Canadian immigration law: check your route, deadline and next step

Which immigration problem are you trying to solve?

The Immigration and Refugee Protection Act sets the federal framework. Provincial nomination and Quebec selection can matter, but they do not replace the applicable federal requirements. Eligibility, an invitation, an application and approval are different stages.

As checked on 23 October 2026, Express Entry manages the Canadian Experience Class, Federal Skilled Worker Program and Federal Skilled Trades Program. Entry into the pool does not guarantee an invitation. The parents and grandparents sponsorship program is paused for new applications, interest forms and invitations; existing applications continue to be processed. Check current program instructions before spending money.

Scroll the tables sideways to compare all columns.

Refused: which deadline and which forum?

A new application usually addresses eligibility or evidence; judicial review asks the Court to examine a decision’s legality or fairness. An available statutory appeal must ordinarily be exhausted before review under section 72. Check eligibility and exclusions before using the table. Extensions are discretionary, not a second deadline you can safely choose.

Keep proof of delivery, portal access and notification. Requesting records or asking an officer to reconsider does not automatically stop the original clock. A filing deadline is not necessarily satisfied by sending an enquiry or retaining a lawyer.

Scroll the tables sideways to compare all columns.

Sources: IAD rule 16, IRPA appeal rights and current RAD practice notice. The Federal Court’s 12 August 2026 special order extends certain later record deadlines; it does not replace the initial section 72 filing-and-service period. Ask about both steps and any case-specific direction.

Temporary status, permanent residence and citizenship are different tests

Under regulation 182, certain visitors, workers and students can seek restoration within 90 days after losing status for specified failures, if the other requirements are met. It is not a universal grace period. A restoration request itself does not give permission to work or study. A timely extension and maintained status under regulation 183 require a separate conditions-and-activity check.

A permanent resident ordinarily needs at least 730 qualifying days in each five-year period under section 28. Some specified days abroad can count, subject to strict conditions; any overseas work or remote job does not automatically qualify. For a person who has been a permanent resident for less than five years, the test includes whether they can meet the obligation within the first five years. Humanitarian considerations may matter.

For the standard citizenship grant route, Citizenship Act section 5 ordinarily requires permanent resident status and 1,095 days of physical presence in the preceding five years. Eligible days before permanent residence as a temporary resident or protected person count as half-days, up to 365 days of credit. Tax-filing requirements, language and knowledge requirements for applicants aged 18–54 at application, prohibitions and excluded periods also matter. Meeting a day count alone does not guarantee citizenship.

Criminal records, refugee claims and removal need early advice

Inadmissibility depends on the ground, the evidence and whether you are a foreign national or permanent resident. Section 36 treats Canadian offences, foreign convictions and foreign acts differently. For a Canadian conviction, serious criminality can arise from a maximum punishment of at least ten years or an imposed prison term of more than six months. The IAD appeal bar uses different criteria, including an imposed term of at least six months for the Canadian branch. Do not assume the two thresholds are the same.

Impaired driving can have immigration consequences. IRCC distinguishes offences committed before 18 December 2018 from later offences; the offence date, Canadian equivalence and sentence matter. A conviction does not automatically erase permanent resident status, and a permit, rehabilitation or record-suspension route is not guaranteed.

Material misrepresentation under section 40 can lead to five years of inadmissibility. The starting event differs for an outside-Canada determination and an in-Canada case followed by enforced removal. Disclose the full history to your adviser; not every mistake has the same legal effect.

An asylum claim first needs to pass the referral-eligibility stage before the Refugee Protection Division assesses protection. Current section 101 includes the 2026 rules concerning a claim more than one year after the first entry after 24 June 2020 and claims made after the specified period following an irregular Canada–US land-border entry. These new provisions apply to claims made on or after 3 June 2025. Border rules and exceptions are complex: do not assume waiting 14 days creates eligibility. The unaccompanied-minor policy permits specified exemptions; it is not a blanket exception for every child.

A court challenge or a humanitarian and compassionate application does not universally stop removal. A pre-removal risk assessment and any statutory stay have their own eligibility and conditions. If there is a removal date, obtain urgent advice on the actual order and whether separate stay relief is needed.

Compare government fees with advice and representation costs

These selected amounts are in Canadian dollars, checked on 23 October 2026 against IRCC’s fee list, its 30 April 2026 permanent-residence increase and Federal Court immigration rule 23. They are not an all-in quote. Check the current category, exemptions and payment instructions before applying.

Scroll the tables sideways to compare all columns.

Ask a professional to specify the stage covered, who prepares and submits documents, whether representation is included, taxes and disbursements, and the cost of later work. A low advertised consultation price is not a quote for an entire immigration application or court case.

Who can help, and what does each service do?

Before paying, check IRCC’s authorized-representative guidance and the relevant regulator’s register. Section 91 governs paid immigration representation and advice, with specified categories and exceptions. A licence must cover the actual work; a person’s immigration authorization does not automatically permit Federal Court advocacy. Quebec also has its own representation requirements.

Ask for the individual’s name and regulator, written scope, fees, cancellation terms and who is responsible for every deadline. Keep a complete copy of everything submitted. No representative can guarantee approval.

Scroll the tables sideways to compare all columns.

Save this immigration advice checklist

1. Save the complete decision, reasons, messages, envelopes and portal notifications. Record when you received or first learned of each one.
2. Collect passports, permits, status documents, entry/exit history, prior applications and the exact materials submitted. Include refusals and any representative correspondence.
3. Make a dated timeline of status, employment or study, family changes, travel, criminal matters and dealings with IRCC, CBSA or the IRB. Keep originals and translations.
4. List every current date: expiry, hearing, filing, reporting and removal. Ask which deadline applies, what must be filed and served, and whether an extension or stay is needed.
5. Ask which routes are legally available, what evidence is missing, whether legal aid may assist, who will do each step and what each stage costs. Share sensitive documents through the adviser’s agreed secure channel.

A consultation booking, document request or online enquiry does not lodge an application, preserve status or stop removal. If a deadline is close, say so at the first contact.

Official help and free legal information

Official administrative help and legal advice have different roles. Confirm eligibility, scope and availability early.

Common questions about Canadian immigration law

Related legal information