Immigration Law Flashcards
S. 33 of IRPA
Interpretive aid in the admissibility context - says it’s on a reasonable grounds to believe standard that there is admissibility concerns, by omissions and failures as well as actions
Two kinds of subversion
- Supervision by force of any government
- Act of supervision (not including force)
Foreign national
Covers temp resident, refugee claimant, protected person, refugee, undocumented person
Temporary resident
International student, foreign worker, visitor
Naturalization
Become citizen by application
Ministerial instruction
The minister issuing special instructions to immigration officers to enable the gov to “best attain its immigration goals”
Conditions imposed on all temporary residents
a. To leave Canada by the end of the period authorized
b. to not work, unless authorized
c. if authorized to work, not engage in sex work
d. to not extend the employment agreement
e. To not study unless authorized by the act
d. Comply with all the requirements
S.183 of the Regulations
Conditions automatically imposed on a visitor
S. 7 of the regulations
Requirement to get a temporary resident visa, which you need before you can enter Canada on a temporary basis
Temporary resident via
The only way to come into Canada if you’re not exempted from getting a visitor visa
Temporary resident permit
Different from a temporary resident permit – this is something you can get right on entry (ie, US citizens can just show up and get this)
What you need to be given a study permit
- Acceptance at a designated learning institute
- Will leave at the end of authorized study
- Genuine interest to study
- Sufficient funds for tuition, living expenses and transportation
Some of the exceptions for needing a work permit to work in Canada?
Religious workers, charitable workers, students working on campus, guest speakers, performing artists for limited event
Two ways to sponsor a family member
- Direct sponsorship - where the sponsor is already a pR or a citizen of Canada and the applicant (generally) lives abroad
- Accompanying family member
Two ways for an adopted child to get status in canada
- Direct grant of citizenship
- Sponsorhip
Factors that may be considered when looking at whether at adoption is “genuine”
- Motivation of adopting parent
- Motivation of biological parent (lesser extent)
- Authority of adopting parents over child
- Relationship of the adopted child with biological parents
- Treatment of adopted child vs biological child
- relationship between adopted child and the adopting parents before the adoption
- Changes to the status of the adopted child
8Arrangements taken by adoptive parents for caregiver of child
Lengths of undertaking
Spouse - 3 years
Dependant child over 22 - 3 Years
Younger than 22 years of age for other dependant children - 10 years
Parent/grandparent - 20 years
Parent or grandparent super visa
A deterrent method for sponsorship – multiple entry, longer entry period often
NOCs
National occupational classification - Standardised system that defines more than 35k jobs in 500 occupational group descriptions, Matrix organised to show occupation skill types and skill levels for different jobs.
Grounds of inadmissibility and the sections covering them
a. National security
b. Human rights violations
c. Criminal inadmissibility
d. Medical
e. Burden on social services
f. Misrepresentation
g. Non compliance with the act
h. Inadmissible family member
Components of a crime against humanity
- Enumerated act
- Act committed as part of a widespread or systemic attack
- Attack was directed against ANY civilian population or identifiable group of people
- Person committing the prescribed act KNEW of the attack
