New Inadmissibility Checklists for US Nationals

28th Dec 2011 Comments Off on New Inadmissibility Checklists for US Nationals

Canadian Missions in the United States have released several new checklists that are not found on the CIC main page.

Importantly, there is now a checklist for Temporary Resident Permit applications.

The checklists are:

Application for Rehabilitation Checklist

Application for Authorization to Return to Canada Checklist

Application for a Temporary Resident Permit Checklist

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Kim Jong Kenney

28th Dec 2011 Comments Off on Kim Jong Kenney

On Monday, December 19th, The Province published an Editorial Cartoon depicting Jason Kenney as the successor to Kim Jong Il.

I’m generally able to see all perspectives of an issue, but am simply unable to see the connection between Canada’s current Minister of Citizenship and Immigration, and a tyrant who presided over mass starvation and repression while he lived a life of luxury.

Explanation?

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Should Santa’s Citizenship be Reconsidered?

14th Dec 2011 Comments Off on Should Santa’s Citizenship be Reconsidered?

It’s funny. I don’t remember the Minister getting all uppity about being able to read someone’s lips when they read the Citizenship Oath back when Santa Claus got to reaffirm his Canadian citizenship in 2010. You’re telling me that Jason Kenney could read Santa’s lips beneath that beard?

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CIC Bans People from Wearing the Veil During Citizenship Oaths

12th Dec 2011 Comments Off on CIC Bans People from Wearing the Veil During Citizenship Oaths

Citizenship and Immigration Canada has released Operational Bulletin 359 – Requirements for candidates to be seen taking the Oath of Citizenship at a ceremony and procedures for candidates with full or partial face coverings.

The OB has received much media publicity.  Pursuant to it, all citizenship candidates will be informed that they will be required to remove their face coverings for the oath taking portion of the citizenship ceremony, and that their failure to do so will result in the candidate not becoming a Canadian citizen on that day.

If a candidate is not seen taking the oath by a presiding official, the clerk of the ceremony must be notified immediately following the oath taking portion.  The person will not become a citizen that day.  A minor child whose parents do are not seen taking the oath will also not become a citizen that day.

A person who is not seen taking the oath will have a second chance to attend a future citizenship ceremony and take the oath.  If they do not, then their application for citizenship will be refused.  The opportunity to return to take the oath at another citizenship ceremony applies only once.

As the following tweet by Jason Kenney indicates, this policy is meant to prohibit veils, hajibs, niqabs, etc. from being worn during the oath:

kenneyjason Jason Kenney

Thanks to MP Wladyslaw Lizon for raising w/ me the aberrant practice of veiled people taking oath.He saw 4 people doing so @ recent ceremony

1 hour ago

However, the way this OB is worded, I shudder to think of what will happen if a CIC officer has to rub some dust out of his eyes during the Citizenship Oath.

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Immigration Consequences of the Omnibus Crime Bill

10th Dec 2011 Comments Off on Immigration Consequences of the Omnibus Crime Bill

On December 5, the House of Commons passed Bill C-10, also known as the Safe Streets and Communities Act, or the Omnibus Crime Bill.

Bill C-10 can be found here:

Bill C-10 introduces numerous changes which will affect Canada’s immigration system:

Changes to Sentencing Provisions

The following table details changes to sentencing provisions which will impact admissibility to Canada.

Crime
Sentence
Immigration Consequence

Sexual Interference (touching an individual who is under the age of 16)
Remains a hybrid offense with a maximum term of imprisonment of not more than 10 years.

If Crown proceeds by way of indictment mandatory minimum penalty of 1 year.
Conviction results in inadmissibility for serious criminality.

Mandatory minimum would result in lack of appeal rights to the IAD

Invitation to Sexual Touching (for an individual who is under the age of 16)
Remains a hybrid offense with a maximum term of imprisonment of not more than 10 years.

If Crown proceeds by way of indictment mandatory minimum penalty of 1 year.
Conviction results in inadmissibility for serious criminality.

Mandatory minimum would result in lack of appeal rights to the IAD

Sexual Exploitation (of a young person)
Remains a hybrid offense with a maximum term of imprisonment of not more than 10 years.

If Crown proceeds by way of indictment mandatory minimum penalty of 1 year.
Conviction results in inadmissibility for serious criminality.

Mandatory minimum would result in lack of appeal rights to the IAD

Incest against a Minor
Remains a hybrid offense with a maximum term of imprisonment of not more than 14 years.

If the Crown proceeds by way of indictment there is a mandatory minimum sentence of 5 years.

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Does the New Central Intake Office PNP Check-list Signal an Upcoming Wave of Negative Substituted Evaluations?

5th Dec 2011 Comments Off on Does the New Central Intake Office PNP Check-list Signal an Upcoming Wave of Negative Substituted Evaluations?

On December 1, 2011, Citizenship and Immigration Canada released a new document check-list for people intending to apply for permanent residency as provincial nominees.  Gone are the days when a province’s nomination certificate demonstrated that an individual could establish themselves economic establishment in Canada.  Now, in addition to the nomination certificate, applicants will have to submit copies of educational diplomas and transcripts, as well as reference letters from all employers for the past ten years.

Sections 3.6-3.8 of Annex B of the Canada – British Columbia Immigration Agreement states that:

3.6  Canada agrees to process economic class applicants nominated for permanent resident status by British Columbia on a priority basis and as expeditiously as possible with a view to achieving Canada’s annual levels plan.

 

3.7  Canada will consider a nomination certificate issued by British Columbia as evidence that British Columbia has conducted due diligence in exercising its authority to assess and nominate candidates pursuant to section 3.1, 3.2 and 3.3 of this Annex.

 

Section 3.8 goes on to note, however, that Canada retains the right to substitute a negative evaluation if it disagrees with the province’s assessment.  It states:

3.8  British Columbia is responsible for conducting the due diligence to ensure that the applicant has the ability and is likely to become economically established in British Columbia.  Notwithstanding the foregoing, Canada retains the right to substitute its evaluation of the applicant’s ability to become economically established in Canada pursuant to subsection 87(3) of the IRPR.  In exercising its responsibilities under sectionsC.2 and C.4 of Appendix C of this Annex, Canada may also seek clarification from British Columbia on its assessment, the record of which is required under sections 3.4 and 5.3.4 of this Annex.

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The Super Visa

1st Dec 2011 Comments Off on The Super Visa

Parents and grandparents of Canadian citizens and permanent residents can apply for two types of Temporary Resident Visas to visit their relatives in Canada.  The first is a standard, multiple-entry visa.  The second is what is known as a Super Visa.

A normal Temporary Resident Visa generally is a multiple entry-visa valid for the duration of an applicant’s passport, or 10 years, whichever is shorter.  Unless the Canada Border Services Agency authorizes indicates, it allows applicants to stay in Canada for up to six months without having to apply to extend their temporary resident status.

A Super Visa is also valid for up to 10 years, or the duration of the applicant’s passport, whichever is shorter.  It allows parents and grandparents to stay in Canada for up to two years without having to renew their status. Parents and grandparents who are from visa-exempt countries can also apply for Super Visas in order to receive Letters of Introduction that will allow them to stay in Canada for up to two years without having to renew their status.  It is important to note that the two year entry only applies to the initial stay.

A parents or grandparent is eligible for a Super Visa if the parent or grandparent has:

  • provided proof of the parent or grandparent relationship to the Canadian citizen or permanent resident;
  • undergone a medical examination and is admissible to Canada on health grounds;
  • provided satisfactory evidence of private medical insurance from a Canadian insurance company, valid for a minimum period of one year from the date of entry which:
    • covers the applicant for health care, hospitalization and repatriation;
    • provides a minimum of $100,000 coverage;

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