Who can move Canada? An overview of the new immigration law.As of June 28, 2002, Canadians have been governed by new immigration laws immigration laws npl → leyes fpl de inmigración immigration laws npl → lois fpl sur l'immigration immigration laws npl . On that date, the Immigration and Refugee Protection Act Immigration and Refugee Protection Act (IRPA) is an Act of the Parliament of Canada, passed in 2001 as Bill C-11, which replaced the Immigration Act of 1976 as the primary federal legislation regulating Immigration to Canada. (IRPA IRPA International Radiation Protection Association IRPA Immigration and Refugee Protection Act (Canada) IRPA Intensification of Research in Priority Areas IRPA International Rugby Players Association ) and its regulations came into effect. This article will examine immigration law This article or section contains information about scheduled or expected future events. It may contain tentative information; the content may change as the event approaches and more information becomes available. and attempt to summarize sum·ma·rize intr. & tr.v. sum·ma·rized, sum·ma·riz·ing, sum·ma·riz·es To make a summary or make a summary of. sum some of the major immigration immigration, entrance of a person (an alien) into a new country for the purpose of establishing permanent residence. Motives for immigration, like those for migration generally, are often economic, although religious or political factors may be very important. provisions. It will try to answer the following questions: Who can enter Canada? How? Under what conditions? Who cannot enter Canada? Why not? How is the new IRPA different from the prior immigration laws? What are the major changes to the law? Framework Legislation The IRPA works as framework legislation. This means that the Act contains the frame or outline of the law, while the substance and details of the law are found in the regulations to the Act. Thus, to understand immigration law, a person must read both the Act and the regulations cohesively. Temporary Entry Into Canada A non-Canadian, known as a "foreign national" may enter Canada either for a permanent stay, or for a temporary stay. Permanent Entry into Canada When a person seeks to stay permanently in Canada, that person applies for landing or permanent resident status. There are several means of receiving permanent resident status: Family Class Members: The IRPA maintains the principle of the earlier law on family reunification Family reunification is a recognized reason for immigration in many countries. The presence of one or more family members in a certain country, therefore, enables the rest of the family to immigrate to that country as well. . In other words Adv. 1. in other words - otherwise stated; "in other words, we are broke" put differently , one of the goals of the IRPA is to reunite re·u·nite tr. & intr.v. re·u·nit·ed, re·u·nit·ing, re·u·nites To bring or come together again. reunite Verb [-niting, -nited family members who are apart. However, not all family members fall within the family class. Generally, a Canadian citizen or permanent resident may sponsor his spouse, common-law partner, child, or parent to become a permanent resident of Canada. The Canadian sponsor must complete an application agreeing to support that family member for a period of time after entry into Canada. Aunts, uncles, nephews, nieces and non-dependent siblings siblings npl (formal) → frères et sœurs mpl (de mêmes parents) are not family class members and cannot be sponsored under this category. Fiance The IRPA has abolished the prior "fiance" category. Under the old law, a Canadian was able to sponsor his fiance to enter Canada upon the condition that the couple marry within 90 days of coming to Canada. Common-Law/Conjugal Partner Although the fiance category was abolished, new larger and broader categories have been legislated. Under IRPA, Canadian citizens and permanent residents may sponsor not only spouses, but also common law partners and conjugal Pertaining or relating to marriage; suitable or applicable to married people. Conjugal rights are those that are considered to be part and parcel of the state of matrimony, such as love, sex, companionship, and support. partners, regardless of sex. Thus, homosexual common law partners are also eligible for sponsorship. Under the old law, such categories did not exist. The Supreme Court Canada ruled, in a number of cases, that common law couples and homosexuals had equality rights with others. To facilitate fairness, under the old law, homosexual partners were processed under a broader humanitarian and compassionate policy. Now, immigration law is clear. Homosexual couples and common law couples have the same rights as married couples. In order to sponsor a common law partner, couples must have co-habited together for at least one year in a conjugal relationship. The IRPA also provides for sponsoring "conjugal partners" who have been in a conjugal relationship for at least one year. While the term "conjugal" is not further defined in the Act, the immigration manuals set out the following characteristics of a "conjugal couple": mutual commitment to a shared life; exclusive relationship; sexually exclusive relationship; interdependency in·ter·de·pen·dent adj. Mutually dependent: "Today, the mission of one institution can be accomplished only by recognizing that it lives in an interdependent world with conflicts and overlapping interests" (physical, emotional, financial and social); permanency per·ma·nen·cy n. Permanence: tourists who were in awe of the permanency of the great pyramids of Egypt. Noun 1. of relationship; public acknowledgment acknowledgment, in law, formal declaration or admission by a person who executed an instrument (e.g., a will or a deed) that the instrument is his. The acknowledgment is made before a court, a notary public, or any other authorized person. of relationship; partnership; joint child care; length of relationship; time expended ex·pend tr.v. ex·pend·ed, ex·pend·ing, ex·pends 1. To lay out; spend: expending tax revenues on government operations. See Synonyms at spend. 2. together; reasons for lack of physical cohabitation A living arrangement in which an unmarried couple lives together in a long-term relationship that resembles a marriage. Couples cohabit, rather than marry, for a variety of reasons. They may want to test their compatibility before they commit to a legal union. ; evidence of long distant relationship; evidence of efforts to live in the same country. Thus, a homosexual couple meeting these criteria residing apart are eligible for reunification re·u·ni·fy tr.v. re·u·ni·fied, re·u·ni·fy·ing, re·u·ni·fies To cause (a group, party, state, or sect) to become unified again after being divided. . Dependent Children & Adoptions: Generally, Canadians may sponsor their children provided that they are under the age of 22 years, or if over the age of 22 years have been continuously enrolled in school on a fulltime basis and are financially dependent upon their parents. In certain cases, children with mental and physical difficulties preventing them from becoming self-sufficient may qualify them as dependent children. In some cases, Canadians may adopt children in other countries. Once adopted, a child can qualify as a "dependent child" and as a member of the family class. To prevent the buying and selling of children, countries that are signatories to the Hague Convention The longtime status of Netherlands as a largely neutral nation in international conflicts and the corresponding ascendance of The Hague as a primary location for diplomatic and international conferences has led to several negotiated conventions over the years being termed the prohibit private adoptions. In other words, the Child Welfare Departments of both countries will become involved to ensure the best interests of the children. Undertakings to Support Family Members Coming to Canada Immigrants are expected not to use social assistance and other social benefits once they come to Canada. Thus, sponsors are required to sign written agreements that they will provide for the basic requirements of sponsored persons and their accompanying dependents. These agreements are called undertakings of assistance. Sponsors confirm that they are financially able to provide for basic needs and sponsored persons confirm that they will make every reasonable effort to provide for their basic requirements. These agreements require sponsors to care for sponsored parties for specified numbers of years. Under the old law, all undertakings were for a ten-year period. Under the new IRPA, sponsors must agree to support spouses, common-law and conjugal partners for three years. For others, sponsors will have to continue to support them for a duration of up to ten years. In order to be capable of supporting their family members, sponsors must demonstrate that they meet specified minimum financial income levels (low income cut-off cut-off Anesthesiology The point at which elongation of the carbon chain of the 1-alkanol family of anesthetics results in a precipitous drop in the anesthetic potential of these agents–eg, at > 12 carbons in length, there is little anesthetic activity, figures in some cases: i.e. "LICO LICO Low-Income Cut-Off LICO Love in Chi Omega (sorority) " figures that come from information developed by Statistics Canada about minimum income for various family sizes in different size municipalities). Skilled Workers Canada seeks immigrants who have specific language, educational, and job skills. Their abilities and experiences are assessed using a point system. Under the new Act, a score of 67 points is required to be eligible for landing. Under the former Act, an entirely different classification system was being used in which successful applicants had to receive a score of 70 points. Under the new law, points are assessed for a number of factors being education, language skills, employment experience, age, and adaptability. Education In the category of Education, 25 points are awarded to an applicant with higher level education, i.e. Masters or Ph.D. degree and at least 17 years of education. Points decrease with less educational attainment Educational attainment is a term commonly used by statisticans to refer to the highest degree of education an individual has completed.[1] The US Census Bureau Glossary defines educational attainment as "the highest level of education completed in terms of the : e.g. an applicant with two or more university degrees at the bachelor's level and at least 15 years of fulltime study receives 22 points; with a two year university degree and at least 14 years of completed full-time study receives 20 points; with a one year university degree and at least 13 years of full-time study receives 15 points. Trade and non-university certificate diplomas are recognized as well; i.e., an applicant with a three year diploma, trade certificate or apprenticeship (referring to a non-university post-secondary credential) and at least 15 years of full-time study receives 22 points. Points decrease from there. At the lowest end of the scale, an applicant with a high school diploma A high school diploma is a diploma awarded for the completion of high school. In the United States and Canada, it is considered the minimum education required for government jobs and higher education. An equivalent is the GED. receives 5 points. Proficiency In English and French In this category of knowledge of each of the two official languages of Canada There are a multitude of languages spoken in Canada, but only English, French and certain aboriginal languages have official status. The Constitution of Canada itself recognizes two official languages, English and French, and all constitutional acts since 1982 have , 24 points are awarded in total. Under the new regime, independent language testing is required to determine an applicant's language ability. While an applicant may choose to provide other evidence in writing of her proficiency, this may not be sufficient. In essence, visa officers no longer assess language skills. Points are awarded based on the combination of the applicant's ability to speak, to listen, to read, and to write with highest points of 4 per ability at high proficiency in one official language and 2 points per ability for the second official language. For moderate ability, 2 points for each skill are attributed for both languages, and for basic ability, 1 point is awarded per ability. Thus, the bulk of the points are awarded for high proficiency in both English and French. Employment Experience Up to a maximum of 21 points are awarded for experience in an occupation listed in certain skill type occupations of the National Occupational Classification (NOC (Network Operations Center) A central or regional location for monitoring a large network. Also called a "network management center" (NMC), "service management center" (SMC) or "network control center" (NCC), a NOC may be used to manage a large enterprise network, ). A vast array of occupations are contained in the NOC ranging from aerospace engineers to bakers to cabinetmakers and dancers. An applicant with 1 year of experience in one of the listed occupations receives 15 points; with 2 years of experience receives 17 points; with 3 years of experience receives 19 points and with 4 years of experience receives 21 points. Thus we can see that it is possible to earn up to 70 points in the education, language and job experience categories. The balance of the points can be obtained from the remaining categories: Age/Arranged Employment/Adaptability Applicants are assessed on the basis of age. Those between the ages of 21 years and 49 years of age receive 10 points. Two points are deducted de·duct v. de·duct·ed, de·duct·ing, de·ducts v.tr. 1. To take away (a quantity) from another; subtract. 2. To derive by deduction; deduce. v.intr. for every year over and under these ages. In the Arranged Employment in Canada category, 10 points are awarded to a person with a validated job offer to work in Canada. In terms of Adaptability, 10 points are awarded for a spouse or common law partner's level of education, work or study in Canada and family relationships with Canadians. Thus, the total available points are 100 from which a minimum score of 67 points is required to be eligible for landing. The objective of the scheme is to determine if applicants can become economically established in Canada. It is important to remind applicants that the government of Canada The Government of Canada is the federal government of Canada. The powers and structure of the federal government are set out in the Constitution of Canada. In modern Canadian use, the term "government" (or "federal government") refers broadly to the cabinet of the day and does not assure applicants that they will become economically established in Canada if they are approved. Rather, the applicant must establish their potential for economic stability to the immigration office. Thus, there may be many individuals who qualify under the point system for landing, but who discover upon immigrating to Canada that they cannot secure work in their field of education and experience. Provincial Nominee Programs Individual provinces may nominate nom·i·nate tr.v. nom·i·nat·ed, nom·i·nat·ing, nom·i·nates 1. To propose by name as a candidate, especially for election. 2. To designate or appoint to an office, responsibility, or honor. skilled workers as potentially valuable immigrants and may nominate them as provincial nominees for immigration. Such nomination will assist to expedite ex·pe·dite tr.v. ex·pe·dit·ed, ex·pe·dit·ing, ex·pe·dites 1. To speed up the progress of; accelerate. 2. their landing. The provincial programs operate in conjunction with the federal immigration program. The provincial program focuses on occupations designated as critical to the provincial economy. Workers with the appropriate education, training, and experience, and valid job offers from approved employers are considered for nomination. In Alberta, an employer's application under this program is considered where a full-time position cannot be filled by a Canadian resident; meets provincial employment and wage standards; is offered to an individual who meets the required qualifications; and does not conflict with existing collective bargaining agreements The contractual agreement between an employer and a Labor Union that governs wages, hours, and working conditions for employees and which can be enforced against both the employer and the union for failure to comply with its terms. . In addition in Alberta, temporary foreign workers foreign workers Those who work in a foreign country without initially intending to settle there and without the benefits of citizenship in the host country. Some are recruited to supplement the workforce of a host country for a limited term or to provide skills on a are eligible for nomination. Business Immigrants There are two types of business immigrants: investors and entrepreneurs. An investor is an individual with business experience, who has a legally obtained net worth of at least $800,000, and who intends to make an investment in Canada of $400,000 non-refundable for at least five years. There exist both a federal and Quebec program that facilitate this type of application. Unfortunately, the processing times are extremely lengthy being 2 to 10 years and the potential immigrant must wait outside the country until the decision is made. The immigration authorities immigration authorities npl → servicio sg de inmigración immigration authorities npl → service m de l'immigration spend much time and effort to ensure that the funds were legally earned. An entrepreneur is an individual with business experience, who has a legally obtained net worth of at least $300,000 or such amount as required by the province of residence, and who intends to invest in a Canadian business Canadian Business is the longest-publishing business magazine in Canada. It was founded in 1928 as The Commerce of the Nation, the organ of the Canadian Chamber of Commerce. The magazine was renamed Canadian Business in 1933. in which she or he will provide active and ongoing management. The applicant must control at least 1/3 of the qualifying Canadian business, and the business must create at least one full time job for Canadian citizens or residents. Live-in Caregivers There had been much speculation and rumour that the live-in caregiver care·giv·er n. 1. An individual, such as a physician, nurse, or social worker, who assists in the identification, prevention, or treatment of an illness or disability. 2. program would be altered in the new Act. However, the program has remained much the same. It allows Canadians to sponsor foreign caregivers for care of children, seniors, or disabled persons when Canadians are not available to fill these jobs. A live-in caregiver must "live in" the employer's home. Applicants must have completed high school. They must have taken a 6-month full-time training and/or must have 12 months of full-time related paid work experience. They must be able to communicate in either English or French and must have a written employment contract with an employer. Applicants who enter Canada are eligible for landed immigrant status after having worked full-time for two years in a three-year period. The program serves Canadians and the Canadian economy by facilitating child care for working Canadians while allowing foreign women an opportunity to work and live in Canada based upon their own merit. Humanitarian and Compassionate Applications The normal rule of immigration is that applications for permanent resident status must be made from outside of the country. In certain cases, inland applications for such status may be made from within the country. An applicant must show that there are humanitarian and compassionate reasons for applying from within the country. Refugee Claimants The new Act suggests by its title that it deals with refugee protection. The objectives of the Act remain noble: to save lives and offer protection to the displaced displaced see displacement. and persecuted; to fulfill Canada's international legal obligations with respect to refugees and to affirm Canada's international commitments; to grant fair consideration to those who come to Canada claiming persecution; to offer safe haven 1. Designated area(s) to which noncombatants of the United States Government's responsibility and commercial vehicles and materiel may be evacuated during a domestic or other valid emergency. 2. to persons with a well founded fear of persecution based on race, religion, nationality, political opinion or membership in a particular social group, as well as those who risk torture or cruel and unusual treatment or punishment; and to establish fair and efficient procedures that will maintain the integrity of the system. These goals are balanced by objectives of protecting the health and safety and security of Canadians and to promote international justice and security by denying access to Canadian territory to persons including refugee claimants who are security risks or serious criminals. Convention Refugee & Protected Persons The definition of a convention refugee remains consistent with the one found in the United Nations Convention Relating to the Status of Refugees The United Nations Convention Relating to the Status of Refugees is an international convention that defines who is a refugee, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. , 1951. Convention refugees are persons who by reason of a well founded fear of persecution for reasons of race, religion, nationality, political opinion, or membership in a particular social group, and who are outside of their country of nationality or habitual residence In the Conflict of Laws, habitual residence is the standard civil law connecting factor used to select the lex causae in cases characterised as status, capacity and family law. It matches the common law connecting factor of lex domicilii. , and who are unable by reason of that fear, to avail themselves of the protection of those countries. The fear of persecution must be both subjectively real as well as objectively reasonable in the circumstances. Membership in a social group includes women. For example, women who are abused by their spouses in countries that fail to provide police protection have been found to be convention refugees. Persons in need of protection are persons whose removal to their countries of origin or nationality would subject them to danger, to torture, as defined by the Convention against Torture, or to a risk to their life of cruel and unusual treatment or punishment. For example, if because of the risk, they are unable to avail themselves of the protection of their country, the risk would be faced by them in every part of their country and is not generally faced by other individuals from their country; the risk is not inherent to lawful sanctions; and the risk is not caused by the inability of their country to provided adequate medical or health care. In-Canada Claims The determination of whether an individual is a convention refugee or a person in need of protection is determined by a Board known as the Immigration and Refugee Board, Refugee Division. Claimants appear before the Board and provide evidence about their claim; they are subjected to cross-examination by a refugee officer and sometimes the Minister of Immigration's counsel. If the Board accepts that they are Convention refugee claimants or protected persons within the legal parameters then it will so find. If the Board rejects their claims they are notified of the same, usually by written decision. In such cases, they will still be eligible for a process risk assessment prior to removal of potential dangers they could face if deported to the country they fled.. Out of Canada Claims Immigration staff officers work with partners such as United Nations High Commissioner for Refugees Headquartered in Geneva, Switzerland, the Office of the UN High Commissioner for Refugees (UNHCR) (established December 14, 1950) protects and supports refugees at the request of a government or the United Nations and assists in their return or resettlement. to re-settle refugees in Canada. Eligible refugees are persons who are outside of their country of citizenship or habitual residence, again, have a well-founded fear of persecution on the stated grounds, and have no alternative but to seek refuge in another country. They are also persons who have been and continue to be personally affected by civil war, armed conflict, or massive violations of human rights. They are also persons who meet the definition of convention refugee but are still within their country of citizenship or habitual residence, as well as persons who suffer from serious deprivations of the right of free expression and dissent, or the right to engage in trade union activity and who have been detained de·tain tr.v. de·tained, de·tain·ing, de·tains 1. To keep from proceeding; delay or retard. 2. To keep in custody or temporary confinement: or imprisoned im·pris·on tr.v. im·pris·oned, im·pris·on·ing, im·pris·ons To put in or as if in prison; confine. [Middle English emprisonen, from Old French emprisoner : en- as a consequence. Persons selected for re-settlement must demonstrate an ability to successfully establish in Canada. In addition, groups of Canadian citizens and permanent residents may sponsor refugees under a private refugee sponsorship program. Sponsoring groups must commit to providing assistance in the form of accommodation, clothing, food and settlement assistance for one year from the date of arrival of the refugees. Pre-approved sponsors often include religious institutions. As well, groups of five persons may jointly sponsor a refugee to settle into their community. Community sponsorships are also possible. Temporary Stays Foreign nationals may seek to visit Canada, to work for short periods, or to study. In these cases they must establish to immigration officers that they are in Canada for a temporary period of time; i.e. that they will return to their country of origin after that time. Permanent Resident Cards Permanent Resident Card may refer to:
Residency A duration of stay required by state and local laws that entitles a person to the legal protection and benefits provided by applicable statutes. States have required state residency for a variety of rights, including the right to vote, the right to run for public office, the obligations have now changed significantly. It is important to understand that Permanent Residents are not citizens. They are residents of Canada who intend to reside in Canada permanently. Thus, at any given time, they were and continue to be required to prove that they do intend to live in Canada permanently. Those permanent residents who leave Canada for extended periods of time will be questioned about that intent. Under the prior law, permanent residents were advised to obtain returning resident permits for absences of greater than 6 months. This provided evidence that they were not abandoning Canada as their home. Under the IRPA, permanent residents are required to demonstrate that at any given time they have accumulated 2 years of physical presence in Canada in any three-year period. There are certain exceptions to this provision. Permanent residents are now issued permanent resident cards, known as the "Canada cards". These documents confirm residency. Conclusion The Immigration and Refugee Protection Act and its regulations constitute a complex piece of legislation with rules and requirements. These are supplemented by immigration policy An immigration policy is any policy of a state that affects the transit of persons across its borders, but especially those that intend to work and to remain in the country. manuals and operation memorandum. This article provides a generalized over-view of some of the more important access and entry points into Canada. We hope that it assists the lay reader to glean glean v. gleaned, glean·ing, gleans v.intr. To gather grain left behind by reapers. v.tr. 1. To gather (grain) left behind by reapers. 2. some context of the larger system. However, the article is not intended to provide individual or legal advice. Shirish Chotalia is a lawyer with the firm of Pundit An expert or knowledgeable person. From "pandit" in Hindi. See guru. Chotalia in Edmonton, Alberta. |
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