In 2011, 1,108 people were declared inadmissible to Canada when they arrived at the Vancouver International Airport. The following chart obtained through an Access to Information and Privacy Act request shows these individuals’ source countries. The top 10 countries were: Citizenship 2011 United States 247 South Korea 137 Hungary 83 China 72 Taiwan 49 British 40 Australia 35 Iran 30 Hong Kong 26 India 26 Japan 26 Germany 20 Mexico 19
The Residency Test for Citizenship
Confusion exists regarding what the residency test for citizenship is. Bill C-37 provides that someone must be physically present in Canada for three out of the four years before applying for citizenship. However, this Bill is not yet in force. The Koo test therefore still applies.
CIC Closes Seattle, Detroit, Seoul, and Caracas Visa Offices
On January 28 and 29, Citizenship and Immigration Canada (“CIC”) announced the closure of two overseas offices, and further restructured its North American Processing Network. The restructuring includes the closure of immigration sections of the Canadian consulates in Detroit and Seattle. Closure of Detroit and Seattle Visa Offices Effectively immediately, the visa offices in Seattle and Detroit are closed. As well, the visa office at Washington D.C. will be very limited in the services which it provides. New U.S. and Canada based Temporary Resident Visa, Study Permit, and Work Permit applications can now be submitted on-line, or to the appropriate visa office as described in the table below. In brief, study permits will be processed in Los Angeles, and work permits will be processed in New York. Individuals with applications in processing do not need to take any steps to ensure that the processing of their applications will continue, as their files are being transferred to their respective new offices. Online New York Los Angeles Washington D.C. Visitor Visas Visitor Visas Visitor Visas Services for diplomats, government officials, and their family members Work Permits Work Permits Study Permits Study Permits Temporary Resident Permits Temporary Resident Permits Rehabilitation Rehabilitation Authorizations to … Read More
PR Cards will no Longer be Mailed to Permanent Residents’ Representatives
On January 14, 2013, Citizenship and Immigration Canada (“CIC“) issued Operational Bulletin 491 – Mailing Permanent Resident Cards (“PR Cards“) to Representatives (“OB-491“). OB-491 is an update to the 2012 Pilot Project to mail permanent resident cards directly to applicants instead of having them attend at a CIC office. Many permanent residents have been requesting that CIC mail their PR Cards to their authorized representatives. This apparently caused CIC to be concerned that authorized representatives would forward the PR Cards to permanent residents overseas, which is (possibly) contrary to (the somewhat unclear) subsection 55 of the Immigration and Refugee Protection Regulations (the “Regulations“), which states: DELIVERY 55. A permanent resident card shall only be provided or issued in Canada. OB-491 accordingly clarifies that CIC will mail PR Cards issued to new immigrants (also known as “Phase I Cards“) to third parties in Canada, including friends, relatives, service providers or paid representatives, in order to facilitate the processing and issuance of PR Cards to new immigrants as they may not yet have a permanent address in Canada. OB-491 also stipulates that CIC will only mail renewal or replacement PR Cards (also known as “Phase 2 Cards“) directly to applicants with permanent residential addresses … Read More
Due Process When Everything is a Crime: Court Strikes Down Human Smuggling Law
The British Columbia Supreme Court (“BCSC“) in R v. Appulonappa has struck down s. 117 of the Immigration and Refugee Protection Act (“IRPA“). Section 117 theoretically prohibited human smuggling. Its exact wording was: 117. (1) No person shall knowingly organize, induce, aid or abet the coming into Canada of one or more persons who are not in possession of a visa, passport or other document required by this Act. (2) A person who contravenes subsection (1) with respect to fewer than 10 persons is guilty of an offence and liable (a) on conviction on indictment (i) for a first offence, to a fine of not more than $500,000 or to a term of imprisonment of not more than 10 years, or to both, or (ii) for a subsequent offence, to a fine of not more than $1,000,000 or to a term of imprisonment of not more than 14 years, or to both; and (b) on summary conviction, to a fine of not more than $100,000 or to a term of imprisonment of not more than two years, or to both. (3) A person who contravenes subsection (1) with respect to a group of 10 persons or more is guilty of an offence … Read More
Guest Post: Safeguarding a Divorce Order Against Social Assistance Debt
(Note from Steven: I met John at the Canadian Bar Association British Columbia branch annual conference in San Francisco. He is currently involved in some fascinating litigation representing an individual who sponsored a spouse only to watch her immediately divorce him after she immigrated. She also left him on the hook for tens of thousands of dollars in social assistance payments. I invited John to some write articles for this blog, and here is the third of what will hopefully be many into this issue.) — The issue of resolving a fraudulent marriage tied to an immigration application is completely separate from the need to get divorced. Fraudulent marriage is not grounds for a divorce and it is not necessary to prove that marriage was fraudulent in order to get a divorce. The issue of the fraudulent marriage can only be dealt with in civil court, not family, court as explained in an earlier post. Generally speaking, it is understood that the sponsored spouse may receive social assistance or they may receive maintenance (i.e. spousal support), but they cannot receive both. Where the divorce order or separation agreement explicitly states that maintenance is not to be provided or has been … Read More
Guest Post: The Undertaking & Social Assistance Debt
(Note from Steven: I met John at the Canadian Bar Association British Columbia branch annual conference in San Francisco. He is currently involved in some fascinating litigation representing an individual who sponsored a spouse only to watch her immediately divorce him after she immigrated. She also left him on the hook for tens of thousands of dollars in social assistance payments. I invited John to some write articles for this blog, and here is the second of what will hopefully be many into this issue.) — Sponsoring a spouse or fiancé into Canada requires signing an undertaking with Immigration and Citizenship Canada. The undertaking explicitly states that the sponsoring relative must provide the necessities of life, even if there is a change of circumstance including divorce. The law concerning the undertaking was recently set out by the Supreme Court of Canada in a case called Canada (Attorney General) v. Mavi.[1] In Mavi, there were eight petitioners who were found to owe the government for social assistance paid to each of they’re sponsored relatives because of the terms of the undertaking. However, none of the sponsored relatives were divorced spouses. An argument can be made that a divorce order that addresses … Read More
Spousal Sponsor is Pregnant with Someone Else’s Child
When someone sponsors their spouse or common-law partner to immigrate to Canada, it can often be difficult to determine how detailed one’s application should be. Should one include every aspect of their relationship history, including marital difficulties? What about instances of fidelity? Several Federal Court of Canada decisions involving cases of alleged misrepresentation against applicants offer guidance on this topic. In Chen v. Canada (Public Safety and Emergency Preparedness), 2010 FC 584),(“Chen“), Mr. Chen, a Chinese citizen, married Ms. Zou, a Canadian permanent resident. Ms. Zou then sponsored Mr. Chen for permanent residence. While Mr. Chen’s application was in processing, a friend told him that his wife had been seen “in the company” of another man in Toronto. When Mr. Chen arrived in Canada, he discovered that his wife pregnant with another man’s child. According to Justice Harrington, Mr. Chen was willing to forgive his wife, and asked her to get an abortion. She refused. On many occasions she made sexual overtures to him but he was both unwilling and unable to perform. Ms. Chen “taunted Ms. Zou’s lack of manhood.” As one would expect, the marriage shortly dissolved thereafter. After the divorce, Mr. Chen married an old flame in … Read More
The Federal Skilled Trades Class
On January 2, 2013, the Federal Skilled Trades Class (“FSTC“) began accepting applications. This is a new program from Citizenship and Immigration Canada. From January 2, 2013, to January 1, 2014, the FSTC will be limited to 3,000 applications. As described in more detail below, the program will also contain numerous occupation specific sub-caps. To be eligible for the FSTC, applicants must: Have twenty-four months of work experience (after being qualified/certified in the country where the work was performed, where applicable) in an eligible skilled trade during the five year period preceding the application; Have an offer of employment for continous full-time work for a total period of at least one year from up to two employers in that skilled trade occupation, or possess a Certificate of Qualification from a provincial or territorial Apprenticeship Authority; Satisfy employment requirements as described by the occupation’s National Occupational Classification, except for certification and licensing requirements Meet or exceed the minimum language threshold; and Intend to reside in a province other than Quebec. Eligible Occupations Forty-three occupations are eligible under the FSTP. Within the total FSTP cap of 3,000 applications, seventeen of the forty-thirty occupations are further capped at 100 applications per occupation. These occupations are: … Read More
Refugees, Article 1F, and Rehabilitation
Article 1F of the 1951 Refugee Convention excludes individuals who have committed serious crimes from being eligible for refugee status under the Convention. It states: Article 1F of the 1951 Refugee Convention states: F. The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that: ( a ) He has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; ( b ) He has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee; ( c ) He has been guilty of acts contrary to the purposes and principles of the United Nations. Section 98 of Canada’s Immigration and Refugee Protection Act (the “Act“) provides that a person encompassed by the 1951 Refugee Convention is not a Convention refugee or a person in need of protection pursuant to the Act. In Hernandez Fables v. Canada (Citizenship and Immigration), 2011 FC 1103, the Federal Court certified the following question: When applying article 1F (b) of the United Nations Convention relating to the Status of … Read More