Section 21 — Becoming a permanent resident
Text of provision
(1) A foreign national becomes a permanent resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(a) and subsection 20(2) and is not inadmissible.
(2) Except in the case of a person described in subsection 112(3) or a person who is a member of a prescribed class of persons, a person whose application for protection has been finally determined by the Board to be a Convention refugee or to be a person in need of protection, or a person whose application for protection has been allowed by the Minister, becomes, subject to any federal-provincial agreement referred to in subsection 9(1), a permanent resident if the officer is satisfied that they have made their application in accordance with the regulations and that they are not inadmissible on any ground referred to in section 34, 35 or 35.1, subsection 36(1) or section 37 or 38.
(3) A person in respect of whom the Minister has made an application under subsection 108(2) may not become a permanent resident under subsection (2) while the application is pending.
Plain English
Section 21 provides that a foreign national becomes a permanent resident if an officer is satisfied that the person has applied for that status, is not inadmissible, and meets the applicable requirements of the Act. The section also provides that a permanent resident visa holder must comply with the Act when seeking to enter Canada.
The permanent resident status conferred under s 21 is the foundation for the rights in s 27 — once granted, the person has the right to enter and remain in Canada as a permanent resident, subject to compliance with residency obligations.
Practical effect
Section 21 is the operative provision that converts eligibility (having met the requirements for a visa class) into legal status (becoming a permanent resident). The key points:
- Officer satisfaction — an officer must be satisfied that all requirements are met at the time of the decision; positive selection does not guarantee PR status
- Inadmissibility — a person who has become inadmissible under ss 34–42 will not be granted PR status even if otherwise eligible; inadmissibility discovered after a visa is issued but before landing can prevent the grant of status
- Permanent resident visa — the visa issued following a positive selection decision authorises the holder to travel to Canada to become a permanent resident, but does not itself confer PR status; status is acquired at the port of entry once an officer is satisfied under s 21