Canadian Immigration

Canadian immigration has been a central part of Canada’s social and economic development. It has facilitated the reunification of families and has helped to create a multicultural society (see Immigration Policy in Canada; Refugees to Canada).

Immigration in Canada is based on three broad objectives: enhance and promote economic development, reunite families, and fulfill international obligations and uphold its humanitarian tradition.

Legal Requirements

The Government of Canada promotes the entrance of immigrants and provides programs to assist newcomers in settling in Canada. It also grants Canadian citizenship and travel papers (such as passports).

A permanent resident must be physically present in Canada for at least 730 days (2 years) in every 5-year period to remain eligible for Canadian citizenship. If a person does not meet these requirements, they may be removed from Canada.

In addition, they can be deemed to be inadmissible if they have a criminal record, medical problems or other issues that might prevent them from being accepted into Canada.

If you are a permanent resident and have a family member who is a refugee, you can sponsor them for citizenship. Your family member will have to meet residence criteria and assurance of support.

The immigration system is designed to keep Canada a safe and welcoming country for people from around the world. If you would like to know more about how you can become a citizen or move to Canada, contact us today.

Work Permits

A work permit is a document that allows foreign nationals to enter Canada for a specific period of time. There are a few different kinds of work permits and the requirements for each can vary depending on where you live and what kind of job you want to do in Canada.

The main purpose of a work permit is to allow a foreign national to be employed by a Canadian employer. The Canadian government requires that employers get an LMIA (Labour Market Impact Assessment) before hiring a foreign national.

The government also recently announced that international graduates with an expired or expiring post-graduation work permit will qualify for an additional 18-month work permit to stay longer and gain more Canadian work experience. This extension of the COVID-19-era temporary public policy is expected to help tens of thousands of future permanent residents transition into the Canadian labour market each year.

Criminal Record Checks

The government of Canada and Immigration, Refugees and Citizenship Canada (IRCC) want to ensure that all visitors, temporary workers, students, tourists, caregivers and permanent resident applicants have a clean record before entering Canada. This is why they require criminal record checks before approving any immigration application.

A criminal record check will include all arrests, detentions without charges, incarcerations, release dates and court cases involving a person’s name. These records can come from a variety of sources, including courts, law enforcement agencies and corrections agencies, offender registries and watch lists, state and federal criminal record repositories and the FBI’s Interstate Identification Index.

Fortunately, Canadian immigration law offers a provision that deems an individual no longer inadmissible to Canada if they have been convicted of a summary offense (punishable by a fine and/or up to six months’ jail time), or if they have received a pardon. This conditional rehabilitation is available for a period of 10 years from the date that the offence occurred, or, in the case of an absolute discharge, a year from the time that the offence was completed.

Admissibility Hearings

The Immigration Division (ID) of the Immigration and Refugee Board holds Admissibility Hearings for people who are believed to be inadmissible or removable from Canada. These hearings are conducted at the request of a Canada Border Services Agency (CBSA) officer who provides a report with the reasons for which they believe the person should not be admitted to, or allowed to stay in, Canada.

Sections 33 to 43 of the Immigration and Refugee Protection Act lay out the grounds for inadmissibility to Canada. These include security considerations, human or international rights violations, serious criminality, organized crime, health grounds, financial considerations, misrepresentation, non-compliance with the Act, inadmissible family members and other grounds.

At an admissibility hearing, you, your lawyer and a member of the Canadian immigration authority will present evidence in support or against you. The decision maker will then determine whether you should be allowed to remain in Canada or removed from it by a removal order.