Immigration categories

A group of small peaked-roofed white tents on a gravel road in a wooded area under a blue sky with clouds. In front of them are three cement blocks and three roads signs, two of which are diamond shaped with unfinished metal facing the camera, while the third, on the left, reads "Accés interdit aux piétons – No pedestrians". In front of the tent and on the right a man wearing a blue shirt and darker blue pants sits on a folding chair


In Canadian law, (legal) immigrants are categorized by Immigration, Refugees and Citizenship Canada (IRCC) as either of the following:

  1. Family: persons closely related to one or more Canadian residents who live in Canada.
  2. Economic: skilled workers, caregivers, or business persons.
  3. Protected person or Refugee: persons who are escaping persecution, torture, and/or cruel and unusual punishment.
  4. Humanitarian or other: persons accepted as immigrants for humanitarian or compassionate reasons.

In 2010, Canada accepted 280,681 immigrants (permanent and temporary) of which 186,913 (67%) were Economic immigrants; 60,220 (22%) were Family class; 24,696 (9%) were Refugees; and 8,845 (2%) were others through working holidays, internships, and studies.

Economic immigrantsedit

IRCC uses seven sub-categories of economic immigrants, including skilled workers, under the following classes:

  • Quebec skilled worker;
  • Federal skilled trades;
  • Federal skilled worker;
  • Provincial nominee class; and
  • the Canadian experience class: the process is done by submitting an online profile to the Express Entry pool, under one of 3 federal Canada immigration programs or a provincial immigration program. The highest ranked candidates are then invited to apply for permanent residence.

The business immigration programs that offer permanent admission to Canada include:

  • Quebec Immigrant Investor Program (QIIP)
  • Quebec Entrepreneur Program;
  • Quebec Self Employed;
  • Federal Start-UP Visa program.

Individuals with a certain net worth can also apply for permanent residence via certain programs. For business owners and investor immigrants who do not fit into the Start-Up business class or Quebec Provincial programs, there is a Federal Owner Operator LMIA pathway that if executed correctly can lead to permanent admission to Canada.

The high-profile Skilled worker principal applicants group comprised 19.8% of all immigration in 2005. Canada has also created a VIP Business Immigration Program which allows immigrants with sufficient business experience or management experience to receive the Permanent Residency in a shorter period than other types of immigration.

As of May 1, 2014, the Federal Skilled Worker Class opened once again accepting 25,000 applicants with intake caps at 1,000 per category. A New Economic Action Plan 2015 took effect in January 2015 in which the skilled worker program will be more of an employer based program. The current list of accepted occupations for 2014 includes many occupations such as senior managers, accountants, physicians and medical professionals, professionals in marketing and advertising, real estate professionals and many more.

A candidate's eligibility for Federal Skilled Worker category is assessed based on six selection factor points and scored on a scale of 100. The current pass mark is 67 points.

Six Selection Factor Points:

  • Language skills points
  • Education points
  • Work experience points
  • Age points
  • Arranged employment in Canada points
  • Adaptability points

Candidates may check their eligibility by referring to the points table at the official government website or by using Federal Skilled Worker Selection Factor Points Calculator.

The changes in 2015 moved permanent residency in Canada away from the "first come, first served" model, and towards a new structure that took on permanent residents based on Canada's economic need. The new system is called "Express Entry". Alberta's Immigrant Nominee Program (AINP), in particular, allows skilled workers, along with their families, to make application for permanent residency, and several large Alberta employers with operations in rural areas actively recruit employees from abroad and support them and their families in seeking permanent residency.

Effective August 2, 2016, all home buyers who are not Canadian citizens nor have landed immigrant status are obliged to pay a 15% Property Transfer Tax when purchasing residential property in the Greater Vancouver Regional District.

Family classedit

Under a government program, both citizens and permanent residents can sponsor family members to immigrate to Canada.

Refugeesedit

Under Canadian nationality law an immigrant can apply for citizenship after living in Canada for 1095 days (3 years) in any 5-year period provided that they lived in Canada as a permanent resident for at least two of those years. The opposition parties have been advocating providing one-year free residency visa for refugees as a chance to increase their living standards until they're ready to migrate back to their home countries, rather than uprooting them from their heritage and culture in forms of relief.

Claiming asylum in Canadaedit

A person who is seeking asylum in Canada must be first considered eligible by the Immigration and Refugee Board of Canada(IRB). The IRB classifies eligible refugees into two separate categories:

  • Convention Refugees: Someone who is outside and unable to return to their home country due to a fear of persecution based on several factors including race, religion, and political opinion.
  • A person in need of protection: Claims for asylum under this category are usually made at a point of entry into Canada. Those claiming to be a person in need of protection must be unable to return to their home country safely because they would be subjected to a danger of torture, risk for their life or risk of cruel and unusual treatment.

After entry and eligibility interview the asylum seeker is either allowed or declined admission. Those who are admitted submits in writing their reasons of admissibility. The refugee board hears their case after 60 days and in favorable terms the claimants are accepted as refugees. If the claims are not deemed appropriate by the interviewer, the asylum seeker may be deported.

There are many instances in which claims have been deemed ineligible for referral to the IRB, notably those by migrants who seek entry into Canada through the U.S., where the Safe Third Country Agreement (STCA) is applied. The STCA is responsible for limiting refugee eligibility to enter Canada and the rejection of several hundred claims a year since its implementation. The Canadian Border Services Agency (CBSA) reported a drop in the number of claims from 6,000–14,000 before the STCA's implementation to an average of 4,000 claims per year after its implementation.

Asylum claimants have been subjected to "indirect refoulment," a consequence of a persons claim in Canada being refused under the STCA, subjecting them to deportation to the destination in which the person was originally seeking asylum from, due to more conservative immigration and refugee policies in the U.S.

Refugees in detentionedit

As part of the passing of Bill C-31 in December 2012, asylum seekers arriving at a point of entry on the Canadian border have been subject to incarceration and detention. Claimants are subject to detention for failing to provide sufficient identification documents, which is in violation with the United Nations Refugee Convention, to which Canada is a signatory. In 2010–2011, Canada detained 8,838 people, of which 4,151 of them were asylum seekers or rejected refugee claimants. There is a requirement to the maximum time limit spent in detention upon being released, a situation which has been subject to criticism held in contrast to areas in Europe: Ireland (30 days), France (32 days), Spain (40 days), and Italy (60 days).

Private Sponsorship of Refugees Programedit

The Private Sponsorship of Refugees Program is a Canadian initiative established in 1978 under Operation Lifeline, whereby refugees can resettle in Canada with support and funding from private or joint government-private sponsorship. The program was established in 1978, and it has since resettled and provided support for over 200,000 refugees under various initiatives and with fluctuating annual intakes.

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