Mid Term 1 Immigration Flashcards
Michael Walzer Concept
In immigration regulation states behaves as clubs admission is selective past and currents club members define criteria for admission of future members, no one outside had a right to be inside, families moral obligation to admit relatives neighbours no one has control of entry and exit, ability to find a job and place to live
Liberal Approach Joseph Carens
Equal morals worth of individuals, Individuals should have liberty to move and settle in a new country, boarders should be generally open, no restrictions
Constitution Act 1867
section 95 - federal and provincial power over immigration section 91(25) federal power over naturalization and aliens
Charter
section 6 rights of citizens, section 7 right to life section 12 prohbition of cruelness, section 15 equality
Requirements Bill C-6 Current
Required length of residence 3 out of 5 years prior to application, language and knowledge of canada for individuals 18 to 54
Declaration of intention to reside canada filling tax returns
3 types of citizenship
citizen, permanent resident, foreign national
Citizenship Acquisition
just soil, by birth ( born in canada). by descent, (children born abroad to canadian parents) naturalization allows immigrations to obtain canadian citizenship by birth
Limitations on descent
born after april 17th 2009 can become a citizen only if parents are born in canada with citizenship
Temporary Residents
Visitors (Visa) Students (study permit) temporary workers (need permit)
3 governments agencies
Immigration refugees and citizenship canada IRCC, Immigration and refguee board IRB, Canada broader services agency CSBA
Health
danger to public, danger to public safety applicant might reasonably be expected to cause excessive demand on health or social services not not apply to protected person resettled refugees sponsored spouses common law partners and dependant children
Financial Reasons s 39 of the IRPA foreign national
Unable or unwilling to support himself or herself or dependents in canada
Criminality s 36 (2) of IRPA foreign
Convicted in canada of an indictable offence or of 2 offences not arising out of a single occurrence
Indamissible family member s 42 forgein national
health, speical needs, etc
serious criminality
conviction in Canada of an offence punishable by a max term of 10 years