Foreign Nationals and Residents in Canada

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Questions and Answers

What defines a Foreign National (FN) in Canada?

A person not a Canadian Citizen or Permanent Resident. (correct)

A person who has applied for Canadian citizenship.

A person who is a Canadian Citizen.

A person with Permanent Resident status.

What is the main purpose of a Temporary Resident Visa (TRV)?

To allow a foreign national to enter Canada temporarily. (correct)

To grant permanent residency to a foreign national.

To allow a foreign national to work in Canada indefinitely.

To provide Canadian citizenship to eligible applicants.

Which of the following is NOT a requirement for a foreign national to be admitted as a temporary resident?

They need to apply for temporary resident status.

They must not be inadmissible to Canada.

They must meet specific eligibility requirements.

They must hold a permanent resident card. (correct)

What does a Visitor Record (VR) allow a foreign national to do?

It allows a foreign national to remain in Canada for a limited time. Signup and view all the answers

Who issues the Visitor Record (VR) to a foreign national?

An immigration officer based on examination. Signup and view all the answers

What action may a Minister's Delegate take if they find the report to be well-founded?

Refer the report for an admissibility hearing Signup and view all the answers

Which statement about permanent residents facing removal orders is accurate?

They are entitled to a hearing unless the report is based solely on residency obligation failure Signup and view all the answers

Under which section can a permanent resident appeal a removal order decision?

s. 63(3) IRPA Signup and view all the answers

What does subsection 44(2) IRPA allow if the report is found well-founded?

The matter is referred for a hearing or a removal order is issued Signup and view all the answers

What is specified in s. 228(2) IRPR regarding permanent residents?

A departure order should be issued directly for residency obligation failures Signup and view all the answers

What primarily determines the right of entry to Canada for Permanent Residents?

The individual's Permanent Resident status Signup and view all the answers

Which of the following is NOT required for a Permanent Resident to enter Canada?

A visa Signup and view all the answers

How long must a Permanent Resident have physically spent in Canada within the last 5 years to maintain their status?

730 days Signup and view all the answers

What role does a valid PR card play regarding Permanent Resident status?

It influences the presumption of PR status Signup and view all the answers

Which of the following describes a situation when a Permanent Resident may lose their PR status?

Spending insufficient time in Canada Signup and view all the answers

What action can a CBSA officer take if a Permanent Resident is found to have spent only 700 days in Canada within the last 5 years?

Determine the individual does not hold PR status Signup and view all the answers

What distinguishes the validity of a Permanent Resident's status from their PR card?

PR status is independent of the card's validity Signup and view all the answers

Which of the following is true regarding the issuance of a PR card?

Only issued in Canada Signup and view all the answers

What should be considered when choosing the physical layout for a client interview?

Select a room based on the client's background and needs. Signup and view all the answers

How can a legal professional help minimize distractions during a client interview?

Put a Do Not Disturb sign on the door and switch off ringer. Signup and view all the answers

What is a recommended practice to enhance the atmosphere of the interview room?

Include a small potted plant or flower for color. Signup and view all the answers

What factor should NOT be neglected in making a client feel comfortable during an interview?

Whether the temperature in the room is comfortable. Signup and view all the answers

Which of the following statements about conducting interviews in offices is true?

It’s acceptable to conduct interviews in various locations based on client needs. Signup and view all the answers

What is an effective way to ensure the client remains focused during the interview?

Offer a subtle verbal cue such as 'Do you have any questions about that?' Signup and view all the answers

Which internal distractor could negatively impact a client interview?

Personal issues affecting your focus and attention. Signup and view all the answers

What is one of the technical requirements for conducting online interviews?

Ensure the camera is set up at eye level. Signup and view all the answers

What is the primary purpose of the principle of non-refoulement in international refugee law?

To prohibit the return of refugees to territories where their life or freedom is threatened Signup and view all the answers

Which provision in the Geneva Convention outlines the principle of non-refoulement?

Article 33(1) Signup and view all the answers

What are the three basic elements of the refugee definition?

Inclusion, exclusion, and cessation Signup and view all the answers

What have many governments implemented in response to increasing asylum claims in the 1980s?

Interdiction measures Signup and view all the answers

What violation was the US found guilty of by the Inter-American Commission on Human Rights?

Violation of non-refoulement principle Signup and view all the answers

Which section of Canadian law incorporates the right to non-refoulement?

s. 115 of the IRPA Signup and view all the answers

What must countries provide to individuals claiming refugee protection?

A fair system to adjudicate claims for protection Signup and view all the answers

What exception did Canada make regarding interception practices at sea?

Interception of Sri Lankan Tamils in Senegal Signup and view all the answers

Study Notes

Foreign Nationals in Canada

A Foreign National (FN) is someone who is not a Canadian citizen or permanent resident, including stateless persons.
A Temporary Resident (TR) is an FN authorized to stay in Canada for a limited time.
A Temporary Resident Visa (TRV) allows an FN to enter Canada (admission to Canada).
An Electronic Travel Authorization (eTA) allows non-visa required nationals to fly to Canada (exceptions like US citizens exist).
A Visitor Record (VR) is issued to FNs after examination by an officer, allowing them to stay in Canada for a fixed period.

Permanent Residents in Canada

A Permanent Resident is a person who has been granted permanent resident status by an officer after applying.
PRs have legally immigrated to Canada but are not yet citizens.
PRs do not need a visa to enter Canada but need evidence of meeting requirements and are not eligible for a Canadian passport.

Difference between Temporary Resident Visa (TRV) and Visitor Record (VR)

TRV: Issued before entering Canada, allows for a specific period of stay.
VR: Issued upon arrival in Canada, allows for a specific period of stay determined by the officer.

Right of Entry for Permanent Residents

The right to enter Canada is attached to Permanent Resident status, not a specific document like the PR card.
If the PR status has not been lost or relinquished, they are permitted entry with proof of their status.

Permanent Resident Cards

A PR card is a physical document issued inside Canada, not a requirement for PR status.
While the card may provide a presumption of PR status, an officer can determine otherwise based on individual circumstances.

Loss of Permanent Resident Status

Permanent resident status can be lost through various means outlined in section 46 of IRPA, including:
- Absence from Canada for extended periods
- Criminal convictions
- Misrepresentation during the application process

Interviewing Skills

Consider the physical environment of client interviews, ensuring accessibility, comfort, and minimal distractions.
Employ verbal cues to keep clients focused.
Be aware of internal distractions that can impact your focus during interviews.
Interviews do not always need to be conducted in your office, considering client limitations.
Online interviews require additional preparation and technical considerations.

Referral for Removal Order or Admissibility Hearing

If a report on a Permanent Resident is deemed well-founded by the Minister's Delegate, they may refer the matter for an admissibility hearing or issue a removal order.
The Immigration Division of the IRB reviews the report to determine the course of action.

Appeals to the Immigration Appeal Division

Permanent residents can appeal decisions to make a removal order following an admissibility hearing or a residency determination.
Appeals can be made against negative residency determination decisions made outside of Canada.

Non-Refoulement, Interdiction, and Refugee Protection

Non-refoulement is a fundamental principle of international refugee law, preventing countries from returning refugees to territories where they risk persecution or serious harm.
Canada incorporates this principle into its immigration laws.
Interdiction measures aim to prevent asylum seekers from reaching territories.
Interdiction measures can sometimes violate the principle of non-refoulement, as seen in the interception of Haitian boat people.
Canada has generally avoided a policy of interception on the high seas, with the Sri Lankan Tamils case being an exception.

Refugee Definition

The refugee definition includes three key elements: inclusion, exclusion, and cessation.
The definition outlines who qualifies for refugee status and the criteria for losing that status.

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Description

This quiz explores the distinctions between foreign nationals, temporary residents, and permanent residents in Canada. It covers key concepts like Temporary Resident Visas, Electronic Travel Authorizations, and Visitor Records. Test your understanding of immigration categories in Canada.