Wk2 citizen 2012_pp

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  • 1. Paralegal Education – BCTA 302 Immigration and Refugee Law Citizenship Prof. Shirley R. Wales Prof. S. R. Wales 1
  • 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 2
  • 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 3
  • 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 4
  • 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 5
  • 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 6
  • 7. Sources of New Canadians New Canadian Citizens Born in Canada Foreign-Born Prof. S. R. Wales 7
  • 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 8
  • 9. Who is a Canadian Citizen?  The Law: Citizenship Act  First Question: Place of Birth?   Born in Canada Born Outside Canada Prof. S. R. Wales 9
  • 10. The Citizenship Act Canadian Citizens Born in Canada Born Outside Canada Most are automatically Canadian citizens Very few qualify as Canadian Citizens at birth Prof. S. R. Wales 10
  • 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 11
  • 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 Prof. S. R. Wales 12
  • 13. 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 13
  • 14. The Path to Canadian Citizenship Canadian Citizenship Born in Canada Permanent Resident Sec. 2(1) IRPA Born Outside Canada Prof. S. R. Wales 14
  • 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 15
  • 16. From Permanent Resident to Canadian Citizen Citizen Permanent Resident Temporary Resident Prof. S. R. Wales 16
  • 17. Acquiring Canadian Citizenship Canadian Citizenship Born in Canada Permanent Resident Temporary Resident Pt. 10 IRPR Visitor’s Visa Pt. 11 IRPR Work Permit Pt. 12 IRPR Study Permit Prof. S. R. Wales 17
  • 18. 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 Prof. S. R. Wales 18
  • 19. New Regulators of Immigration Consultants: Immigration Consultants of Canada Regulatory Council ICCRC Law Society of Upper Canada LSUC [licensed paralegals] Prof. S. R. Wales 19
  • 20. Sources of New Canadians Sponsorship of Members of the Family Class Business Immigrants Refugees Prof. S. R. Wales 20
  • 21. 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, SelfEmployed Prof. S. R. Wales 21
  • 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 Prof. S. R. Wales 22
  • 23. Professional Limits on Immigration Consultants  Counselling Misrepresentation  Sec. 126 IRPA  ICCRC Code of Professional Ethics Prof. S. R. Wales 23