Nunavut Immigration & Refugee Lawyer Help

Immigration Law in Nunavut — what to do right now

If someone was just detained by the Canada Border Services Agency (CBSA), your first job is to locate them and make sure no one signs anything without understanding it. CBSA must bring a detained person before the Immigration Division of the Immigration and Refugee Board (IRB) within 48 hours for a detention review; if detention continues, the next review is within 7 days, then every 30 days after that. Because Nunavut has no immigration holding centre, a person detained on an immigration matter is usually held in or moved through southern Canada, and the detention review is heard by video - so write down the person's full name, date of birth, country of birth, and any Client ID or document numbers from CBSA paperwork, and find out where they are being held. Do not let anyone agree to leave Canada or sign a removal-related form without first understanding the consequences, because some choices give up appeal rights and trigger long bars on returning.

The law in Nunavut: Immigration Law

Immigration in Canada is FEDERAL law, not Nunavut territorial law, and that is the single most important thing to understand because it decides which decision-maker you are in front of. Everything runs under the Immigration and Refugee Protection Act (IRPA, S.C. 2001, c. 27) and its regulations. The Nunavut Court of Justice does NOT decide immigration status, refugee claims, removals, or work permits. Those are decided by federal bodies: Immigration, Refugees and Citizenship Canada (IRCC) handles permanent residence, sponsorship, work and study permits, and citizenship; the CBSA handles enforcement, detention, and removals; and the Immigration and Refugee Board of Canada (IRB) is the independent tribunal that decides refugee claims and appeals and reviews detention.

Nunavut is distinctive in one way that shapes every economic immigration question: it is the only territory in Canada, and one of only two jurisdictions alongside Quebec, with NO Provincial or Territorial Nominee Program. There is no "Nunavut Nominee Program." That means a skilled worker who wants to settle in Nunavut applies through the FEDERAL programs directly - Express Entry (the Federal Skilled Worker, Federal Skilled Trades, and Canadian Experience Class streams), family sponsorship, or a pilot such as the Rural and Northern Immigration Pilot where a participating community takes part - rather than seeking a territorial nomination as you would in any province. Nunavut also has Canada's smallest immigrant population by share, a predominantly Inuit population, and very limited local settlement infrastructure, with Iqaluit as the hub. None of that changes the federal rules below; it changes where and how you access help.

The IRB has four divisions, and knowing which one you are in front of matters. The Refugee Protection Division (RPD) decides refugee claims. The Refugee Appeal Division (RAD) hears most appeals from RPD decisions. The Immigration Division (ID) reviews detention and holds admissibility hearings. The Immigration Appeal Division (IAD) hears appeals of certain removal orders, refused family sponsorships, and residency-obligation decisions. There is no IRB office in Nunavut; the territory falls within the IRB's Eastern region, administered out of Montréal, and hearings for people in Nunavut are held by video. There is no general "immigration court" the way some people imagine; you are in a specific division with its own rules and deadlines.

Refugee protection runs under IRPA sections 96 and 97, and the process changed substantially on 26 March 2026 when Bill C-12 (the Strengthening Canada's Immigration System and Borders Act) received royal assent. It created two new eligibility bars that can stop a claim from ever being referred to the RPD: a claim is ineligible if it is made more than ONE YEAR after the person's first entry into Canada on or after 24 June 2020, and a claim is ineligible if it is made more than 14 DAYS after entering between official ports of entry along the Canada-United States land border. These bars apply to claims made on or after 3 June 2025. People caught by them are not simply deported without review: they keep access to a Pre-Removal Risk Assessment (PRRA), and unaccompanied minors are exempt. The Canada-US Safe Third Country Agreement also continues to bar most claims made at the land border by people coming from the US, with limited exceptions. These rules are technical and the consequences are severe, which is exactly why getting accurate information early matters.

Removal, appeals, and judicial review each carry their own hard deadlines. A removal order can be a departure order, an exclusion order, or a deportation order, and which one you get changes whether and when you can return. An appeal to the Immigration Appeal Division (IAD) of a removal order or a refused sponsorship must reach the Division within 30 days. After the IRB and the appeal divisions have finished, the only further step is an application for leave and judicial review in the Federal Court of Canada under IRPA section 72: the deadline is 15 days for a decision made inside Canada and 60 days for a decision made outside Canada, and you first need the Court's permission ("leave") before a full hearing. Federal Court deadlines are strict. Nunavut's own courts sit alongside all of this only where a criminal charge, a family matter, or a territorial issue overlaps with immigration consequences; the immigration decision itself is always federal.

Key Federal Legislation (applies across Canada)

Immigration and Refugee Protection Act (IRPA), S.C. 2001, c. 27 - the governing statute for all immigration and refugee matters
Immigration and Refugee Protection Regulations (IRPR), SOR/2002-227 - the detailed rules under IRPA
IRPA s. 96 and s. 97 - the definitions of a Convention refugee and a person in need of protection
IRPA s. 36 - inadmissibility for serious criminality and criminality, which can flow from a Nunavut criminal conviction
Bill C-12 (2026), Strengthening Canada's Immigration System and Borders Act - new refugee eligibility bars, royal assent 26 March 2026
Citizenship Act, R.S.C. 1985, c. C-29 - for naturalization and proof of citizenship

Decision-Makers (all federal)

IRCC - permanent residence, sponsorship, work and study permits, citizenship, H&C applications, and the federal economic programs Nunavut newcomers use
CBSA - enforcement, immigration detention, and removals from Canada
IRB Refugee Protection Division (RPD) - decides refugee claims
IRB Refugee Appeal Division (RAD) - most appeals from RPD refusals
IRB Immigration Division (ID) - detention reviews and admissibility hearings
IRB Immigration Appeal Division (IAD) - removal-order, sponsorship, and residency appeals
Federal Court of Canada - leave and judicial review of immigration decisions (IRPA s. 72)

Deadlines That Cannot Be Missed

Detention review: CBSA must bring a detainee before the ID within 48 hours, then 7 days, then every 30 days (IRPA s. 57)
Refugee claim eligibility (Bill C-12): barred if made more than 1 year after first entry on/after 24 June 2020
Refugee claim eligibility (Bill C-12): barred if made more than 14 days after crossing the Canada-US land border between ports of entry
IAD appeal of a removal order or refused sponsorship: 30 days from receiving the decision
Federal Court leave and judicial review: 15 days (decision made in Canada) or 60 days (made outside Canada) under IRPA s. 72
PRRA: typically 15 days to submit the application, then 15 more days for written submissions

Where Nunavut Fits In

Nunavut is the only territory, and one of only two jurisdictions with Quebec, that has NO Provincial/Territorial Nominee Program - economic immigrants apply through federal programs directly
The Nunavut Court of Justice does NOT decide immigration status, refugee claims, or removals
There is no IRB office in Nunavut; the territory is in the IRB's Eastern region (Montréal) and hearings are held by video
There is no immigration holding centre in Nunavut; immigration detention and removal are routed through southern Canada
A Nunavut criminal or family court outcome can have immigration consequences, but the immigration decision stays federal

The Bill C-12 Refugee Bars, the 48-Hour Detention Clock, and Nunavut's No-Nominee Reality

Three things shape Nunavut immigration cases before they properly start. First, since 26 March 2026, Bill C-12 can bar a refugee claim from ever reaching a hearing: file more than one year after your first entry to Canada (on or after 24 June 2020), or more than 14 days after crossing the Canada-US land border between ports of entry, and your claim may be ineligible for the Refugee Protection Division. These bars reach back to claims made on or after 3 June 2025. If you are anywhere near either limit, the timing is the emergency, not the paperwork; people barred this way still get a Pre-Removal Risk Assessment, but that is a narrower process. Second, if a loved one is detained by the CBSA, the law gives them a detention review before the Immigration Division within 48 hours, then within 7 days, then every 30 days - and because Nunavut has no holding centre and no IRB office, that review happens by video and the person is usually held in southern Canada. Third, if your question is about moving to Nunavut to work or settle, there is no territorial nominee program to apply to; Nunavut is the only territory without one, so the route is through federal programs like Express Entry. This is information, not legal advice. A free call to the Nunavut Legal Hotline will tell you which clock is ticking on your case.

Likely outcomes & penalties

Immigration outcomes in Canada turn on the specific facts, the deadlines, and which form of relief you qualify for, and no one can promise a result. These are the real consequences and ranges Nunavut residents face under IRPA.

Removal order

A departure order, exclusion order, or deportation order under IRPA. A departure order followed correctly (leaving and confirming departure within 30 days) lets you return more easily; if you don't, it can become a deportation order. An exclusion order usually bars return for 1 year (5 years for misrepresentation). A deportation order bars return permanently unless you get written authorization (an ARC) to come back.

Detention by the CBSA

Immigration detention is not a criminal sentence and has no fixed term. The Immigration Division reviews it within 48 hours, then 7 days, then every 30 days, and may order release, sometimes with a bond or conditions. Because Nunavut has no immigration holding centre, a detained person is usually held in or transferred to southern Canada, and the review is heard by video.

Refugee claim refused / barred

A refused claim can often be appealed to the Refugee Appeal Division, and then to the Federal Court by leave. A claim barred under Bill C-12 (the one-year or 14-day rule) does not get an RPD hearing at all, but the person keeps access to a Pre-Removal Risk Assessment before any removal. Both paths are document-heavy and time-limited, and for Nunavut residents they are conducted by video.

Misrepresentation finding

Being found to have misrepresented a material fact under IRPA s. 40 typically means a 5-year bar on entering Canada and inadmissibility, and it can unravel status already granted. It is one of the most damaging findings in Canadian immigration law, which is why accuracy on every form matters.

Mistakes to avoid

⚠️

Looking for a "Nunavut Nominee Program" that does not exist. Nunavut is the only territory without a Provincial/Territorial Nominee Program, so economic immigrants apply through federal programs like Express Entry directly. Chasing a non-existent territorial stream wastes time and is a common target for misleading "consultant" pitches.

⚠️

Assuming the old refugee rules still apply: since 26 March 2026, Bill C-12 can bar a refugee claim made more than one year after first entry, or more than 14 days after crossing the Canada-US land border between ports of entry. Waiting to "get settled" before claiming can cost the right to a hearing entirely.

⚠️

Treating a departure order like a deportation order, or ignoring it. A departure order followed correctly within 30 days preserves an easier return; left unconfirmed, it can harden into a deportation order that bars return permanently.

⚠️

Missing the 30-day window to appeal to the Immigration Appeal Division, or the 15-day (in-Canada) / 60-day (outside-Canada) deadline for Federal Court leave and judicial review. These deadlines are strict and a late filing is usually simply gone.

⚠️

Putting a wrong or outdated address on file with IRCC, the IRB, or CBSA, then missing a hearing or letter - a real risk when mail and connectivity in Nunavut can be slower. Missing a refugee hearing can lead to your claim being declared abandoned; missing other steps can trigger a removal order without you in the room.

How it works

Call the Nunavut Legal Hotline free, day or night, with no income test and no web form. If a family member was just detained, a refugee deadline is near, or you have a removal order you don't understand, you can get information fast, in plain language. You can ask as many questions as you like, in many languages, because immigration emergencies don't keep office hours and Nunavut has no immigration tribunal office of its own.

You'll talk to an AI assistant trained on Canadian immigration law under IRPA and on the Nunavut landscape. Explain what's happening in plain words. The assistant gives clear legal information: how detention reviews and video hearings work, whether a Bill C-12 bar may apply to a refugee claim, why there is no territorial nominee program and what the federal route looks like, what an Immigration Appeal Division appeal involves, and where the Federal Court deadlines fall. This is legal information, not legal advice, and creates no lawyer-client relationship. Legal Hotline is not a law firm.

You'll be pointed to the right help. For people in Nunavut that can mean the Legal Services Board of Nunavut for general legal help, the Law Society of Nunavut's referral service to find a lawyer, or - for refugee and immigration matters specifically - federally funded and southern legal aid programs that take cases by video, since Nunavut's own legal aid focuses on criminal, family, and civil law. If you want a lawyer of your own, the Law Society of Nunavut can connect you - and a paid lawyer-consultation service through Legal Hotline is coming soon. No pressure, your choice.

Free & low-cost Immigration Law help in Nunavut

Nunavut has very limited local immigration-specific infrastructure - the territory's own legal aid focuses on criminal, family, and civil law, and there is no IRB office here - so refugee and immigration help often comes from federal sources and from organisations that work by phone and video. These are verified, currently-live starting points. A free call to the Nunavut Legal Hotline will help you work out which one fits your situation.

Immigrate to Nunavut - Government of Nunavut

The Government of Nunavut's official immigration page. It explains that Nunavut does not operate its own immigration nomination program, that anyone who has obtained permanent residence through a federal program is welcome to settle in the territory, and what settlement support is available to newcomers. The authoritative starting point for understanding the federal route into Nunavut.

Legal Services Board of Nunavut (Nunavut Legal Aid)

The territory's legal aid plan, providing lawyers to financially eligible Nunavummiut. Its services focus on criminal, family, and civil law rather than immigration, but it is the right first call for general legal help and for finding out where to turn, including its Iqaluit clinic, Maliiganik Tukisiiniakvik. Head office can be reached at 1-866-240-4006.

Law Society of Nunavut - Lawyer Referrals

The regulator of lawyers in Nunavut runs a referral service that lets you search for a lawyer by area of practice and connects members of the public with practitioners, including those handling Nunavut matters from outside the territory. Reach the Law Society at 1-844-979-2330 or [email protected].

Immigration and Refugee Board of Canada (IRB)

The official site of the independent federal tribunal that decides refugee claims and appeals and reviews detention. It explains each division (RPD, RAD, ID, IAD), the steps in a refugee claim, forms, deadlines, and how virtual hearings work - the authoritative source on the process itself, which is how Nunavut cases are heard given there is no local office.

Settle in Canada: Nunavut - Government of Canada

The federal settlement page for Nunavut, with information on free settlement services available to newcomers in the territory, finding housing and work, and connecting with immigrant-serving help. A useful orientation for permanent residents arriving in Nunavut through a federal program.

JusticeNet

A national not-for-profit that helps people whose income is too high for legal aid but too low for standard fees. Lawyers on its roster offer reduced rates on a sliding scale based on income and household size, including for immigration matters, with phone and video consultations available - well suited to Nunavut, where most immigration work is done remotely.

FAQ — Immigration Law in Nunavut

Does Nunavut have its own immigration or nominee program?

No. Nunavut is the only territory in Canada, and one of only two jurisdictions alongside Quebec, that does NOT operate a Provincial or Territorial Nominee Program. There is no "Nunavut Nominee Program." If you want to immigrate to Nunavut as a skilled worker, you apply through federal programs directly - Express Entry (Federal Skilled Worker, Federal Skilled Trades, Canadian Experience Class), family sponsorship, or a pilot such as the Rural and Northern Immigration Pilot where a participating community takes part. Anyone who becomes a permanent resident through a federal program is welcome to settle in Nunavut. The Nunavut Legal Hotline is live now and gives free information on the federal route.

CBSA just detained my family member. How does a detention review work, and where is it held for Nunavut?

Immigration detention has no fixed term and is not a criminal sentence. The CBSA must bring the detained person before the Immigration Division of the IRB within 48 hours for a review of the reasons for detention; if detention continues, the next review is within 7 days, then every 30 days after that. Because Nunavut has no immigration holding centre and no IRB office, a person detained on an immigration matter is usually held in or moved to southern Canada, and the detention review is heard by video. Write down their full name, date of birth, country of birth, and any document numbers, and find out where they are being held. The Nunavut Legal Hotline is live now and gives free information on what the first 48 hours look like.

How long do I have to make a refugee claim in Canada after the 2026 changes?

Since Bill C-12 received royal assent on 26 March 2026, two new bars apply. A claim can be ineligible for a Refugee Protection Division hearing if it is made more than one year after your first entry into Canada on or after 24 June 2020, or more than 14 days after crossing the Canada-US land border between official ports of entry. These bars apply to claims made on or after 3 June 2025. People barred this way still get a Pre-Removal Risk Assessment, and unaccompanied minors are exempt. If you are near either limit, the timing is urgent. The Nunavut Legal Hotline is live now and will help you understand where you stand.

There is no IRB office in Nunavut - how would my refugee or immigration hearing happen?

Nunavut falls within the IRB's Eastern region, which is administered out of Montréal, and there is no IRB office in the territory. Hearings for people in Nunavut are held by video: the Immigration and Refugee Board schedules virtual hearings by default, and you can take part using your own equipment from a private space. This applies to refugee claims, detention reviews, and appeals alike. It means you do not have to travel south for a hearing, but it also means a reliable connection and a quiet, private location matter. The Nunavut Legal Hotline is live now and will help you understand how a video hearing works.

Which court handles my deportation case in Nunavut?

None of Nunavut's courts do. Immigration is federal, so removal, refugee, and detention matters are decided by the Immigration and Refugee Board (IRB), not the Nunavut Court of Justice. Refugee claims go to the Refugee Protection Division, most refugee appeals to the Refugee Appeal Division, detention and admissibility to the Immigration Division, and certain removal and sponsorship appeals to the Immigration Appeal Division. The only further step is an application for leave and judicial review in the Federal Court of Canada. For people in Nunavut, all of this is conducted by video because there is no IRB office in the territory.

I got a removal order. Can I appeal it, and how long do I have?

It depends on the type of order and your status. Many removal orders and refused family sponsorships can be appealed to the Immigration Appeal Division (IAD), and that appeal must reach the Division within 30 days of receiving the decision. If the IAD route is not available, or after it, the next step is an application for leave and judicial review in the Federal Court under IRPA section 72, due in 15 days for a decision made in Canada or 60 days for one made outside Canada. These deadlines are strict. The Nunavut Legal Hotline is live now and will help you understand which path applies.

What is the difference between a departure order, an exclusion order, and a deportation order?

All three are removal orders under IRPA, but the consequences differ. A departure order requires you to leave and confirm your departure (usually within 30 days); done correctly, returning later is easier, but if you don't comply it can become a deportation order. An exclusion order usually bars you from returning for one year, or five years if it was for misrepresentation. A deportation order bars return permanently unless you obtain written Authorization to Return to Canada. Knowing which one you have changes everything about your options.

Is there free immigration and refugee legal help for people in Nunavut?

Nunavut's own legal aid - the Legal Services Board of Nunavut - focuses on criminal, family, and civil law rather than immigration, so refugee and immigration help often comes from federal sources and from organisations that work by phone and video. The Law Society of Nunavut runs a referral service to help you find a lawyer (1-844-979-2330), and JusticeNet offers reduced sliding-scale fees for those whose income is too high for legal aid. The Government of Nunavut and the IRB sites explain the federal route and the hearing process. The Nunavut Legal Hotline is live now and will help you work out which fits.

My work permit is expiring. What should I do?

Work permits are issued by IRCC under IRPA, and the safest move is to apply to extend or change your status before the current permit expires. If you apply to extend before expiry, you generally keep "maintained status" (formerly implied status) and can usually keep working under the same conditions while IRCC processes the application. Letting a permit lapse without applying can cost your authorization to work and complicate your status. This is the same federal process everywhere in Canada, including Nunavut. The Nunavut Legal Hotline is live now and will help you understand your options.

Can the Safe Third Country Agreement stop my claim at the border?

Often, yes. Under the Canada-US Safe Third Country Agreement, most people who try to claim refugee protection at the Canada-US land border after coming from the United States are turned back to make their claim there, with limited exceptions (such as certain family members in Canada or unaccompanied minors). Bill C-12's new 14-day land-border bar adds a further limit for those who do enter. These border rules are technical, and a small detail can decide eligibility. The Nunavut Legal Hotline is live now and will help you understand whether an exception might apply.

Will a criminal charge in Nunavut affect my immigration status?

It can. A criminal conviction in the Nunavut Court of Justice can make a permanent resident or foreign national inadmissible to Canada under IRPA section 36 for "criminality" or "serious criminality," which can lead to a removal order and, for serious cases, loss of the right to appeal. The criminal case is decided in Nunavut's court, but the immigration consequences are federal and separate. If you are not a citizen and face criminal charges, the immigration angle matters from the very first appearance. The Nunavut Legal Hotline is live now and will help you understand the overlap.

I think an officer made a mistake on my application. Can I challenge it?

Possibly. Many IRCC and IRB decisions can be challenged by an application for leave and judicial review in the Federal Court of Canada under IRPA section 72. You first need the Court's permission ("leave") before a full hearing, and the deadline is strict: 15 days for a decision made inside Canada and 60 days for a decision made outside Canada from when you were notified. The Court reviews whether the decision was reasonable and fair, not whether it would decide differently. Because the window is short, act quickly. The Nunavut Legal Hotline is live now and will help you understand the process.

Are you an immigration or refugee lawyer who serves Nunavut? Join our network.

We're building a network of licensed practitioners who can take refugee claims, detention reviews, removal and sponsorship appeals, Federal Court judicial reviews, work and study permit problems, and humanitarian and compassionate applications for anxious, time-pressured callers in Iqaluit and across Nunavut's communities. Because Nunavut has no IRB office and most immigration work is done by video, much of this can be handled remotely. If you are a lawyer who serves Nunavut clients on immigration and refugee matters - whether based in the territory or working with Nunavummiut from elsewhere in Canada, especially in additional languages - we'd like to add you to the practitioners we'll match callers with as we build our Nunavut network ahead of launching paid consultations. Express your interest and we'll be in touch.

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Last updated: 10 June 2026. Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy against current Canadian federal and provincial law. Spotted something out of date? Tell us at [email protected].

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