On June 10, the Conservative government introduced Bill C-37, also known as the Strengthening the Value of Canadian Citizenship Act (“Bill C-37“). The legislation will result in five changes if passed. These are: Regulate Citizenship Consultants Increases Penalties for Citizenship Fraud Strengthen Rules For Residence Requirement Expand Ban on Criminals Becoming Citizens Crown Exception to First Generation Limit Streamlining the Revocation Process 1) Regulate Citizenship Consultants Citizenship consultants are not currently regulated or licensed. Bill C-37 will change this. The amendments will introduce a new s. 21.1 of the Citizenship Act, which will state: 21.1 (1) Every person commits an offense who knowingly represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act. The offense will be a hybrid offense. If the Crown elects to proceed by way of indictment, the maximum penalty would be a fine of $50,000 and/or two years imprisonment. There will be exceptions for lawyers, members of a designated body, and other exceptions similar to those for immigration consultants. In fact, the language in Bill C-37 regarding the regulation of citizenship consultants largely mirrors that in Bill C-35, the Cracking Down on Crooked … Read More
Family Class Undertakings
The spousal sponsorship undertaking is a binding contract between sponsors (and co-signers) and the Minister of Immigraiton, Refugees and Citizenship Canada. Sponsors must provide the sponsored person with basic requirements from the day they enter Canada until the end of the undertaking. They are obligated to repay the government any social assistance payments made to the sponsored person during the undertaking period. In spousal sponsorship applications, the length of the undertaking is 3 years (36 months) from the date of becomming a permanent resident. The Supreme Court in Mavi On June 10, 2011, the Supreme Court of Canada released its decision in Canada (Attorney General) v. Mavi, 2011 SCC 30. The case involved an appeal from numerous Ontario residents regarding relief from the sponsorship undertakings that they had signed to sponsor a family class member. Potential immigrants under the family class are only eligible to apply for permanent residency once a Canadian citizen’s or permanent resident’s application to sponsor them has been approved. Family class immigrants are not assessed independently on their ability to support themselves, as is the case with other immigrants. The burden of showing sufficiently financial wherewithal lies with the sponsor. I have yet to witness a … Read More
Ineligibility to Make a Refugee Claim
Section 101(d) of the Immigration and Refugee Protection Act states: 101. (1) A claim is ineligible to be referred to the Refugee Protection Division if (a) refugee protection has been conferred on the claimant under this Act; (b) a claim for refugee protection by the claimant has been rejected by the Board; (c) a prior claim by the claimant was determined to be ineligible to be referred to the Refugee Protection Division, or to have been withdrawn or abandoned; (d) the claimant has been recognized as a Convention refugee by a country other than Canada and can be sent or returned to that country; (e) the claimant came directly or indirectly to Canada from a country designated by the regulations, other than a country of their nationality or their former habitual residence; or (f) the claimant has been determined to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality, except for persons who are inadmissible solely on the grounds of paragraph 35(1)(c). Serious criminality (2) A claim is not ineligible by reason of serious criminality under paragraph (1)(f) unless (a) in the case of inadmissibility by reason of a conviction in Canada, the conviction is … Read More