Difference between revisions of "Introduction to Immigration Law (18:I)"

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{{REVIEWED LSLAP | date= August 16, 2021}}
{{LSLAP Manual TOC|expanded = immigration}}
{{LSLAP Manual TOC|expanded = immigration}}


Immigration law is a very dynamic area, and it has undergone significant change in the recent past. For this reason, it is imperative to refer to the following sources, for the most up to date information about immigration law:   
This chapter is designed to assist with the following questions pertaining to immigration law in Canada:   
*[http://canlii.ca/t/7vwq ''Immigration and Refugee Protection Act'', RSC 2001, c 27 [IRPA]]
*What is my status?
▪Immigration and Refugee Protection Regulations, SOR/2002-227 [IRP Regulations]http://canlii.ca/t/7xsp▪Operational Bulletins and Manuals  http://www.cic.gc.ca/english/resources/manuals/index.aspThere  are  six  general  sources of immigration  law  and  policy:  the IRPA,  the IRP  Regulations,  the  Manuals,  the Operational Bulletins, the Ministerial Instructions and case law. The Canadian Charter of Rights and Freedoms (Part I  of  the Constitution  Act,  1982,  being  Schedule  B to the Canada  Act  1982  (UK),  1982  c  11 [Charter])  is  also applicable to immigration matters; the IRPA and IRP Regulations must be consistent with Charter provisions. The IRPA is the primary source and should be referenced first. However, the IRPA is “framework” legislation, i.ethe  provisions  are  general  and  principled.  The IRP  Regulations  are  more  detailed  than  the  IRPA  and  give specific  guidance  to applicants.  Case law  in immigration law operates  in  the same  manner  as it  does  in  other areas  of  law. Case  law  interprets  the  IRPA  and  the IRP  Regulations.   The  IRPA is a  federal  statute,  and  cases generally go  to the  Federal  Court,  the Federal  Court of Appeal  and  the  Supreme Court  of Canada. Cases are also handled by a tribunal called the Immigration and Refugee Board (consisting of four separate divisions). However, much of the operation of law in the Canadian immigration context takes place through the decision-making  apparatus  of  CIC,  which  is  a  large  spatially-distributed  administrative  bureaucracy.    CIC “officers”make decisions on written applications, without significant  applicant input, and often without any opportunity to  clarify  evidence,  and so  it  is vital  that  applications contain  all  the  evidence  required  for the  status  being soughtMuch of the law itself is interpreted through the policy of CIC, which is  publically available through CIC’ s    Operational    Manuals    (http://www.cic.gc.ca/english/resources/manuals/index.asp)    and   between manuals, Operation Bulletins (a link to these bulletins can be found on the Operational Manuals page).  Operational Manuals are drafted by CIC and provide details on interpretation of the IRPA and IRP Regulations. Immigration Officers and Visa Officers usually consider themselves bound to the Manuals when determining a case. Operational Bulletins are recent developments by Citizenship and Immigration Canada that have not yet been incorporated into the Manuals. NOTE:               The Manuals and Operational Bulletins do not have the force of law and must be consistent with the IRPA and the IRP RegulationsCases that do not fit the factors listed in the Manuals and Operational Bulletins  may  therefore  still  be  arguable  at law.   However, you may  never  have  an  opportunity  to argue  the legal case  due  to  the limited  and  narrow  appeals  and review  options,  and  so  it  is  essential that applicants try to confirm to the policy requirements as much as possible in the circumstances. The Ministerial Instructions are provided for in s 87.3 of IRPA, and are created through Order in Council. The Ministerial  Instructions  drive  current  immigration policy. The  Minister  uses  Ministerial  Instructions  to make fast,  sweeping changes  to  the immigration system,  and  so it is  very  important  to  ensure  that you  are  working with the most current information on requirements.
*How do I obtain a Work / Study Permit?
*How do I obtain Permanent Residence?
*How do I appeal an immigration matter?
 
It is advised that you reference outside sources in addition to this manual if your question is beyond the scope of the questions listed aboveIt is also important to refer to the main sources of immigration law (listed below) when researching a legal issue as the law may have changed since the printing of this manualNotes advising users of potential changes to immigration law have been placed throughout the chapter as a warning that further research may be needed.
 
It is recommended that you contact an immigration lawyer if you require further assistanceLegal advocacy is recommended for appellate proceedings due to the complex nature of this area of lawFurthermore, several programs in British Columbia offer assistance with Temporary and Permanent Residence applications.  If you cannot obtain the services of an immigration lawyer, the [http://www.lslap.bc.ca/ Law Students' Legal Advice Program] and the services listed in [[Important_Addresses_and_Phone_Numbers_in_Immigration_Law_(18:XII)|Section XII]] may be able to provide assistance if you meet their qualifications.<br>
 
'''NOTE:''' The COVID-19 pandemic is  affecting immigration, refugees, citizenship and passport servicesFurther, there is currently travel restrictions to Canada for non-essential travels from the US until at least July 21, 2021 until further notice. Accordingly, it is recommended that you refer to the Immigration, Refugees, and Citizenship Canada (IRCC) website for updated information on how your client’s legal matter may be affected by the service restrictions imposed by IRCC prior to provide legal advice to your clients. For more information, please see the below website:
https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19.html
 
'''NOTE:''' This chapter does not cover Quebec immigration matters.
 
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Revision as of 19:18, 16 August 2021


This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 16, 2021.



This chapter is designed to assist with the following questions pertaining to immigration law in Canada:

  • What is my status?
  • How do I obtain a Work / Study Permit?
  • How do I obtain Permanent Residence?
  • How do I appeal an immigration matter?

It is advised that you reference outside sources in addition to this manual if your question is beyond the scope of the questions listed above. It is also important to refer to the main sources of immigration law (listed below) when researching a legal issue as the law may have changed since the printing of this manual. Notes advising users of potential changes to immigration law have been placed throughout the chapter as a warning that further research may be needed.

It is recommended that you contact an immigration lawyer if you require further assistance. Legal advocacy is recommended for appellate proceedings due to the complex nature of this area of law. Furthermore, several programs in British Columbia offer assistance with Temporary and Permanent Residence applications. If you cannot obtain the services of an immigration lawyer, the Law Students' Legal Advice Program and the services listed in Section XII may be able to provide assistance if you meet their qualifications.

NOTE: The COVID-19 pandemic is affecting immigration, refugees, citizenship and passport services. Further, there is currently travel restrictions to Canada for non-essential travels from the US until at least July 21, 2021 until further notice. Accordingly, it is recommended that you refer to the Immigration, Refugees, and Citizenship Canada (IRCC) website for updated information on how your client’s legal matter may be affected by the service restrictions imposed by IRCC prior to provide legal advice to your clients. For more information, please see the below website: https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19.html

NOTE: This chapter does not cover Quebec immigration matters.

© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.