Difference between revisions of "Categories of Persons under the Immigration and Refugee Protection Regulations (18:IV)"

There are three legal categories of persons under 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" 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. However, Indians may also still be foreign nationals even though they are also Indians, and as such are under the legal requirements of foreign nationals.   

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 [[Introduction to Citizenship (17:I) | 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.

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 section 2, “permanent resident” means a person who has acquired permanent resident status and has not subsequently lost that status under section 46.  

Permanent residents have the same 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 be removed from Canada under certain circumstances, most notably, for having committed a serious criminal offence or for not fulfilling their “residency requirements” (see below).

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 have conditions attached that the foreign national must abide by, such as visitor, person  with a Study Permit or a Work Permit, Convention refugee claimant and many others. Foreign nationals may also have no status – however, they are still Foreign Nationals even if their status has expired.