wk2 citizen 2012_pp
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Prof. S. R. Wales 1
Paralegal Education – BCTA 302
Immigration and Refugee Law
Citizenship Prof. Shirley R. Wales
Prof. S. R. Wales 2
The Current Reality
More than 50 % of GTA residents are foreign-born More than 27 % of ON residents are foreign-born
Ontario has the most diverse population in the world
In less than 5 years, immigration will account for ALL the net labour market force growth
Prof. S. R. Wales 3
The Problem:
Even with immigration continuing at its current rate, the population of Canada will decline
Why? The birth rate isn’t high enough to cause the population levels to increase
See CAN IMMIGRATION COMPENSATE FOR BELOW-REPLACEMENT FERTILITY?: THE CONSEQUENCES OF THE UNBALANCED SETTLEMENT OF IMMIGRANTS IN CANADIAN CITIES, 2001-2051.
http://www.debmatthews.onmpp.ca/PhD_Thesis.pdf
Prof. S. R. Wales 4
The Law
Federal – IRPA and IRPR International – Treaties
Convention Relating to the Status of Refugees Provincial
Quebec Sec. 86 IRPR Quebec Skilled Worker Class
Ontario Canada-Ontario Immigration Agreement Fair Access to Regulated Professions Act, 2006
Prof. S. R. Wales 5
The Legislation
The Immigration and Refugee Protection Act IRPA
The Immigration and Refugee Protection Regulations IRPR
Before June 2002: The Immigration Act The Immigration Regulations, 1978
Prof. S. R. Wales 6
The Players
The Federal Government CIC CBSA
The Provincial Government Ministry of Citizenship & Immigration
The Regulator ICCRC
The Tribunal and The Court IRB & Federal Court
Prof. S. R. Wales 7
Sources of New Canadians
New Canadian Citizens
Born in Canada
Foreign-Born
Prof. S. R. Wales 8
Why New Canadians?
Economic Economy will suffer if population declines
Social Canadians approve of family reunification
Legal Canada has international obligations to accept
refugees United Nations High Commission on Refugees
UNHCR
Prof. S. R. Wales 9
Who is a Canadian Citizen?
The Law: Citizenship Act
First Question: Place of Birth? Born in Canada Born Outside Canada
Prof. S. R. Wales 10
The Citizenship Act
Canadian Citizens
Born in Canada
Most are automatically Canadian citizens
Born Outside Canada
Very few qualify as CanadianCitizens at birth
Prof. S. R. Wales 11
The Citizenship Act
Sec. 3 Born in Canada = Canadian Citizen
Exceptions: Sec. 2(2)(a) Deemed born in Canada
Sec. 3 (1)(b) Born Outside to Canadian Citizen AND Sec. 8 - repealed - applies to retain before = 28
yrs old
Prof. S. R. Wales 12
The Citizenship Act Jurisprudence
Refusal of Application for Canadian Citizenship Zundel
Revocation of Canadian Citizenship Not possible to revoke if born in Canada
Oberlander Phan
Renunciation & Resumption Conrad Black
Prof. S. R. Wales 13
War Crimes & Canadian Citizenship
Revocation of Canadian Citizenship possible Sec. 7 Oberlander
Not for Canadian-born Citizens Sec. 10 (1)
Order in case of Fraud Sec. 10(2)
Presumption of Fraud
Prof. S. R. Wales 14
The Path to Canadian Citizenship
Canadian Citizenship
Born in CanadaPermanent Resident
Sec. 2(1) IRPA
Born Outside Canada
Prof. S. R. Wales 15
The Importance of PR Status
Citizenship Act Sec. 5 Grant of Citizenship Must be Permanent Resident
Defined by Sec. 2(1) IRPA
Temporary Residents Pt. 9 IRPR Includes Visitors, Workers, Students
No Direct Path from Temporary Resident Status to Permanent Resident Status
Prof. S. R. Wales 16
From Permanent Resident to Canadian Citizen
Citizen
Permanent Resident
Temporary Resident
Prof. S. R. Wales 17
Acquiring Canadian Citizenship
Canadian Citizenship
Born in Canada Permanent Resident
Temporary Resident
Pt. 10 IRPR Visitor’s VisaPt. 11 IRPR Work PermitPt. 12 IRPR Study Permit
Prof. S. R. Wales 18
Authorized Representatives for New Canadians – April 13, 2004 – June 30, 2011
Sec. 13.1 IRPR Representation for a Fee
Sec. 2 IRPR Authorized Representative
Canadian Society of Immigration Consultants Membership Requirements
Academic – included Humber Immigration Consultant Certificate
Language Testing Membership Exam
Prof. S. R. Wales 19
New Regulators of Immigration Consultants:
Immigration Consultants of Canada Regulatory Council ICCRC
Law Society of Upper Canada LSUC
[licensed paralegals]
Prof. S. R. Wales 20
Sources of New Canadians
Sponsorship of Members of the
Family Class
RefugeesBusiness
Immigrants
Prof. S. R. Wales 21
Why These Three Groups?
1. Members of the Family Class Family Reunification
Sec. 3(1) IRPA 2. Refugees
International Obligations Sec. 96 IRPA Convention Refugee
3. Business Immigrants Economic Impact
Part 6 IRPR Skilled Workers, Investors, Entrepreneurs, Self-
Employed
Prof. S. R. Wales 22
Immigration
The Players: 1. The Sponsor – in Canada
Canadian Citizen or Permanent Resident 2. The Applicant – Overseas
The “Foreign National” 3. The Authorized Representative
Lawyer OR licensed paralegal ICCRC Member
Prof. S. R. Wales 23
Professional Limits on Immigration Consultants Counselling Misrepresentation
Sec. 126 IRPA
ICCRC Code of Professional Ethics