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  • IMMIGRATION

    Presented by:

    Me Herbert Brownstein &Me Mitchell Brownstein

  • INTRODUCTION

  • INTRODUCTIONThis Seminar will try to provide:

    A general presentation of the immigration programs

    Canadian citizenship

    A short presentation of immigration juridictions and the pertinent jurisprudence.

  • GLOSSARYI. Temporary immigration program

    II. Permanent immigration program

    III. Canadian citizenship process

    IV. Judicial jurisdiction: The Dragon Case

  • I. TEMPORARY IMMIGRATION CATEGORIES

  • A. Working in CanadaA work permit is usually required to work temporarily in Canada.

    If the applicant wants to work in the Province of Qubec he also has to get a Qubec Acceptance Certificate.

    The application can be filed from inside Canada, from outside or even on ones arrival in Canada, depending on the circumstances.

  • Categories exempt from Work PermitsAthletes and coachesAviation accident or incident investigatorsBusiness visitorsCivil aviation inspectorsClergyConvention organizersCrew membersEmergency service providersExaminers and evaluatorsExpert witnesses or investigatorsForeign government officers

    Family members of foreign representativesForeign representativesHealth-care studentsJudges, referees and similar officialsMilitary personnelNews reporters, film and media crewsPerforming artistsPublic speakersStudents working on campus

  • A. Working in Canada

  • 1. The Labour Market Opinion (LMO)

    2. The NAFTA

    3. Intra-company transfers

    4. The Live-in Caregiver program

    A. Working in Canada

  • 1.The Labour Market Opinion (LMO)

    Every year, Canadian employers hire foreign workers to help address skill and labour shortages.

    In most cases, the employers must file an application for LMO.

    The purpose of the LMO is to assess the impact of the foreign worker in the Canadian labour market.

    A. Working in Canada

  • 2. The NAFTA (North American Free Trade Agreement)Members: Canada, USA and Mexico

    Deals with temporary admission of businessmen and professionalsCreates one of the worlds largest free trade zonesEncourages economic growth and rising prosperitybusinesspeople/visitorsnegotiate the sale or purchase of goods and servicesMarket and provide after-sales services.

    Example : Business visitors from the USA or Mexico can enter Canada to sell their goods or services.

    A. Working in Canada

  • 3. Intra-company transfers Conditions:

    The applicant must have a letter from a company which is carrying on business in Canada which identifies the holder as an employee of a branch, subsidiary or parent of the company located outside of Canada;He must seek entry to Canada to work in an executive or managerial position or have specialized knowledge and have an intention to work for a temporary period;A written job offer from a senior officer of the Canadian Company, addressed to the CIC is required;The applicant must prove that they have been working for the foreign company for at least 1 year in the 3 years preceding the application.

    A. Working in Canada

  • 4. The Live-in Caregiver program

    Live in caregivers are individuals who are qualified to provide care for children, elderly persons or persons with disabilities in private homes without supervision.

    They must live in the private home where they work in Canada.

    A. Working in Canada

  • 4. The Live-in Caregiver program

    Eligibility conditions:

    A positive LMO from an employer in Canada;A written contract with the applicants future employer signed by both employer and employee;Successful completion of the equivalent of Canadian Secondary School education;At least 6 months training or 1 year of full time work experience as a caregiver;Good knowledge of English or French;A Work Permit issued before entering Canada.

    A. Working in Canada

  • 4. The Live-in care giver program

    A. Working in Canada

  • Canada has one of the best educational systems of the world.

    Every year, thousands of students come from other countries to go to Canadian schools, colleges or universities.B. Studying in Canada: Study Permit

  • First, the student must be accepted in an educational establishment in Canada.

    After that, he must obtain a study permit if he wants to register in a program that lasts longer than 6 months.

    He will have to provide his acceptance letter and prove that he has sufficient funds for:School feesLiving expenses (for him and any dependents who come with him)Transport expenses (trip back, )

    B. Studying in Canada: Study Permit

  • Every year, more than 5 million people visit Canada to enjoy the many opportunities our country has to offer ;

    To visit Canada one must: Has a valid travel document, such as a passport; Be in good health; Satisfy an immigration officer that he has ties to his home country, such as a job, home and family, that will require that he returns to his country of origin; Satisfy an immigration officer that he will leave Canada at the end of his visit; and Has enough money for his stay.

    C. Visiting Canada: Visitor Visa

  • Depending on ones nationality, one may have to apply for a Temporary Resident Visa before entering into Canada.

    The Visitor Visa does not allow individuals to work or study in Canada. The Visitor Visa is valid for six months from the date of entry to Canada.

    If he wishes to extend his visitor status, he must apply 30 days before the expiration of the visa for an extension.

    In case of a family visit, each member must file a separate application.

    C. Visiting Canada: Visitor Visa

  • II. PERMANENT IMMIGRATION PROGRAM

  • II. PERMANENT IMMIGRATION PROGRAMS

  • A. Humanitarian and compassionate groundsIf one believes their situation merits humanitarian and compassionate considerations, they must clearly outline those reasons in their application.

    Applications for permanent residence made on humanitarian and compassionate grounds are only approved in exceptional circumstances and it could take many years to process an application.

    If the applicant has to leave Canada, his application will still be processed.

  • A. Humanitarian and compassionate groundsAny person can ask to stay in Canada for motives of humanitarian concern.

    Usually, Humanitarian and Compassionates grounds can be found in two different situations:

    Hardships

    Risks

  • A. Humanitarian and compassionate grounds

    Hardships

    Situations that would cause problems of serious suffering;Medical Hardships for the applicant or his family.

    Refusals can be reviewed by the Federal Court of Canada.

  • A. Humanitarian and compassionate grounds

    Risks

    The applicant must show that if he is forced to go back to his country of origin, he will face torture, persecution, cruel treatment or that his life is in danger.

  • B. The Refugee programA refugee is someone who is out of his country of origin or of habitual residence and who is not able to go back there because of persecution related to:

    His race;His religion;His political opinions;His nationality;His belonging to a social group.

  • B. The Refugee programA person needing protection is someone who is in Canada and who fears going back to his country of origin or of habitual residence for the following reasons:

    Risk of being tortured; Risk to his life; Risk of cruel and unusual treatment or punishment.

    Canada provides protection to thousands of people every year and offers refugee protection.

  • B. The Refugee program

  • C. SponsorshipsA Canadian Citizen or permanent resident may sponsor the following individuals to come to Canada as permanent residents:

    Her/his spouseHer/his common-law partner orHer/his conjugal partner orHer/his dependent childrenHer/his parents or grandparents

    Both the sponsor and his relative must meet certain criteria.

    Applicants for permanent residence must go though medical and criminal background screening.

  • The relationship between the Sponsor and the Sponsored Person must be one of the following:

    Spouse, common-law partner, or conjugal partner; orParent or grandparent; orDependent child; orBrother, sister, nephew, niece, or grandchild who is orphaned, under 18 years of age and not married or in a common-law relationship; orIntended adopted child under 18 years of age; orOther relative, if the Sponsor has no relative listed above and no relatives who are Canadian citizens or Canadian Permanent Residents (limited to one relative only).C. SponsorshipsThe Family class sponsorship

  • Federal skilled workers and professionals

    Skilled workers are selected as permanent residents based on:

    Their educationTheir work experienceTheir knowledge of English and/or FrenchOther criteria (which help them become economically established inCanada)

    The applicant must also show that he has enough money to support himself and his dependants after he arrives in Canada.

    D. Skilled workers and professionals

  • Federal skilled worker applications are assessed for eligibility according to the following criteria:

    Based on the results of their official language proficiency testANDBased on having a valid offer of employment or arranged employment, ORBased on having one year of continous full time paid work experience in at least one of the occupations listed in the next slide.D. Skilled workers and professionals

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