Immigrating to Canada: A Guide for Immigrants and Refugees Living on Prince Edward Island

Written By Rhyanne Beatty

This guide answers common questions about Canadian immigration law, criminal law, healthcare, family law, sponsorship, and employment. It is for immigrants and refugees living on Prince Edward Island, Canada.

The information in this guide is not legal advice and does not replace guidance from a lawyer.

 

check This information applies to Prince Edward Island, Canada

check Reviewed for legal accuracy in October 2023

check Available for download in English, French, Spanish, Vietnamese, Simplified Chinese, Punjabi, and Arabic.

 

Immigration Basics

  • A temporary resident is a person who has permission to stay in Canada for a limited time. A temporary resident includes someone who holds a visitor visa, Electronic Travel Authorization (ETA), Temporary Resident Permit (TRP), study permit, or work permit.

    A permanent resident is a person who is allowed to live in Canada for as long as they like.

    A permanent resident has the same rights as a citizen except the right to vote or run for office.

    A permanent resident may lose their status if:

    • They stay outside of Canada for too long. To keep their status, a permanent resident must have been in Canada for at least 730 days of the last five years at any given time.

    • They are found guilty of certain crimes. For example, violent crimes and impaired driving.

    Information about permanent resident status and requirements is available on the Government of Canada's website.

    A refugee claimant is a person who has asked Canada for protection and is waiting for the decision. A refugee claimant is also called an asylum seeker.

    A protected person is a person who is granted Canada’s protection. For example, an accepted refugee.

    A person without status is a person who is not authorized to stay in Canada. If you are a person without status, you may be detained and removed from Canada.

  • You must meet eligibility requirements, pass a citizenship test, and prove your English or French language skills.

    Information about how to apply for Canadian citizenship is available on the Government of Canada's website.

  • You can find information about immigrating to PEI from the PEI Office of Immigration. Some of the PEI immigration streams are mentioned below.

    Atlantic Immigration Program (AIP)

    The Atlantic Immigration Program (AIP) is a pathway for skilled workers and international graduates from a recognized post-secondary institution in Atlantic Canada who want to live and work in New Brunswick, Nova Scotia, Prince Edward Island, or Newfoundland and Labrador.

    Information about the AIP is available on the PEI Government's website.

    PEI’s Provincial Nominee Program (PNP)

    There are three PNP streams to immigrate to PEI. They are:

    1. Prince Edward Island Express Entry

    • Federal Skilled Worker

    • Federal Skilled Trades

    • Canadian Experience Class

    2. Prince Edward Island Labour Impact

    • Critical Worker

    • Intermediate Experience

    • Occupations in Demand

    • Skilled Worker

    • International Graduate

    3. Prince Edward Island Business Impact

    • PEI Work Permit

    Each stream has a different application process and eligibility criteria.

    Information about PEI’s immigration streams is available on the PEI Government's website.

 

Removal Orders

  • A removal order is a notice that you are legally required to leave Canada. The Immigration and Refugee Board (IRB) or the Canadian Border Services Agency (CBSA) may issue a removal order for many reasons, including criminal offences, violations of immigration laws or regulations, etc. If you don’t follow a removal order, you could be deported.

    There are three types of removal orders:

    • Departure order

    • Exclusion order

    • Deportation order

    Detailed information about removal orders is available on the Canadian Border Services Agency's website.

  • Yes, in most cases.

    Removal orders are usually time sensitive. If you get a removal order, talk to a lawyer as soon as possible to learn about your options.

    After you appeal a removal order:

    • The removal order may be cancelled, and you may be allowed to stay in Canada.

    • Your appeal may be dismissed, and you may have to leave.

    • You may get a stay of removal. A stay of removal means the removal order is suspended for a certain period of time. You must follow certain conditions during this time.

    You may not be allowed to appeal a removal order if you were convicted of a serious crime. A serious crime is a crime that is considered severe under the Immigration and Refugee Protection Act. Violent crimes and impaired driving are examples of serious crimes.

    Impaired driving means driving while your ability to do so has been affected by drugs, alcohol, or both.

  • It depends. In some cases, you may have the right to make a refugee claim while in Canada.

    Get legal advice before making a refugee claim. Advice from a lawyer can help you understand:

    Making a refugee claim can impact other immigration programs you may be eligible for.

    If you are an international student or worker in Canada and make a refugee claim, it could impact your ability to work and/or study. It is always important to seek guidance from a professional first, especially in this situation.

    A lawyer can help you prepare for your refugee hearing and represent you during the hearing. They can help you understand the consequences if your claim is refused.

    Information about eligibility for refugee status is available on the Government of Canada's website.

 

Criminal Law

  • If you are charged with a crime, the police will investigate and look for evidence to prove that you are guilty of the crime or not. Most immigration processes are suspended during this time. Get legal advice as soon as possible.

    If you are convicted of a crime, you may get a removal order. It depends on the type of crime and your immigration status.

  • Get legal advice as soon as possible.

    In some cases, you may be able to appeal the removal order. In other cases, there may be other options to stay in Canada. Your options depend on many factors, including your immigration status and the type of crime.

  • In most cases, reporting a crime will not impact your immigration process. If you’re experiencing family violence or abuse, there are special rules to help you.

    You can apply for a Temporary Resident Permit (TRP) based on these rules if all of the following are true:

    • You have applied or want to apply for status in Canada.

    • You are being abused by your spouse, or you've been depending on your relationship with your spouse for your application to be successful.

    This is a process meant to protect family violence victims who are in situations where their immigration status depends on them staying in an abusive relationship.

    Get legal advice to find out if you're eligible and if you should apply for a Temporary Resident Permit.

    If you are the victim of a crime, you may choose to report the crime to the police. You can report a crime by contacting your local police or RCMP office. If you are in an emergency, call 911.

    You may also contact Victim Services.

 

Detention

  • Immigration detention is when a person is held by authorities for immigration reasons. You may be detained when you haven’t committed a crime. If you are detained, you will be held in an immigration holding center or a provincial detention facility.

    You may be detained if:

    • You are charged with a crime and officials think you will try to run away.

    • You are found guilty of a crime.

    • You did not comply with immigration requirements, including attending all immigration processes.

    • Your identity is questioned.

    • You have links to organized crime or human trafficking.

    • You are considered a danger to the public for any reason.

  • Get advice from a lawyer immediately. Make sure you understand your legal rights and options.

 

Healthcare

  • You may access PEI’s Provincial Healthcare System if:

    • You have proof of legal status in Canada and plan to stay in PEI for at least six months.

    • You are an international student, enrolled full-time at your designated learning institution, and legally able to work off-campus, as shown on your study permit.

    To access the PEI Provincial Healthcare System, you must apply for a PEI Health Card. You can apply for a PEI Health Card as soon as you get to PEI. To apply for a Health Card as a temporary resident, you must show proof of legal status in Canada and proof of intent to stay in PEI for at least six months.

    Proof of legal status may include your:

    • Permanent Resident Card

    • Study Permit

    • Work Permit

    Proof of intent to stay in PEI for at least six months may include:

    • An employment contract

    • A signed rental agreement

    • Proof of enrollment in school

    Once you have a PEI Health Card, you are entitled to all services covered by Health PEI, including:

    • Walk-in clinics

    • Family doctor visits

    • All medically necessary hospital services

    • Other basic healthcare services

    If you have children and/or a spouse, you can include them in your Health Card application. While Canada is known to provide free healthcare, it is only free to those who have a provincial health card. Without a health card, accessing health services can be expensive. If you have health insurance, make sure that you are familiar with your coverage, what it includes, and how to access it.

    More information is available on the PEI Government's website.

  • You must apply for a new health card before the old one expires. There may be consequences if you try to access health services without a valid health card or insurance coverage. More information is available on the PEI Government's website.

  • You can apply for private health insurance when you have a PEI Health Card. Private health insurance covers more than the basic services covered by Health PEI.

    Some PEI employers provide private health insurance to their employees.

    Educational institutions provide additional health insurance to students. If you are an international student, your educational institution may require you to have additional health insurance. Fees for additional health insurance are often part of student fees.

    Health insurance for international students often provides extended health coverage for services that the PEI Health Card provides for free. Once you have received a PEI health card, you can choose to opt out of extended health coverage, if eligible, which may save you money. Your institution may require that you continue to have some insurance coverage for some health services that the PEI Health Card does not cover.

    You must still apply for a PEI Health Card if you are a student.

  • It depends on your immigration status. If you are a permanent resident, your use of provincial healthcare is not limited. If you have a work permit or a study permit, you may need to be more careful. You should be especially careful if you are between statuses. For example, when you are waiting for status approval.

    Anyone can access health care services and should access them, as required. For those in Canada with temporary status, it's important to know that Immigration, Refugees and Citizenship Canada (IRCC) reviews immigration applications for medical inadmissibility.

    Medical inadmissibility means that if someone is found to be a danger to public health, public safety, or is overusing health or social supports to a level that impacts others, it could affect their immigration.

    If found to be medically inadmissible to Canada, you could have your application refused or face deportation. If you are concerned about your medical admissibility, get legal advice as soon as possible.

    No matter what your status is, it is important to make sure you have a valid health card if you are eligible. There may be consequences if you try to access health services without a valid health card. If you do not have a valid PEI Health Card, you will be billed for hospital and physician services, which can be expensive.

  • There are situations where you may receive medical care without your consent. For example, if you:

    • Are unconscious and someone calls an ambulance.

    • Have a mental health crisis and the police bring you to the hospital without your consent.

    If the police bring you to the hospital without your consent for a mental health crisis, the hospital can conduct a psychiatric assessment.

    The police must inform you about:

    • Where you are being detained,

    • The reason for your detention, and

    • Your rights. This includes your right to see a lawyer and get legal advice.

    If police bring you to the hospital without your consent, they mark it as an arrest. There will be a police record listing the details of your arrest.

    If you have been arrested, talk to a lawyer when you plan to do an immigration application.

 

Family Law

  • Family violence is any violence by one family member against another.

    Family violence can include:

    • Hitting, punching, scratching, biting.

    • Threatening injury or property damage.

    • Forcing someone to stay in a room.

    • Sexual activity without consent.

    • Emotional abuse.

    • Depriving food, clothing, medical attention, shelter, transportation, or other necessities of life.

    Anyone of any gender or age can be a victim of family violence. Intimate partner violence is violence or abuse in a romantic relationship. Intimate partner violence is a type of family violence.

    If you are experiencing family violence, you may want to contact Family Violence Prevention Services.

  • Yes. Immigrants have the right to use Canadian courts to deal with family law issues. You can still apply for spousal support if you separate from your spouse during your immigration process.

  • Yes, you can get divorced on PEI if:

    • Your marriage is valid on PEI, and

    • You or your spouse have lived on PEI for at least 12 months (one year).

    If you married in another country, that country may not recognize your Canadian divorce.

  • Yes. Your divorce is valid on PEI if you or your spouse lived in that country or province for one year or more before you divorced.

    More information about separation and divorce is in CLI's publication Family Law Essentials.

 

Sponsorship

  • A sponsor is a person responsible for supporting you during part of your immigration process.

    If you are a permanent resident, Immigration, Refugees and Citizenship Canada (IRCC) will not take any action against you if your sponsor fails to support you. You will not be deported. Talk to an immigration lawyer for legal advice.

  • Your spouse, partner, or sponsor cannot make you leave Canada. Only Canadian immigration officials can order you to leave the country. This can only happen after an immigration hearing takes place. You will not get a removal order just because your sponsor wants you to leave.

    Get legal advice if your sponsor is threatening you.

  • If your spouse is your sponsor, you still have the right to end your relationship.

    If you are a permanent resident, immigration officials will not ask you to leave Canada if you separate from your spouse. The only exception is if immigration officials think the marriage was not genuine. This usually means that immigration officials think you got married only for immigration reasons.

    Your sponsor was required to sign a sponsorship undertaking. This means that your sponsor must continue to support you for three years. Separation or divorce does not change this commitment.

  • Your immigration status is separate from a sponsor’s deportation. Make sure you stay up to date with your immigration steps.

  • Get advice from an immigration lawyer about how a change in your marital status may affect your right to stay in Canada.

 

Employment

  • An open work permit allows you to work for any employer and in any position for a specified period.

    A closed work permit allows you to only work for one employer in one position for a specified period. To apply for a closed work permit, you must already have an offer of employment from an employer in Canada.

  • No, it is illegal for your employer to take your passport or other identity documents from you.

  • No, your employer cannot deport you. Threats or intimidation from your employer are abuse.

    File a complaint with Employment Standards, PEI Office of Immigration and/or use the Reporting Abuse Tool by Employment and Social Development Canada if your employer threatens you with deportation. Contact Employment Standards for more information or to file a complaint.

    This could also be grounds for a human rights complaint. Contact the PEI Human Rights Commission for more information or to file a complaint.

  • Your employer is not allowed to fire you because you:

    • Complained about health and safety violations.

    • Refused to do unsafe work.

    • Reported them to Employment Standards.

    If you were fired for these reasons, file a complaint with Employment Standards.

    Options and supports may be available in other situations too. For more information, call the free Temporary Foreign Workers Association Hotline.

  • The Cooper Institute provides guides that explain key issues that affect migrant workers. The guides are available in English, Spanish, and Simplified Chinese.

  • Workplace sexual harassment is unwanted sexual comments or behaviour at work or at work-related functions.

    For example:

    • Requests to perform sexual acts in exchange for a benefit or reward.

    • Instruction to wear sexy clothing.

    • Unwanted sexual jokes or comments.

    • Unwanted attention about your body or appearance.

    • Discussions about your sexuality, sex life, or relationships without your permission.

    • Exclusion or poor treatment because of your sex, gender, or sexuality.

    • Unwanted sexual advances. For example, sexual gestures or being asked out repeatedly.

    • Unwanted physical contact. For example, someone rubbing your shoulders.

    • Sexual content shared with you without consent. For example, pornography.

  • RISE offers free legal support for victims of sexual or intimate partner violence, and workplace sexual harassment.

    You can get:

    • Up to four hours of free legal advice from a lawyer.

    • Plain language legal information.

    • Support navigating the justice system.

    • Referrals to other community services.

    For more information, read the RISE Program’s publication Addressing Workplace Sexual Harassment: A Guide for Employees or contact the RISE Program.

  • If you are accused of workplace sexual harassment:

    • Learn about the impacts of workplace sexual harassment.

    • Review your employer’s process for resolving workplace sexual harassment.

    Workplace sexual harassment is not always a crime. Sometimes, the workplace resolves workplace sexual harassment. In some cases, the person you harmed may decide to take you to court for a civil trial. This means they are seeking money to compensate for the harm you caused.

    Sometimes workplace sexual harassment is a crime. When a person reports a crime, police investigate. This starts a criminal process. You have the right to legal representation for a civil or criminal process. You may also be eligible for support services.

    Legal Aid provides free legal advice and representation to youth and adults who live on a low income. Call Legal Aid to see if you are eligible.

    We offer free legal support for people who are racialized, living on PEI, and dealing with criminal, family, or immigration matters.

    Community Legal Information provides free legal information and a lawyer referral service.

Rhyanne Beatty