Who is a Permanent Resident?

The Immigration and Refugee Protection Act (theAct“) defines a permanent resident as a person who has acquired permanent resident status and has not subsequently lost the status under a ground listed in the Act.  Some of the grounds that lead to a loss of permanent residence status include becoming a Canadian citizen, a removal order made against a person coming into force, and the approval of an application to renounce permanent resident status.

Permanent residents enjoy many of the rights and privileges of Canadian citizens, including access to healthcare, education, and protection under Canadian law, but they are not able to vote or run for political office.

Permanent residents who have lived in Canada for a certain period of time may be eligible to apply for Canadian citizenship.

Permanent Resident Classes

Economic Class: Economic immigration in Canada refers to immigration pathways that allow individuals to come to Canada based on their ability to contribute to the country’s economy. These programs are designed to attract skilled workers, entrepreneurs, and investors who can support Canada’s labor market needs, economic growth, and innovation. Economic immigrants are assessed based on factors like education, work experience, language skills, and adaptability.

The main categories under economic immigration in Canada are Express Entry, Provincial Nominee Programs (PNPs), Atlantic Immigration Program (AIP), Start-up Visa Class, Self-employed Persons Class, and caregivers.

Family Class: Members of a family are allowed to come to Canada based on their close family ties to a permanent resident or a Canadian citizen who are permitted to sponsor them. The sponsor must be eligible to be a sponsor and is expected to provide support for the person they sponsor.

The following persons are considered to be members of the family class:

  • The sponsor’s wife, common law partner or conjugal partner
  • A dependent child of the sponsor
  • The sponsor’s parents
  • The sponsor’s grandparents
  • The sponsor’s orphaned brother, sister, nephew, niece or grandchild under the age of 18 years
  • A person under the age of 18 whom the sponsor intends to adopt
  • One relative of the sponsor, related by blood or adoption, regardless of age if the sponsor does not have a any relative that meets the other definitions of a family member they could sponsor and do not any relative who is a Canadian citizen, permanent resident, or registered Indian under the Indian Act

Refugees and Persons in Need of Protection: A person who has successfully applied for protection inside Canada and has been found to be a Convention Refugee or a person in need of protection will become a permanent resident upon applying for this status and satisfying regulatory requirements.

Persons outside Canada who have been determined to be Convention refugees might qualify for resettlement in Canada.

Humanitarian and Compassionate Considerations: A foreign national who is inadmissible or does not meet the requirements of the legislation may still be granted permanent resident status based on humanitarian and compassionate (H&C) grounds.

H&C factors that can be considered include:

  • establishment in Canada;
  • ties to Canada;
  • the best interest of any child directly affected by the H&C decisions;
  • factors in the country of origin;
  • health considerations;
  • family violence considerations;
  • consequences of the separation of relatives;
  • inability to leave Canada; and
  • any exceptional consequences that might merit relief
 
Navigating the Canadian immigration landscape can be challenging and complex. Contact us today for a consultation on your path to permanent residency.

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