classes. However, if accepted through one of the economic classes, the foreign national will
obtain either permanent resident status, or temporary resident status that may allow them to
apply for permanent residence after a specific period of time.519
In the economic classes an applicant would need to meet specific criteria. Depending on the
program, such criteria can include the use of a point system. The point system determines the
person’s eligibility based on points awarded for the applicant’s language skills, education, work
experience, adaptability, arranged employment, and age, among other criteria.520 Realistically,
since stateless persons typically live on the socio-economic margins of society, the economic
classes may not be a reasonable option for acquiring permanent resident status.
Non-Economic Classes
Family Class
For family class applications, a stateless applicant would need to be sponsored by a family
member who is at least 18 years of age, is a Canadian citizen or a permanent resident of Canada,
and is the subject of a sponsorship agreement.521 Family classes include sponsoring of children,
parents, grandparents, spouses or common-law partners, and adoption.522 Stateless persons have
the same opportunity as other foreign nationals to apply to come to Canada through noneconomic classes. The eligibility for such programs is not contingent on whether the foreign
national applying is stateless, nor is statelessness a factor that would favour a positive
application. If accepted through one of the family class programs, a stateless person could obtain
either permanent resident status upon arriving in Canada, or temporary resident status that may
allow them to apply for permanent residence after a specific period of time.523
Convention Refugees & Persons in Need of Protection
Stateless persons in Canada can make a refugee claim or a claim as a person in need of
protection and have the claim determined by the IRB. If recognized as a Convention refugee or a
person in need of protection, the person may apply for permanent residence upon obtaining a
positive decision.524 In such cases, the stateless person would receive the benefit of the more
favourable provisions of the 1951 Refugee Convention, rather than any potential benefit from the
IRPR, supra note 21 at ss. 70(1) & 70(2)(b), 71.1, 72(1)(a)-(e) & 72(2)(a).
See ibid., at Part 6. Some of these programs only have a limited number of visas available each year.
521
IRPA, supra note 20 at ss. 13; IRPR, supra note 21 at 130(1). Additional conditions would apply, such as the
ability of the sponsor to support the foreign national coming to Canada for a specific period of time, as well the
foreign national or stateless person cannot be inadmissible to Canada.
522
IRPR, ibid., at ss. 116-117, 123-124
523
Ibid., at ss. 70(1) & 70(2)(a), 71.1, 72(1) & 72(2)(b).
524
IRPA, supra note 20 at s. 21(2), and Citizenship and Immigration Canada, “Applying for permanent residence
from within Canada: Protected persons and convention refugees (IMM 5205)” (16 September 2014), available at:
http://tinyurl.com/p47c6y7. However, if the person is a “designated foreign national” they cannot apply for five
years pursuant to 20.2(1) of IRPA.
519
520
108
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