Status in Canada

• Author: Jamie Chai Yun Liew; Donald Galloway
• Pages: 77-87

77

CHAPTER 3

STATUS IN CANADA

A. INTRODUCTION

Canadian im migration law determines who may enter, remain in, work

in, or study in Canada. It has a geographical focus in that it is con-

cerned primarily with place. Immigration law has little to say about

individuals who live, work, or study outside Canada, even if they are

employed by a Canadian company or enrolled in a distance education

program run by a Canadian university.1 Immigration law becomes rel-

evant only when an individual seek s to enter, work, or study within t he

territory over which Canada claims sovereignty.

As a body of law, Canadian immigration law rests on an uncompli-

cated foundational pillar by attributing a status to every living person

in the world and by citing this status as a crucial factor to be used in

determining whether a person should be permitted to enter Canada

1 In some circum stances, the law does di sregard geography. For example, Canad ian

citizens w ho are born outside the countr y and who are working outside the coun-

try can p ass on their status to t heir child born outside the cou ntry if working for

a Canadia n government. They are thus placed i n the same position as Can adian

citizens lo cated in Canada. Bec ause of their employment, thei r geographical loca-

tion is treate d as irrelevant. Simil arly, permanent residents are u sually under

a residency obligat ion. To retai n their status they must sp end a proportion of

each f‌ive-year per iod in Canada. However, they too ma y fulf‌ill their residen ce

obligation by working out side the country in some except ional circumstance s.

See Immigration and Re fugee Protection Act, SC 2001, c 27, s 28 [IRPA].