Prof. S. R. Wales 1

Paralegal Education – BCTA 302

Immigration and Refugee Law

Citizenship Prof. Shirley R. Wales

Prof. S. R. Wales 2

The Current Reality

More than 50 % of GTA residents are foreign-born More than 27 % of ON residents are foreign-born

Ontario has the most diverse population in the world

In less than 5 years, immigration will account for ALL the net labour market force growth

Prof. S. R. Wales 3

The Problem:

Even with immigration continuing at its current rate, the population of Canada will decline

Why? The birth rate isn’t high enough to cause the population levels to increase

See CAN IMMIGRATION COMPENSATE FOR BELOW-REPLACEMENT FERTILITY?: THE CONSEQUENCES OF THE UNBALANCED SETTLEMENT OF IMMIGRANTS IN CANADIAN CITIES, 2001-2051.

http://www.debmatthews.onmpp.ca/PhD_Thesis.pdf

Prof. S. R. Wales 4

The Law

Federal – IRPA and IRPR International – Treaties

Convention Relating to the Status of Refugees Provincial

Quebec Sec. 86 IRPR Quebec Skilled Worker Class

Ontario Canada-Ontario Immigration Agreement Fair Access to Regulated Professions Act, 2006

Prof. S. R. Wales 5

The Legislation

The Immigration and Refugee Protection Act IRPA

The Immigration and Refugee Protection Regulations IRPR

Before June 2002: The Immigration Act The Immigration Regulations, 1978

Prof. S. R. Wales 6

The Players

The Federal Government CIC CBSA

The Provincial Government Ministry of Citizenship & Immigration

The Regulator ICCRC

The Tribunal and The Court IRB & Federal Court

Prof. S. R. Wales 7

Sources of New Canadians

New Canadian Citizens

Born in Canada

Foreign-Born

Prof. S. R. Wales 8

Why New Canadians?

Economic Economy will suffer if population declines

Social Canadians approve of family reunification

Legal Canada has international obligations to accept

refugees United Nations High Commission on Refugees

UNHCR

Prof. S. R. Wales 9

Who is a Canadian Citizen?

The Law: Citizenship Act

First Question: Place of Birth? Born in Canada Born Outside Canada

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The Citizenship Act

Canadian Citizens

Born in Canada

Most are automatically Canadian citizens

Born Outside Canada

Very few qualify as CanadianCitizens at birth

Prof. S. R. Wales 11

The Citizenship Act

Sec. 3 Born in Canada = Canadian Citizen

Exceptions: Sec. 2(2)(a) Deemed born in Canada

Sec. 3 (1)(b) Born Outside to Canadian Citizen AND Sec. 8 - repealed - applies to retain before = 28

yrs old

Prof. S. R. Wales 12

The Citizenship Act Jurisprudence

Refusal of Application for Canadian Citizenship Zundel

Revocation of Canadian Citizenship Not possible to revoke if born in Canada

Oberlander Phan

Renunciation & Resumption Conrad Black

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War Crimes & Canadian Citizenship

Revocation of Canadian Citizenship possible Sec. 7 Oberlander

Not for Canadian-born Citizens Sec. 10 (1)

Order in case of Fraud Sec. 10(2)

Presumption of Fraud

Prof. S. R. Wales 14

The Path to Canadian Citizenship

Canadian Citizenship

Born in CanadaPermanent Resident

Sec. 2(1) IRPA

Born Outside Canada

Prof. S. R. Wales 15

The Importance of PR Status

Citizenship Act Sec. 5 Grant of Citizenship Must be Permanent Resident

Defined by Sec. 2(1) IRPA

Temporary Residents Pt. 9 IRPR Includes Visitors, Workers, Students

No Direct Path from Temporary Resident Status to Permanent Resident Status

Prof. S. R. Wales 16

From Permanent Resident to Canadian Citizen

Citizen

Permanent Resident

Temporary Resident

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Acquiring Canadian Citizenship

Canadian Citizenship

Born in Canada Permanent Resident

Temporary Resident

Pt. 10 IRPR Visitor’s VisaPt. 11 IRPR Work PermitPt. 12 IRPR Study Permit

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Authorized Representatives for New Canadians – April 13, 2004 – June 30, 2011

Sec. 13.1 IRPR Representation for a Fee

Sec. 2 IRPR Authorized Representative

Canadian Society of Immigration Consultants Membership Requirements

Academic – included Humber Immigration Consultant Certificate

Language Testing Membership Exam

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New Regulators of Immigration Consultants:

Immigration Consultants of Canada Regulatory Council ICCRC

Law Society of Upper Canada LSUC

[licensed paralegals]

Prof. S. R. Wales 20

Sources of New Canadians

Sponsorship of Members of the

Family Class

RefugeesBusiness

Immigrants

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Why These Three Groups?

1. Members of the Family Class Family Reunification

Sec. 3(1) IRPA 2. Refugees

International Obligations Sec. 96 IRPA Convention Refugee

3. Business Immigrants Economic Impact

Part 6 IRPR Skilled Workers, Investors, Entrepreneurs, Self-

Employed

Prof. S. R. Wales 22

Immigration

The Players: 1. The Sponsor – in Canada

Canadian Citizen or Permanent Resident 2. The Applicant – Overseas

The “Foreign National” 3. The Authorized Representative

Lawyer OR licensed paralegal ICCRC Member

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Professional Limits on Immigration Consultants Counselling Misrepresentation

Sec. 126 IRPA

ICCRC Code of Professional Ethics