Presented by Cornelia Mazgarean (Community Legal Aid. On behalf of the Inter-Clinic Immigration Working Group of Legal Aid Clinics in Ontario

Transcription

1 Presented by Cornelia Mazgarean (Community Legal Aid Services Programme) and Jennifer Stone (Neighbourhood Legal Services) On behalf of the Inter-Clinic Immigration Working Group of Legal Aid Clinics in Ontario

2 A. Why you should encourage your clients to apply now! Understanding important changes to Canada s citizenship law B. What to include with an application C. Avoiding pitfalls - when to refer for legal help

3 A. CHANGES TO CANADA S CITIZENSHIP LAW

4 New legislation was passed June 19, 2014 Certain provisions already in force; other more substantive provisions are not yet, but could come into force at any time (probably by June 2015) Important to encourage clients to submit applications as soon as possible to avoid the new requirements that will make it more difficult to obtain citizenship

5 Some changes in force since August 1, These are mostly about how applications are processed, i.e.: 1. Appeals No longer automatic right to a judicial review. Have to get permission i from the Federal Court to hear your appeal. 2. One-step decision-making Citizenship officer decides the application. Used to be the job of a Citizenship judge. Now to judges only on residency. 3. Intent to reside provision

6 Other changes expected to come into force in June 2015: 1. New residency requirements. 2. More people will have to prove language proficiency and knowledge of Canada. 3. Longer wait following a criminal conviction.

7 Other changes expected to come into force in June 2015: 4.New powers to strip citizenship from dual citizens if convicted of terrorismrelated offences. 5.Proof of having filed taxes in order to apply.

8 Other changes expected to come into force in June 2015: 6 New 5-year bar for misrepresentation 6. New 5 year bar for misrepresentation. 7. New 10-year bar from re-applying if citizenship was revoked due to fraud.

9 B. WHAT TO INCLUDE IN A CURRENT APPLICATION

10 Permanent resident 18 years old (or applying with Canadian parent who is at least 18 years old) $400 fee Satisfy the required period of residency Proof of language proficiency

11 Application and checklist are all online, for free

12 How to Calculate Residence Form or Online Calculator printout Copies of two pieces of government-issued ID (one must have your picture) Educational records for you and all children under the age of 18, for the past 4 years (if applicable) Copies of Record of landing or Confirmation of PR Copy of both sides of valid PR card Valid passport or travel document **IF YOU WERE EVER A REFUGEE DO NOT RENEW OR USE PASSPORT** Proof of language proficiency 2 citizenship photographs Fee

13 Diploma, certificate or transcripts showing you successfully completed secondary or post-secondary education in English or French (whether in Canada or abroad); IF NOT, you need to provide: Proof of LINC Level 4 completion, or Pass a language test through one of CIC s approved testing centres

14 Additional costs for language test if required English test: CELPIP General-LS - a two-skills (listening and speaking) version of the CELPIP General test $ tax French tests: See instruction guide

15 Hidden Fees: If you need to take a course to pass a language test, you must pay for it yourself Certified translations of documents not in English or French are extra Other documentation school records, etc.

16 C. TROUBLESHOOTING: WHEN TO REFER CLIENTS FOR LEGAL HELP

17 Prohibitions to applying: If convicted of a criminal offence or an offence under the Citizenship Act in the three years before applying If currently charged with an offence under the Citizenship Act If in prison, on parole or on probation If under a removal order If being investigated for, are charged with, or have been convicted of a war crime or a crime against humanity, or If applicant has had Canadian citizenship taken away in the past five years

18 Situations when any info being submitted is inconsistent with (or was not disclosed in) any previous immigration application or proceeding

19 Need to be prepared to show copies of all pages of all any passports/travel documents in the past 4 years CIC will also look at CBSA s documentation of all entries into Canada during the relevant time, and compare them

20 Applicant either travelled to home country and/or travelled using home passport; or Some facts have come to light that cast doubt on the original refugee claim *CIC officers are looking for cases to refer to cessation or vacation of CR/PR status*

21 Immigration Canada can apply to the Immigration and Refugee Board (IRB) for vacation of status if they believe that refugee status was obtained as a result of directly or indirectly misrepresenting or withholding material facts (i.e. stating ti a lie, or failing to disclose an important t fact) 21

22 Immigration Canada may decide to start a vacation application if facts come to light that: (a) Individual was not in their country at time of alleged persecution (b) Inconsistent information is used in subsequent applications, such as spousal sponsorship (c) False documentation was used 22

23 Immigration Canada can apply to the IRB for cessation of refugee status if: a) the person has voluntarily re-availed themselves of the protection of their country of nationality; - Renewing or travelling on their passport - Travelling back to their country, even for a short time b)the person has re-acquired their nationality; c) the person has acquired a new nationality (e.g. through marriage); d)the person has voluntarily become established in the country they fled; or e) the reasons for which the person claimed refugee protection have ceased to exist 23

24 Ways that Immigration Canada may get information they can use to apply for cessation: Residence and Travel History in citizenship applications last 4 years Residence and Travel History in PR card renewal applications last 5 years Stamps in a passport that is being used to apply for citizenship or PR card renewal Interviews by border guards when you return from travelling outside Canada 24

25 To eliminate any risk of having cessation proceedings initiated, encourage formerly CR/PP clients to: Obtain Canadian citizenship as quickly as possible Avoid renewing their country s passport Avoid travelling on their country s passport Apply for and use a Canadian refugee travel document ($120 cost) Avoid travel to their country of citizenship, even for a short time 25

26 A vacation or cessation application can be made any time between winning a refugee claim/being resettled to Canada as a refugee, and becoming a Canadian citizen, no matter how many years have passed The decision can only be made after a hearing at the IRB where the refugee must be present There is only a Federal Court judicial review appeal available from this decision no Humanitarian consideration

27 If refugee status is ceased or vacated the person: loses refugee status, and also loses permanent residence status and becomes subject to a deportation order UNLESS the cessation application is because the reasons for refugee protection no longer exist. In those cases, the person keeps their permanent residence status.

28 For a waiver, a medical report is necessary. Test is that the applicant will never be able to meet the language or knowledge requirements due to a cognitive or mental health disorder. Must request waiver up front when you apply. Other evidence: medical records, school records, letters from ESL teachers, learning assessments, affidavits from family and friends etc.

29 Intent to reside provision. Government says this means up until the time of taking the oath. Legal advocates are worried that this could mean more.

30 Many community legal aid clinics can help with these applications. Visit to find a clinic near you.