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Difference between revisions of "Permanent Residence Application Process (18:V)"
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Permanent Residence Application Process (18:V) (view source)
Revision as of 18:34, 28 June 2016
, 18:34, 28 June 2016→D. Caregiver Program
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Please see [[Foreword on Employment Law (9:I) | Chapter 9: Employment Law]] for further information on live-in caregivers. You may also refer to the Live-in Caregiver Program, administered by the federal government via Citizenship and Immigration Canada. Information on the Program, including the November 2014 changes, is available on the [http://www.cic.gc.ca/english/work/caregiver/index.asp CIC website], and also through the West Coast Domestic Workers’ Association: | Please see [[Foreword on Employment Law (9:I) | Chapter 9: Employment Law]] for further information on live-in caregivers. You may also refer to the Live-in Caregiver Program, administered by the federal government via Citizenship and Immigration Canada. Information on the Program, including the November 2014 changes, is available on the [http://www.cic.gc.ca/english/work/caregiver/index.asp CIC website], and also through the West Coast Domestic Workers’ Association: | ||
{| class="wikitable" | |||
| colspan="2" style="font-weight: bold;" | WCDWA | |||
|- | |||
| 302-119 W Pender Street | |||
| Telephone: (604) 669-4482 | |||
|- | |||
| Vancouver, B.C. V6B 1S5 | |||
| Fax: (604) 669-6456 | |||
|- | |||
| Website: http://www.wcdwa.ca | |||
| E-mail: info@wcdwa.ca | |||
|} | |||
Once a live-in caregiver is admitted into Canada on a Work Permit, she or he must work for two of four years before applying for permanent resident status in Canada (''IRP Regulations'', s 113(1)(d)). | |||
== E. Humanitarian and Compassionate Applications == | |||
Humanitarian and compassionate (“H&C”) applications are generally applied for from within Canada under s 25(1) of the IRPA, but they can also be applied for from abroad. This is a highly discretionary category. The test is whether the foreign national would face “undue, undeserved, or disproportionate hardship” if they were forced to return to their country of habitual residence or citizenship. The primary concern is “the best interest of any child” affected by the decision, but an immigration officer will also consider: level of establishment in Canada, family ties in Canada, ties to community, and any other relevant considerations. Students should review the IP5 manual carefully before providing advice on an H&C file. | |||
'''NOTE:''' In 2010, s 25 of the IRPA was amended, such that personal risks faced by the claimant that are relevant to a Convention refugee determination can no longer be considered in deciding an H&C application. However, “hardship” must still be considered—see IRPA s 25(1.3). Thus, discrimination in the foreign national’s country of origin that does not constitute persecution may still properly be considered by the Minister in determining whether the foreign national would experience undue, undeserved or disproportionate hardship. Review IP5 for guidance on how officers evaluate discrimination. | |||
As of June 29, 2012, refugee claimants who have had their claim denied '''will be subject to a 1-year bar on submission of an H&C application as well as a bar on concurrent applications'''. 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) == | |||
Foreign nationals who apply for Convention refugee protection or “protected persons” status are assessed by the Refugee Protection Division (“RPD”). The definition of a Convention refugee is found at s 96 of the IRPA. Generally, the person must: (a) have a well-founded fear of persecution; (b) the fear must be objective and subjective; (c) the fear must be linked to a Convention ground (i.e. race, nationality, religion, political opinion or membership in a particular social group); (d) there must be no Internal Flight Alternative, i.e. a place in the country of feared persecution where the person can reasonably live safely; (e) there must be no state involvement or state complicity; and (f) the state must be unable or unwilling to protect. If a person has more than one place of citizenship, they must have exhausted options in both of their countries of citizenship (see Canada v Ward [1993] 2 SCR 689). This is not an exhaustive list; refer directly to the IRPA, ss 95 to 111. The IRB Chairperson has issued special interpretation guidelines for determining Convention refugee claims of women refugees. Students should review these “Gender Guidelines” when assisting women refugee claimants. The Gender Guidelines can be found on the IRB’ s website, www.irb-cisr.gc.ca, under the heading “Legal and Policy References.” | |||