Immigration Test #2

applications for PRV made outside of Canada

- Generic PR application and forms - initial in-Canada Screening - Visa officer eligibility assessment - admissibility checks - vis officer interview - confirmation of permanent residence - Arrival to Canada admitted as permanent resident - permanent residence condition (for some)

International Agreements (acronyms) NAFTA, GATS, CCFTA, CPFTA, CCFTA

- North American Free Trade Agreement — NAFTA - General Agreement on Trade in Services — GATS - Canada-Chile Free Trade Agreement — CCFTA - Canada-Peru Free Trade Agreement — CPFTA - Canada-Colombia Free Trade Agreement — CCFTA

employers of SAWP must

- Offer the same wages paid to Canadian agricultural workers doing the same work - Pay airfare to and from Canada - Provide free seasonal housing - Pay visa application fee for the worker - Provide workplace safety insurance coverage

employers are not allowed to:

- Prevent the FW from leaving the work site after work - Remove a passport or work permit - Physically, sexually, or psychologically abuse the FW Threaten the FW - Coach the FW into misleading CIC and other Canadian authorities

employment contracts between employer and applicant must include

- Transportation to location of work and from Canada - Medical insurance coverage from the date of arrival - Workplace safety insurance coverage - All recruitment fees - Job duties - Hours of work - Wages - Accommodation/room and board, if applicable - Holiday and sick leave entitlements - Termination and resignation terms

TR admission process

- application in writing prior to arrival or orally at port of entry - visa officer assessment or CBSA (port of entry) - Temporary Visa or visitor record issued (POE) - admitted as a TR - Comply with conditions of visa and leave before or by period authorization.

Overcoming criminal inadmissibility

- applying for rehabilitation - you may be deemed to have been rehabilitated if at least ten years have passed since you completed the sentence imposed upon you, or since you committed the offence, if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than ten years. - If the offence is one that would, in Canada, be prosecuted summarily, and if you were convicted for two (2) or more such offences, the period for rehabilitation is at least five (5) years after the sentences imposed were served or are to be served.

Appeals to PR status changes/revoktion

- authorized by IRPA s. 63 - made the immigration Appeal Division of the IRB - for failure t meet residency obligations - for being the subject of a removal order for being inadmissible

When no LMIA is required

- business visitors (engage in international business activities in Canada, do not directly enter the Canandian labout market, primary source of income is outside Canada, exempt from work permit) - Business person in Canada ( pre-arranged entry into Canadian Labour Market, includes FW under international agreements, may be emept from work permit) - Intra-company transfers (for executive, senior managerial, or specialized knowledge employees who are involved in multinational companies assisting with a company's operations of a Canadian parent, subsidiary, branch, or affiliate company

IMP - international mobility program

- business visitors and professionals - intra-company transfers - exempt from LMIA requirments

Criminal inadmissibility

- convicted of an offence in Canada, - convicted of an offence outside of Canada that is considered a crime in Cananda - committed an act outside of Canada that is considered a crime under the laws of the country where it occurred and would be punishable under Canadian law

caregiver eligibility

- education - training and work experience within the past three years - language skills - positive LMIA - employment contact - not be inadmissible

classes of Permanent Entry

- family classes -economic classes - humanitarian and compassionate considerations class

PRV

Permanent Resident Visa

what section of the !RPR requires the application to be assessed

s. 11

Exemptions to TRV (temporary resident visa)

travelers of certain nationalities (australia or france), using certain documents ( dipolmat's passport), and certain purposes of entry(airline passengers landing in Canada for re-fueling)

SAWP workers are permitted to work in Canada for

up to 8 months between January 1 and December 15

applications make within Canada process

- generic Permanent residence application and form - case processing centre eligibility assessment by an immigration officer - extended temporary status (if required) - admissibility checks - interviews with CIC - confirmation of Permanent residence

TFWP: Four Streams

- high wage positions: high skilled occupations(management, professional, scientific, etc.) - low wage positions: low-skilled occupations (general-labourers, food counter attendant, sales, etc.) - caregiver program: a program for foreign caregivers who are hired to provide in-home care to children, seniors, or persons with certified medical needs - primary agricultural stream: general farm workers, nursery and greenhouse workers, feedlots workers, and harvesting laborers including SAWP)

Restore Statue after expiration of TRV

- holder must not have left Canada - must apply withing 90 days of restoration - must include explanation for the failure to comply

Upon arrival of POE, the officer must be satisfied that a person

- holds a PR visa (CORP) - has come to Canada to establish permanent residence - is not inadmissible

are you inadmissible? Absolute of conditional discharge:

- if the offence occurred in Canada you are NOT inadmissible - if the offence occurred outside of Canada, you may be inadmissible

are you inadmissible? Charges withdrawn or dismissed:

- if the offence occurred in Canada you are NOT inadmissible - if the offence occurred outside of Canada, you may be inadmissible

are you inadmissible? Pardon Granted

- if the offence occurred in Canada you are NOT inadmissible if you were pardoned under the Criminal Records Act in Canada - if the offence occurred outside of Canada, you may be inadmissible, if you are inadmissible you must provide all legal documentation including law to the officer to determine whether or not you are inadmissible.

Extending a TRV

- must apply to extend status - extension must be applied for while still in status -TRV holder should apply at least 30 days before the visa expired. - expired TRV holders are not eligible for an extension

Employer requirements when hiring outside Canada

- must demonstrate extensive efforts have been made to find suitable Canadian or PR candidates and that none are available - employment contract - LMIA (if applicable) and/or employer Compliance Review

Residency obligation

- must physically reside in Canada 730 days out of every 5 years - time outside canada may be counted except for - accompanying a Canadian citizen who is their spouse or common-law - employment purposes - accompanying a PR who is their spouse or common-law

you can loose your PR status when a PR

- obtains Canadian citizenship - fails to comply with residency obligations (s.28) - is subject to an enforcer;e removal order - is subject to a final determination that they are not refugees or not entitled to protection - voluntarily renounced PR

Caregiver Program

- optional live-in requirement - inadmissible family members may accompany a caregiver who has enough money to support them in Canada - caregivers are eligible to apply for PR within Canada after completing at least 24 months of full-time employment in 4 years from date of arrival -applicants can include spouses and dependents on PR applications

Foreign Nations may apply:

- outside Canada at a visa office - by oral application ( at POE) - in Canada at a specified immigration office

Documents that are NOT considered reliable and can NOT be used to enter canada

- passport supposedly issued by Somalia - non-machine readable Passports by the Czezh Republic - temporary passports issued by the republic of South Africa - Provisional passports issued by Venezuela

who requires a medical examination?

- people who will work in occupations where the protection of public health is essential - have resided or sojourned for six or more consecutive months in a designated country or territory during the one year immediately before seeking entry to Canada - have applied for a Parent or Grandparent Super Visa and plan to stay for more than six months.

what is a PR card

- proof of immigration status - valid for 5 years and renewable - card is property of the crown and can be revoked when/if: a new card is issued, c change of status occurs, card is lost or stolen or destroyed, death.

applying for a work permit

- receive a genuine job offer - receive approval fro ESDC - show compliance wth job requirements - Show ability to perform the work that is offence in the employment contract - show ability to be self-supporting, including family, pass CIC medical examination if required

conditions for a FW to continue working in Canada with an expired work permit

- renewal made before the original work permit expired - FW has remained in Canada since the expiry of the work permit - FW continues to comply with the work permit conditions

Foreign Nationals Must:

- show intent to leave Canada at the end of their stay - pay the required procession fees - have a valid passport or similar doc - possible medical examination - not be inadmissible

Super Visa Child/ Grandchild

- similar to family sponsorship obligations: host must meet a minimum income threshold according to the low income cut-off (LICO) table. - a letter of invitation including details of the number of members in the family unit.

Written and Oral Application/ the applicant must

- tell the truth - produce any relevant documents - provide a specific document depending on class of TRV - be eligable under one or more of the classes of TRV

IRPA penalties for employers

- unauthorized to work in Canada, face fines of up to $50,000 and up to 2 years in prison - fine of up to $100,000 and 5 years in prison if an employer knowingly, aids or abets or attempts any person to make a misrepresentation in the immigration process or who knowinignly makes a misrepresentation in the immigration process

2 types of open work permits

- unrestricted : issued to FN who has passed medical exam, applicant is permitted to work in any occupation, for any employer at any locations - restricted: issued to FN who has NOT passed a medical exam, applicant is permitted to work for an unspecified employer, but the occupation is restricted for public health reasons or owing to the applicant's medical conditions

Temporary Resident Classes

1. Visitor: no visa/ visa/ parent or grandparent super visa 2. Student: study permit/ special programs 3.Workers: work permit/ special programs/ trade agreements 4. Permit Holder Class: before admission/ after admission

caregiver program streams

1. caregivers for children under the age of 18 2. caregivers for people with high medical needs

Obtaining a work permit process

1. genuine job offer, signed contract with employer 2. receive positive LMIA from ESDC/ Service Canada 3. Apply for work permit and TRV 4. Pay application fee and biometric fee (for some) 5. Assessed by visa officer as not inadmissible 6. Issued a TRV/ work permit and letter of introduction for the port of entry

GATS

160 member nations, each has its own commitments to other nations, and unique rules for the entry of professionals

exceptions to work permits

Business visitors Diplomats Foreign athletes Military personnel Crew members Clergy Performing artists (Note: not all of them!) Public speakers News reporters Expert witnesses, examiners, and evaluators Students engaging in part-time work on campus

CORP

Confirmation of Permanent Residence which is given to an applicant of a PRV if they re eligible and then the holder will undergo examination at the port of entry.

ESDC

Employment and Social Development Canada

LMIA

Labour Market Impact Assessment - a document that an employer in Canada must usually get before hiring a foreign worker. - employer must apply to ESDC for permission to hire a foreign worker ($1000 per employee)

MEV

Multiple-entry Visa: Allows multiple visits of up to 6 months; can be valid of 10 years

IFTA - international free trade agreements

NAFTA, GATS, the Canada-Chile Free Trade Agreement, etc..

are you inadmissible? Convicted as a Juvenile

NOT inadmissible if: you were convicted under the Young Offenders Act or the Youth Criminal Justice Act (unless you received an adult sentence) - were treated as a young offender in a country which has special provisions for young offenders or were convicted in a country which does not have special provision for young offenders but the circumstances of your conviction are such that you would not have received an adult sentence in Canada INADMISSIBLE: if you were convicted on adult court in a country that has a special provision for young offences. or convicted in a country that does not have special provisions for young offenders but the circumstances of your conviction are as such that you would have been treated as an adult in Canada

SAWP

Seasonal Agricultural Worker Program

SEV

Single-entry visa: allows a single visit, purpose may be a one-time event

SV

Super Visa: for parents and grandparents; allows multiple visits for up to 2 years, can be valid for 10 years - medical exam is REQUIRED - applicant must show proof of Canadian medical insurance coverage (at least 1 year, min $100,000 coverage,a nd valid for re-entry) - applicant must proof relationship to PR

TFW

Temporary Foreign Worker

TFW

Temporary Foreign Workers - engaged in paid work activities - authorized to enter and remain in Canada for a limited period -fill temp labour and skill shortages when qualified Canadian citizens or OR's are not available. - or come under international agreement

TFWP

Temporary Foreign Workers Programs - lets employers hire foreign workers to fill temporary labour and skill shortages - generally a TFW needs a work permit and a LMIA

eligible to apply for rehabilitation

offence less than max 10 year jail = 5 years after completion of the sentence imposed offence more than 10 years jail = 5 years after completion of the sentence imposed

Application to ESDC

officer assesses the genuineness of the job offer, determine whether the employment to the TFW is likely to have a positive or negative impact on Canada's labour market, conduct an employer compliance review and issues an LMIA if no Canadian or PR available to fill the job

open work permit

open work permits are not linked to specific jobs, employers or locations, some may ave restrictions thought

TV

Travel Visa: issued to travel through Canada; some FN may qualify for transit without a vise (china transit program)

letter of invitation

a requirement for a super visa applicant - must be from a Canadian citizen or PR host and include: - host's status - hosts relationship to the applicant - size of household/ family - hosts job title and financial ability to support applicant

work permit

a written authorization issued by an officer that allows a foreign national to engage in employment in Canada. they are linked to specific jobs, employers and locations

if you have 2 or more summary convictions in Canada, you may no longer be inadmissible if...

at least 5 year has passed since all sentences imposed were served or to be served.

what is required to overcome inadmissibility if you have convictions in Canada and convictions or offences outside of canada

both an approval of rehabilitation and a pardon

Biometric information

citizens from certain countried must provide biometric information (IRPR s.12.1)

driving prohibitation

count 5 yeara from the end date of the prohibition.

suspended sentence

count 5 years from date of sentence

imprisonment and parole

count 5 years from the completion of parole

suspended sentence with a fine

count 5 years from the date the fine was paid

imprisonment without parole

count 5 years from the end of the term of imprisonment

probation

is part of the sentence, count 5 years from the end of the probation period

PR has _______ rights and obligations than temporary residents but _________ fewer rights than Canadian citizens

more ( right to live work and study, enter and remain in Canada, must pay taxes) / fewer (may not run for political office, and may not vote)

TR: Temporary Resident

not defined in the IRPA, however the law states that all foreign nationals must apply for and obtain a visa before appearing at a port of entry.

deemed rehabilitated if

offence less than 10 years max jail time = at least ten years after completion of the sentence imposed Offence more than 10 years max jail time = not applicable.

work permit extensions

renewal application must be made at least 30 days before the expiry of the current TRV and/or work permit - can be extended up to a total of 4 years followed by a period of 48 months of ineligibility

RPRF

right of permanent resident fee - principle applicant $475 dependent children are exempt ($150) - fee is refundable is no PR visa is issued