Foreign Nationals and Residents in Canada

Foreign Nationals in Canada

• A Foreign National (FN) is someone who is not a Canadian citizen or permanent resident, including stateless persons.
• A Temporary Resident (TR) is an FN authorized to stay in Canada for a limited time.
• A Temporary Resident Visa (TRV) allows an FN to enter Canada (admission to Canada).
• An Electronic Travel Authorization (eTA) allows non-visa required nationals to fly to Canada (exceptions like US citizens exist).
• A Visitor Record (VR) is issued to FNs after examination by an officer, allowing them to stay in Canada for a fixed period.

Permanent Residents in Canada

• A Permanent Resident is a person who has been granted permanent resident status by an officer after applying.
• PRs have legally immigrated to Canada but are not yet citizens.
• PRs do not need a visa to enter Canada but need evidence of meeting requirements and are not eligible for a Canadian passport.

Difference between Temporary Resident Visa (TRV) and Visitor Record (VR)

• TRV: Issued before entering Canada, allows for a specific period of stay.
• VR: Issued upon arrival in Canada, allows for a specific period of stay determined by the officer.

Right of Entry for Permanent Residents

• The right to enter Canada is attached to Permanent Resident status, not a specific document like the PR card.
• If the PR status has not been lost or relinquished, they are permitted entry with proof of their status.

Permanent Resident Cards

• A PR card is a physical document issued inside Canada, not a requirement for PR status.
• While the card may provide a presumption of PR status, an officer can determine otherwise based on individual circumstances.

Loss of Permanent Resident Status

• Permanent resident status can be lost through various means outlined in section 46 of IRPA, including:
  • Absence from Canada for extended periods
  • Criminal convictions
  • Misrepresentation during the application process

Interviewing Skills

• Consider the physical environment of client interviews, ensuring accessibility, comfort, and minimal distractions.
• Employ verbal cues to keep clients focused.
• Be aware of internal distractions that can impact your focus during interviews.
• Interviews do not always need to be conducted in your office, considering client limitations.
• Online interviews require additional preparation and technical considerations.

Referral for Removal Order or Admissibility Hearing

• If a report on a Permanent Resident is deemed well-founded by the Minister's Delegate, they may refer the matter for an admissibility hearing or issue a removal order.
• The Immigration Division of the IRB reviews the report to determine the course of action.

Appeals to the Immigration Appeal Division

• Permanent residents can appeal decisions to make a removal order following an admissibility hearing or a residency determination.
• Appeals can be made against negative residency determination decisions made outside of Canada.

Non-Refoulement, Interdiction, and Refugee Protection

• Non-refoulement is a fundamental principle of international refugee law, preventing countries from returning refugees to territories where they risk persecution or serious harm.
• Canada incorporates this principle into its immigration laws.
• Interdiction measures aim to prevent asylum seekers from reaching territories.
• Interdiction measures can sometimes violate the principle of non-refoulement, as seen in the interception of Haitian boat people.
• Canada has generally avoided a policy of interception on the high seas, with the Sri Lankan Tamils case being an exception.

Refugee Definition

• The refugee definition includes three key elements: inclusion, exclusion, and cessation.
• The definition outlines who qualifies for refugee status and the criteria for losing that status.

This quiz explores the distinctions between foreign nationals, temporary residents, and permanent residents in Canada. It covers key concepts like Temporary Resident Visas, Electronic Travel Authorizations, and Visitor Records. Test your understanding of immigration categories in Canada.