Q I have been hearing a lot about changes to the refugee system. Are these going to be the biggest changes we have seen in some time? I am a Canadian and I hope that these changes may make our system work better and are long overdue.
A. I receive and welcome many questions from persons who are Canadian born or naturalized with an interest in immigration and/or refugee law and policy. The details of proposed changes have not been released but the Government has been quite vocal about wanting to make the refugee system more accessible to those in need of protection while eliminating the “clogging” of the process by those who are not in need of protection. When these changes come to light they will be another in an ongoing series of changes. Immigration policy is constantly evolving. In fact, much of the mythology that surrounds immigration and refugee processing is because many persons assume certain policies that once were in place are still in effect. The genuine aim of any change is to improve the system but it is an imperfect science and on the whole Canada’s immigration system had to become more responsive and open to remain globally competitive. Thank you for your question.
Wednesday, October 28, 2009
Bankrupt, But Can I Sponsor?
Q My application to sponsor my spouse from overseas was recently refused. The reason for the refusal is that I sponsored my two children to Canada in 2002, and when I got sick, I went on social assistance for about a year and a half. About a year ago, I also declared personal bankruptcy. In the refusal, Immigration wants me to repay social assistance, which amounts to a big amount. That money was included in my bankruptcy as debt. My question is, can I sponsor again, and is this a debt that can be wiped out in a bankruptcy? Thank you very much for your reply.
A. This is an interesting question. As your sponsorship application was refused recently, I assume you applied to sponsor your spouse during 2009 or late 2008. When you filled out the Application to Sponsor form, you were asked, among other questions, to declare whether you “are an undischarged bankrupt” and also, whether any of the “persons you previously sponsored or their family members received social assistance during the validity period of the undertaking”. So regardless of the bankruptcy issue as you sponsored your children in 2002 you likely remain under a legal obligation (up to ten years or until children reach age 25) to support them without social assistance. So if you answered “yes” to any of these questions you may not qualify to sponsor. Although I cannot conclusively advise based on the limited facts provided, you may need to repay the amount to the Government. Seek the assistance of counsel immediately. Good luck!
A. This is an interesting question. As your sponsorship application was refused recently, I assume you applied to sponsor your spouse during 2009 or late 2008. When you filled out the Application to Sponsor form, you were asked, among other questions, to declare whether you “are an undischarged bankrupt” and also, whether any of the “persons you previously sponsored or their family members received social assistance during the validity period of the undertaking”. So regardless of the bankruptcy issue as you sponsored your children in 2002 you likely remain under a legal obligation (up to ten years or until children reach age 25) to support them without social assistance. So if you answered “yes” to any of these questions you may not qualify to sponsor. Although I cannot conclusively advise based on the limited facts provided, you may need to repay the amount to the Government. Seek the assistance of counsel immediately. Good luck!
Monday, October 5, 2009
Are Lawyer's Scam Representatives?
Q I have checked Immigration Canada’s website regarding the use of a representative and it reads under Immigration Representatives: Warning: Don’t be the victim of a scam. Do representatives include attorneys?
I assume you are asking if lawyers (attorney – American term) are included in the generic wording “representatives” and the answer is yes and I also read into your question that you may be concerned about being a victim of a scam if you hire a lawyer. The wording on Citizenship and Immigration Canada’s (CIC) website is motivated by good intentions and the wording has improved but it still leaves a mistaken impression in my view. Many applicants are serviced by representatives that include lawyers most of whom in my experience are hard working individuals looking to best service their clients. CIC is attempting to minimize the fraud that occurs in Canada and overseas by unscrupulous individuals with one goal – profit. They often destroy dreams or create dreams of immigrating to Canada where immigration for those individuals is not a realistic option. Unfortunately better wording should clearly define and separate the key role lawyers do provide for the betterment of clients.
I assume you are asking if lawyers (attorney – American term) are included in the generic wording “representatives” and the answer is yes and I also read into your question that you may be concerned about being a victim of a scam if you hire a lawyer. The wording on Citizenship and Immigration Canada’s (CIC) website is motivated by good intentions and the wording has improved but it still leaves a mistaken impression in my view. Many applicants are serviced by representatives that include lawyers most of whom in my experience are hard working individuals looking to best service their clients. CIC is attempting to minimize the fraud that occurs in Canada and overseas by unscrupulous individuals with one goal – profit. They often destroy dreams or create dreams of immigrating to Canada where immigration for those individuals is not a realistic option. Unfortunately better wording should clearly define and separate the key role lawyers do provide for the betterment of clients.
Changes in the Citizenship Act
Q. I would like to know whether I am eligible for Canadian citizenship. My grandfather was born in Canada, moved to the United States when he was 18. He married there and had one daughter, my mother in the States. My mother visited Canada, but she never lived there or claimed Canadian citizenship. I have also visited Canada, but have never lived there. Am I entitled to Canadian citizenship? Thank you.
A. This question is really timely as the Citizenship Act is going to be amended on April 17, 2009 (Bill C-37). What will this bill do? There are a few things that Citizenship and Immigration Canada had in mind by amending the Act:
One, to restore citizenship to those people who have lost it due to the former legislation;
Also, it will give the right to citizenship to certain people who have never been Canadian and who are of the first generation born outside Canada to a Canadian parent;
At the same time, the legislation will expand the eligibility of adopted persons including those adopted between January 1, 1947, and February 14, 1977;
On the other hand, the Act will limit citizenship by descent to the first generation born outside Canada to a Canadian parent; and, last but not least
Similarly, the Act will limit citizenship by adoption to the first generation born or adopted outside Canada to a Canadian parent.
To answer your question, as you are 2nd generation born outside Canada (grandparent born in Canada, neither of your parents are Canadians) you will not be eligible for Canadian citizenship.
A. This question is really timely as the Citizenship Act is going to be amended on April 17, 2009 (Bill C-37). What will this bill do? There are a few things that Citizenship and Immigration Canada had in mind by amending the Act:
One, to restore citizenship to those people who have lost it due to the former legislation;
Also, it will give the right to citizenship to certain people who have never been Canadian and who are of the first generation born outside Canada to a Canadian parent;
At the same time, the legislation will expand the eligibility of adopted persons including those adopted between January 1, 1947, and February 14, 1977;
On the other hand, the Act will limit citizenship by descent to the first generation born outside Canada to a Canadian parent; and, last but not least
Similarly, the Act will limit citizenship by adoption to the first generation born or adopted outside Canada to a Canadian parent.
To answer your question, as you are 2nd generation born outside Canada (grandparent born in Canada, neither of your parents are Canadians) you will not be eligible for Canadian citizenship.
Thursday, September 10, 2009
USA Green Card Holder
Q. I am a US green card holder and will become a US citizen this year. I was wondering if I have a right to live and work in Canada. Also if I gave birth in Canada, does my child get Canadian citizenship?
A. An interesting question, as some perceive the USA and Canada because of its geographic proximity and strong relations that the two countries share one immigration system or there are shared privileges akin to the European Union. This is not the case and the right to live and work in the United States does not entitle a person to the right to live and work in Canada. Both countries implement and administer their own immigration laws, regulations and policies. Having said this there are some benefits, U.S. citizens for example are visa exempt to visit Canada. The North American Free Trade Agreement as another example recognizes and processes certain classes of workers from the United States and Mexico differently than other pasts of the world. On the whole though, Canadian immigration laws apply to persons equally, all over the world. Thus, in your case, by becoming a US citizen although you might benefit by applying under certain Canadian immigration categories you do not have the right to automatically live and work in Canada. As for your child, if born in Canada s/he does enjoy the right to become a Canadian citizen upon the filing of the appropriate registration documents. Good luck!
A. An interesting question, as some perceive the USA and Canada because of its geographic proximity and strong relations that the two countries share one immigration system or there are shared privileges akin to the European Union. This is not the case and the right to live and work in the United States does not entitle a person to the right to live and work in Canada. Both countries implement and administer their own immigration laws, regulations and policies. Having said this there are some benefits, U.S. citizens for example are visa exempt to visit Canada. The North American Free Trade Agreement as another example recognizes and processes certain classes of workers from the United States and Mexico differently than other pasts of the world. On the whole though, Canadian immigration laws apply to persons equally, all over the world. Thus, in your case, by becoming a US citizen although you might benefit by applying under certain Canadian immigration categories you do not have the right to automatically live and work in Canada. As for your child, if born in Canada s/he does enjoy the right to become a Canadian citizen upon the filing of the appropriate registration documents. Good luck!
Monday, September 7, 2009
Can I Reactivate my Permanent Residency Status?
Q We would like to pursue the possibility of returning to Canada as residents. My husband and I became permanent residents in 2002. We received our PR cards in 2004 which expired in August 2009. We lived in Canada for a total of only 8 months.
We are Malaysian citizens but we have been living in Iowa, USA, for the last 9 years as students and now with H1B visas. Is there anything we can do to reactivate our Permanent Residence? We are willing to reapply for our PR if all fails.
A. As previously written on other occasions, unfortunately, you have compromised your permanent resident (PR) status by not complying with the residency obligation, mainly, to be in Canada for at least two years out of any five. Eight months in Canada since 2002 (six years) is way short of the requirement. There are various options. One, you could look into the possibility of making another permanent residency application, but as the law has changed since 2002 you must determine if you qualify. If you seek to reapply for permanent residency status at some point in the process you will have to renounce your permanent resident status. Another alternative would be to continue your studies in Canada as temporary residents. Third, you could attempt to maintain your permanent residency status on a humanitarian basis and attempt to justify why you have been outside of Canada for such a lengthy period of time. There are various options and you should contact an immigration lawyer and carefully weigh the possibilities. Good luck!
We are Malaysian citizens but we have been living in Iowa, USA, for the last 9 years as students and now with H1B visas. Is there anything we can do to reactivate our Permanent Residence? We are willing to reapply for our PR if all fails.
A. As previously written on other occasions, unfortunately, you have compromised your permanent resident (PR) status by not complying with the residency obligation, mainly, to be in Canada for at least two years out of any five. Eight months in Canada since 2002 (six years) is way short of the requirement. There are various options. One, you could look into the possibility of making another permanent residency application, but as the law has changed since 2002 you must determine if you qualify. If you seek to reapply for permanent residency status at some point in the process you will have to renounce your permanent resident status. Another alternative would be to continue your studies in Canada as temporary residents. Third, you could attempt to maintain your permanent residency status on a humanitarian basis and attempt to justify why you have been outside of Canada for such a lengthy period of time. There are various options and you should contact an immigration lawyer and carefully weigh the possibilities. Good luck!
Monday, August 24, 2009
I Would Like to Apply Again
Q. I became a permanent resident in 2003. My PR card expired in 2008. When I applied for immigration I declared that I was not married. At that time, I was about to separate from my wife, but later on we patched-up, but I did not inform the CIC and landed as “not married”. After landing, I just stayed in Canada for 4 months and returned back home. I have also some misstatements in my application, therefore I would like to renounce my PR status and re-apply anew on accurate data.
A. This is quite a complex matter. First, your admission of having misrepresenting yourself in the previous application in a number of ways will clearly impact the likelihood of maintaining or reacquiring permanent resident status. Although you landed as a permanent resident in 2003 it seems that you have not met your residency obligations and likely lose your status. However, in the system you are still a permanent resident. Until you attempt reentry or renounce your status technically you remain a permanent resident. If you do seek to renounce your status you will have to contact the Canadian Visa office in your country or surrounding area to renounce your permanent resident status.
At that point you may apply again with your spouse but it may not be as easy as simply wiping the slate clean. A misrepresentation finding may be made against you with a two year ban from Canada and your spouse, if previously not declared, may not be sponsored by you for life. In short, serious consequences may flow from your previous application. Although there are options you should not take any steps, even renouncing your previous status, unless under the assistance of an immigration lawyer as the consequences in cases like yours are serious and lasting. Good luck!
A. This is quite a complex matter. First, your admission of having misrepresenting yourself in the previous application in a number of ways will clearly impact the likelihood of maintaining or reacquiring permanent resident status. Although you landed as a permanent resident in 2003 it seems that you have not met your residency obligations and likely lose your status. However, in the system you are still a permanent resident. Until you attempt reentry or renounce your status technically you remain a permanent resident. If you do seek to renounce your status you will have to contact the Canadian Visa office in your country or surrounding area to renounce your permanent resident status.
At that point you may apply again with your spouse but it may not be as easy as simply wiping the slate clean. A misrepresentation finding may be made against you with a two year ban from Canada and your spouse, if previously not declared, may not be sponsored by you for life. In short, serious consequences may flow from your previous application. Although there are options you should not take any steps, even renouncing your previous status, unless under the assistance of an immigration lawyer as the consequences in cases like yours are serious and lasting. Good luck!
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