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Hui Zhang

CANADIAN
IMMIGRATION
HANDBOOK
A Guide to Essential
Immigration Knowledge

(a division of)
International Self-Counsel Press Ltd.
Canada USA
Copyright©2022 by International Self-Counsel Press Ltd.
All rights reserved.
No part of this book may be reproduced or transmitted in any form by any
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Self-Counsel Press acknowledges the financial support of the Government of
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activities.
We also gratefully recognize the Coast Salish, Tsleil-Waututh, Squamish, Sto:lo,
and Musqueam peoples, on whose land our offices are located.
Printed in Canada.
First edition: 2022
Library and Archives Canada Cataloguing in Publication
Title: Canadian immigration handbook : a guide to essential immigration
knowledge / Hui Zhang.
Names: Hui, Zhang, author.
Description: Series statement: Legal series
Identifiers: Canadiana (print) 20220137730 | Canadiana (ebook)
2022013779X | ISBN 9781770403413 (softcover) | ISBN 9781770405349
(EPUB) | ISBN 9781770405356 (Kindle)
Subjects: LCSH: Emigration and immigration law—Canada—Handbooks,
manuals, etc. | LCSH: Immigrants—Canada—Handbooks, manuals, etc. |
LCSH: Canada—Emigration and immigration—Handbooks, manuals, etc. |
LCGFT: Handbooks and manuals.
Classification: LCC KE4454 .H85 2022 | LCC KF4483.I5 .H85 2022 kfmod |
DDC 342.7108/2—dc23
Every effort has been made to obtain permission and/or include the proper citations for quoted
or referenced material or illustrations. If there is an omission or error, the author and publisher
would be grateful to be so informed.

Self-Counsel Press
(a division of)
International Self-Counsel Press Ltd.
North Vancouver, BC Bellingham, WA
Canada USA
Contents

Preface xvi
Introduction xviii
1. What Is Immigration? xviii
2. Why Is Grasping the Basics of Canadian Immigration Important? xviii
3. How This Book Is Organized xix
4. A Note on Immigration Guides and Manuals by Immigration,
Refugees and Citizenship Canada, and Provinces/Territories xx

Part I: Canadian Immigration Overview 1


1 Introduction to Canadian Immigration 3
1. Sources of Canadian Immigration Law 3
1.1 Domestic sources 3
1.2 International sources 5
1.3 Citizenship law 5
2. Entry Requirements 6
3. Status 7
3.1 Legal status 7
3.2 Extension 8
3.3 Loss of status 8
3.4 Status restoration 9
4. Immigration Decision-Makers 9
4.1 Administrative decision-makers 10
4.2 Quasi-judicial decision-makers 12
4.3 Judicial decision-makers 13
5. Authorized Representatives 13
5.1 Authorized representatives and authorization 13
5.2 Penalties for unauthorized practice 14

iii
2 Inadmissibility 16
1. General Application Rules 16
1.1 Inadmissibility grounds overview 16
1.2 Standards of proof 17
2. Inadmissibility Grounds 17
2.1 Security risk 17
2.2 Human or international rights violations 18
2.3 Serious criminality and criminality 20
2.4 Organized criminality 23
2.5 Health grounds 23
2.6 Financial reasons 24
2.7 Misrepresentation 25
2.8 Cessation of refugee protection 25
2.9 Non-compliance 26
2.10 Inadmissible family member 26
3. Overcoming Inadmissibility 26
3.1 Record suspension and rehabilitation 26
3.2 Temporary resident permit 27
3.3 Ministerial relief 28
3.4 Humanitarian and compassionate considerations 28
3 General Applications 29
1. Dependants 29
2. Biometrics 31
3. Medical Examination 32
4. Educational Credential Assessment 33
5. Police Certificate 33
6. Language Test Report 34
7. Document Translation 34
8. Forms and Documents 35
9. Applicable Fees 35
10. Application Submission 36
4 Detention Review 42
1. Grounds for Detention 42
2. Detention Review 43
2.1 Factors to be considered for detention review 43
3. Release 46
5 Admissibility Hearing and Removal Orders 47
1. Admissibility Hearing Process 48
2. Removal Orders 48
2.1 Types of removal orders 48
2.2 Specifications of removal orders 49

iv Canadian Immigration Handbook


2.3 Coming into force dates 49
2.4 Stay of removal orders 52
2.5 Enforcement of removal orders 53
6 Immigration Appeals 54
1. Types of Immigration Appeals 54
2. No Right to Appeal 55
3. Alternative Dispute Resolution 55
4. Time Limits 55
5. Disposition of Appeals 55
5.1 Allow an appeal 55
5.2 Stay a removal order 56
5.3 Dismiss an appeal 57
5.4 Reopen an appeal 58

Part II: Temporary Resident Classes 59


7 Visitor Class 61
1. Temporary Resident Visa 61
1.1 Visa exemptions 61
1.2 Transit without a visa 64
1.3 Types of temporary resident visas 65
2. Visa Application 66
3. Electronic Travel Authorization 66
8 Worker Class 68
1. Work without a Work Permit 69
2. Temporary Foreign Worker Program 72
2.1 Labour Market Impact Assessment 72
2.2 LMIA application 76
2.3 LMIA assessment factors 76
2.4 LMIA expiry date and duration 77
3. International Mobility Program 77
3.1 Open work permit 77
3.2 Employer-specific work permit 80
4. Work Permit Application 81
5. Validity of a Work Permit 82
6. Permanent Residence Avenues for Workers 82
9 Student Class 83
1. Study without a Study Permit 83
2. Study Permit 84
2.1 Study permit application 84
3. Work On- or Off-Campus 88
4. Post-Graduation Work Permit 89
5. Permanent Resident Avenues for International Graduates 89

Contents v
Part III: Federal Permanent Residence Programs 91
10 Federal Economic Permanent Residence Programs 93
1. National Occupational Classification 94
2. Express Entry 95
2.1 Comprehensive ranking system 96
2.2 Federal Skilled Worker 96
2.3 Canadian Experience Class 96
2.4 Federal Skilled Trades 101
3. Atlantic Immigration Class 102
4. Federal Business Immigration Programs 104
4.1 Start-up Visa 104
4.2 Self-employed Persons 106
11 Family Class 108
11. Sponsor 109
1.1 Who can be a sponsor 109
1.2 Requirements for a sponsor 109
1.3 Low income cut-off 112
2. Members of the Family Class 113
2.1 Exclusions 113
2.2 Spouse, common-law partner, conjugal partner 114
2.3 Dependent child 116
2.4 Adopted child 116
2.5 Parent and grandparent 117
2.6 Other relatives 118
12 Refugee Class 119
1. Key Terms 120
1.1 Asylum seeker 120
1.2 Refugee claimant 120
1.3 Convention refugee 120
1.4 Person in need of protection 121
1.5 Refugee sur place 122
1.6 Protected person 122
1.7 Non-refoulement 122
1.8 Cessation, exclusion, and vacation 123
2. Refugee and Humanitarian Resettlement Program 124
2.1 Private sponsors 125
2.2 Undertaking and financial assistance 126
2.3 Refugee and Humanitarian Resettlement Program application 127
3. In-Canada Asylum Claims 128
3.1 Eligibility examination 129
3.2 Refugee hearing 131

vi Canadian Immigration Handbook


3.3 Refugee appeal 133
3.4 Pre-removal risk assessment 134
3.5 Judicial review 137
13 Other Federal Permanent Residence Programs 138
1. Humanitarian and Compassionate Considerations 138
1.1 Humanitarian and Compassionate Considerations
general application 138
1.2 Public policy considerations 140
2. Temporary Resident Permit Holder Class 141

Part IV: Provincial Nominee Programs 143


14 Provincial Nominee Program Overview 145
1. General Categories 145
2. General Application Process 146
2.1 Nomination process for worker candidates 146
2.2 Nomination process for business candidates 146
3. Permanent Residence Application to IRCC 147
15 Alberta Advantage Immigration Program 148
1. Worker Streams 149
1.1 Alberta Opportunity Stream 149
1.2 Alberta Express Entry Stream 152
2. Business Streams 153
2.1 Graduate Entrepreneur Stream 153
2.2 Farm Stream 155
2.3 Graduate Entrepreneur Stream 155
16 British Columbia Provincial Nominee Program 158
1. Skilled Immigration and Express Entry BC 160
1.1 Skilled Worker 161
1.2 Healthcare Authority 162
1.3 International Graduate 162
1.4 International Post-Graduate 163
1.5 Entry-Level and Semi-Skilled 163
1.6 BC PNP Tech 163
1.7 Point grid for Skilled Immigration and Express Entry BC 165
2. Entrepreneur Categories 165
2.1 Base Category 172
2.2 Strategic Projects 173
17 Manitoba Provincial Nominee Program 175
1. Skilled Worker Stream 176
1.1 Skilled Workers in Manitoba 178
1.2 Skilled Workers Overseas 179

Contents vii
2. International Education Stream 179
2.1 The Career Employment Pathway 179
2.2 Graduate Internship Pathway 180
2.3 International Student Entrepreneur Pilot 181
3. Business Investor Stream 182
3.1 Entrepreneur Pathway 182
3.2 Farm Investor Pathway 184
18 New Brunswick Provincial Nominee Program 186
1. Worker Streams 188
1.1 NB Express Entry 188
1.2 NB Skilled Worker 188
1.3 NB Strategic Initiative 190
2. Business Immigration Stream 192
19 Newfoundland and Labrador Provincial Nominee Program 196
1. Worker Categories 197
1.1 Skilled Worker 197
1.2 Express Entry Skilled Worker 198
1.3 International Graduate 199
1.4 Priority Skills NL 199
2. Entrepreneur Categories 200
2.1 International Graduate Entrepreneur 201
2.2 International Entrepreneur 203
20 Northwest Territories Nominee Program 206
1. Employer-Driven Stream 207
1.1 High-skilled occupations 207
1.2 Low-skilled occupations 208
2. Business Stream 208
21 Nova Scotia Nominee Program 210
1. Worker Streams 211
1.1 Enhanced streams 211
1.2 Base streams 213
1.3 International Graduates in Demand 214
2. Entrepreneur Streams 215
2.1 Entrepreneur 215
2.2 International Graduate Entrepreneur 218
22 Ontario Immigrant Nominee Program 220
1. Employer Job Offer 222
1.1 Foreign Worker 222
1.2 International Student 223
1.3 In-Demand Skills 224

viii Canadian Immigration Handbook


2. Human Capital 226
2.1 International graduates 226
2.2 Ontario Express Entry 229
3. Entrepreneur 230
23 Prince Edward Island Provincial Nominee Program 233
1. Workforce Category 234
1.1 Skilled Worker 234
1.2 Critical Worker 235
1.3 International Graduate 236
1.4 PEI Express Entry 237
2. Business Impact Category 238
24 Saskatchewan Immigrant Nominee Program 240
1. International Skilled Worker 242
1.1 Employment Offer 247
1.2 Occupations In-Demand 249
1.3 Saskatchewan Express Entry 249
2. Saskatchewan Experience 249
2.1 Skilled Worker with Existing Work Permit 250
2.2 Semi-Skilled Agriculture Worker with Existing Work Permit 250
2.3 Health Professionals 251
2.4 Hospitality Sector Project 251
2.5 Long-Haul Truck Driver Project 252
2.6 Students 252
3. Entrepreneur and Farm 252
3.1 International Graduate Entrepreneur 253
3.2 Entrepreneur 253
3.3 Farm Owner and Operator 256
25 Yukon Nominee Programs 259
1. Yukon Nominee Program 260
2. Yukon Business Nominee Program 261

Part V: Quebec Programs 265


26 Quebec Programs 267
1. Economic Class 269
1.1 Worker programs 269
1.2 Businesspeople programs 274
2. Family Class 278
3. Humanitarian Class 281

Contents ix
Part VI: Citizenship 283
27 Citizenship 285
1. Acquisition 286
1.1 Born in Canada 286
1.2 Born outside Canada to a Canadian citizen 286
1.3 Naturalization 288
1.4 Adoption 290
1.5 Resumption 290
2. Loss of Citizenship 291
2.1 Renunciation 291
2.2 Revocation 291
Tables
1 IELTS to CLB Conversion 36
2 Commonly Applicable Fees 37
3 Application Processing Offices 40
4 Detention Review Time Frames 44
5 Removal Order Specifications — Issued by the Minister 50
6 Removal Order Specifications — Issued by ID Members 51
7 Immigration Appeal Time Limits 56
8 Immigration Appeal Record Submission Time Limits 57
9 IAD Proceeding — Other Time Limits 58
10 CRS Overview 97
11 CRS Core Human Capital Factors Points Breakdown 98
12 Skills Tranferability Factors Points Breakdown (Maximum 100) 99
13 FSW Point Grid 100
14 Settlement Funds 101
15 AIP Settlement Funds 105
16 Self-employed Person Selection Grid 107
17 LICO (If Required) for Sponsoring Members of the Family Class
Other Than Parents/Grandparents (PGP) 114
18 LICO for PGP 114
19 Important Time Limits for Refugee Hearings 132
20 Important Time Limits for the RAD Proceedings 135
21 AAIP Processing Fees 150
22 AOS Ineligible Occupations 150
23 AAIP GES Point Grid 154
24 AAIP FS Point Grid 157
25 BC PNP Processing Fees 160
26 BC PNP SI and EEBC Minimum Income Requirements 163
27 BC PNP ELSS Eligible Occupations 164
28 BC PNP Tech 29 Occupations 166
29 BC PNP SI and EEBC Point Grid 167

x Canadian Immigration Handbook


30 BC PNP EI — Base Category Point Grid 169
31 MPNP EOI Ranking Points Grid for Skilled Workers 177
32 MPNP Skilled Workers Overseas Self-Assessment Grid 180
33 MPNP Entrepreneur Pathway Point Grid 183
34 NB Express Entry Selection Factors 189
35 NB Skilled Worker Selection Factors 191
36 NB Strategic Initiative Selection Factors 193
37 NB Business Immigration Stream Selection Factors 195
38 NL Express Entry Skilled Worker Point Assessment Grid 198
39 NL In-Demand Work Pathway Questionnaire Scoring Grid 201
40 NL In-Demand Academic Pathway Questionnaire Scoring Grid 201
41 NL International Graduate Entrepreneur Point Grid 203
42 NL International Entrepreneur Point Grid 205
43 NS Entrepreneur Point Grid 216
44 NS International Graduate Entrepreneur Point Grid 217
45 ONIP Processing Fees 221
46 Foreign Worker Stream Point Grid 223
47 International Student Stream Point Grid 224
48 In-Demand Skills Point Grid 225
49 International Graduate Point Grid 227
50 OINP Entrepreneur Category Point Grid 231
51 PEI Skilled Worker Stream Point Grid 235
52 PEI International Graduate Stream Point Grid 236
53 PEI Express Entry Stream Point Grid 237
54 PEI Work Permit Stream Point Grid 239
55 SINP Processing Fee 241
56 SINP International Skilled Worker Point Assessment Grid 242
57 SINP International Graduate Entrepreneur EOI Point Grid 254
58 SINP Entrepreneur Category EOI System Point Grid 255
59 SINP Farm Applicant Intent Grading Criteria 257
60 YBNP Assessment Grid 263
61 Quebec Processing Fees 268
62 Quebec Regular Skilled Worker Program Selection Grid 271
63 Quebec Investor Selection Grid 275
64 Quebec Self-Employed Worker Selection Grid 277
65 Quebec Entrepreneur Selection Grid — Stream 1 279
66 Quebec Entrepreneur Selection Grid — Stream 2 280
67 Citizenship Fees 286

Contents xi
Notice to Readers

Laws are constantly changing. Every effort is made to keep this publication
as current as possible. However, the author, the publisher, and the vendor
of this book make no representations or warranties regarding the outcome
or the use to which the information in this book is put and are not assum-
ing any liability for any claims, losses, or damages arising out of the use of
this book. The reader should not rely on the author or the publisher of this
book for any professional advice. Please be sure that you have the most
recent edition.
Given the changing nature of Canadian immigration laws, we recom-
mend you check primary sources before proceeding with any immigration
matters.

xii
Dedication

In memory of my mother Lei Zuyu, and to my father Zhang Qixin.

xiii
Acknowledgements

This book is the fruit of encouragement, hard work, collaboration, and


love. I am indebted to my fellow writers at the Coquitlam Writers’ Group.
Without their kind and warm encouragement, and wise advice, the inspira-
tion and aspiration of writing such a book may end up being an endless
lamentable reverie.
I am grateful for my publisher, Mr. Tyler Douglas, and editor, Ms. Ei-
leen Velthuis. Their kind support and painstaking hard work are behind
the scenes. Yet without them, I do not know where the manuscript of the
book would go. I know that, in addition to their personal contribution and
dedication to the book, they also represent a dedicated team. Though I do
not personally know the names of all the other members of the team, my
heartfelt appreciation goes to you as well. The making of the book is the
collaboration between us because it takes a lot of work and quite a journey
to turn a piece of writing from a manuscript into a book.
I wish to thank all the authors of the sources I cited, consulted with,
and considered when writing this book: legislators, writers and researchers
of IRCC, CBSA, ESDC, IRB, and of the provincial/territorial immigration
offices as well as judges at the courts. As an RCIC, I frequent immigration-
related departmental websites, as the information provided by the sourc-
es developed by you is well-written and well-organized. I hope this book
guides both people with immigration needs and my fellow RCICs to the
needed sources that carry your efforts and devotion.
I cannot leave my loving and supportive husband, Thomas Lei, out of
the picture. During the production of the book, while he was busy with his
full-time job, he took over all our house chores and proofread the manu-
script. He was always ready to lend me a helping hand and he did this out
of sheer love.

xiv
Last but not the least, thank you, my readers. Without you, I am not
an author. Any error in the book is solely mine. As Stephen King said, “To
write is human.” (On writing: A Memoir of the Craft, New York, NY: Scrib-
ner, 2010.) So, my dear readers, I hope you would accept my sincere apolo-
gies to you if I have made human errors in the book.

January 22, 2022


Burnaby, BC
Zhang, Hui, RCIC (R524643)

Acknowledgements xv
Preface

This book was inspired by my best wishes for my students, and people with
Canadian immigration needs, as well as my hope for the Regulated Ca-
nadian Immigration Consultant (RCIC) profession, a group of Canadian
immigration and citizenship law practitioners who are authorized by the
Immigration and Refugee Protection Act and the Citizenship Act to provide
Canadian immigration and citizenship service and advice.
Some of my students asked me to recommend a book that could help
them refresh in their minds all the essentials of Canadian immigration
learned in the Immigration Practitioner Program (IPP). The textbooks for
the program are well-written and of high quality. My students can access
all the information they need on the websites of the related government
departments. Besides, the IPP incorporates training on research skills. Why
did they request such a book? Turns out, because it is hard to locate a piece
of particular information in a sea of sources. It is even more difficult to
distill information from those sources and develop them into practice tools.
For students studying Canadian immigration law, past and present:
Without mastery of the basics, an immigration practitioner is far from com-
petent. Though ethics cannot add competency, competency impacts ethics.
Striving to be an ethical and competent RCIC is my best wish for my stu-
dents. My students have laid the foundation for this during their IPP learn-
ing process. I hope this book consolidates the foundation.
For the people with Canadian immigration needs: Though they may seek
help from RCICs or Canadian lawyers, they are the ones who bear all the
consequences. If my students, beginners in the immigration arena, have dif-
ficulties locating or processing the information open to them, how difficult
is it for would-be immigrants and sponsors? Trusting somebody and follow-
ing someone blindly are different. These people are the decision-makers
for their lives. They need to make informed decisions on their immigration

xvi
journeys, which will set the tone for their entire futures. To make such
decisions, knowing where they are, where they want to go, and what the
paths are to get there, are indispensable. These people need to decide for
themselves where they want to go but what they may leave to a trusted au-
thorized representative’s hand is how to get there. With all the basics, the
book is a tool to help prevent immigration fraud and identify ethical and
competent immigration practices.
As for the immigration and citizenship profession overall: With the
coming into force of the College of Immigration and Citizenship Consultants
Act on November 26, 2020, we, RCICs, celebrate the establishment of our
profession. When helping clients move to Canada, we collectively shape
Canada, this land of democracy and freedom, in an unnoticeable yet sig-
nificant way. I hope this book may be of help in the furtherance of the good
work of our collective endeavours.

Preface xvii
Introduction

This primer on Canadian immigration is based on extensive research in a


sea of Canadian immigration information from various sources. It includes
all the essential information about Canadian immigration, and functions as
a search tool for immigration practitioners as well as a roadmap for people
with immigration needs.

1. What Is Immigration?
Immigration, in a nutshell, is about legal status, namely, who can come and
remain in Canada. Your status in the immigration context decides whether
Canada is open to you and through which channel you may seek entry to
and remain in Canada.
While Canadian citizens and people registered under the Indian Act
have absolute access to Canada, its access for other individuals is subject
to the assessment of two factors: eligibility and admissibility — the topics
of this book.

2. Why Is Grasping the Basics of Canadian


Immigration Important?
If you are a to-be immigrant, understanding the basics of immigration is
essential for you to make informed decisions on your immigration plans.
These basics are also the foundation of immigration practitioners’ ethi-
cal and competent practice.
Retaining the service of an immigration practitioner is a business trans-
action. It is unlikely that you would purchase a product without exploring
its functions first. Then when thinking about immigration, would you put
your future in the hands of someone else without knowing where you stand
and where your options reside? Without knowledge of the basics, you could

xviii
expose yourself to someone practicing immigration fraud or running an
otherwise unethical or incompetent practice.
Concerning immigration practitioners, mastery of the basics of Canadi-
an immigration in the areas we practice is at the core of our competencies,
which is comparable to mastery of the human anatomy to physicians. As
seeking permanent residence is the most demanded request in immigration
services, let us use the term of permanent resident as an example to see the
importance of the basics to immigration practitioners.
The term defined in section 2 of the Immigration and Refugee Protection
Act (IRPA) reads, “[P]ermanent resident means a person who has acquired
permanent resident status and has not subsequently lost that status under
section 46.” To fully understand the term, we have to find out other two
things: first, at what point a foreign national becomes a permanent resi-
dent? And second, at what point does a permanent resident lose the per-
manent resident status? An immigration practitioner who has difficulties
explaining this term to you resembles a surgeon who has to fumble around
to find the surgical operation spot in the middle of a surgery. Asking ques-
tions about the basics may give you an idea of how experienced and profes-
sional your immigration representative is.

3. How This Book Is Organized


This book starts with an overview of Canadian immigration. Next, it cov-
ers topics through a logical flow of a normal immigration path: temporary
residence programs, permanent residence programs, and citizenship. All
the monetary values are in Canadian dollars.
To improve the readability and meanwhile maintain the quality of the
book, the measures and programs that are temporary in nature and primary
sources are included in a separate downloadable kit. It contains the links
to further references and the sources that the author consulted or referred
to when writing the book for your easy access. It also includes the links of
the applicable primary sources of the acts, regulations, rules, and provincial
programs for your easy fact-checking. It further provides you with a list of
the most commonly used acronyms in Canadian immigration. Check the
table of contents and the download kit to make the best use of this book
and the kit. All the sources cited, consulted, or referred to when writing this
book, either in the footnotes or the kit, are online. If the listed URLs are
no longer available, you should be able to use a search engine to find the
relevant text.
The COVID-19 pandemic has brought forth travel restrictions, tem-
porary immigration measures, and regulatory changes. The travel restric-
tions and commonly applicable temporary measures available at the time
of writing are explained in the kit; some regulatory changes and temporary

Introduction xix
measures are explained in relevant chapters of the book. As the travel re-
strictions change based on the development of COVID-19 and temporary
immigration measures may have been expired or replaced, please check
Canada.ca to capture the updates by the Government of Canada.

4. A Note on Immigration Guides and Manuals


by Immigration, Refugees and Citizenship
Canada, and Provinces/Territories
Immigration, Refugees and Citizenship Canada (IRCC) is the federal de-
partment responsible for the administration of the Immigration and Refugee
Protection Act (IRPA). Provinces/territories have their provincial programs.
Both of them have detailed guides and manuals to walk you through appli-
cable immigration processes. Though they are well-written practical tools,
they are not binding. Therefore, when consulting an IRCC manual, a good
practice for immigration practitioners is to compare the information in it to
the applicable primary sources: sections of the IRPA and IRPR, Ministerial
Instructions, public policies, and case law if applicable.
You may encounter inconsistent information on different web pages
on the IRCC website. If this occurs, as of this writing you could check the
modified dates on the bottom left of the pages and follow the information
with the most recent date. The immigration information on the websites
of provinces/territories and in their guides may contain discrepancies too.
Search for any needed clarifications on their immigration homepages or
the first pages of the applicable guides to see which one prevails, or contact
the responsible immigration office.
This edition contains information that was current as of January 22,
2022, though we managed to include a couple of major changes coming
forth after that date at our last stages in March, 2022. Again, always con-
firm with the most recent laws and government publications.

xx Canadian Immigration Handbook


Part I
Canadian Immigration Overview

Immigration is about transnational border crossing, admission of foreign


nationals, and administration of non-citizens in a host country.
Canada is a popular immigration destination. People coming to Cana-
da are subject to Canadian immigration law. The law prescribes the status
of individuals in Canada who are not Canadian citizens nor people regis-
tered under the Indian Act.
Canadian citizens under the Citizenship Act and people registered un-
der the Indian Act have the absolute right to enter and remain in Canada.
Other people who do not have Canadian immigration status seeking entry
to Canada must apply to Immigration, Refugees and Citizenship Canada
(IRCC). To apply, they should check to be sure they are eligible for the
program that they apply to and not inadmissible. If their applications are
approved by IRCC and they are admitted to Canada, they get their status,
either as temporary residents or permanent residents. Some mechanisms
exist to allow people who are ineligible or inadmissible to enter or remain
in Canada on humanitarian and compassionate grounds, for refugee pro-
tection purposes, or in exceptional circumstances.
The immigration status of individuals decides their rights and obliga-
tions; namely, what they are entitled to, what they are allowed to do, what
they must comply with, and the consequences of non-compliance.
Canadian immigration status can be acquired. It can also be lost. Loss
of status may be caused by voluntary renunciation (applies to permanent
residents), authorization expiry (applies to temporary residents), coming
into force of a removal order, or determination by a decision-maker.

1
Part I of this book presents a framework of Canadian immigration, in-
cluding the sources of Canadian immigration law, decision-makers, autho-
rized representatives, entry requirements, status of individuals, generally
applicable matters, processing fees and processing offices, inadmissibility
grounds, and enforcement matters.

2 Canadian Immigration Handbook

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