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Young Offender

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Immigration

Wills, Estate

Power of Attorney

Business

 

    

IMMIGRATION

 

      Dealings with Immigration Canada under the Immigration and Refugee Protection Act (the "Act")

      and Immigration Regulations tend to fall in one of two categories: getting

      here 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 applications

      from those who wish to come to Canada permanently or temporarily.

     

      ACQUIRING PERMANENT RESIDENT STATUS

      There are several categories under which people obtain Permanent Resident

      status.

     

      INDEPENDENT IMMIGRANTS: These are immigrants who intend to enter the

      Canadian workforce and who have qualified under the Point System.

      Applicants are assigned points under various categories including

      education, work experience, labour market demand for their occupations,

      previously arranged employment in Canada, relatives in Canada, demographic

      factors (where does the applicant wish to settle and what is the local

      demand for his or her occupation), age, proficiency in English and French

      and personal suitability as adjudged by an Immigration Officer.

     

      SELF EMPLOYED IMMIGRANTS: The Act defines a self employed

      person as "...a foreign national who has relevant experience and has the intention

      and ability to be self-employed in Canada and to make a significant contribution

      to specified economic activities in Canada.

      

      ENTREPRENEUR IMMIGRANTS: The Act defines an entrepreneur

      as: "... a foreign national who

      (a)  has business experience;

      (b)  has a legally obtained minimum net worth;

      (c)  provides a written statement to an officer that they intend and will

           be able to meet the conditions referred to in subsections 98(1) to (5).

 

 

      INVESTOR IMMIGRANTS:  These are persons who have successfully operated,

      controlled or directed a business; from his or her own efforts has a

      accumulated a net worth of $800,00.00 (CAD); and, are able to satisfy an officer

      that they intend to make or have made a qualifying investment.

 

      SPONSORED IMMIGRANTS: Qualified Canadian citizens or permanent residents

      may sponsor members of their "family class,"  such as

      a spouse, partner, fiancée, dependant children, parents and grandparents.

 

      Also included are the sponsor's brother, sister, nephew, niece, grandson

      or granddaughter who is an orphan, under 18 years of age and unmarried.

 

      Another sponsorship includes a child under 18 years of age whom the

      sponsor intends to adopt (there are several qualifiers to this type of

      sponsorship).

 

      Finally, the sponsor may sponsor "one relative regardless of the age or

      relationship of the relative to the sponsor, where the sponsor does not

      have a spouse, son, daughter, father, mother, grandfather, grandmother,

      brother, sister, uncle, aunt, nephew or niece (i) who is a Canadian

      citizen, (ii) who is a permanent resident, or (iii) whose application for

      landing the sponsor may otherwise sponsor."

 

      REFUGEES: Canada accepts many refugees each year through a refugee

      determination system which is actually an alternative Immigration System

      for those who qualify as refugees.   The Immigration Act defines a

      Convention Refugee as "... a person who (a) by reason of a well founded

      fear of persecution for reasons of race, religion, nationality, membership

      in a particular social group or political opinion,

 

      (i) is outside the country of the person's nationality and is unable  or,

      by reason or that fear, is unwilling to avail himself of the protection of

      that country, or

 

      (ii) not having a country of nationality, is outside the country of the

      person's former habitual residence and is unable or, by reason of that

      fear, is unwilling to return to that country, and

 

      (b) has not ceased to be a Convention Refugee by virtue of subsection (2)

      but does not include any person to whom the Convention does not apply

      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 Status of

      Refugees signed at Geneva on July 28, 1951, and includes the Protocol

      thereto signed at New York City on January 31, 1967. Canada is a signatory

      to both the Convention and the Protocol.

 

      LOSING PERMANENT RESIDENT STATUS

 

      Obviously, Permanent Resident status obtained through misrepresentation or

      fraud 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 spend the

      rest of his life in jail but he won't have to worry about deportation. On

      the other hand, someone who is lawfully in Canada (but not a citizen) and

      who is in sufficient difficulty with the police and the courts may face

      deportation from Canada. In fact, thousands of permanent residents and

      visitors are in this situation.  

 

      And the length of time that the offender has previously spent in Canada

      has little to do with the outcome. Many people who come to Canada as

      infants and whose parents neglect to obtain Citizenship find themselves

      dealing with Deportation Orders. I once dealt with a client who had been

      ordered deported after 42 years in Canada. 

 

      ABANDONMENT: Canadian citizens can leave Canada for many years and are

      absolutely entitled to re-enter the country. However, permanent residents

      who remain out of Canada for more than two of the last five years 

      may be considered to have abandoned Canada as their place of residence and

      forfeited their status.

 

      DON'T DESPAIR: In cases of Permanent Residents ordered deported because of

      criminal records or residence deemed to have been abandoned, legal

      remedies do exist. Fighting Immigration attempts to remove someone from

      Canada requires experienced counsel. This is not something to undertake on

      your own.

 
 

470  Hensall Circle, Suite 304Mississauga, Ontario,  L5A 3V4.

Norbert Bartels, Barrister and Solicitor