FREQUENTLY ASKED QUESTIONS

FAQ

Visitor

1. Do I need a visa to transit through Canada?

If you are traveling through a Canadian airport and hold the citizenship of a country that requires a visa to visit Canada, then you will need a transit visa to travel through Canada without stopping or visiting. This is true even if you are in Canada for less than 48 hours and you're not leaving the airport.

Refugees

2. What are the necessary steps in order to prepare for a refugee hearing?

In order to prepare for a refugee hearing, a claimant must familiarize them with the refugee claim process in Canada. They may be able to take a free tour of Refugee Protection Division of Immigration and Refugee Board (IRB) in order to familiarize themselves with the process. Before the hearing, they must make sure they have gathered all the evidence and submitted copies of their documents and list of potential witnesses to IRB. These must be filed at least 10 days before the hearing. They should also review their Basis Of Clain (BOC) form to make sure all the information is correct and make necessary changes or/and addition. The updated BOC should be received by IRB no later than 10 days before the date of hearing. If they need special accommodation as a result of physical or mental disability, or other vulnerabilities, they should request for accommodation at least 10 days before the hearing. Finally, they should prepare to provide testimony to support their claim. They can review possible questions with their representative if they have one.

3. Who is a refugee?

Sections 96 and  97 of IRPA define convention refugee and person in need of protection respectively as:

Convention refugee

96 A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,

  • (a) is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themself of the protection of each of those countries; or

  • (b) not having a country of nationality, is outside the country of their former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.

Person in need of protection

  • 97 (1) A person in need of protection is a person in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally

    • (a) to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or

    • (b) to a risk to their life or to a risk of cruel and unusual treatment or punishment if

      • (i) the person is unable or, because of that risk, unwilling to avail themself of the protection of that country,

      • (ii) the risk would be faced by the person in every part of that country and is not faced generally by other individuals in or from that country,

      • (iii) the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and

      • (iv) the risk is not caused by the inability of that country to provide adequate health or medical care.

  • Marginal note:
    Person in need of protection
    (2)     A person in Canada who is a member of a class of persons prescribed by the regulations as being in need of protection is also a person in need of protection.

Facing a general danger by itself is not a merit for a refugee claim. You need to establish a well-founded threat that is personally affecting them.

Foreign Workers

4. What is a work permit and what types of restrictions may it set out?

A foreign national may not work in Canada unless authorized by IRPA. Some foreign nationals may require a work permit, which is written authorization, to work in Canada. There are two types of work permits: open work permit and employer-specific work permit. Some restrictions that work permits may have include: how long one can work, where one can work, and for what employer(s) one can work. There are general and specific conditions that are imposed on work permits as per sections 183, 185, 209.2 of IRPR.

5. What is the maximum allowable cumulative time that a temporary foreign worker can work in Canada? 

Maximum cumulative time of employment for foreign workers has been eliminated. There is no maximum amount of time that a foreign worker can work in Canada; however, their work permit may be issued for a specific time, after which they will require to renew or obtain a new work permit to continue working.

6. What is a positive LMIA? 

A positive Labour Market Impact Assessment (LMIA) or confirmation letter is issued by Employment and Social Development Canada (ESDC) which indicates a labor shortage for a specific job. In other words, there are no Canadians or PR’s available to fill a vacancy and an employer may hire foreign national(s) to fill the job.

7. What must an employer do with regard to an LMIA and hiring a foreign worker. What would an employer get an LMIA for?

An LMIA is a document issued by ESDC that an employer in Canada may need to obtain in order to hire foreign worker to fill a job that no Canadian or PR is available to fill. Put simply, ESDC by issuing a positive LMIA gives permission to the employer to hire a foreign worker. Once an LMIA is issued, a copy is provided to foreign worker so they can apply for  a work permit.In order to obtain an LMIA, an employer sends an LMIA application along with supporting documents to ESDC along with an application fee, which is $1000. For certain sectors, like agricultural stream, there is no fee. They must show they qualify and have made the required effort to hire Canadians or PR’s, but have been unsuccessful. They may be required to submit proof of business legitimacy.

8. What are the benefits of an employer hiring an Internationally Trained Worker?

By hiring Internationally Trained Workers, employers and businesses can fill vacancies with qualified people and increase diversity of workplace as ITW’s come from various cultures and can introduce employers and businesses to new ways of doing business and problem solving. This could also help employers to run a more effective business.As ITW’s may speak different languages, they can help an employer or business to increase their reach in the marketplace and increase their competitiveness. ITW’s may also introduce employers to other highly trained prospective employees as well as national and international organizations.

9. What are the steps once a positive LMIA has been issued? 

Once a positive LMIA is issued, the employer must send a copy of the letter and Annex A to the foreign worker and ask them to apply for a PR visa or/and a work permit. The foreign national submits the appropriate application along with a copy of LMIA, and signed job offer to the appropriate visa/IRCC office. IRCC will assess the application, the foreign national’s eligibility, and admissibility and will render a decision on the application for PR visa or/and work permit.

10. What is an Unnamed Labour Market Impact Assessment and for how long is it valid for? 

If an LMIA application does not contain the name of temporary foreign workers and the employer meets the requirements for a positive LMIA, ESDC will issue a positive Unnamed LMIA. In this case an employer has applied for an LMIA before identifying a temporary foreign worker. An Unnamed LMIA is valid for 6 months. 

11. What are the differences between the Temporary Foreign Worker Program and the International Mobility Program?

A foreign national may work in Canada under either Temporary Foreign Worker Program or International Mobility Program. Both programs allow employers to hire foreign workers to fill labor shortages; however, under the International Mobility Program, employers are exempt to obtain an LMIA and foreign workers can obtain an open work permit or an authorization to work without a permit

The basis of this exemption is to provide broader economic, cultural or other competitive advantages for Canada, and the reciprocal benefits enjoyed by Canadians and permanent residents. Since IMP does not require LMIA, IRCC has sole responsibility for this program. Employers who wish to hire foreign workers through IMP may submit an offer of employment on the Employer Portal. If they are not exempt and are hiring a foreign worker who does not have a valid open work permit, they are required to pay a compliance fee of $230. Employers are not required to pay this fee if they are hiring through TFWP.

Under TFWP, employers are required to obtain a positive LMIA from Employment and Social Development Canada to confirm that there is a labor shortage and no Canadians or permanent residents are available to do the job. Therefore, LMIA issuance is the responsibility of ESDC and work permit is issued by IRCC. Employers are required to pay an LMIA application fee of $1,000 unless they are exempt. TFWP is designed to address specific temporary labor shortages in Canada and foreign workers will be issued an employer-specific work permit.

Under both programs a foreign national must be admissible to Canada and undergo background checks by CBSA. They may also be required to undergo medical examination depending on the length of their stay and nature of their employment.

12. Am I eligible to apply for an open work permit?

An open work permit is a work permit that does not require an LMIA or a job offer. In other words, it is a work permit that is not job-specific. Certain foreign nationals may be eligible for an open work permit. Sections 204 to 208 of Immigration and Refugee Protection Regulations (IRPR) describes situations in which an LMIA-exempt (open) work permit may be issued to a foreign worker:

204: International agreements

205: Canadian interests

206: No other means of support

207: Permanent residence applicants in Canada

207.1: Vulnerable workers

208: Humanitarian reasons

Five specific examples of individuals who may receive an open work permit are:

  1. A recent post-secondary graduate from an eligible DLI who meets the requirements for PGWP.

  2. Spouse of a foreign national with a valid study permit.

  3. A refugee claimant.

  4. A foreign worker with an employer-specific work permit who is facing abuse in relation to their job can apply for an open work permit.

  5. In Canada permanent residence applicants. For example foreign national who has applied under Spouse or common-law partner in Canada class.

Students

13. I am an international student in a four-year science and technology degree program at Capilano university. Would I be able to work without a work permit during the summer between semesters?

As long as you study full-time at Capilano University, you can work full-time during regularly scheduled breaks, which include summer session, reading week and breaks between terms without a work permit and provided your study permit states you can work off campus. Otherwise, you can request IRCC to add that to your study permit. Assuming your study permit states you can work on or off-campus, and since you are studying in a program that is more than 6 months in length at a DLI, you are allowed to work full-time without a work permit off campus during the summer and 20 hours during regular sessions. In order to be eligible to work full-time off-campus you must have been a full-time student in the previous semester and intend to be a full-time student in the following semester. It should also be noted that you can also work on-campus without work permit if you are a full-time student. You can work off-campus only if you are studying part-time in your last semester because you don't need a full course load to complete your program and you have been studying full-time in all previous semesters.

14. Are there possible restrictions imposed on a Study Permit? 

Foreign nationals who come to Canada to study in a program that is longer than 6 months require a study permit and are considered temporary residents. As such they will need to comply with certain conditions as set out by Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR) and must satisfy the officer they will leave Canada after the completion of their studies. An officer also may impose specific conditions in accordance to section 185 of IRPR. For a study permit holder, these could include the type of studies or courses they may take, the location of their studies, the specific educational institution, the times and periods of their studies. Also, the officer could put certain conditions to clarify the type of work they are authorized or prohibited to engage in. They also could set a date by which the foreign student must leave. Furthermore, section 220.1 of IRPR describes the conditions that a holder of study permit is subject to. Namely they need to be enrolled in Designated Learning Institution until they complete their studies and actively pursue their course of program. Holders of study permit may be eligible to work under certain conditions in accordance to sections 186(f) and 186(v) of IRPA if stated on their study permit that they can work on or off-campus. 

Permanent Residency

15. What is Express Entry?

Express Entry is an online application tool that individuals who are interested in immigrating to Canada under one of the Economic Categories - FSW, FST, CEC, and a portion of PNP - are required to use to submit their application for PR. They are required to create a profile and submit all necessary documents online. Their profile will be assessed and given a score (maximum 1200) based on their answers. The score takes into account their skills, education, language ability, work experience, adaptability, and arranged employment. Based on this score their profile is ranked in the Express Entry Pool and candidate with high scores are invited to apply for PR. If an individual receives an Invitation To Apply (ITA), they have 60 days to submit their PR application.

16. Could a Permanent Resident lose his status?

There are several instances that one can lose their PR status. Section 46(1) of IRPA lists these instances. Four ways that one may lose their PR status are: 

  1. They become a Canadian citizen;

  2. They voluntarily renounce their PR status and an officer approves their application to renounce their PR status;

  3. They fail to meet the residency obligation set out under section 28 of IRPA AND an official decision has been made on their status. For example a negative decision by member of Immigration Appeal Division for Permanent Resident Travel Document appeal;

  4. They become inadmissible to Canada for reasons of security (IRPA s 34), human or international rights violations (IRPA s 35), serious criminally (IRPA s 36(1)), organized criminality (IRPA s 37), or misrepresentation (IRPA s 40) AND as a result a removal order has been made against them and the removal order comes into force.

17. Can you please explain the steps to obtain PR for an application outside Canada?

There are various ways that one can obtain PR, and the first step is to apply under one of the immigration programs described in section 70(2) of IRPR, which are family class, economic class, and the convention refugee abroad and the country of asylum class. It should be noted that an individual may be eligible for more than one stream. After determining the class under which to apply for PR, the applicant submits the application forms and the supporting documents as well as proof of payment for applicable fees to IRCC or the visa office depending on the program they are applying under. In the next steps visa or immigration officers will perform initial screening of the application and to see if the applicant is eligible for the program they are applying under. In order to ensure security and safety of Canada and Canadians, the officers will conduct an admissibility evaluation to ensure that applicant is not inadmissible to Canada, These include evaluation of background checks, biometrics, medical examination. CBSA, RCMP, CSIS may become involved in this stage. Next, the officer may conduct an interview. For example, interview an applicant who is applying for PR under family class to determine the genuineness of the relationship. After all these steps, the officer will either issue a Confirmation of Permanent Residence and PR visa or a refusal letter. The final steps of becoming a PR is to arrive in Canada and be admitted to Canada as a Permanent Resident. The CBSA officer will review your documents and ensure your information is up to date and that you have not become inadmissible. After the individual is admitted to Canada as PR, they have obtain their PR status and their PR card will be mailed to them within 2 months. 

18. Is there an exception to being inadmissible to Canada as a result of excessive demand on Canada’s health or social services on health grounds?

 IRPA s. 38(2) and IRPR s. 24 provide exception to inadmissibility of foreign national for causing excessive demand on Canada’s health or social services on health grounds. It must be noted that foreign national may still be inadmissible as a result of health condition that imposes a danger to public health or public safety of Canada.

19. What are the sponsorship requirements?

To sponsor, one must be a PR or a Canadian citizen, be 18 years old or older, not subject to any sponsorship bar if applicable, sign an undertaking agreement, and not be in prison, bankrupt, under a removal order, or charged with a serious offence. They also should not be receiving social assistance unless for disability or EI. They must live in Canada (with exception of Canadian citizen who must show they intend to live in Canada when the sponsored person becomes a PR.) 

20. What is an undertaking? 

One of the requirements the sponsor needs to meet in order to sponsor a member of the family class is to promise they will financially support the person they are sponsoring for a specific time for basic needs such as food, shelter, clothing, and health needs not covered by provincial or territorial health insurance. This binding promise is called an undertaking and is part of the sponsorship application. The sponsor is responsible for financially supporting the person sponsored even if any of the following occurs: • Relationship ends (for example in case of spousal sponsorship, they divorce); • The person sponsored becomes a Canadian citizen; • The sponsor’s financial situation changes (for example they become unemployed); • The sponsor withdraws the sponsorship application after COPR is issued. 

The duration of undertaking depends on the relation to the sponsor, the age of the person being sponsored, and if the sponsor lives in Quebec or another province. If the person sponsored receives social assistance, the sponsor is required to pay that amount back to the government and is not eligible to sponsor anyone else until they have repaid that amount. 

21. Who is considered a dependent child? 

A child is considered a dependent if they meet the definition of dependent child according to IRPR s 2. That is they are their biological or adopted child, less than 22 years old and not married or in a common law relationship. A child may be considered a dependent if they are 22 or older only if they have depended on financial support of their parent(s) since before the age of 22, and are unable to financially support themselves as a result of physical or mental condition.

22. How much am I required to invest in Canada to qualify under self-employed category?

There is no minimum investment level for a self-employed person; however, you will need to show that you have the capital required to create an employment opportunity for yourself and support yourself and your family members.

23. How long do I have to be present in Canada to keep my PR status? 

A PR must comply with residency obligation with respect to every five-year period.  Must be physically present in Canada for at least 730 days out of every five years.

Other

24. What are the differences between compensated and uncompensated representatives for immigration matters?

In order to provide immigration services, which could include providing immigration related advice, reviewing and/or completing forms, representing individuals for immigration or refugee proceedings, one may charge a fee or receive other forms of considerations. In this case they are considered to be compensated representative and MUST be authorized. To be authorized one must be either a lawyer or a Regulated Canadian Immigration Consultant (RCIC). In other words, anyone who receives money in connection to provide immigration services must be a member in good standing of a Canadian provincial or territorial law society or the Immigration Consultants of Canada Regulatory Council. This applies to paralegals as well. It must be noted that only lawyers can represent a client at the provincial or federal courts.On the other hand, individuals who do not charge fees or receive other consideration for providing immigration services are considered uncompensated representatives and do not require to be a member of a recognized regulatory body. When lawyers or RCIC’s represent clients pro bono, they are considered uncompensated representatives. Other examples of uncompensated representatives are: family members, friends, international organizations and non-government organizations (NGOs).


25. Can you please describe the removal order appeal process?

 A permanent resident or protected person who has been issued a removal order either by a member of Immigration Division after an admissibility hearing or by CBSA at examination, may appeal the removal order to Immigration Appeal Division. A foreign national has no right of appeal. Also if a PR or protected person has been found inadmissible on the basis of one of the grounds described below, they have no right of appeal:

    • Serious criminality, which is defined as having:

      • been punished in Canada by a sentence of six months or more of imprisonment, or

      • been convicted of an offence outside Canada that would be punishable in Canada by a maximum term of imprisonment of at least ten years, or

      • committed an act outside Canada that would be punishable in Canada by a maximum term of imprisonment of at least ten years.

    • Organized crime

    • Security grounds

    • Violations of human or international rights

If the individual is eligible for an appeal to IAD, they must file an appeal of removal order with IAD within 30 days. A hearing will be held and a member of IAD will render one of the following three decisions:

One: Appeal is allowed and the person may remain in Canada.

Two: Appeal is dismissed and the person may be removed from Canada.

Three: Stay of removal. The removal order is suspended with conditions and the appellant may remain in Canada temporarily.

After a period of time, an IAD member reviews the stay and reconsiders the appeal.