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

From Clicklaw Wikibooks
Jump to navigation Jump to search
 
(7 intermediate revisions by 3 users not shown)
Line 1: Line 1:
 +
 +
 +
 +
{{REVIEWED LSLAP | date= August 16, 2021}}
 
{{LSLAP Manual TOC|expanded = immigration}}
 
{{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.
 
  
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 advised that you reference outside sources in addition to this manual if your question is beyond the scope of the questions listed aboveIt 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 manualNotes advising users of potential changes to immigration law have been placed throughout the chapter as a warning that further research may be needed.
  
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).  
+
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.<br>
  
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 COVID-19 pandemic is  affecting immigration, refugees, citizenship and passport services. Further, there is currently travel restrictions to Canada for non-essential travels from the US until at least July 21, 2021 until further notice. Accordingly, it is recommended that you refer to the Immigration, Refugees, and Citizenship Canada (IRCC) website for updated information on how your client’s legal matter may be affected by the service restrictions imposed by IRCC prior to provide legal advice to your clients. For more information, please see the below website:
 +
https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19.html
  
'''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.  
+
'''NOTE:''' This chapter does not cover Quebec immigration matters.
  
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.
+
{{LSLAP Manual Navbox|type=chapters15-22}}

Latest revision as of 11:18, 16 August 2021


This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 16, 2021.



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.

NOTE: The COVID-19 pandemic is affecting immigration, refugees, citizenship and passport services. Further, there is currently travel restrictions to Canada for non-essential travels from the US until at least July 21, 2021 until further notice. Accordingly, it is recommended that you refer to the Immigration, Refugees, and Citizenship Canada (IRCC) website for updated information on how your client’s legal matter may be affected by the service restrictions imposed by IRCC prior to provide legal advice to your clients. For more information, please see the below website: https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19.html

NOTE: This chapter does not cover Quebec immigration matters.

© Copyright 2021, The Greater Vancouver Law Students' Legal Advice Society.