Category Archives: Immigration, Refugees, and Citizenship Canada – IRCC

New measures to help protect vulnerable people

May 24, 2019—Brampton, ON – Canada is taking decisive action to hold immigration and citizenship consultants to account by improving oversight, strengthening enforcement, and increasing accountability to protect the public from dishonest consultants who take advantage of vulnerable people.

Proposed legislation included in the 2019 Budget Implementation Act, will create a new statutory framework to regulate immigration and citizenship consultants, making the College of Immigration and Citizenship Consultants (the College) the official watchdog of consultants across the country. The College will have the power and tools it needs to protect both the public and consultants in good-standing, including the authority for vigorous oversight, investigations and the means to root out fraudulent immigration and citizenship consultants and hold them accountable for their actions.

Consumer protection will be at the core and the primary purpose of the College to help ensure that immigration and citizenship consultants operate in a professional and ethical manner. The proposed legislation will give the College the ability to enter the premises of a consultant to investigate when it suspects wrongdoing and the ability to request court injunctions against unauthorized consultants.

To punish and deter illegal behavior, the proposed legislation will also double the current monetary penalty for offenses and provide new authority to the Department of Immigration, Refugees and Citizenship to establish administrative penalties aimed at compliance with the Immigration and Refugee Protection Act and the Citizenship Act.

In addition, the Government will engage closely with the College to: implement mandatory and robust training courses for those wishing to obtain an immigration and citizenship consulting license; introduce transparency on fees; establish a better system for people to make formal complaints; and create a victims’ compensation fund.

Finally, the Government will launch extensive public awareness activities, including establishing dedicated community outreach officers in visa offices abroad, to help prevent susceptible people from falling victim to fraudulent consulting practices.

Quick facts

Budget 2019 proposes $51.9 million over 5 years, and $10.1 million per year ongoing to encourage compliance and deter criminal activities; to focus more resources on the enforcement of provisions relating to immigration advice and representation; to introduce a new administrative monetary penalty and bans regime; and to engage in activities aimed at raising public awareness.
Of the $51.9 million, the Canada Border Services Agency will receive $10 million to increase its resources for the criminal investigation of complex cases, including those involving unauthorized representatives, misrepresentation and organized fraud.
Budget 2019 proposes resources for IRCC for public awareness activities and targeted outreach. This includes outreach to diaspora communities in Canada; translation of basic messages into other languages; social media messaging; and displaying posters and pamphlets at Visa Application Centres abroad, at service provider organizations, and at Service Canada offices. Outreach positions will be established outside of Canada to ensure that information is spread locally regarding the legal requirement to use an authorized representative and the consequences of using an unauthorized consultant.

Please Contact Us for more information.

CIC, Immigration, Refugees, and Citizenship Canada - IRCC, News, Operational Bulletin

Canada ends the Designated Country of Origin practice

June 13, 2019 nkic

May 17, 2019—Ottawa, ON—The Government of Canada is committed to a well-managed asylum system that’s fair, fast and final. Effective today, Canada is removing all countries from the designated country of origin (DCO) list, which effectively suspends the DCO policy, introduced in 2012, until it can be repealed through future legislative changes.

Claimants from the 42 countries on the DCO list were previously subject to a 6-month bar on work permits, a bar on appeals at the Refugee Appeals Division, limited access to the Interim Federal Health Program and a 36-month bar on the Pre-Removal Risk Assessment.

The DCO policy did not fulfill its objective of discouraging misuse of the asylum system and of processing refugee claims from these countries faster. Additionally, several Federal Court decisions struck down certain provisions of the DCO policy, ruling that they did not comply with the Canadian Charter of Rights and Freedoms.

Removing all countries from the DCO list is a Canadian policy change, not a reflection of a change in country conditions in any of the countries previously on the list.

De-designating countries of origin has no impact on the Canada-U.S. Safe Third Country Agreement.

Designated Countries of Origin Policy

Most Canadians recognize that there are places in the world where it is less likely for a person to be persecuted compared to other areas. Yet many people from these places try to claim asylum in Canada, but are later found not to need protection.

Too much time and too many resources are spent reviewing these unfounded claims.

Designated Countries of Origin include countries that do not normally produce refugees and respect human rights and offer state protection.

The Designated Countries of Origin policy is meant to deter abuse of the refugee system by people who come from countries generally considered safe. Refugee claimants from Designated Countries of Origin will have their claims processed faster.

This will make sure that people in need get protection fast, while those with unfounded claims are sent home quickly.

Every eligible refugee claimant, including those from Designated Countries of Origin, will still have a hearing at the independent IRB.

Hearings on these claims should be held within 30-45 days after they are referred to the IRB. The time-frame for other refugee claimants is 60 days.

Please Contact Us for more information.

Canada Border Services Agency - CBSA, Immigration, Refugees, and Citizenship Canada - IRCC, News

New Entry/Exit Program instructions

March 15, 2019 nkic

February 25, 2019

As part of the Perimeter Security and Economic Competitiveness Action Plan with the United States (U.S.), the Government of Canada committed to the Entry/Exit Initiative to collect entry and exit information on travellers entering and departing from Canada.

IRCC will use the information to support the administration of the Immigration and Refugee Protection Act (IRPA), the Citizenship Act and the Canadian Passport Order.

Bill C 21, which allows the Canada Border Services Agency (CBSA) to systematically collect and share routine biographical information on all travellers, including Canadian citizens, received Royal Assent on December 13, 2018. Regulations are expected to come into force by June 2019 for land and June 2020 for air.

Entry/Exit Program

The Entry/Exit Program allows for the collection and sharing of entry and exit information of travellers entering and departing from Canada. Access to entry and exit information in the Global Case Management System (GCMS) will be based on an employee’s security clearance and organizational requirements to carry out day-to-day work activities.

IRCC will obtain accurate and objective entry and exit information from the Canada Border Services Agency (CBSA) to support the administration of the Immigration and Refugee Protection Act, the Citizenship Act and the Canadian Passport Order.

IRCC will be able to query the CBSA’s Entry/Exit Information System directly to

verify residency requirements to process an ongoing application to objectively verify the information provided by the client, such as applications for grants of citizenship (CIT) or permanent resident cards (PR cards)
verify if a temporary residence applicant may have previously overstayed their allowable period of admission in Canada
assist in an investigation into an individual’s entitlement to a Canadian travel document

In addition, IRCC will be able to use entry and exit information to

verify that sponsors are residing in Canada where required by law
verify relationships and compliance with conditions for spouses and partners applying or admitted under the family class
verify if a refugee claimant entered Canada using their travel documents
support investigations into possible fraud in relation to immigration, citizenship, and passport (PPT) and travel document programs
verify residency requirements to validate if a medical examination is required

Entry/Exit use by line of business (LOB)

The entry and exit information will be used for the following application types across all LOBs at IRCC. Officials are to refer to the chart above for data availability timelines, as all LOBs will be implicated differently.

Temporary residence
Permanent residence
Citizenship
Passport

Temporary residence

The following temporary residence application types can use entry and exit data:

temporary resident visas
temporary resident permits
visitor records
work permits and work permit extensions
study permits and study permit extensions
electronic travel authorizations (eTAs)

Entry and exit data can be used to identify if a foreign national has previously exceeded their authorized period of stay in Canada.

Permanent residence

The following permanent residence application types can use entry and exit data:

PR cards
permanent resident travel documents
overseas refugee applications
family class sponsorships

Entry and exit data will be used to outline the periods of time spent in and outside Canada for people applying for permanent residence. This will provide a full picture of whether or not residence has been maintained.

For sponsorship applications, entry and exit data can be used to determine if a sponsor is residing in Canada.

Applications for in-Canada asylum can also use entry and exit data to verify information presented by the claimant.

In-Canada asylum

Claimants’ entry and exit data could be used as a more thorough and robust travel history when there are concerns related to program integrity, credibility and exclusions under Article 1(E) of the United Nations Convention and Protocol Relating to the Status of Refugees. Records could demonstrate inconsistencies with the claimant’s basis of claim narrative, and they could prompt further investigations.

Citizenship

Citizenship applications

Exit and entry data will be used to

verify compliance with physical presence requirements for grants of citizenship contained in subsection 5(1) of the Citizenship Act
assist in the verification of other requirements, such as
- the flagging of potential loss of permanent resident status
- the need for applicants to submit foreign police certificates
- misrepresentation
verify compliance with physical presence requirements for resumption of citizenship contained in subsection 11(1) of the Citizenship Act (physical presence in Canada for at least 365 days during the 2 years immediately preceding the date of application)

Citizenship revocation investigations

Entry and exit data will be used to support administrative investigations into an individual’s acquisition of citizenship. Specifically, data will be used to confirm if the client misrepresented their residence in Canada for the purpose of acquiring citizenship.

Passport

Passport investigations

Entry and exit data will be used to support administrative investigations into an individual’s entitlement to Canadian passport services. For example, data can be used to validate a travel document bearer’s travel history and use of a Canadian travel document to determine if grounds exist to pursue refusal or revocation under the Canadian Passport Order in cases of passport misuse, passport fraud and identity fraud.

Please Contact Us for more information.

Immigration, Refugees, and Citizenship Canada - IRCC, News

Bill C-6 Proposed Changes to the Canadian Citizenship Act

July 19, 2016 nkic

Repeal of revocation provision

Current act: Authority to revoke citizenship for certain acts against the national interest of Canada. These grounds include convictions of terrorism, high treason, treason or spying offences, depending on the sentence received, or for membership in an armed force or organized armed group engaged in armed conflict with Canada.

Proposed amendment: Repeal national interest grounds for revocation.

Repeal of intention to reside provision

Current act: Applicants must have the intention to reside in Canada if granted citizenship.

Proposed amendment: Repeal intent to reside provision.

Physical presence in Canada

Current act: Physical presence for 4 out of 6 years before the date of application.

Proposed amendment: Physical presence for 3 out of 5 years before the date of application.

Counting temporary status

Current act: Time spent in Canada as a non-permanent resident may not be counted.

Proposed amendment: Applicants may count each day they were physically present in Canada as a temporary resident or protected person before becoming a permanent resident as a half-day toward meeting the physical presence requirement for citizenship, up to a maximum of one year of credited time.

Less burdensome annual physical presence requirement

Current act: Minimum of 183 days physical presence in 4 of the last 6 years.

Proposed amendment: Repeal the minimum 183 days physical presence in 4 of the last 6 years.

Fewer people need to prove language proficiency

Current act: Applicants aged 14-64 must meet language requirements and pass knowledge test.

Proposed amendment: Applicants aged 18-54 must meet language requirements and pass knowledge test.

Canadian income taxes

Current act: File Canadian income taxes, if required to do so under the Income Tax Act, for four taxation years out of six years, matching physical presence requirement.

Proposed amendment: File Canadian income taxes, if required to do so under the Income Tax Act, for three taxation years out of five years, matching proposed new physical presence requirement.

Conditional sentence now a bar

Current act: Time spent serving a conditional sentence order can be counted towards meeting physical presence requirements. Convicted individuals who are serving conditional sentence orders (sentences served in the community with certain conditions) are not prohibited from being granted citizenship or taking the oath of citizenship.

Proposed amendment: Time spent under a conditional sentence order cannot be counted towards meeting the physical presence requirements; and those serving a conditional sentence order are prohibited from being granted citizenship or taking the oath of citizenship.

Canadian citizenship oath

Current act: Provision prohibiting applicants from taking the oath of citizenship if they never met or no longer meet the requirements for the grant of citizenship, but does not apply to applications received before June 11, 2015.

Proposed amendment: Provision prohibiting applicants from taking the oath of citizenship if they never met or no longer meet the requirements for the grant of citizenship also applies to applications still in process that were received prior to June 11, 2015.

New provision to counter fraud

Current act: No explicit authority for citizenship officers to seize fraudulent documents related to the processing of applications.

Proposed amendment: Authority to seize documents provided during the administration of the Citizenship Act if there are reasonable grounds to believe they are fraudulent, or being used fraudulently.

Please Contact Us for more information.

NK Immigration Consultants

Category Archives: Immigration, Refugees, and Citizenship Canada – IRCC

New Entry/Exit Program instructions

Entry/Exit Program

Entry/Exit use by line of business (LOB)

Temporary residence

Permanent residence

In-Canada asylum

Citizenship

Citizenship applications

Citizenship revocation investigations

Passport

Passport investigations

Bill C-6 Proposed Changes to the Canadian Citizenship Act

Repeal of revocation provision

Repeal of intention to reside provision

Physical presence in Canada

Counting temporary status

Less burdensome annual physical presence requirement

Fewer people need to prove language proficiency

Canadian income taxes

Conditional sentence now a bar

Canadian citizenship oath

New provision to counter fraud

Global Immigration Consulting Services