent that the resident has the same exemption under section 25 of the Immigration and Refugee Protection Act.
The notion of common-law spouse or consort and of conjugal relationship where it applies to de facto spouses applies both to opposite sex and same sex spouses. (1999, chapter 14, s. 37)
R.R.Q., 1981, c. M-23.1, r. 2, s. 23; O.C. 1504-88, s. 5; O.C. 1784-91, s. 7; O.C. 1109-92, s. 1; O.C. 189-93, s. 4; O.C. 1238-94, s. 4; O.C. 1323-95, s. 6; O.C. 578-97, s. 2; O.C. 503-98, s. 2; O.C. 413-2000, s. 6; O.C. 728-2002, s. 13; O.C. 351-2003, s. 5; O.C. 838-2006, s. 14; O.C. 629-2014, s. 2; I.N. 2016-01-01 (NCCP).
23. Upon receipt of an application for a selection certificate filed by a foreign national belonging to the family class, the Minister must issue a selection certificate to the foreign national if a Québec resident at least 18 years of age and related to him under section 19 files an application for undertaking with the Minister on the prescribed form and
(a)  the resident gives the undertaking on the prescribed form:
i.  for 3 years, in the case of a person described in subparagraph a of the first paragraph of section 19;
ii.  for 10 years or, where applicable, until of full age, whichever is the longer period, in the case of a person described in subparagraph b, d or f of the first paragraph of section 19 or a family member accompanying a person referred to in the first paragraph of section 19, if the person or family member is under 13 years of age on the date on which the sponsor’s obligations take effect;
iii.  for 3 years or until the foreign national is 22 years of age, whichever is the longer period, in the case of a person described in subparagraph b, d or f of the first paragraph of section 19 or a family member accompanying a person referred to in section 19, if the person or family member is 13 years of age or over on the date on which the sponsor’s obligations take effect; or
iv.  for 10 years, in the case of a person described in subparagraph c or g of the first paragraph of section 19;
(b)  the resident has complied with the obligations provided for in the undertaking given to the Government or to the minister responsible for the Immigration and Refugee Protection Act (S.C. 2001, c. 27) or, failing that, has reimbursed in full the amounts received as special benefits or last resort assistance benefits in compliance with the Individual and Family Assistance Act (chapter A-13.1.1) or similar benefits referred to in section 145 of the Immigration and Refugee Protection Act;
(b.1)  the resident has not, in the 5 years preceding the filing of the application for an undertaking, been the subject in respect of his spouse or child of compulsory execution of a court judgment awarding support payment, or of a remedy, a proceeding or a measure for compulsory execution referred to in section 47 of the Act to facilitate the payment of support (chapter P-2.2) or a recovery measure referred to in section 48, 49, 50 or 53 of that Act or, if the resident has been the subject of such proceedings, the resident has paid all arrears owed;
(b.2)  a Canadian citizen residing abroad may subscribe to an undertaking on behalf of his spouse, de facto spouse, conjugal partner or dependent child who has no dependent children, if he demonstrates that he will reside in Québec when that person will have obtained permanent resident status;
(b.3)  the resident is not the subject of a removal order made under the Immigration and Refugee Protection Act;
(b.4)  the resident is not detained in a penitentiary or prison;
(b.5)  the resident, in the case of an undertaking on behalf of a person of full age or of a minor if that person is his spouse, de facto spouse or conjugal partner, provides a written statement from that person acknowledging that he is aware of the terms and scope of the undertaking;
(b.6)  the resident has not been convicted in Canada under the Criminal Code (R.S.C. 1985, c. C-46) of a sexual offence or an attempt or threat to commit such an offence against any person, or of an offence resulting in bodily harm or an attempt or threat to commit such an offence against a family member or relative, spouse, including de facto spouse or conjugal partner or their family members or relatives; such a condition is removed if the resident has been acquitted in the last instance or pardoned under the Criminal Records Act (R.S.C. 1985, c. C-47) or served the sentence at least 5 years before the date of filing of the application for an undertaking;
(b.7)  the resident has not been convicted outside Canada of an offence that would constitute an offence referred to in paragraph b.6 if it were committed in Canada; such condition shall disappear if he has been the subject of a verdict of acquittal as a final determination, or served his sentence at least 5 years prior to filing his application for an undertaking and if he has established his rehabilitation;
(b.8)  the resident is not a recipient of last resort financial assistance, except owing to his age or disability creating a severely and permanently or indefinitely limited capacity for employment;
(c)  pays the fees prescribed by section 55 for the processing of his application for the undertaking.
The resident’s spouse or de facto spouse may also join into the application and subscribe to the undertaking if that person is a Québec resident and is a least 18 years of age. Other than the condition relating to the required fees, that person is subject to the conditions prescribed in this section.
A resident is exempt from a condition set out in subparagraph b.3 or b.4 or subparagraphs b.6 to b.8 of the first paragraph to the extent that the resident has the same exemption under section 25 of the Immigration and Refugee Protection Act.
The notion of common-law spouse or consort and of conjugal relationship where it applies to de facto spouses applies both to opposite sex and same sex spouses. (1999, chapter 14, s. 37)
R.R.Q., 1981, c. M-23.1, r. 2, s. 23; O.C. 1504-88, s. 5; O.C. 1784-91, s. 7; O.C. 1109-92, s. 1; O.C. 189-93, s. 4; O.C. 1238-94, s. 4; O.C. 1323-95, s. 6; O.C. 578-97, s. 2; O.C. 503-98, s. 2; O.C. 413-2000, s. 6; O.C. 728-2002, s. 13; O.C. 351-2003, s. 5; O.C. 838-2006, s. 14; O.C. 629-2014, s. 2.
23. Upon receipt of an application for a selection certificate filed by a foreign national belonging to the family class, the Minister must issue a selection certificate to the foreign national if a Québec resident at least 18 years of age and related to him under section 19 files an application for undertaking with the Minister on the prescribed form and
(a)  the resident gives the undertaking on the prescribed form:
i.  for 3 years, in the case of a person described in subparagraph a of the first paragraph of section 19;
ii.  for 10 years or, where applicable, until of full age, whichever is the longer period, in the case of a person described in subparagraph b, d or f of the first paragraph of section 19 or a family member accompanying a person referred to in the first paragraph of section 19, if the person or family member is under 16 years of age on the date on which the sponsor’s obligations take effect;
iii.  for 3 years or until the foreign national is 25 years of age, whichever is the longer period, in the case of a person described in subparagraph b, d or f of the first paragraph of section 19 or a family member accompanying a person referred to in section 19, if the person or family member is 16 years of age or over on the date on which the sponsor’s obligations take effect; or
iv.  for 10 years, in the case of a person described in subparagraph c or g of the first paragraph of section 19;
(b)  the resident has complied with the obligations provided for in the undertaking given to the Government or to the minister responsible for the Immigration and Refugee Protection Act (S.C. 2001, c. 27) or, failing that, has reimbursed in full the amounts received as special benefits or last resort assistance benefits in compliance with the Individual and Family Assistance Act (chapter A-13.1.1) or similar benefits referred to in section 145 of the Immigration and Refugee Protection Act;
(b.1)  the resident has not, in the 5 years preceding the filing of the application for an undertaking, been the subject in respect of his spouse or child of compulsory execution of a court judgment awarding support payment, or of a remedy, a proceeding or a measure for compulsory execution referred to in section 47 of the Act to facilitate the payment of support (chapter P-2.2) or a recovery measure referred to in section 48, 49, 50 or 53 of that Act or, if the resident has been the subject of such proceedings, the resident has paid all arrears owed;
(b.2)  a Canadian citizen residing abroad may subscribe to an undertaking on behalf of his spouse, de facto spouse, conjugal partner or dependent child who has no dependent children, if he demonstrates that he will reside in Québec when that person will have obtained permanent resident status;
(b.3)  the resident is not the subject of a removal order made under the Immigration and Refugee Protection Act;
(b.4)  the resident is not detained in a penitentiary or prison;
(b.5)  the resident, in the case of an undertaking on behalf of a person of full age or of a minor if that person is his spouse, de facto spouse or conjugal partner, provides a written statement from that person acknowledging that he is aware of the terms and scope of the undertaking;
(b.6)  the resident has not been convicted in Canada under the Criminal Code (R.S.C. 1985, c. C-46) of a sexual offence or an attempt or threat to commit such an offence against any person, or of an offence resulting in bodily harm or an attempt or threat to commit such an offence against a family member or relative, spouse, including de facto spouse or conjugal partner or their family members or relatives; such a condition is removed if the resident has been acquitted in the last instance or pardoned under the Criminal Records Act (R.S.C. 1985, c. C-47) or served the sentence at least 5 years before the date of filing of the application for an undertaking;
(b.7)  the resident has not been convicted outside Canada of an offence that would constitute an offence referred to in paragraph b.6 if it were committed in Canada; such condition shall disappear if he has been the subject of a verdict of acquittal as a final determination, or served his sentence at least 5 years prior to filing his application for an undertaking and if he has established his rehabilitation;
(b.8)  the resident is not a recipient of last resort financial assistance, except owing to his age or disability creating a severely and permanently or indefinitely limited capacity for employment;
(c)  pays the fees prescribed by section 55 for the processing of his application for the undertaking.
The resident’s spouse or de facto spouse may also join into the application and subscribe to the undertaking if that person is a Québec resident and is a least 18 years of age. Other than the condition relating to the required fees, that person is subject to the conditions prescribed in this section.
A resident is exempt from a condition set out in subparagraph b.3 or b.4 or subparagraphs b.6 to b.8 of the first paragraph to the extent that the resident has the same exemption under section 25 of the Immigration and Refugee Protection Act.
The notion of common-law spouse or consort and of conjugal relationship where it applies to de facto spouses applies both to opposite sex and same sex spouses. (1999, chapter 14, s. 37)
R.R.Q., 1981, c. M-23.1, r. 2, s. 23; O.C. 1504-88, s. 5; O.C. 1784-91, s. 7; O.C. 1109-92, s. 1; O.C. 189-93, s. 4; O.C. 1238-94, s. 4; O.C. 1323-95, s. 6; O.C. 578-97, s. 2; O.C. 503-98, s. 2; O.C. 413-2000, s. 6; O.C. 728-2002, s. 13; O.C. 351-2003, s. 5; O.C. 838-2006, s. 14.