Professional Documents
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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.
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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
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
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
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
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
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
xiii
Acknowledgements
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.
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
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.
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.
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.
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.