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

Similar documents
Downtown Legal Services Poverty law clinic associated with the University of Toronto Faculty of Law

APPLICATION FOR CANADIAN CITIZENSHIP - ADULTS (18 years of age and older) UNDER SUBSECTION 5(1)

Applications by the Minister for Cessation Under IRPA s. 108(1)(a) to (d) and the loss of permanent residence under IRPA s. 40.

RETAINING YOUR PERMANENT RESIDENT STATUS

2014 SUMMER SEMINAR BC COUNCIL FOR INTERNATIONAL EDUCATION

Application for a Verification of Status (VOS) or Replacement of an Immigration Document (IMM 5545)

CITIZENSHIP & IMMIGRATION CHANGES

All Women. One Family Law.

CANADIAN IMMIGRATION AND VISA SEMINAR

IMMIGRATION Canada. Work permit. Accra visa office Instructions. Table of contents IMM 5895 E ( ) Document checklist Work permit

OP 10. Permanent Residency Status Determination

IMMIGRATION Canada. Applying to Remain in Canada as a Temporary Resident Permit Holder. Table of Contents

Effective July 14, 2017

Canada IMMIGRATION. Bogota. Application for Permanent Residence Skilled Worker Visa Office Specific Instructions.

New refugee system one year on 9 December 2013

IMMIGRATION Canada. Study Permit. Dakar Visa Office Instructions. Table of Contents IMM 5826 E ( ) Document Checklist Study Permit

Effective July 14, Employer Driven Application Guidelines. Page 1 of 22

PERMANENT RESIDENT CARD Immigrationfacts.ca INSTRUCTIONS ORDER FORM

CHAPTER SEVENTEEN: CITIZENSHIP

Record Suspension Guide

Goals for Today. Membership Codes. Brought to you by: Skeetchestn Indian Band Council and Administration, and Sonya Pighin Law

Mental Illness, Criminal OfFences, & Deportation Tips for front-line workers

Preventing and Responding to Domestic Abuse against Newcomer, Immigrant, Refugees and No Status Women

PP 4. Processing Protected Persons' in-canada Applications for Permanent Resident Status

PERMANENT RESIDENT TRAVEL DOCUMENT

REFUGEE CLAIMANTS IN BRITISH COLUMBIA

IMMIGRATION Canada. Temporary Resident Visa. Dakar Visa Office Instructions. Table of Contents IMM 5865 E ( )

LAW SOCIETY OF BRITISH COLUMBIA

IMMIGRATION Canada. Beijing. Sponsorship of parents, grandparents, adopted children and other relatives. Visa Office Specific Instructions

MONTH XX, 2012 WELCOME TO THE CITIZENSHIP INFORMATION WORKSHOP

APPLICATION FOR CANADIAN CITIZENSHIP ADULTS (18 years of age or older) APPLYING UNDER SUBSECTION 5(1)

Modernization of Client Service Delivery

HOW TO RENEW PERMANENT RESIDENT CARD

IMMIGRATION Canada. Work permit. Bucharest visa office instructions. Table of contents IMM 5902 E ( )

Section ALL PROVINCES UNIFORM APPLICATION FOR REGISTRATION/ APPROVAL (FORM 1-U-2000)

IMMIGRATION Canada. Singapore. Sponsorship of parents, grandparents, adopted children and other relatives. Visa Office Specific Instructions

II. Procedures to Verify Citizenship/Legal Resident Status

CP 9. Acquisition and Loss of Canadian Citizenship

Skilled Worker Application Guide NEWFOUNDLAND AND LABRADOR PROVINCIAL NOMINEE PROGRAM

Attachment J WIOA Eligibility Checklist for In-School Youth

A Very Busy Year: A Brief Review of the Major Changes Made to Immigration and Refugee Law in By Chris Veeman

IMMIGRATION AND REFUGEE PROTECTION ACT [FEDERAL]

LAW SOCIETY OF BRITISH COLUMBIA

WHM VISA CANADIAN. CONTACT US Visafirst.com IDA Business & Technology Park Ring Roa d Kilkenny Ireland

Application Guide: Ontario s Express Entry French- Speaking Skilled Worker Stream

CHAPTER SEVENTEEN: CITIZENSHIP

IMMIGRATION Canada. Study permit. Dar es Salaam visa office instructions. Table of contents. For the following countries:

IMMIGRATION Canada. Applying to Change Conditions or Extend Your Stay in Canada - Visitor

Refugee Hearing Preparation: A Guide for Refugee claimants

IMMIGRATION Canada. Santiago. Application for Permanent Residence Skilled Worker Visa Office Specific Instructions.

Submissions to the Standing Committee on Citizenship and Immigration on Immigration, Refugee, Citizenship and Paralegal Practitioners

Custody and access issues for immigrants and people at risk of deportation

$ RIGHT OF CANADIAN CITIZENSHIP CITIZENSHIP APPLICATION FEES REVIEW ONLY $ $582 SERVICE ORDER FORM DOCUMENT CHECKLIST INSTRUCTIONS

Application Guide: Ontario s Express Entry French- Speaking Skilled Worker Stream

Citizenship Policy Manual CP 1. Citizenship Lines of Business

Update on Cessation O T T A W A I M M I G R A T I O N L A W C O N F E R E N C E U P D A T E D T O J U N E

WHY COMPLETE AN APPLICATION FOR QUÉBEC SELECTION CERTIFICATE?

Submissions to the Standing Committee on Citizenship and Immigration

IMMIGRATION Canada. Work permit. Tel Aviv Visa Office Instructions. Table of contents IMM 5932 E ( ) Document checklist Work permit

Nova Scotia Demand: Express Entry

IMMIGRATION Canada. Paris. Sponsorship of parents, grandparents, adopted children and other relatives. Visa Office Specific Instructions

NAVIGATING FROM EXPRESS ENTRY TO PERMANENT RESIDENCY: CRITICAL RISK AND COMPLIANCE ISSUES

IMMIGRATION Canada. Dar es Salaam. Sponsorship of parents, grandparents, adopted children and other relatives. Visa Office Specific Instructions

3.13. Settlement and Integration Services for Newcomers. Chapter 3 Section. 1.0 Summary. Ministry of Citizenship and Immigration

SUBMISSION TO THE SENATE STANDING COMMITTEE ON SOCIAL AFFAIRS, SCIENCE AND TECHNOLOGY

CHAPTER EIGHTEEN: CITIZENSHIP TABLE OF CONTENTS

1. PERIODS COUNTED TOWARDS RESIDENCE

Refugee Sponsorship Intake Guidelines A REFERENCE FOR CANADIAN CONTACTS AND SYRIAN REFUGEE APPLICANTS

IMMIGRATION Canada. Vienna. Sponsorship of parents, grandparents, adopted children and other relatives. Visa Office Specific Instructions

Guide for the New Brunswick Provincial Nominee Program Express Entry Category: New Brunswick Labour Market Stream

IMMIGRATION APPEAL DIVISION. What It Is and How It Works. qwewrt

Nova Scotia Nominee Program NSNP 100 Application Form for the Principal Applicant

IMMIGRATION Canada. Santiago. Sponsorship of parents, grandparents, adopted children and other relatives. Visa Office Specific Instructions

IMMIGRATION Canada. Lima. Sponsorship of parents, grandparents, adopted children and other relatives. Visa Office Specific Instructions

Labour Impact Category

IMMIGRATION STATUS AND SEX WORK

Guide for Supporting Family Members in Saskatchewan

Application Guide: Masters Graduate Stream

Canadian Citizenship Documents

Filling Out the N-400

IMMIGRATION Canada. Havana. Sponsorship of parents, grandparents, adopted children and other relatives. Visa Office Specific Instructions

Ontario Disability Support Program Income Support Directives

Application for an Offshore Humanitarian Visa Refugee and Humanitarian (Class XB) visa

Access to Health Coverage for Immigrants Living with HIV Quick Reference Guide

Citizenship Policy Manual CP 1. Citizenship Lines of Business

APPLICATION RESOURCE GUIDE

APPLICATION INSTRUCTIONS FOR PRACTISING CERTIFIED DENTAL ASSISTANT

INDEX. [Current to release ] (All references are to section number)

Instructions for Requesting Benefits Using USCIS ELIS. May AILA InfoNet Doc. No (Posted 05/22/12)

Application Form Guidelines Employer Driven Streams

APPLICATION RESOURCE GUIDE

Nova Scotia Nominee Program NSNP 100 Application Form for the Principal Applicant

CHAPTER 420 REFUGEES ACT

IMMIGRATION Canada. Work permit. Nairobi visa office instructions. Table of contents. For the following countries:

Refugee Hearing Preparation

IMMIGRATION Canada. Work Permit. Lagos Visa Office Instructions. Table of Contents IMM 5914 E ( )

Current Immigration Issues in Higher Education under the New Administration

IMMIGRATION Canada. São Paulo. Sponsorship of parents, grandparents, adopted children and other relatives. Visa Office Specific Instructions

Blaneys on Immigration

ENF 6. Review of Reports under A44(1)

Transcription:

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

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

A. CHANGES TO CANADA S CITIZENSHIP LAW

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

Some changes in force since August 1, 2014. 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

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.

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.

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.

B. WHAT TO INCLUDE IN A CURRENT APPLICATION

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

Application and checklist are all online, for free

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

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

Additional costs for language test if required English test: CELPIP General-LS - a two-skills (listening and speaking) version of the CELPIP General test $175.00 + tax French tests: See instruction guide

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.

C. TROUBLESHOOTING: WHEN TO REFER CLIENTS FOR LEGAL HELP

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

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

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

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*

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

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

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

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

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

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

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.

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.

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.

Many community legal aid clinics can help with these applications. Visit www.legalaid.on.ca to find a clinic near you.