5 January 2011 Internal T.I. 2010-0386951I7 F - Résident temporaire - PFCE -- summary under Eligible Individual

When asked to comment on s, 122.6(e)(ii) of the definition of "eligible individual," the Directorate stated:

[T]he condition in paragraph (a) means that the individual must live with the dependant … [and that] in paragraph (c) means that the individual must be a resident of Canada for the purposes of the Act. …

[T]he condition in subparagraph 122.6(e)(ii) does not refer to residency in Canada for the purposes of the Act. The individual or the individual's spouse or common-law partner must be, according to the Immigration and Refugee Protection Act, a temporary resident who has resided in Canada for the last 18 months and who holds a permit in good standing on the 19th month, that is, a permit other than one that is marked "does not confer status" or "does not confer temporary resident status".

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