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

{{REVIEWED LSLAP | date= July 29, 2022}}

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 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.  

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.  

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.

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:

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

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].