The process of immigrating to Canada is governed by the Immigration and Refugee Protection Act (IRPA). Its implementing guidelines, the Immigration and Refugee Protection Regulations, provide for the methods and requirements of immigration and those seeking asylum in Canada. The IRPA also outlines specific offences and penalties for violation of its provisions.
What are the four (4) types of immigrants in Canada?
For selecting and processing permanent residents in Canada, the IRPA provided four (4) types or categories of immigrants:
- Immigrant Sponsored by Family (Family Reunification) (Section 12(1), IRPA)
- Economic Immigrants (Section 12(2), IRPA)
- Refugees (Section 12(3), IRPA)
- Other Immigrants
Foreign National
The different categories of immigrants have their respective requirements and processes on how to immigrate to Canada and become a permanent resident.
The law presumes that a person is already a foreign national when they apply for permanent residency through any of the four types or categories.
Under the IRPA, a foreign national (Section 2) is one who is not a Canadian citizen nor a permanent resident. A stateless person is also considered a foreign national.
Some examples of foreign nationals are:
- foreign business visitors (Section 187, Regulations);
- foreign diplomats (Section 190(2), Regulations);
- foreign students, through a student visa (Section 9 (1), Regulations);
- temporary foreign workers, through a work permit (Section 8 (1), Regulations);
- visitors or tourists (Section 191, Regulations); or
- illegal residents or undocumented persons
A foreign national must then apply for a permanent resident visa to remain in Canada indefinitely through any of the categories of immigrants. Another option is to apply for a temporary resident visa (also called visitor visa) for a short-term stay (Division 1, Regulations).
Foreign nationals are at risk of being deported when these legal processes are not followed. It is highly recommended for a foreigner to know these requirements and processes before entering Canada. Consult with an immigration lawyer in the province that the foreigner plans to move to. If planning a move to Québec, for example, speak with one of the best immigration lawyers in Québec.
Immigrant Sponsored by Family (Family Reunification)
Under family reunification, Canadian permanent residents may sponsor their relatives who apply for permanent residency. They are subject to the requirements of the provisions under “family class” (Part 7, Regulations), such as sponsorship obligations (e.g., signing of an undertaking, assumption of obligations for minors and senior citizens, etc.).
The sponsored relative may also study or work in Canada, subject to other regulations.
Economic Immigrants
Skilled workers, entrepreneurs, investors, and provincial and territorial nominees may immigrate to Canada as economic immigrants through the Express Entry process or the Provincial Nominee Program (PNP).
Economic immigrants are chosen based on their ability to contribute to Canada’s economy through their skilled labour or business operations. Once they are selected, they may then proceed with their application for permanent residency in Canada.
Refugees
While refugees cannot directly apply for permanent residency in Canada, there are two kinds of refugees who may immigrate to Canada and be granted permanent residency.
First are government assisted refugees, who are refugees referred by the UN High Commissioner for Refugees. Second are privately sponsored refugees, who are refugees sponsored by other designated referral organizations or private sponsors.
Both would still have to undergo the process of immigrating to Canada under the IRPA and its Regulations.
Here’s a short video on how immigrants and refugees move to Canada:
Other Immigrants
Any immigrants not falling under the three other types or categories belong to this category. For these immigrants, special regulations from the Canadian government apply, depending on their circumstances.
Who can sponsor you in Canada?
Any person already living in Canada may sponsor their spouse, partner, parent, grandparent, child, or other relative to live in Canada. They can apply under family reunification and become a permanent resident in Canada.
What are the requirements to immigrate to Canada?
Aside from the statutory requirements set by the categories or types of immigrants under the IRPA, there are also procedural requirements under these methods on how to immigrate to Canada: Express Entry System or the Provincial Nominee Program (PNP).
Express Entry
Express Entry is an online system administered by the federal government and Immigration, Refugees and Citizenship Canada (IRCC) which processes applications of skilled workers who wish to immigrate to Canada.
Under Express Entry’s requirements, applicants must be:
- below 30 years old;
- holder of at least two bachelor's degrees or a master's degree;
- proficient in English and/or French; and
- have at least three years of skilled work experience.
Provincial Nominee Program (PNP)
Provinces and territories may nominate persons to qualify for permanent residency under the Provincial Nominee Program (PNP), allowing them to migrate to a specific province or territory.
Each province or territory has different requirements under its immigration programs which target certain groups (called “streams”) such as students, businesspeople, or skilled workers, especially those who have experience in high-demand occupations.
After obtaining the nomination of the preferred province or territory, applicants may then apply through Non-Express Entry or the Express Entry.
What is the easiest way to immigrate to Canada?
The Express Entry process is the easier way to immigrate to Canada. However, this would still depend on the specific circumstances of each applicant or immigrant.
Is Canada difficult to immigrate to?
Canada welcomes applicants or immigrants, especially those who are assessed to contribute significantly to Canada’s economy. Each applicant or immigrant must still comply with the requirements under the IRPA and its regulations to legally become temporary and permanent residents of Canada.
Which Canadian province is easiest to immigrate to?
Under their PNP and Express Entry processes, here are some of the provinces or territories which are easier to immigrate to:
- Alberta Express Entry Stream
- Nova Scotia Labour Market Priorities Stream
- Ontario’s Express Entry Human Capital Priorities Stream
- Saskatchewan Immigrant Nominee Program (SINP)
Do you have more questions on how to immigrate to Canada? Comment below or consult with the best immigration lawyers in Canada to help you with your immigration needs.