5,109
edits
Difference between revisions of "Permanent Residence Application Process (18:V)"
From Clicklaw Wikibooks
Permanent Residence Application Process (18:V) (view source)
Revision as of 21:04, 23 November 2019
, 21:04, 23 November 2019no edit summary
| Line 20: | Line 20: | ||
Once the e-APR is submitted, they will be contacted by IRCC with instructions on where to send original documents that may be required (such as original police clearances). | Once the e-APR is submitted, they will be contacted by IRCC with instructions on where to send original documents that may be required (such as original police clearances). | ||
=== 1. Federal Skilled Worker Class (Express Entry Required) === | === 1. Federal Skilled Worker Class (Express Entry Required) === | ||
| Line 70: | Line 71: | ||
Please refer to IRP Regulations Part 6 Division 2 (ss. 100 and 101), and to the IRCC website (http://www.cic.gc.ca/english/immigrate/business/self-employed/apply-who.asp). | Please refer to IRP Regulations Part 6 Division 2 (ss. 100 and 101), and to the IRCC website (http://www.cic.gc.ca/english/immigrate/business/self-employed/apply-who.asp). | ||
=== 6. Investor Class === | === 6. Investor Class === | ||
| Line 80: | Line 82: | ||
Foreign nationals can be “sponsored” under the Family Class by a Canadian citizen or permanent resident. See the ''IRP Regulations'', Part 7. | Foreign nationals can be “sponsored” under the Family Class by a Canadian citizen or permanent resident. See the ''IRP Regulations'', Part 7. | ||
:'''NOTE:''' | :'''NOTE:''' Foreign nationals '''must''' declare any of their non-accompanying family members (i.e. dependent children, spouses, and parents) in their initial application if they wish at some point to sponsor these individuals themselves. Previously, IRCC would not allow a family member to be sponsored if they failed to declare a non-accompanying family member in their application for permanent residence. However, a pilot project has been launched from September 9, 2019 to September 9, 2021 which will allow newcomers who failed to declare their family members to sponsor undeclared immediate family members. | ||
=== 1. Sponsors === | === 1. Sponsors === | ||
| Line 118: | Line 120: | ||
e) Relative of any age if the sponsor does not have an aunt, uncle, or family member from the list above who he or she could sponsor or who is already a Canadian citizen, registered Indian, or permanent resident. This is known as the “lonely Canadian” provision. | e) Relative of any age if the sponsor does not have an aunt, uncle, or family member from the list above who he or she could sponsor or who is already a Canadian citizen, registered Indian, or permanent resident. This is known as the “lonely Canadian” provision. | ||
A dependent child is defined as a child, both biological and adopted, of the sponsor or sponsor’s spouse who is below the age of 22. Exceptions can be made for children who are above the age of 22 but are substantially dependent on their parent due to a mental or physical condition (IRPA s. 1). | A dependent child is defined as a child, both biological and adopted, of the sponsor or sponsor’s spouse who is below the age of 22. Exceptions can be made for children who are above the age of 22 but are substantially dependent on their parent due to a mental or physical condition (IRPA s. 1). | ||
NOTE: There is a new requirement that sponsors meet an increased income level for sponsoring parents or grandparents. | NOTE: There is a new requirement that sponsors meet an increased income level for sponsoring parents or grandparents. | ||
| Line 148: | Line 148: | ||
NOTE: Under “in-Canada” classes, there is no appeal to the Immigration Appeal Division of a failed sponsorship. The only redress is to file a new application, file an overseas family class application, or if possible, to file for judicial review of the refusal. | NOTE: Under “in-Canada” classes, there is no appeal to the Immigration Appeal Division of a failed sponsorship. The only redress is to file a new application, file an overseas family class application, or if possible, to file for judicial review of the refusal. | ||
NOTE: IRCC will issue open work permits to certain spouse or common-law partner in Canada class applicants at the initial stage of processing. | NOTE: IRCC will issue open work permits to certain spouse or common-law partner in Canada class applicants at the initial stage of processing. | ||
== D. Caregiver Program == | == D. Caregiver Program == | ||
| Line 160: | Line 161: | ||
• The caregivers’ immediate family members will be eligible for open work permits and/or study permits. | • The caregivers’ immediate family members will be eligible for open work permits and/or study permits. | ||
Please see Chapter | Please see Chapter 9: Employment Law for further information on caregivers. You may also contact the Migrant Workers Centre for more information: | ||
| Line 186: | Line 187: | ||
Unlike applications made under a Pre-Removal Risk Assessment, a person who applies under H&C considerations may be removed from Canada before the decision on the application is made. | Unlike applications made under a Pre-Removal Risk Assessment, a person who applies under H&C considerations may be removed from Canada before the decision on the application is made. | ||
F. Convention Refugees (the Process) | F. Convention Refugees (the Process) | ||
| Line 211: | Line 213: | ||
● Hearings at the independent Immigration and Refugee Board of Canada (“IRB”) will be conducted by public servant decision-makers rather than people appointed by the Governor in Council (“GIC) | ● Hearings at the independent Immigration and Refugee Board of Canada (“IRB”) will be conducted by public servant decision-makers rather than people appointed by the Governor in Council (“GIC) | ||
In general, refugee claimants have an initial intake interview with an officer, followed by a hearing with a public servant. Due to the increased volume of claims, the RPD has moved to a “first-in, first out” model where claims are heard in the order they are referred. If the claimant fails, they will have 15 days to make an appeal to the Refugee Appeal Division (“RAD”). Claimants whose claims are decided by the IRB to be “manifestly unfounded” or have “no credible basis,” designated foreign nationals, and those falling under an exception to the Safe Third Country agreement have no right of appeal to RAD but may be able to file for Judicial Review. | In general, refugee claimants have an initial intake interview with an officer, followed by a hearing with a public servant. Due to the increased volume of claims, the RPD has moved to a “first-in, first out” model where claims are heard in the order they are referred. If the claimant fails, they will have 15 days to make an appeal to the Refugee Appeal Division (“RAD”). Claimants whose claims are decided by the IRB to be “manifestly unfounded” or have “no credible basis,” designated foreign nationals, and those falling under an exception to the Safe Third Country agreement have no right of appeal to RAD but may be able to file for Judicial Review. | ||
| Line 474: | Line 477: | ||
{{REVIEWED LSLAP | date= July 1, 2019}} | |||
{{LSLAP Manual Navbox|type=chapters15-22}} | {{LSLAP Manual Navbox|type=chapters15-22}} | ||
