Dealings with Immigration Canada under the Immigration and
Refugee Protection Act (the "Act")
Immigration Regulations tend to fall in one of two categories:
and staying here. Most people assume that once they've legally
arrived, that's the end of it. Don't be too sure.
However, the bulk of Immigration Canada's work is handling
those who wish to come to Canada permanently or temporarily.
ACQUIRING PERMANENT RESIDENT STATUS
are several categories under which people obtain Permanent
INDEPENDENT IMMIGRANTS: These are immigrants who intend to enter
Canadian workforce and who have qualified under the Point
Applicants are assigned points under various categories
education, work experience, labour market demand for their
previously arranged employment in Canada, relatives in Canada,
factors (where does the applicant wish to settle and what is the
for his or her occupation), age, proficiency in English and
personal suitability as adjudged by an Immigration Officer.
EMPLOYED IMMIGRANTS: The Act defines a self employed
as "...a foreign national who has relevant experience and has
ability to be self-employed in Canada and to make a significant
specified economic activities in Canada.
ENTREPRENEUR IMMIGRANTS: The Act defines an entrepreneur
as: "... a
foreign national who
has business experience;
has a legally obtained minimum net worth;
provides a written statement to an officer that they intend and
be able to meet the conditions referred to in subsections 98(1)
INVESTOR IMMIGRANTS: These are persons who have successfully
controlled or directed a business; from his or her own efforts
accumulated a net worth of $800,00.00 (CAD); and, are able to
satisfy an officer
they intend to make or have made a qualifying investment.
SPONSORED IMMIGRANTS: Qualified Canadian citizens or permanent
sponsor members of their "family class," such as
spouse, partner, fiancée, dependant children, parents and
included are the sponsor's brother, sister, nephew, niece,
granddaughter who is an orphan, under 18 years of age and
Another sponsorship includes a child under 18 years of age whom
sponsor intends to adopt (there are several qualifiers to this
Finally, the sponsor may sponsor "one relative regardless of the
relationship of the relative to the sponsor, where the sponsor
spouse, son, daughter, father, mother, grandfather, grandmother,
brother, sister, uncle, aunt, nephew or niece (i) who is a
citizen, (ii) who is a permanent resident, or (iii) whose
landing the sponsor may otherwise sponsor."
REFUGEES: Canada accepts many refugees each year through a
determination system which is actually an alternative
those who qualify as refugees. The Immigration Act defines a
Convention Refugee as "... a person who (a) by reason of a well
of persecution for reasons of race, religion, nationality,
particular social group or political opinion,
outside the country of the person's nationality and is unable
reason or that fear, is unwilling to avail himself of the
not having a country of nationality, is outside the country of
person's former habitual residence and is unable or, by reason
is unwilling to return to that country, and
has not ceased to be a Convention Refugee by virtue of
does not include any person to whom the Convention does not
pursuant to Section E or F of Article 1 thereof, which are set
out in the
Schedule to this Act.
"Convention" means the United Nations Convention Relating to the
Refugees signed at Geneva on July 28, 1951, and includes the
thereto signed at New York City on January 31, 1967. Canada is a
both the Convention and the Protocol.
PERMANENT RESIDENT STATUS
Obviously, Permanent Resident status obtained through
can be lost and the individual ordered deported. However, even
properly obtained status can be lost:
CRIMINAL RECORD: A Canadian citizen can commit murder. He may
of his life in jail but he won't have to worry about
other hand, someone who is lawfully in Canada (but not a
in sufficient difficulty with the police and the courts may face
deportation from Canada. In fact, thousands of permanent
visitors are in this situation.
the length of time that the offender has previously spent in
little to do with the outcome. Many people who come to Canada as
infants and whose parents neglect to obtain Citizenship find
dealing with Deportation Orders. I once dealt with a client who
ordered deported after 42 years in Canada.
ABANDONMENT: Canadian citizens can leave Canada for many years
absolutely entitled to re-enter the country. However, permanent
remain out of Canada for more than two of the last five years
considered to have abandoned Canada as their place of residence
forfeited their status.
DESPAIR: In cases of Permanent Residents ordered deported
criminal records or residence deemed to have been abandoned,
remedies do exist. Fighting Immigration attempts to remove
requires experienced counsel. This is not something to undertake