Immigration Law Canada
- Mar 21, 2023
- 3 min read
Immigration law Canada concerns the rules governing the admission of foreign nationals into Canada and their rights and responsibilities once they have been admitted. It is a complex area of law that includes refugee and asylum laws as well as immigration and nationality regulations.
The first Canadian immigration policies focused largely on economic growth and family reunification, while also ensuring that immigrants were not burdening public services. However, after the onset of the Great Depression, the government imposed additional restrictions on immigration to combat rising unemployment and economic decline.
Refugees
Refugees are people who have been forced to flee their home country because of a well-founded fear of persecution. They can ask for refugee status in Canada by claiming asylum at the Canadian border or within the country.
For a refugee claim to be approved in Canada, the applicant must present themselves at a Canadian port of entry or an inland Canada Border Services Agency (CBSA). They must provide proof that they have been persecuted on account of their race, religion, social group, political opinion, gender, or sexual orientation.
There is a strict definition of a refugee under Section 96 of the Immigration and Refugee Protection Act. The person must have been outside their country of origin or have lived there for less than two years, and must be unable, or unwilling to return due to a well-founded fear of persecution.
Refugees can be resettled in Canada by a government-assisted program or privately sponsored by groups of five or more Canadian citizens or permanent residents who have agreed to assume legal and financial responsibility for them. These resettled refugees receive permanent resident status in Canada as soon as they arrive.
Permanent Residents
Permanent residents are people who have a legal status in Canada that gives them the right to live, work and study in any province or territory of Canada. These rights are protected by Canadian law and the Charter of Rights and Freedoms.
To apply for permanent residence, you must be a foreign national and eligible to do so under one of several immigration categories. These include refugee claimants, in-home caregivers and spouses or common-law partners of Canadian citizens or permanent residents.
Applicants must complete all required forms, questionnaires and checklists in order to have their permanent resident applications considered. If the application is incomplete or fails to contain all required documentation, it will be refused.
A person’s permanent residency status can be revoked for a number of reasons, including non-compliance with a residency obligation, if they have been found to be inadmissible or if they have committed a crime. If you lose your permanent resident status, you may be able to request reconsideration of the decision or appeal the decision in a number of ways.
Skilled Workers
Skilled Workers are immigrants who can fill shortages in Canada’s labour market. They are chosen based on their ability to become economically established and contribute to the country through work and taxes.
The Federal Skilled Worker Program (FSWC) offers a fast track to Canadian permanent residence for candidates who obtain sufficient points under the point score system. Applicants who meet these minimum requirements may submit their profile to Express Entry, the new online immigration application system.
In addition, FSWC candidates who do not have a valid offer of arranged employment may need to demonstrate that they have sufficient settlement funds when they apply for permanent residence. These funds must be available, transferable and unencumbered by debts or other obligations.
Professionals who have an advanced degree (beyond a baccalaureate) or a minimum of five years of progressive experience in their field are eligible for Third Preference status. They must have extensive documentation showing sustained national or international acclaim and recognition in their fields of expertise.
Visitors
Visitor visas allow foreign nationals to live temporarily in Canada for up to six months at a time. They also have the right to apply for extensions of their status in Canada.
Visitors from countries that do not require a visa can travel to Canada with only a valid passport or other evidence of citizenship. These travellers are called visa-exempt and include citizens of 55 countries, including the United States.
In addition, there are certain visa-exempt travellers who do not need a passport or other proof of citizenship to enter Canada with an Electronic Travel Authorization (eTA). These people include permanent residents of Canada and citizens of Hong Kong Special Administrative Region and Israel.
Visitors can enter Canada on a single entry visitor visa or multiple entry visitor visa. A single-entry visa is normally issued on arrival to Canada, while a multiple-entry visa allows the holder to enter Canada several times during the period their visa is valid.
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