I-0.2.1, r. 5 - Immigration Procedure Regulation

À jour au 29 novembre 2024

Ce document a valeur officielle.

chapter I-0.2.1, r. 5

Immigration Procedure Regulation

Québec Immigration Act

(chapter I-0.2.1, ss. 41 and 43).

DIVISION I FILING OF AN APPLICATION

M.O. 2018-006, Div. I.

1. Every person filing an application with the Minister under the Québec Immigration Act (chapter I-0.2.1) must use the form supplied by the Minister, attach the required documents and, except for an application referred to in the second paragraph, file the application at the Québec immigration office in Montréal.

The following applications must be filed through the website made available for that purpose by the Minister:

(1)  an application for selection filed pursuant to one of the following programs:

(a)  international student program;

(b)  temporary foreign worker program;

(c)  Québec experience program;

(d)  skilled worker selection program;

(e)  any permanent immigration pilot program; or

(f)  any program referred to in section 118.15 of the Québec Immigration Regulation (chapter I-0.2.1, r. 3);

(2)  an application for an undertaking filed pursuant to the program for refugees abroad (Collective sponsorship); and

(3)  an application for the assessment of an employment offer’s impact on Québec’s labour market or an application for the validation of an employment offer.

The second paragraph does not apply to an application for selection filed pursuant to the temporary foreign worker program to work in the agriculture sector or to offer home care.

M.O. 2018-006, s. 1; M.O. 2020-006, s. 1; M.O. 2023-002, s. 3; M.O. 2023-006, s. 1; M.O. 2024-004, s. 1; M.O. 2023-006, s. 3.

1.1. Any document provided in support of an application referred to in the second paragraph of section 1 must be uploaded on the website made available for that purpose by the Minister.

M.O. 2020-006, s. 2; M.O. 2023-006, s. 2; I.N. 2024-02-15; M.O. 2024-004, s. 2; M.O. 2023-002, s. 4.

2. Every application must be filed with payment of the applicable fees required by the Québec Immigration Act (chapter I-0.2.1).

M.O. 2018-006, s. 2.

3. An application for selection under the Program for refugees abroad is deemed to be filed in accordance with section 1 as soon as the minister responsible for the Immigration and Refugee Protection Act (S.C. 2001, c. 27) sends to the Minister the information relating to the foreign national filing the application.

M.O. 2018-006, s. 3.

4. For a foreign national to file an application for selection with the Minister pursuant to the Program for persons selected on the basis of humanitarian considerations while ordinarily resident in Québec, the foreign national must be authorized by the Minister responsible for the Immigration and Refugee Protection Act (S.C. 2001, c. 27) to apply for permanent resident status for humanitarian and compassionate considerations under section 25, 25.1 or 25.2 of that Act.

M.O. 2018-006, s. 4.

4.1. For a foreign national to file an application for selection with the Minister pursuant to the Special program for asylum seekers during COVID-19 (chapter I-0.2.1, r. 6), the foreign national must be authorized by the Minister responsible for the Immigration and Refugee Protection Act (S.C. 2001, c. 27) to apply for permanent resident status for humanitarian and compassionate considerations under section 25.2 of that Act.

M.O. 2020-006, s. 3.

5. An application for selection pursuant to the skilled worker selection program must be filed by a foreign national not later than 60 days after accepting the Minister’s invitation.

That period is increased to 12 months if the application is filed pursuant to component 3 of the program and the foreign national has not indicated in the expression of interest that he or she meets one of the following requirements:

(1)  have authorization to practise his or her occupation in Québec;

(2)  have training or a diploma that is partially or fully recognized by the authority that regulates that occupation in Québec.

For the purposes of this section, the occupation of the foreign national is the occupation that the foreign national has designated as his or her main occupation in the expression of interest.

This section does not apply to an application filed by a foreign national who has already been selected as permanent resident under the program and who files an application to add or remove a family member.

M.O. 2018-006, s. 5; M.O. 2023-002, ss. 5 and 23; M.O. 2024-004, s. 3.

DIVISION II INTERVIEW

M.O. 2018-006, Div. II.

6. For the purposes of sections 54 and 55 of the Québec Immigration Act (chapter I-0.2.1), the Minister may call any foreign national to an interview to have the foreign national demonstrate the truthfulness of the facts set out in his or her statements, to provide the Minister with any information or document the Minister considers relevant or to establish the authenticity, integrity or validity of the documents contained in the foreign national’s application.

For the purposes of the override power provided for in section 58 of the Québec Immigration Regulation (chapter I-0.2.1, r. 3), the Minister may call a foreign national to an interview to determine whether the foreign national may successfully settle in Québec or has an exceptional profile or unique expertise for Québec.

The Minister calls a foreign national to an interview by means of a notice which states the date and place of the interview and the documents to be provided to the Minister.

M.O. 2018-006, s. 6.

DIVISION III ENTRY IN THE EXPRESSIONS-OF-INTEREST BANK

M.O. 2018-006, Div. III.

7. The Minister is to enter in the expressions-of-interest bank an expression of interest submitted by a foreign national who declares, in the expression of interest, that he or she

(1)  is 18 years of age or older;

(2)  intends to settle in Québec to hold employment that meets the requirements provided for in paragraphs 1 and 2 of section 31 of the Québec Immigration Regulation (chapter I-0.2.1, r. 3).

M.O. 2018-006, s. 7; M.O. 2024-004, s. 4.

DIVISION IV TRANSITIONAL AND FINAL

M.O. 2018-006, Div. IV; M.O. 2023-002, s. 7.

7.1. Subject to section 7.2, the conditions for filing an application pursuant to the regular skilled worker program are the same as those provided for in this Regulation as it read on 28 November 2024.

M.O. 2023-002, s. 8.

7.2. To file an application for selection pursuant to the regular skilled worker program, a foreign national referred to in section 118 of the Québec Immigration Regulation (chapter I-0.2.1, r. 3) must have filed an application for permanent resident status in Canada considered admissible under the live-in caregiver class by the Minister responsible for the Immigration and Refugee Protection Act (S.C. 2001, c. 27).

For the purposes of this section, the live-in caregiver class has the meaning assigned by the Immigration and Refugee Protection Regulations (SOR/2002-227) as they read on 4 May 2017.

M.O. 2023-002, s. 8.

8. (Omitted).

M.O. 2018-006, s. 8.

TRANSITIONAL

2023

(M.O. 2023-002) SECTION 23. Until 29 November 2024, section 5 of the Immigration Procedure Regulation (chapter I-0.2.1, r. 5) as replaced by section 5 of this Regulation must be read by replacing “Skilled Worker Selection Program” by “Regular Skilled Worker Program”.

REFERENCES

M.O. 2018-006, 2018 G.O. 2, 3350

M.O. 2020-006, 2020 G.O. 2, 3262

M.O. 2023-002, 2023 G.O. 2, 2763

M.O. 2023-006, 2024 G.O. 2, 181

M.O. 2024-004, 2024 G.O. 2, 3521