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

Section 5.01 Disposition versions

2012-09-01

5.01. A foreign national staying temporarily in Québec may file an application for a selection certificate in Québec if

(a)  in the case where the main purpose of the stay is to study,

i.  the foreign national holds a certificate of acceptance, a study permit or a temporary resident permit, except if the foreign national is exempt therefrom under this Regulation or the Immigration and Refugee Protection Regulations (SOR/02-227);

ii.  the foreign national complies with the conditions of the certificate or permit;

iii.  the foreign national pursues, or has successfully completed, a secondary-level vocational training program of 900 hours or more, a program of full-time college or undergraduate studies of 12 months or more, a graduate specialization or a master’s program or a doctoral program in a Québec educational institution in Québec; and

iv.  if the foreign national pursues graduate studies or another program whose duration is less than 18 months, the foreign national has completed half of those studies or, if the other program is 18 months or more, the foreign national only has 12 months or less to complete the program;

(b)  in the case where the main purpose of the stay is to work, the foreign national

i.  holds a certificate of acceptance, a work permit or a temporary resident permit, except if the foreign national is exempt therefrom under this Regulation or the Immigration and Refugee Protection Regulations;

ii.  complies with the conditions of the certificate or permit; and

iii.  has been lawfully admitted in the territory for a period or consecutive periods totalling at least 1 year;

(b.1)  in the case where the foreign national participates in a youth exchange program under an international agreement entered into by Québec or Canada,

i.  the foreign national holds a work permit and complies with the conditions of the permit;

ii.  the foreign national has been lawfully admitted in the territory for a period or consecutive periods totalling at least 1 year; and

iii.  the foreign national holds full-time employment at the time of filing the foreign national’s application; or

(c)  the foreign national is a temporary resident within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) and has lost Canadian citizenship.

O.C. 838-2006, s. 3; O.C. 1289-2009, s. 2.