F A C T   S H E E T   2 4
_______________

IMMIGRATION MANAGEMENT
AND REFUGEE DETERMINATION

 
SNAPSHOT

Canada’s immigration program strikes a balance between protecting Canadians and Canada’s borders and welcoming newcomers and refugees.

The Immigration and Refugee Protection Act distinguishes between the immigration program and refugee protection. It sets out the core principles of the two programs, the rights and obligations of permanent and temporary residents and protected persons, and key enforcement provisions.

The basic difference between regular immigrants and refugees is that members of the first group are seen from the viewpoint of how Canada will benefit from their presence and members of the second group are viewed according to the degree of protection that they need.

 
WHAT ARE THE CATEGORIES
OF PERMANENT RESIDENTS?

• Family class;
• Economic class; and
• Refugees and persons in need of protection.

Members of the family class are foreign nationals sponsored by family members in Canada.

Members of the economic class—skilled workers, business people and provincial nominees—are selected for their skills and ability to contribute to Canada’s economy.

Refugees and persons in need of protection are given refuge in Canada if they are judged to be at risk in their homeland.

 
HOW ARE IMMIGRANTS SELECTED?

Relatives who are Canadian citizens or permanent residents living in Canada sponsor members of the family class. Potential family class immigrants include the sponsor’s spouse, common-law or conjugal partner, dependent children, parents, grandparents and some categories of orphaned relatives.

While the majority of immigrants are expected to apply from outside the country, it is possible for a spouse, common-law or conjugal partner and dependent children to be sponsored from within Canada.

Members of the family class must meet security and medical standards to be eligible for sponsorship. In view of Canada’s commitment to family reunification, family members who do not meet the medical requirements are sometimes granted permission to come to or remain in Canada.

Members of the economic class, all of whom are required to apply from a visa office outside Canada, are selected according to a points system that measures their ability to establish themselves in Canada economically. Under the skilled worker selection grid, applicants, who require a minimum of 67 points, are rated on such factors as age, education, employment experience, arranged employment in Canada, knowledge of one or both of Canada’s official languages, adaptability, and the presence of relatives in Canada. Applicants must meet security and medical standards to become permanent residents of Canada.

 
HOW ARE REFUGEES SELECTED?

Refugees and people in refugee-like situations are selected because of their need for protection. Canada’s legislation pertaining to refugees is based on the United Nations 1951 Convention and 1967 Protocol Relating to the Status of Refugees. Therefore, the points system does not come into play in the resettlement of refugees.

To be eligible for resettlement in Canada, refugees must have a well-founded fear of persecution because of their race, religion, political opinion, nationality or membership in a particular social group, and no alternative place (through voluntary repatriation, resettlement in their country of asylum or in a third country) to go.

Refugees may be selected from outside Canada or may seek protection as refugee claimants on or after arriving in Canada. Those selected abroad are referred to a visa office by the United Nations High Commissioner for Refugees or a pre-approved private sponsor. Refugee claimants seeking protection from inside Canada must alert an immigration officer. If the officer decides that a claimant is eligible, the claimant is referred to the Refugee Protection Division of the Immigration and Refugee Board for the case to be determined. Refugees, like all immigrants, are subject to security and medical checks.

 
FOR MORE INFORMATION

Refer to Fact Sheet 12, Refugee and Humanitarian Resettlement Program, for further details on the categories of immigrants and refugee resettlement.

For information on other CIC programs and services, visit our Web site at www.cic.gc.ca or contact the CIC Call Centre at 1 888 242-2100 (in Canada only).

An automated telephone service is available 24 hours a day, 7 days a week.

Agents are available from Monday to Friday, 8 a.m. to 4 p.m. your local time.

If you are hearing impaired and you use a text telephone, you can access the TTY service Monday to Friday, from 8 a.m. to 4 p.m. your local time, by calling 1 888 576-8502 (in Canada only).

© Minister of Public Works and Government Services Canada, 2004
Cat. No. Ci51-111/2003-24
ISBN 0-662-67873-7
C&I-490-L-02-04