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Questions of the Immigration

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 楼主| 发表于 3/24/2018 19:16:36 | 显示全部楼层
No appeal for inadmissibility

  • 64 (1) No appeal may be made to the Immigration Appeal     Division by a foreign national or their sponsor or by a permanent resident     if the foreign national or permanent resident has been found to be inadmissible     on grounds of security, violating human or international rights, serious     criminality or organized criminality.

 楼主| 发表于 3/24/2018 19:18:26 | 显示全部楼层

  • Misrepresentation
(3) No appeal may be made under subsection 63(1) in respect of a decision that was based on a finding of inadmissibility on the ground of misrepresentation, unless the foreign national in question is the sponsor’s spouse, common-law partner or child.

 楼主| 发表于 3/24/2018 20:45:24 | 显示全部楼层
Convention refugee
96 A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,
·         (a) is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themself of the protection of each of those countries; or
·         (b) not having a country of nationality, is outside the country of their former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.
Person in need of protection

  • 97 (1) A person in need of protection is a person in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally
o    (a) to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or
o    (b) to a risk to their life or to a risk of cruel and unusual treatment or punishment if
§  (i) the person is unable or, because of that risk, unwilling to avail themself of the protection of that country,
§  (ii) the risk would be faced by the person in every part of that country and is not faced generally by other individuals in or from that country,
§  (iii) the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and
§  (iv) the risk is not caused by the inability of that country to provide adequate health or medical care.
Person in need of protection
(2) A person in Canada who is a member of a class of persons prescribed by the regulations as being in need of protection is also a person in need of protection.

 楼主| 发表于 3/25/2018 00:23:48 | 显示全部楼层
Selection of Permanent Residents
Family reunification

  • 12 (1) A foreign national may be selected as a member of the family class on the basis of their     relationship as the spouse, common-law partner, child, parent or other     prescribed family member of a Canadian citizen or permanent resident.
Economic immigration
(2) A foreign national may be selected as a member of theeconomic class on the basis of their ability to become economically establishedin Canada.
Refugees
(3) A foreign national, inside or outside Canada, may beselected as a person who under this Act is a Convention refugee or as a personin similar circumstances, takinginto account Canada’s humanitarian tradition withrespect to the displaced and thepersecuted.
Sponsorship of Foreign Nationals

  • 13 (1) A Canadian citizen or permanent resident, or a group of Canadian citizens or permanent residents, a corporation incorporated under a law of Canada or     of a province or an unincorporated organization or association under     federal or provincial law — or any combination of them — may sponsor a foreign national, subject to the regulations.
  • (2) and (3) [Repealed, 2012, c. 17, s. 7]
Instructions ofMinister
(4) An officer shall apply the regulations on sponsorshipreferred to in paragraph 14(2)(e) in accordance with anyinstructions that the Minister may make.

 楼主| 发表于 3/25/2018 00:43:03 | 显示全部楼层
Humanitarian and compassionate considerations — request of foreign national

  • 25 (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34,     35 or 37 — or who does not meet the requirements of this Act, and may, on     request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35 or 37 — who     applies for a permanent resident     visa, examine the circumstances     concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or     obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate     considerations relating to the foreign     national, taking into account the best interests of a child directly affected.

 楼主| 发表于 3/25/2018 01:04:24 | 显示全部楼层
conjugal partner means, in relation to a sponsor, a foreign national residing outside Canada who is in a conjugal relationship with the sponsor and has been in that relationship for a period of at least one year.


dependent child, in respect of a parent, means a child who
·         (a) has one of the following relationships with the parent, namely,
o    (i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or
o    (ii) is the adopted child of the parent; and
·         (b) is in one of the following situations of dependency, namely,
o    (i) is less than 22 years of age and is not a spouse or common-law partner, or
(ii) is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially self-supporting due to a physical or mental condition.

 楼主| 发表于 3/25/2018 01:22:42 | 显示全部楼层
DIVISION 2 FamilyRelationships
Bad faith

  • 4 (1) For the purposes of these     Regulations, a foreign national shall not be considered a spouse, a     common-law partner or a conjugal partner of a person if the marriage,     common-law partnership or conjugal partnership
o    (a) was entered into primarily for the purpose of acquiringany status or privilege under the Act; or
o    (b) is not genuine.


  • Application     of family members
(3) The application is considered to be an application madefor the principal applicant and their accompanying family members.

  • Sponsorship     application
(4) An application made by a foreign national as a member of the family class must be preceded or accompaniedby a sponsorshipapplication referred to inparagraph 130(1)(c).

  • Multiple     applications

(5) No sponsorshipapplication may be filed by a sponsor in respect of a person if the sponsor has filed another sponsorship application inrespect of that same person and a final decision has not been made in respectof that other application.

 楼主| 发表于 3/25/2018 01:25:31 | 显示全部楼层

  • Applications     to remain in Canada as permanent residents
(3) An application to remain in Canada as a permanent residentas a member of one of the classes referred to in section 65 or subsection72(2), and an application to remain in Canada under subsection 21(2) of theAct, must be made to the Department’s CaseProcessing Centre in Canada thatserves the applicant’s place of habitual residence.

  • Applications     for permanent resident cards
(4) An applicant for a permanent resident card must send theapplication to the Department’s Case Processing Centre in Canada that serves the applicant’s place of habitualresidence.

  • Sponsorship     applications
(5) A person who applies to sponsor a foreign national, other than a foreign national who is making an application fora permanent resident visa under Division 1 of Part 8, must send the applicationto the Department’s CaseProcessing Centre in Canada that servesthe applicant’s place of habitual residence.

 楼主| 发表于 3/28/2018 00:45:33 | 显示全部楼层
本帖最后由 郭国汀 于 3/28/2018 00:50 编辑

common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year.


  • common-law partner, an individual who has been in a conjugal relationship with a person for at least one year but is unable to cohabit with the person, due to persecution or any form of penal control, shall be considered a common-law partner of the person.
  • conjugal partner means, in relation to a sponsor, a foreign national residing outside Canada who is in a conjugal relationship with the sponsor and has been in that relationship for a period of at least one year.
family member in respect of a person means
o    (a) the spouse or common-law partner of the person;
o    (b) a dependent child of the person or of the person’s spouse or common-law partner; and
o    (c) a dependent child of a dependent child referred to in paragraph (b).

dependent child, in respect of a parent, means a child who
·         (a) has one of the following relationships with the parent, namely,
o    (i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or
o    (ii) is the adopted child of the parent; and
·         (b) is in one of the following situations of dependency, namely,
o    (i) is less than 22 years of age and is not a spouse or common-law partner, or
o    (ii) is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially self-supporting due to a physical or mental condition. (enfant à charge)
 楼主| 发表于 7/19/2018 20:34:00 | 显示全部楼层
Notice – Government of Canada Eliminates Conditional Permanent Residence
Ottawa, April 28, 2017— The Government of Canada has removed the condition that applied to some sponsored spouses or partners of Canadian citizens and permanent residents to live with their sponsor in order to keep their permanent resident status.
Under the old regulation, you had to live with your sponsor for two years if, at the time you applied:
  • Your relationship was less than two years; and
  • You had no children in common.
The condition was introduced as a means to deter people from seeking to immigrate to Canada through non-genuine relationships. By removing the condition, the Government recognizes that, while cases of marriage fraud exist, the majority of relationships are genuine and most spousal sponsorship applications are made in good faith.
Eliminating conditional permanent residence upholds the Government’s commitment to family reunification and supports gender equality and combating gender violence. As a result of the requirement for the sponsored spouse or partner to live with their sponsor, an imbalance between the sponsor and the sponsored spouse or partner could have been created, potentially making the sponsored spouse or partner more vulnerable.

What happens now
Effective today, conditional permanent residence no longer applies to anyone, whether:
  • you were sponsored by your spouse or partner for permanent residence, or
  • you were sponsored by someone who had conditional permanent residence (i.e. child or parent).
You don’t need to do anything. We just want you to know.
If you receive your Confirmation of Permanent Residence on or after April 18, 2017 and it indicates that you “must cohabit in a conjugal relationship with your sponsor or partner for a continuous period of 2 years after the day on which you became a PR”, this requirement no longer applies to you.
If you were under investigation for not complying with the requirement to live with your spouse or partner, you are no longer under investigation.
In order to uphold the integrity of the immigration system, the Government will continue to investigate allegations of marriage fraud. To report fraud, including marriage fraud, contact the Canada Border Services Agency Border Watch Toll-Free Line at 1-888-502-9060.

What to do if you’re in an abusive situation
In Canada, abuse is not tolerated. If you are a sponsored spouse or partner and are experiencing abuse or neglect by your sponsor or their family, you do not have to remain in that abusive situation.





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