Immigration
IRPA, Express Entry and the provincial nominee programs
The Immigration and Refugee Protection Act and its regulations govern all entry. Most economic permanent residence runs through Express Entry, a points-ranked pool covering the Federal Skilled Worker, Federal Skilled Trades and Canadian Experience classes, from which the Minister issues periodic invitations to apply. Provinces run their own nominee programs, and Quebec selects its own economic immigrants under a longstanding accord.
Key rules
- Jurisdiction — Federal, except that Quebec selects its own economic immigrants and refugees abroad
- Deadline — Express Entry: 60 days to submit a complete application after an invitation
- Deadline — Permanent residents must be physically present 730 days in every rolling five years
- Deadline — Citizenship: 1,095 days of physical presence in the five years before applying
- Deadline — Appeals to the Immigration Appeal Division: 30 days from the decision
Governing law
- Immigration and Refugee Protection Act, SC 2001, c. 27
- Immigration and Refugee Protection Regulations, SOR/2002-227
- Canada-Quebec Accord relating to Immigration1991
- Citizenship Act, RSC 1985, c. C-29
In practice
The Immigration and Refugee Board is the largest administrative tribunal in the country and decides refugee claims and most appeals; judicial review of its decisions goes to the Federal Court, and requires leave. A refugee claim made at a land border is generally ineligible under the Safe Third Country Agreement with the United States, subject to the exceptions and the 2023 expansion of that agreement to the entire land border.