Section 12 — Selection of foreign nationals
Text of provision
(1) A foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.
(2) A foreign national may be selected as a member of the economic class on the basis of their ability to become economically established in Canada.
(3) A foreign national, inside or outside Canada, may be selected as a person who under this Act is a Convention refugee or as a person in similar circumstances, taking into account Canada’s humanitarian tradition with respect to the displaced and the persecuted.
Plain English
Section 12 establishes the three broad streams through which foreign nationals may be selected for permanent residence in Canada:
- Family class (s 12(1)) — a foreign national may become a permanent resident as a member of the family class if a sponsor who is a Canadian citizen or permanent resident makes an application for them
- Economic immigration (s 12(2)) — a foreign national may become a permanent resident on the basis of their ability to become economically established in Canada
- Refugees and protected persons (s 12(3)) — a foreign national may become a permanent resident if they are a Convention refugee or a person in similar circumstances, and a sponsorship agreement or undertaking has been entered into
Practical effect
Section 12 is the statutory foundation for all permanent residence pathways. The specific requirements for each stream are set out in the IRPR and in instruments made under the Regulations.
Economic class programs — including Express Entry, Provincial Nominee Programs, and Atlantic Immigration Program — derive their authority from s 12(2). Family class sponsorship derives from s 12(1). Government-assisted refugee resettlement and in-Canada refugee claims derive from s 12(3).
An application for permanent residence can only succeed if the applicant is not inadmissible under Division 4 (ss 33–43) and meets the relevant criteria for their stream.