A legal status in Canada is extremely coveted with an estimated 500000 people arriving in Canada by 2024. As the newcomers to Canada are deciding on where to live and settle , it’s important to carve out a path to citizenship. In Canada, there are several legal statuses that foreign nationals can have, each with its rights, privileges, and limitations.
Canadian Citizenship, PR, and Other Legal Status’
- Canadian Citizenship: This is the highest legal status in Canada. Canadian citizens enjoy full rights and privileges, including the right to vote, run for public office, and hold a Canadian passport. Citizenship is obtained through birth, naturalization, or descent.
- Permanent Residency (PR): Canadian Permanent resident(s) are non-citizens who have been granted the right to live and work in Canada indefinitely. They have access to most social benefits that Canadian citizens receive, including healthcare coverage. Permanent resident of Canada and their family members need to meet residency obligations to maintain their status.
- Temporary Resident Status: This includes different categories:
- Temporary Foreign Workers: Individuals who are authorized to work in Canada for a specific employer and duration under a work permit.
- International Students: Individuals studying at a designated learning institution in Canada under a study permit.
- Visitors: Individuals visiting Canada for tourism, visiting family or friends, or conducting business activities under a visitor visa or an Electronic Travel Authorization (eTA).
- Protected Person Status: Individuals who are refugees or persons in need of protection may be granted protected person status if they meet the criteria set out in Canada’s refugee laws.
- Diplomatic and Official Status: Diplomats and individuals on official missions or assignments from their home countries have special legal statuses and privileges under diplomatic agreements.
Each status carries its own set of rights, responsibilities, and limitations as per the Canadian Laws. The eligibility criteria and processes for obtaining these statuses vary depending on the category and immigration program. It’s essential to understand the specific requirements and implications associated with each status when planning to visit, study, work, or live in Canada. Seeking guidance from a qualified immigration lawyer or a registered immigration consultant can provide accurate and personalized information regarding legal status in Canada based on individual circumstances
Canadian Permanent Residency (PR) and Canadian Citizenship are both statuses that confer certain rights and responsibilities, but they differ significantly
Permanent Residency (PR) and Citizenship in Canada are both statuses that confer certain rights and responsibilities, but they differ significantly:
- Permanent Residency (PR):
- PR status is granted to individuals who are not Canadian citizens but have been authorized to live and work in Canada indefinitely.
- PR holders enjoy many of the same rights and privileges as citizens, such as access to healthcare and social benefits.
- They have the right to live, study, and work anywhere in Canada, and they are protected under Canadian law.
- PR holders need to reside in Canada for at least 730 days within a five-year period to maintain their PR status. Failing to meet this residency requirement can lead to loss of PR status.
- PR status doesn’t grant the right to vote or run for political office in Canada. Also, some jobs may require Canadian citizenship.
- PR holders can apply for Canadian citizenship after meeting residency requirements and fulfilling other eligibility criteria.
- Canadian Citizenship:
- Citizenship is the legal status of being a member of a country and enjoying all the rights and responsibilities granted by that country.
- Canadian citizens have the right to vote in elections, run for political office, and hold Canadian passports, allowing them to travel with greater ease to many countries without visas.
- They have the right to live in Canada indefinitely and cannot lose their citizenship due to absence from the country.
- To become a Canadian citizen, PR holders need to fulfill specific residency requirements (physically present in Canada for a certain period) and meet other eligibility criteria, such as language proficiency and knowledge of Canadian history and culture.
- Citizenship applications also involve passing a citizenship test and demonstrating adequate language proficiency in English or French.
The significant difference between these two statuses lies within
- Legal right with respect to Voting rights
- Owning a Canadian Passport.
- Ability to live outside Canada for longer than 2 years
- Applying to work for the Canadian government and Holding government jobs
In summary, while both PR and citizenship allow individuals to live and work in Canada, citizenship grants additional rights such as voting and holding a Canadian passport, which are not available to PR holders. However, PR status offers many benefits and is a significant step towards eventually obtaining Canadian citizenship for those interested in becoming full-fledged Canadian citizens.
Advantages of having a valid PR card
Permanent Residents of Canada enjoy several rights and privileges, to live, work, and study in Canada indefinitely. Here are some key things you can do with a Permanent Resident card:
- Live in Canada: As a permanent resident, you can live in any province or territory in Canada. You have the freedom to choose where you want to reside.
- Work in Canada: You have the right to work for any employer in Canada (except for jobs that require high-level security clearance). You don’t need an additional work permit.
- Study in Canada: You can enroll in any educational institution, including universities and colleges, and access education at the same rates as Canadian citizens.
- Access to Healthcare and Social Services: Permanent residents have access to Canada’s publicly funded healthcare system. They can also access social services and benefits provided by the government.
- Travel in and out of Canada: With a PR card, you can travel in and out of Canada freely. However, you should meet the residency obligations to maintain your PR status.
- Apply for Canadian Citizenship: After meeting residency requirements, permanent residents are eligible to apply for Canadian citizenship. Citizenship grants additional rights, including the ability to vote and obtain a Canadian passport.
- Protection under Canadian Law: Permanent residents are protected under Canadian laws and the Canadian Charter of Rights and Freedoms.
- Apply for Family Sponsorship: As a permanent resident, you may be eligible to sponsor your family members for permanent residency in Canada.
- Financial Services: You can open bank accounts, apply for credit cards, and access financial services like any other resident in Canada.
- Apply for Canadian Public Schools: Your children can attend Canadian public schools, and they will be eligible for Canadian education as dependents.
It’s important to note that maintaining your permanent resident status requires meeting residency obligations, which involve spending a certain amount of time physically present in Canada. Failing to meet these requirements may lead to the loss of PR status. Always keep your PR card valid and ensure compliance with Canadian laws and regulations to retain your permanent resident status and associated privileges.
Eligibility Requirements for applying for becoming a citizen of Canada
When arriving from your home country, it’s good to be aware of the immigration process and the steps needed to achieve a citizenship status. As of my last knowledge update in January 2022, the requirements for applying for Canadian citizenship include the following criteria:
- Permanent Resident Status: To apply for Canadian citizenship, the first step is being physically present in Canada as a permanent resident for at least 1,095 days (three years) out of the five years immediately preceding the date of your application. Time spent in Canada before becoming a permanent resident may count as a half-day toward meeting the residency requirement, up to a maximum of one year (365 days).
- Taxes and Income Tax Filing: You must have filed your income taxes for at least three years within the five-year period preceding your application, if required under the Income Tax Act. Failing to meet your tax filing obligations could affect your eligibility for citizenship.
- Language Proficiency: Applicants between 18 and 54 years old must demonstrate adequate knowledge of English or French by providing acceptable evidence of language proficiency in speaking and listening, as well as, in some cases, writing and reading.
- Knowledge of Canada: You must have adequate knowledge of Canada, including its history, values, institutions, and symbols. This requirement is typically assessed through a citizenship test.
- Intent to Reside in Canada: There is an intention to reside in Canada, and you must declare your intent to reside in Canada once granted citizenship.
- Criminal History: Applicants should not be prohibited from being granted citizenship due to criminal prohibitions or other reasons. Criminal history or specific circumstances may impact eligibility.
- Residency Obligation: During the citizenship application process, you should meet the residency requirement and not spend excessive time outside Canada during the qualifying period.
- Application Processing Fee: There is an application processing fee for adult applicants, and this fee is payable upon submitting the citizenship application.
It’s crucial to note that the requirements for Canadian citizenship may change, and it’s advisable to check the most recent and detailed information on the official Government of Canada website or consult with an immigration professional or lawyer for the most up-to-date and accurate information before applying for citizenship.
