L9 - Immigration Flashcards
About Agriculture and Immigration, what does section 95 of the Constitution Act, 1867, says?
Provinces can make laws about agriculture and immigration within their own province.
The federal Parliament (Canada) can also make laws about agriculture and immigration that apply to all or any provinces.
If there’s a conflict between a provincial law and a federal law on these subjects, the federal law wins (the provincial law only works “as long and as far” as it doesn’t go against a federal law).
Who is legally permitted to work in Canada?
Canadian Citizens and Permanent Residents
“Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right […] to pursue the gaining of a livelihood in any province.”
s.6(2)(b) - Const. Act, 1867
What is the right of foreign nationals to work in Canada?
A foreign national may not work […] in Canada unless authorized to do so
under this Act.
s.30(1) IRPA
What are 3 ways to become Canadian resident?
1.Born in Canada
2.Born outside of Canada, but from a Canadian parent
3.Through becoming a permanent citizen of Canada
4.
One does not become a Canadian resident only by staying in Canada over a period of time
What are 2 ways to lose permanent resident status?
-Become criminally inadmissible to Canada
-Failure to meet residency requirements
Can foreign nationals work without a permit? Explain
Yes, under specific circumstances. They must, however, maintain valid temporary resident status
ss. 186-187 of IRPR
What is the definition of work, according to s.2 of IRPR
work means an activity for which wages are paid or commission is earned, or that is in direct competition with the activities of Canadian citizens or permanent
residents in the Canadian labour market
Where can we find some guidance regarding definition of work, wages and commission, and competitive activities?
On the IRCC website
Immigration, Refugee, Citizenship Canada
What are competitive activities?
Officers should consider whether there is entry into the labour market. Questions to consider:
Will they be doing an activity that a Canadian or permanent resident should really have an opportunity to do?
Will they be engaging in a business activity that is competitive in the marketplace?
If the answer to either of these questions is ’yes‘, the foreign national intends to engage in a competitive activity, which would be considered “work”.
What are the 2 programs for foreign workers?
Temporary Foreign Worker Program
International Mobility Program
What is the main difference between the TFWP and the IMP?
TFWP = You need an LMIA, proving no Canadian can do the job.
IMP = No LMIA needed, because there’s another reason Canada allows the worker in.
LMIA: Labour Market Impact Assessment
What are the 2 types of work permits?
- Open work permit
- Employer-specific (closed) work permit
How does an open work permit function?
It allows the holder to work for any employer in Canada, including oneself (with some exceptions).
What are 2 instances where an open work permit holder may not work for an employer?
The employer regularly offers striptease, erotic dance, escort services or erotic
massages (more info here )
The employer is listed as ineligible on the list of employers who have been found noncompliant
How does an employer-specific work permit function?
An employer-specific work permit allows the holder to work according to the conditions stated on their permit
An employer-specific work permit may not be issued for sex work or for
the benefit of an employer listed as ineligible due to non-compliance
(just like the open permit)
What is the rule regarding the extension of the stay of a foreign worker?
A worker who wishes to stay in Canada beyond the period authorized for their stay may apply to extend their stay (see s. 181 IRPR).
If they apply before their status expires, they benefit from maintained status, which was formerly called implied status (see s. 183(5) IRPR).
What happens to a foreign worker that overstays in Canada, after forgetting to apply for an extension?
A foreign national who overstayed the period initially authorized for their stay may apply for restoration of status within 90 days of losing their status (see s. 182(1) IRPR).
