The Immigration and Refugee Protection Act (IRPA) was enacted in 2002, replacing the Immigration Act (1976). The IRPA is complemented by its enabling regulations such as the Immigration and Refugee Protection Regulations (IRPA Regulations). These regulations are implemented by the Minister of Citizenship and Immigration (Minister).
Immigration and Refugee Protection Act (IRPA)
The IRPA controls immigration eligibilities and processes in Canada, including the acceptance of refugees in the country. It also covers the application process for permanent residency by immigrants or foreign nationals.
Application for Permanent Resident Status
Immigration law in Canada prescribes the requirements for a foreign national to be granted a visa to enter Canada. The law also outlines the application process of immigrants for permanent residency or Canadian citizenship.
Get to know more about the process, requirements, and the laws regarding Canadian citizenship by marriage.
For the specific application process for a visa or permanent residency, you may consult with immigration lawyers in Canada who are experts in these processes.
An application for permanent residency can only be made 5 years after an immigrant becomes a designated foreign national.
Immigrants or foreign nationals cannot apply for permanent residency in Canada if they have made a claim for refugee protection but did not proceed with its application. Permanent residency application is also not allowed within 5 years after the final decision for an application for refugee protection (Section 11(1.1)).
A foreign national may either apply to become a permanent resident or a temporary resident if they have with them the necessary visa upon entry (permanent resident visa or temporary resident visa) and/or other document required (Section 20) such as a work permit, a study permit, or a document which proves that they have passed a province’s selection criteria in its Provincial Nominee Program (PNP).
Sponsorship Undertaking
Certain requirements must also be met under family or spousal sponsorship, such as a sponsorship undertaking (Section 13.1). Here, the sponsor agrees in writing to cover the financial and basic needs of the spouse or the family member they are sponsoring.
Conditional Entry
Under Section 23 of the IRPA, an officer of the Immigration, Refugees and Citizenship Canada (IRCC) is given wide discretion in authorizing a person to enter Canada. This is subject to further examination or an admissibility hearing as a condition for entry.
A person authorized to enter Canada must report back to the IRCC officer to complete their examination or admissibility hearing. They must not work or study until the completion of that examination or admissibility hearing.
They cannot be considered a temporary resident or a permanent resident just because of the authorization given to them.
Minister’s Powers
Immigration law in Canada grants the Minister various discretionary powers on the entry of immigrants, such as:
- declaring an “irregular arrival” the arrival of a group of persons if the Minister has reasonable grounds to believe that these people are victims of human smuggling and trafficking, and that examinations cannot be conducted in a timely manner (Section 20.1);
- declaring a foreign national as inadmissible under public policy considerations (Section 22.1);
- granting permanent resident status to a foreign national upon their request, who was initially inadmissible, based on humanitarian and compassionate considerations (Section 25 (1)) or refusing to consider such request made by the inadmissible foreign national (Section 25 (1.03)); or
- granting permanent resident status to a foreign national who is originally inadmissible, if such foreign national complies with the conditions imposed by the Minister and if such granting is based on public policy considerations (Section 25.2 (1)).
Immigration is part of Canada’s plan to continue to grow its economy – find out more in this video:
To learn more about immigration law in Canada, contact a lawyer in the specific province or territory where you would like to move to. If you plan to move to Victoria, for example, speak with an immigration lawyer in British Columbia.
Grounds for Inadmissibility
Immigration law in Canada sets certain rules to disqualify a foreigner from entering Canada or a permanent resident from applying for citizenship:
- security grounds (Section 34 (1)) such as engaging in espionage, instigating subversion, terrorism, or acts of violence;
- violation of human or international rights (Section 35 (1)) such as committing prohibited acts under the Crimes Against Humanity and War Crimes Act or the Criminal Code;
- grounds of serious criminality (Section 36 (1)) or organized criminality (Section 37 (1));
- health grounds (Section 38 (1)) if their health would be a danger to public health, public safety, or if they would likely cause excessive demand on health or social services;
- financial reasons (Section 39) if they are unable or unwilling to support themselves or any other person who is dependent on them; or
- misrepresentation (Section 40 (1)) which may be committed through the withholding of material or relevant facts, for being sponsored by an inadmissible person, or after final determination, or when such person has ceased to be citizen under the Citizenship Act.
Crimes or Offences
Part 3 of IRPA discusses specific immigration crimes and their penalties. Among these offences are:
- human smuggling and trafficking, inducing or organising a person/s into illegally coming to Canada (Section 117);
- possession, use, and exportation or importation of fake documents, such as passports, visas, or other documents (Section 122); and
- other general offences such as escaping from a detention facility, unauthorized employment of a foreign national (Section 124), and other forms of misrepresentation (Section 127).
What are the 4 types of immigrants in Canada?
In selecting who may become a permanent resident under immigration law in Canada, the IRPA mentions four types of immigrants (Section 12). Each has its corresponding “class” that prescribes the specific regulation on their application for permanent residency:
- Family reunification/Family class: pertains to family and spousal sponsorship;
- Economic immigration/Economic class: includes skilled workers, businesspeople, and investors;
- Refugees: covers government-assisted refugees and privately sponsored refugees; and
- Other immigrants: those who may not fall under any of these three categories.
Who enforces immigration laws in Canada?
Government agencies work together to enforce immigration law in Canada These agencies include Immigration, Refugees and Citizenship Canada (IRCC) which primarily administers the IRPA, Public Safety Canada, and Canada Border Services Agency (CBSA).
Want to know more about immigration law in Canada? Comment your questions below or consult with the best immigration lawyers in Canada for more information.