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Title: Key Provisions and Regulations under Canadian Immigration Law for Permanent Residency: An Insight from LexLords Canada Immigration Lawyers
Understanding the complex network of Canadian immigration law is no small task. It is a dynamic and constantly evolving field influenced by policy amendments and court decisions. This detailed analysis by legal experts at LexLords Canada Immigration Lawyers aims to deepen your understanding of the key provisions, regulations, and principles that guide the process for individuals seeking permanent residency in Canada.
I. Eligibility for Permanent Residency
According to the Immigration and Refugee Protection Act (IRPA), individuals can apply for Canadian Permanent Residency through several programs, primarily economic class, family class, protected persons, and refugee programs. The primary requirements include financial stability, proficiency in English or French, relevant experience or skill set, and absence of criminal records.
A landmark case in this regard is the Kanthasamy v. Canada (Citizenship and Immigration) 2015 SCC 61, where the Supreme Court of Canada expanded on the interpretation of “humanitarian and compassionate grounds,” which could offer a pathway for ineligible candidates to gain permanent residency. This case emphasized the need for a flexible, person-centred approach that looks at all of the applicant’s circumstances.
II. Residency Obligation
According to Section 28 of the IRPA, permanent residents must live in Canada for at least two years in a five-year period. However, this time may also be accumulated while staying with specific family members who are Canadian citizens, working for Canadian businesses or government overseas.
In the Harkat v. Canada (Citizenship and Immigration) [2014] 2 S.C.R. 33 case, it was clarified that violation of residency obligations could lead to loss of permanent resident status unless an appeal on humanitarian and compassionate grounds is successful.
III. Sponsorship
Family reunification is one of the guiding principles of Canadian immigration policy. The Family Sponsorship Program allows Canadian citizens or permanent residents over the age of 18 to sponsor certain family members for permanent residency.
Chieu v. Canada (Minister of Citizenship and Immigration), [2002] 1 SCR 84, emphasized the prominence of public policy considerations in immigration appeals involving misrepresentation. Despite the high level of importance attached to family reunification, it was held that these policy considerations could override the objective of family reunification in certain cases.
IV. Inadmissibility
Under section 34-42 of the IRPA, individuals can be deemed ‘inadmissible’ for several reasons such as security, violation of human rights, criminality, financial reasons, health grounds, or misrepresentation.
In the Medovarski v. Canada (Minister of Citizenship and Immigration), [2005] 2 SCR 539 case, the Supreme Court of Canada ruled that the rights of permanent residents are not absolute. The court upheld the deportation of a permanent resident for criminality despite his long-term residency in Canada.
V. Appeals and Judicial Reviews
Permanent residents who are ordered to be removed from Canada for minor criminal offences can contest this order before the Immigration Appeal Division (IAD). Moreover, decisions made by immigration officials can be subjected to judicial review by the Federal Court.
In the Vavilov v. Canada (Citizenship and Immigration), 2019 SCC 65 case, the Supreme Court provided a new framework for administrative decision-making, emphasizing the importance of reasonableness and fair dealing.
In conclusion, Canadian immigration law is multifaceted and aims to balance national interests with individual rights. Legal experts at LexLords Canada Immigration Lawyers underscore that navigating through this legal labyrinth can be challenging and recommends that individuals seeking permanent residency in Canada fully understand these laws or consult with experienced legal professionals for guidance.