ARCHIVED – Annual Report to Parliament on Immigration, 2008

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Annexes

Annex A: Section 94 of the Immigration and Refugee Protection Act

The following is an extract from the 2002 Immigration and Refugee Protection Act, outlining the requirements for CIC’s Annual Report to Parliament.

Reports to Parliament

94. (1) The Minister must, on or before November 1 of each year or, if a House of Parliament is not then sitting, within the next 30 days on which that House is sitting after that date, table in each House of Parliament a report on the operation of this Act in the preceding calendar year.

(2) The report shall include a description of:

(a) instructions given under section 87.3 and other activities and initiatives taken concerning the selection of foreign nationals, including measures taken in cooperation with the provinces;

(b) in respect of Canada, the number of foreign nationals who became permanent residents, and the number projected to become permanent residents in the following year;

(b.1) in respect of Canada, the linguistic profile of foreign nationals who became permanent residents;

(c) in respect of each province that has entered into a federal-provincial agreement described in subsection 9(1), the number, for each class listed in the agreement, of persons that became permanent residents and that the province projects will become permanent residents there in the following year;

(d) the number of temporary resident permits issued under section 24, categorized according to grounds of inadmissibility, if any;

(e) the number of persons granted permanent resident status under subsection 25(1); and,

(f) a gender-based analysis of the impact of this Act.

Annex B: Glossary

Business Immigrants

Business immigrants include three classes of immigrants: investors, entrepreneurs and self-employed people. Business immigrants become permanent residents on the basis of their ability to become economically established in Canada. Spouses, common-law partners and dependent children may accompany business immigrants.

Convention Refugees

Persons who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group, or political opinion, are (i) outside their countries of nationality and unable or, by reason of that fear, unwilling to avail themselves of the protection of those countries; or (ii) not having a country of nationality, are outside the country of their former habitual residence and unable or, by reason of that fear, unwilling to return to that country.

Economic Immigrants

People selected as permanent residents for their skills and ability to contribute to Canada’s economy, including skilled workers, business people, live-in caregivers and provincial nominees. Spouses, common-law partners and dependent children may accompany economic immigrants.

Entrepreneurs

Immigrants admitted to Canada as permanent residents by demonstrating that they:

• have managed and controlled a percentage of equity in a qualifying business for at least two years in the period beginning five years before they apply; and
• have a legally obtained net worth of at least $300,000.

Family Class

A class of immigrants made up of close relatives of a Canadian citizen or permanent resident who may be sponsored to immigrate to Canada. Spouses or common-law partners already in Canada may be sponsored in the Spouse or Common-law Partner in Canada Class. The following close relatives may be sponsored in the Family Class (overseas): spouses; common-law partners; conjugal partners; dependent children; parents and grandparents; children under age 18 whom the sponsor intends to adopt in Canada; brothers, sisters, nephews, nieces and grandchildren who are orphans under age 18; and any other relative, if the sponsor has no relative as described above either abroad or in Canada that could be sponsored, and has no other relatives who are Canadian citizens, persons registered as Indians under the Indian Act or permanent residents.

Family Members

Family members generally include spouses, common-law partners, dependent children, and the dependent children of dependent children. A dependent child is either a biological child or an adopted child.

Foreign Students

These temporary residents have been approved by an immigration officer to study in Canada. Study permits identify the level of study and the length of time the individual may study in Canada. Students do not need a study permit for courses of six months or less if they will finish the course within the period of stay authorized upon entry, which is usually six months. Before June 28, 2002, students did not need a study permit for English- and French-as-a-second-language courses of three months or less. Every foreign student must have a study permit, but may also have been issued other types of permits or authorizations.

Foreign Workers

These foreign nationals have been authorized to enter and remain in Canada temporarily as workers. This category excludes foreign students and people who have been issued work permits for humanitarian reasons. Most foreign workers must have a work permit, but may also have other types of permits or authorizations.

Government-Assisted Refugees

Government-assisted refugees are people who are selected abroad for resettlement to Canada as Convention refugees under IRPA or as members of the Humanitarian-Protected Persons Abroad Class, and who receive resettlement assistance from the federal government.

Investors

These immigrants are admitted to Canada as permanent residents because they:

• have business experience as defined in the Regulations;
• have a legally obtained net worth of at least $800,000; and
• have invested $400,000 before receiving a visa.

The Government of Canada allocates the investment to participating provinces and territories, which guarantee the investment and use it to develop their economies and create jobs. The investment is repaid, without interest, after five years.

Live-in Caregivers

Temporary residents of Canada who have successfully completed the equivalent of Canadian secondary school; have six months of full-time training in a field or occupation related to that for which they are seeking a work permit; are able to speak, read and understand English or French at a level sufficient to communicate effectively in an unsupervised situation; and sign an employment contract with the future employer. Participants in this program may apply for permanent resident status in Canada after completing two years of live-in caregiving employment within three years of arrival in Canada.

Permanent Residence for Protected Persons in Canada

People who have been determined in Canada to be protected persons by the Immigration and Refugee Board of Canada or through the Pre-Removal Risk Assessment process may apply for permanent residence, and may include in their application any eligible family members, whether in Canada or abroad.

Principal Applicant (Business Applicant)

The person who best meets the definition of one or more of the types of business immigrants or in whose name the application for immigration is made.

Principal Applicant (Economic Applicant)

The person who is likely to earn the most points in the self-assessment or in whose name the immigration application is made.

Privately Sponsored Refugees

Refugees selected abroad for resettlement to Canada who receive resettlement assistance from private sources.

Protected Persons

Persons who have been determined to be Convention refugees or persons in similar circumstances abroad, persons whom the Immigration and Refugee Board determines to be Convention refugees or persons in need of protection in Canada, and most persons with a positive Pre-Removal Risk Assessment.

Provincial Nominees

Immigrants nominated by the provinces and territories who have specific skills that will meet their labour market and economic development needs. The Regulations establish a Provincial Nominee Class, which allows provinces and territories that have agreements with CIC to nominate individuals based on their ability to establish economically, their intent to reside in the province/territory and their contribution to the local economy. A nominee must meet federal admissibility requirements, such as those related to health and security, but is not subject to the selection grid applied to federal skilled workers.

Refugee Protection Claimant

Refugee protection claimants are individuals who request refugee protection upon or after arrival in Canada. A refugee protection claimant receives Canada’s protection when he or she is determined to be a Convention refugee as defined by the United Nations 1951 Convention Relating to the Status of Refugees and its 1967 protocol, or when he or she is found to be a person needing protection based on risk to life, risk of cruel and unusual treatment or punishment, or danger of torture as defined in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Self-Employed Persons

Immigrants who have shown that (i) they can and intend to create their own employment in Canada; and (ii) they can contribute significantly either to the Canadian economy as farmers or to the cultural or athletic life of Canada.

Skilled Workers

Immigrants selected on their ability to adapt in a fast changing labour market. Selection is based on characteristics such as education, English or French language abilities, work experience, age, arranged employment and adaptability.

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