Structure of the Immigration and Refugee Protection Act

1
Structure of the Immigration and Refugee
Protection Act

• ss 1-10 preliminary material
• objectives, federal-provincial agreements
• ss 11-95 Part 1 Immigration to Canada
• pre-entry, examination, entering and remaining,
  inadmissibility, loss of status and removal,
  detention and release, rights of appeal, judicial
  review, protection of information, general
  provisions
• ss 95-116 Part 2 Refugee Protection
• ss 117-150 Part 3 Enforcement
• ss 151-186 Part 4 Immigration and Refugee Board
• ss 187-275 Part 5 Transitional and Consequential
  etc

2
Admitting Economic Class Migrants

• largest group of migrantsmore than ½ in take at
  present
• Dan Heiberts article Beyond the Polemics
• key group in discussions of value of migration
• how to measure economic benefit
• problems of keeping people in one class
• provincial nominee programs

3
IRPA Part 1 Div 1 Requirements Before Entering
Canada

• s.12(2) economic class referred to as those
  selected bc of ability to become economically
  established
• s.14 permits regulations
• not inadmissible Part 1, Div 4
• n.b. s. 11

4
IRPR Part 6

• There are 3 Divisions of this class and they are
  very numerically unbalanced.
• 1. Skilled Workers (Federal 95, prov s.87)
• 2. Business Immigrants
• Investors (90)
• Entreprenuers (97)
• Self-employed (100)
• 3. Live In Caregivers (see also defn in reg 2)
• Pass Mark is currently 67

5
Skilled Workers

• Basic defn is in s 75 experience certain
  duties main and essential duties
• Federal, Quebec and provincial groups
• s. 74 apply outside and exceptions
• s. 73 further definitions

6
If within the definition, then

• selection criteria in s. 76
• education (25)
• language (24)
• experience (21)
• age (10)
• arranged employment (10)
• adaptability (10) partner, previous work or
  study, family
• entry of family members N.B.

7
Business Immigrants 1. Investors

• defn in s 88 business experience 800,000
  intention to invest
• provinces to approve investment vehicles
• if meet defn, then
• age
• education
• language
• experience (modified per s 88)
• adaptability (business specific)

8
2.Entrepreneurs

• business experience minimum net worth
  (300,000) able to meet conditions
• conditions control 33.3 management at
  least one full time job, at least one year during
  3
• if these, then
• age
• education
• language
• experience (s 103)
• adaptability (s 104)

9
3. Self-employed persons

• relevant experience intention and ability
  significant contribution to specified economic
  activities (cultural, athletic, farming)
• if so, then
• age
• education
• language
• experience (s 103)
• adaptability (s 105)

10
Live-in Caregivers

• resides in and provides child care, senior home
  support, care of disabled, w/o supervision,
  private household (defn in s2)
• work permit temporary resident
• secondary school
• training or experience
• language
• employment contract