Canadian Immigration Law FAQs
Below are some answers to commonly sked questions we receive. If you don't see an answer to your questions, or want more information, please contact us.
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1. Which family members can I sponsor to immigrate to Canada?
You can sponsor your spouse, common-law or conjugal partner, dependent children (under 22 years old), and, in some cases, your parents or grandparents. Family Class immigration streams require both sponsors and applicants to meet eligibility criteria and the sponsor must commit to financially supporting the applicants.
2. What is Canada’s Express Entry system for skilled workers?
Express Entry is a points-based system for people applying through the Federal Skilled Worker Program, Canadian Experience Class, Federal Skilled Trades Program or some hybrid Provincial Nominee/Express Entry streams. Applicants are ranked using the Comprehensive Ranking System, and every few weeks, those with the top scores are issued Invitations to Apply for permanent residence.
3. What is a Provincial Nominee Program (PNP)?
Provincial Nominee Programs (PNPs) allow provinces and territories to nominate candidates for permanent residence based on their local labour market needs. Each province has its own streams and criteria, and some are linked to Express Entry while others are paper-based. The PNPs generally support permanent residence applications, with interim work permits often available while the application is in process.
4. How do I seek refugee status in Canada?
You can apply for refugee protection at a port of entry, inland or sometimes from outside Canada under a resettlement program. To qualify, you must show you have a well-founded fear of persecution or are at risk of harm in your home country. Legal representation is strongly recommended.
5. What options does a stateless person have for immigrating to Canada?
Stateless persons may be eligible for protected person status, humanitarian and compassionate consideration, or refugee resettlement. Canada does not have a specific immigration stream for statelessness, but there are legal paths depending on the person’s circumstances and risks faced.
6. Can I immigrate to Canada if I have a criminal record?
It depends. A criminal record can make you inadmissible, but you may be eligible to overcome this through rehabilitation, a Temporary Resident Permit, or deemed rehabilitation depending on the nature and age of the offence. Getting legal advice is essential.
7. What can I do if my Canadian immigration application is refused?
Depending on the program and reason for refusal, you may be able to reapply, request reconsideration, appeal, or initiate an application for judicial review in the Federal Court. It’s important to understand the refusal letter and get legal advice to assess your options.
8. How can I become a Canadian citizen?
Canadian citizenship is obtainable through birth, naturalization, or descent. Naturalization requires three years of residency as a permanent resident, tax compliance, language proficiency (ages 18–54), and passing a citizenship test. Citizenship by descent via parents or grandparents is possible, but complex rules make seeking legal advice essential.
9. What is the difference between an immigration lawyer and an immigration consultant?
Regulated by provincial law societies, immigration lawyers hold law degrees and bar admissions. They manage all immigration, refugee, and citizenship matters, including applications, appeals, and court litigation.
Consultants are regulated by the College of Immigration and Citizenship Consultants. While they assist with many applications, they cannot represent clients in court or provide the same level of legal advocacy as lawyers.
10. What is the difference between a permit, a visa and permanent resident status?
In Canada, a visa grants entry, while a permit defines your activities. Work and study permits allow for temporary stays, whereas most visitors enter with a visa or eTA. A permanent resident visa leads to official status, permitting you to live and work anywhere in Canada and eventually apply for citizenship.
11. What are the different ways to immigrate to Canada?
Canada offers numerous immigration pathways to become a permanent resident. Major routes include the Economic Classes (PNPs, Express Entry, some business programs), Family Class (sponsoring your spouse, dependent children and in some cases, parents or grandparents) and Refugee and Humanitarian programs for individuals who are vulnerable or in need of protection.