Immigration to Canada Canada Immigration Government of Canada Contents: Terms and Defintions Immigration Fees The Immigration Interview Permanent Resident Status Your Rights as a Permanent Resident Family Class Sponsorship Canadian Citizenship Foreign Students Appealing an Immigration Decision Arrest and Detention The Point System TERMS AND DEFINITIONS 1. Status: "Status" means the standing or position a person has under immigration law. Everyone in Canada has a status that determines his or her rights. There are different types of status. Some people have the status of "Canadian citizen." Others have the status of "Canadian Indian," "Convention refugee," "member of a designatied class," "immigrant," "permanent resident," "permit holder," or "visitor." Here is a brief description of each: - Canadian citizen. A Canadian citizen is: a) someone born in Canada, b) someone born outside Canada to a parent who is a Canadian citizen, or c) someone who becomes a citizen through "naturalization." A naturalized Canadian citizen is someone who has applied for citizenship and has met the legal requirements. - Canadian Indian. Canadian Indians are registered as such under Canada's Indian Act. They have the same immigration rights as Canadian citizens. - Convention refugee. Convention refugees are peole who have a fear of persecution in their home country for reasons of race, religion, political opinion, nationality or membership in a particular social group, and whose refugee claim has been accepted. - Member of a designated class. Members of designated classes are people the Canadian government recognizes as: a) oppressed in their own country, or b) displaced by emergencies. Designated classes exist for humanitarian reasons and change with global events. - Immigrant. Immigrants ask permission to make their home in Canada and to live here permanently. They become "permanent residents" if they are granted "landing" in Canada. - Permit holder. Some peole are given a permit (a "Minister's Permit") by the Minister of Immigration. This gives them temporary status and lets them come to or stay in Canada, though they would not normally be allowed to do so. For example, someone needing special medical treatment in Canada might be given a Minister's Permit even though he or she is not admissible as a regular immigrant or visitor. - Visitor. People with vistior's status are in Canada temporarily and for a specific reason. Visitors include tourists, students, temporary workers, or business people. 2. Documents: There are many important immigration documents. Several are defined here: - Visas. Viasa are documents or stamps on a document, usually a passport. They are issued by a Visa officer, and there are two main types: Immigrant Visas. Immigrant visas are issued to people coming to Canada to become permanent residents. Visitor's Visas. Vistior's visas are issued to people coming to Canda for a limited time and for a specific reason. - Student authorizations. Student authorizations allow a visitor to register for a course of study in Canada. Normally, students have to get this authorization before coming to Canada. - Employment authorizations. Employment authorizations allow a visitor to work temporarily in Canada. Usually, people who want temporary work have to get this document before leaving home. But first they have to arrange a job in Canada, and their employer has to get an "employment validation" from Canada Employment. - Removal orders. At the end of an inquiry, three different methods can be used to require people to leave Canada: Exclusion orders. People given an exclusion order are not allowed to return to Canda for the next 12 months, unless the Minister of Immigration gives them written permission to enter. If they are in Canada, they must leave. Exclusion orders expire after 12 months. After that, "excluded" people can again apply to enter. Deportation orders. Deportation orders force people to leave Canada. These people can never re-enter Canada unless they get permission from the Minister of Immigration. Departure orders. In many cases, the adjudicator at the Immigration inquiry may feel that a deportation order is too harsh. Instead, she or he may decide to issue a departure order to someone already in Canda. The adjudicator considers whether the person will leave Canada wthin the 30 day period, and whether he or she can pay the travel costs. Teh adjudicator must believe that this person should not need the Minister's permission to enter Canada in the future. In some circumstances, a Senior Immigration Officer also has the power to make a departure order or exclusion order. This can be done without an inquiry. A departure order (rather than a deportation order) will be issued only if the circumstances leading to the person's violation of the Immigration Act are not considered serious. A person with a departure order must get a certificate of departure from an Immigration officer before leaving the country. If this is not done, the departure order automatically becomes a deportation order and the person cannot returen to Canada without the Minister's permission. Someone who has received a departure order can apply to come back to Canada at any time without restriction. Note: Conditional Orders. If a person makes a claim to Convention refugee status, she or he may receive a conditional exclusion order, or a conditional departure order. Conditional orders never take effect unless: a) that person withdraws or abandons his or her refugee claim, or b) that claim turns out to be unsuccessful. - Undertaking of assistance. An undertaking of assistance is a statement signed by Canadian citizens or permanent residents who want to help their relatives immigrate to Canda. By signing this statement, they agree to provide their relatives with financial help in Canada. If these relatives are considered "family class," the undertaking is a commitment lasting up to ten year. But it they are considered "assisted relatives," the commitment lasts no more than five years. 3. Other Terms: - Examination. An "examination" is an interview. Anyone trying to come to Canada is "examined" or "interviewed" by an Immigration officer in Canada. The immigration officer considers, and in some cases decides, whether someone is "admissible." Some peole must get a "medical examination" before coming to Canada, but that's a different kind of examination. - Landing. "Landing" means getting permanent resident status. Most peole who get landing are given this status when they enter Canada with an immigrant visa. - Port of entry. Places where people can enter Canda, such as international airports, border crossings, or maritime ports are considered "ports of entry" by the Canadian government. Immigrants and visitors must be "examined" at a port of entry before they can be admitted to Canada. - Inquiry. An inquiry is a formal Immigrtion hearing. It is held to decide whether someone is admissible to Canda or should be removed from Canada. - Adjudicator. Adjudicators preside at inquiries and decide whether people have the right to enter or stay in Canada. Adjudicators require people to leave the country if they do not have this right. - Immigration officer. An Immigration officer is someone who works for Canada Immigration. He or she performs duties related to the administration of the Immigrtion Act, such as interviewing people, providing informaiton, and deciding on applications. Immigration officers are sometimes called Immigration counsellors. - Senior Immigration Officer. A Senior Immigration Officer has all the powers of an Immigration Officer, as well as the power to decide whether a refugee claimant is eligible for a hearing at the Immigration and Refugee Board. In some situations a Senior Immigration Officer also has the power to make a departure order or exclusion order. - Visa officer. A Visa officer is an Immigration officer stationed outside Canada at a Canadain embassy or consulate. He or she is responsible for issuing visas to people who are eligible to come to Canada. IMMIGRATION FEES Canada Immigration often charges fees to process applications and documents. Paying a fee does not guarantee that your application will be successful, and you do not get a refund if your application is unsuccessful. Immigration and Visa officers must "pre-screen" or check all applications before they are processed. This is to make sure that they are filled out correctly and include proper information. There is no charge for this service. Fees must be paid when the documents are processed. If you don't pay the fee, Immigration will not process your application. General Exemptions "Designated Class" applicants don't have to pay application fees. these people are diplomats, refugee claimants, and some individuals allowed to stay in Canada for humanitarian and compassionate reasons. Other people are sometimes exempted from paying fees because of special circumstances. Permanent Resident Status Cost: $500 for each application. This fee covers the main applicant only. Each dependent child included in the application costs an additional $100, if the child is 18 years of age or younger. A spouse of any age or a dependent child 19 years of age or older costs an additional $500. In most cases, you apply for permanent resident status in your home country and pay the application fee at that time. If you or your sponsor are not able or willing to pay the fee, your application will not be processed unless you have a good reason (such as humanitarian or compassionate grounds). If you are the spouse or dependent child (18 years of age or younger) of a Convention refugee or member of a Designated Class: In this case, you do not have to pay the fee if your application is made withing a year of your sponsor becoming a permanent resident of Canada. Employment Authorization Cost: $125 for each individual application; $350 for each family application. Fees must be paid when you apply for an employment authorization. You must also pay to change the terms and conditions of an authorization, and to renew it. If you are applying for permanent residence and an exployment authorization at the same time, you must pay both fees ($500 plus $125). Not every one has to pay for an employment authorization. Here is a list of some people who do not have to pay: - Convention refugees, refugee claimants, or their dependents; - some students, depending on their programmes or study and their circumstances; - applicants who work without pay for religious or charitable organizations; - citizens of countries that have special agreements with Canada; - people who apply on humanitarian or compassionate grounds, and - groups of entertainers with 15 or more members (groups of between two and fourteen members pay $250) Application for Visitor Status/Extension of Visitor Status Cost: It costs $55 per person to apply for a visitor visa from outside of Canada. The family rate for visitor visas is a maximum of $350. It costs $65 per person to apply for visa extensions from within Canada, or a maximum for $350 per family. Applications will not be processed if you are not willing to pay. Thre are cirumstances in which you do not have to pay a fee for the extension of the visitor status. Here are some examples: - if your stay in Canada, including the extension, is less than 90 days; - if your application for permanent residence has been approved in principle, and you need the extension to remain in Canada until you receive permanent resident status; and - if you pay the fee for an employment authorization at the same time that you apply for an extension of your visitor's status. Verification of Permanent Resident Status Cost: $30 for each application Request to Change Landing Records Permanent residents can apply to change information on their landing records (for example, an incorrect country of origin). Ther is a cost of $30 for each application to change these records. If the change is needed because Immigration made a mistake on a landing record (for example, a typographical error), there is no charge to correct it. THE IMMIGRATION INTERVIEW An interview at an Immigration office is not an inquiry or formal Immigration hearing. However, you must know your legal rights before going to an interview. There are many reasons for interviews at Immigration Canada offices. Getting Ready for the Interview When you receive a notice from Immigration to attend an interview, you must go. Sometimes you are not given a reason ofr the interview, but you still have to go. An Immigration officer may want an interview with you for the following reasons: - to tell you about a decision concerning your application; - to tell you that he or she believes you have violated the Immigration Act or broken the terms and conditions of your stay in Canada; or - to ask you for more information. It is very important to see your lawyer or someone from a legal clinic before going to an Immigration interview. If you situation is not simple or toutine, you need legal advice. A lawyer can: - give you advice on immigration law and outline the good and bad points of your case; - give you advice on whether you can make an application; - tell you what information and documents you must bring to your interview at Immigration; and - help you get information before you attend the interview. Sometimes a lawyer can also go with you to the interview. Depending on the reason for your interview, you will need to bring a variety of documents. Here are some examples: - your passport; - your birth certificate or other information; - immigration papers such as your visa, record of permanent residence, employment authorization, or Minister's Permit; - proof of the birth, age, and citizenship of anyone you want to sponsor, and proof that you are related to this person; - your return airline ticket, or proof of your return airfare, if you are a visitor expected to return to your homeland; - letters or other papers supporting a request to extend your stay in Canada; - proof of your financial situation if you want to sponsor someone, or for the extension of your stay as a visitor, or for a permanent residence application; and - proof of your education and work experience. At the Immigration Interview Remember the name of the Immigration officer you speak with, and take notes of what happens. They also help you remember what to do next and what information you have to get. You should bring a lawyer or community legal worker to the interview. Under Canada's Charter of Rights and Freedom's you are entitled to free legal representation, even though you are not a citizen of our country. Contact you community social service organizations for more information on this and other free services you are entitled to, including free interpreters, if you do not speak English or French. Bringing a lawyer or community legal worker with you, gives you a witness to what occurred in the interview. Be careful what you say to Immigration. If you make statements to Immigration that are proved to be untrue, or different from statements you made before, this can be used against you at a later date. Remember, you havt the right to speak to a lawyer before answering any questions. If you think Immigration believes that you committed a crime or violated the Immigration Act, you should speak to a lawyer before saying anything to Immigration officials. If, during an Immigration interview, you are accused of committing a crime or of violating the Immigration Act, you do not have to admit to anything. Speak to a lawyer right away. After the Interview After the interview: - finish your notes; - speak to your lawyer or community legal worker if you have questions; - tell your lawyer or community legal worker what happened at the interview if she or he wan't there; and - get the information you need. PERMANENT RESIDENT STATUS As a permanent resident, you have more rights and privileges than visitors to Canada have, but you do not have all the rights held by Canadian citizens. Here are some of the things you should know about being a permanent resident in Canada. Restrictions on Democratic Rights Permanent resident do not have the right to: - live in Canada withou risk of removal; - re-enter Canada after being out of the country for six months or more, unless they can satisfy Immigration that they did not intend to abandon Canada as their place of permanent residence; - hold a Canadian passport; - vote in federal elections or in some provincial or municipal elections (though you can join any political parties and vote in their riding nominations); and - run for elected office in federal elections or in some provincial or municipal elections. Removal from Canada A permanent resident can be forced to leave Canada for certain reasons. If an Immigration official has information showing that you should be removed from Canda, you may be ordered to attend an Immigration inquiry. The inquiry is held to decide whether you have violated the Immigration Act and should be removed from Canada. If you are a permanent resident, you can still lose your status. No matter how long you have lived here, you can be required to leave Canada if: - you do not fulfill any condition of your permanent resident status; - you knowingly used false documents when you applied for permanent residence; - you knowingly used false or incomplete information when you applied for permanent residence or when you were landed; - you are convicted of a criminal offence for which a maximum penalty of five or more years' imprisonment can be imposed, or you receive a jail sentence of six months or more; - it can be proved that before you received permanent residence you committed a serious criminal offence or crime against humanity, and you failed to disclose this to Immigration authorities; or - Immigration can prove that you are a security risk because of subversion, terrorism, or organized crime. This is very rare, but if you receive notice from Immigration that the government is starting removal proceedings for this reason, get legal help right away. You can either pay for this legal assistance, get it through various free Legal Aid programmes, from a community legal aid aid clinic, or from various immigrant/refugee social aid agencies. Appeals If you are ordered to leave Canada at an Immigrations inquiry, you have the right to appeal this order. Your appeal will be made to the Immigration Appeal Division of the Immigration and Refugee Board (IRB). The IRB may take humanitarian and compassionate factors into consideration. You may be allowed to remain in Canada even if you violated the Immigration Act or were found guilty of a criminal offense. Returning Resident Permit If you are outside Canada for more than 183 days (about 6 months) in any 12 month period, the law assumes that you intended to abandon or give up your permanent resident status. To keep this status, you will have to prove to Immigration that you never intended to give Canada up as your home. If you can't prove this, you may lose your status. Important: Even if you are outside Canada less than 183 days, a Canadian Visa Officer may still decide that you abandoned Canada as your home. For this reason, it may be a good idea to apply for a "returning resident permit" if you received your permanent residence recently and you are travelling to a "refugee-producing country." this is true even if you plan to be away for a short time. If Immigration challenges your permanent resident status why you re-enter Canada, a formal inquiry may be held. If the adjudicator at the inquiry finds that you did intend to abandon Canada, you will lose your permanent resident status and be required to leave Canada. You have the RIGHT to appeal this decision to the IRB's Immigration Appeal Division, whether or not you obtained a returning resident permit before leaving Canada. Applying for a Returning Resident Permit: If you plan to be out of Canada for a long time, apply for a returning resident permit at an Immigration offce before leaving Canada, or at a Canadian embassy or consulate while you are outside the country. To avoid potential problems, it may be best to apply for this permit before you leave Canada, even if you do not plan to be away for more than 183 days. To apply for a returning resident permit, write or visit your local Immigration Canada office. Most returning resident permits are valid for less than 12 months, but a Senior Immigration Officer can give you a longer permit, valid for up to 24 months. You can leave and re-enter Canada as often as you want if you permit is valid. And you can apply for another permit when your current permit expires. YOUR RIGHTS AS A PERMANENT RESIDENT If you are a permanent resident in Canada, you have rights and privileges and are entitled to a variety of services. Each province handles services for immigrants in a different way and may call these services by different names. Look under the provincial government listing in the blue pages of your telephone book to see what is available. Most large cities have at least one immigrant aid agency that can help you adjust to life in Canada and give you information about local services. Ask your Immigration Canada office about the immigrant aid agency in your area, or ask your religious or cultural centre for more information. A community information centre may also be able to answer your questions. Legal Aid: Most provinces have some type of legal aid plan to help people who need a lawyer but can't afford one. Some provinces provide free legal help through community legal clinics. Immigrants and Refugees typically need legal help much more often than citizens. If you need legal advice for immigration or other problems, look under Legal Aid in the telephone book or call your provincial Attorney- Genaral's office. Where there is no legal aid, contact any local community or ethic organizations as they usually will arrange free legal assistance to you. Health Insurance: All provinces have some type of health insurance plan. In some provinces, peole pay into this plan on a regular basis, and the plan then pays for their medical care. As a Convention Refugee, Landed Immigrant, or Visa student, you are entitled to free medical care. When you arrive in Canada, apply for health insurance right away; there is probably a waiting period before you become eligible for help. Language Classes: It is very important to learn English or French. Language skills in one or both languages will help you get a job. Canada Employment Centres as well as Immigration Canada sponsor many free language classes. Many of these classes entitle you to additional benefits such as free public transport and free daycare. Education: There is an elementary and secondary public school system in every Canadian province. You do not have to pay a fee to attend a public school if you are a permanent resident and you live in the same municipality as the school. There are also private schools that charge fees. Post-secondary schools such as community colleges and universities charge tuition and have entrance requirements. There are some Immigration Canada programs that may enable you to attend a community college free of charge. Additionally, you may be able to get student loans or grants if you attend a post-secondary institution. Check with your community immigrant assistance groups and with the registrar of the institution that interests you, as well as with Immigration. Human Rights; Every province has laws that protect people from discrimination on the basis of their race, colour, citizenship, ethnic background, religion, handicap, sex, and sexual orientation. These laws protect you from discrimination in exployment, housing, and the services available to you. If you believe you are the victim of discrimination, see a lawyer or community legal worker. Or call the government ministry responsible for human rights in your province. Get the telephone number by looking up Human Rights in the provincial government listing of your telephone book. CANADA HAS A CHARTER OF RIGHTS AND FREEDOMS THAT PROTECTS YOUR RIGHT TO SUCH THINGS AS FREEDOM OF RELIGION, FREEDOM OF THOUGHT AND EXPRESSION, FREEDOM OF PEACEFUL ASSEMBLY AND FREEDOM OF ASSOCIATION. Employment: Each province has laws related to employment. These laws vary from province to province, but in no case does the government guarantee a job for every person who wants to work. - Canada Employment Centres: Canada Emplyment Centres are set up by the Canadian government to help peole looking for work. The government and many employers advertise job openings at these centres. Each centre has counsellors who may be able to help with your job search skills and language training. In some situations, they may also be able to help with occupational training or upgrading. - Industry Canada: Industry Canada in co-operation with the Federal Business Development Bank, have special programs of loans, loan guarantees and grants for new multicultural businesses. They also have their regular programs of loan guarantees for new worthwhile ventures. - Employment Standards: The provincial government is responsible for laws that set standards for working conditions. These laws usually guarantee such things as a minimum wage, normal working hours, overtime pay, holidays and vacition, and termination notice. To find out more about employment standards in your province, call your provincial Ministry of Labour. If your employer has treated you unfairly, contact your union or Ministry of Labour, or see a lawyer. - Employment Equity: If you feel you have not been hired, promoted or given an increase in salary based upon your sex, ethnic background, or disability, there is recourse. Contact your provincial Minstry of Human Rights, or in the case of the federal government or a federal government contractor, the Canadian Human Rights Commission, to file a complaint. Additionally, federally and in some provinces, there are employment equity laws to ensure proportional representation based upon sex, ethnic background and disability in the workplace. - Health and Safety: Some provinces have laws that protect workers from health and safety hazards in the workplace. These laws may give employees the right to refuse work if they think it is unsafe. - Collective Bargaining: Each province has laws that protect a worker's right to join or form a labour union. A union is an organization of workers that bargains with employers to set conditions of employment such as wages. This process is called "collective bargaining." - Workers' Compensation: Your province may have a programme that compensates workers who are injured on the job. This is a type of insurance system that can provide income or compensation to people temporarily or permanently disabled becasue of work-related injury. - Unemployment Insurance (UI): Unemployment insurace is a federal government programme. UI pays you 57 percent of your salary if you lose your job. However, if you quit your job withou a good reason, or if you are fired for misconduct, you may not receive UI benefits. To collect UI, you must have worded a minimum amount of time in the past year (10-20 weeks, depending on the unemployment rate in your area). The period of time you can be on UI depends on the number of weeks you worked to qualify and th rate of unemployment in your area. Your local Canada Employment Centre can give you more information about this. Social Services and Income Assistance: Provincial governments offer a range of social services, including income assistance programmes. Canada Employment Centres (federal government offices) may also help. Canada Employment Centre staff may be able to refer you to a programme that provides an allowance for basic living expenses. Other services available in Canada include subsidized housing, subsidized daycare sercies, and pension income supplements. Local governments or community organizations may also fund counselling services, community information centres, shelters for battered women and the homeless, and free food and clothing programmes. FAMILY CLASS SPONSORSHIP Some relatives can be sponsored to Canada as members of the family class. You may be able to sponsor a relative if you are: - a Canadian citizen or a permanent resident (landed immigrant); and - residing in Canada. If you have sponsored someone before, this sponsorhip must not have broken down. You must have dept your promise to look after the person you sponsored. At present, family class relatives are not assessed under the point system and their applications are given a high priority. Who Can Be Sponsored as a Family Class Relative? The following people can be sponsored as members of the family class: - your spouse (husband or wife); - your fianc‚ or fianc‚e; - your dependent son or daughter; (to be "dependent," your child must be: - under 19 and unmarried when he or she applied for a visa, and still unmarried on arrival in Canada; - unable to support himself or herself because of a physical or mental disability, and supported by you; or - 19 or older, a full-time student since age 19, and supported by you since age 19; or - any age, but married since 18 or younger, a full-time student, and supported by you since marriage;) - your parents or grandparents; - your orphaned brothers, sisters, nephews, nieces, or grandchildren if they are under 19 and unmarried; - children under 19 if you plan to adopt them; and - one other relative if you don't have a close relative in Canada or anywhere else in the world who can qualify as a member of the family class. Who is an "Assisted Relative?" Assisted relatives are: - sons, daughters, brothers, sisters, nephews, nieces, and grandchildren who do not qualify as family class relatives; and - aunts and uncles. How Can I Sponsor a Family Class Relative? Most family class applications are started by sponsors in Canada. To sponsor a member of the family class, contact your nearest Canada Immigration office and ask for a sponsorship kit. Complete the documents in this kit. When you sign the Undertaking of Assistance, you agree to provide lodging, care, and financial support for your relative for one to ten years. Return all the necessary documents to Immigration Canada. An Immigration officer will evaluate your forms. if your undertaking is approved, Immigration will send you a letter, notifying you that your undertaking has been approved and telling you how long the process will take. CANADIAN CITIZENSHIP If you decide to make Canda your home, yo may want to become a Canadian citizen. Canadian law allows you to hold more than one citizenship. but you may lose the citizenship of your country of origin, depending on the laws of your former homeland. Some countries consider you a citizen even after you become a Canadian. If you visit your country of origin, you may be subject to all its laws, including military service. It is very important to find out the laws concerning your citizenship in another country. You can get information by inquiring at the country's consulate or embassy. There are advantages to becoming a Candain citizen. The rights, protections, and freedoms of a Canadian citizen are outlined in Canada's Constitution. As a citizen, you can vote and run for political office in all federal and provincial elections. You have the right to hold a Canadian passport and to re-enter Canada no matter how long you remain out of the country. If you were born outside Canada, but at least one of your parents was a Canadian citizen, you have the right to claim Canadian citizenship. Get legal advice. Requirements To become a Canadian citizen, you must meet the following requirements: - Age: You must be at least 18 years old to apply for citizenship. If your child is under 18, you may apply on his or her behalf when you apply for your own citizenship. Your child must sign the application if he or shi is 14 years of age or older. You may alos wait unti after you have received your Canadian citizenship before applying on behalf of your child. - Residence: You must live in Canada for at least three of the four years immediately before the date of your application. During this time, each day you were in Canada before your received permanent resident status counts only half a day. Time spent outside the country attending school or on business might be counted towards the three year requirement. Time spent in prison, on probation, or on parole does not count. If you were on probation but were granted a "discharge" by the court, this time might be counted. Consult a lawyer if this is your situation. - Offical Language: You must be able to speak French or Enlish well enough to be understood in the community. - Knowledge of Canada: You must be familiar with Canada's political system, geography, and history. You must also know about your rights and responsibilities as a Canadian citizen. Citizenship courts provide free publications with the information you need, and some settlement agencies offer courses that prepare you for the citizenship interview. - Oath of Citzenship: If you are 14 years of age or older, you must take and sign the Oath of Citizenship. In doing so, you swear allegiance to the Queen of Canada and her successors. You also swear that you will observe the laws of Canada and fulfill your duties as a Canadian citizen. You cannot become a Canadian citizen: - if you are under a deportation order; - if you are on probation or parole; - if you are in prison; or - if within the past three years you have been convicted of a criminal offence for which you could receive a sentence of six months or more. Note: The Minister of Immigration has the power to waive citizenship requirements and to grant citizenship on compassionate grounds. Procedure Apply for citizenship at the nearest Citizenship Court. Look in the blue pages of your telephone book to find the Citizenship Court nearest you. Look under Citizenship in the Government of Canada listings. Citizenship Court officers travel to some areas of Canada that don't have Citizenship Courts. If there is no Citizenship Court in your area, contact the following office: Registrar of Canadian Citizenship Department of Secretary of State Sydney, Nova Scotia B1P 6V6 You can fill out the application form yourself or get help from a Citizenship Court officer. After completing the application, you must affirm or swear tht the statements you made are true. You can do this at the Citizenship Court or before anyone qualified to take oaths. Notary publics, commissioners for oaths, justices of the peace, and most lawyers can take oaths. You must also attach the correct fee and any required documents to your application. Here are some of the other documents you need: - a birth certificate or passport to prove the date and place of your birth; - two photographs taken within the last year; (these must be of a certain size and show a full front view of your head and shoulders; you must sign these photographs when you apply;) and - two pieces of identification; for example a driver's licence and social insurance card. Interview or Hearing The next step is your interview or hearing with the "citizenship judge." The judge looks over your application and speaks with you in French or English, whichever you prefer. At the hearing, be prepared to answer simple questions about Canada's history and geography, its people and industry, and its form of government. You must also know: - the rights and privileges of citizenship; - the responsibilities of citizenship; and - the enumerating and voting procedures in elections. All the information you need is contained in the booklets you receive with your application. If you need help, ask the Citizenship Court about free citizenship classes. The Citizenship Court will contact you about the date of your hearing or interview. If you have moved since you completed the application, or ifyou will be away from home for a long time, write to the Court and explain this. If the Court cannot reach you, it may assume that you are no longer applying for citizenship. If this happens, you will have to apply again. If yo are unable to attend the intrview with the citizenship judge, explain this to the Court before the date of the interview and make a new appointment. You cannot become a Canadian citizen if you do not go to the interview. The Ceremony If your application for citizenship is approved, the Citizenship Court will send you a letter telling you the day, time, and place of the ceremony. Make sure the Court has your current address and knows whether you can attend the ceremoney on that date. At the ceremony, you take the "Oath of Citizenship." You must affirm that you are telling the truth or swear the Oath on the book of your faith or religion. You may bring your own copy of your holy book. You receive your citizenship certificate at the ceremoney. This certificate shows that you area a Canadian citizen. When you beocme a Canadain citizen, you usually keep your citizenship for the rest of your life. However, you may be permitted to give up your Canadian citizenship under certain conditions. FOREIGN STUDENTS If you want to study in Canada, you must make the arrangements while in your home country. Before you come to Canada, you must get a "letter of acceptance" from the school you plan to attend, plus a visa with a "student authorization" from a Canadian consulate or embassy. Most countries have offices to assist their citizens in coming to Canada to study. They will assist you with the forms and may provide you with funding. You may not need a student authorization if you are taking short-tern, non-credit, general interest courses. For example, if you come to Canada as a tourist and decide to take a three week course in flower arranging, you will not need an authorization. However, you do need a student authorization for all academic, professional, and vocational training courses. If you want to take any course, check with Immigration Canada first to see if an authorization is required. If it is and you do not get one, you can be forced to leave Canada. Letter of Acceptance Write directly to the school you wish to attend to find out about entrance requirements, courses available, tuition fees, and housing costs. You should apply to the school registrar at least six months before you plan to start your studies. If you are accepted, you will receive a letter of acceptance from the school. You must give this letter to the Canadian consulate or embassy when you apply for your student authorization. The letter of acceptance must describe your course of study and verify that it involves full-time study for a period of six months or more. Full-time study means at least 24 hours of instruction each week. This 24 hours can include laboratory time, library work, and any time spent on an assignment that is an important part of the course. Student Authorization Apply for a student authorization at a Canadian consulate or embassy. Normally you must get this authorization before you arrive in Canada, but ther are exceptions to this rule. A Visa officer or other Immigration officer can give you more information about his. When you apply for a student authorization, you need other documents such as: - Vias: Residents of most countries need a visitor's visa to enter Canada. Students are considered visitors. - Proof of Good Character: Immigration officials usually check your background to make sure you do not have a serious criminal record. Ask a responsible perosn in your community for a letter confirming your good character. If an organization sponsors your studies in Canada, ask for a letter confirming this sponsorship. - Valid Passport: Make sure that your passport is valid for your entire stay in Canada. If your passport needs to be renewed, contact you home country's embassy or consulate in Canada before your passport expires. Citizens or permanent residents of the United States do not need a passport to enter Canada. - Proof of Adequate Funds: When you apply for a student authorization, you must prove that you have enough money to support your studies in Canada. Canada Immigration has a list of estimated living expenses for different areas in Canada. The school you attend may be able to give you these figures. You must provide documentation showing that you have enough money for: - tuition; - living expenses for you and any dependents who accompany you; and - retrun transportation to your home country. In addition to your own money, as well as funds available from your parents or legal guardians, Canada Immigration will also want to know about money received from foreign or Canadian scholarships or from relatives in Canada. To find out more about schools and courses of study in Canada, write to these addresses: For schools that give degrees: Association of Universities and Colleges of Canada 151 Slater Street Ottawa, Ontario Canada K1P 5N1 Canadian Bureau for International Education 141 Laurier West, Suite 809 Ottawa, Ontario Canada K1P 5J3 For technical schools and community colleges: Association of Canadian Community Colleges 110 Eglinton Avenue West Toronto, Ontario Canada M4R 2C9 APPEALING AN IMMIGRATION DECISION If you disagree with an Immigration and Refugee Board (IRB) decision, or with the decision made by an Immigration officer or adjudicatior, you can appeal the decision. It is your right. A. Decisions Made When You Try to Enter Canada A Senior Immigration Officer at a port of entry (an airport or border) may decide that you should not be allowed into Canada. If so, yo will be given an "exclusion order." If you receive an exclusion order, you are not allowed to enter Canada. In addition, you cannot reapply to enter Canada for at least one year, unless you get the written permission of the Minister of Immigration. Exclusion orders can also be made by adjudicators after Immigration inquiries. Sometimes an exclusion order is not made if the person agrees to leave Canada voluntarily. Adjudicators may make a "deportation order" in cases involving criminal or security matters. Deportation orders are more serious than exclusion orders. If you receive a deportation order, you cannot enter Canada. In addition, you cannot return to Canada eithout the written permission of the Minister of Immigration. Appealing an order made at a port of entry Some people who receive exclusion or deportation orders made at a port of entry may appeal to the Immigration Appeal Division of the Immigration and Refugee Board. It doesn't matter whether the order was made by a Senior Immigration Officer at a port of entry, or by an adjudicator after an inquiry. You can appeal an exclusion or deportation order by arguing that it is not legally valid. With exclusion orders, you can also argue that the order should be overturned on other grouds, such as humanitarian and compassionate considerations. B. Decisions Made Within Canada If you violate the Immigration Act after entering Canda, you may be given a "removal order" and required to leave the country. The two main types of removal orders made within Canada are departure orders adn deportation orders. If you are given a departure order, you must leave Canada on your own initiative within 30 days. Before leaving, you must report to an Immigration officer. He or she will confirm that yo are leaving and give you a "certificate of departure." If you leave with this certificate, you can reapply for permission to enter Canada in the future. If this certificate is not issued within 30 days, your departure order becomes a deportation order. A deportation order means that Immigration will remove you from Canada at the government's expense. You will not be allowed back into Canada without the written permission of the Minister of Immigration. Senior Immigration Officers can sometimes issue departure orders, but they do not have the power to issue deportaton orders. Adjudictors can issue both types of orders. Appealing a departure or deportation order You can appeal a departure or deportation order made by an Senior Immigration Officer or adjudicator. Contact a legal aid, a community legal aid clinic, groups assisting immigrants and refugees, or a lawyer. Your appeal mus be filed within 30 days. Your appeal will go to the Immigration Appeal Division of the Immigration and Refugee Board. The board will consider the legal validity of the decision, as well as other considerations, such as the humanitariam or compassionate aspects of your case. ARREST AND DETENTION If you are arrested or detained . . . Canadian immigration law says that refugees and immigrants can be arrested and detained under some circumstances. This booklet explains the law as simply as possible, the the law is complicated. To find out more, get legal assistance. When Can I Be Arrested Or Detained? You can be arrested or detained when you arrive in Canada, while you are inside Canada, or at an Immigration inquiry. Arrest and detention when you arrive: Immigration officers can arrest you at the border or airport if they believe that: - you are not who you say you are; - you will not appear for your hearing; or - you will be a danger to the public. Arrest and detention inside Canada: Once you are inside Canada, Immigration or police officers can arrest you if they have resonable grounds to believe that: - you have stayed in Canada after your visitor's status has expired; - you entered Canada illegally, or you did not show up for your inquiry; - you entered Canada with a false passport; - you were deported from Canada but came back without the written permission of the Minister of Immigration; - you did not leave Canada by the date given in your departure notice; - you are a danger to the public; or - you will not appear for examination, inquiry or removal from Canada. Immigration and police officers DO NOT need a warrant to arrest you. Arrest and detention at an Immigration inquiry: An inquiry is a hearing held before an Immigration adjudicator to decide whether you can enter or stay in Canada. The adjudictor has the power to detain you during your inquiry, or when your inquiry ends. This means that even if you were free at the beginning of your inquiry, yo may be placed in detention during your inquiry or when it ends. What Are My Rights If I Am questioned, Searched, Detained or Arrested? Your rights if questioned: Immigration officers may question you at the airport or border to determine whether you have a right to enter Canada. You must answer their questions. If you have to attend an Immigration inquiry, you will also be asked questions by an Immigration officer. This officer is called a case presenting officer, and you must answer her or his questions as well. If Immigration or police officers ask you questions OUTSIDE an Immigration examination or inquiry, you do not have to answer. Immigration and police officers can ask you anything, but you have the right to remain silent. You have the right to counsel at an inquiry but not at an airport or border unless Immigration officers say they intend to strip search you. this is very rare, but if it does happen, you have the right to counsel. this counsel is usually a lawyer or trained community legal worker, but is can be anyone experienced with immigration law. Your rights during a search or arrest: In most cases, Immigration and police officers need permission to enter a home to arrest someone. However, if they enter without permission, call a lawyer right away. Im nost cases, Immigration and plice officers do not have the right to search a home because of an immigration offense. However, if they arest you, they can physically search you. Your rights if you have been arrested or detained: If you are arrested or detained, the arresting officer must tell you why. If you are detained at a border or airport, you do not have the right to counsel at your interview or examination unless Immigration officers say they intend to strip search you. If you are detained within Canada, you have the right to a lawyer, and the arresting officer must tell you so. You don't need to answer questions until you have talked things over with your lawyer. If I Am Detained, Wherge Will I Be Held: First you will be taken to a police station or Immigration office for questioning. Later yo will be held at an Immigration detention centre or jail. Most immigration detainees are sent to detention centres, which are usually sections of hotels that are closed off and guarded. However, if Immigration thinks that you are dangerous to the public, you will be held in jail. What Are My Right in Detention? The law says you have the following rights: - the right to free medical treatment; - the right to counsel, and if you cannot afford a lawyer, a free one must be provided; - the right to outdoor exercise and fresh air; and - the right to indoor leisure and recreational activities, including access to reading materials. If you are a woman, you have the right to stay in an area that is designated for women and guarded by female security staff. Above all, you have the right to fair treatment. You must not be punished unfairly. For example, you should not be transferred from a detention centre to a jail for being "uncooperative". If you think that your rights have been violated, get legal help and file a compliant. How Can I Get Released From Detention? There are three stages at which you may be released: - after a review by a Senior Immigration Officer; - after a Detention Review Hearing; or - after an application is made to the court. The Senior Immigration Officer Review: Soon after you are arrested or detained, a Senior Immigration Officer will be informed. If this officer believes that you are not a danger to the public and that you will show up for your inquiry, she or he can order your release from detention within 48 hours of your arrest or detention. The Detention Review Hearing: I fyou are not released by a Senior Immigration Officer within 48 hours, you will get a Detention Review Hearing before an adjudicator right away. The adjudicatior will review your case and the reasons you are being detained. You will be released if the adjudicator decides that: - you are who you said you were when you arrived at the airport or border; - you are not a danger to the public; and - there is not reason to believe that you will not show up for your inquiry while in Canada. If you are not released at this point, Immigration must review your case after seven days. If you are not released then, your detention must be reviewed every thirty days after that. There is no limit on how long you can be detained. You have the right to counsel and an interpreter at every Detention Review Hearing. Application to the court: The third way to get out of detention is to have your lawyer apply to the court for your release. This approach is possilbe only if your detention is illegal. Speak to your lawyer. For more help, contact community legal clinics, the local Legal Aid office, refugee settlement agenices, or churches and other religious organizations. THE POINT SYSTEM Canada Immigration uses a point system to decide where people can become permanent residents of Canada. This system is base on priorities set by Canada's immigration policy and is used to admit the people the Canadian government wants to attract. Everyone who wants permanent residence in Canda is assesses by the point system except those who are sponsored as family class applicants or who claim refugee status. Teh five categories of applicants assessed by the point system are: independent applicants, entrepreneurs, self-employed applicants, investors, and assisted relatives. To qualify as an entrepreneur or investor, you need at least $250,000 in Canadian funds to bring with you. Canada Immigration has a business immigration programme staffed by specially-trained officers to assess you and assist you in setting up a business or investing in one. To qualify as a self-employed applicant, you must be able to make a significant artistic, cultural, or economic contribution to Canada. If you think you qualify for one of they special programmes, ask Canada Immigration, a lawyer, or community ethnocultural group for more information. Assisted relatives must get 65 points. As assisted relative is an applicant with an uncle, aunt, brother, sister, nephew, niece, or grandparent who is a Canadian citizen or permanent resident and residing in Canada. Other people have to get at least 70 points to be accepted. You can get points from nine categories. Here is a summary of each category. 1 - Education (maximum of 16 points): You receive no points at all if you did not complete secondary school. If you did complete secondary school, you get 5 points if your diploma included trade or occupational certification, or 10 points if it qualified you to enter university. If you completed a diploma or apprenticeship certificate from a community college or trade school that required at least a full year of classroom study, you get 10 or 13 points, depending on the school'sadmission requirements. You get 15 points if you finished a first level university degree, and you get 16 points if you completed a university degree at a higher level. 2 - Vocational Preparation (maximum of 18 points): Immigration uses its own system to decide how many years of apprenticeship or professional, vocational, or on-the-job training are needed for each occupation. Points are given for the time you spent preparing for your occupation. However, these points are given according to the maximum recognized by the government's system for your occupation, not the number of years it really took yo to complete your training. To find out the amount of training Immigration recognizes for your occupation, look in the government's "Canadian Classification and Dictionary of Occupations," at your local Immigration Canada office, or your local library. 3 - Experience (maximum of 8 points): The number of points a person can receive for work experience is based on teh amount of training Immigration recognized for his or her occupation. Contact us to get the latest chart for the amount of points we will award for your experience. 4 - Occupation (maximum of 20 points): You can receive points if there is an unmet demand in Canada for people with your job skills. Contact you nearest Immigration Canada "Occupational Demand List" to find out how many points your occupation qualifies you for. At the top of the list are: Scientists, Computer Programmers, Engineers, Teachers and Electronic Technicians. This list does change, so get a copy of the latest listing. 5 - Arranged Employment or Designated Occupation (maximum 20 points): If you have a permanent job offer approved by the Canadian government, you have "arranged employment." Arranged employment gives you 20 points. To get points, you must be qualified for the occupation and able to meet licensing requirements. Any job offered to you must have fair working conditions and wages. Alternatively, if you occupation is on the "Designated Occupation List," you receive the 20 points without arranged employment. 6 - Immigration Levels (as of March 1994, a maximum of 8): The Canadian government sets an annual target for the number of immigrants to Canada. You can receive points if the actual level of immigration looks like it will be lower than or the same as the target figure. 7 - Age (maximum of 10 points): You get 10 points if you are between 21 and 44 years of age. You lose 2 points for each year you are younger than 21 or older than 44. So if you are 16 or younger, or 49 or older, you receive no points in this category. 8 - Knowledge of French or Englis (maximum of 15 points): You receive points if you are able to speak, read, or write French or English. If you are not fluent but speak, read or write one or both languages fairly well, you get a smaller number of points. 9 - Personal Suitability (maximum of 10 points): In the Immigraton interview, the opinion of the Visa officer who interviews you is very important. You can get up to 10 points if he or she thinks you can successfully establish yourself in Canada. Independent Applicants: The Importance of Job Qualifications The most important categories in the point system are those related to employment. This is especially true for independent applicants and assisted relatives. It is very difficult to come to Canada as a permanent resident unless: - you are willing to work in a occupation in Canada Immigration's occupational demand list; or - you have arranged employment. Even if you have 70 points or more, you still need points in these categories. If you are an assisted relaitve and don't get these points, you may still be accepted if you are offfered a job in a family business. If you are an independent applicant and don't get these point, you will not be accepted as a permanent resident. Exceptions If Immigration believes that the point system does not reflect your true abiliby to become established in Canada, Immigration officials have the authority to give you an immigrant visa even if you do not have enough points. For more information, look in the blue pages of your local telephone book under: Government of Canada, Immigration