Glossary - Immigration Law
Immigration, Refugees and Citizenship Canada considers your spouse, common-law partner, or dependent child to be your dependant.
A dependent child is a child who depends on their parent or parents because they’re either:
- under the age of 22 and not married or in a common-law relationship, or
- 22 or older and financially dependent on their parents since before they were 22 because they have a physical or mental condition that stops them from supporting themselves.
The rules about who is a dependent child were different before August 1, 2014, and between that date and October 23, 2017. For some people, previous rules will apply.
A dependent child can be biological, which means born to their parents, or adopted.
In Criminal Law, Immigration Law, Refugee Law
A deportation order is a type of removal order, an order which requires someone to leave Canada. If you’re deported, you can’t return to Canada unless you get permission in writing from Immigration, Refugees and Citizenship Canada. This is called an Authorization to Return to Canada (ARC).
In Immigration Law, Refugee Law
Being deported means having to leave Canada because of a deportation order. A deportation order is a type of removal order. If someone is deported, they can’t return to Canada unless they get permission in writing from Immigration, Refugees and Citizenship Canada. This is called an Authorization to Return to Canada (ARC).
Designated foreign nationals are members of a group of people who:
- arrive in Canada together, and
- are called an “irregular arrival” by the Minister of Public Safety and Emergency Preparedness.
This can happen, for example, if the Minister suspects that they have been brought to Canada through human smuggling or trafficking with the help of a criminal organization or terrorist group.
Designated foreign nationals have fewer rights than other foreign nationals.
In Immigration Law, Refugee Law
Evidence is used to prove a fact or to persuade someone who’s making a decision, like an immigration officer or a member of the Immigration and Refugee Board. There are different types of evidence, for example:
- information witnesses give at a hearing
- documents, such as letters or reports
- photographs
If you make a refugee claim or an application to Immigration, Refugees and Citizenship Canada, you need to provide evidence to show why your claim or application should succeed.
Police and immigration authorities gather evidence when they think someone may have done something wrong or committed a crime. This type of evidence includes property they find when they’re doing a search and statements that people make.
An exclusion order is a type of removal order. If you get an exclusion order, you can’t return to Canada for one year. But you can’t return for 5 years if the reason for the exclusion order was “misrepresentation”. This means that you said something that was not true or accurate, or you left out information you were required to give.
If you want to return sooner, you need permission in writing from Immigration, Refugees and Citizenship Canada. This is called an Authorization to Return to Canada (ARC).
There are only certain family members who you can sponsor for permanent residence. They include your spouse and common-law partner. They also include your dependent child, a dependent child of your spouse or common-law partner, and a dependent child of that dependent child.
A foreign national is anyone who is not a Canadian citizen or permanent resident. For example, a refugee claimant, a visitor, or a person in Canada without any immigration status is a foreign national.
In Immigration Law, Refugee Law
Sometimes people can apply to Immigration, Refugees, and Citizenship Canada (IRCC) for permanent resident status based on what are called humanitarian and compassionate grounds.
The grounds, or reasons, can be almost anything that makes others feel compassion for and want to help the person making the application. For example, a reason people often use is that they would face hardship if they had to return to their home country. They also explain that they’re established in Canada and have created a life here.
Another important factor is whether a child would be directly affected if the applicant had to return to their home country. This is because IRCC must consider what’s in the child’s best interests. It does not have to be the applicant’s child.
