Cecily Zamora
Canada has a long-standing tradition of welcoming immigrants and helping vulnerable people. The country's immigration laws are based on the Immigration and Refugee Protection Act (IRPA) from 2002, which is amended as per requirements. The fundamental principle of immigration law in Canada is that non-citizens do not have an automatic right to enter or remain in the country. Canada sets targets for the number of immigrants allowed into the country through the Immigration Levels Plan, which is introduced each year. The majority of immigrants are selected for their ability to contribute to the economy, while the remaining are chosen based on family reunification and humanitarian grounds.
| Characteristics | Values |
|---|---|
| Immigration laws | Immigration and Refugee Protection Act (IRPA) |
| Immigration categories | Economic contribution (60%), Reuniting families (25%), Refugees and humanitarian (15%) |
| Immigration targets | 395,000 permanent residents in 2025, 380,000 in 2026, and 365,000 in 2027 |
| Screening criteria | Health, criminal record, security risk |
| Immigration selection | Based on a points system |
| Citizenship application | After living in Canada for 1095 days (3 years) in any five-year period, provided that at least two of those years were lived in Canada as a permanent resident |
| Children's rights | IRPA mandates that the best interests of the child are considered, but there are no overriding considerations in immigration and refugee law |
| Refugee protection | Available, with options for refugee sponsorship |
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What You'll Learn
Immigration and Refugee Protection Act (IRPA)
The Immigration and Refugee Protection Act (IRPA) is an Act of the Parliament of Canada that regulates immigration to Canada by foreign residents. It is administered by Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA). The IRPA came into force on 28 June 2002, replacing the Immigration Act, 1976 as the primary federal legislation on immigration.
The IRPA sets out the goals and guidelines of the Canadian government regarding immigration. It also specifies that the Act must be applied in a manner consistent with the Charter and in compliance with international human rights instruments to which Canada is a signatory, including the Convention on the Rights of the Child (CRC).
Under the IRPA, the Immigration and Refugee Board of Canada (IRB) is an independent tribunal responsible for making fair and timely decisions on immigration and refugee matters in accordance with the law. The IRB's decisions must comply with the Charter, including its principles of equality and freedom from discrimination.
While the IRPA does not have overriding best interests of the child considerations, there are several sections that mandate an assessment of the child's best interests. For example, humanitarian and compassionate considerations may be taken into account when making decisions that affect children. However, the best interests of the child principle does not apply to family reunification for refugee children with parents in other countries.
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Refugees and humanitarian immigration
Canada's refugee system is primarily regulated by the Immigration and Refugee Protection Act (IRPA) and consists of two programs: the Refugee and Humanitarian Resettlement Program and the In-Canada Asylum Program. The IRPA, accompanied by the Immigration and Refugee Protection Regulations and Protection of Passenger Information Regulations, replaced the Immigration Act of 1976 in 2002. The IRPA's goals include economic growth, family reunification, and compliance with humanitarian treaties. It gives broader discretion to immigration officers when evaluating applications and outlines several objectives in respect of refugees:
- To recognise that the refugee program is, first and foremost, about saving lives and offering protection to the displaced and persecuted.
- To fulfil Canada's international legal obligations to refugees and affirm its commitment to international efforts to provide assistance to those in need of resettlement.
- To grant, as a fundamental expression of Canada's humanitarian ideals, fair consideration to those who come to Canada claiming persecution.
- To offer safe haven to persons with a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group, as well as those at risk of torture or cruel and unusual treatment or punishment.
- To establish fair and efficient procedures that will maintain the integrity of the Canadian refugee protection system, while upholding respect for human rights and fundamental freedoms.
Canada's refugee system is the largest tribunal in the country, hearing over 25,000 claims a year. Decisions of the Immigration and Refugee Board of Canada (IRB) can be appealed to the Federal Court, which hears about 2,500 appeals on immigration and refugee matters annually.
Canada's refugee system also includes the Government Assisted Refugee (GAR) program, where refugees are referred by the UNHCR or another designated organisation and receive government funding for their first year in Canada. There is also the Privately-Sponsored Refugee (PSR) program, where refugees are sponsored by an organisation or private persons during their first year, and the Joint-Assistance Sponsorship Program (JAS), where both the government and a private sponsor share responsibility for the refugee.
Canada's immigration process has been praised as a model for other countries, particularly its economic immigration process, which is managed through a point-based system called Express Entry. This system gives preference to younger candidates with job offers and high levels of education, experience, and language proficiency.
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Economic contribution of immigrants
Canada has one of the highest migration rates in the world, and its immigration policy focuses on selecting immigrants based on their skills and qualifications to meet labour market demands. The country has a sparse population spread over a vast landscape and has faced acute labour shortages. As a result, it has actively sought immigrants to fill these gaps.
Immigrants contribute to the Canadian economy in several ways. Firstly, they increase the size of the labour force, which is particularly important given Canada's low birth rate and ageing population. A larger labour force means more workers contributing to the economy through their labour and the payment of taxes. Immigrants are also over-represented in certain sectors, such as STEM, where their skills are in high demand. They are also often willing to take on jobs that Canadians may not want, filling an essential need in the labour market.
Secondly, immigrants bring diversity and innovation, which can enhance the country's economic performance. For example, international students contribute over $21 billion to the national economy through tuition fees and other expenditures, and they expose Canadians to new cultures and ideas, fostering innovation and important intercultural skills. Immigrant-owned firms also create employment opportunities for Canadians and strengthen commercial ties with other countries.
Thirdly, immigrants contribute to the economy as consumers. By spending money on goods, housing, and transportation, they stimulate economic growth and create demand for various products and services. This, in turn, can lead to increased production and further economic development.
Finally, immigrants can help alleviate the economic burden of an ageing population. As the number of retirees increases, there will be fewer workers to support them through taxes. Immigrants, who tend to be younger, can help balance this ratio and ensure that future generations do not bear the full cost of supporting an ageing population.
In conclusion, immigrants make significant contributions to Canada's economy by increasing the size and productivity of the labour force, fostering innovation and diversity, stimulating consumption, and helping to address the challenges posed by an ageing population. While there may be concerns about the impact of immigration on the economy, the overall contribution of immigrants is positive and essential to Canada's economic growth and development.
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Family reunification
Permanent residents in Canada, including refugees, can apply to sponsor their family members if they meet certain requirements. These include not receiving social assistance for reasons other than a disability and being able to provide for the basic needs of the family members they wish to sponsor. Eligible family members include a spouse or common-law partner, unmarried dependent children under 22 years of age (and their dependent children), and parents and grandparents. However, there are limited spaces available for sponsoring parents and grandparents, and prospective sponsors must submit "expressions of interest" during predetermined intake periods.
Refugees in Canada have specific avenues to reunite with their immediate family members, who are referred to as "dependants." Newly arrived refugees can take advantage of the One-Year Window of Opportunity Provision, which allows them to apply for reunification with family members left behind or whose whereabouts were unknown at the time of their arrival. To be eligible, dependent family members must have been identified on the refugee's original Canadian application, and there are a few exceptions to this rule. Those joining through this program do not have to meet financial requirements and may benefit from services for resettled refugees.
While Canada's immigration laws provide for family reunification, there are some challenges. The financial requirements for sponsoring family members can be beyond the capacity of many. Additionally, there are limited spaces for sponsoring parents and grandparents, and the application process can be lengthy, often taking more than a year for family members to arrive. Furthermore, Canada has been criticised for not appropriately applying the best interests of the child principle in immigration, asylum-seeking, and refugee detention situations, with children often facing lengthy separations from their parents.
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Immigration violations and fraud
One area of concern is the use of paid immigration representatives, such as consultants, lawyers, or Quebec notaries. If you choose to employ one of these representatives, it is essential to ensure that they are licensed to represent you or provide advice. Unlicensed representatives may not have the necessary knowledge or qualifications to provide accurate and legal advice, which could potentially result in immigration violations.
Another issue to be aware of is the potential for fraud or abuse during the immigration process. This could include threats or abuse from individuals claiming to be from the immigration department or other forms of coercion. It is important to know your rights and how to identify and report such behaviour. Canada provides resources to help individuals protect themselves from fraud and abuse, including a secure web form for reporting immigration fraud.
In terms of refugee and immigration law, Canada must comply with international human rights instruments to which it is a signatory, such as the Convention on the Rights of the Child (CRC). While there is no overriding "best interests of the child" principle in immigration and refugee law, there are several sections of IRPA that mandate an assessment of the child's best interests. For example, humanitarian and compassionate considerations may be taken into account when making decisions that affect children. However, there are also discrepancies in how these laws are applied, particularly in the case of family reunification for refugee children or unaccompanied minors seeking asylum.
To summarise, it is important to be vigilant and informed when navigating Canada's immigration laws to avoid violations and fraud. By understanding your rights and the resources available, you can better protect yourself and ensure compliance with the country's immigration regulations.
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Frequently asked questions
The fundamental principle of immigration law in Canada is that non-citizens do not have an unqualified right to enter or remain in the country.
Canada's immigration system includes categories for economic contribution, reuniting families, and refugees and humanitarian cases.
The standard route for immigration to Canada involves a points system, which assesses candidates' abilities and predicts how they will contribute to and succeed in the country.
The current Immigration Levels Plan for 2025-2027 aims to welcome 395,000 permanent residents in 2025, 380,000 in 2026, and 365,000 in 2027.
To become a Canadian citizen, an immigrant must live in Canada as a permanent resident for at least two out of any five-year period, with a total residence time of 1095 days (3 years).
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