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).

Additional Glossary Terms (Expansion 2026)

Anchor Baby

Colloquial term; not a Canadian legal concept. Canada applies jus soli (birth on Canadian soil grants citizenship under Citizenship Act s. 3(1)(a)) regardless of parents’ immigration status, with limited exceptions (diplomatic personnel). The term has no IRCC procedural meaning and is not used in immigration adjudication.

Bona Fides (Genuineness)

Documentary and testimonial evidence proving a spousal, common-law, or family relationship is genuine and not entered into primarily to obtain immigration status. IRPA Regulation s. 4(1) — IRCC officers may refuse for bona fides concerns. Common requirement: photos, joint financials, communication records, affidavits, country-condition evidence supporting the relationship’s authenticity.

Business Visitor

Foreign national entering Canada for short-term business activities without entering the labour market (no Canadian employer, no Canadian remuneration). Examples: contract negotiation, market research, after-sales service. No work permit required if conditions met under IRPR s. 187. Distinct from a “worker” under IRPA who needs a work permit.

Canadian Charter of Rights and Freedoms (Charter)

Constitutional document (1982) protecting fundamental rights. Charter section 7 (life, liberty, security of the person) applies to refugee claimants and inadmissibility findings. Singh v. Canada 1985 SCC established that refugee claimants are entitled to oral hearings under Charter s. 7. Charter arguments frequently arise in Federal Court immigration matters.

Citizenship Act

Federal statute governing Canadian citizenship grants, naturalization, and revocation. Key sections: s. 3 (citizens by birth/descent), s. 5 (grant requirements: 1,095 days physical presence in 5 years preceding application, tax compliance, language proficiency, knowledge of Canada), s. 10 (revocation for misrepresentation or war crimes).

Conjugal Partner

Sponsorship category under IRPA Regulation s. 1(1) for relationships of mutual commitment with significant degree of attachment, where exceptional circumstances (immigration law, marriage law, custom) prevent the couple from cohabiting or marrying. More restrictive than common-law; intended for relationships unable to meet common-law cohabitation requirement.

C-11 LMIA Exemption (Owner-Operator)

Work permit exemption under IRPA Regulation s. 205(a) International Mobility Program, allowing foreign nationals to apply for work permits without LMIA when the position is of “significant economic, cultural or social benefit.” Most common application: owner-operators of Canadian businesses. IRCC processing 2-4 months.

Designated Country of Origin (DCO)

Historical IRCC list of countries deemed safe from persecution. Repealed by IRPA amendments. Refugee claims from “DCO countries” formerly faced faster processing and limited appeal rights. Current law: no DCO designations; all refugee claims processed under same standards regardless of country of origin.

Direction to Removal (DTR)

CBSA’s written notice fixing a specific removal date for a foreign national or PR. DTR triggers a strict deadline calculation for Federal Court stay-of-removal motions under RJR-MacDonald. Once DTR issued, applicant has only days to file an emergency stay motion at Federal Court.

Dual Intent

IRPA s. 22(2) doctrine permitting a visa applicant to have both temporary intent (visit/study/work) and permanent intent (apply for PR) simultaneously. Officers may not refuse a TRV or work permit solely because the applicant might also pursue PR. Applies particularly to study permit applicants who may later apply for Express Entry or PNP.

Express Entry Pool

Active candidate pool managed by IRCC where eligible Federal Skilled Worker, Federal Skilled Trades, Canadian Experience Class, and some PNP candidates wait for Invitation to Apply (ITA). Profiles expire after 12 months if no ITA received. CRS cut-off scores fluctuate per draw; 2026 general draws typically 470-540.

Grant of Status

IRCC’s positive decision conferring a status (PR, citizenship, refugee protection). Distinct from a permit (TRP, work permit, study permit) which is temporary and revocable. PR status, once granted and confirmed by landing or virtual landing, can only be lost through specific statutory grounds (residency obligation failure, serious criminality, misrepresentation).

Hardship Letter

Detailed personal statement filed with H&C applications under IRPA s. 25 describing specific hardships the applicant would face if returned to country of origin. Per Kanthasamy 2015 SCC, hardship is assessed holistically considering all factors including child’s best interests, establishment in Canada, and country conditions.

Immigration Appeal Division Sponsorship Appeal

IAD jurisdiction under IRPA s. 63 to hear appeals from refused family-class sponsorships. Sponsor may appeal on legal and humanitarian grounds. New evidence is admissible. IAD applies de novo review. Hearing typically 12-24 months out from filing. Common refusals appealed: bona fides of marriage, sponsor income, sponsor inadmissibility.

Inland vs Overseas Sponsorship

Two parallel spousal sponsorship pathways. Inland: applicant lives with sponsor in Canada throughout processing, can receive open work permit, processing ~12-15 months. Overseas: applicant is outside Canada, no work permit available, processing ~12-15 months. Risk differs: inland clients risk loss of status during processing; overseas clients face longer family separation.

Letter of Acceptance (LOA)

Document from a Designated Learning Institution (DLI) confirming acceptance of an international student into a program of study. Mandatory for study permit application under IRPA Regulation s. 216. Since 2024 a Provincial Attestation Letter (PAL) is also required for most study permit applications.

Immigration Medical Examination (IME)

Mandatory medical screening by an IRCC Panel Physician for most PR applications and some temporary applications (work permits, study permits exceeding 6 months in certain categories). Cost CAD 200-450. Results valid 12 months. Used to assess medical inadmissibility under IRPA s. 38 (excessive demand on health/social services or danger to public health).

Material Misrepresentation

Threshold standard under IRPA s. 40 — only material (significant) misrepresentations trigger 5-year inadmissibility. Materiality assessed by whether the misrepresentation could have induced an error in administration of the Act. Federal Court precedent: omitting a prior refusal is generally material; omitting an old traffic ticket usually is not.

Naturalization Grant

Citizenship Act s. 5(1) grant pathway for PRs who meet: 1,095 days physical presence in Canada in the 5 years preceding application; tax filings (3 of 5 years); language proficiency (CLB 4 in English or French if 18-54); knowledge of Canada (test if 18-54); citizenship oath. Processing 8-13 months.

National Occupational Classification (NOC)

Statistics Canada’s standardized occupational coding system used by IRCC for skilled work categorization. As of 2022, IRCC uses NOC 2021 TEER 0/1/2/3 (skilled occupations) for Express Entry eligibility; TEER 4/5 generally excluded from skilled streams. Each NOC code has specific lead statement, main duties, employment requirements.

Officer Procedural Fairness

Common-law duty owed by IRCC officers to allow applicants opportunity to respond to specific credibility concerns before refusing. Baker v. Canada 1999 SCC sets the framework. Officer must give the applicant notice of the concern and a reasonable opportunity to respond. Failure to do so is grounds for Federal Court judicial review.

Post-Graduation Work Permit (PGWP)

Open work permit issued under IRPA Regulation s. 205(c)(ii) C-43 to international graduates of eligible Canadian PGWP-eligible programs. Validity: equal to program length, maximum 3 years. PGWP-eligible programs require completion at DLI offering qualifying programs (universities, most public colleges).

PR Card Renewal

Process to renew permanent resident card (validity 5 years) without changing PR status. PR card is travel document for re-entering Canada by commercial carrier. Renewal requires meeting residency obligation under IRPA s. 28 (730 days in Canada in 5 years). Fee CAD 50.

Procedural Protocol on Allegations of Counsel

Federal Court guideline requiring applicants who raise prior counsel incompetence as a procedural fairness ground to provide notice to prior counsel and an opportunity to respond. Sworn affidavit detailing specific incompetence required, corroborated by documentary evidence. Common ground in immigration judicial review.

Refugee Appeal Division — Grounds of Appeal

RAD review under IRPA s. 110 of negative RPD decisions on grounds of error of law, mixed fact-and-law error, or breach of natural justice. New evidence admissible under s. 110(4) only if not reasonably available at RPD hearing. RAD applies correctness standard to legal questions, reasonableness to factual findings.

Removal Order Quashing Proceedings

Federal Court applications to quash an active removal order — typically combined with the ALJR for the underlying decision. Quashing relief is rare; the more common remedy is to set aside the underlying decision (PRRA, H&C, ID), which renders the removal order unenforceable.

Security Certificate

Rare procedure under IRPA Division 9 (s. 77-87) used for non-citizens suspected of inadmissibility on security, war crimes, or organized crime grounds. Federal Court reviews intelligence evidence ex parte if national security requires. Constitutional litigation in Charkaoui 2007 SCC, 2008 SCC required procedural reforms (special advocate system).

Settlement Funds

Demonstrated financial resources required for certain PR applications (FSW, FST) showing ability to support oneself and accompanying family members upon arrival. 2026 levels for family of 2: CAD 18,150; family of 4: CAD 27,000. Not required for CEC (Canadian Experience Class) or some PNP streams.

Transit Visa

Specialized TRV for foreign nationals transiting through Canadian airports en route to another country, valid up to 48 hours stay. Citizens of visa-required countries need transit visa. Fee CAD 0 for direct transit (no overnight stay), CAD 100 for stays requiring exit from sterile zone.

Temporary Resident Status

Umbrella term for non-PR, non-citizen presence in Canada under valid visa, work permit, study permit, or TRP. Distinct from permanent resident status. Temporary status holders can apply for status extensions, work permit renewals, study permit renewals, or transition to PR through Express Entry, PNP, family sponsorship, etc.

TRV Multiple-Entry Visa

Default TRV format issued by IRCC since 2014 — valid up to 10 years or passport expiry (whichever is earlier), allowing multiple Canada visits during validity. Single-entry TRV is rare and issued only by special request or specific country circumstances. Each entry permits stay typically up to 6 months.

Vetting (Security Screening)

Background check process conducted by CSIS (Canadian Security Intelligence Service), RCMP, and CBSA on visa, work permit, and PR applicants. Standard processing usually 30-60 days; complex security screening can extend processing by 6-24 months. Negative vetting result typically leads to inadmissibility under IRPA s. 34 (security grounds).

Contact

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中文术语词典: /yimin-cidian/