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2018 Parent and Grandparent Sponsorship Program Announced

28/12/2017

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The Minister of Immigration, Refugees and Citizenship gave those who want to sponsor their parents or grandparents an early holiday present by announcing that the sponsorship program will open for registration on 2 January 2018.

In 2017 Immigration, Refugees and Citizenship Canada (“IRCC”) introduced a new “lottery” system to select applicants to fill its quota of 10,000 applications. In 2017 more than 95,000 people registered with IRCC. This year, the system will work in a similar manner and starting on Tuesday 2 January 2018, if you want to sponsor your parents or grandparents you can register your interest by submitting the “Interest to Sponsor” form online.

The 2018 registration process will have one important difference: the registration process will ask more questions to ensure you actually meet the key eligibility requirements before completing the registration process. So what are the eligibility requirements? In order to be eligible to sponsor your parent or grandparent you must meet the following minimum requirements:

  • 18 years of age or older;
  • a Canadian citizen, Registered Indian or permanent resident;
  • sponsor your parent or grandparent;
  • live in Canada;
  • sign an undertaking promising to provide for the basic requirements of the person you are sponsoring for a period of 20 years;
  • sign an agreement with the person you are sponsoring that confirms that each of you understands your mutual obligations and responsibilities; and
  • prove that you have sufficient income to provide the basic requirements for your family members in Canada as well as the persons included in your sponsorship undertaking.

The key requirement is the minimum necessary income you must show to support your sponsorship application. In order to meet this income requirement, you can combine your income and that of a co-signer for the past three years. The co-signer can be your spouse or common-law partner. The co-signer must also be eligible to sponsor and co-sign the undertaking of support for the period of 20 years.

The amount of income you must have depends on the size of your family and the number of people you are sponsoring. For example, if you are a family of three sponsoring both your mother and father, you (along with a potential co-signer) need to show income of at least $64,791 in 2014, $65,377 in 2015 and $66,654 in 2016 (the income figures for 2017 have not been announced yet). This amount varies based on the number of people in your family and those being sponsored. Your income over the three year period is verified based on proof of income from the Canada Revenue Agency.

There are a number of factors that prevent you from being able to sponsor such as if you are in receipt of social assistance (for any reason other than disability) or you are in default of a previous sponsorship undertaking, an immigration loan or family support payments. If you meet the eligibility requirements and are able to register your interest, here are some important tips to help you to sponsor your loved ones:

  • Review your tax filings and gather your Notice of Assessments for the last three years. If you have a co-signer, gather and review their documents as well. If your income (combined with your co-signer) is sufficient you can register online.
  • Consider that your co-signer has to agree to be part of your application until the permanent residence visa is issued for your parents or grandparents. If you believe that there is any reason why you may lose the support of your co-signer you should carefully consider whether you meet the eligibility requirements by yourself.
  • If you register yourself or use the services of an authorized representative (immigration lawyer or licenced immigration consultant) you should make sure to hold onto the registration code that is generated and check the email address you provide for the application process. There may be more than one selection round so you should keep your registration code safe to be able to check if there are subsequent rounds of selection.
  • If you are chosen to submit a sponsorship application you have a short period of time (likely 90 days) to submit your complete application including all original signed forms and supporting documents. Therefore you should be ready and able to compile the required documents for yourself and your parents very quickly.

And even if you sign up by yourself, make sure you do not lose your winning lottery ticket. IRCC is known to return applications that are missing a single signature or document. In order to be successful you have to submit a perfect sponsorship application either by yourself or with the assistance of an experienced lawyer. Good luck!


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Top 5 Documents You Should Keep for Immigration Purposes

22/12/2017

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For many who immigrate to Canada, they soon become familiar with a very Canadian phenomenon: piles and piles of paper records! Immigration officers and various government offices begin to give you documents. You accumulate documents when you open bank accounts, apply for credit cards, sign a lease or buy a home. And the piles of paper just keeps getting higher each month as you receive new bills and statements. But the key questions is: which of these documents should you keep and which will be required as proof of your immigration status or as part of any future applications you make to Immigration, Refugees and Citizenship Canada (IRCC)?  

1. Confirmation of Permanent Residence or Record of Landing
The Confirmation of Permanent Residence or Record of Landing is the document that is processed and issued to you when you land in Canada for the first time as an immigrant. It is an important proof of your status as a landed immigrant in Canada and you will need it to apply for your Social Insurance Number, provincial health card and driver's licence. However, long after you become a citizen of Canada, you may still need your Record of Landing and therefore you should make keep the original in a safe place. If you lose your Record of Landing you must apply for a “Verification of Landing” document. Currently it takes on average 6 months to process your request so you should plan carefully if you need a replacement document.


2. Copies of Application Forms and Courier Tracking Records

I often meet with applicants that want me to follow up their status of their application with IRCC. Whether it is an application for a particular visa, renewal of a PR Card or application for citizenship, the first step is to review their application forms that you have submitted. Therefore it is critical that you keep a copy of all application forms that you submit to IRCC for any kind of application. If your representative or lawyer submits an application on your behalf, you can ask them to provide you with a copy of the application forms for your records.


Equally important is the record of the courier and the courier confirmation of delivery for packages that you send to IRCC. In some cases we must prove that you submitted documents and that those documents were submitted within the deadline provided and the best evidence is the courier records. With the increasing use of electronic submissions and emails, you should also make sure that you keep your e-records and email accounts in case you need to refer to documents submitted online or by email.


3. Record of all Your Trips for PR Card Renewal and Citizenship Applications

Canada does not always stamp your passport when you enter the country and never stamps your passport when you leave. This presents a serious challenge if you have taken trips and want to apply to renew your PR card or apply for citizenship because you have to provide details of all your trips for the preceding 5 years. The best advice is to create a table and record all of your trips, the dates you left Canada, where you went, and the date you returned to Canada as well as any special notes about the trip. Trying to remember everything accurately after 5 years is very difficult and this table will save you much time and stress, especially since many countries do not stamp your passport to record your entry and exit.


In case of trips taken by plane you can also keep copies of your tickets or boarding passes. And in all cases you should keep your old passports as IRCC requires copies of your old passports at the time you apply to renew your PR Card, apply for a Permanent Resident Travel Document or apply for Canadian citizenship. Other important documents that you should keep as evidence of your physical residence in Canada include school records for your children, work records for yourself and copies of lease agreements and title deeds.


4. Tax Filings and Notice of Assessments
Whether you prepare your own taxes or use the services of an accountant, you should keep copies of your tax filings and any supporting documents that you provide such as T4s or T5s. Canada Revenue Agency (CRA) has specific rules for how many years you must keep your records and you can ask your accountant about this. In addition to your tax filings you should keep copies of your Notice of Assessments issued each year as well as documents demonstrating that you have paid any amounts outstanding to the CRA.

5. Keep Originals Safe and Copies Accessible
Just like other important documents such as marriage and birth certificates, you need to keep your original immigration documents such as your Record of Landing or PR Card in a safe place. When you have to use your documents while you travel, you should make copies of your important documents and if possible leave
copies with family members in case your original documents are lost or stolen. And remember your copies need not be physical copies and can be electronic copies that you store safely on a portable device or online. ​

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Overcoming Criminal Inadmissibility

18/12/2017

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Last week I wrote about who may be criminally inadmissible to Canada. But are there any ways in which you may be able to overcome criminal inadmissibility? The good news is that the answer may be yes.

Depending on the crime, how long ago it was committed and how you have behaved since, you may still be allowed to come to Canada, if you:
1. convince an immigration officer that you meet the legal terms to be deemed rehabilitated,

2. apply for rehabilitation and are approved,
3. are granted a record suspension or pardon, or
​4. apply for and obtain a Temporary Resident Permit.

Rehabilitation means that you are not likely to commit new crimes. Deemed rehabilitation means that enough time has passed since you were convicted such that your crime may no longer bar you from entering Canada. You may be deemed to be rehabilitated if your offence was a summary offence and at least 5 years has passed since the sentence was served, or it was an indictable offence punishable by a maximum imprisonment of less than 10 years, and at least 10 years has passed since you completed the sentence.

In other situations it may be more appropriate to submit a rehabilitation application to be allowed to enter Canada. In addition to meeting the eligibility criteria, you will have to show that you have rehabilitated, you are highly unlikely to take part in further crimes and at least 5 years has passed since the end of your criminal sentence and the day you committed the act that made you inadmissible.

The next option is to apply for a discharge or pardon. If your offence occurred in Canada and your charges have been withdrawn, dismissed, discharged (absolute or conditional), or pardoned under the Criminal Records Act, you are not considered criminally inadmissible. If you are able to obtain a pardon, it will permanently erase your Canadian criminal record, “and any consequences of inadmissibility resulting from it” within Canada. However, if your offence occurred outside of Canada, we will have to check to determine what impact the foreign record suspension or pardon will have on your admissibility.

Finally, you may be able to apply for a Temporary Resident Permit (“TRP”) that will allow you to enter or stay in Canada if it has been less than 5 years since the end of your sentence or you have valid reasons to be in Canada. In order to apply for a TRP, the need for you to enter or stay in Canada must outweigh any safety risks to Canadian society. You must be able to convince the immigration or border officer that your visit to Canada is justified. In assessing your application, the officer will look at various risk factors such as the seriousness of the offence, how much time has passed since the offence was committed, the chances of you committing further offences, evidence of rehabilitation, whether there are any outstanding charges and whether any controversy or risk is caused by allowing you into Canada. 


Unfortunately there is no guarantee that a TRP will be issued and generally a permit is issued for a limited period of time for you to visit Canada for a specific purpose. In some cases it is possible for us to apply for authorization to leave and re-enter with a TRP, for example in the case of a frequent business traveller convicted of a minor offence.

Whether you are criminally inadmissible or have concerns that you may face a risk of criminal inadmissibility, you should consult an immigration lawyer to understand your options and make a plan to deal with the issue proactively. A lawyer can assist you in assessing your situation and preparing necessary applications for rehabilitation or TRP. And make sure to plan ahead – these types of applications can take over a year to process and you want to be sure ensure that you have the necessary permission to enter Canada before embarking on your travels.


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Understanding Inadmissibility: Criminal Inadmissibility

14/12/2017

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Why does Canada deem that certain individuals are “inadmissible” to enter the country? Canada's immigration laws and regulations must balance the nation's interest in permitting immigration to maximize social, cultural and economic benefits for Canada as a whole while at the same time protecting the health and safety of Canadian and ensuring the security of Canadian society. Last week I wrote about medical inadmissibility and individuals who may be prevented from entering Canada because they may endanger the health of other Canadians. In this article, I will outline who may be deemed criminally inadmissible: the group of people who may not be allowed to enter Canada because they have committed a crime or been convicted of a crime inside or outside of Canada.

Canada's immigration laws and regulations make it clear that a foreign national or permanent resident who is convicted of an offence under any act of Canada's parliament is deemed criminally inadmissible. The most common offences are found under the Criminal Code of Canada and the Controlled Drugs and Substances Act and include manslaughter, assault, theft, dangerous driving and driving under the influence of drugs or alcohol, and possession of or trafficking in drugs or controlled substances. However, it is possible that someone may be convicted of an offence under the Immigration and Refugee Protection Act (“IRPA”) of an offence such as possessing false documents in order to contravene IRPA or direct or indirect misrepresentation.

Compared to medical inadmissibility, it is important to note that criminal inadmissibility can apply to those who are already permanent residents of Canada. In some cases, IRPA authorizes the removal from Canada of permanent residents (as well as foreign nationals) that are deemed to be criminally inadmissible.

Who is criminally inadmissible?
In order to determine if you are criminally admissible we need to know what offence you were convicted of and where the conviction occurred. Except in cases of crimes against humanity, the activity you are convicted of must be a crime in both the place it was committed and in Canada. Interestingly, for offences outside of Canada a conviction is not necessary but for an offence in Canada you must have an actual conviction to be considered criminally inadmissible.

The seriousness of the crime that was committed and the consequences that follow your conviction determine if the crime you committed makes you inadmissible. In Canada the terms used to describe difference in severity of an offence are “Indictable” (more serious) and “Summary” (less serious) offences. Some offences are “Hybrid” offences where you may be prosecuted by indictment or summary conviction. A person is generally inadmissible if convicted of an offence in Canada, or elsewhere in the world, that would be at least a hybrid offence in Canada.

Immigration officers are charged with determining the equivalency of foreign conviction compared to Canadian laws, such as the Criminal Code. Based on this, the immigration officer will determine if the criminal conviction will render the applicant inadmissible. In many cases this determination is very difficult because the criminal laws of each country are different in terms of how they define the elements of the crime and the consequences of a conviction. In cases where the crime is more serious, such as murder, armed robbery or burglary, the decision to grant admission to Canada cannot be made by the immigration officer but must be referred to a Manager or Supervisor for determination.

Is there any way to overcome criminal inadmissibility?
In some cases, there may be a compelling reason for you to enter Canada for either employment or family issues despite having a criminal record. In some cases you may be able to overcome your criminal convictions and enter Canada, and in the case of permanent residents who are convicted of a crime, it may still be possible to overcome the criminal record and apply for citizenship. Next week I will write about rehabilitation and temporary resident permits that may allow a person with prior convictions to enter Canada.

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Medical Inadmissibility

3/12/2017

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If you wish to immigrate to Canada, and in some cases if you are applying for a temporary visa, you must undergo a medical examination. The purpose of immigration medical examinations is to determine that you do not cause a danger to public health and that you do not have a medical condition that may be excessively costly to treat when you arrive in Canada.

Grounds for Medical Inadmissibility
Immigration medical examinations are carried out by designated physicians and Immigration, Refugee and Citizenship Canada (“IRCC”) has a list of physicians that can assist you in countries around the world. The medical examination is a standard physical exam and includes a series of tests (blood and urine) and x-rays. You will also be asked about your prior medical history and your mental state as part of the examination. The results of these examinations are extremely important as you may be found inadmissible to Canada if:
  1. your condition would endanger the health or safety of the Canadian population at large, or
  2. your condition may cause excessive demand on existing social or health services provided by the government.

An example of a medical condition that may make you inadmissible under the first category is Active Pulmonary Tuberculosis (TB). There are also other conditions that can make you inadmissible under this category such as suffering from a variety of brain disorders or applicants who have substance abuse issues that cause them to behave antisocially or in a violent manner, and other types of hostile and disruptive behaviour.

In the second category, you may be found inadmissible if your condition requires government–funded health services such as specialists, nurses, physiotherapists, laboratory services, medications or hospital care, as well as social services such as specialized residence or home care, social rehabilitative services, personal support services, and services intended to assist a person in their physical, emotional, social, psychological or vocational function. If the anticipated costs for these services are found to exceed the Canadian per capita health services and social services costs over a 5 to 10 year period, then the immigration officer may find you inadmissible due to excessive demand.

Can you overcome medical inadmissibility?
An immigration officer that is of the opinion you may be medically inadmissible will issue a “Procedural Fairness Letter” to you. This letter will provide you with an opportunity to respond to the allegation of medical inadmissibility within 60 days.

Medical inadmissibility cases are very complicated and many medical and even psychological conditions can lead to your immigration application being refused. It is very important to act quickly and receive legal advice as soon as possible. You are most likely to overcome medical inadmissibility if you can provide a response to the Procedural Fairness Letter that is fully researched and supported by specialized documents and legal arguments. If your application is refused due to medical inadmissibility a lawyer may also assist you in appealing the decision.


In some cases you can act proactively to increase your chances of avoiding medical inadmissibility. If you suspect that there may be medical concerns for yourself or any family member included in your application you can consult a specialized lawyer to determine the best way to proceed with your immigration application to avoid a finding of medical inadmissibility.


Potential Changes Coming to Medical Inadmissibility
One of the only exceptions to the strict requirements for medical admissibility has been the case of applicants under the family sponsorship category. These applicants are not subject to the excessive demand component of medical inadmissibility. However, the Minister of Citizenship and Immigration, Ahmed Hussen, appeared before the Standing Committee on Citizenship and Immigration on 22 November 2017 and stated that the “excessive demand” provisions for medical inadmissibility are out-dated and need to be changed.


These discussions about the need to change this part of medical inadmissibility are fuelled by a recognition of the discriminatory nature of this provision on people with disabilities. There are a number of proposals for updating this provision to better reflect Canada's view towards people with disabilities and implement legislation and policies that can increase inclusiveness in our society. We will need to wait to see recommendations of the Committee and whether these will be adopted into new law to change medical inadmissibility in the future. 
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    Authors: 
    Zeynab Ziaie 
    Zahra Ziaie 

    Note: This information is not intended as legal advice or opinion. You should always seek specialized legal advice with regards to your situation as the facts of each case are unique and the application of law varies in every case. 

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