Categories of Persons under the Immigration and Refugee Protection Regulations (18:IV)

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on 14 August 2025.

There are three legal categories of persons under the IRPA: citizens, permanent residents and foreign nationals. “Status” is the term commonly used to describe the category under which someone falls. Every person physically present in Canada falls into one (and only one) of these categories. “Indians” as defined under the Indian Act may enter and remain in Canada in ways that are similar to, but not the same as, a permanent resident, and Indians may also apply for citizenship under certain circumstances. “Indians” may also be foreign nationals and under the legal requirements of foreign nationals.

A. Citizen

A citizen is a person who was born in Canada, born outside Canada to a Canadian citizen parent, or who has been granted citizenship after filing an application for citizenship under the Citizenship Act, RSC 1985, c C-29. Various types of people can apply for citizenship. See Chapter 17: Citizenship.

Dual Canadian citizens (persons with multiple citizenships, including Canadian citizenship) travelling to or through Canada are required to enter Canada on a Canadian passport. Canadian citizens should always try to have a passport that will remain valid well beyond any time they plan to spend outside Canada.

B. Permanent Resident

A permanent resident (historically called a “landed immigrant”) is a person who has been granted permanent admission as an immigrant, but who has not become a Canadian citizen. Under IRPA s 2, “permanent resident” means a person who has acquired permanent resident status and has not subsequently lost that status under s 46.

Permanent residents have similar rights as Canadian citizens, with a few exceptions. One important exception is that permanent residents cannot vote. Another important exception is that a permanent resident can lose their permanent resident status and be removed from Canada under certain circumstances, most notably, for having committed a serious criminal offence or for not fulfilling their “residency requirements” (see Section VII).

NOTE: The number of new permanent residents in Canada is expected to remain constant in the coming years. The current estimation is 395,000 new permanent residents in 2025, 380,000 in 2026, and another 365,000 in 2027. For more information, visit: https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/supplementary-immigration-levels-2025-2027.html

C. Foreign National

Under IRPA s 2, a foreign national is any person who is not a Canadian citizen or a permanent resident, and includes a stateless person. Foreign nationals with Temporary Resident status (such as visitors, persons with a Study Permit or a Work Permit, Convention refugee claimants and many others) must abide by certain conditions as required by law. Foreign nationals may also have no status – however, they are still Foreign Nationals even if their status has expired.

Upon losing their Temporary Resident status for allegedly failing to comply with conditions imposed (a list can be found in IRP Regulations s 185(a)), a foreign national can apply within 90 days to have their status restored. If the officer finds that the foreign national has not failed to comply with any conditions and meets the initial requirements for their stay, the officer will restore their Temporary Resident status.

The general types of foreign nationals and their associated conditions are described below:

1. Visitors

Visitors are foreign nationals who enter Canada lawfully as a visitor. Foreign nationals from certain countries require a Temporary Resident Visa (“TRV”) under the Visitor Class (sometimes known as a “visitor’s visa”) before entering Canada; others do not (see IRP Regulations, s 190). Examples of “visa-exempt” countries are the United States, the United Kingdom, Australia, Japan, and most European countries. Foreign nationals with visitor’s status can apply to extend their visitor’s status from within Canada through a visitor record. A visitor has the condition that they cannot work or study in Canada, with very few exceptions. Importantly, visitors must prove that they will leave Canada at the end of their visit.

Visitors who are exempt from requiring a TRV will still be required to attain an Electronic Travel Authorization (“ETA”). The only exceptions to this requirement are for United States citizens and lawful permanent residents, and individuals with a valid Canadian visa. Applications to obtain an ETA are made through the IRCC website and applicants will be required to pay a $7.00 (CAD) surcharge. ETAs are not guaranteed and may be denied to travellers with criminal records or existing inadmissibility to Canada. For more information on the ETA process and to apply online visit https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/eta.html

Visitors can only stay in Canada for the duration of time granted when they first enter Canada unless they obtain an extension. The default amount of time granted upon entry is six months, although an immigration officer may specify a different period (IRP Regulations s 183). This includes foreign nationals from visa-exempt countries. It is possible to apply for an extension with IRCC from within Canada. However, a person may apply for an extension without having to leave the country if they apply before the temporary resident status expires. If such a person stays in Canada beyond the period of time granted, the person has “overstayed” their visit and is subject to the issuance of a removal order for non-compliance (which may result in a 1-year exclusion from Canada). A successful applicant must prove that they will leave at the end of the visitation period and that they will have sufficient funds during their visit. Most foreign nationals can apply for Restoration (IRP Regulations s 182) within 90 days of expiry, but a person’s status is not actually restored until a decision is made, and so they remain at risk of potential enforcement.

A Super Visa allows parents or grandparents of permanent residents and Canadian citizens to visit Canada for up to five years at a time. IRCC grants multiple-entry visas of up to ten years for qualifying individuals. To be eligible for a super visa:

You must apply for a super visa from outside Canada;
You must be the parent or grandparent of a Canadian citizen or a permanent resident of Canada;
You must have a signed letter from your child or grandchild who invites you to Canada that includes:

o a promise of financial support for the length of your visit

o the list and number of people in the household of this person

o a copy of this person’s Canadian citizenship or permanent resident document;

You must take an immigration medical exam;
You must have medical insurance from a Canadian or designated international insurance company that:

o is valid for at least 1 year from the date of entry

o has at least $100,000 of emergency coverage

o covers healthcare/hospitalization/repatriation

o is paid in full or in instalments with a deposit (proof is required, quotes are not accepted).

For more information on the Super Visa process and to apply online visit:

https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/parent-grandparent-super-visa.html.

2. Students

A foreign national who wishes to study in Canada must apply for their initial study permit outside Canada at a visa office under the authorization of the Student Class. There are several exceptions to this general rule: in some circumstances, a foreign national can study in Canada without a permit (see IRP Regulations ss 188 to 189); and in some other circumstances, such as extending an existing study permit, a foreign national can apply for a study permit from within Canada (see IRP Regulations s 215).

International students enrolled in courses in Canada for six months or less do not need a study permit, as long as those studies began and will end within six months of their entry to Canada. However, they must still have valid temporary resident status in Canada to perform these studies.

To acquire a study permit, a foreign national must have an acceptance letter from a valid academic institution, a provincial/territorial attestation letter, proof of sufficient funds, and the intention to leave Canada once their permit expires (see IRP Regulations ss 210 to 222).

As of November 8, 2024, students are now permitted to work off campus without a work permit for up to 24 hours per week without a work permit. Student must meet the following requirements:

They are a full time student at a DLI, unless they are in the last semester of their program and do not require a full course load to complete their program;
They are enrolled in a post secondary academic, vocational, or professional training program OR a Quebec only secondary-level vocational training program;
Their study program is at least 6 months long and leads to a degree, diploma or certificate
They have started their studies, they cannot work before the start of their study program.

NOTE: Students who wish to change their Designated Learning Institution named on their study permit can no longer do so through their online account. As of November 8, 2024, students must apply for a new student permit to transfer institutions.

NOTE: There have recently been changes to the amount of sufficient funds required. The amount of funds required to apply for a study permit has increased overall. See the following website for a table that identifies the funds necessary to apply for a study permit as of January 1, 2024: https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/get-documents/financial-support.html As of September 1, 2025, there will be an additional increase to the proof of funds required.

NOTE: As of June 2024, study permits require a provincial or territorial attestation letter (“PAL/TAL”). A PAL/TAL is a letter from the province or territory that the student plans to study in which indicates that the student has been accepted into an appropriate educational institution. There are exceptions to this requirement, such as students applying to a master’s or doctoral degree or a student who is applying to extend their study permit. Proof of such circumstances need to be included in the application. For more information, visit: https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/get-documents/provincial-attestation-letter.html

Registered “Indians” (as defined under the Canada Indian Act) who are also foreign nationals are allowed to study in Canada without a study permit. However, those persons must still have valid temporary resident status in Canada.

Francophone minority communities student pilot (FMCSP)

This pilot program allows French-speaking students from eligible countries to apply for a study permit at a participating DLI. Participants in this pilot program will have access to settlement services during their studies and then may be eligible for permanent residence after completing their studies. To be eligible for the FMCSP Applicants must meet the following criteria:

They must be a citizen of an eligible country when applying (eligible members of the Organisation internationale de la Francophonie in Africa, the Middle East and the Americas)
Their program of study must meet all the following conditions:

o Be at a post-secondary level

oBe full-time studies

oBe at least 2 years of study or more

oLead to a degree or diploma

oHave French as the primary language of instruction (over 50% of classes are taught in French)

Have acceptance letter from participating DLI stating they are applying under the FMCSP
Have enough money to pay for their tuition and living expenses (Including any family members)
Must be living outside Canada when they apply
be able to prove that your French speaking, listening, reading and writing skills are at a level 5 or higher in the Niveaux de compétence linguistique canadiens (NCLC) scale
Depending on where they are applying from they may also need to provide other documentation such as a medical exam or police report

3. Post Graduation Work Permit

An international student who graduates from an eligible designated learning institution (DLI) may be eligible to obtain a Post-Graduation Work Permit (“PGWP”). Applicants can only receive a PWGP once in their lifetime. All applicants must meet the following general eligibility requirements::

They have completed a program of study at a PGWP eligible DLI that is at least 8 months long;
They have maintained full-time status as a student in Canada for each academic semester of the program except the final semester in which they may study part time;
They apply for their PWGP within 180 days of confirmation program of study has been completed;
Their study permit is valid at some point during the 180 days after graduation and before submitting the PWGP application

In addition to the general requirements, as of November 1, 2024, applicants must fulfill specific eligibility requirements based on their study program.

Study Program	Minimum Language requirements (must show in all four areas in English or French)	Field of Study Requirement
Bachelor’s, Master’s, or doctoral degree	English: Canadian Language Benchmark (CLB) 7; French: Niveaux de competence linguistique canadiens (NCLC) 7	N/A
Any other university program	English: Canadian Language Benchmark (CLB) 7; French: Niveaux de competence linguistique canadiens (NCLC) 7	If you submit your study permit application on or after November 1, 2024, you must graduate in an eligible field of study
Other college, Polytechnic, vocational, or non-university program	English: Canadian Language Benchmark (CLB) 5; French: Niveaux de competence linguistique canadiens (NCLC) 5	Graduated from eligible field of study program
Graduated from flight school. Completed flight training program at DLI centre and obtained Canadian commercial pilot’s licence OR, Getting their instructor rating AND have job offer as flight instructor from DLI flight centre	N/A	N/A

How to meet the field of study requirement: Eligible fields of study fluctuate with the Canadian labor market. Applicants can check if their program meets the field of study requirement by checking whether their Classification of Instructional Programs (CIP) code is listed: https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/eligibility/field-of-study.html#cip_code The CIP codes were updated on July 4, 2025.

NOTE: There are some additional exceptions and cases where individuals may still be eligible if they meet certain requirements or have their PWGP affected. These special cases can you found on the following webpage: https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/eligibility.html#special-cases

For more information on the PGWP process and to apply online visit: https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/about.html.

Due to frequent recent changes, we highly recommend paying careful attention to any upcoming changes to this program.

4. Workers

A foreign national who wishes to work in Canada must apply for authorization under the Worker Class, and a work permit from outside Canada at a visa office. There are several exceptions to this general rule: in some circumstances, a foreign national can work in Canada without a permit (see IRP Regulations ss 186 to 187); and in some circumstances, a foreign national can apply for a work permit at a port of entry (“POE”), such as airport, land border or sea border (see IRP Regulations s 198), or from within Canada (see IRP Regulations s 199).

a) Employer specific work permit

The most common type of work permit is based on an employer in Canada applying to obtain a Labour Market Impact Assessment (“LMIA”) from Service Canada (Employment and Social Development Canada) and a prospective worker applying for an employer specific work permit through the Temporary Foreign Worker Program.

There are several types of LMIAs and obtaining an LMIA is often a difficult, lengthy and expensive process. There are several criteria the employer must meet, including evidence of efforts to hire Canadians or permanent residents; that a government-determined minimum wage (not the same as the provincial minimum wage) will be paid (commonly known as the prevailing wage); and that the employer is able to demonstrate it can pay the wages offered. There are additional rules associated with whether the position pays less than or more than the provincial prevailing wage for the occupation.

Employers are also mandated by IRCC to provide all temporary foreign workers with information about their rights in Canada and are prohibited from acting in reprisal against workers who come forward with complaints and charging recruitment fees to workers. Employers are required to provide reasonable access to health care services. Employers under the Temporary Foreign Worker Program are required to provide private health insurance when needed. The Government of Canada announced efforts to strengthen protections for temporary foreign workers based on new regulations that came into force in September 2022. For more information, visit: https://www.canada.ca/en/employment-social-development/news/2022/09/government-of-canada-strengthens-protections-for-temporary-foreign-workers-as-new-regulations-come-into-force.html

Information on the LMIA process (currently called the “Temporary Foreign Worker Program”) and the different types of LMIAs available can be found at the Employment and Social Development Canada website: https://www.canada.ca/en/employment-social-development/services/foreign-workers.html

NOTE: The temporary foreign worker program has recently undergone changes. Effective May 1, 2024, newly issued LMIAs will only be valid for a period of 6 months, a decrease from what has been 18 and then 12 months in the past. The cap on temporary foreign workers for employers identified in the 2022 Workforce Solutions Road Map has decreased from 30% to 20%. Finally, employers will be required to take all alternative steps possible before applying for an LMIA, including recruitment of asylum seekers with valid work permits in Canada. For more information on these recent changes, see:

https://www.canada.ca/en/employment-social-development/news/2024/03/government-of-canada-to-adjust-temporary-measures-under-the-temporary-foreign-worker-program-workforce-solutions-road-map.html

b) Alternative types of work permits

There are other, less common types of LMIA-exempt work permits accessible under the International Mobility Program, such as a professionals pursuant to the Canada-United States-Mexico Agreement (“CUSMA”); intra-company transfers; Mobilite Francophone, and significant benefit permits, where the foreign national can demonstrate that they will contribute significantly to Canadian culture or the economy. Work permits authorizing self-employment are technically possible but rarely granted. See sections 204 and 205 of the IRP Regulations and the Operational Manuals relating to the International Mobility Program for further details: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html

Workers who have employer-specific work permits may be eligible for an open work permit that is exempt from an LMIA if they are experiencing abuse, or if they are at risk of abuse. The main objective of the open work permits for vulnerable workers program is to provide migrant workers with the means to leave their employer if they are facing abuse. It helps migrant workers by reducing the risk and fear of work permit revocation and removal from Canada. Consult the relevant Operational Manual for further details: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html. NOTE: The Migrant Workers Centre is a non-profit organization dedicated to legal advocacy for migrant workers in BC. The organization facilitates access to justice through the provision of legal education, advice and full representation. https://mwcbc.ca/

NOTE: Registered Indians are exempt from applying for a work permit to work in Canada. Please see s 186(x) of IRP Regulations for more information.

NOTE: Under the International Mobility Program, all employers, apart from those exempted from the employer compliance regime, who make an offer of employment to a foreign national referred to in IRP Regulations s 200(1)(c)(ii 1) must comply with the conditions imposed under IRP Regulations ss 209.2 and 209.4. An employer may be inspected (an inspection may be initiated from the first day of employment for which a work permit is issued up to a maximum of 6 years thereafter) and must ensure they have met the conditions. For more information, see the IRCC website: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html

NOTE: Under the Temporary Foreign Worker Program, ESDC/Service Canada has the authority to review the activities of any employer using the Temporary Foreign Worker Program, in relation to the treatment of workers, their LMIA or LMIA application by conducting an inspection with or without prior notice to the employer. For more information, see the ESDC website: https://www.canada.ca/en/employment-social-development/services/foreign-workers/employer-compliance.html

NOTE: The International Mobility Workers Unit (IMWU) provides opinions on whether an employer and the temporary foreign worker they want to hire are exempt from obtaining a LMIA. You can request an opinion from the IMWU to find out if an LMIA or work permit exemption applies in your situation. For more information:

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/hire-temporary-foreign/international-mobility-workers-unit.html

5. Temporary Resident Permit

When a person is determined by IRCC or CBSA to be inadmissible to Canada (see below), a Temporary Resident Permit (“TRP”) (formerly called a Minister’s Permit, and not to be confused with a Temporary Resident Visa) can be issued to a foreign national who is otherwise inadmissible but who has a compelling reason for either entering or remaining in Canada. The TRP can be applied for from either outside or inside Canada (IRPA, s 24). A foreign national is granted a TRP only under exceptional circumstances.

6. Convention refugee claimants

A Convention refugee claimant is a foreign national who enters Canada and who requests protection but who has not yet had their refugee hearing. Canada is obligated to grant protection to refugees and other persons in need of protection under the IRPA; the obligation originates from various United Nation Conventions and Treaties.

Details of the Convention refugee process are outlined in Section V.G: Convention Refugees, below.