Foreign Nationals vs Permanent Residents: Why the Legal Standard Is Different

Canadian immigration law distinguishes between foreign nationals and permanent residents. This distinction affects how criminal inadmissibility rules are applied.

For Americans traveling to Canada, understanding this difference helps explain why certain provisions of the Immigration and Refugee Protection Act (IRPA) apply differently depending on immigration status.

What is a foreign national?

A foreign national is a person who is not a Canadian citizen or permanent resident.

For most Americans traveling to Canada for tourism, business, or family visits, the law considers them foreign nationals.

Foreign nationals must demonstrate that they are admissible to Canada each time they attempt to enter the country.

What is a permanent resident?

A permanent resident is a person who has been granted permanent immigration status in Canada but is not yet a citizen.

Permanent residents have the right to live and work in Canada, although their status may still be affected by certain criminal offences.

How section 36 treats these two groups differently

Section 36 of the Immigration and Refugee Protection Act distinguishes between two categories of criminal inadmissibility.

This means that permanent residents cannot be found inadmissible under section 36(2), which applies only to foreign nationals.

Why this distinction matters

For Americans attempting to enter Canada, this difference is important because they are considered foreign nationals.

As a result, both section 36(1) and section 36(2) may apply depending on the circumstances.

Permanent residents, however, are subject primarily to the serious criminality provisions under section 36(1).

Immigration consequences for foreign nationals

Foreign nationals found inadmissible under section 36 may face consequences such as:

●        refusal of entry at the border

●        cancellation of visas or permits

●        removal from Canada if already present

These decisions are made by immigration authorities based on the specific facts of each case.

Immigration consequences for permanent residents

Permanent residents generally have greater legal protections.

However, serious criminality may still lead to immigration proceedings that could result in loss of permanent resident status.

Educational purpose of this article

This article provides general information about how Canadian immigration law treats foreign nationals and permanent residents differently.

A&M Canadian Immigration Law Corporation assists clients in understanding how immigration status affects admissibility to Canada and how criminal history may impact travel or residency.

Disclaimer

This article is for general educational purposes only and does not constitute legal advice.

Sources

Immigration and Refugee Protection Act