This document provides an overview of immigration and refugee law in Canada. It discusses that over half of residents in the Greater Toronto Area and over a quarter of residents in Ontario are foreign-born, contributing to Ontario's diverse population. Immigration will account for all net labour force growth in less than 5 years. Even with continued immigration, Canada's population would decline without enough births due to a below-replacement fertility rate. The document outlines relevant federal legislation, international treaties, provincial variations, and regulatory bodies involved in immigration and citizenship. It also summarizes the pathways to Canadian citizenship and restrictions on authorized immigration representatives.
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Thinking about moving to Canada from India? Here are 10 compelling reasons to consider, from job opportunities to quality of life. Get the ultimate guide for a smooth immigration process in 2024.
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A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
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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