No more sponsorship for parents and grandparents until further notice

As of November 5th, 2011 (last Saturday), Citizenship and Immigration Canada will not accept any sponsorship applications to sponsor parents or grandparents until further notice or for 24 months (until November 4th, 2013) because the waiting period for parents’ and grandparents’ sponsorships is currently longer than 4 years.

All applications received by Centralized Processing Centre-Mississauga after November 5th, 2011 will be returned to the applicants. Only those applications received by CPC-M before November 4th, 2011 at 5 p.m. will be processed continuously.

The material in this article is only for general information. For your specific situation, please consult a professional before you submit your application.


New PhD Eligibility Stream under the Federal Skilled Worker Class

As of November 5th, 2011, international students pursuing PhD studies at qualified Canadian educational institutions may apply under the Federal Skilled Worker PhD Eligibility Stream.

How to be qualified:

1. Your application MUST be received after November 5th, 2011 by the Centralized Intake Office (CIO) in Sydney, Nova Scotia.

2. You must be either
a. an international student who is currently enrolled in a PhD program, by a qualified Canadian educational institution AND who has completed at least 2 years towards the completion of your PhD AND who is in good academic standing AND who is NOT a recipient of a Government of Canada award requiring you to return to your home country

OR

b. a graduate of a PhD program from a qualified Canadian educational institution within 12 months from the date of your application to CIO Sydney, Nova Scotia who is not a recipient of a Government of Canada award requiring you to return to your home country or you have completed such requirement already.

3. You must still meet all other requirements of the Federal Skilled Worker class, as well as the minimum requirements and minimum pass mark in order to be qualified under this stream. Only 1,000 applications per year are allocated for this program, starting November 5th, 2011 to October 31st, 2012.

The material in this article is only for general information. For your specific situation, please consult a professional before you submit your application.

When do you apply to Citizenship and Immigration Canada (CIC)?

1. When you make an application to CIC for a specific purpose, such as

immigration, entry to Canada, study permit, etc.

IN ORDER FOR AN APPLICATION TO BE ACCEPTED, SUCH APPLICATION MUST

a. Be in writing using the form provided by CIC.

Such forms may be changed from time to time. Before you submit your form, it is critical
to make sure that your form is up-to-dated by checking it on CIC’s website on the day
you are going to submit it.

b. Be signed by the applicant.

You must make sure your signature is on the application form in the exact way the
form requests. In addition, your signature should be the same one that is on your
identification, such as on your driver’s licence or passport.

c. Include all information and documents required by the Immigration Refugee Protection

Regulations, as well as any other evidence required by the Immigration Refugee
Protection Act.

How one prepares all the required information and documents differs from case to
case, and you should make sure that you have included all required information and
documents. You should know that the document checklist in the form may not list all
the information and documents you should include.

d. Include the filing fee payment.

e. Show who the principal applicant is if you are married or in a marriage-kind of
relationship.

2. When you enter into Canada at any border.

When you enter into Canada via airport, sea port or land crossing points, you are in fact
making an application to enter into Canada physically. When you do that, CIC has a full
access and right to examine you at such point, regardless of your immigration status. In
other words, even if you are a Canadian citizen, CIC has a right to ask all relevant questions
to you to verify your citizenship and immigration status in Canada. Any incorrect or
misleading statement you give can get you into trouble. For example, as a citizen of USA,
UK or Republic of Korea, you may enter into Canada without applying for an entry visa in
advance. However, if you have a pending study permit, and decide to answer to CIC that
you are here to study in Canada, CIC will demand the production of your study permit.
Therefore, it is critical that you answer all your questions carefully.

Any applications via forms (#1) or in person (#2) will be stored in CIC's global data base for a
significant time period to be accessed by CIC whenever you apply to CIC in the future. Any
inconsistent information or misleading answers may jeopardize your future applications
without you even knowing. As a result, if you have made any application in the past
and wish to make another application, it is important to keep a copy of all your previous
applications and accompanying documents for such future application. If you do not have
a copy of such past applications, you may be able to obtain them by application to the
Freedom of Information office for a copy.

The material in this article is only for general information. For your

specific situation, please consult a professional before you submit your application.

Canadian Experience Class

Basic Required Qualifications

1. You cannot reside in Quebec

2. You must show your language proficiency in one of Canada’s official languages:

a. NOC 0, A – at minimum, you must score 5 points out of the 9 point test score in reading,writing, speaking and listening (ILEST - General)
b. NOC0, B – at minimum, you must score 4 points out of the 9 point test score in reading,writing, speaking and listening (ILEST - General)

3. If you are an international student, you must complete two academic years under the study permit to be completed with a degree, diploma or qualifying certificate, and complete one full year working experience (1950 hours in 12 months) with a work permit in a NOC 0, A or B occupation.

4. If you are a working permit holder, you must complete two full years (3900 hours in 24 months)under a working permit in a NOC 0, A or B occupation.

Some things to watch out for:

a. Your study permit or working permit must be issued legally and maintained correctly in order to comply with all the conditions of such permits.

b. For a working permit holder option under section 4, you must apply within 12 months from the completion of your two full years of work.

c. For an international student under section 3, you must have one full year work
experience within 24 months from the date of submitting your application.

d. Off-campus work experience and co-op work experience do not count as one year work experience under section 3.

e. You cannot have self-employment or business experience as your work experience.

f. You are not required to work or to study while your application is in progress. In fact,you are not required to be in Canada while your application is in progress.

g. You cannot take distance courses for your academic requirements.

h. You cannot use your ESL courses for your academic requirements.

The material in this article is only for general information. For your
specific situation, please consult a professional before you submit your
application.

New Canadian Citizenship Rule Jennifer Roggemann explains the new Canadian Citizenship rule.

June 8, 2010

Introduction:

To obtain citizenship, there are three ways in general:

You were born in Canada – jus soli or citizenship by birth on soil: You were born outside of Canada, but entered Canada as a permanent resident or landed immigrant and obtained a citizenship – naturalization;You were born to a Canadian parent – jus sanguis, jus sanguinis or citizenship by descent.Please note that I did not discuss any adopted persons by a Canadian parent, because such matters are more complex, depending on the timing and method of adoption taken place.


A new Canadian citizenship rule came into effect on April 17th, 2009 to deal with the
third category to obtain Canadian citizenship for those born to a Canadian parent outside Canada.

Background:
Under the Citizenship Act, 1947, a person born outside Canada in wedlock to a Canadian mother and a non-Canadian father was not a citizen by birth. Subsequently, in 1977, the Citizenship Act was amended to allow the above-described individuals to apply for a grant of Canadian citizenship for a limited time, until August 14th, 2004. After August 14th, 2004, if such an individual did not apply for citizenship, then that individual was not a citizen.

As a result of the new citizenship rule, the above described individuals are Canadian citizens by descent, and are not required to apply for citizenship, but such is restored retroactively to the date of birth of those individuals.


Citizenship by Birth:

If you were born in Canada, you are a Canadian citizen, except when your parents are foreign diplomats and non-Canadians at the time of your birth.

 Citizenship by Descent:

 The critical date is the date of birth of a person who claims to be a Canadian citizen. The person must be born after February 14th, 1977. If you were born after February 14th, 1977 to a Canadian mother or father, you are a Canadian citizen by descent.


After April 17th, 2009, if you are born after April 17th, 2009 to a Canadian mother or father outside of Canada, then you are a Canadian citizen regardless whether you are the first generation or subsequent generation of Canadian born outside of Canada, as long as you register your birth before you turn 28 years of age.

However, with the new law, if you were born to a Canadian mother or father outside of Canada as a second generation Canadian and did not register your birth and you turn 28 years of age as of April 17th, 2009, in that case, you are NOT a Canadian citizen. If you have registered your birth prior to April 17th, 2009 and have turned 28 years of age, then you are a citizenship by descent even if you are a second generation Canadian.

This new rule DOES NOT restore citizenship to a person born between February 15th, 1977 and April 16th, 2009 to a Canadian father or mother who has turned 28 years of age and did not register his/her birth.

For those born between January 1st, 1947 and February 14th, 1977:

This section applies if you were born outside of Canada between January 1st, 1947 and February 14th, 1977, born to a Canadian mother (out of wedlock) or father (in wedlock) who was eligible to be registered as a citizen born outside Canada but was not registered until After February 17th, 1979. This right expired on August 14th, 2004. Some of these individuals may apply under the new rule, provided that they are the first Canadian generation. For those first generation born outside Canada but never were citizens before April 17th, 2009 (between January 1st, 1947 and February 14th, 1977):

These are the individuals will be citizens under the new rule, provided that they are the first generation born outside of Canada and at least one of their parents was a Canadian at the time of their birth.

 Conclusion:

If you were born OUTSIDE OF CANADA between January 1st, 1947 and February 14th, 1977 to a Canadian mother or father who were born in Canada or were naturalized Canadians and you were never a Canadian citizen, then you are Canadian under the new Canadian citizenship rule.

If you were born OUTSIDE OF CANADA after February 15th, 1977 to a Canadian mother or father who was born in Canada or was a naturalized Canadian and you are a Canadian citizen by descent. To illustrate the new rule, I have two sample situations hereunder. Please note that these are simple illustrations only, without any further facts that may be taken into consideration in final decisions.To determine whether one is a Canadian citizen under this new rule, he/she must consult with a professional for such determination.

 Sample Situation – #1

Cam is a US citizen born on November 30th, 1950 in Michigan, United States. His mother was Canadian, born on March 21, 1930 and married to his father, a US citizen, in June of 1947. He visited with his mother’s relatives in Canada, but his mother never registered his birth in Canada. He did not know anything about being a Canadian.

 Is Cam a Canadian under the new rule?

His mother was a Canadian born on March 21st, 1930. As a British subject at the time of her birth, she became a Canadian on January 1st, 1947. ¦She subsequently married his father, a US citizen, in June of 1947. By virtue of her marriage, she lost her Canadian citizenship.

Because he was born outside Canada in wedlock, he was not eligible to be a Canadian on
November 30th, 1950.

On February 15th, 1977, he was 27 years old and he was eligible to register his birth and he would be granted Canadian citizenship. He did not register his birth as of August 14th, 2004. He lost his Canadian citizenship.


By virtue of the new rule on April 17th, 2009, as the first Canadian generation born to a Canadian mother, who never renounced her Canadian citizenship before her death, he will be a Canadian by descent.
 Sample Situation – #2

Sam is a Mexican citizen by birth. His grandfather was a Canadian citizen. His grandfather was born March 11th, 1928 in Canada. On June 26th, 1948, his grandfather went to Mexico. In Mexico, his grandfather married a Mexican woman in 1953. His father was born on November 12th, 1955. His father married his mother who is a Mexican by birth on June 12th, 1975. Sam was born on July 25th, 1978. His aunt, his father’s younger sister, was born on June 20th, 1958. She went to Canada and met her husband, a Canadian by birth in January 23rd, 1976. She and her husband came to Mexico to reside soon after. She had a child on February 11th, 1979, Sam’s cousin Sally.

 Is Sam a Canadian?

Sam is a second generation born outside Canada. His grandfather was British subject on
his birth on March 11th, 1928. Then, his grandfather became a Canadian citizen on January 1st, 1947. ¦His grandfather went to Mexico and his father was born in November 12th, 1955. His father could have been a Canadian citizen by registering himself before he turned 28 years old – November 11th, 1983. Or Sam could have been a Canadian citizen if he was registered before August 13th, 2004. However, since he did not register his birth, he lost his opportunity to be a Canadian citizen. Had he registered his birth before August 13th, 2004, he would be then a Canadian citizen. ¦However, if his father wishes to be a Canadian, under the new rule he is a Canadian citizen. He was born to a Canadian father in wedlock between January 1st, 1947 and February 14th, 1977.

Ignorance of Material Facts and Misrepresentation

June 8, 2010 

If you do not know about a material fact, can you get caught under section 40(1)(a)
of the Immigration and Refugee Protection Act?

The answer to the question appears to be yes.

s. 40(1)(a). A permanent resident or a foreign national is inadmissible for misrepresentation for directly or indirectly misrepresenting or withholding material facts related to a relevant matter that induces or could induce an error in the administration of this Act;

Wang v. Canada (Minister of Citizenship and immigration) [2006] FCA 345 (October 24, 2006) –
I would like to thank Mr. Maynard for bringing this case to my attention during the 2009 CBA National Immigration Law Conference in Whistler, British Columbia.

Ms. Wang was a citizen of China and a permanent resident of Canada. She was married in 1990. She came to Canada as a study permit holder in 1996. Her husband applied as an entrepreneur and became a permanent resident along with her in 1998. She and her husband had a Canadian born daughter in 1999. In 2001, she applied for Canadian citizenship. During the processing of such application, it came to light that her husband was in fact married to another person at the time of her marriage! In fact, he had another child with his first “spouse”. As a result, he was found to be in breach of section 40(1)(a) and received an exclusion order against him. In addition, Ms. Wang was found to be in breach of section 40(1)(a) INDIRECTLY along with her husband.

She took her case to the immigration Division, then the Immigration Appeal Division, the Federal Court, Trial Division and finally to the Federal Appeal Court to retain her permanent resident status in Canada.

In every proceeding, she was found to be in a breach of section 40(1)(a) INDIRECTLY! In fact, according to the Federal Court of Appeal, she was actually found to be in a breach of section 40(1)(a) DIRECTLY because she declared her marital status as “married” when in fact she was not married because her marriage to her husband was null and void as a result of him having another spouse without receiving a divorce at the time of her marriage to him!

Therefore, even if you do not know of a material fact, if it is found to be a material fact to be “withheld” or “misrepresented”, then it is a misrepresentation indirectly regardless of the lack of subjective knowledge or innocent misrepresentation at the end.

Extension of Visitors Permit in Canada Jennifer Roggemann explains how a person can extend their visitor’s permit. How to extend your Canadian Visitor’s Permit:

June 8, 2010 

Under R.181, a person whose visitor’s permit (entry permit) in Canada is about to expire must apply for an extension for his or her stay in Canada. Regardless whether he or she has met the initial eligibility to receive a visitor’s permit, he or she must meet the same qualifications again in order to extend his or her status. In addition, it’s important to address the following considerations:

1. What is the intent of the applicant for wanting to stay in Canada for a longer period of time than he or she has stayed in Canada already?
   
2. What is the reason for the extension – is it a legitimate reason, in light of extensive time the applicant would be away from his or her home country?
   
3. Does the applicant have sufficient funds to support himself or herself without working in Canada?
   
4. Will the applicant leave Canada at the end of the extended stay?
   
5. What was the original purpose of the visit to Canada and has it been fulfilled? If not, how much time is required to fulfill the purpose?
   
6. What is the situation for the applicant back in his or her home country? Is it reasonable or feasible for the applicant to stay for a prolonged time in Canada without tending to responsibilities in his or her home country?
   
7. Is the applicant a person who is of normal working age? If so, the applicant must be able to satisfy CIC that he or she will not work or study without authorization.

Before applying for an extension, it is recommended that you seek proper legal assistance to determine whether you are eligible to apply for the extension.

If you cannot meet the eligibility requirements, it is not feasible or reasonable to apply for an extension in the first place. A record of such an application will remain with CIC and will reflect upon your credibility in the long run.

Currently, as of July 6th, 2009, an extension for a visitor’s permit in Canada takes about 110 days from the day of filing your extension application.

Why is it Important to Have an Expert Help You Complete Your Application?

June 8, 2010 

It’s very helpful to have an experienced immigration lawyer help fill out your application.

We know what questions that immigration officers will be asking as they read your application. We know how your answers should be worded so that they are clear
and don’t raise any unnecessary questions.

It’s not just important to have expertise in recording the information, but also for its presentation. The data needs to be placed precisely in the boxes and in the spaces on the form, so that is it exactly where the processors expect to find it. As they work through the pages of the application, the information is exactly where they expect it to be and they can move smoothly from one section to another. Additional pages need to be stacked in a particular order. If the material is collated in the right order the processor saves time and frustration. Because the process is discretionary, it pays to make the processor’s job as easy as possible.