Categories of Persons under the Immigration and Refugee Protection Regulations (18:IV): Difference between revisions
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Categories of Persons under the Immigration and Refugee Protection Regulations (18:IV) (view source)
Revision as of 22:45, 3 August 2022
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= July 4, 2022}} | ||
{{LSLAP Manual TOC|expanded = immigration}} | {{LSLAP Manual TOC|expanded = immigration}} | ||
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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. | 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 | 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 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 shall restore their Temporary Resident status. | ||
Some types of foreign nationals and their associated conditions are described below: | Some types of foreign nationals and their associated conditions are described below: | ||
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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. A visitor has the condition that they cannot work or study in Canada, with very few exceptions. Visitors must prove that they will leave Canada at the end of their visit. | 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. A visitor has the condition that they cannot work or study in Canada, with very few exceptions. Visitors must prove that they will leave Canada at the end of their visit. | ||
Visitors who are exempt from requiring a Temporary Resident Visa will still be required to attain an Electronic Travel Authorization (“ETA”). The | Visitors who are exempt from requiring a Temporary Resident Visa 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 for 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 surcharge. Electronic Travel Authorizations 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 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 of time (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” his or her visit and is subject to the issuance of a removal order for non-compliance (which would result in a mandatory 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 person’s status is not actually restored until a decision is made, and so they remain at risk of potential enforcement. | 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 of time (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” his or her visit and is subject to the issuance of a removal order for non-compliance (which would result in a mandatory 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 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 or Canadian citizens to visit Canada for up to | A Super Visa allows parents or grandparents of permanent residents or 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 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 be the parent or grandparent of a Canadian citizen or a permanent resident of Canada | ||
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:o a copy of this person’s Canadian citizenship or permanent resident document | :o a copy of this person’s Canadian citizenship or permanent resident document | ||
*You must take an immigration medical exam. | *You must take an immigration medical exam. | ||
*You must have medical insurance from a '''Canadia'''n insurance company that is: | *You must have medical insurance from a '''Canadia'''n insurance company or a designated international insurance company that is: | ||
:o valid for at least 1 year from the date of entry | :o valid for at least 1 year from the date of entry | ||
:o at least $100,000 coverage | :o at least $100,000 coverage | ||
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*They have received a final transcript or an official letter from a designated learning institution confirming that they have met the requirements to complete the program. | *They have received a final transcript or an official letter from a designated learning institution confirming that they have met the requirements to complete the program. | ||
*They have 180 days after they have received their final marks to apply for a PGWP. | *They have 180 days after they have received their final marks to apply for a PGWP. | ||
IRCC has made certain exemptions for individuals affected by COVID-19. International students who complete up to 100% of their studies online from outside Canada between spring 2020 and August 31, 2022 may still be eligible for PGWP. For more information on this temporary COVID-19 policy visit: | |||
https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/eligibility.html#outside-dl | |||
For more information on the PGWP process and to apply online visit: | 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 | https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/about.html | ||
=== 3. Workers === | === 3. Workers === | ||