Terms and definitions related to permanent residence
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
This page currently includes only information about some economic and non-economic classes and the permanent resident card and status. Users should also consult Program Delivery Instructions (PDIs), and relevant Operational manuals for information about permanent resident programs.
- Accompanying family member
- An accompanying family member, in respect of a principal applicant, means the principal applicant’s family member who is accompanying them to Canada and who is not a Canadian citizen or a permanent resident. Family member has the same meaning as in subsection 1(3) of the Regulations. An accompanying family member cannot seek or be granted permanent resident status before the principal applicant.
- Accompanying outside of Canada
Subparagraphs A28(2)(a)(ii) and (iv) provide that each day a permanent resident is outside of Canada is deemed a day of physical presence in Canada provided that they are accompanying a
- spouse
- common-law partner
- parent with whom they ordinarily reside (in the case of a child)
This only applies if the person they are accompanying is either one of the following:
- a Canadian citizen
- a permanent resident employed on a full-time basis by a Canadian business or in the public service of Canada or a province or territory
- Acknowledgement of receipt (R10 passed) letter
An acknowledgement of receipt (R10 passed) letter is issued to an applicant (or their representative, if applicable) once their application for permanent residence has passed the R10 completeness check. The letter is issued by the Centralized Intake Office. If the application was submitted electronically, this letter is sent to the applicant (or their representative, if applicable) via their IRCC Secure account; otherwise, the letter is sent by mail. This letter should not be confused with the electronic receipt of the application for permanent residence letter. This is the official acknowledgement of receipt letter and it may be used to support a bridging open work permit if all other requirements are met.
This does not apply to Express Entry lines of business (Canadian Experience Class, Federal Skilled Workers, Federal Skilled Trades, Provincial Nominee Program – Enhanced Stream), where applicants receive an electronic receipt of the application for permanent residence letter before R10 is passed.
- Arranged employment
Pursuant to R82(1), “arranged employment” means an offer of employment that is made by a single employer other than an embassy, high commission or consulate in Canada or an employer who is referred to in subparagraphs 200(3)(h)(ii) or (iii), that is for continuous full-time work in Canada having a duration of at least one year after the date on which a permanent resident visa is issued and that is with respect to an occupation that is listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification.
- Base nominations
Provincial and territorial "base" nominations are made through Provincial Nominee Program (PNP) streams that exist outside Express Entry and are subject to regular PNP processing standards. They are also referred to as non-Express Entry streams.
- Business or investment activity
A private sector for profit activity, but excluding any activity related to a state-owned enterprise.
- Canadian business
Canadian business applies to both small and large businesses that meet one of the following criteria:
- federally or provincially incorporated businesses that have an ongoing operation in Canada
- enterprises that have been created by the laws of Canada or a province
- enterprises in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents or businesses and that (all must apply)
- have an ongoing operation in Canada
- are capable of generating revenue
- are carried out in anticipation of profit
The definition of “Canadian business” does not include businesses that have been created primarily for the purpose of allowing a permanent resident to satisfy their residency obligation while residing outside of Canada, as per subsection R61(2).
- Canadian educational credential
Pursuant to subsection R73(1), "Canadian educational credential" means any diploma, certificate or credential, issued on the completion of a Canadian program of study or training at an educational or training institution that is recognized by the provincial authorities responsible for registering, accrediting, supervising and regulating such institutions.
- Candidate
This term is used in relation to Express Entry / profile / submission. It refers to a person in the Express Entry pool.
- Category A
This refers to the Gaining experience category under the Home Child Care Provider and Home Support Worker pilots. Category A is defined as a group of applicants (outside or inside Canada) who have less than the required eligible work experience and are therefore specifically targeted by subsection 2(3) of Ministerial Instructions 32 (MI32) (as later amended in MI63 and MI73). Category A applicants must apply for an occupation-restricted open work permit (OROWP) at the same time as their application for permanent residence. Processing is done in two stages. A positive Stage 1 decision (assessment regarding the selection criteria for permanent residence, including education, language, job offer, ability to perform the work and admissibility) leads to the issuance of the work permit if all other requirements for a work permit are met. A Stage 2 decision, and a final decision on the permanent residence application, are made once the applicant has acquired and submitted proof of the required work experience in Canada.
- Category B
This refers to the Direct to permanent residence category under the Home Child Care Provider and Home Support Worker pilots. Category B is defined as a group of applicants who have already completed the required eligible Canadian work experience and are therefore specifically targeted by subsection 2(4) of Ministerial Instructions 32 (MI32) (as later amended in MI63 and MI73. This is a regular permanent residence process where applicants do not apply for an occupation-restricted open work permit (OROWP) like in Category A, though they may apply for a bridging open work permit if they are eligible. It is processed similarly to other economic immigration classes.
- Child
For the purposes of subparagraphs A28(2)(a)(ii) and (iv), a “child” is defined as a child of a Canadian citizen or permanent resident, including an adopted child, who is both
- not a spouse or common-law partner
- younger than 22 years of age
- Come to Canada number
A temporary number given to a person who completes the Come to Canada wizard. The number allows the person to carry answers over from the Come to Canada wizard to the profile builder section of their IRCC Secure account so the individual does not have to answer those questions again.
- Come to Canada wizard (the wizard)
An IRCC website online tool that gives candidates a sense of whether they meet the eligibility requirements of certain programs. All information is provided in a non-secure environment. Personal information, such as a candidate’s name, is not collected.
- Common-law partner
“Common-law partner” is defined in R1(1).
- Convention refugee
A Convention refugee is a person 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, as per the 1951 Refugee Convention:
- is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themselves of the protection of each of those countries; or
- not having a country of nationality, is outside the country of their former habitual residence and unable or, by reason of that fear, unwilling to return to that country [A96].
- Comprehensive Ranking System (CRS)
The Comprehensive Ranking System, or CRS, determines a candidate’s position in the Express Entry pool. It ranks prospective skilled immigrants by looking at their skills, work experience, language ability, education and other factors that we know lead to success in Canada.
- Day of physical presence
For the purpose of calculating the number of days to comply with the residency obligation in paragraph A28(2)(a), a day includes a full day or any part of a day that a permanent resident is physically present in Canada. Any part of a day spent in Canada, or otherwise in compliance with paragraph A28(2)(a), is to be counted as a full day for the purpose of calculating the 730 days in a 5-year period.
- Dependent child
For the purposes of the Regulations, subparagraph R2 dependent child, in respect of a parent, means a child who has one of the following relationships with the parent, namely,
- is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or
- is the adopted child of the parent; and
- is in one of the following situations of dependency, namely,
- is less than 22 years of age and is not a spouse or common-law partner, or
- is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially self-supporting due to a physical or mental condition.
- Domicile
A person is domiciled where they have their permanent home or their principal establishment. An adult who has always resided in the country of their birth is domiciled in that country. They will maintain this domicile unless they acquire residence in another country (mere presence in another country is not sufficient) and they have a fixed intention of continuing to reside there indefinitely, thereby establishing a new permanent home or principal establishment. An unmarried minor normally has the same domicile as their parents. In most overseas spousal sponsorship applications, the sponsor will be domiciled in Canada and the applicant will be domiciled in another country.
- Electronic facilitation counterfoil (eFoil)
An eFoil is created automatically in the Global Case Management System when an officer generates a temporary resident permit or a Confirmation of Permanent Residence for a visa-exempt foreign national. This virtual document is issued to ensure that visa-exempt foreign nationals are permitted to embark on their flight, following airline verification of their passport and travel documents via the Canada Border Services Agency’s Interactive Advance Passenger Information system (it should be noted that this system is currently available in air mode only).
- Electronic receipt of the application for permanent residence letter
An electronic receipt of the application for permanent residence letter is automatically issued to an applicant (or their representative, if applicable) on receipt of their electronic application for permanent residence. This letter is sent to the applicant through their IRCC Secure account . This letter cannot be used to support a bridging open work permit (apart from in the Start-Up Visa Program) and it should not be confused with the acknowledgement of receipt (R10 passed) letter
- Employment outside of Canada
The IRPR enables permanent residents to comply with the residency obligation while working abroad, provided they (all must apply):
- are under contract to or are full-time employees of a Canadian business or public service, where the assignment is controlled from the head office located in Canada
- are assigned on a full-time basis as a term of their employment outside of Canada or contract to a position outside of Canada with
- the business where they are employed
- an affiliated enterprise
- a client
- maintain a connection to a Canadian business
- are assigned on a temporary basis to the work assignment
- will continue working for the employer, in Canada, after the assignment
- Enhanced nominations
Provincial and territorial nominations made through the Express Entry system are called "enhanced nominations". Enhanced nominations are processed online and are subject to the six-month or less processing standard (in 80% of cases).
- Equivalency assessment
Pursuant to R73(1), “equivalency assessment”, commonly called an Educational Credential Assessment (ECA), means a determination, issued by an organization or institution designated under R75(4), that a completed foreign diploma, certificate or credential is equivalent to a completed Canadian educational credential as defined above.
The equivalency assessment will also include an assessment by the organization or institution of the authenticity of the completed foreign diploma, certificate or credential.
- Express Entry pool (the pool)
Potential candidates who have submitted an Express Entry profile may be placed in the Express Entry pool if they meet the minimum entry criteria. Initially referred to as the Express Entry pool and thereafter as the pool.
- Express Entry profile
A potential candidate fills out an Express Entry profile to express their interest in coming to Canada. The Express Entry profile is filled out after the potential candidate has completed the Come to Canada wizard and created an IRCC Secure account. Potential candidates can access their profile by logging into their IRCC Secure account.
- Express Entry profile number
Given to an Express Entry candidate who successfully enters the pool, a profile number is used to add a profile to the Job Bank so potential employers can confirm the candidate is in the Express Entry pool. It is used by provinces and territories through the P/T Portal to confirm a candidate is actually in the Express Entry pool and by IRCC for internal reasons.
- Express Entry system
Express Entry is the system used to manage the intake of economic immigration applications under the Federal Skilled Worker Program, Federal Skilled Trades Program, Canadian Experience Class and a portion of the Provincial Nominee Program.
- Extrinsic information
Extrinsic information (which needs to be disclosed to the applicant so they have a chance to respond) is:
- information that is from a source other than the applicant
- information that the applicant does not have access to, or is not aware of, and that is being used in the decision.
Examples
- Information received from an anonymous source that is integral to the decision.
- Following a request about the authenticity of documents, the visa office replies that the documents are not authentic. Although the documents were submitted as part of the H&C application, the information related to their authenticity will be used as the basis for the decision or as a determinative factor.
- Opinions from medical officers and provincial health authorities.
- Family member
For the purposes of the Act, other than A12 and A38(2)(d), and the Regulations, “family member” in respect of a person means:
- the spouse or common-law partner of the person;
- a dependent child of the person or of the person's spouse or common-law partner; and
- a dependent child of a dependent child referred to in R1(3)(b).
- Full-time studies
For the purposes of the Canadian Experience Class (CEC), and to allow for greater flexibility, full-time studies are not explicitly defined within the Regulations, and therefore the definition that will apply is the one used by the post-secondary institution which issued the educational credential.
- Full time work - For Home Child Care Provider and Home Support Worker pilots
Pursuant to R73(1), “full-time work” means at least 30 hours of work over a period of one week, and pursuant to R73(2) “work” means an activity for which wages are paid or commission is earned.
- Immigrant Investor Venture Capital Fund
The capital derived from payments made by approved immigrant investors under the Immigrant Investor Venture Capital class, and any income - including interest and capital gains - generated by the investment of the payments, for the purposes of investment as venture capital.
- Intrinsic information
Intrinsic information (which does not need to be disclosed to the applicant) is:
- information that is provided by or readily available to the applicant; and
- information that the applicant is aware will be used in the decision.
- Example
Information provided by an applicant's spouse at an interview to determine the bona fides of a marriage is considered intrinsic because the applicant has access to it and would reasonably expect it to be used in the decision.
- Invitation to Apply (ITA)
An Invitation to Apply, or ITA, is given to Express Entry candidates who have the highest Comprehensive Ranking System (CRS) scores at the time of an Express Entry round of invitations.
Candidates who are issued an ITA have three options: they can respond to the ITA; they can ignore it (in which case they are removed from the Express Entry pool); they can decline it, in which case they return to the pool for consideration in future rounds of invitations.
- Job Seeker validation code
Express Entry candidates receive this four-digit code when they submit their Express Entry profile in their IRCC Secure account. This code is automatically generated by the system. Candidates need their Job Seeker validation code to register for the Government of Canada's Job Bank. The validation code is also required by provinces and territories who wish to nominate a candidate through the Provinces and Territories Portal (PT Portal).
- Labour Market Impact Assessment (LMIA)
An LMIA (formerly known as a Labour Market Opinion) is an assessment an employer in Canada must apply for before hiring a foreign worker. A positive LMIA will show that there is a need for a foreign worker to fill the job and that no Canadian or permanent resident is available to do the job. A positive LMIA is sometimes called a confirmation letter. Employers must contact Employment and Social Development Canada to apply for an LMIA.
- Language skill area
Pursuant to subsection R73(1), “language skill area” means speaking, oral comprehension (listening), reading and writing.
- Marriage
“Marriage” is defined, with respect to a marriage that took place outside Canada, as a marriage that is valid both under the laws of the jurisdiction where it took place and under Canadian law [R2].
- Minimum entry criteria (MEC)
A candidate must meet the Express Entry minimum entry criteria (MEC) to qualify for the Express Entry pool and to be eligible to receive an Invitation to Apply for permanent residence. They must also meet the MEC when they submit their application for permanent residence to IRCC. See the MEC section in the Express Entry program delivery instructions for details.
- National Occupational Classification
The National Occupational Classification (NOC) is the official governmental classification and description of occupations in the Canadian economy. The NOC identifies and categorizes occupations by the degree of training, education, experience, and responsibilities (TEER) required for an occupation.
- Net worth
The fair market value of all of the assets of an applicant and their spouse or common-law partner, excluding the fair market value of their primary residence, minus the fair market value of all of their associated liabilities.
- Notification of interest
Provinces and territories interested in a particular candidate will indicate their interest through the PT portal. When this occurs, the candidate receives a system-generated message in their IRCC Secure account that advises them that a province or territory would like to consider them for nomination. This message is a "notification of interest".
- Permanent Residence Portal
A secure, web-based portal to submit certain permanent residence applications, permanent residence cards, permanent residence travel documents and confirmation of permanent residence status. Programs that use this include but are not limited to: Privately Sponsored Refugees, Protected Persons, Provincial Nominee Program (non-Express Entry), Family Class and Start Up Visa programs.
- Person in need of protection
A “Person in need of protection” is a person in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally:
- to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or
- to a risk to their life or to a risk of cruel and unusual treatment or punishment if
- the person is unable or, because of that risk, unwilling to avail himself or herself of the protection of that country;
- the risk would be faced by the person in every part of that country and is not faced generally by other individuals in or from that country;
- the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and
- the risk is not caused by the inability of that country to provide adequate health or medical care.
- Provinces and Territories Portal (PT Portal)
A secure, web-based portal through which provinces and territories (PT) will be able to access Express Entry candidates. This is where PTs will go to confirm the Express Entry profile number provided by the candidate; to identify candidates of interest for their respective PNP; and, to track their activity in the pool and the actions of candidates to whom they have issued a nomination certificate.
- Province or territory certificate of qualification
This is a document issued by the body that governs trades in a province or territory. It proves that a person is qualified to work in a certain skilled trade, i.e., they have passed a certification exam and meet all the requirements to practice their trade in that province or territory. Depending on the province, this certificate may be called a "certificate of qualification" or a "qualification certificate."
- Protected person
A protected person is a person on whom refugee protection is conferred under A95(1) and whose claim has not subsequently been deemed to be rejected under A108(3) or A109(3), or whose refugee protection application is deemed to be rejected under A114(4) [A95(2)].
- Protected temporary residents class
A foreign national is a protected temporary resident and a member of the PTR class if the foreign national holds a temporary resident permit and
- became a temporary resident under a temporary resident permit for protection reasons after making a claim for refugee protection outside Canada under A99; or
- was issued a Minister's permit under section 37 of the former Act after seeking admission to Canada under section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations [R151.1].
- Restricted occupations
- R73 defines restricted occupations as those so designated by the Minister following a review of labour market activity and consultations with other stakeholders.
- R75(2)(a) stipulates that experience in a restricted occupation cannot be used to satisfy the minimal requirements of a skilled worker.
- R80(2) stipulates that no points can be given under the experience factor of the skilled worker selection criteria for experience in a restricted occupation.
At the time of publication, there were no occupations designated as restricted.
- Round of invitations
A round of invitations occurs on a specific time and day when IRCC issues Invitations to Apply to the top-ranking candidates in the Express Entry pool. A round of invitations can be performed for the pool as a whole (Comprehensive Ranking System (CRS) rank only) or specific to a program (for example, CRS rank for federal skilled worker only). Every round of invitations has a set of instructions that the electronic system uses to invite candidates from the pool. These instructions are posted on the IRCC website before each round of invitations, and include the date and time of the round of invitations, the number of candidates that will get an Invitation to Apply, and if it applies, which specific immigration program will be included. Round of invitations is used as a noun (i.e., "the current round of invitations has resulted in…").
- Skilled trade occupation
Pursuant to R87.2(1), a “skilled trade occupation” is defined as an occupation in one of the following categories belonging to the following groups, unless the occupation has been designated a restricted occupation by the Minister.
Skill Level B (under NOC 2016):
- Major Group 72, industrial, electrical and construction trades
- Major Group 73, maintenance and equipment operation trades
- Major Group 82, supervisors and technical occupations in natural resources, agriculture and related production
- Major Group 92, processing, manufacturing and utilities supervisors and central control operators
- Minor Group 632, chefs and cooks
- Minor Group 633, butchers and bakers
TEER 2 and 3 (under NOC 2021):
- Major Group 72, technical trades and transportation officers and controllers, excluding Sub-Major Group 726, transportation officers and controllers
- Major Group 73, general trades
- Major Group 82, supervisors in natural resources, agriculture and related production
- Major Group 83, occupations in natural resources and related production
- Major Group 92, processing, manufacturing and utilities supervisors, and utilities operators and controllers
- Major Group 93, central control and process operators and aircraft assembly assemblers and inspectors, excluding Sub-Major Group 932, aircraft assemblers and aircraft assembly inspectors
- Minor Group 6320, cooks, butchers and bakers
- Unit Group 62200, chefs
- Spouse
“Spouse” is not defined in the Act or the Regulations, and takes the ordinary and usual definition of the term.
- TEER category
Introduced in the 2021 version of the NOC, the TEER categorization system represents the degree of training, education, experience and responsibilities (TEER) required for an occupation. The TEER categorization system replaces the current skill type and level structure.
