Search this article on Google: What are the crucial provisions and regulations of Canadian Immigration Law for aspirants seeking permanent residency?
Canada has always been a desirable destination for those seeking a better life. Its robust economy, excellent healthcare system, and high standard of living are just a few of the reasons why thousands of people from around the world apply for permanent residency each year. However, the path to becoming a permanent resident in Canada can be complex, entwined in a web of legal provisions and regulations. Herein, we delve into some of these key provisions and regulations as interpreted by legal experts from LexLords Canada Immigration Lawyers.
The Immigration and Refugee Protection Act (IRPA):
The IRPA is the primary legislation that governs immigration and refugee law in Canada. It lays out the requirements for entry into Canada and stipulates the conditions for granting asylum, determining admissibility and deportation procedures. Permanent residency aspirants must meet the criteria outlined under economic immigration programs such as Federal Skilled Workers Program (FSWP), Federal Skilled Trades Program (FSTP), and Canadian Experience Class (CEC).
Introduced in 2015 under the IRPA, the Express Entry System fast-tracks the application process for skilled workers. Aspirants are screened based on factors such as age, education, work experience, and language proficiency, following which they’re ranked in a Comprehensive Ranking System (CRS). Top-ranked candidates are then invited to apply for Permanent Residency.
This landmark case expanded the Humanitarian and Compassionate (H&C) Grounds application by defining a flexible standard to assess hardship. The court ordered that immigration officers must consider all circumstances concerning an applicant rather than rigidly adhering to pre-set categories of hardship.
Under the Family Class Sponsorship provisions, Canadian citizens or permanent residents over 18 years can sponsor their relatives, including spouses, common-law partners, dependent children, and parents to come to Canada.
Case Law: Baker v. Canada (Minister of Citizenship and Immigration),  2 SCR 817:
This case significantly impacted the way IRPA handles best interests of children in immigration matters. The judgement underscored the need for officers to carefully consider children’s interests in every decision affecting them.
Provincial Nominee Program (PNP):
The PNP facilitates provinces to nominate individuals who wish to immigrate to Canada and are interested in settling in a particular province. Each Canadian province and territory has its PNP with criteria tailored to its specific needs.
Medical and Criminal Admissibility:
Applicants for Canadian immigration must pass medical and criminal admissibility assessments as per Sections 34-39 of the IRPA. Grounds of inadmissibility include serious health conditions, criminal behaviour, misrepresentation on application, and security risks.
Case Law: Hilewitz v. Canada (Minister of Citizenship and Immigration); De Jong v. Canada (Minister of Citizenship and Immigration), 2005 SCC 57:
This case addressed medical inadmissibility, underlining that officers assessing an application must consider the applicant’s capacity to mitigate potential excessive demand on health or social services.
These significant legal provisions illustrate the complexities involved while navigating Canadian immigration law. Prospective immigrants must be aware of these regulations to ensure a successful application. Although Canadian immigration law is complex, with seasoned legal guidance from firms like LexLords Canada Immigration Lawyers, aspirants can successfully achieve their dreams of becoming permanent residents of Canada.