Canadian Immigration Law Glossary

Authoritative definitions of 40+ key Canadian immigration law terms with statutory citations and cross-references to BridgePoint Law practice hubs. Reviewed by Dr. Ningjing (Natalie) Zhang, Federal Court counsel.

中文版: 加拿大移民术语词典

A — C

Alien

Historical term; under IRPA replaced by foreign national. See foreign national.

Application for Leave and Judicial Review (ALJR)

Two-stage Federal Court review of administrative immigration decisions under IRPA section 72. Stage 1: paper leave application (15-20% granted). Stage 2: oral perfected hearing (40-50% allowed). Time limit 15 days inland, 60 days overseas. See Federal Court hub.

Authorization to Return to Canada (ARC)

Discretionary permit required to re-enter Canada after a deportation order has been executed. Issued by IRCC visa officer; usually paired with the underlying visa application. See ARC details.

Biometric Eligibility

Mandatory fingerprint and photograph collection for most visa applicants (excluding US/Mexico citizens, some categories). Valid 10 years across most applications. Fee CAD 85 per person.

Canada Border Services Agency (CBSA)

Federal enforcement agency for border admission, removal orders, detention, and section 44 inadmissibility reports. Distinct from IRCC (which decides applications).

Canadian Experience Class (CEC)

Express Entry sub-stream for applicants with at least 12 months Canadian skilled work experience in TEER 0/1/2/3 categories within the past 3 years. CRS cut-off scores typically 380-450.

Cessation

Minister-initiated application under IRPA section 108 to terminate protected-person status when refugee re-avails of home-country protection. Successful cessation triggers loss of PR.

Comprehensive Ranking System (CRS)

Express Entry point system (max 1,200 points) based on age, education, language, work experience, and adaptability. Cut-off scores set by IRCC at each invitation round, typically 470-540 for general draws.

Criminal Inadmissibility

Status under IRPA sections 36-37 making a foreign national or PR inadmissible to Canada for criminal convictions (foreign or domestic). Three tiers: serious criminality, criminality, and organized criminality. See Criminal Inadmissibility hub.

D — F

Detention Review

Mandatory ID hearings reviewing continued CBSA detention. Schedule: 48 hours, 7 days, then every 30 days. Presumption favours release unless flight risk, danger to public, or unconfirmed identity.

Deportation Order

Most severe removal order; permanently bars return to Canada without ARC. Issued by Minister’s delegate, ID, or IAD. Compare departure order (no ARC required if executed within 30 days).

Electronic Travel Authorization (eTA)

Mandatory pre-authorization for visa-exempt foreign nationals arriving in Canada by air. Valid 5 years. Fee CAD 7. Linked to passport. Distinct from TRV (visitor visa).

Express Entry

IRCC online system managing applications for Federal Skilled Worker, Federal Skilled Trades, Canadian Experience Class, and some Provincial Nominee Program streams. Profile valid 12 months; invited applicants have 60 days to apply.

Federal Court of Canada

Trial-level federal court hearing immigration judicial reviews under IRPA section 72. Single judge, paper review (leave) plus oral hearing (perfected). Roughly 13,000+ immigration applications annually.

Foreign National (FN)

IRPA-defined category covering any person who is not a Canadian citizen, permanent resident, or registered Indian. Includes visitors, temporary workers, students, refugee claimants.

G — L

Global Case Management System (GCMS)

IRCC’s internal application database. Applicants and counsel can request GCMS notes via ATIP (Access to Information and Privacy) request — fee CAD 5, response typically 30-60 days. Critical for refusal analysis.

Humanitarian and Compassionate (H&C)

Discretionary jurisdiction under IRPA section 25 to overcome any inadmissibility (except security, war crimes). Factors per Kanthasamy 2015 SCC: best interests of child, establishment, hardship, country conditions. Application fee CAD 627.

Immigration Appeal Division (IAD)

IRB tribunal hearing three appeal types: refused family sponsorship, removal order appeals by PRs (excluding serious criminality), residency obligation appeals. De novo review on law and humanitarian grounds.

ICCRC / CICC

College of Immigration and Citizenship Consultants — regulator for licensed immigration consultants (RCICs). Distinct from law society lawyers; consultants cannot appear in Federal Court.

Immigration Division (ID)

IRB tribunal hearing inadmissibility under IRPA section 44 plus detention reviews. Standard “reasonable grounds to believe.” Can issue removal orders or release detained persons.

Immigration and Refugee Board (IRB)

Canada’s largest independent administrative tribunal. Four divisions: RPD (refugees first instance), RAD (refugee appeal), ID (inadmissibility/detention), IAD (sponsorship/removal appeals).

Immigration, Refugees and Citizenship Canada (IRCC)

Federal department processing all visa applications, PR applications, refugee resettlement, citizenship grants. Distinct from CBSA (enforcement) and IRB (tribunal adjudication).

Immigration and Refugee Protection Act (IRPA)

Federal statute (2002, c.27) governing all Canadian immigration law. Companion regulations: IRPR. Key sections: s.25 (H&C), s.36-37 (criminality), s.40 (misrepresentation), s.44 (inadmissibility reports), s.72 (Federal Court), s.96-97 (refugee protection).

Labour Market Impact Assessment (LMIA)

ESDC assessment required for most employer-driven work permits. Confirms no qualified Canadian/PR is available. Categories: high-wage, low-wage, agriculture, owner-operator (C-11). Fee CAD 1,000.

M — P

Medical Inadmissibility

IRPA section 38 inadmissibility for excessive demand on health/social services. Cost threshold (2024+): CAD 128,445 over 5 years (CAD 25,689/year). Triggers procedural fairness letter; rebuttable with specialist opinion + mitigation plan.

Misrepresentation

IRPA section 40 ground for inadmissibility — directly/indirectly misrepresenting or withholding material facts. Five-year bar from re-applying. Defences: innocent mistake, materiality challenge, lack of intent, third-party fraud.

Procedural Fairness Letter (PFL / PFR)

IRCC officer’s notice of intent to refuse on a specific concern. Allows 7-30 days to respond with evidence. Generic responses lead to refusal; substantive rebuttal often saves the application.

Provincial Nominee Program (PNP)

Provincially-administered immigration streams for workers, entrepreneurs, students aligned with provincial labour needs. Each of 11 provinces/territories runs own streams; nomination + federal PR processing. See PNP entrepreneur table.

Pre-Removal Risk Assessment (PRRA)

Application available to people facing removal who can establish risk under IRPA section 96/97 with new evidence not reasonably available at prior refugee hearing. National acceptance rate 2-4%.

Permanent Resident (PR)

Foreign national granted permanent residence status. Rights: work, study, social services. Obligations: residency (730 days in 5 years), removal risk for serious criminality or misrepresentation. Cannot vote federally; PR card valid 5 years.

Q — Z

Quebec Investor Immigration Program (QIIP)

Currently Canada’s only passive investor immigration option. CAD 1M government-guaranteed loan + CAD 200,000 contribution + French Level 7 + 12 months Quebec residence. IRCC processing ~71 months. See investor immigration hub.

Refugee Appeal Division (RAD)

IRB tribunal hearing paper appeals from negative RPD decisions. Standard: correctness on facts. New evidence only if not reasonably available at RPD. Some appeals require oral hearings. Allowing rate 30-35%.

Refugee Protection Division (RPD)

IRB tribunal hearing first-instance refugee claims under IRPA section 96-97. Oral hearing, applicant gives sworn testimony, decision 30-60 days. National acceptance 60-65% in 2024-25.

Removal Order

Three tiers: departure order (must leave within 30 days, no ARC needed), exclusion order (1-year/5-year ban + ARC), deportation order (permanent bar + ARC). Issued by Minister’s delegate, ID, IAD.

Residency Obligation

IRPA section 28: PR must be physically present in Canada 730 days in any rolling 5-year period. Exceptions: accompanying Canadian spouse abroad, employed by Canadian business abroad. Negative decisions appealable to IAD.

Section 44 Report

CBSA officer’s formal opinion that a person is inadmissible. Triggers Minister’s delegate review and, if confirmed, referral to ID hearing. Distinct from a removal order itself.

Serious Criminality

IRPA section 36(1): conviction for offence punishable by maximum 10+ years OR actual sentence exceeding 6 months. Permanent residents lose IAD appeal rights — Federal Court only remedy.

Source of Funds (SoF)

IRCC compliance review for investor/business immigration: documentary proof that funds were lawfully obtained. Bank statements, audited financials, tax records, dividend resolutions, property sale records. Most common 2026 investor refusal ground.

Study Permit

Temporary status for foreign nationals enrolled at Designated Learning Institution (DLI). Allows part-time work (24 hrs/week as of Nov 2024). Captures Provincial Attestation Letter (PAL) requirement since 2024 cap.

Start-Up Visa (SUV)

Federal entrepreneur immigration requiring designated organization support (VC/angel/incubator). Currently paused for new applications. Original investment thresholds CAD 200K (VC), CAD 75K (angel), zero (incubator).

Temporary Resident Visa (TRV)

Sticker visa in passport for visa-required nationals visiting Canada. Single or multi-entry, valid up to 10 years or passport expiry. Fee CAD 100. Distinct from eTA (visa-exempt).

Temporary Resident Permit (TRP)

Discretionary permit allowing entry despite inadmissibility. Issued by IRCC officer or at port of entry by CBSA. Validity 1 day to 3 years. See TRP details.

Vacation

Minister application under IRPA section 109 to retroactively vacate protected-person status obtained through misrepresentation. Successful vacation triggers removal; appeal only on procedural fairness grounds.

Visitor Visa

Same as TRV. Commercial term for what statute calls Temporary Resident Visa. Distinct from visitor record (issued to extend stay inside Canada).

Contact

Phone: (613) 417-1850 | Toll-free: (877) 307-6193 | Book consultation

中文术语词典: /yimin-cidian/