Introduction to the Introduction to the Economic, Humanitarian Economic, Humanitarian and Social Objectives of and Social Objectives of

IRPAIRPA

Economic: Economic:

To permit Canada to pursue the maximum To permit Canada to pursue the maximum social, cultural and economic benefits of social, cultural and economic benefits of immigration; immigration;

To support the development of a strong and To support the development of a strong and prosperous Canadian economy, in which the prosperous Canadian economy, in which the benefits of immigration are shared across all benefits of immigration are shared across all regions of Canada;regions of Canada;

To facilitate the entry of visitors, students and To facilitate the entry of visitors, students and temporary workers for purposes such as trade, temporary workers for purposes such as trade, commerce, tourism, international understanding commerce, tourism, international understanding and cultural, educational and scientific activities.and cultural, educational and scientific activities.

Social:Social: To enrich and strengthen the social and cultural To enrich and strengthen the social and cultural

fabric of Canadian society, while respecting the fabric of Canadian society, while respecting the federal, bilingual and multicultural character of federal, bilingual and multicultural character of Canada; Canada;

To support and assist the development of minority To support and assist the development of minority official languages communities in Canada; official languages communities in Canada;

To promote the successful integration of permanent To promote the successful integration of permanent residents into Canada, while recognizing that residents into Canada, while recognizing that integration involves mutual obligations for new integration involves mutual obligations for new immigrants and Canadian society;immigrants and Canadian society;

To protect the health and safety of Canadians and To protect the health and safety of Canadians and to maintain the security of Canadian society.to maintain the security of Canadian society.

Humanitarian:Humanitarian: To promote international justice and security by To promote international justice and security by

fostering respect for human rights fostering respect for human rights To grant, as a fundamental expression of Canada's To grant, as a fundamental expression of Canada's

humanitarian ideals, fair consideration to those who humanitarian ideals, fair consideration to those who come to Canada claiming persecution;come to Canada claiming persecution;

To recognize that the refugee program is in the first To recognize that the refugee program is in the first instance about saving lives and offering protection instance about saving lives and offering protection to the displaced and persecuted; to the displaced and persecuted;

To fulfill Canada's international legal obligations with To fulfill Canada's international legal obligations with respect to refugees respect to refugees

To affirm Canada's commitment to international To affirm Canada's commitment to international efforts to provide assistance to those in need of efforts to provide assistance to those in need of resettlement;resettlement;

To facilitate reunification with family members in To facilitate reunification with family members in CanadaCanada..

Institutions involved with Institutions involved with refugees, humanitarian policies refugees, humanitarian policies

and enforcementand enforcement

Parliament of CanadaParliament of Canada

TThe House of Commons; the Senate; and he House of Commons; the Senate; and the Governor-Generalthe Governor-General. . The Parliament The Parliament oversees the Canadian Federal oversees the Canadian Federal Government work through its Standing Government work through its Standing CommitteesCommittees

Department of Immigration:Department of Immigration:

Admits immigrants, foreign students, visitors and Admits immigrants, foreign students, visitors and temporary workers who enhance Canada’s temporary workers who enhance Canada’s social and economic growth; social and economic growth;

Resettles, protects and provides a safe haven Resettles, protects and provides a safe haven for refugees; for refugees;

Helps newcomers adapt to Canadian society Helps newcomers adapt to Canadian society and become Canadian citizens; and become Canadian citizens;

Manages access to Canada to protect the Manages access to Canada to protect the security and health of Canadians and the security and health of Canadians and the integrity of Canadian laws.integrity of Canadian laws.

Canadian Border Services AgencyCanadian Border Services Agency Processes commercial goods, travelers, and Processes commercial goods, travelers, and

conveyances, conveyances, Identifies and interdicts high-risk individuals and Identifies and interdicts high-risk individuals and

goods; goods; Conducts secondary inspections of food and Conducts secondary inspections of food and

agricultural products imported by travelers at airports;agricultural products imported by travelers at airports; Conducts intelligence, such as screening visitors and Conducts intelligence, such as screening visitors and

immigrants and working with law enforcement immigrants and working with law enforcement agencies to maintain border integrity and ensure agencies to maintain border integrity and ensure national security; national security;

Engages in enforcement activities, including Engages in enforcement activities, including investigations, detentions, hearings, and removals; investigations, detentions, hearings, and removals; supports free trade negotiations; and conducts supports free trade negotiations; and conducts compliance audit reviews and dumping and subsidy compliance audit reviews and dumping and subsidy investigations. investigations.

Department of Justice Department of Justice

Its goal are: Its goal are: to ensure that Canada is a just and law-to ensure that Canada is a just and law-

abiding society with an accessible, efficient abiding society with an accessible, efficient and fair system of justice; and fair system of justice;

Promotes respect for rights and freedoms, the Promotes respect for rights and freedoms, the law and the Constitution law and the Constitution

Provides services and counsel to the Provides services and counsel to the government and its departments and government and its departments and agencies; agencies;

Canadian Security and Intelligent Canadian Security and Intelligent Services (CSIS)Services (CSIS)

Its dedicated to national security issues of interest Its dedicated to national security issues of interest for Canada and safeguarding its citizens. for Canada and safeguarding its citizens.

Its main objective is to investigate and report on Its main objective is to investigate and report on threats to the security of Canada. threats to the security of Canada.

CSIS security assessments fall into three main CSIS security assessments fall into three main program categories: Government Screening, program categories: Government Screening, Foreign Screening and Immigration and Citizenship Foreign Screening and Immigration and Citizenship Screening.Screening.

Federal Court of CanadaFederal Court of Canada

Its Jurisdiction among other includes: Its Jurisdiction among other includes: immigration, citizenship, customs, immigration, citizenship, customs, transportation, transportation,

Federal legislation provides a specific right Federal legislation provides a specific right of appeal or review in the Federal Court of of appeal or review in the Federal Court of Canada. Canada.

Legal RepresentativeLegal Representative

A representative is someone who has your A representative is someone who has your permission to conduct business on your permission to conduct business on your behalf with Citizenship and Immigration behalf with Citizenship and Immigration Canada (CIC) and the Canada Border Canada (CIC) and the Canada Border Services Agency (CBSA).Services Agency (CBSA).

Unpaid representatives:Unpaid representatives:

friends and family, organizations that do not friends and family, organizations that do not charge a fee, consultants, lawyers and charge a fee, consultants, lawyers and Québec notaries who do not, and will not, Québec notaries who do not, and will not, charge a fee to represent you.charge a fee to represent you.

Representatives (cont’d)Representatives (cont’d)

Paid representativesPaid representatives:: Must be authorized as immigration consultants Must be authorized as immigration consultants

who are members in good standing of CSIC, who are members in good standing of CSIC, Lawyers who are members in good standing of a Lawyers who are members in good standing of a

Canadian provincial or territorial law society. Canadian provincial or territorial law society. Notaries who are members in good standing of Notaries who are members in good standing of the the Chambre des notaires du Québec. Chambre des notaires du Québec.

and students-at-law under their supervision.and students-at-law under their supervision.

If you appoint a paid representative who is not a If you appoint a paid representative who is not a member of these designated bodies, your member of these designated bodies, your application will be returned.application will be returned.

Economic Objectives Economic Objectives of IRPAof IRPA

a) Temporary Residence a) Temporary Residence Applications Applications

For a person who is not a Canadian citizen or a For a person who is not a Canadian citizen or a permanent resident of Canadapermanent resident of Canada

is an official document issued by a visa office is an official document issued by a visa office abroad that is placed in your passport to show abroad that is placed in your passport to show that you have met the requirements for that you have met the requirements for admission to Canada as a temporary resident. admission to Canada as a temporary resident.

A valid temporary resident visa is not a A valid temporary resident visa is not a guarantee of entry into Canada because the guarantee of entry into Canada because the entry to Canada is a privilege not a right entry to Canada is a privilege not a right

Requirements for a temporary visaRequirements for a temporary visa

• • Satisfy an officer that you will leave Canada at Satisfy an officer that you will leave Canada at the end of your employment;the end of your employment;

• • Show that you have enough money to maintain Show that you have enough money to maintain yourself and your family members in Canada;yourself and your family members in Canada;

• • Be law abiding and have no record of criminal Be law abiding and have no record of criminal activity (you may be asked to provide a Police activity (you may be asked to provide a Police Clearance Certificate);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 Be in good health (complete a medical

examination, if required);examination, if required);

(b) Visiting Canada (b) Visiting Canada

This is designed for persons who wish to This is designed for persons who wish to visit Canada and they are from countries visit Canada and they are from countries whose citizens need a visa to do so. You whose citizens need a visa to do so. You must obtain a temporary resident visa must obtain a temporary resident visa before before your departure. You cannot obtain your departure. You cannot obtain it upon arrival in Canada.it upon arrival in Canada.

(c) Work permit (c) Work permit

Is a written authorization to work in Canada Is a written authorization to work in Canada issued by an officer to a person who. issued by an officer to a person who.

It is valid only for a specified job and length of It is valid only for a specified job and length of time. time. It is issued based on labour market opinion It is issued based on labour market opinion (HRSDC confirmation). (HRSDC confirmation).

You can apply for your work permit as soon as You can apply for your work permit as soon as you receive written evidence of your job offer or you receive written evidence of your job offer or contract of employment contract of employment

or as soon as you receive an HRSDC or as soon as you receive an HRSDC confirmation. confirmation.

Common HRDC Confirmation-Exemption Common HRDC Confirmation-Exemption Categories of Work without work permit:Categories of Work without work permit:

Entrepreneurs, Entrepreneurs, Company Transfers, Exchange Programs, Company Transfers, Exchange Programs, Students Doing Co-op, Students Doing Co-op, SpousesSpouses and common-law partners of skilled foreign and common-law partners of skilled foreign

workers/of certain foreign students, employment for workers/of certain foreign students, employment for certain foreign students and post-doctoral fellows.certain foreign students and post-doctoral fellows.

Religious Work, Religious Work, Certain persons who need to support themselves while Certain persons who need to support themselves while

they are in Canada for other reasons such as: refugee they are in Canada for other reasons such as: refugee claimants, Convention Refugees, Protected Persons and claimants, Convention Refugees, Protected Persons and H&C.H&C.

Trade Agreements: Trade Agreements: North American Free Trade North American Free Trade AgreementAgreement, , Canada-Chile Free Trade AgreementCanada-Chile Free Trade Agreement and and General Agreement on Trade in ServicesGeneral Agreement on Trade in Services

(d) Studying in Canada (d) Studying in Canada

If you are If you are not not a Canadian citizen, a permanent resident a Canadian citizen, a permanent resident of Canada or a family member of a foreign of Canada or a family member of a foreign representative accredited to Canada or a member of the representative accredited to Canada or a member of the

armed forces of a designated countryarmed forces of a designated country You must obtain a study permit to study in Canada if you You must obtain a study permit to study in Canada if you

have been accepted by an educational institution. have been accepted by an educational institution. If you are not a citizen of the country in which you are If you are not a citizen of the country in which you are

applying, you must provide proof of your present applying, you must provide proof of your present

immigration status in the country of applicationimmigration status in the country of application;; New rules for working in CanadaNew rules for working in Canada

A study permit is A study permit is not not needed for:needed for:

• • any program of study that is six months or less any program of study that is six months or less that can be completed within the period that can be completed within the period authorized upon entry into Canada;authorized upon entry into Canada;

• • courses that are not academic, professional or courses that are not academic, professional or vocational in nature that can be completed within vocational in nature that can be completed within the period authorized upon entry into Canada;the period authorized upon entry into Canada;

• • courses included in tour packages as a courses included in tour packages as a secondary activity for tourists; secondary activity for tourists;

• • nursery schools or kindergartensnursery schools or kindergartens

(e) (e) Live-in CaregiversLive-in Caregivers is valid for one year, and you must renew it is valid for one year, and you must renew it

before it expires. before it expires. are individuals who are qualified to work without are individuals who are qualified to work without

supervision in a private household providing supervision in a private household providing care for children, elderly persons or people who care for children, elderly persons or people who have disabilities. have disabilities.

The live-in caregiver must live in the employer's The live-in caregiver must live in the employer's home.home.

You are authorized to work only for the employer You are authorized to work only for the employer named on your permit but you can change named on your permit but you can change employers for personal or other reasons with employers for personal or other reasons with CIC approval. CIC approval.

f) Seasonal Agriculture Workersf) Seasonal Agriculture Workers Allows the organized entry of foreign workers to work in Allows the organized entry of foreign workers to work in

agricultural labourer occupations in Canada. CIC issues agricultural labourer occupations in Canada. CIC issues a work permit for no more than 8 months. a work permit for no more than 8 months.

Was developed by HRSDC and CIC in cooperation with Was developed by HRSDC and CIC in cooperation with agricultural producers and different countries including agricultural producers and different countries including Mexico, several Commonwealth Caribbean and Central Mexico, several Commonwealth Caribbean and Central American countries.American countries.

Provinces involved: Provinces involved: British ColumbiaBritish Columbia, Alberta, , Alberta, Saskatchewan, Manitoba, Ontario, Quebec, New Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick, Nova Scotia and Prince Edward Island. Brunswick, Nova Scotia and Prince Edward Island.

The worker most return every year to his/her country of The worker most return every year to his/her country of origin. There is not possible to become permanent origin. There is not possible to become permanent resident.resident.

(g) (g) Skilled Worker ClassSkilled Worker Class

are persons who may become permanent are persons who may become permanent residents because they are able to become residents because they are able to become economically established in Canada.economically established in Canada.

The general criteria are: The general criteria are: meet the minimum work experience meet the minimum work experience

requirements (there are no restricted requirements (there are no restricted occupations at this time); occupations at this time);

prove that they have the funds required for prove that they have the funds required for settlement; settlement;

earn enough points in the six selection factors to earn enough points in the six selection factors to meet the pass markmeet the pass mark

(h) (h) Business ClassBusiness Class

Business immigrants are people who can invest in, or start Business immigrants are people who can invest in, or start businesses in Canada and are expected to support the businesses in Canada and are expected to support the development of the Canadian economy. The Business development of the Canadian economy. The Business Immigration Programs seek to attract people Immigration Programs seek to attract people experienced in business to Canada.experienced in business to Canada.

There are three classes of business immigrants:There are three classes of business immigrants: InvestorsInvestors: a minimum net worth of CDN $800,000 and : a minimum net worth of CDN $800,000 and

make an investment of CDN $400,000. make an investment of CDN $400,000. EntrepreneursEntrepreneurs: a minimum net worth of CDN $300,000 : a minimum net worth of CDN $300,000

and are subject to conditions upon arrival in Canada. and are subject to conditions upon arrival in Canada. Self-employed personsSelf-employed persons: Self-employed persons must : Self-employed persons must

have the intention and ability to create their own have the intention and ability to create their own employment. employment.

(I) (I) Provincial NominationProvincial Nomination

Most provinces in Canada have an agreement with Most provinces in Canada have an agreement with the Government of Canadathe Government of Canada

You must first apply to the province where you You must first apply to the province where you wish to settle. The province will consider your wish to settle. The province will consider your application based on their immigration needs application based on their immigration needs and your genuine intention to settle there.and your genuine intention to settle there.

After you have been nominated by a province, you After you have been nominated by a province, you have to make a separate application to have to make a separate application to Citizenship and Immigration Canada (CIC) for Citizenship and Immigration Canada (CIC) for permanent residence. permanent residence.

List of Provincial Nominees List of Provincial Nominees Programs Programs

AlbertaAlberta ManitobaManitoba NewfoundlandNewfoundland and Labrador and Labrador PrincePrince EdwardEdward IslandIsland YukonYukon BritishBritish ColumbiaColumbia NewNew BrunswickBrunswick Nova Nova ScotiaScotia SaskatchewanSaskatchewan

Barriers some newcomers face:Barriers some newcomers face:

Non-recognition of international credentials and Non-recognition of international credentials and work experience;work experience;

Lack of Canadian work experience;Lack of Canadian work experience; Inability to communicate in English or French;Inability to communicate in English or French; Insufficient labour market information prior to Insufficient labour market information prior to

immigrating to Canada;immigrating to Canada; Federal government approves the immigrant but Federal government approves the immigrant but

the provinces and territories are responsible for the provinces and territories are responsible for the labour market and regulating trades and the labour market and regulating trades and professionsprofessions

Humanitarian and Humanitarian and Social ObjectivesSocial Objectives of of

IRPAIRPA

Convention Refugee and Protected Convention Refugee and Protected Persons DefinitionPersons Definition

Well-founded fear of persecution based on Well-founded fear of persecution based on race, religion, nationality, membership in a race, religion, nationality, membership in a particular social group, or political opinionparticular social group, or political opinion

Faces torture if he/she is returned to their Faces torture if he/she is returned to their country of origin (Convention Against country of origin (Convention Against Torture)Torture)

(Risk) Would be subject to cruel and (Risk) Would be subject to cruel and unusual treatment or punishmentunusual treatment or punishment

What is Hardship?What is Hardship?

a hardship not anticipated by the a hardship not anticipated by the Canadian Canadian Immigration Act or RegulationsImmigration Act or Regulations..

A hardship as a result of circumstances A hardship as a result of circumstances beyond the control of the applicant. beyond the control of the applicant.

hardship or unbalanced impact on the hardship or unbalanced impact on the applicant due to personal circumstances.applicant due to personal circumstances.

Temporary Stay under Temporary Stay under humanitarian criteriahumanitarian criteria::

person in Canadaperson in Canada trying to become a permanent residenttrying to become a permanent resident The application provided a legal stay The application provided a legal stay

during its processing time during its processing time

Refugee Claimant:Refugee Claimant: an inland claim for protection an inland claim for protection as a refugee which begins with the submission as a refugee which begins with the submission of the Personal Information Form which is the of the Personal Information Form which is the most important part of your refugee claim.most important part of your refugee claim.

Pre-Removal Risk Assessment Applicant:Pre-Removal Risk Assessment Applicant: Not Not an appeal, the PRRA is an avenue for those an appeal, the PRRA is an avenue for those rejected claimants who would face a serious risk rejected claimants who would face a serious risk if they were returned home.if they were returned home.

Temporary Stay (cont’d):Temporary Stay (cont’d):

Stay of Removal before the Federal CourtStay of Removal before the Federal Court by by applying to the Federal Court. A certified applying to the Federal Court. A certified Department of Justice lawyer is required. This Department of Justice lawyer is required. This motion is not an appeal, but for cases where motion is not an appeal, but for cases where very compelling, almost emergency very compelling, almost emergency circumstances have arisen.circumstances have arisen.

Temporary Resident PermitTemporary Resident Permit authorizes a authorizes a person who is inadmissible or does not meet the person who is inadmissible or does not meet the requirements of the IRPA and CIC has requirements of the IRPA and CIC has suspended enforcement action for the duration suspended enforcement action for the duration of your TRP.of your TRP.

Permanent Resident application Permanent Resident application from abroad under humanitarian from abroad under humanitarian

criteriacriteria

Resettlement of RefugeesResettlement of Refugees: refugees may : refugees may be sponsored by the federal government, be sponsored by the federal government, private groups, or have adequate financial private groups, or have adequate financial resources to support themselves and their resources to support themselves and their families. families.

Applications are referred by the United Applications are referred by the United Nations High Commissioner for Refugees Nations High Commissioner for Refugees (UNHCR) or (UNHCR) or

are accompanied by a private sponsorship. are accompanied by a private sponsorship.

In order to be eligible for In order to be eligible for resettlement from abroad:resettlement from abroad:

Persons must be Persons must be Convention Refugees Abroad, Convention Refugees Abroad, oror Humanitarian-Protected Persons Abroad Humanitarian-Protected Persons Abroad

in either:in either:

the Country of Asylum Class or the Country of Asylum Class or

the Source Country Class the Source Country Class

Convention Refugee AbroadConvention Refugee Abroad

1. Must have a well-founded fear of persecution for 1. Must have a well-founded fear of persecution for reasons of race, religion, nationality, reasons of race, religion, nationality, membership in a particular social group or membership in a particular social group or political opinion, political opinion, andand

a) be outside your country of nationality a) be outside your country of nationality oror b) if you have no country of nationality, be b) if you have no country of nationality, be

outside your country of former habitual outside your country of former habitual residence residence andand

2. have not ceased to be a refugee, 2. have not ceased to be a refugee, andand3. there must be no reasonable prospect within a 3. there must be no reasonable prospect within a

reasonable period of time, of a durable solution.reasonable period of time, of a durable solution.

The Country of Asylum Class The Country of Asylum Class

Canada's response to the resettlement needs of Canada's response to the resettlement needs of people in refugee-like situations who do not people in refugee-like situations who do not qualify as Convention refugees. qualify as Convention refugees.

Must have received a private sponsorship for Must have received a private sponsorship for yourself and your family members, yourself and your family members, oror

Be able to establish, to CIC satisfactions, that Be able to establish, to CIC satisfactions, that you have sufficient financial resources to provide you have sufficient financial resources to provide for the lodging, care and maintenance, and for the lodging, care and maintenance, and resettlement in Canada of yourself and your resettlement in Canada of yourself and your family members, family members, andand

There must be no reasonable prospect, within a There must be no reasonable prospect, within a reasonable period of time, of a durable solution.reasonable period of time, of a durable solution.

Members of the Source Country Members of the Source Country Class Class

To qualify under this class: To qualify under this class: Your country of nationality or habitual residence Your country of nationality or habitual residence

(home country) must be (home country) must be Colombia, Democratic Colombia, Democratic Republic of the Congo, El Salvador, Republic of the Congo, El Salvador, Guatemala, Sierra Leone or Sudan Guatemala, Sierra Leone or Sudan (this list of (this list of countries is subject to change) countries is subject to change) and and

you must meet the Convention refugee definition you must meet the Convention refugee definition with the exception that you are living in your with the exception that you are living in your country of nationality or habitual residence country of nationality or habitual residence (home country), (home country), and and

there must be no reasonable prospect, within a there must be no reasonable prospect, within a reasonable period of time, of a durable solution.reasonable period of time, of a durable solution.

Types of sponsors: Types of sponsors:

Federal governmentFederal government Private sponsorsPrivate sponsors

Community SponsorsCommunity Sponsors: : An An organization, organization, association, or association, or corporation.corporation.

Group of 5:Group of 5: groups of five of more groups of five of more Canadians or permanent residents who Canadians or permanent residents who wish to sponsor refugees coming to wish to sponsor refugees coming to Canada.Canada.

Sponsors (cont’d)Sponsors (cont’d)

Sponsorship Agreement HoldersSponsorship Agreement Holders and and Constituent Groups:Constituent Groups: religious, ethnic, religious, ethnic, community or service organizations which have community or service organizations which have signed an agreement with the Minister, and are signed an agreement with the Minister, and are already approved to sponsor refugees.already approved to sponsor refugees.

Joint Assistance SponsorshipJoint Assistance Sponsorship: a joint : a joint undertaking by the sponsoring group and undertaking by the sponsoring group and Citizenship and Immigration Canada to sponsor Citizenship and Immigration Canada to sponsor a refugee(s) requiring special assistance and a refugee(s) requiring special assistance and whose admissibility depends upon the additional whose admissibility depends upon the additional support of a sponsor.support of a sponsor.

Family sponsor or Family Class Family sponsor or Family Class (from outside)(from outside)

Canadian citizens and permanent residents Canadian citizens and permanent residents living in Canada, 18 years of age or older, may living in Canada, 18 years of age or older, may sponsor close relatives or family members who sponsor close relatives or family members who want to become permanent residents of Canada. want to become permanent residents of Canada.

Sponsors must promise to support the relative or Sponsors must promise to support the relative or family member and their accompanying family family member and their accompanying family members for a members for a period of 3 to 10 yearsperiod of 3 to 10 years to help to help them settle in Canada.them settle in Canada.

You can sponsor relatives or family You can sponsor relatives or family members from abroad if they are:members from abroad if they are:

spouses, common-law or conjugal partners 16 years of spouses, common-law or conjugal partners 16 years of age or older;age or older;

parents (can apply to visit Canada while application in parents (can apply to visit Canada while application in process) and grandparentsprocess) and grandparents

dependent children, including adopted children;dependent children, including adopted children; children under 18 years of age whom you intend to children under 18 years of age whom you intend to

adopt;adopt; children under guardianship;children under guardianship; brothers, sisters, nephews, nieces or grandchildren who brothers, sisters, nephews, nieces or grandchildren who

are orphans; under the age of 18 and not married or in a are orphans; under the age of 18 and not married or in a common-law relationship; orcommon-law relationship; or

one relative of any age if you do not have an aunt, uncle one relative of any age if you do not have an aunt, uncle or family member from the list above who you could or family member from the list above who you could sponsor or who is already a Canadian citizen, Indian or sponsor or who is already a Canadian citizen, Indian or permanent resident.permanent resident.

H&C at Canadian Embassies H&C at Canadian Embassies abroadabroad

CIC consider whether there are exceptional CIC consider whether there are exceptional reasons why you should be allowed to come to reasons why you should be allowed to come to Canada. Canada.

It is important to understand that this It is important to understand that this program is program is exceptionalexceptional. Only a very small . Only a very small percentage of people who apply for this percentage of people who apply for this consideration are successful. consideration are successful.

Unlike for those making (H&C) applications Unlike for those making (H&C) applications inland, there are no special forms for making an inland, there are no special forms for making an H&C application overseas. Instead, you must fill H&C application overseas. Instead, you must fill out and submit the usual forms for your class of out and submit the usual forms for your class of immigration (family, economic & refugee). immigration (family, economic & refugee).

Permanent Resident Permanent Resident ApplicationApplication

From within CanadaFrom within Canada

Spouse or Common-Law Partner Spouse or Common-Law Partner in Canada Classin Canada Class

from within Canada and since from within Canada and since February 18, February 18, 2005, the legal immigration status is no 2005, the legal immigration status is no longer a requirement for spouses and longer a requirement for spouses and common-law partners of Canadian citizens common-law partners of Canadian citizens and permanent residents in Canada and permanent residents in Canada

providing that they have an eligible sponsor.providing that they have an eligible sponsor. Sponsorship of a spouse or common-law Sponsorship of a spouse or common-law

partner includes their dependent children partner includes their dependent children whether inside or outside of Canadawhether inside or outside of Canada

Applying as Protected Persons and Applying as Protected Persons and Convention RefugeesConvention Refugees

Protected Persons (decided by IRB & CIC).Protected Persons (decided by IRB & CIC). Positive Decision from PRRA and are eligiblePositive Decision from PRRA and are eligible Member of the Protected Temporary Residents Member of the Protected Temporary Residents

Class (PTRC): are individuals admitted to Class (PTRC): are individuals admitted to Canada on a temporary resident permit or Canada on a temporary resident permit or Minister’s permit for protected reasons and who Minister’s permit for protected reasons and who have been determined to be in urgent need of have been determined to be in urgent need of protection by a visa office. protection by a visa office.

Applying as Applying as Temporary Resident Temporary Resident Permit HolderPermit Holder

Is in Canada on a valid temporary resident Is in Canada on a valid temporary resident permit and wishes to apply for permanent permit and wishes to apply for permanent residence. residence.

Must have lived continuously in Canada as Must have lived continuously in Canada as permit holders for a minimum of three to permit holders for a minimum of three to five years five years

Applying on Applying on Humanitarian and Humanitarian and Companionate grounds (H&C) Companionate grounds (H&C)

If you are already in Canada and you face If you are already in Canada and you face exceptional exceptional circumstancescircumstances, you may obtain a permanent resident visa , you may obtain a permanent resident visa from inside Canada. from inside Canada.

To qualify: To qualify: must prove that your hardship is a must prove that your hardship is a result of circumstances result of circumstances

beyond your controlbeyond your control. . family member in Canada may submit a financial undertakingfamily member in Canada may submit a financial undertaking

Submitting an application will not prevent your removal from Submitting an application will not prevent your removal from Canada and there is no guarantee that your application will be Canada and there is no guarantee that your application will be approved.approved.

Immigration Enforcement Immigration Enforcement Policy and Policy and

Implementation and Implementation and Management Overseas Management Overseas

and at the Borders:and at the Borders:

The who and the howThe who and the how

Governments are entitled to decide who enters Governments are entitled to decide who enters their territory their territory

They make the rules and they enforce them by: They make the rules and they enforce them by: Defining a process to determine who is Defining a process to determine who is

eligibleeligible Checking persons and documentsChecking persons and documents Preventing people from comingPreventing people from coming Removing those who have no right to be hereRemoving those who have no right to be here

Enforcement and SecurityEnforcement and Security

USA national security was a priority before USA national security was a priority before September 2001. Generalized national September 2001. Generalized national security is the norm after. security is the norm after.

Present-day discourse characterized by Present-day discourse characterized by harmonization of Canada with the United harmonization of Canada with the United States around the national security of the States around the national security of the Americans. Americans.

The pieces of the puzzle The pieces of the puzzle of enforcement of enforcement

Interdiction: Interdiction:

The governments of migrants/refugee-The governments of migrants/refugee-receiving countries measures to prevent receiving countries measures to prevent them from reaching their borders them from reaching their borders include:include:

the imposition of a visa requirement;the imposition of a visa requirement; blocking of “suspicious” foreigners in blocking of “suspicious” foreigners in

airports or points of departure by airports or points of departure by immigration officials or the immigration officials or the transportation company;transportation company;

Interdiction (cont’d)Interdiction (cont’d)

training on how to detect false documents training on how to detect false documents and how to identify “suspicious” foreigners;and how to identify “suspicious” foreigners;

application of sanctions against application of sanctions against transportation companies for allowing transportation companies for allowing foreigners to arrive in the country without foreigners to arrive in the country without adequate documentation for entry;adequate documentation for entry;

agreement to send back “suspicious” agreement to send back “suspicious” foreigners from the airports of the foreigners from the airports of the interdicting country;interdicting country;

Interdiction (cont’d)Interdiction (cont’d)

““deterrence” measures against foreigners on deterrence” measures against foreigners on their arrival;their arrival;

““safe third country”;safe third country”; agreement between countries to prevent the agreement between countries to prevent the

transit of migrants through their territory en route transit of migrants through their territory en route to the interdicting country;to the interdicting country;

to block flows of refugees in “international to block flows of refugees in “international security zones” created in the territory of the security zones” created in the territory of the country being fled.country being fled.

The front-end processThe front-end process::

interviews, interviews, security and criminality checks, security and criminality checks, searches, searches, photographs and fingerprints, photographs and fingerprints, taking away documentstaking away documentsVolunteer departures Volunteer departures Direct BacksDirect BacksDetention (If it is not possible to complete this Detention (If it is not possible to complete this

process or you are inadmissible.process or you are inadmissible.

Detentions, Detentions, Deportations and Deportations and

RemovalsRemovals

DetentionDetention::

If you are a permanent resident or a foreign If you are a permanent resident or a foreign national you may be detained at anational you may be detained at a port of entry port of entry or anywhere in Canada or anywhere in Canada when you try to enter when you try to enter CanadaCanada.. No warrant is necessary for this No warrant is necessary for this typetype. There are two possible reasons if an . There are two possible reasons if an officer :officer :

1)1) has a reason to suspect that you are has a reason to suspect that you are inadmissibleinadmissible for reasons of security or for for reasons of security or for violating human or international rights. violating human or international rights.

2) considers it necessary to do so in order 2) considers it necessary to do so in order to to complete the examination.complete the examination.

The Factors considered to detain The Factors considered to detain someone:someone:

Flight risk: unlikely to appear for Flight risk: unlikely to appear for examination;examination;

an admissibility hearing; an admissibility hearing; removal from Canada; removal from Canada; is a danger to the public; or is a danger to the public; or is a foreign national whose identity has not is a foreign national whose identity has not

been established. been established. Canadian authorities agree that children Canadian authorities agree that children

(people under 18) should only be detained as (people under 18) should only be detained as a “last resort”.a “last resort”.

In practice you are detained if:In practice you are detained if:

You are a failed Refugee Claimant, You are a failed Refugee Claimant, You are a Refugee Claimant with no You are a Refugee Claimant with no

Identification, Identification, You have overstayed your visitor’s visa,You have overstayed your visitor’s visa, You have been refused entry as a visitorYou have been refused entry as a visitor

Detention ReviewsDetention Reviews

A Member of the Immigration Division of the IRB A Member of the Immigration Division of the IRB must review your case within 48 hours and must review your case within 48 hours and decide if there is a valid reason to continue your decide if there is a valid reason to continue your detention (it could be a bit more than 48 hours if detention (it could be a bit more than 48 hours if you were detained on a weekend). you were detained on a weekend).

Another detention review must be held 7 days Another detention review must be held 7 days after that. after that.

If you remain in detention, another review must If you remain in detention, another review must be held 30 days later, and every 30 days after be held 30 days later, and every 30 days after that. that.

RemovalsRemovals An enforced departure orderAn enforced departure order is prescribed as is prescribed as

a circumstance that relieves a foreign national a circumstance that relieves a foreign national from having to obtain authorization to return to from having to obtain authorization to return to Canada.Canada.

Exclusion orderExclusion order obliges the foreign national to obliges the foreign national to obtain a written authorization in order to return to obtain a written authorization in order to return to Canada during the one-year period after the Canada during the one-year period after the exclusion order was enforced.exclusion order was enforced.

Deportation orderDeportation order obliges the foreign national obliges the foreign national to obtain a written authorization in order to return to obtain a written authorization in order to return to Canada at any time after the deportation order to Canada at any time after the deportation order was enforced.was enforced.

What does enforcement put at risk?What does enforcement put at risk?

liberty as a fundamental principle; liberty as a fundamental principle; the dignity of all persons; the dignity of all persons; the integrity of the due process;the integrity of the due process; fundamental rights; fundamental rights; Canada's compliance with it’s international Canada's compliance with it’s international

human rights obligations.human rights obligations.