Certainty of Intention and Immigration Trusts

Certainty of Intention and Immigration Trusts

30th Nov 2010 Comments Off on Certainty of Intention and Immigration Trusts

The Federal Court and Federal Court of Appeal decisions in Antle v. Canada suggest that such professionals should make sure that their clients understand the nature of what a trust is before establishing an immigration trust.

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PNP Participants Denied Entry at the Border

27th Nov 2010 Comments Off on PNP Participants Denied Entry at the Border

During the past couple months, our office has received several frantic phone calls from people (often real estate agents or bankers) telling us that a family who was immigrating to Canada under a Provincial Nominee Program was detained by the Canada Border Services Agency

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Immigrant Investors and the $120,000 Myth

25th Nov 2010 Comments Off on Immigrant Investors and the $120,000 Myth

The “common scenario” under the old immigrant investor program was that investors would pay financial intermediaries $120,000 to finance their loans to the Canadian government. At least 90% of immigrant investors paid this amount. However, those immigrant investors that paid $120,000 to the financial institution paid too much.

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The Doctrine of Legitimate Expectations [Updated – July 17, 2014]

24th Nov 2010 Comments Off on The Doctrine of Legitimate Expectations [Updated – July 17, 2014]

The doctrine of legitimate expectations is a procedural doctrine which has its source in the common law. Because the doctrine of legitimate expectations is a common law principle, it does not create substantive rights.

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Visa Requirement Removed for Taiwan

22nd Nov 2010 Comments Off on Visa Requirement Removed for Taiwan

Effective November 22, 2010, holders of ordinary Taiwan passports that contain a personal identification number and are issued by the Ministry of Foreign Affairs in Taiwan will no longer require a Temporary Resident Visa (TRV) to visit Canada.

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Bill C: 56 : The Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act

19th Nov 2010 Comments Off on Bill C: 56 : The Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act

.

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Limitations on Citizenship by Descent

15th Nov 2010 Comments Off on Limitations on Citizenship by Descent

Last Updated on November 15, 2010 by Steven Meurrens

There are two ways that a person can be born a Canadian citizen. The first is if a person is born in Canada. The second is if a person is born to a Canadian parent, also known as citizenship by descent.  However, it is important for Canadians abroad to note that as of 2009, citizenship by descent is effectively limited to one generation born outside Canada.

The Legislation

Section 3(3)(a) of the Citizenship Act (the “Act“) provides that:

(3) Subsection (1) does not apply to a person born outside Canada

(a) if, at the time of his or her birth or adoption, only one of the person’s parents is a citizen and that parent is a citizen under paragraph (1)(b), (c.1), (e), (g) or (h), or both of the person’s parents are citizens under any of those paragraphs;

Subsection 3(1)(b) of the Act provides that:

3. (1) Subject to this Act, a person is a citizen if

(b) the person was born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen;

Subsection 3(1)(c.1) provides that:

3. (1) Subject to this Act, a person is a citizen if

(c.1) the person has been granted citizenship under section 5.1 (editor’s notes: this discusses permanent resident spouses of citizens working abroad essentially for the government);

Subsection 3(1)(e) provides that:

(3) Subsection (1) does not apply to a person born outside Canada

(e) the person was entitled, immediately before February 15, 1977, to become a citizen under paragraph 5(1)(b) of the former Act

Subsection 3(1)(g) provides that:

3.

 » Read more about: Limitations on Citizenship by Descent  »

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Membership in a Group that Once Committed Terror

5th Nov 2010 Comments Off on Membership in a Group that Once Committed Terror

The Federal Court of Appeal has answered a question regarding inadmissibility under s. 34 of IRPA.

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Authorizations to Return to Canada

3rd Nov 2010 Comments Off on Authorizations to Return to Canada

Last updated on December 5th, 2019

Last Updated on December 5, 2019 by Steven Meurrens

Section 52(1) of Canada’s Immigration and Refugee Protection Act provides that a person who has been removed from Canada cannot return to Canada unless the person first receives specific authorization from immigration authorities.  This authorization is known as “authorization to return to Canada” (an “ARC“).  Whether an ARC is needed will depend on what type of removal order the person received.

Types of Removal Orders

Removal orders can be issued by officers at ports of entry, inland enforcement officers and the Immigration and Refugee Board’s (the “IRB”) Immigration Division.

There are three types of removal orders in Canada.  These are the “Departure Order,” the “Exclusion Order,” and the “Deportation Order”.

A Departure Order requires that a person leave Canada within 30 days after the order becomes enforceable.  Failure to do so causes the Departure Order to become a Deportation Order.  Examples of where a Departure Order would occur is a permanent resident who fails to meet their residency obligation or eligible refugee claimants who are pending a deciison by the IRB.

An Exclusion Order provides that the removed person cannot return to Canada for one year unless the person obtains ARC. For Exclusion Orders resulting from misrepresentation the bar is five years.  Examples of where an Exclusion Order would occur include foreign nationals who arrive at a port of entry without the appropriate documentation, foreign nationals who do not leave Canada by the end of their authorized stay and unauthorized work in Canada.

A Deportation Order results in a person being permanently barred from returning to Canada. Such a person may not return unless he/she receives ARC.

 » Read more about: Authorizations to Return to Canada  »

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Overview of Detention

1st Nov 2010 Comments Off on Overview of Detention

On October 29, 2010, the Immigration and Refugee Board released Guideline 2 on Detention. The Guidelines are to assist Immigration Division members in determining whether or not to hold an individual in detention.

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