Canada shares a land border with one other country: the United States, as well as links to the rest of the world via ships and planes. Points of Entry into Canada, whether at the land border or in other countries, are governed by the Canada Border Services Agency, for both people and cargo (i.e prohibited items). In this post, I will overview the process, because entering Canada is an inevitable step for any immigrant, yet is separate from and apart from IRCC (Immigration, Refugees, and Citizenship Canada)'s purview.
When someone arrives at a border, CBSA officials can ask questions of them, search their vehicles, luggage, or electronic devices, in order to look for any inconsistencies in a person's story. As they have the discretion to deny a person entry irrespective of whether they were given permission by IRCC, the importance of telling them the truth is absolutely vital. Although regular travelers to Canada, and those entering from the United States, can bypass much of this process upon certain applications, entering Canada is never a casual matter. For non-citizens, entry is generally more stringent than for citizens, as a Canadian passport gives . Temporary visitors have to convince an officer that the reasons for their entry match their approved visa. Someone entering Canada on a study permit, for example, has to convince the border agent that they are in fact going to study, with evidence such an invitation from the school, proof of tuition payment, housing papers, etc. Much of this information should already be available from the original application, but having it at in an organized package during a crossing will make the process much simpler and easier. As your lawyer, I will create a Port of Entry package tailored to your specific needs. For people in more complex situations, such as asylum seekers, those who have been previously refused entry to Canada, or with a criminal conviction in their past, the legal ramifications of anything they disclose at the border can be very serious, and it is especially important to have the backing of experienced counsel, both in preparing for any interview with CBSA officers, and to provide relevant legal authorities, including guidelines, regulations, and laws, to increase their chances of being allowed in.
0 Comments
Citizenship is the final status obtained after an (often very long) process. With it come the rights and privileges of voting in Canadian elections, coming and going from Canada at will with a Canadian passport, and being able to work in certain government/classified positions, as well as being able to sponsor others to come to Canada. Unlike in many other countries, citizenship can be granted by no more than being born within the country's borders (with certain exceptions, such as diplomatic missions). Nearly a quarter of the Canadian population is foreign born, and they acquired citizenship after a thorough process of evaluation by the government.
A key portion of the application is the residency requirement, derived from Citizenship Act regulations. The requirement is that an application maintain their residency in Canada for a total of three years (1095) days minimum in the five years before applying. Importantly, these are not required to be consecutive times, only total. There are exceptions to strict physical presence, such as children going on a trip with parents, travel as part of employment, or visiting relatives. However, determining whether an exception applies in certain situations can be tricky, which is why having a lawyer's assistance for citizenship applications is vital. A permanent resident must show evidence of their living in Canada, including old addresses, proof of any travel history outside Canada (from passports), references from landlords, former employers, or others who can verify the information in the application. Contradictory information could result in delays, or even a rejection at worst. This is why it is important to gather and retain information, to save time during the application process. It can then be a simple matter of adding up the days and knowing for certain you are eligible at the time you apply. Rejected citizenship applications can only be challenged in Federal Court, which is both time-consuming and expensive; this is why it is so important to have a strong application to start with. Even after all of the above, and the application is approved, an applicant needs to pass the citizenship test (on subjects including Canadian history, geography, and politics), before their citizenship certificate is approved (and with it the ability to obtain a Canadian passport or register to vote). This is just a brief overview of the complexities of citizenship law. Adopted children, residents outside Canada with parents born before certain dates, and other exceptions have been the subject of litigation too detailed to go over in this space. In future posts, I will discuss some of these issues further. In this post, I will discuss the basic tenets of Canadian immigration law, specifically the basic tenets of the current system.
Although Canada has a reputation for being an open and welcoming country to immigrants from all over the world, as anyone who attempts to navigate the system soon discovers, the reality is far more complex. Historically, Canada has been open to immigration from some regions and closed to others, although the system is nominally more equitable today. Because the federal government is given purview over immigration by the Canadian constitution (primarily through two agencies, Immigration, Refugees, and Citizenship Canada (IRCC) and Canada Border Services Agency (CBSA), its policy priorities determine how easy or difficult any potential immigration route will be. As these priorities change with different elected governments, as well, making immigration policies to satisfy their political constituents, and even from month to month or week to week, in programs such as Express Entry, making any predictions about whether an application will be accepted or rejected is never a good idea. One of the foundations of modern immigration is the concept of status. Everyone on Earth is divided, by immigration authorities, into various groups. These include Canadian citizens, permanent residents and foreign nationals (such as visitors, workers, diplomats, refugee claimants, asylum seekers, and others). Status is gained both by simple chance (where you are born and who your parents are) as well as active work to fulfill certain requirements. Different statuses give different rights and privileges, and some can be lost depending on personal conduct, government policy, or court decisions. Anyone who enters Canada has a status, based on the evidence provided to the government. Sometimes this is permanent, based on employment (such as foreign diplomats, who are treated differently from other foreign nationals), other times it is temporary, with a set expiration date, for foreign workers or students These statuses can be confusing, especially when they overlap with dates such as passport expirations, work or study terms, or urgent travel needs. Government requirements can change without warning, processing fees can be increased (or occasionally decreased), forms can be updated, and new court decisions can make a case easier or more difficult to meet. Communications from IRCC may be lacking or ambiguous, with requests for additional information catching applicants off guard. Finally, external factors out of any government's control can shut borders down, such as the health crisis currently affecting the world as of the time of this writing. All of these potential pitfalls highlight the need for a lawyer or other immigration professional to assist you. When it comes to immigration, even a seemingly 'simple' application or request can be rejected, causing problems later on. As a lawyer, I can assist with an immigration matter in the following ways:
Welcome to my blog! This space will be used by me to provide general legal information in my practice areas, to help readers understand their many complexities in an accessible way. The information is for public purposes only, as a general reference. My own background gives me a broad range of knowledge, but as everyone's case is different, important personal legal decisions should never be made without a lawyer's advice. All of the sources for blog posts are open and accessible and can be verified independently.
As the law is constantly in flux, information will be up to date as of the time of posting. Posts are sorted into categories for ease of navigation, but keep the date in mind when reading older posts or browsing the archives. Posts may be updated when relevant, but this is not guaranteed for all topics. |
About
This blog details the many legal issues among Luka's practice areas, for a general audience. None of this information is a substitute for legal advice. Archives
April 2023
Categories |