Difference between revisions of "Introduction to Immigration Law (18:I)"

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LSLAP Manual
This page is from the Law Students' Legal Advice Program Manual. See the full contents.
LSLAP Manual
Introduction
Chapters
1. Criminal Law · I. Introduction · II. Governing Legislation and Resources · III. Etiquette · IV. Criminal Charges · V. Substantive Law · VI. Resolving Prior to Trial · VII. Pleading Not Guilty/Trial · VIII. Other Issues · IX. Charter of Rights and Freedoms · X. LSLAP Policies · XI. Information for LSLAP Students · XII. Etiquette for Law Students · XIII. Practice Recommendations · Appendix A: Initial Sentencing Position · Appendix B: Sample Information · Appendix C: Diversion Application · Appendix D: Sentencing Hearing · Appendix E: Trial Books · Appendix F: Glossary
2. Youth Justice · I. Introduction · II. Governing Legislation and Resources · III. Youth Criminal Justice Act · IV. Youth Justice (British Columbia) Act · Appendix A: Glossary
3. Family Law · I. Introduction · II. Governing Legislation and Resources · III. Marriage · IV. Divorce · V. Uncontested Divorce · VI. Simple Divorce Procedure · VII. Alternatives to Divorce · VIII. Family Violence · IX. Assets · X. Spousal and Child Support · XI. Parenting Orders/Guardianship/Contact · XII. Children and the Law · XIII. Adoption · XIV. Name Changes · XV. Court Procedures · Appendix A: Glossary
4. Victims · I. Introduction · II. Governing Legislation · III. Crime Victim Assistance Program · IV. Avenues to Address Crime · V. Victims of Sexual Assault · VI. Victims of Relationship Violence · VII. Seniors or Those with Disabilities · VIII. Victims of Human Trafficking · IX. Missing Persons and Abductions · X. TIP and Restorative Justice · XI. Resources for Indigenous Victims · XII. Referrals and Follow-up
5. Public Complaints · I. Introduction · II. Governing Legislation and Resources · III. Review of Administrative Decisions · IV. Privacy or Access to Information · V. Complaints against the Police · VI. Complaints against Security Guards · VII. The Right to Vote · VIII. Complaints regarding UBC · IX. Complaints regarding SFU · X. Complaints Re: Other Universities · XI. Complaints against Doctors · XII. Complaints against Lawyers · Appendix A: Glossary · Appendix B: Sample Notice Letter
6. Human Rights · I. Introduction · II. Governing Legislation and Resources · III. BC Human Rights Code · IV. Canadian Human Rights Act · V. BC Civil Rights Protection Act · VI. Rights of the Child · VII. LSLAP's Role · VIII. Indigenous Complainants · IX. Online Mediations & Hearings
7. Workers' Compensation · I. Introduction · II. Governing Legislation & Policy · III. Introduction to Compensation Claims · IV. LSLAP's Role · V. Limitation Periods & Timing of Decisions · VI. Making a Claim · VII. The Claim Acceptance Process · VIII. Worker Status · IX. Disability and Causation · X. Time Limits & Procedures · XI. Claim Benefits · XII. Appeals · XIII. Health & Safety Regulations · XIV. Assessments of Employers · XV. The WCB Fair Practices Officer · Appendix A: Abbreviations · Appendix B: List of Cases · Appendix C: Referrals · Appendix :D Resources · Appendix E: Claims Process · Appendix F: Checklist for Interviews · Appendix G: Checklist for Appeals · Appendix H: Sample Authorization Form
8. Employment Insurance · I. Introduction · II. Governing Legislation and Resources · III. Qualifying for EI · IV. Types of Benefits · V. Benefit Period · VI. Quantifying Benefits · VII. Benefit Entitlement · VIII. Penalties, Violations, and Offences · IX. Keeping Out of Trouble · X. Timing for Reporting · XI. Overpayment and Collections · XII. Reconsideration · XIII. Social Security Tribunal · XIV. Appeals · XV. Judicial Review · XVI. LSLAP's Use of This Chapter · Appendix A: Initial Application Checklist
9. Employment Law · I. Introduction · II. Governing Legislation and Resources · III. Checklist · IV. Preliminary Matters · V. Employment Issues · VI. Remedies · VII. Strategies and Tips · Appendix A: Glossary
10. Creditors and Debtors · I. Introduction · II. Governing Legislation and Resources · III. Creditors' Remedies · IV. Debtors' Options · V. Dealing with Debt · Appendix A: Relevant Forms · Appendix B: Examination Checklist
11. Consumer Protection · I. Introduction · II. Governing Legislation and Resources · III. Contracts for Sale of Goods · IV. Consumer Protection · V. Direct Sales · VI. Conditional Sales Contracts · VII. Motor Dealer Act · VIII. Miscellaneous · IX. Forum of Redress · X. Consumer Transactions
12. Auto Insurance (ICBC) · I. Introduction · II. Governing Legislation and Resources · III. Basic Coverage · IV. Optional Insurance · V. Seeking Legal Counsel · VI. Disputes with ICBC · VII. When You Can Still Sue · VIII. On or Before April 30 2021 · IX. Limitation on Experts · X. Compulsory Coverage · XI. Optional Insurance · XII. Personal Injury Claims · XIII. Out-of-Province
13. Motor Vehicle Law · I. Introduction · II. Governing Legislation and Resources · III. At the Roadside · IV. Duties after a Collision · V. Violation Tickets · VI. Provincial Offences · VII. Vehicle Impoundment · VIII. Superintendent · IX. Alcohol and Drugs · X. Federal Offences · XI. Driving While Prohibited · XII. ICBC Breaches · XIII. Bicycles · XIV. LSLAP Program Information · Appendix A: Penalty Points and Fines
14. Mental Health Law · I. Introduction · II. Governing Legislation and Resources · III. Theory and Approach · IV. Legal Rights · V. Patient Admission · VI. Consent to Medical Treatment · VII. Involuntarily Admitted · VIII. Youth · IX. Criminal Code · X. Complaints · XI. References · XII. LSLAP File Administration Policy
15. Adult Guardianship · I. Introduction · II. Governing Legislation · III. Mental Capacity · IV. Substitute Decision Making · V. Adult Guardianship · VI. Adult Abuse and Neglect · VII. Sources and Resources · Appendix A: EPOA · Appendix B: Decision Tree
16. Wills and Estate Administration · I. Introduction · II. Governing Legislation and Resources · III. Making and Executing · IV. Mistakes and Alterations · V. Court's Power · VI. Revocation · VII. Wills Variation Claims · VIII. Intestacy · IX. Property · X. First Nations and Wills · XI. Estate Administration · XII. Duties of a Personal Representative · XIII. Taxation: RRSP & RRIF & TFSA · XIV. LSLAP File Administration Policy · Appendix A: Questionnaire · Appendix B: Checklist · Appendix C: Glossary
17. Citizenship · I. Introduction · II. Governing Legislation and Resources · III. Who is a Canadian Citizen? · IV. Advantages & Responsibilities · V. Citizenship Grants · VI. Applying for Citizenship Grant · VII. Loss and Renunciation · VIII. Proof · IX. Search of Citizenship Record · X. Referrals
18. Immigration Law · I. Introduction · II. Governing Legislation and Resources · III. Players · IV. Categories of Persons · V. PR Application · VI. Identifications · VII. IRB · VIII. Loss of PR · IX. Temporary Residence Matters · X. Removal Orders · XI. Appeals · XII. Offences · XIII. Issues at Sentencing · XIV. Contacts
19. Landlord and Tenant Law · I. Residential Tenancy Act · II. Tenancy Agreements · III. Moving In and Moving Out · IV. Security Deposits · V. Repair and Service · VI. Rent Increase · VII. Tenant's Rights · VIII. Subletting and Assignment · IX. Termination/Eviction · X. Dispute Resolution · XI. Common Law · XII. Strata Law · XIII. Assisted Living · XIV. Commercial Tenancies · XV. Manufactured Homes · XVI. Income Assistance · XVII. Illegal Suites · XVIII. Forms · XIX. Governing Legislation and Resources
20. Small Claims and the CRT · I. Introduction · II. Governing Legislation and Resources · III. Do You Have a Claim? · IV. Choosing the Proper Forum · V. Starting a Claim · VI. Responding to a Claim · VII. Default Order · VIII. How a Claim Proceeds · IX. Pre-Trial · X. Mediation · XI. Settlement Conferences · XII. Trial/Pre-Trial Conferences · XIII. Trial Preparation · XIV. Trials · XV. Costs and Penalties · XVI. Appeals · XVII. Enforcement of a Judgement · Appendix A: Registries · Appendix B: Demand Letter · Appendix C: Notice of Claim · Appendix D: Reply to Claim · Appendix E: Glossary · Appendix F: Limitation Periods · Appendix G: Causes of Action · Appendix H: Court Fees · Appendix I: Tribunal Fees · Appendix J: Settlement Conference · Appendix K: Payment Hearing · Appendix L: Appeal · Appendix M: LSLAP Policy
21. Welfare Law · I. Introduction · II. Governing Legislation and Resources · III. Eligibility · IV. Special Situations · V. Eligibility Factors · VI. Hardship Assistance · VII. Overpayments and Fraud · VIII. Rates and Payment Issues · IX. Additional Benefits · X. Health Supplements · XI. Appeals
22. Strata Law · I. Introduction · II. Governing Legislation · III. Strata Concept · IV. Strata Plan · V. Common Property and Assets · VI. Governance · VII. Management · VIII. Finances · IX. Collections · X. Bylaws and Rules · XI. Rentals and Accommodations · XII. Privacy · XIII. Insurance · XIV. Repair and Maintain · XV. Dispute Resolution · XVI. Recourse to the Courts
23. Referrals · I. General · II. Family Law & Women · III. Residential Tenancy · IV. Human Rights · V. Wills & Estates · VI. Immigration & Refugee · VII. Disability · VIII. Employment · IX. Debt · X. Indigenous · XI. Police Complaints · XII. Chinese Language · XIII. Others
v • d • e

This chapter is designed to assist with the following questions pertaining to immigration law in Canada:

What is my status?
How do I obtain a Work / Study Permit?
How do I obtain Permanent Residence?
How do I appeal an immigration matter?

It is advised that you reference outside sources in addition to this manual if your question is beyond the scope of the questions listed above. It is also important to refer to the main sources of immigration law (listed below) when researching a legal issue as the law may have changed since the printing of this manual. Notes advising users of potential changes to immigration law have been placed throughout the chapter as a warning that further research may be needed.

It is recommended that you contact an immigration lawyer if you require further assistance. Legal advocacy is recommended for appellate proceedings due to the complex nature of this area of law. Furthermore, several programs in British Columbia offer assistance with Temporary and Permanent Residence applications. If you cannot obtain the services of an immigration lawyer, the Law Students' Legal Advice Program and the services listed in Section XII may be able to provide assistance if you meet their qualifications.

Retrieved from "https://stagewiki.clicklaw.bc.ca/index.php?title=Introduction_to_Immigration_Law_(18:I)&oldid=31156"

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 {{LSLAP Manual TOC|expanded = immigration}}
-Immigration law is a very dynamic area, and it has undergone significant change in the recent past. For this reason, it is imperative to refer to the following sources, for the most up to date information about immigration law:
+This chapter is designed to assist with the following questions pertaining to immigration law in Canada:
-*''Immigration and Refugee Protection Act'', RSC 2001, c 27 [IRPA] - http://canlii.ca/t/7vwq
+* What is my status?
-*''Immigration and Refugee Protection Regulations'', SOR/2002-227 [IRP Regulations] - http://canlii.ca/t/7xsp
+* How do I obtain a Work / Study Permit?
-*''Operational Bulletins and Manuals'' - http://www.cic.gc.ca/english/resources/manuals/index.asp
+* How do I obtain Permanent Residence?
+* How do I appeal an immigration matter?
-There are six general sources of immigration law and policy: the IRPA, the ''IRP Regulations'', the Manuals, the Operational Bulletins, the Ministerial Instructions and case law. The ''Canadian Charter of Rights and Freedoms'' (Part I of the ''Constitution Act'', 1982, being  Schedule B to the ''Canada Act'' 1982 (UK), 1982 c 11 [''Charter''])  is  also applicable to immigration matters; the IRPA and ''IRP Regulations'' must be consistent with ''Charter'' provisions.
+It is advised that you reference outside sources in addition to this manual if your question is beyond the scope of the questions listed above.  It is also important to refer to the main sources of immigration law (listed below) when researching a legal issue as the law may have changed since the printing of this manual.  Notes advising users of potential changes to immigration law have been placed throughout the chapter as a warning that further research may be needed.
-The IRPA is the primary source and should be referenced first. However, the IRPA is “framework” legislation, i.e. the provisions are general  and principled. The ''IRP Regulations'' are more detailed than the IRPA and give specific guidance to applicants. Case law in immigration law operates in the same manner as it does in other areas of law. Case law interprets the IRPA and the ''IRP Regulations''. The IRPA is a federal  statute, and cases generally go to the Federal Court, the Federal Court of Appeal and the Supreme Court of Canada. Cases are also handled by a tribunal called the Immigration and Refugee Board (consisting of four separate divisions).
+It is recommended that you contact an immigration lawyer if you require further assistance.  Legal advocacy is recommended for appellate proceedings due to the complex nature of this area of law.  Furthermore, several programs in British Columbia offer assistance with Temporary and Permanent Residence applications.  If you cannot obtain the services of an immigration lawyer, the [http://www.lslap.bc.ca/ Law Students' Legal Advice Program] and the services listed in [[Important_Addresses_and_Phone_Numbers_in_Immigration_Law_(18:XII)|Section XII]] may be able to provide assistance if you meet their qualifications.
-However, much of the operation of law in the Canadian immigration context takes place through the decision-making apparatus of CIC, which is a  large spatially-distributed administrative bureaucracy. CIC “officers” make decisions on written applications, without significant applicant input, and often without any opportunity to clarify evidence, and so it is '''vital''' that applications contain all the evidence required for the status being sought. Much of the law itself is interpreted through the policy of CIC, which is publically available through CIC’s    [http://www.cic.gc.ca/english/resources/manuals/index.asp Operational Manuals] and between manuals, Operation Bulletins (a link to these bulletins can be found on the Operational Manuals page).
-Operational Manuals are drafted by CIC and provide details on interpretation of the IRPA and ''IRP Regulations''. Immigration Officers and Visa Officers usually consider themselves bound to the Manuals when determining a case. Operational Bulletins are recent developments by Citizenship and Immigration Canada that have not yet been incorporated into the Manuals.
-'''NOTE:''' The Manuals and Operational Bulletins do not have the force of law and must be consistent with the IRPA and the ''IRP Regulations''. Cases that do not fit the factors listed in the Manuals and Operational Bulletins may therefore still be arguable at law.    However, you may never have an opportunity to argue the legal case due to the limited and narrow appeals and review options, and so it is  essential that applicants try to confirm to the policy requirements as much as possible in the circumstances.
-The Ministerial Instructions are provided for in s 87.3 of IRPA, and are created through Order in Council. The Ministerial Instructions drive current immigration policy. The  Minister uses Ministerial Instructions to make fast, sweeping changes to the immigration system, and so it is very important to ensure that you  are working with the most current information on requirements.

Difference between revisions of "Introduction to Immigration Law (18:I)"

Revision as of 21:24, 19 August 2016

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