In Immigration Law

When someone immigrates to Canada they can apply to become a permanent resident. When citizenship is later attained, the residency dissolves. As well, residency can be lost for several other reasons. Foreign nationals can become a permanent resident through a specific application process. There are special humanitarian considerations that can be applied for in a residency application. Your permanent residency is a key step in transitioning into your Canadian life. Click immigration law to learn more.

Permanent Canadian Residents

After two years of living in Canada, a person can apply for Canadian residency.  When someone neglects their citizenship under the Citizenship Act they are still considered a permanent resident. These are 8 ways a person can lose their resident status in Canada:

  • When you attain your full Canadian citizenship.
  • If you have failed to comply with the residency obligations.
  • If you have a residency removal order placed against you.
  • If your refugee protection has ceased.
  • If you choose to leave Canada, which forgoes a protection or refugee claim.
  • If an officer makes a determination to renounce your permanent residency status.
  • If you are found to have obtained your residency through misrepresented information or other fraudulent acts.
  • If you are engaged in an armed conflict with Canada.

Foreign Nationals

A foreign national is any person who is not a Canadian citizen or permanent resident. Foreign nationals must apply for a visa in order to apply for residency under the Immigration and Refugee Protection Act. An officer must assess the visa application in order to validate that the individual is not inadmissible and that they qualify for the application. A permanent visa is required for any foreign national to enter or permanently remain in Canada. Foreign nationals do not receive the same principle of equality under 15(1) of the Charter that full Canadian citizens are awarded.

Can A Foreign National Become A Permanent Resident?

A foreign national can only apply for a permanent Canadian residency upon invitation from the minister.  Officers cannot accept an application, assess an application or issue a visa to foreign national who has not previously received an invitation. Foreign nationals must make their applications through a provided electronic system unless they are mentally or physically unable to operate the system.

Humanitarian & Compassionate Considerations

When a foreign national is both seen as inadmissible and does not qualify for permanent residency under the Immigration and Refugee Protection Act, they can still be granted permanent residency. Humanitarian and compassionate considerations justify the residency. These considerations s can only be legitimate of the individual in questions is not a criminal, in violation of human rights, and in not inadmissible on security grounds. Request for these considerations must be made in writing and must accompany the residency application. The minister must consider several factors regarding the hardships that the foreign national faces if they are not allowed to remain in Canada. Applications for these considerations must be made at least five years after any claims for refugee status, or for national protection have been submitted. The minister must immediately refuse an early application.

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