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

Section 27 Disposition versions

2012-09-01

27. (1)  Where a foreign national domiciled in Québec in the class of foreign nationals in a particularly distressful situation referred to in paragraph a of section 18 files an application with the Minister for a selection certificate, the Minister may issue the selection certificate.

(2)  Where a foreign national in the class of foreign nationals in a particularly distressful situation referred to in paragraphs b and c of section 18 files an application with the Minister for a selection certificate, the Minister may issue the selection certificate if in the Minister’s opinion the foreign national has settled or is able to settle successfully in Québec society.

The Minister takes into account the level of distress, in particular as a result of the foreign national’s physical integrity being threatened. The Minister also takes into account the personal qualities and language proficiency of the foreign national and accompanying family members, the presence of accompanying dependent children, a relationship with a Québec resident who is the spouse, including de facto spouse, or a relative in the first or second degree, any work experience, remunerated or not, of the foreign national or an accompanying family member, the steps taken by a sponsor in accordance with this Regulation and, in the case of a foreign national referred to in paragraph b of section 18, any financial or other assistance offered to the foreign national in Québec.

(3)  If the foreign national is covered by subparagraph i of paragraph c of section 18, the Minister also takes into account,

(a)  if the foreign national is a family member of a person referred to in section 25 of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) or sections 110 to 115 of the Immigration and Refugee Protection Regulations (SOR/02-227), the steps taken by a sponsor pursuant to paragraph 1 of section 40.1;

(b)  if the foreign national is of full age, the steps taken by a sponsor pursuant to subparagraph a of paragraph 2 of section 40.1; and

(c)  in the case of a foreign national whose application for permanent residence is processed in Canada and who is a family member of a Québec resident, the fact that the foreign national is the subject of an undertaking given by the resident on the form prescribed by the Minister that satisfies the conditions set out in subparagraphs b, b.1 and b.3 to b.7 of the first paragraph of section 23 and the conditions in sections 42 and 46.1 to 46.3 and whose duration is that required by subparagraph i, ii or iii of subparagraph a of the first paragraph of section 23.

(4)  If the foreign national is covered by subparagraph iv of paragraph c of section 18, the Minister also takes into account the steps taken by a sponsor pursuant to paragraph 2 of section 40.1.

(4.1)  Where a foreign national in the class of foreign nationals in a particularly distressful situation referred to in paragraph d of section 18 files an application with the Minister for a selection certificate, the Minister may issue the selection certificate if in the Minister’s opinion the foreign national has settled successfully in Québec society, taking into account the steps taken to find employment, employments held, training received, his or her children’s integration in school and his or her participation in community life.

(5)  A selection certificate may be issued to the family member who will follow a foreign national referred to in paragraph a or b of section 18 if

(a)  the family member has been included in the foreign national’s application or was added to the application before the foreign national’s departure for Québec;

(b)  the family member files the application abroad within 1 year after the date on which the foreign national settles in Québec and the foreign national is still residing in Québec; or

(c)  the sponsor referred to in section 30 has given an undertaking on the family member’s behalf.

R.R.Q., 1981, c. M-23.1, r. 2, s. 27; O.C. 771-82, s. 2; O.C. 1504-88, s. 8; O.C. 828-96, s. 9; O.C. 93-97, s. 1; O.C. 413-2000, s. 7; O.C. 728-2002, s. 17; O.C. 351-2003, s. 7; O.C. 838-2006, s. 16; O.C. 1289-2009, s. 6.