Anaya Nolan
Canada's illegal immigration laws are governed by the Immigration and Refugee Protection Act (IRPA), which outlines the rules and procedures associated with immigrants in the country. While illegal entry is not an offence in Canada's Criminal Code, the IRPA allows officers of the Canada Border Services Agency (CBSA) to detain permanent residents and foreign nationals who violate the Act. In some cases, individuals may be granted temporary access to Canada with a Temporary Resident Permit, provided they do not pose a threat to Canadians. Refugee organisations and political parties often dispute the use of the term illegal when referring to asylum seekers, as Canada is a signatory to the UN Refugee Convention, which states that refugees should not be penalised for their method of entry as long as they present themselves to authorities without delay. Despite this, children of illegal immigrants in Canada are routinely held in immigration detention centres, and there have been reports of children being deported without consideration for their best interests.
| Characteristics | Values |
|---|---|
| Definition of illegal immigration | Entering or remaining in Canada in a manner contrary to the Immigration and Refugee Protection Act and its associated regulations. |
| Use of the term "illegal" | Disputed; the Conservative Party of Canada uses this term, while the Royal Canadian Mounted Police uses "interceptions", and the Government of Canada, refugee organizations, and the Liberal and New Democratic Parties use "irregular". |
| Criminality of illegal entry | Not an offence under the Criminal Code or Immigration and Refugee Protection Act, but failure to enter at a port of entry and promptly check in at a border point is a violation of IRPA. |
| Treatment of asylum seekers | Must present themselves "without delay" to authorities and show "good cause" for their presence to avoid penalty, per Article 31 of the UN Refugee Convention. |
| Treatment of minors | Children under 18 must follow standard visitor rules and provide proof of permission to travel from their parents or legal guardians. |
| Minors' rights | Canada has signed the UN Convention on the Rights of the Child, which requires the "'best interest of the child' to be the primary consideration in all decisions affecting children." |
| Minors' right to family reunification | Children may not bring their parents to Canada, and children remaining in their country of origin are generally not permitted to join their parents in Canada unless they were named as dependents in their applications for permanent residence. |
| Minors' access to education | Minor children must apply for a study permit if they want to study in Canada. |
| Temporary access | Individuals may be allowed temporary access with a Temporary Resident Permit if they do not pose a threat, for a cost of $200 per permit. |
| Deportation | There were 2,560 removal orders issued against illegal immigrants in 2018. |
| Human trafficking | Canadian law does not protect trafficked persons, including children, who may be treated as criminals. |
Explore related products
What You'll Learn
Canada's Immigration and Refugee Protection Act (IRPA)
The Immigration and Refugee Protection Act (IRPA) is an Act of the Parliament of Canada that came into force on 28 June 2002. It is administered by Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA). IRPA is the primary federal legislation regulating immigration to Canada and was preceded by the Immigration Act, 1976.
The Act establishes a high-level framework detailing the goals and guidelines set by the Canadian government regarding immigration to Canada by foreign residents. It also specifies how foreign nationals can work temporarily in Canada. In most cases, foreign nationals must obtain a work permit. They can do so under two programs: the Temporary Foreign Worker (TFW) Program and the International Mobility Program (IMP). The key distinction between the programs is whether employers are required to obtain a Labour Market Impact Assessment (LMIA).
The minister of public safety and emergency preparedness oversees the administration of the Act as it relates to examinations at ports of entry (POEs), enforcement, and inadmissibility on the grounds of security, organized criminality, or violation of international rights. The minister of immigration, refugees and citizenship, who oversees the IRCC, is responsible for governing the Act overall. The Immigration and Refugee Board of Canada (IRB) is an independent administrative tribunal that makes decisions on immigration and refugee matters, in accordance with the law.
The IRPA also integrates requirements under the Quarantine Act and the Emergencies Act, mandating that foreign nationals comply with orders and regulations designed to protect and preserve public health, such as those related to COVID-19. Non-compliance may result in foreign nationals being rendered inadmissible to Canada and subject to removal orders.
California's Immigration Laws: Federal vs. State Rights
You may want to see also
Explore related products
Humanitarian and compassionate considerations
Humanitarian and compassionate (H&C) considerations allow foreign nationals who are inadmissible or ineligible to apply for immigration to apply for permanent residence or an exemption from requirements of the Immigration and Refugee Protection Act (IRPA). This includes individuals who are already in Canada and those who are outside of the country.
To be considered for an exemption, applicants must clearly indicate the specific exemption(s) they are requesting, provide details related to their request, and demonstrate that there are sufficient and compelling reasons for granting an exemption. A person is only allowed to have one H&C application under consideration at any time.
When it comes to children, the best interests of the child must be considered in H&C assessments. This includes Canadian or foreign-born children who are directly affected by the decision, including those outside Canada. The relationship between the applicant and the child need not be that of a parent and child but could be another relationship, such as a grandparent who is the primary caregiver. The child must be under 18 years old at the time the application is received.
In addition to H&C considerations, minors (children under 18) travelling to Canada must follow certain rules. They must have permission from their parents or legal guardians and provide proof of this permission. If they are travelling with someone who is not their parent or legal guardian, that adult must have written permission from the parents or guardians and include contact information. While a letter of authorization is recommended, border services officers are on alert for children who need protection and will carefully check for missing or runaway children.
Administrative Law Rule: Overturning Statutory Law?
You may want to see also
Explore related products
Children's rights to be with parents
In Canada, children under the age of 18 are considered minors and must follow the same rules as adults when entering the country. If a minor child is travelling to Canada with adults who are not their parents or legal guardians, they must provide proof that they have permission from their parents or legal guardians. This can be in the form of a letter of authorization, signed by both parents or the legal guardian, including their address and telephone number, as well as the name, address, and telephone number of the accompanying adult. While this letter does not need to be certified, it is strongly recommended to have it in English or French. Additionally, a photocopy of the parents' or legal guardians' signed passports or national identity cards should be attached. If the child is travelling with only one parent, it is recommended to carry a consent letter signed by the other parent, or, in the case of a deceased parent, a copy of the death certificate.
In terms of studying in Canada, minor children must apply for a study permit, and each family member must separately apply for an Electronic Travel Authorization (eTA). It is important to note that some individuals may be deemed inadmissible to Canada for various reasons, including involvement in criminal activity, human rights violations, or organized crime, as well as security, health, or financial concerns.
For naturalized Canadian or permanent resident children who immigrated with only one parent, it is recommended to carry a consent letter signed by the parent living abroad. If obtaining such a letter is impossible, a copy of a court order granting full custody to the parent in Canada and stating that the other parent has no rights over the child can be presented. In cases where there is no court order, consulting a lawyer is advised as each situation is unique.
While there is no Canadian legal requirement for children to carry a consent letter, it may be requested by immigration authorities, and failure to produce one may result in delays or refusal to enter or exit a country. Even if a parent has full custody, it is advisable to obtain a consent letter from the other parent who has access or visitation rights. This letter can be customized to fit the specific situation and should include as many details as possible.
How Governors Can Enact Laws
You may want to see also
Explore related products
Access to public services
Children under the age of 18 are considered minors in Canada and must follow the same rules as other visitors when entering the country. If they are travelling with adults who are not their parents or legal guardians, they need to show proof that they have permission from their parents or guardians to enter Canada. They should bring updated documents if their situation changes after receiving a visa. Minors travelling alone or with someone other than their parents may be questioned by border services officers, who are trained to look out for children who need protection.
The Canadian government has signed the UN Convention on the Rights of the Child, which defines the rights of children – any person under the age of 18, unless a country’s law defines children differently. This convention requires countries to take into “primary consideration” the “best interest of the child” in all decisions affecting children. Canada’s Immigration and Refugee Protection Act (IRPA) requires that the Act be applied in a manner consistent with the Charter and in compliance with international human rights instruments, including the Convention on the Rights of the Child. While there are several areas where IRPA mandates a consideration of a child’s best interests, there are no overriding best interests considerations in immigration and refugee law.
Parents may sponsor their dependent children, but children may not bring their parents to Canada. Children who remain in their country of origin are not permitted to join their parents in Canada if they were not named as dependents in their applications for permanent residence. Children must wait for lengthy periods to reunite with resident parents and are often denied the ability to visit them. The Committee on the Rights of the Child has expressed concern that Canada has not appropriately applied the best interests of the child principle in asylum-seeking, refugee and/or immigration decisions.
In Canada, children are routinely held in immigration detention centres, even though the law states that detention should be a last resort. The UN recommended in 2003 that Canada adopt a national policy to care for children separated from both their parents who are seeking refugee status in the country. In 2011, no such policy was in place. Refugee children without a parent to look after them are vulnerable, and the Canadian government must step in. Trafficked children are sometimes treated more as criminals than as victims of a crime.
Township Lawmaking Powers: Understanding Legal Boundaries
You may want to see also
Explore related products
Temporary Resident Permits
A Temporary Resident Permit (TRP) is a temporary pass that allows a U.S. citizen or permanent resident to visit Canada for a “temporary” period of time, usually for a specific work, family, or emergency reason—even if they are criminally inadmissible to enter Canada. A TRP can be issued for as little as one day (single entry) or for as long as three years (multiple entries). The maximum duration of a TRP is three years, but this is unusual, especially if you apply at the border. The permit is usually issued for the length of your visit to Canada—for example, one week to attend a conference.
To be eligible for a TRP, your need to enter or stay in Canada must outweigh any health or security risks to Canadian society, as determined by an immigration or border services officer. Even if the reason you’re inadmissible seems minor, you must demonstrate that your visit is justified. There is no guarantee that you’ll be issued a TRP. If you’re a citizen of an eTA-required country and your application for an eTA was refused, you may be issued a TRP. This depends on the nature and circumstances of the inadmissibility and why you need to travel to Canada.
Any U.S. citizen or permanent resident is eligible for a TRP. You are eligible even if you are inadmissible based on your criminal record, as long as you submit a completed application and pay the required fee. You can apply for a TRP at any time. Unlike Criminal Rehabilitation or Deemed Rehabilitation, you do not have to wait a certain period after your conviction to apply.
To apply for a TRP, you must submit your application to the Canadian government for review. U.S. citizens or permanent residents have two options: submit your application to a Canadian border agent at any Point of Entry (POE) (i.e. border crossing) or submit your application by mail to the Canadian Consulate in Los Angeles. The Consulate typically takes about four months to process TRP applications, but it could be significantly longer based on staffing and demand.
The IRCC's standards are very high, and if a person wants to be issued a TRP successfully, their application must convince the adjudicator that their need to enter Canada is greater than their potential criminal or security risk to Canadian society. Canada has recently enacted new impaired driving laws, and as a result, a DUI is now considered a serious crime. Consequently, it is more difficult than ever for Americans with a DUI or DWI to get approved for special permission to cross the border.
The Legislative Process: Quick Bill-to-Law Transformation
You may want to see also
Frequently asked questions
Illegal immigration in Canada refers to the act of a non-citizen entering or remaining in the country in a manner that violates the Immigration and Refugee Protection Act (IRPA) and its associated regulations. This includes individuals who overstay their visas or enter Canada without presenting themselves at an official port of entry.
Canada's IRPA, established in 2003, outlines the laws and procedures related to immigration. It grants the Canada Border Services Agency (CBSA) the authority to detain permanent residents and foreign nationals who violate the Act. While illegal entry is not a criminal offence, individuals must comply with specific regulations, such as checking in at a border point without delay.
Illegal immigration can result in family separation, with children remaining in their country of origin while their parents reside in Canada. The IRPA considers humanitarian and compassionate factors, but there are no overriding best interests of the child considerations in immigration and refugee law.
Under Section 49.1 of Canada's Education Act, undocumented children under 18 have the right to free enrolment in school, regardless of their immigration status. However, undocumented status may limit access to other public services and increase the risk of exploitation.
Yes, parents may sponsor their dependent children for immigration. However, the process can be lengthy, and children may face challenges reuniting with their resident parents in Canada.
