Know Your Immigration Rights

Eight essential legal protections for immigrants in Canada. Share these facts with others to ensure everyone understands their rights.

Refugee claimants have the right to a hearing before the IRB

IRPA s.100

Refugee claimants in Canada are entitled to a fair hearing before the Immigration and Refugee Board where they can present evidence and testimony regarding their circumstances. The hearing provides an opportunity to demonstrate that they meet the definition of a refugee or person in need of protection under Canadian law.

Work permit holders cannot be deported for changing employers

IRPA s.185

Work permit holders retain the ability to change employers without jeopardizing their legal status in Canada. While conditions of employment may be specified in a work permit, individuals are not automatically subject to removal solely for changing jobs or employment situations.

PR holders have the right to enter and remain in Canada

IRPA s.27, Charter s.6

Permanent residents possess a fundamental right to enter Canada and to remain in the country. This protection is grounded in both immigration law and the Canadian Charter of Rights and Freedoms, ensuring permanence of status and security of residence.

Employers cannot confiscate immigration documents

Criminal Code s.279.03

Canadian law prohibits employers from taking, withholding, or confiscating identity or immigration documents belonging to workers. This protection applies to all workers in Canada regardless of immigration status and prevents exploitation through document control.

Temporary residents have the right to apply for status restoration

IRPA R.182

Individuals whose temporary status has expired may be eligible to apply for restoration of that status. This provision allows people to correct administrative situations or changed circumstances and regain legal status in Canada.

Refugee claimants have the right to work while awaiting a decision

IRPA R.206

Refugee claimants who meet specific criteria are authorized to apply for work permits while their claims are being processed. This provision enables claimants to support themselves and contribute economically during the asylum determination period.

Sponsored spouses are not required to remain in an abusive relationship

IRPA conditional PR exemption

Sponsored spouses and partners in conditional permanent residency situations are not obligated to remain in relationships involving abuse. Exemptions exist that protect individuals experiencing domestic violence from losing immigration status due to relationship breakdown.

Immigration detainees have the right to regular detention reviews

IRPA s.57

Individuals detained under immigration law have the right to periodic reviews of the necessity and conditions of their detention. Reviews ensure that detention remains justified and that conditions are appropriate, with opportunities to challenge continued detention.

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