RELEVANT GOVERNMENT ENTITIES
SOURCES & CONFLICTS OF LAW
BUSINESS IMMIGRATION
SPONSORS
GROUNDS FOR INADMISSIBILITY
DEPENDENTS
SETTLEMENT & CITIZENSHIP

RELEVANT GOVERNMENT ENTITIES

Canada’s constitution divides jurisdiction over immigration between the federal, provincial, and territorial authorities. The primary federal authority is Immigration, Refugees and Citizenship Canada (IRCC). Provincial and territorial authorities play roles in certain immigration streams, particularly through programs like the Provincial Nominee Program (PNP). Additionally, the Canada Border Services Agency (CBSA) is involved in enforcing immigration laws. Employment and Social Development Canada (ESDC) administers the Temporary Foreign Worker Program (TFWP), which involves issuing Labor Market Impact Assessments (LMIAs) that are required for certain work permits.

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SOURCES & CONFLICTS OF LAW

SOURCES OF LAW

The principal sources of law governing immigration in Canada are the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR).

Canadian citizenship is governed by the Citizenship Act, which outlines the requirements and processes for acquiring and losing Canadian citizenship.

Another foundational legal document is the Canadian Charter of Rights and Freedoms, which guarantees fundamental rights and freedoms to all individuals in Canada, including immigrants and permanent residents.

In addition to these primary sources, other legislation may come into play under exceptional circumstances. For instance, during the global COVID-19 pandemic, Canada’s Quarantine Act and the related Orders in Council were significant in regulating the movement of people into the country, alongside the usual immigration laws

CONFLICTS OF LAW

Conflicts can arise from the interplay between federal and provincial/territorial laws.

Under the Canadian Charter of Rights and Freedoms, all Canadian citizens and permanent residents have the right to move and take up residence in any province, as well as the right to pursue employment in any province. However, some immigration programs, such as PNPs, require applicants to settle in a specific province as a condition of their nomination. For instance, an applicant nominated by a province under the PNP is expected to live and work in that province to support regional economic development.

In practice, while provincial governments expect nominees to honor their commitment to settle in the nominating province, they cannot legally prevent a person from moving elsewhere in Canada once they become a permanent resident.

Another example occurs in the Province of Quebec, where the provincial government has its own immigration programs and criteria. A post-secondary student might be accepted by Quebec’s immigration authority based on financial capacity and acceptance into an educational institution. However, the federal immigration authority, which has the final say in issuing study permits, might refuse the application if it determines that the student does not have sufficient ties to their home country, raising concerns about the student’s intention to leave Canada after their studies.

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BUSINESS IMMIGRATION

UNSPONSORED BUSINESS-RELATED IMMIGRATION

In Canada, business travelers generally fall into two categories: business visitors and workers requiring a work permit.

Business visitors

Business visitors may enter Canada without a Canadian sponsor if their activities are limited to exploring the market, negotiating contracts, or visiting clients. However, business visitors cannot enter the Canadian labor market or compete with Canadian workers. Their remuneration, principal place of work, and accrual of profits must all be located outside of Canada.

Open work permits

For those seeking unsponsored work in Canada, the options are limited but do exist. Open work permits are one of the few pathways that allow individuals to work anywhere in Canada for any employer without a predetermined sponsor. These permits are typically available to accompanying spouses and common-law partners of holders of a “closed” (company-sponsored) work permit.

Working Holiday Visa

Another option is the Working Holiday Visa, available to young people from countries that have a bilateral agreement with Canada. This visa provides an open work permit. Similarly, Post-Graduation Work Permits (PGWPs) are issued to graduates of eligible Canadian post-secondary institutions, allowing them to work for any employer in Canada.

Investors & entrepreneurs

Canada also offers various programs for investment and entrepreneurship. Individuals seeking to invest in or start a business in Canada may explore options such as the Start-Up Visa Program, or PNPs that offer streams for entrepreneurs and investors.

Remote work

Under the IRPA, “work,” for which foreign nationals are required to obtain a valid work permit, is defined broadly as: “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 labor market.” This broad definition of work signals the Canadian Government’s intention to ensure that Canadian employers hire Canadians and permanent residents first. However, long distance work, conducted via telephone or internet, that is performed by a temporary resident for an employer who is located outside Canada and who is being remunerated from outside Canada is not considered to be work for which a Canadian work permit is required.

Other obligations that might arise for foreign nationals working remotely in Canada without a work permit

Notably, as a caution, even in situations where a foreign worker is not required to obtain a work permit in order to work remotely in Canada, work conducted remotely while in Canada may expose both the employer and employee to Canadian tax obligations and/or labor law implications.

SPONSORED BUSINESS-RELATED IMMIGRATION

Employer-sponsored work permits in Canada fall into two main categories; those that require a Labour Market Impact Assessment (LMIA) and those that are LMIA-exempt.

LMIA-required work permit

These work permits involve a labor market test where the employer must demonstrate that hiring a foreign worker will not negatively impact the Canadian labor market. This process typically requires the employer to advertise the position to Canadian citizens and permanent residents first. Only if a suitable candidate cannot be found can they proceed to hire a foreign worker. The LMIA process is often seen as burdensome for employers due to the extensive documentation, usual advertising requirements, and the time it takes to process. The process is supposed to ensure that the employment of a foreign worker does not displace Canadian workers or negatively affect wages.

LMIA-exempt work permit

These work permits are generally obtained more quickly because they do not require the labor market test. However, both the applicant and the sponsoring company must meet specific criteria to qualify under one of the LMIA-exempt categories. Examples of such categories include work permits for intra-company transferees, where employees are transferred within the same company to a Canadian branch, and applicants qualifying under free trade agreements such as CUSMA (formerly NAFTA), CETA, GATS, and CPTPP, which facilitate the temporary entry of certain professionals and skilled workers.

Other examples of LMIA-exempt work permits include those issued for reasons of significant benefit to Canada—whether on an economic, social, or cultural level. This can apply to workers in industries such as airlines, entertainment, railways, and emergency repair services. It also includes francophone workers working outside of the province of Quebec, where their linguistic skills contribute to Canada’s bilingual nature, and certain workers who have already been selected for permanent residence by a province through the PNP.

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SPONSORS

REQUIREMENTS FOR SPONSORS

Requirements to become a sponsor to employ migrants: role & reporting & record-keeping duties

Every employer must respect provincial labor standards, for example pertaining to minimum wage and workplace security. Depending on the work permit category, additional requirements may apply, such as: mandatory wage floors reflecting the prevailing wage of a certain profession in a certain geographical area; equal pay for equal work between foreign and Canadian workers; ratios of foreign workers vs. Canadian workers. Employers are required to keep employment-related documentation such as pay stubs and job descriptions for six (6) years for audit purposes by immigration authorities.

CIVIL & CRIMINAL PENALTIES FOR SPONSORS

Civil penalties

Civil penalties for non-compliance are often imposed through a point-based system, where violations accumulate points that correspond to specific penalties. These penalties may include substantial fines and, in severe cases, blacklisting the employer from hiring foreign workers in the future. Employers on the blacklist are publicly identified and are barred from participating in the Temporary Foreign Worker Program (TFWP) for a specified period, effectively preventing them from hiring new migrant workers.

Criminal penalties

In cases of serious violations, such as fraud or exploitation of foreign workers, employers may also face criminal penalties. Criminal sanctions can include fines and imprisonment, depending on the severity of the offense.

Impact of non-compliance with the rules on existing sponsored migrants

The impact of employer non-compliance on sponsored migrants can be profound. Migrants may lose their jobs if their employer is barred from hiring foreign workers, leading to uncertainty regarding their immigration status. If their work permits are tied to a specific employer, they may need to find a new sponsor or face the possibility of leaving Canada. Additionally, non-compliance by the employer can jeopardize the migrant’s pathway to permanent residency, especially if the employer’s support is part of the criteria for their application.

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GROUNDS FOR INADMISSIBILITY

Canadian immigration law outlines two primary grounds for inadmissibility: criminal grounds and medical grounds.

CRIMINAL INADMISSIBILITY

On the criminal side, certain offenses can render an individual inadmissible to Canada. A pertinent example is impaired driving. On December 18, 2018, changes to the Criminal Code of Canada increased the maximum penalty for impaired driving to ten years. This change brought impaired driving within the threshold for serious criminality under the Immigration and Refugee Protection Act (IRPA). As a result, individuals convicted of impaired driving after this date are automatically considered criminally inadmissible to Canada. This applies to both potential immigration candidates and existing temporary or permanent residents, potentially affecting their future applications or status.

MEDICAL INADMISSIBILITY

Medical inadmissibility can occur for several reasons. One ground for medical inadmissibility is if an individual’s health condition poses a danger to public health, such as through infectious diseases (for example, active tuberculosis). Another ground is if the health condition could endanger public safety (for example unpredictable or violent behavior). Additionally, an individual may be deemed inadmissible if their health condition is expected to place an excessive demand on Canada’s health or social services. As of 2025, the cost threshold for excessive demand is CAD$135,810 over five years (or CAD$27,162 per year). This assessment also considers whether the services required for the individual’s condition would negatively affect wait times for Canadians. Notably, this rule does not apply to certain groups, including refugees, protected persons, and some family-sponsored individuals.

PATHWAYS FOR INDIVIDUALS FACING INADMISSIBILITY

For those with criminal inadmissibility, options include Criminal Rehabilitation and Temporary Resident Permits (TRP). Criminal Rehabilitation is a permanent solution where, after a specified period since the completion of the sentence, individuals can apply to have their inadmissibility resolved, allowing them to enter Canada freely. A Temporary Resident Permit (TRP) may be issued in cases where there is a compelling reason for the individual to enter Canada despite their inadmissibility. TRPs are temporary and must be renewed, but they provide a way for individuals to visit Canada while their inadmissibility remains unresolved.

For medical inadmissibility, individuals may submit a mitigation plan if their condition is likely to cause an excessive demand on health or social services. This plan outlines how they will manage their health condition without placing an undue burden on Canadian resources, potentially reducing or eliminating the grounds for inadmissibility. Additionally, individuals may apply on Humanitarian and Compassionate (H&C) grounds if there are compelling reasons why their case should be considered despite the inadmissibility. H&C applications consider factors like family ties to Canada, the best interests of children, and the consequences of inadmissibility on the individual and their family.

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DEPENDENTS

PERSONS QUALIFYING AS DEPENDENTS

Canadian immigration law allows partners and dependent children to accompany a worker, student, or permanent resident to Canada. Eligible partners include married spouses and common-law partners of any sex, with common-law status requiring 12 months of continuous cohabitation in a conjugal relationship. Dependent children are defined as biological or adopted children under 22 years old who rely on their parents for financial and other support and are not married or in a common-law relationship. Children over 22 with mental or physical conditions that render them dependent on their parents are also considered dependents regardless of age.

ENTITLEMENT TO WORK OR ATTEND SCHOOL

Dependents are generally allowed to work or attend school in Canada, with specific conditions.

Married spouses and common-law partners may obtain an “open” work permit, enabling them to work for any employer anywhere in Canada. This is available if their spouse holds a work permit in a “skilled” occupation that is valid for more than six months.

Children of foreign workers or students can attend preschool, primary, and secondary school without needing a separate study permit. However, post-secondary studies require a study permit, which is subject to a more rigorous evaluation of the student’s financial capacity and the legitimacy of their study project.

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SETTLEMENT & CITIZENSHIP

PERMANENT RESIDENCE & CITIZENSHIP

Timeframes vary widely depending on the citizenship of the applicant, the selected immigration category and the province of destination.

Work permits with labor tests take anywhere from approximately 2 weeks to 9 months.

Work permits not requiring a labor test may sometimes be issued immediately upon arrival in Canada, and sometimes require several weeks’ wait time for consular approval.

Work permit renewals from inside Canada take approximately 4 months without a labor test, and up to 9 months with a labor test.

Permanent residence takes between approximately 6 months and 4 years. This variation depends on the immigration stream (such as Express Entry, PNP, etc.) and the applicant’s individual circumstances.

The process to acquire Canadian citizenship takes approximately 6-12 months.

Registration upon arriving in Canada

All permanent residents and all workers must obtain a Social Insurance Number (SIN) with Service Canada, in order to be able to be remunerated by their employer. Most government services and benefits also require an individual to obtain a SIN. Students who wish to work on- or off-campus, if allowed by their study permit conditions, also require a SIN. Permanent residents, workers and students must have their immigration document in hand when applying for their SIN and can therefore not apply prior to traveling to Canada for the first time.

Children born in Canada automatically Canadian citizens

All children born on Canadian soil are Canadian citizens, regardless of their parents’ citizenship or immigration status in Canada (with the exception of children of a diplomatic or consular officer or other representative or employee in Canada of a foreign government).

Automatic Canadian citizenship for children of Canadian citizens, even when born outside of Canada

Children born outside of Canada may automatically be Canadian citizens if one of their parents is a Canadian citizen. However, this attribution of citizenship has specific conditions.

A 2009 amendment to the Act introduced the “second-generation cut-off rule” (Section 3(3)(a)), which prevented Canadian citizens born abroad from passing citizenship to their children if those children were also born outside of Canada. This rule effectively meant that only the first generation born abroad could inherit Canadian citizenship.

However, in December 2023, the Ontario Superior Court ruled in Bjorkquist et al. v. Attorney General of Canada (2023 ONSC 7152) that the second-generation cut-off rule was unconstitutional, violating equality rights and mobility rights under the Canadian Charter of Rights and Freedoms.

In response, the government proposed changes to pass citizenship to subsequent generations. While the new law is being finalized, Canada is processing applications for subsequent generations born abroad if there is an urgent need, such as studying, working, or avoiding statelessness.

Once the new legislation is enacted, the requirement for demonstrating an urgent need is expected to be removed, simplifying the process for those with Canadian ancestry.

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