Immigration Law

Canada's immigration system is entirely federal, governed by IRPA. IRCC manages applications; the IRB handles hearings and appeals. The terminology in an IRCC decision letter or IRB notice is not optional reading — deadlines are strict, and missing one can end an application or trigger removal proceedings.

How Canada Selects Permanent Residents

Canada uses multiple pathways to permanent residence, each with different eligibility criteria, processing times, and annual quotas. In October 2024, the federal government reduced its immigration targets: 380,000 new PRs in 2026, down from 485,000 in 2024, citing housing and infrastructure pressures.

Economic immigration accounts for the largest share of admissions. Three federal economic streams are managed through Express Entry:

Provincial Nominee Programs (PNPs) allow provinces and territories to nominate candidates based on local labour market needs. A provincial nomination adds 600 points to a candidate's CRS score — effectively guaranteeing an Invitation to Apply (ITA) through Express Entry. Each province runs its own streams with separate eligibility criteria and application processes.

Family sponsorship allows Canadian citizens and permanent residents to sponsor eligible relatives. Sponsors must meet income thresholds and sign an undertaking to financially support the sponsored person:

Refugee protection is a separate pathway for people who cannot safely return to their home country due to persecution, risk of torture, or risk to life.

Express Entry: How the Points System Works

Express Entry is a pool-based system. Candidates create a profile and receive a Comprehensive Ranking System (CRS) score. IRCC holds draws from the pool and issues ITAs to the highest-scoring candidates.

CRS score components (no accompanying spouse):

Since May 2023, IRCC has run category-based draws targeting specific occupations and French-language proficiency. These draws have lower CRS cutoffs than all-program draws. Candidates in healthcare, trades, STEM, education, and agriculture have received ITAs with scores in the 300s–400s, while all-program draws have required 480–510+. Category-based draws continued through 2026 as IRCC's primary selection mechanism.

Core Immigration Terms

Permanent Resident (PR) — A person granted the right to live and work anywhere in Canada indefinitely, without being a citizen. PRs must meet a residency obligation: 730 days physically present in Canada within every five-year period. Days spent outside Canada while accompanying a Canadian citizen spouse, or while employed by a Canadian business abroad, can count toward this requirement.

Inadmissibility — A legal finding that a person cannot enter or remain in Canada. Common grounds:

• Serious criminality: a conviction resulting in a sentence of 6 months or more, or an offence that could carry a maximum of 10+ years in Canada
• Misrepresentation: providing false information on an application — results in a 5-year bar on new applications
• Health grounds: a condition that would cause excessive demand on health or social services
• Security grounds: espionage, terrorism, organized crime membership

An inadmissibility finding does not automatically mean removal. Depending on the ground and the person's status, there may be appeal rights through the Immigration Appeal Division (IAD) or an application for a Temporary Resident Permit (TRP).

Removal Order — An official order requiring a person to leave Canada. Three types, with different consequences for re-entry:

Temporary Resident Permit (TRP) — Allows an otherwise inadmissible person to enter or remain in Canada for a specific purpose and period. A TRP is discretionary — IRCC weighs the reason for entry against the risk. A person with a single DUI conviction applying to attend a business conference may receive a TRP; a person with a serious violent offence is unlikely to.

Humanitarian and Compassionate (H&C) grounds — A discretionary application allowing a person to apply for permanent residence from within Canada despite not meeting standard eligibility criteria. IRCC considers establishment in Canada, best interests of any children, and hardship if the person were required to leave. An H&C application does not provide an automatic stay of removal.

Pre-Removal Risk Assessment (PRRA) — An assessment of the risk a person would face if removed to their country of origin. Most people facing removal can apply, but refugee claimants cannot apply for a PRRA until 12 months after their RPD decision. A positive PRRA results in protected person status.

Work Permits and Study Permits

Closed work permit — Authorizes work for a specific employer, at a specific location, for a specific period. Most employer-specific work permits require a Labour Market Impact Assessment (LMIA) — a document from Employment and Social Development Canada (ESDC) confirming that no qualified Canadian worker was available for the position.

LMIA exemptions apply to many categories, including:

• Intra-company transfers
• Workers covered by international trade agreements (CUSMA/USMCA, CETA)
• Spouses of skilled workers and international students
• Significant benefit to Canada (athletes, artists, researchers)

LMIA-exempt work permits are processed under the International Mobility Program (IMP). Employers must submit an offer of employment through the Employer Portal and pay a $230 compliance fee per worker.

Open work permit — Allows the holder to work for any employer in Canada (with some restrictions). Issued to:

• Spouses of skilled workers and international students
• Refugee claimants
• Graduates from eligible Canadian institutions (Post-Graduation Work Permit / PGWP)
• Permanent residence applicants with pending applications

Post-Graduation Work Permit (PGWP) — Issued to international graduates of eligible Canadian institutions. Duration matches the length of the study program, up to a maximum of 3 years. Since November 2024, PGWP eligibility is restricted to graduates of programs aligned with labour market needs — not all programs at eligible institutions qualify. Graduates of master's programs of less than 2 years receive a 3-year PGWP regardless of program length.

Electronic Travel Authorization (eTA) — Required for visa-exempt foreign nationals (other than US citizens) flying to Canada. An eTA is linked to the traveller's passport, valid for 5 years or until the passport expires. It does not guarantee entry — a CBSA officer makes the final admissibility decision at the port of entry.

The Immigration and Refugee Board (IRB)

The IRB is Canada's largest independent administrative tribunal, headquartered in Ottawa with regional offices in Vancouver, Calgary, Toronto, and Montreal. It has four divisions:

Refugee claim processing: As of mid-2026, the RPD backlog remains substantial. Average processing times have exceeded 24 months in many cases. Claimants can apply for a work permit and access provincial health coverage while their claim is pending, though coverage varies by province.

Judicial review of IRB decisions goes to the Federal Court of Canada. Leave (permission) to apply must be obtained — the Federal Court grants leave in roughly 20–25% of applications. The court reviews whether the IRB's decision was reasonable, not whether it reached the correct outcome.

Convention refugee vs. person in need of protection:

• A convention refugee has a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group (1951 UN Refugee Convention)
• A person in need of protection faces a risk of torture, risk to life, or risk of cruel and unusual treatment — without necessarily meeting the convention refugee definition
• Both categories result in protected person status and the right to apply for permanent residence

Recent Changes Affecting Immigration