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

Section 19 Disposition versions

2012-09-01

19. The family class designates a foreign national who, in respect of a resident of Québec, is:

(a)  his spouse, de facto spouse or conjugal partner;

(b)  his dependent child;

(c)  his father, his mother, his grandfather or his grandmother;

(d)  his brother, sister, nephew, niece, grandson or granddaughter, an orphan having lost both parents and under 18 years of age who is unmarried or not a de facto spouse;

(e)  (subparagraph revoked);

(f)  an unmarried minor whom the Québec resident intends to adopt and may adopt under Québec law; or

(g)  a relative, regardless of his age or degree of relationship with the Québec resident, where the said Québec resident does not have a spouse or de facto spouse, child, father, mother, grandfather, grandmother, brother, sister, uncle, aunt, nephew or niece:

i.  who is a Canadian citizen, an Indian or a permanent resident within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27);

ii.  whom he could sponsor in accordance with section 23.

The following people are excluded from that class because of their relationship with the resident of Québec:

(a)  his spouse or de facto spouse or conjugal partner, if the resident has previously subscribed to an undertaking to the Minister or the minister responsible for the administration of the Immigration and Refugee Protection Act in respect of another spouse or de facto spouse or conjugal partner and the term prescribed for that undertaking has not ended; and

(b)  his spouse where

i.  the resident or spouse was, at the time of their union, the spouse of a third party; or

ii.  the resident lived separately from his spouse for at least 1 year and one of them is the de facto spouse or conjugal partner of another person.

R.R.Q., 1981, c. M-23.1, r. 2, s. 19; O.C. 1504-88, s. 3; O.C. 1784-91, s. 1; O.C. 1725-92, s. 1; O.C. 1323-95, s. 4; O.C. 828-96, s. 4; O.C. 413-2000, s. 5; O.C. 728-2002, s. 9.