Ziaie Law: News

Understanding Inadmissibility: Who is inadmissible for immigration purposes?

24/11/2017

Immigration laws and regulations determine the requirements to enter and the process for applying for temporary and permanent visas. They also set out the class of applicants who are not allowed to enter Canada even if they otherwise qualify as a permanent immigrant or temporary worker, student or visitor. These are people who are deemed “inadmissible” under Canada's immigration laws and are not normally allowed to enter Canada.

What is inadmissibility?
You may be found to be inadmissible to Canada for a number of reasons. The top 5 reasons that you may be inadmissible are:

Medical inadmissibility: you have a serious health problem
Criminal inadmissibility: you have been convicted of a crime, or you have committed an act outside Canada that would be a crime
Security inadmissibility: you are a security risk, have committed human or international rights violations, have ties to organized crime
Financial inadmissibility: you have a serious financial problem
Misrepresentation inadmissibility: you lied in your application or in an interview

You may also be found to be inadmissible if one of your family members in your application is inadmissible for any of the above reasons.

How to know if you are inadmissible?
Whether you are inadmissible depends on your specific circumstances, but the place to start is to ask yourself if have you might fall under any of these categories:

Have you been convicted of a criminal offence, inside or outside Canada?
Do you have a medical condition that requires significant medical treatment?
Do you have sufficient financial resources to support yourself (and in some cases your family members)?
Have you lied or misrepresented information to the Government of Canada?

If the answer to any of these questions is yes, you may be inadmissible. The facts of your case will be different from that of any one else and you should be careful not to make a decision based on the experience of your family and friends. You should consult a lawyer to determine if you have an actual or potential inadmissibility and what the best course of action is to deal with the inadmissibility.

Can you overcome inadmissibility to Canada?
As part of the process of being assessed for entry to Canada, either for permanent (immigrant) or temporary entry (tourist, student or worker), all applicants have to satisfy the officer that they are not inadmissible and should be allowed into the country. The implication of being found inadmissible is that you will normally not be allowed to enter Canada. However, it is sometimes possible to overcome inadmissibility either by demonstrating that you have become rehabilitated or that appropriate time has passed since the event that made you inadmissible. In some circumstances you may have a valid reason to travel to Canada, in which case you may apply for a Temporary Resident Permit. In other, more complicated cases you may be have recourse by turning to the Immigration and Refugee Board or the Federal Court.

In the coming weeks I will be writing about the different types of inadmissibility and options you may have to overcome them and be allowed to enter Canada.

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Impact of Ontario College Strike on International Students

17/11/2017

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Approximately 12,000 college professors, librarians and counsellors from 24 colleges across Ontario have been on strike since October 16, 2017 and roughly 500,000 college students across the province have been missing classes for the last month. This is a very stressful time for students who are left wondering whether they will lose this semester and if they can complete their studies in time and find jobs upon graduation. International students face greater challenges as they will need to consider the consequence of the delay on their study permits and their plans after they graduate.

Canadian universities and colleges have ramped up international recruiting of students over the past decade. The number of international students in Canada has increased dramatically and almost half of all international students currently study in Toronto's universities and colleges. In fact the number of international students in Toronto has increased from 10% of college students in 2009 to over 20% of college students in 2015.

International students pay tuition fees that are often double or even triple the fees that domestic students pay. These international tuition revenues make up for lower domestic enrolment and decreasing funding faced by many colleges across Canada. And with the opportunity to apply for post-graduate work permits and potentially apply for permanent residence, more international students have been choosing Canada in recent years.

So what does this strike mean for the thousands of international students across Ontario? Of the regulations governing study permits, the following are the most important aspects that international students must consider if they are missing classes because of the college strike:

All study permits include a condition that the student must be making continual progress towards the completion of their program. Students cannot abandon their studies and pursue other activities when they are in Canada with a study permit.

International students are permitted to perform up to a maximum of 20 hours of work per week during regular school sessions. While students may be facing a financial difficulties because they will have to incur additional living expenses from their prolonged semester, they are limited to working no more than 20 hours a week, even if they are not attending classes. They will need to ensure that they have the necessary funds to be able to pay their living expenses once classes resume. Some colleges may provide financial assistance to students if they are facing financial hardship as a result of the strike and international students should check with their college to find out about these programs.

Students must demonstrate that they studied continuously to qualify for a post-graduate work permit and have a limited period of time after they complete their studies and obtain their diploma to apply for this work permit.

The good news is that Immigration, Refugees and Citizenship Canada (IRCC) has already stated that students whose studies are affected by the labour dispute in Ontario's colleges will not face enforcement action for not being able to fulfil the condition to be studying. Those international students who need to apply for extensions of their study permits must include a letter from their college's registrar to confirm the impact of the strike. Further, the gap in studies resulting from the strike will not prevent students from applying for a post-graduate work permit.

The next round of votes in the strike action were held from November 14 to 16. Irrespective of the outcome of the vote, students have already missed more than a month of classes. International students need to carefully consider their situation, and budgets, and act in time to ensure that they retain their legal status in Canada. Most importantly with the prolonged study periods, students should ensure that they apply to renew their study permits before they expire and where necessary make new work plans after the current semester is finally over.

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Increase in Age of Dependent Children Allowed in Immigration Applications

10/11/2017

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Who qualifies as a “dependent child” in a Canadian immigration application? The answer to this important changed on October 24, 2017 when new regulations came into effect allowing certain young adult children to be included in their parents’ immigration application. The aim of these changes is to allow more families to remain together as a family unit and avoid breaking apart families with a view to making Canada a more attractive immigration destination.

Under the age definition of “dependent child”, an applicant for immigration can include his or her children who are below 22 years of age and are unmarried and not in a common-law relationship. In certain circumstances a child who is 22 years and older but has relied financially on his or her parents due to a physical or mental condition may also fit under the definition of dependent child.

Previous Definitions
This is a return to a similar maximum age that was in effect before August 2014. Prior to 1 August 2014, if your child was a young adult they could be considered a dependent child until the age of 22 years and in the case of children over 22 years old they could still be considered a dependent if they if they were full-time students since before turning 22 and were dependent financially on their parents. After 1 August 2014, the maximum age was set as “less than 19” and did not allow for any excpetions, other than with respect to children who were financially dependent on their parents due to a physical or mental health condition.

The latest changes take us back to a similar maximum age that was in effect prior to August 2014, with one important difference: a clear cut-off for the maximum age to be included as a dependent child. It was previously possible for a child to be over 22 years old but included in his or her parents’ immigration application as long as he or she could demonstrate that he or she was in full-time, continuous education. Assessing whether a child met this definition was not clear and was often a very time consuming process. The new definition clear: to be included in his or her parents’ immigration application he or she must be under 22 years of age (apart from a case where there is a documented physical or mental health condition as explained above).

What is the date at which age becomes “Locked-in”?
This is a very important question and will determine whether your child will meet the definition of dependent child or not. Generally, the locked-in age is determined at the time when a complete immigration application for permanent residence is received by Immigration, Refugees and Citizenship Canada (IRCC). In cases involving immigration through Quebec, the locked-in date is when the complete application is received by the Quebec immigration authorities. However, there are many immigration programs that are effectively a two step process and no complete application is submitted until later. For example, many provinces currently have an “Expression Of Interest” system in place where interested applicants submit preliminary applications and wait to be selected to proceed with their application. Similarly, under the “Express Entry” system, you first create a profile with all of your eligibility information and you cannot submit a complete immigration application until you receive an “Invitation To Apply” from IRCC. In these cases, it is important to note that even if your child is under 22 when you first start the process but they have become 22 years old before you submit your complete immigration application, they will not be locked in and generally will not be deemed to be a dependent.

Limited Time to Add Previously Excluded Young Adult Children to Your Immigration Application
I have been asked by applicants who have recently landed or who have application still under process about how this change in definition will affect their children who were 19, 20 or 21 at the time they submitted their immigration application. The answer will depend on exactly when you submitted your application and how old your child was at that time.

The good news is that for many children who were 19, 20 or 21 at the time their parents applied for immigration between August 1, 2014 and October 24, 2017, and who are unmarried and not in a common-law relationship, there may be an opportunity to either add your child back to your application or apply to sponsor your child. There is however a very limited period of time to act as you must inform IRCC about your dependent child before January 31, 2018.

Whether your application is still in process or you have landed in Canada based on an application between August 2014 and October 2017, the best course of action is to seek legal advice and find out what you can do for any dependent children that was not included in your application before the January 31, 2018 deadline.

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Canadian Citizenship – Part 4: International Adoption – Immigration and Citizenship for your Adopted Child

7/11/2017

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Adopting a child and welcoming him or her into your family is a beautiful and complex process. If you choose to adopt a child from outside of Canada, you will also need to think about how to bring your newest family member to Canada.

International adoption
The legal process of adopting a child is governed by the laws of the country where the child lives. Countries often have strict requirements for who qualifies as an adoptive parent and the process they have to go through in order to obtain legal status as a parent. Many countries also limit the ability of non-nationals to adopt children, making the international adoption process even more complex.

Since 1996 Canada has been party to the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, also known as the “Hague Convention”. The Hague Convention was established to help regulate international adoptions with respect to the best interests of the child and with respect for their fundamental human rights. It is also intended to help prevent the child trafficking. Canada's commitments under the Hague Convention inform its own requirements for what is an acceptable adoption. Therefore, in order for an adoption to be accepted by Canadian immigration authorities, the adoption must meet the following requirements:

The adoption must be in the best interests of the child.
The adoption will create a genuine relationship of parent and child.
The adoption is in accordance with the laws of the place where the adoption took place and the laws of the country of residence where the adoptive parents reside.
The adoption must not have been entered into primarily for the purpose of acquiring immigration or citizenship status.
The adoption must not have occurred in a manner that circumvented the legal requirement for international adoptions.

In addition, if the adopted person is 18 years or older, a genuine relationship of parent and child must have existed between the adopted person and the adoptive parent before the adopted person turned 18 year old and at the time of the adoption.

As adoption laws and adoption authorities can vary greatly from country to country it is important that you obtain accurate advice from a lawyer or adoption agency in the country to understand the local requirements and processes before you embark on this journey.

How can you bring your child to Canada once the legal adoption process is complete?
Your options to bring your adopted child to Canada will depend on your legal status at the time of adopting your child. You can generally use either the “citizenship process” or “immigration process” to bring your child to Canada. Under the citizenship process, if you meet the requirements that are summarized below, your child will become a Canadian citizen and will enter Canada as a citizen. Under the immigration process, your adopted child will be granted permanent residence status and will obtain a permanent residence card upon landing in Canada. They can then become a citizen by meeting the requirements for naturalization.

Citizenship Process:
If one of the adopting parents is a Canadian citizen at the time of adoption you can apply for a direct grant of citizenship for your adopted child. Under this process there is no need for a medical examination that is required for potential immigrants to Canada. It is important to note that an adopted child who obtains citizenship in this manner may be affected by the law limiting citizenship by descent that I wrote about last week as they are born outside of Canada.

Immigration Process:
If neither of the adoptive parents are Canadian citizens at the time of adoption they will have to use the immigration process to sponsor their child to become a permanent resident in order to come to Canada. Also, adoptive parents who are citizens but subject to the first generation limit to citizenship by descent (and do not fall into one of the exceptions) will have to sponsor their children to obtain permanent residence. As this is an immigration process, your adopted child will have to undergo all necessary immigration checks including medical examinations, and in the case of non-minor children background and security checks are also required.

While the adoption and immigration process can seem complex at the outset, knowing the legal requirements and fully understanding the process can help make the journey a smoother one. Speaking with an experienced immigration lawyer and finding the right adoption agency to guide you through the process can be the first step towards bringing home your newest family member.

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NEWS

Understanding Inadmissibility: Who is inadmissible for immigration purposes?

Impact of Ontario College Strike on International Students

Increase in Age of Dependent Children Allowed in Immigration Applications

Canadian Citizenship – Part 4: International Adoption – Immigration and Citizenship for your Adopted Child

Authors:
Zeynab Ziaie
Zahra Ziaie

Archives

Categories

NEWS

Understanding Inadmissibility: Who is inadmissible for immigration purposes?

Impact of Ontario College Strike on International Students

Increase in Age of Dependent Children Allowed in Immigration Applications

Canadian Citizenship – Part 4: International Adoption – Immigration and Citizenship for your Adopted Child

Authors: Zeynab Ziaie Zahra Ziaie

Archives

Categories

Authors:
Zeynab Ziaie
Zahra Ziaie