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Difference between revisions of "Categories of Persons under the Immigration and Refugee Protection Regulations (18:IV)"
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Categories of Persons under the Immigration and Refugee Protection Regulations (18:IV) (view source)
Revision as of 05:32, 28 June 2016
, 05:32, 28 June 2016→3. Workers
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There are other, less common kinds of work permit such as a professional pursuant to NAFTA; inter-company transfers; 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. Please see sections 204 and 205 of the ''IRP Regulations''. | There are other, less common kinds of work permit such as a professional pursuant to NAFTA; inter-company transfers; 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. Please see sections 204 and 205 of the ''IRP Regulations''. | ||
In some instances, no work permit is required in the first place (see sections 186 and 187 of the ''IRP Regulations''). | |||
'''Note that as of April 1st, 2011, there is a 4-year limit on work in Canada – with numerous exceptions, but most significantly no exception for workers who require an LMIA.''' This may actually make further authorized work in Canada impossible for clients, and so it is very important to determine whether this restriction will apply. | |||
=== 4. Temporary Resident Permit === | |||
When a person is determined by CIC 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'''. | |||
=== 5. 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. | |||
Foreign nationals who enter “irregularly” in a group (2 or more persons), or whose identities cannot be determined in a timely manner, may be designated by the Minister as “designated foreign nationals.” Designated foreign nationals are subject to mandatory detention, do not have a right of appeal to the RAD, and must wait at least 5 years before applying for permanent residence in Canada, even if their claim is accepted. Details of the Convention refugee process are outlined in [[Immigration and Refugee Board (18:VII)#F. Convention Refugees | Section VII.F: Convention Refugees]]. | |||