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Immigration Laws In Canada

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Immigration Laws In Canada: A country’s immigration strategy is crucial to making decisions and growing. In each country, immigration has changed over time to show how the country has grown over time. 

But the immigration policy doesn’t just show how a country or nation has changed over time; it also perfectly adjusts and balances current social, economic, and political events and changes. 

Globalization of trade, capital, and talent has changed the way people think about immigration policies and processes concerning citizenship, integration, and government.

Over the past few decades, the number of newcomers to countries around the world has gone through the roof. The number of people moving around the world rose by about 200 million between 1960 and 2005. 

Canada is the country that has brought the most immigrants to its provinces because the living standards are good enough. The Canadians have welcomed immigrants with a level of politeness and openness that other countries either admire or respect. 

After the World Wars, other foreign and neighboring countries worked on and promised to handle immigration to ensure the safety of both citizens and foreigners. Canada has kept its high level of immigration without any pushback against immigrants at the local level. 

A study done by Transatlantic Trends in 2010 found that Canada had taken in the most refugees in the previous 20 years. Statistics Canada has recently released a study that says immigration has been responsible for 82% of the population growth. 

Different countries have praised immigration policies because they have led to new laws and rules for newcomers, which have helped the country’s economic and social growth. The piece will explain the rules for coming to Canada.

Understanding immigration 

Immigration, according to the dictionary, is “the act of going to another country to live there permanently.” It means when people from one nation-state move to another nation-state to live there permanently, temporarily, or to become members of that other nation-state. 

That country would benefit from and gain from the process of immigration in many ways, including social, cultural, and economic ones. In 2015, a study said that more immigrants lived in the United States than in any other country. 

The new 2020 Statistics Canada study said that Canada’s population grew by 76,000 in the first few months of the year. Because of this, immigration caused the number of people living in Canada to rise by about 82%.

Immigration Laws In Canada

The immigration rules of a country are the only laws that apply to people coming from that country. They include the laws, rules, and past cases that have been used to decide who can enter and leave a country. Canada has had laws about immigrants for a long time.

Immigration Laws In Canada that govern immigration

Canadian immigration laws are the rules that people must follow when they want to move to Canada. Since 1869, Canada has had a long history of laws and rules about immigrants. Canada’s immigration laws and rules have changed over time to keep up with changes in society. 

Law changes are influenced by how people depend on each other politically, culturally, and socially. Laws have been changing since the 1800s. This was either because of racism, national origin, or some other reason that made people different. The immigration rules have been changed to encourage immigrants from a wide range of cultures to come to Canada.

Let us look at Canada’s rules on immigrants.

The Act on Immigration of 1869

The first law that the Parliament of Canada passed in 1869 was the Immigration Act, of 1869. The main goal of the Act was to protect refugees from being exploited in any way when they arrived in Canada and to make sure they were safe on their way there. That being said, the Act didn’t work because it didn’t follow the rules of equality in the 1800s.

The Royal Commission on the Immigration of Chinese People, 1885

In 1885, the government passed the Royal Commission on Chinese Immigration Act. The main goal of the Act was to control the flow of Chinese people into Canada. The Act made it illegal for Chinese people to come to Canada. They weren’t allowed to go to the provinces of Canada because Canadians thought the Chinese workers and laborers were dirty, caught diseases easily, and couldn’t fit in. 

The Chinese Immigrant Act of 1885

Based on what the Royal Commission on Chinese Immigration Act, of 1885 said, the law was passed. It was the first part of primary legislation to suggest rules that would keep immigrants from entering Canada because of their race or ethnicity. For example, the Act would not allow Chinese people to come to Canada. The Act also tried to cut down on the number of Chinese people moving to Canada’s provinces. 

Immigration Act 1906.

The Parliament passed the Immigration Act of 1906, which made it harder for people to come to the UK. The Act listed the types of immigrants who were not allowed to enter the provinces of Canada. It also made the expulsion process official and gave the government the law-making power and authority. The Act didn’t say which categories of immigrants were limited based on culture, race, or caste, but it did give the central government the power to stop any group of immigrants from coming to the provinces of Canada.

The Act on Immigration of 1910

Canada’s Parliament passed the Immigration Act, of 1910 in the year 1910. The Act was passed to make the list of people who are not allowed to come to Canada longer. The federal government was set up with the broad authority to make rules about immigration and deportation that apply to everyone. The Act also added the ideas of domicile, permanent residency, and deportation to Canada’s immigration rules.

The Act on Naturalization of 1914 

Canada’s Naturalization Act of 1914 made the process of becoming a citizen more difficult. Naturalization is the legal process by which people who are not citizens of a country become citizens or nationals according to that country’s rules. People who live in a nation-state have the basic right to enter or leave that nation-state. The Act made naturalization an idea and set up the steps for doing it. By becoming a Canadian citizen through naturalization, immigrants would get the same rights and benefits as Canadian citizens. They would also be able to vote. The secretary of state was given the power to make decisions about naturalization and could choose whether to give certificates or take away citizenship if it was gained fraudulently.

The 1919 Changes to the Immigration Act

Because of the social and economic chaos after the First World War, the Immigration Act Amendment of 1919 was changed. To protect the country from threats and other dangers that come from other native and nearby countries, the government tightened the rules on immigrants. The Act also said that foreigners who fought against the British in the First World War could not come to Canada.

The 1947 Citizenship Act of Canada

The Canadian Citizenship Act of 1947 was made so that anyone could become a citizen of Canada, no matter what country they came from. This includes refugees. The Act’s main goal was to ease racial and ethnic conflicts in Canada and bring Canadians together as brothers and sisters. It laid out the requirements for becoming a citizen as well as the steps that could be taken to take away citizenship.

The Immigration Act of 1952

The Immigration Act of 1952 was made to give the Immigration Act of 1910 a more stable foundation. It gave the central government new and stronger powers and set up the Ministry of Citizenship and Immigration, which was given all the necessary powers and duties. 

The Act on Immigration of 1976.

In 1976, the Immigration Act, 1976 was passed by the Parliament. The Act was the basis for Canada’s immigration rules. There were basic rules and goals for immigration policy laid out in the Act. It also put “refugees” in a group of foreigners who should be able to live in the provinces of Canada.

Current immigration laws in Canada

Act of 1976 to Protect Immigration and Refugees

The Act was revoked and replaced with a new law in 2002 to give immigrants more security. The Canada Border Services Agency (CBSA) and the Immigration, Refugees, and Citizenship Canada (IRCC), which is in charge of immigration, worked together to pass the Act. 

It was the main law that was passed to control the rules for entry to Canada. One of the goals of the Act was to help newcomers in economic, social, and cultural ways.

Important words and phrases

Immigrant

However, none of Canada’s immigration rules explain what an “immigrant” really is. It refers to someone who moves from their home country to another foreign country in search of work, school, or other chances. Individuals may want to move from one country to another for a long or short period, or they may want to become regular residents.

Citizen

The Citizenship Act of 1947 says what a “citizen” is. It can be described as a person who lives in a country permanently and has been given all of its rights and privileges by the government. There are two ways for a person to become a Canadian citizen: by birth or by adoption.

Permanent resident

From Section 2(1) of the Immigration and Refugee Protection Act, 1976, we can learn what “permanent resident” means. It means that people from other countries have been given the same rights and benefits as citizens. A permanent resident is someone from another country who has been given permanent status by Canada’s immigration rules. Any permanent resident who breaks the law or is charged with a crime can be sent back to their home country by government agencies and officials.  

Temporary resident

None of Canada’s immigration rules it say what a “temporary resident” is. It can mean someone who has been permitted to stay in Canada for a short time. The students, workers, and people in the workforce are now considered temporary residents. They are the ones who are working in Canada for a short time, with or without work permits. Government agencies and officials can also send temporary resident back to their home country if they work there without a valid work permit. 

Foreign nationals

As of Section 2(1) of the Immigration and Refugee Protection Act, 1976, “foreign nationals” does mean certain people. People who are not Canadian citizens and have not even become permanent residents can be called “inadmissible.” This can even include government agencies and other groups that aren’t allowed to do business in Canada. 

Asylum Seeker\Refugee

Many people leave their home country because they are afraid or threatened because of social, religious, racial, or political problems. This is what the word “refugee” means.

Visa

In general, a visa is the government’s stamp of approval that a person has done everything needed to be in Canada legally. Citizens get visas as proof that they are good to go. 

Current Rules on Immigration Laws In Canada

Immigrants come to Canada either to find work or because they are afraid of something. Statistics show that the number of people coming to Canada each year has been going up from 2000 to 2020. This has made Canada’s population growth rate higher. The 2019 study says that 21.5% of the people living in Canada are immigrants who have become permanent residents.

There are different types of immigration to Canada, such as:

Reuniting the family 

A permanent resident can be anyone, even if they are not a citizen of the United States. Someone from outside of Canada can get permanent residency if they have a link with a well-established Canadian citizen who became a citizen through permanent residency or naturalization, depending on the rules for immigration in Canada. 

After becoming a permanent resident, the person has the right to act as a sponsor. This means that he can help his family, cousins, or other close friends become permanent residents or Canadian citizens. A sponsor can bring their family members or cousins with them if they are of the right age, live in the country, are financially stable, and have a well-established way of life.

Economic immigration

Many people have talked about and praised Canada’s immigration process, and other countries have used it as an example. Any person from outside of Canada can get permanent residency if they want to build a stable income in Canada. 

A person from another country who wants to become a permanent resident will be judged on his or her schooling or work history. Immigrants can get into the country legally in several different ways. People from other countries can apply for permanent residency or the position of a permanent resident through several government programs. 

The government has started several broad programs, such as a program for regional nominees or a program for long tests and biometric screening.

Refugees and people who are protected

The refugees have also been put in the group of people who are responsible for immigration. These people are allowed to live in Canada and can be put into two groups:

  • The refugees who are helped by the government should be able to come to the United States based on where they are and how vulnerable they are, according to the UN High Commission for Refugees. They are also eligible for government aid. 
  • The refugees who were brought to Canada by the right government body and are legally responsible are called privately sponsored refugees. 

According to Canadian immigration law, refugees are the types of people who can become permanent residents.

Immigration for humanitarian reasons

Canadian immigration rules also allow people to come to the country legally and permanently if they have a humanitarian reason like if they are having a hard time or their life is in danger.

Illegal Immigration

People who enter a foreign country without permission, not because they are Canadian citizen or permanent citizen, are committing illegal immigration. Deportation is one of the worst things that can happen to someone who enters the provinces of Canada illegally, breaking the laws of his home country, the immigration laws, and international law. 

Illegal immigrants get into the provinces of Canada with a travel visa, but they stay there forever after the short stay. The Canadian government and officials then send the illegal immigrants back to their home countries. 

Reports say that about 5,000,000 people who are not authorized to be in Canada are living there without papers, which is against international law. People who are living in Canada illegally got there through water borders, fake marriages, or trip visas.

Canada’s immigration rules and the role of the government in them

Canada’s immigration rules are mostly enforced and controlled by the two federal governments, which are in charge of all immigration-related matters at the central level.

Immigration, Refugees, and Citizenship Canada (IRCC)

The Immigration, Refugees, and Citizenship Canada (IRCC) is in charge of making sure that all of Canada’s immigration and citizenship rules are followed. The administration body needs to make it easier for immigrants to come to Canada, to protect refugees and immigrants, to give citizenship to immigrants who already live there, and to give Canadians and immigrants documents and licenses.

CBSA, or the Canada Border Services Agency,

In Canada, the Canada Border Services Agency (CBSA) is an administrative body that is in charge of all border services, customs, laws, and conventions. It also helps enforce Canada’s immigration laws and makes sure they are being followed correctly. It also makes it easier for legal immigrants and tourists to move around, as well as for fair trade and good service.

A lot of different groups in Canada work together to make sure that the immigration rules are followed. These groups include the Royal Canadian Mounted Police (RCMP), the Canadian Security Intelligence Services (CSIS), and the Ministry of Public Safety and Emergency Preparedness.

Measures for enforcement

Because of this, enforcement actions are needed to keep Canadians safe from all kinds of threats. These rules apply to:

  • People who do not live in Canada.
  • A person who is a citizen of their home country, or who is supposedly listed as an Indian under the Indian Acts.
  • People who broke any of Canada’s immigration rules or the Immigration and Refugee Protection Act (IRPA).

Measures can be taken against immigrants in Canada if they are caught doing illegal things outside of Canada, in its states, or at its ports.

Outside the province of Canada

People who want to move to Canada must apply for a visa. The government needs to make their visas valid. If they are found to be ineligible, they will not be given a visa.

Inside the Province of Canada

If immigrants living in Canada break any rules or commit any kind of crime, the government can arrest, detain, or even send that immigrants back to their home country.

Canada’s Ports

The government can refuse to let people into the provinces of Canada who are not allowed to be there if they are caught with fake travel documents or are thought to be doing anything illegal.

Instructions for confiscation

It is against the law for immigrants to enter the province of the nation-state of Canada if the officials at the highest level say they are not allowed to be there. The foreigners are not allowed if: 

  • They can’t get into the provinces of Canada if they have a criminal record or are thought to be a criminal and are trying to get away from the strict laws and rules.
  • To see if they have any diseases that could be dangerous to Canadians’ health.
  • It’s possible that the documents are fake or that they are still living in the provinces after their visas have ended.

If the authorities and government agencies find that immigrants have broken any of the rules and regulations of Canadian immigration laws, they are ordered to leave the country. This can come in the form of a departure order, a deportation order, or an exclusion order.

Current Immigration by Immigration Laws In Canada

Canada offers several immigration pathways for individuals who wish to move to the country. Here are some of the primary immigration options available:

  • Express Entry System: The Express Entry system is the main pathway for skilled workers to become permanent residents of Canada. It includes three federal economic immigration programs:
    • Federal Skilled Worker Program (FSWP)
    • Federal Skilled Trades Program (FSTP)
    • Canadian Experience Class (CEC)
  • Provincial Nominee Programs (PNPs): Each Canadian province and territory has its own PNP, allowing them to nominate individuals with the skills and experience needed for their specific labor market. PNPs can lead to permanent residency.
  • Family Sponsorship: Canadian citizens and permanent residents can sponsor close family members, such as spouses, parents, and dependent children, for immigration to Canada.
  • Caregiver Programs: Canada offers caregiver programs for those who provide care for children, the elderly, or individuals with high medical needs. These programs can lead to permanent residency.
  • Atlantic Immigration Pilot: This program is designed to address labor market needs in Canada’s Atlantic provinces (New Brunswick, Newfoundland and Labrador, Nova Scotia, and Prince Edward Island) by connecting employers with skilled immigrants and their families.
  • Start-Up Visa Program: This program is for entrepreneurs who want to start innovative businesses in Canada. To be eligible, applicants must secure funding from a designated organization and meet other criteria.
  • Refugees and Asylum Seekers: Canada has programs to accept refugees and asylum seekers, including the Private Sponsorship of Refugees Program and the Government-Assisted Refugee Program.
  • Quebec Immigration Programs: Quebec, as a province with significant autonomy over its immigration policies, has its selection criteria and programs for immigrants.

Please note that immigration policies and pathways may change over time, so it’s important to check the most up-to-date information on the official Government of Canada website or consult with a qualified immigration consultant or lawyer for the latest details on immigration to Canada.

Summary points on Immigration Laws In Canada:

  1. Role in development
  2. Canada’s welcoming history
  3. Continuous Evolution of Canadian laws
  4. Multiple Immigration categories
  5. Enforcement measures
  6. Diverse immigration pathways
  7. Quebec’s unique programs

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