Presentation on theme: "Introduction to the Economic, Humanitarian and Social Objectives of IRPA."— Presentation transcript:
Introduction to the Economic, Humanitarian and Social Objectives of IRPA
Economic: To permit Canada to pursue the maximum social, cultural and economic benefits of immigration; To support the development of a strong and prosperous Canadian economy, in which the benefits of immigration are shared across all regions of Canada; To facilitate the entry of visitors, students and temporary workers for purposes such as trade, commerce, tourism, international understanding and cultural, educational and scientific activities.
Social: To enrich and strengthen the social and cultural fabric of Canadian society, while respecting the federal, bilingual and multicultural character of Canada; To support and assist the development of minority official languages communities in Canada; To promote the successful integration of permanent residents into Canada, while recognizing that integration involves mutual obligations for new immigrants and Canadian society; To protect the health and safety of Canadians and to maintain the security of Canadian society.
Humanitarian: To promote international justice and security by fostering respect for human rights To grant, as a fundamental expression of Canada's humanitarian ideals, fair consideration to those who come to Canada claiming persecution; To recognize that the refugee program is in the first instance about saving lives and offering protection to the displaced and persecuted; To fulfill Canada's international legal obligations with respect to refugees To affirm Canada's commitment to international efforts to provide assistance to those in need of resettlement; To facilitate reunification with family members in Canada.
Institutions involved with refugees, humanitarian policies and enforcement
Parliament of Canada The House of Commons; the Senate; and the Governor-General. The Parliament oversees the Canadian Federal Government work through its Standing Committees
Department of Immigration: Admits immigrants, foreign students, visitors and temporary workers who enhance Canada’s social and economic growth; Resettles, protects and provides a safe haven for refugees; Helps newcomers adapt to Canadian society and become Canadian citizens; Manages access to Canada to protect the security and health of Canadians and the integrity of Canadian laws.
Canadian Border Services Agency Processes commercial goods, travelers, and conveyances, Identifies and interdicts high-risk individuals and goods; Conducts secondary inspections of food and agricultural products imported by travelers at airports; Conducts intelligence, such as screening visitors and immigrants and working with law enforcement agencies to maintain border integrity and ensure national security; Engages in enforcement activities, including investigations, detentions, hearings, and removals; supports free trade negotiations; and conducts compliance audit reviews and dumping and subsidy investigations.
Department of Justice Its goal are: to ensure that Canada is a just and law- abiding society with an accessible, efficient and fair system of justice; to ensure that Canada is a just and law- abiding society with an accessible, efficient and fair system of justice; Promotes respect for rights and freedoms, the law and the Constitution Promotes respect for rights and freedoms, the law and the Constitution Provides services and counsel to the government and its departments and agencies;
Canadian Security and Intelligent Services (CSIS) Its dedicated to national security issues of interest for Canada and safeguarding its citizens. Its main objective is to investigate and report on threats to the security of Canada. CSIS security assessments fall into three main program categories: Government Screening, Foreign Screening and Immigration and Citizenship Screening.
Federal Court of Canada Its Jurisdiction among other includes: immigration, citizenship, customs, transportation, Federal legislation provides a specific right of appeal or review in the Federal Court of Canada.
Legal Representative A representative is someone who has your permission to conduct business on your behalf with Citizenship and Immigration Canada (CIC) and the Canada Border Services Agency (CBSA).
Unpaid representatives: friends and family, organizations that do not charge a fee, consultants, lawyers and Québec notaries who do not, and will not, charge a fee to represent you.
Representatives (cont’d) Paid representatives: Must be authorized as immigration consultants who are members in good standing of CSIC, Lawyers who are members in good standing of a Canadian provincial or territorial law society. Notaries who are members in good standing of the Chambre des notaires du Québec. and students-at-law under their supervision. If you appoint a paid representative who is not a member of these designated bodies, your application will be returned.
a) Temporary Residence Applications For a person who is not a Canadian citizen or a permanent resident of Canada is an official document issued by a visa office abroad that is placed in your passport to show that you have met the requirements for admission to Canada as a temporary resident. A valid temporary resident visa is not a guarantee of entry into Canada because the entry to Canada is a privilege not a right
Requirements for a temporary visa Satisfy an officer that you will leave Canada at the end of your employment; Satisfy an officer that you will leave Canada at the end of your employment; Show that you have enough money to maintain yourself and your family members in Canada; Show that you have enough money to maintain yourself and your family members in Canada; Be law abiding and have no record of criminal activity (you may be asked to provide a Police Clearance Certificate); Be law abiding and have no record of criminal activity (you may be asked to provide a Police Clearance Certificate); Not be a risk to the security of Canada; Not be a risk to the security of Canada; Be in good health (complete a medical examination, if required); Be in good health (complete a medical examination, if required);
(b) Visiting Canada This is designed for persons who wish to visit Canada and they are from countries whose citizens need a visa to do so. You must obtain a temporary resident visa before your departure. You cannot obtain it upon arrival in Canada.
(c) Work permit Is a written authorization to work in Canada issued by an officer to a person who. It is valid only for a specified job and length of time. It is issued based on labour market opinion (HRSDC confirmation). You can apply for your work permit as soon as you receive written evidence of your job offer or contract of employment or as soon as you receive an HRSDC confirmation.
Common HRDC Confirmation-Exemption Categories of Work without work permit: Entrepreneurs, Company Transfers, Exchange Programs, Students Doing Co-op, Spouses and common-law partners of skilled foreign workers/of certain foreign students, employment for certain foreign students and post-doctoral fellows. Religious Work, Certain persons who need to support themselves while they are in Canada for other reasons such as: refugee claimants, Convention Refugees, Protected Persons and H&C. Trade Agreements: North American Free Trade Agreement, Canada-Chile Free Trade Agreement and General Agreement on Trade in Services
(d) Studying in Canada If you are not a Canadian citizen, a permanent resident of Canada or a family member of a foreign representative accredited to Canada or a member of the armed forces of a designated country You must obtain a study permit to study in Canada if you have been accepted by an educational institution. If you are not a citizen of the country in which you are applying, you must provide proof of your present immigration status in the country of application ; New rules for working in Canada
A study permit is not needed for: any program of study that is six months or less that can be completed within the period authorized upon entry into Canada; any program of study that is six months or less that can be completed within the period authorized upon entry into Canada; courses that are not academic, professional or vocational in nature that can be completed within the period authorized upon entry into Canada; courses that are not academic, professional or vocational in nature that can be completed within the period authorized upon entry into Canada; courses included in tour packages as a secondary activity for tourists; courses included in tour packages as a secondary activity for tourists; nursery schools or kindergartens nursery schools or kindergartens
(e) Live-in Caregivers is valid for one year, and you must renew it before it expires. are individuals who are qualified to work without supervision in a private household providing care for children, elderly persons or people who have disabilities. The live-in caregiver must live in the employer's home. You are authorized to work only for the employer named on your permit but you can change employers for personal or other reasons with CIC approval.
f) Seasonal Agriculture Workers Allows the organized entry of foreign workers to work in agricultural labourer occupations in Canada. CIC issues a work permit for no more than 8 months. Was developed by HRSDC and CIC in cooperation with agricultural producers and different countries including Mexico, several Commonwealth Caribbean and Central American countries. Provinces involved: British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick, Nova Scotia and Prince Edward Island. British ColumbiaBritish Columbia The worker most return every year to his/her country of origin. There is not possible to become permanent resident.
(g) Skilled Worker Class are persons who may become permanent residents because they are able to become economically established in Canada. The general criteria are: meet the minimum work experience requirements (there are no restricted occupations at this time); prove that they have the funds required for settlement; earn enough points in the six selection factors to meet the pass mark
(h) Business Class Business immigrants are people who can invest in, or start businesses in Canada and are expected to support the development of the Canadian economy. The Business Immigration Programs seek to attract people experienced in business to Canada. There are three classes of business immigrants: Investors: a minimum net worth of CDN $800,000 and make an investment of CDN $400,000. Entrepreneurs: a minimum net worth of CDN $300,000 and are subject to conditions upon arrival in Canada. Self-employed persons: Self-employed persons must have the intention and ability to create their own employment.
(I) Provincial Nomination Most provinces in Canada have an agreement with the Government of Canada You must first apply to the province where you wish to settle. The province will consider your application based on their immigration needs and your genuine intention to settle there. After you have been nominated by a province, you have to make a separate application to Citizenship and Immigration Canada (CIC) for permanent residence.
List of Provincial Nominees Programs Alberta Alberta Manitoba Manitoba Newfoundland and Labrador Newfoundland and Labrador Newfoundland and Labrador Prince Edward Island Prince Edward Island Prince Edward Island Yukon Yukon British Columbia British Columbia British Columbia New Brunswick New Brunswick New Brunswick Nova Scotia Nova Scotia Nova Scotia Saskatchewan Saskatchewan
Barriers some newcomers face: Non-recognition of international credentials and work experience; Lack of Canadian work experience; Inability to communicate in English or French; Insufficient labour market information prior to immigrating to Canada; Federal government approves the immigrant but the provinces and territories are responsible for the labour market and regulating trades and professions
Convention Refugee and Protected Persons Definition Well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion Faces torture if he/she is returned to their country of origin (Convention Against Torture) (Risk) Would be subject to cruel and unusual treatment or punishment
What is Hardship? a hardship not anticipated by the Canadian Immigration Act or Regulations. A hardship as a result of circumstances beyond the control of the applicant. hardship or unbalanced impact on the applicant due to personal circumstances.
Temporary Stay under humanitarian criteria: person in Canada trying to become a permanent resident The application provided a legal stay during its processing time
Refugee Claimant: an inland claim for protection as a refugee which begins with the submission of the Personal Information Form which is the most important part of your refugee claim. Pre-Removal Risk Assessment Applicant: Not an appeal, the PRRA is an avenue for those rejected claimants who would face a serious risk if they were returned home.
Temporary Stay (cont’d): Stay of Removal before the Federal Court by applying to the Federal Court. A certified Department of Justice lawyer is required. This motion is not an appeal, but for cases where very compelling, almost emergency circumstances have arisen. Temporary Resident Permit authorizes a person who is inadmissible or does not meet the requirements of the IRPA and CIC has suspended enforcement action for the duration of your TRP.
Permanent Resident application from abroad under humanitarian criteria
Resettlement of Refugees: refugees may be sponsored by the federal government, private groups, or have adequate financial resources to support themselves and their families. Applications are referred by the United Nations High Commissioner for Refugees (UNHCR) or are accompanied by a private sponsorship.
In order to be eligible for resettlement from abroad: Persons must be Convention Refugees Abroad, or Humanitarian-Protected Persons Abroad in either: the Country of Asylum Class or the Source Country Class
Convention Refugee Abroad 1. Must have a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion, and a) be outside your country of nationality or b) if you have no country of nationality, be outside your country of former habitual residence and 2. have not ceased to be a refugee, and 3. there must be no reasonable prospect within a reasonable period of time, of a durable solution.
The Country of Asylum Class Canada's response to the resettlement needs of people in refugee-like situations who do not qualify as Convention refugees. Must have received a private sponsorship for yourself and your family members, or Be able to establish, to CIC satisfactions, that you have sufficient financial resources to provide for the lodging, care and maintenance, and resettlement in Canada of yourself and your family members, and There must be no reasonable prospect, within a reasonable period of time, of a durable solution.
Members of the Source Country Class To qualify under this class: Your country of nationality or habitual residence (home country) must be Colombia, Democratic Republic of the Congo, El Salvador, Guatemala, Sierra Leone or Sudan (this list of countries is subject to change) and you must meet the Convention refugee definition with the exception that you are living in your country of nationality or habitual residence (home country), and there must be no reasonable prospect, within a reasonable period of time, of a durable solution.
Types of sponsors: Federal government Private sponsors Community Sponsors: An organization, association, or corporation. Group of 5: groups of five of more Canadians or permanent residents who wish to sponsor refugees coming to Canada.
Sponsors (cont’d) Sponsorship Agreement Holders and Constituent Groups: religious, ethnic, community or service organizations which have signed an agreement with the Minister, and are already approved to sponsor refugees. Joint Assistance Sponsorship: a joint undertaking by the sponsoring group and Citizenship and Immigration Canada to sponsor a refugee(s) requiring special assistance and whose admissibility depends upon the additional support of a sponsor.
Family sponsor or Family Class (from outside) Canadian citizens and permanent residents living in Canada, 18 years of age or older, may sponsor close relatives or family members who want to become permanent residents of Canada. Sponsors must promise to support the relative or family member and their accompanying family members for a period of 3 to 10 years to help them settle in Canada.
You can sponsor relatives or family members from abroad if they are: spouses, common-law or conjugal partners 16 years of age or older; parents (can apply to visit Canada while application in process) and grandparents dependent children, including adopted children; children under 18 years of age whom you intend to adopt; children under guardianship; brothers, sisters, nephews, nieces or grandchildren who are orphans; under the age of 18 and not married or in a common-law relationship; or one relative of any age if you do not have an aunt, uncle or family member from the list above who you could sponsor or who is already a Canadian citizen, Indian or permanent resident.
H&C at Canadian Embassies abroad CIC consider whether there are exceptional reasons why you should be allowed to come to Canada. It is important to understand that this program is exceptional. Only a very small percentage of people who apply for this consideration are successful. Unlike for those making (H&C) applications inland, there are no special forms for making an H&C application overseas. Instead, you must fill out and submit the usual forms for your class of immigration (family, economic & refugee).
Permanent Resident Application From within Canada
Spouse or Common-Law Partner in Canada Class from within Canada and since February 18, 2005, the legal immigration status is no longer a requirement for spouses and common-law partners of Canadian citizens and permanent residents in Canada providing that they have an eligible sponsor. Sponsorship of a spouse or common-law partner includes their dependent children whether inside or outside of Canada
Applying as Protected Persons and Convention Refugees Protected Persons (decided by IRB & CIC). Positive Decision from PRRA and are eligible Member of the Protected Temporary Residents Class (PTRC): are individuals admitted to Canada on a temporary resident permit or Minister’s permit for protected reasons and who have been determined to be in urgent need of protection by a visa office.
Applying as Temporary Resident Permit Holder Is in Canada on a valid temporary resident permit and wishes to apply for permanent residence. Must have lived continuously in Canada as permit holders for a minimum of three to five years
Applying on Humanitarian and Companionate grounds (H&C) If you are already in Canada and you face exceptional circumstances, you may obtain a permanent resident visa from inside Canada. To qualify: must prove that your hardship is a result of circumstances beyond your control. family member in Canada may submit a financial undertaking Submitting an application will not prevent your removal from Canada and there is no guarantee that your application will be approved. Submitting an application will not prevent your removal from Canada and there is no guarantee that your application will be approved.
Immigration Enforcement Policy and Implementation and Management Overseas and at the Borders:
The who and the how Governments are entitled to decide who enters their territory They make the rules and they enforce them by: Defining a process to determine who is eligible Defining a process to determine who is eligible Checking persons and documents Checking persons and documents Preventing people from coming Preventing people from coming Removing those who have no right to be here Removing those who have no right to be here
Enforcement and Security USA national security was a priority before September 2001. Generalized national security is the norm after. Present-day discourse characterized by harmonization of Canada with the United States around the national security of the Americans.
Interdiction: The governments of migrants/refugee- receiving countries measures to prevent them from reaching their borders include: the imposition of a visa requirement; blocking of “suspicious” foreigners in airports or points of departure by immigration officials or the transportation company;
Interdiction (cont’d) training on how to detect false documents and how to identify “suspicious” foreigners; application of sanctions against transportation companies for allowing foreigners to arrive in the country without adequate documentation for entry; agreement to send back “suspicious” foreigners from the airports of the interdicting country;
Interdiction (cont’d) “deterrence” measures against foreigners on their arrival; “safe third country”; agreement between countries to prevent the transit of migrants through their territory en route to the interdicting country; to block flows of refugees in “international security zones” created in the territory of the country being fled.
The front-end process: interviews, security and criminality checks, searches, photographs and fingerprints, taking away documents Volunteer departures Direct Backs Detention (If it is not possible to complete this process or you are inadmissible.
Detention: If you are a permanent resident or a foreign national you may be detained at a port of entry or anywhere in Canada when you try to enter Canada. No warrant is necessary for this type. There are two possible reasons if an officer : 1) has a reason to suspect that you are inadmissible for reasons of security or for violating human or international rights. 2) considers it necessary to do so in order to complete the examination.
The Factors considered to detain someone: Flight risk: unlikely to appear for examination; an admissibility hearing; removal from Canada; is a danger to the public; or is a foreign national whose identity has not been established. Canadian authorities agree that children (people under 18) should only be detained as a “last resort”.
In practice you are detained if: You are a failed Refugee Claimant, You are a Refugee Claimant with no Identification, You have overstayed your visitor’s visa, You have been refused entry as a visitor
Detention Reviews A Member of the Immigration Division of the IRB must review your case within 48 hours and decide if there is a valid reason to continue your detention (it could be a bit more than 48 hours if you were detained on a weekend). Another detention review must be held 7 days after that. If you remain in detention, another review must be held 30 days later, and every 30 days after that.
Removals An enforced departure order is prescribed as a circumstance that relieves a foreign national from having to obtain authorization to return to Canada. Exclusion order obliges the foreign national to obtain a written authorization in order to return to Canada during the one-year period after the exclusion order was enforced. Deportation order obliges the foreign national to obtain a written authorization in order to return to Canada at any time after the deportation order was enforced.
What does enforcement put at risk? liberty as a fundamental principle; the dignity of all persons; the integrity of the due process; fundamental rights; Canada's compliance with it’s international human rights obligations.