This Canada day will be extra-special for hundreds of people as they participate in special Canada Day citizenship ceremonies scheduled across the country where they will finally be able to become Canadian citizens.

Through out the 151 years since the enactment of Canada's Constitution Act of 1867 that united the colonies of Canada, New Brunswick and Nova Scotia into a single dominion known as “Canada”, the country has had different rules and regulations for allowing immigrants to enter Canada and how they qualified to become citizens of Canada.

As a dominion under British rule, Canadians were initially classified as “British Subjects”. Over the years a new and separate status of “Canadian national” was created by the Canadian National Act of 1921. Canada continued to gradually gain its independence from Britain which culminated in the Constitution Act of 1982 and Britain ceased to have any legislative authority over Canada.

The current Citizenship Act was amended significantly in 2017 based on the election promises of the Liberal Party and made important changes to the requirements to qualify to become a citizen and equally importantly the right to retain citizenship. Under Canada's current laws there are four ways you can acquire Canadian citizenship:

1. by birth on Canadian soil
2. by descent (being born to a Canadian citizen parent) – there are some limited exceptions that I have written about before
3. by grant or naturalization where you apply to become a Canadian citizen upon meeting the eligibility criteria
4. by adoption

While the process of citizenship by birth and descent is automatic, for become a naturalized citizen you will need to follow a process set out by the Citizenship Act. Once you apply, Immigration, Refugees and Citizenship Canada (“IRCC”) will first check to ensure that you meet the eligibility critiera: for example have you been physically present in Canada for the requisite number of days or do you have proof of your language ability?

If you pass this initial assessment, you will be invited to write the citizenship exam if you are between 18 and 54 or attend an interview if outside of this age range. Also as part of the assessment IRCC will run background checks to confirm that you do not have any criminal charges or convictions in the past 4 years before your citizenship application that would make you criminally inadmissible for Canadian citizenship.

Once your eligibility has been confirmed you will be invited to attend a citizenship ceremony and take the oath of citizenship. While children under 14 and certain other individuals are exempted, to become a citizen by naturalization you must take the oath of citizenship. The oath of citizenship is a statement that is recited and signed in the citizenship ceremony where you promise or declare your fealty to the Canadian monarch and promise to abide by Canada's laws and uphold the duties of Canadian citizenship. Upon signing the oath of citizenship you will be presented with a citizenship certificate that will be your proof of Canadian citizenship and will make your new status as a Canadian citizen.

If you are interested in attending a citizenship ceremony on Canada Day you can find the times and addresses of local ceremonies here:  https://bit.ly/2yPD80Y​

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. ​

Over the last few weeks I have written about the legal obligations of PRs and maintaining your PR status. However, what are your appeal rights if a negative decision is made with regards to your PR status, either in Canada or at a Visa office abroad?


When and How to Appeal a Negative Decision
If a negative decision is made with regards to your PR Card renewal application and you are in Canada, you will be issued with an order to leave Canada. You have 30 days after you receive the negative decision to file an appeal with the Immigration Appeal Division (“IAD”). You cannot be removed from Canada during these 30 days and if you file an appeal you cannot be removed until a decision is made with respect to your appeal.


If a negative decision is made outside of Canada by a visa officer that you have lost your PR status, you have 60 days to appeal the decision to the IAD. If you would like to attend your hearing at the IAD, you may be able to apply for a travel document from the IAD. The IAD has the power to order that you be allowed to return to Canada to attend your hearing if you prove that it is necessary.


Filing an Appeal & Preparing for your Hearing
While it is possible to represent yourself in your appeal, this is a complicated legal process and the consequence of the final decision is that you may lose your PR status and be removed from Canada. Filling the form to register your appeal is a simple step but preparing your appeal and defending yourself at your hearing is anything but simple. I often meet appellants who come to me after their appeal has been refused, but at that point it is very difficult for us to change the decision. Therefore if you have an appeal you should ensure that you work with your counsel to make the strongest case possible and present all your evidence at your appeal hearing.


Depending on where you are, current wait times from receiving a hearing date range from 12 to 18 months. It is important to know that your ultimate chance of being successful in your appeal depends in part on what you do after your appeal is filed. Do you remain in Canada and become more established and committed to making Canada your permanent home? For example if you were not in Canada 730 days, remaining in Canada from the time you file your appeal up to your hearing date, and taking steps to become established, will assist you in proving that there are adequate Humanitarian and Compassionate grounds in your case.


It is crucial that you are well prepared for your hearing and file all documents you intend to rely upon within the set deadlines of the IAD. In some cases there are relevant witnesses that we want to bring to the hearing to support your appeal. Your appeal is your chance to present all your evidence to the IAD but it is also your last chance to present evidence. After your hearing you will not be able to present any new documents or information and your appeal will be decided based on the existing evidence.


Residency obligation appeals involve two parties: you and the Minister of Immigration’s counsel. You will be able to present all the relevant evidence and the Minister's counsel will have a chance to cross-examine you. You should also be prepared for the Minister's counsel to fight against your case and argue why you should not be allowed to remain a PR of Canada.


Possible Outcomes
Once your hearing has taken place you are faced with two possible outcomes. The IAD may grant your appeal based on legal grounds (for example the calculation of the number of days you were in Canada was incorrect), or on humanitarian and compassionate grounds (these grounds were discussed in depth in my article last week). Or if the IAD does not agree with your appeal they may hand down a decision where you lose your PR status and a departure order is issued against you. A decision of the IAD may be appealed to the Federal Court of Canada (by either party).


If you end up losing your PR status you will need to apply for a visa before travelling to Canada. Should you wish to become a PR again, you will need to qualify under one of the existing programs and submit a new application and start all over again.
​

Up to 300,000 people come to Canada as “immigrants” each year. When immigrants enter Canada for the first time, or “land” in Canada, they are processed and their information is taken to issue them with a permanent resident card. What is the legal status of immigrants and what are their legal rights and obligations as residents allowed to live permanently in Canada? No matter how welcoming the immigration officer at the airport or border is, there is no time for him or her to explain the intricacies of the immigration system to each new immigrant.

So what is your status as a permanent resident in Canada? In an effort to help you to better understand your status, below is a summary of the key points that immigrants must understand about their legal status in Canada, their rights and what they must do to maintain their status.

Legal Status
Immigrants to Canada are granted “permanent resident” or “PR” status when they land in Canada. However, they remain citizens of other countries.

Court cases over the past thirty years have established that PRs of Canada are protected under under the Charter of Rights and Freedoms, and are granted most of the same rights and freedoms, such as the right to life, liberty and security, equal treatment under the law, and so on. This means being free to choose where you want to live and what you do with your life in Canada. PRs also have the right to get most social benefits that Canadian citizens receive, including health care (e.g. OHIP coverage when you meet the provincial requirements). And once you meet the conditions, as a PR you may apply to become a Canadian citizen.

There are also a few critical limitations on PRs in terms of engagement in civic life in Canada. Only Canadian citizens are permitted to vote or run for public office, and in hold certain jobs that require a high-level security clearance. In return for the rights and privileges that you enjoy as a PR, you are required to respect all Canadian laws (federal, provincial and municipal). And unlike citizens, whose status as citizens is protected unless in cases where the citizenship was obtained by fraud, PRs can more easily lose their permanent residence status. For example, not meeting the residency obligation or being convicted for a serious criminal offence may result in you losing your PR status

Proof of Legal Status and Losing your PR Status
One of the biggest misconceptions is that when your PR Card expires you lose your PR status in Canada. PRs of Canada are issued with PR Cards and must carry their valid PR Card (or a PR Travel Document) when travelling to Canada by air or any other commercial carrier. However, a valid PR Card, or lack thereof, is not determinative of your status as a PR in Canada.

You can only lose your PR status if you go through an official process. For example if you apply to renew your PR card or apply for a PR Travel Document but do not meet the conditions, an adjudicator can determine that you are no longer a PR after an inquiry or appeal. Even if you did not meet the residency obligation for maintaining your PR status, you are still a PR until an official decision is made with regards to your status. Alternatively, you may renounce your PR status and no longer want to be a PR. And finally, once you become a citizen your legal status changes from PR to citizen.

Your Role in Maintaining your Legal Status
It is up to you to know your legal status and make efforts to maintain it. Being unfamiliar with the law or acting on incorrect information gathered from family or friends, or even unqualified representatives, is not an acceptance defence to not adhering to the law. The consequence of losing your status can result in you being removed from Canada. All the more reason for you to be proactive in maintaining your legal status in Canada.

Coming Next...
In the coming weeks I will explore the issues surrounding permanent residence including conditions and requirements when applying to renew PR cards, understanding residency obligations and what to do if you face a negative decision with regards to your PR status in Canada.