Canada Immigration Law: Everything You Need to Know

Canada is a popular destination for immigrants from all over the world. It is a welcoming and inclusive country with a strong economy and high quality of life. However, Canadian immigration law is complex and can be difficult to navigate.

This blog post will provide you with a comprehensive overview of Canadian immigration law, including the different types of visas, the eligibility requirements, the application process, and some common mistakes to avoid.

The Canada Immigration Act, 1976 (the Act) sets out the legal framework for Canada immigration. It establishes the categories of people who are eligible to immigrate to Canada, the requirements that they must meet, and the process for applying for and obtaining immigration status.

The Act is divided into three parts:

• Part I- Sets out the general principles and objectives of the Act, as well as the powers and duties of the Minister of Immigration, Refugees and Citizenship Canada (IRCC).
• Part II- Sets out the categories of people who are eligible to immigrate to Canada, as well as the requirements that they must meet. These categories include:
  • Skilled workers
  • Business immigrants
  • Family members of Canadian citizens and permanent residents
  • Refugees
• Part III- Sets out the process for applying for and obtaining immigration status. This includes the procedures for submitting applications, processing applications, and making decisions on applications.

Immigration Law in Canada | 2023 Guide

Immigration and Refugee Protection Act, 2001

The Immigration and Refugee Protection Act, 2001 (IRPA) replaced the Canada Immigration Act, 1976 on June 28, 2002. The IRPA is a more comprehensive and modern piece of legislation that reflects the changing nature of immigration to Canada.

The IRPA sets out the following objectives for immigration to Canada:

• To promote the settlement of immigrants who are able to contribute to the economic, social, and cultural fabric of Canada;
• To reunite families;
• To protect refugees and other persons in need of protection.

The IRPA created the Immigration and Refugee Board (IRB), which is responsible for adjudicating refugee claims and appeals. The IRPA also established a new category of temporary residents, which includes visitors, students, and workers. It introduced a number of new measures to combat illegal Canadian immigration, such as the removal of inadmissibility periods for certain categories of people.

The IRPA has been amended a number of times since it was first enacted. In 2012, the Balanced Refugee Reform Act was passed, which made a number of changes to the refugee determination process, including introducing a new one-year time limit for making refugee claims. In 2018, the Immigration and Refugee Protection Act was amended to make it easier for skilled workers and entrepreneurs to immigrate to Canada. The changes also made it easier for Canadian citizens and permanent residents to sponsor their family members to immigrate to Canada.

The Canada Immigration Act, 1976 and the Immigration and Refugee Protection Act, 2001 are the two most important pieces of legislation that govern immigration to Canada. In addition to these two acts, there are a number of other acts like The Extradition Act, Criminal Code, Income Tax Act that are considered while immigrating to Canada.

Types of visas

There are many different types of visas that allow people to enter and stay in Canada. Some of the most common types of visas include:

• Permanent resident visa (PR visa): This visa allows you to live and work in Canada permanently. There are many different ways to obtain a PR visa, such as through the Express Entry system, family sponsorship, or provincial nomination programs.
• Temporary resident visa (TRV): This visa allows you to stay in Canada for a specific period of time, such as for work, study, or tourism. There are many different types of TRVs, such as visitor visas, student visas, and work permits.
• Student visa: This visa allows you to study at a designated learning institution (DLI) in Canada. You must be accepted to a DLI before you can apply for a student visa.
• Work permit: This visa allows you to work in Canada for a specific employer. You must have a job offer from a Canadian employer before you can apply for a work permit.
• Visitor visa: This visa allows you to visit Canada for tourism or business. You can stay in Canada for up to six months on a visitor visa.

Eligibility requirements:

The eligibility requirements for each type of visa vary. However, there are some general requirements that all applicants must meet, such as:

• Having a valid passport
• Being admissible to Canada (e.g., not having a criminal record)
• Meeting the minimum language requirements (English or French)

Some types of visas also have additional eligibility requirements. For example, to apply for a Canada PR visa through the Express Entry system, you must score a certain number of points based on your age, education, work experience, and language skills.

Application Process:

The application process for each type of Canada immigration visa also varies. However, there are some general steps that all applicants must follow, such as:

1. Completing a Canada immigration visa application form
2. Providing supporting documentation, such as a passport, birth certificate, and police clearance check
3. Paying the visa application fee
4. Attending a Canada immigration visa interview (if required)

Once you have submitted your application, it will be processed by the Canadian government. The processing time can vary depending on the type of Canada immigration visa you are applying for and the current workload of the Canadian government.

Common mistakes to avoid:

Here are some common mistakes to avoid when applying for a Canadian Immigration visa:

• Not meeting the eligibility requirements: Make sure that you meet all of the eligibility requirements for the type of visa you are applying for before you submit your application.
• Submitting incomplete or inaccurate information: Be sure to complete all of the required fields on the Canada visa application form and to provide accurate information. Any false information or omissions can lead to your application being denied.
• Not submitting all of the required supporting documentation: Be sure to submit all of the required supporting documentation, such as a passport, birth certificate, and police clearance check.
• Not paying the Canada visa application fee: Be sure to pay the Canada visa application fee in full before you submit your Canada Visa application.
• Not attending the visa interview (if required): If you are required to attend a visa interview, be sure to do so on time and be prepared to answer questions about your Canada Visa application.

Canadian immigration law is complex, but it is important to understand the basics before you apply for a visa.

If you have any questions about Canadian immigration law or the application process, please contact a qualified immigration consultant. Nexus Migration is a leading Dubai-based immigration consultancy with a proven track record of success in helping clients achieve their Canada immigration goals. We offer personalised guidance and support throughout the immigration process, from start to finish.

Contact us today for a free consultation to learn more about your Canadian immigration options.