Immigration law in Canada is discussed under the Immigration and Refugee Protection Act (IRPA). This 2002 law replaced the Immigration Act (1976). Its implementation rules and regulations can be found in the Refugee Protection Regulations (IRPA Regulations). These regulations are implemented by the Minister of Citizenship and Immigration.
Individuals who want to move to Canada must be mindful of the IRPA when planning their entry. This guide gives an overview of how Canada’s immigration policy works and what foreign nationals should do to move legally into the country.
What is Canada’s immigration policy?
Immigration law in Canada is meant to welcome foreign nationals that are able, willing, and have the capacity to contribute to the country’s overall growth objectives. This mission is reflected through the laws and regulations approved by the legislation.
Generally, 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 foreign nationals.
In all cases of course, government agencies work together to enforce immigration laws in the country. These agencies include:
- Immigration, Refugees and Citizenship Canada (IRCC), which primarily administers the IRPA
- Public Safety Canada
- Canada Border Services Agency (CBSA)
Immigration law in Canada for foreign nationals
Foreign nationals who want to live in Canada can obtain a visa related to their reason for staying in the country. For example, a student studying in one of Canada’s institutions may apply for a student visa. Each visa category comes with its own list of requirements to prove the validity of residency.
For clarity, visas can be for work or for study. Under a work visa, the holder could either be the employee or the employer. This is because immigration law in Canada grants prospective investors with a start-up visa. This start-up visa allows foreign nationals to start a business and increase employment for Canadian residents in select fields.
A common misconception people have is that a separate visa is issued for permanent residents (PR). This is not the case. Instead, immigration law in Canada gives PRs a Confirmation of Permanent Residence (COPR) Card.
The distinction is important when considering the holder’s authority to live in Canada. Those holding visas are generally allowed for a limited time and only for a specific purpose. Permanent residents, however, have the luxury of staying in the country for as long as they want.
Check out this guide if you want to find out how to move to Canada from the US.
Immigration law in Canada for refugees
Global friction increased the relevance of immigration law in Canada for refugees. Strictly speaking, refugees are people who have been forced to flee their home country due to natural disasters, war, or persecution. Under Canadian immigration law, refugees must first meet certain requirements before gaining PR status.
The governing body responsible for the application process is the Immigration and Refugee Board of Canada (IRB) and IRCC. They must first determine who a “protected person” is under the law. The applicant must also have none of these disqualifications:
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a Convention refugee in another country where you could go and live permanently without fear of persecution
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a citizen, national or PR of a country, other than the one you left, where you could go and live permanently without fear of persecution
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a permanent resident of Canada
Temporary residents in Canada may also apply for PR status via the Protected Temporary Residents Class (PTRC). This applies to individuals with a temporary resident permit but could not come back to their home country and will need protection.
Here’s an interesting take about claiming refugee status through immigration law in Canada:
Recognition as a Designated Foreign National
Not all refugees who enter the country are immediately granted PR status. The Minister ultimately decides if the refugee falls under the category of a protected person. If not, they may be defined as a “designated foreign national” or DFN. A DFN is an irregular arrival who meets any of the following requirements:
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the examinations or related investigations of the persons in the group cannot be conducted in a timely manner
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there is suspicion that the group’s arrival is linked to organized human smuggling and associated with a criminal organization or terrorist group
In these cases, DFNs are notified by the concerned authorities about their status. It is then their responsibility to prove that they do not fall under this category. What is the importance of this identification? Well, a DFN cannot apply for PR status for five years.
Discretionary powers of the Minister
Throughout the process, immigration law in Canada grants the Minister lots of discretionary power. This means that despite the many rules and regulations, the Minister has the last say about who or how many can attain temporary or permanent residence in Canada. Under immigration law in Canada, some of the Minister’s powers include:
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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
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declaring a foreign national as inadmissible under public policy considerations
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granting permanent resident status to a foreign national, who was initially inadmissible, upon their request based on humanitarian and compassionate considerations or refusing to consider such request
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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
To learn more about immigration law in Canada, you can 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.
Gaining (and losing) your status
Despite the discretionary powers of the Minister, there are certain ground rules under Canadian immigration law. For example, to gain temporary or permanent status, the applicant must possess all the qualifications and none of the disqualifications. The disqualifications are similar throughout the immigration law in Canada text.
The qualifications vary depending on the pathway of entry. For example, spousal or family sponsorship requires that the sponsor is eligible. This means that the sponsor must be above 18 years of age and capacitated to financially support the family.
Temporary residents via student or work permits must meet the requirements of their school or work. For students, they must also show capacity to support themselves throughout the study period in Canada.
Grounds for disqualification
Grounds for inadmissibility are designed to ensure that the applicant is not or will not be a burden to Canada. This burden could either be financial, criminal, or through some other means. Under immigration law in Canada, possession of one or more of these characteristics makes a person ineligible for entry.
Here’s a look at these grounds for disqualification:
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security grounds, such as engaging in espionage, instigating subversion, terrorism, or acts of violence
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violation of human or international rights such as committing prohibited acts under the Crimes Against Humanity and War Crimes Act or the Criminal Code
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grounds of serious or organized criminality
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health grounds if their health condition would be a danger to public health, public safety, or if they would likely cause excessive demand on health or social services
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financial reasons if they are unable or unwilling to support themselves or any other person who is dependent on them
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misrepresentation 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
Commission of the following crimes or offences is also a ground for inadmissibility:
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human smuggling and trafficking, inducing or organizing a person/s into illegally coming to Canada
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possession, use, and exportation or importation of fake documents, such as passports, visas, or other documents
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other general offences, such as escaping from a detention facility, unauthorized employment of a foreign national, and other forms of misrepresentation
Losing PR status
Of course, it’s also possible to lose your PR status. This can be either voluntarily or involuntarily.
Those with PR status are issued a card showing an expiration date. Will you lose your PR status if this card expires? No. Under immigration law in Canada, renewal is possible. For actual loss of PR status, the following must be determined by an authorized individual:
- determination that you are no longer a PR after an inquiry or Permanent Resident Travel Document (PRTD) appeal following a refusal
- you voluntarily renounce your PR status
- enforcement of a removal order
- gaining Canadian citizenship
Note that Canada requires PRs to stay in the country for a total of 730 days in the past five years to maintain their status. Even if a PR fails to meet this requirement, this does not automatically divest them of their status. Instead, an official declaration from the authorized agencies must be made.
Renouncing PR status
If you no longer want to be a PR of Canada, renouncing the status is as simple as not meeting the residency requirement. This is already considered a renouncement, but as always, an official declaration is required under Canadian immigration law.
Some people also renounce their status to avoid delays in case they want to re-enter Canada. Instead, they opt for a visitor visa, which allows them to re-enter without discussing the issue of PR status. In this case, the PR status may be dealt with at another time.
What are the new rules of immigration in Canada?
Canada’s new rules on immigration primarily impact temporary residents. An interview with the best immigration lawyers in Canada revealed the following changes in today’s rules:
Broadening powers of immigration authorities
According to Will Tao, principal and Canadian immigration and refugee lawyer at Heron Law Offices, the IRCC updated the Immigration and Refugee Protection Regulations. This broadened “the ability of immigration authorities to cancel temporary resident documents."
Specifically, they can declare that the applicant is ineligible to hold electronic travel authorizations (eTA) and void temporary resident visas (TRV), on a case-by-case basis. Hence, applicants must be much more careful about the timing of their applications and the possibility for changes of circumstances.
Changes on international student program
Laura Schemitsch, also a Canadian immigration and refugee lawyer at Heron Law Offices, explains the new regulations for the International Student Program.
“As a result of these changes, eligible students can now work up to 24 hours a week off campus. The previous off-campus rule only allowed for 20 hours of work during the regular academic session.”
Spouses of study permit holders
Changes in Canada's immigration law are also reflected through the Open Work Permit (OWP) eligibility of spouses or common law partners of study permit holders.
According Yussif Silva, Canadian immigration and refugee lawyer at Heron Law Office, starting January 21, 2025, only spouses or common law partners of students enrolled in a master's degree of 16 months or longer, doctoral degree, specific undergraduate programs, or specific professional programs are eligible to apply for an open work permit.
Changes in the point system
On 23 December 2024, the Minister of Immigration, Refugees and Citizenship announced that as of Spring 2025, candidates pursuing permanent residence through Express Entry would no longer receive additional Comprehensive Ranking System (CRS) points for having a job offer.
According to Karina Juma, Canadian immigration and refugee lawyer at Heron Law Offices, the elimination of job offer-related points means that candidates no longer have a competitive advantage by securing a job offer. She adds that these candidates should instead turn their attention to other ways of increasing their CRS scores, such as improving their official language skills.
If you're from the Philippines and wondering how to immigrate to Canada, this guide can help.
Benefits of permanent residency
So why work so hard for residency in Canada? Immigration law in Canada may seem difficult, but the perks that come with attaining PR status is unmatched. Hopeful PRs have the privilege of moving to and from the country with little interruption. Here’s another helpful discussion about the benefits of PR:
Ultimately, immigration law in Canada is designed to ensure that the government welcomes those who will appreciate all the benefits the come with the status.
Want to know more about immigration law in Canada? For specific concerns, consult through our Lexpert-ranked directory of the best immigration lawyers in Canada.
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