3. IMMIGRATION
Presented by:
Me Herbert Brownstein &
Me Mitchell Brownstein

6. INTRODUCTION

7. INTRODUCTION
This Seminar will try to provide:
 A general presentation of the immigration
programs
 Canadian citizenship
 A short presentation of immigration juridictions
and the pertinent jurisprudence.

8. GLOSSARY
I. Temporary immigration program
II. Permanent immigration program
III. Canadian citizenship process
IV. Judicial jurisdiction: “The Dragon Case”

9. I. TEMPORARY IMMIGRATION
CATEGORIES

10. A. Working in Canada
 A work permit is usually required to work
temporarily in Canada.
 If the applicant wants to work in the Province of
Québec he also has to get a Québec Acceptance
Certificate.
 The application can be filed from inside Canada,
from outside or even on one’s arrival in Canada,
depending on the circumstances.

11. Categories exempt from Work Permits
Athletes and coaches Family members of foreign
Aviation accident or incident representatives
investigators Foreign representatives
Business visitors Health-care students
Civil aviation inspectors Judges, referees and similar
Clergy officials
Convention organizers Military personnel
Crew members News reporters, film and
Emergency service providers media crews
Performing artists
Examiners and evaluators
Public speakers
Expert witnesses or investigators
Students working on campus
Foreign government officers

12. A. Working in Canada

13. A. Working in Canada
1. The Labour Market Opinion (LMO)
2. The NAFTA
3. Intra-company transfers
4. The Live-in Caregiver program

14. A. Working in Canada
1.The Labour Market Opinion (LMO)
 Every year, Canadian employers hire foreign workers
to help address skill and labour shortages.
 In most cases, the employers must file an application
for LMO.
 The purpose of the LMO is to assess the impact of the
foreign worker in the Canadian labour market.

15. A. Working in Canada
2. The NAFTA
(North American Free Trade Agreement)
Members: Canada, USA and Mexico
 Deals with temporary admission of businessmen and professionals
 Creates one of the world’s largest free trade zones
 Encourages economic growth and rising prosperity
businesspeople/visitors
negotiate the sale or purchase of goods and services
Market and provide after-sales services.
Example : Business visitors from the USA or Mexico can enter
Canada to sell their goods or services.

16. A. Working in Canada
3. Intra-company transfers
Conditions:
 The applicant must have a letter from a company which is carrying
on business in Canada which identifies the holder as an employee of
a branch, subsidiary or parent of the company located outside of
Canada;
 He must seek entry to Canada to work in an executive or managerial
position or have specialized knowledge and have an intention to work
for a temporary period;
 A written job offer from a senior officer of the Canadian Company,
addressed to the CIC is required;
 The applicant must prove that they have been working for the foreign
company for at least 1 year in the 3 years preceding the application.

17. A. Working in Canada
4. The Live-in Caregiver program
Live in caregivers are individuals who are qualified
to provide care for children, elderly persons or
persons with disabilities in private homes without
supervision.
They must live in the private home where they work
in Canada.

18. A. Working in Canada
4. The Live-in Caregiver program
Eligibility conditions:
 A positive LMO from an employer in Canada;
 A written contract with the applicant’s future employer signed by
both employer and employee;
 Successful completion of the equivalent of Canadian Secondary
School education;
 At least 6 months’ training or 1 year of full time work experience
as a caregiver;
 Good knowledge of English or French;
 A Work Permit issued before entering Canada.

19. A. Working in Canada
4. The Live-in care giver program

20. B. Studying in Canada:
Study Permit
 Canada has one of the best educational
systems of the world.
 Every year, thousands of students come from
other countries to go to Canadian schools,
colleges or universities.

21. B. Studying in Canada:
Study Permit
 First, the student must be accepted in an educational
establishment in Canada.
 After that, he must obtain a study permit if he wants to
register in a program that lasts longer than 6 months.
 He will have to provide his acceptance letter and prove
that he has sufficient funds for:
- School fees
- Living expenses (for him and any dependents who come with him)
- Transport expenses (trip back, …)

23. C. Visiting Canada:
Visitor Visa
Every year, more than 5 million people visit Canada to
enjoy the many opportunities our country has to offer ;
To visit Canada one must:
- Has a valid travel document, such as a passport;
- Be in good health;
- Satisfy an immigration officer that he has ties to his home country,
such as a job, home and family, that will require that he returns to
his country of origin;
- Satisfy an immigration officer that he will leave Canada at the end
of his visit; and
- Has enough money for his stay.

24. C. Visiting Canada:
Visitor Visa
Depending on one’s nationality, one may have to apply for a
Temporary Resident Visa before entering into Canada.
The Visitor Visa does not allow individuals to work or study in
Canada. The Visitor Visa is valid for six months from the date
of entry to Canada.
If he wishes to extend his visitor status, he must apply 30 days
before the expiration of the visa for an extension.
In case of a family visit, each member must file a separate
application.

25. II. PERMANENT IMMIGRATION
PROGRAM

26. II. PERMANENT IMMIGRATION
PROGRAMS

27. A. Humanitarian and
compassionate grounds
If one believes their situation merits humanitarian
and compassionate considerations, they must clearly
outline those reasons in their application.
Applications for permanent residence made on
humanitarian and compassionate grounds are only
approved in exceptional circumstances and it could
take many years to process an application.
If the applicant has to leave Canada, his application
will still be processed.

28. A. Humanitarian and
compassionate grounds
Any person can ask to stay in Canada for motives of
humanitarian concern.
Usually, Humanitarian and Compassionates grounds can
be found in two different situations:
Hardships
Risks


29. A. Humanitarian and
compassionate grounds
 Hardships
- Situations that would cause problems of serious
suffering;
- Medical Hardships for the applicant or his family.
Refusals can be reviewed by the Federal Court of
Canada.

30. A. Humanitarian and
compassionate grounds
 Risks
The applicant must show that if he is forced to go
back to his country of origin, he will face
torture, persecution, cruel treatment or that his
life is in danger.

31. B. The Refugee program
A refugee is someone who is out of his country of origin
or of habitual residence and who is not able to go back
there because of persecution related to:
- His race;
- His religion;
- His political opinions;
- His nationality;
- His belonging to a social group.

32. B. The Refugee program
A person needing protection is someone who is in
Canada and who fears going back to his country of
origin or of habitual residence for the following reasons:
- Risk of being tortured;
- Risk to his life;
- Risk of cruel and unusual treatment or punishment.
Canada provides protection to thousands of people every
year and offers refugee protection.

33. B. The Refugee program

34. C. Sponsorships
A Canadian Citizen or permanent resident may sponsor the
following individuals to come to Canada as permanent residents:
- Her/his spouse
- Her/his common-law partner or
- Her/his conjugal partner or
- Her/his dependent children
- Her/his parents or grandparents
Both the sponsor and his relative must meet certain criteria.
Applicants for permanent residence must go though medical and
criminal background screening.

35. C. Sponsorships
The Family class sponsorship
The relationship between the Sponsor and the
Sponsored Person must be one of the following:
Spouse, common-law partner, or conjugal partner; or
Parent or grandparent; or
Dependent child; or
Brother, sister, nephew, niece, or grandchild who is
orphaned, under 18 years of age and not married or in a
common-law relationship; or
Intended adopted child under 18 years of age; or
Other relative, if the Sponsor has no relative listed above
and no relatives who are Canadian citizens or Canadian
Permanent Residents (limited to one relative only).

36. D. Skilled workers and
professionals
1. Federal skilled workers and professionals
Skilled workers are selected as permanent residents
based on:
-Their education
-Their work experience
-Their knowledge of English and/or French
-Other criteria… (which help them become economically established in
Canada)
The applicant must also show that he has enough money to
support himself and his dependants after he arrives in Canada.

37. D. Skilled workers and
professionals
Federal skilled worker applications are assessed for
eligibility according to the following criteria:
Based on the results of their official language proficiency
test
AND
Based on having a valid offer of employment or arranged
employment, OR
Based on having one year of continous full time “paid” work
experience in at least one of the occupations listed in the next
slide.

38. List of the 29 eligibles occupations (Federal Skilled Workers)
 0631 Restaurant and Food Service Managers • 3233 Licensed Practical Nurses
 0811 Primary Production Managers (Except • 4151 Psychologists
• 4152 Social Workers
Agriculture)
• 6241 Chefs
 1122 Professional Occupations in Business • 6242 Cooks
Services to Management • 7215 Contractors and Supervisors,
 1233 Insurance Adjusters and Claims Carpentry Trades
Examiners • 7216 Contractors and Supervisors,
Mechanic
 2121 Biologists and Related Scientists
Trades
 2151 Architects • 7241 Electricians (Except Industrial &
 3111 Specialist Physicians Power System)
 3112 General Practitioners and Family • 7242 Industrial Electricians
Physicians • 7251 Plumbers
• 7265 Welders & Related Machine Operators
 3113 Dentists
• 7312 Heavy-Duty Equipment Mechanics
 3131 Pharmacists • 7371 Crane Operators
 3142 Physiotherapists • 7372 Drillers & Blasters - Surface Mining,
 3152 Registered Nurses Quarrying & Construction
 3215 Medical Radiation Technologists • 8222 Supervisors, Oil and Gas Drilling and
Service
 3222 Dental Hygienists & Dental Therapists

39. D. Skilled workers and
professionals
2. Québec selected skilled workers and professionals
Under the Canada-Québec Accord, Québec can
establish its own requirements in immigration matters and
select its own immigrants who they believe will adapt to
the province’s lifestyle.
To be selected, the applicant must:
- Plan to live in Québec with the purpose of working there;
- Have acquired training and professional skills which
will make his integration into the workplace easier.

40. E. Canadian Experience category
To apply under this category, the applicant must:
- Plan to live outside the province of Quebec
- Be either
. A temporary foreign worker with at least two years of full-time (or
equivalent) skilled work experience in Canada, or
. A foreign graduate from a Canadian post-secondary institution with
at least one year of full-time (or equivalent) skilled work
experience in Canada:
1. Have gained experience in Canada with the proper work or study
authorization
2. Apply while working in Canada – or - within one year of leaving a
job in Canada
. Include the results of an independent language test

41. F. Entrepreneurs
The Entrepreneur program seeks to attract experienced
businesspersons who will own and actively manage
businesses in Canada that contribute to the economy
and create jobs.
The Applicant has to follow the Federal Program rules.
If he wants to go in Quebec, the Applicant will have to
satisfy the Provincial Program of Quebec rules.

42. F. Entrepreneurs
1. The Federal Program
The Entrepreneur must :
 Show that they have business experience
 Have a minimum net worth of $300,000 (CAD) that
was obtained legally and,
 Respect the conditions for entrepreneurs after they
arrive in Canada.

43. F. Entrepreneurs
2. The Provincial Program of Quebec
To be eligible:
 Have net assets of at least $300,000 (CAD) (alone or
with his spouse or common-law partner);
 Have at least two years of experience acquired during
the five years preceding the date he submitted the
application in a lawful and profitable business that he
managed alone or with his spouse or common law
partner controlling at least 25% of the capital equity;

44.  The experience in running a business is defined as
the actual and full-time assuming of the
responsibilities and duties related to the planning,
the management and control of the material,
financial and human resources.
 The entrepreneur may chose one of the two
following program components:
- Ability to carry out a business project
- Acquisition of a business in Québec
In both cases he must control, alone or with his
accompanying spouse or common-law partner, at least 25%
of the capital equity with a value of at least $100,000 (CAD)

45. F. Entrepreneurs
Other factors considered:
- Age and age of the spouse or common-law partner;
- Nature and duration of the applicant’s training;
- Language skills;
- Applicant’s personal qualities and his knowledge of
Québec;
- His ability to acquire or create a business in Québec or his
ability to carry out a business project;
In addition, upon his arrival in Québec, he must operate the
business, for at least one year during the three years after
obtaining permanent resident status.

46. F. Entrepreneurs

47. G. Investors
1. The Federal Program
The Immigrant Investor program seeks experienced business
people who are willing to invest $800,000 (CAD) into
Canada’s economy
The Investor must:
 Show that he has business experience;
 Have a minimum net worth of $1,600,000 (CAD) that
was obtained legally and,
 Make a $800,000 (CAD) investment.
Citizenship and Immigration Canada will return to the investor
the $800,000 (CAD), without interest, after five years.

48. G. Investors
2. The Provincial Program of Quebec
To be eligible:
 Have net assets of at least $1,600,000 (CAD) (alone or
with his spouse or common-law partner);
 Have experience in management in a legal farming,
commercial or industrial business, etc…;
 Intend to settle in Québec and sign an agreement to invest
$800,000 (CAD) with a financial intermediary (broker or
trust company) authorized to participate in the Investor
program.

49. G. Investors

50. III. CANADIAN CITIZENSHIP
Canadian Citizenship is one of the most sought after
citizenships in the world
To be eligible to become a Canadian citizen:
Be at least 18 years old
Have Permanent Resident status in Canada. That status must
not be in doubt;
Time lived in Canada: For Adults only -> have lived in
Canada at least three years (1095 days) in the past four years
before applying;
Language ability in one of the two officials languages in
Canada : English and/or French;
No Criminal Record

51. III. CANADIAN CITIZENSHIP
The applicant cannot become a citizen if he:
 Has been convicted of an indictable (criminal) offence or
of an offence under the Citizenship Act in the three years
before he applied;
 Is currently charged with an indictable offence or an
offence under the Citizenship Act;
 Is in prison, on parole or on probation;
 Is under a removal order (has been ordered by Canadian
officials to leave Canada);
 Is under investigation for, or charged with, or has been
convicted of a war crime or crime against humanity; or
 Has had his Canadian citizenship taken away in past
years.

52. IV. IMMIGRATION
JURISDICTIONS

53. A. APPEAL OF A FEDERAL DECISION
The appeal of decisions coming from Canadian Embassies
of Federal departments are heard at:
The Immigration Appeal Division (IAD)
1.
An appeal is allowed in cases if the decision being appealed
was wrong in law or fact, or if there was a breach of a principle
of natural justice or in some cases, on the basis of humanitarian
and compassionate considerations.
The Federal Court
2.
Its authority derives primarily from the Federal Courts Act.

54. A. APPEAL OF A FEDERAL DECISION
1. The Immigration Appeal Division
Hears appeals on immigration matters such as appeals from
refused sponsorship applications and from removal
orders.
Four types of Appeals:
- Sponsorship appeals;
- Appeals from a removal order
- Residency obligation appeals
- Minister’s appeals of an IAD decision

55. A. APPEAL OF A FEDERAL DECISION
2. The Federal Court
The Federal Court hears all claims emanating from a
decision of the Federal administration. More than
60% of its activity is composed of Immigration
Law.

56. B. APPEAL OF A QUEBEC
DELEGATION DECISION
The Tribunal Administratif du Québec
1.
A decision from a delegation of Quebec is heard at the
IAD.
The Superior Court
2.
If the Appeal is rejected by the Tribunal Administratif
of Québec, the Superior Court can review the
administrative decision.

57. C. JURISPRUDENCE:
“The Dragan Case”
Story:
300,000 Applicants applied for permanent residence in Canada
before June 28, 2002, the day that the Immigration And Refugee
Protection Act, S.C, c.27 (IRPA) came into force. The former Act
stated that 70 points were required to be eligible whereas the new
one required 75.
125 applicants filed Mandamus applications to be interviewed prior
to June 28, 2002.
Brownstein, Brownstein & Associates were the lawyers representing
47 of the 125 mandamus applicants. They won all their case.
Their clients were all interviewed at CND Embassies worldwide
prior to June, 2002 based on the old rules.

58. CONCLUSION
Both Canada and Quebec offer many immigration
programs to serve people with different
backgrounds. Immigration law is a very complex
field subject to frequent changes.
WE HOPE THAT YOU ARE NOW ABLE TO HAVE A
BETTER GENERAL UNDERSTANDING OF THE
DIFFERENT IMMIGRATION PROGRAMS.

60. THANK YOU FOR
YOUR
ATTENTION