5,109
edits
Difference between revisions of "Categories of Persons under the Immigration and Refugee Protection Regulations (18:IV)"
Jump to navigation
Jump to search
Categories of Persons under the Immigration and Refugee Protection Regulations (18:IV) (view source)
Revision as of 19:26, 16 August 2021
, 19:26, 16 August 2021no edit summary
| Line 1: | Line 1: | ||
{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 16, 2021}} | ||
{{LSLAP Manual TOC|expanded = immigration}} | {{LSLAP Manual TOC|expanded = immigration}} | ||
| Line 6: | Line 6: | ||
== A. Citizen == | == 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 | 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. | 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. | ||
| Line 12: | Line 12: | ||
== B. Permanent Resident == | == 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 | 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 | 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 offense or for not fulfilling their “residency requirements” (see below). | ||
== C. Foreign National == | == C. Foreign National == | ||
Under IRPA s 2, a foreign national is any person who is not a Canadian citizen or a permanent resident | 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. | ||
Upon losing their Temporary Resident status for allegedly failing to comply with conditions imposed (a list can be found in ''IRP Regulations'' 185(a)), a foreign national can apply within 90 days to have this reviewed. 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 shall restore their Temporary Resident status. | Upon losing their Temporary Resident status for allegedly failing to comply with conditions imposed (a list can be found in ''IRP Regulations'' 185(a)), a foreign national can apply within 90 days to have this reviewed. 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 shall restore their Temporary Resident status. | ||
| Line 73: | Line 73: | ||
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 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 variety of work permit is based on an employer in Canada applying to obtain a Labour Market Impact Assessment (“LMIA”), or “validation,” from Service Canada (Employment and Skills Development Canada). Obtaining a LMIA under the Temporary Foreign Worker Program is often difficult. 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. | The most common variety of work permit is based on an employer in Canada applying to obtain a Labour Market Impact Assessment (“LMIA”), or “validation,” from Service Canada (Employment and Skills Development Canada). Obtaining a LMIA under the Temporary Foreign Worker Program is often difficult. 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. | ||
Information on the LMIA process (currently called the “Temporary Foreign Worker Program”) can be found at the [http://www.esdc.gc.ca/eng/jobs/foreign_workers/index.shtml Employment and Social Development Canada (ESDC) website]. | Information on the LMIA process (currently called the “Temporary Foreign Worker Program”) can be found at the [http://www.esdc.gc.ca/eng/jobs/foreign_workers/index.shtml Employment and Social Development Canada (ESDC) website]. | ||
==== b) Alternative Work Permits ==== | |||
There are other, less common kinds of work permit under the International Mobility Program, such as a professional pursuant to CUSMA; inter-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. Please see sections 204 and 205 of the IRP Regulations and the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html Operational Manuals relating to the International Mobility Program] for further details: | There are other, less common kinds of work permit under the International Mobility Program, such as a professional pursuant to CUSMA; inter-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. Please see sections 204 and 205 of the IRP Regulations and the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html Operational Manuals relating to the International Mobility Program] for further details: | ||