Immigration Process for Canada (AitkenGrey, Chpt 5)

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Questions and Answers

What is the general process for foreign nationals to gain entry and status in Canada?

A two-step process involving a visa application from abroad followed by an application for admission at a port of entry. (correct)

Direct application for admission at a Canadian port of entry without prior visa application.

A single application for permanent residency submitted from within Canada.

Applying for permanent status directly upon arrival in Canada as a temporary resident.

According to the provided text, where must a foreign national initially apply for a visa to enter Canada?

Directly to the provincial nominee program office.

At a Canadian port of entry upon arrival.

From within Canada after entering as a visitor.

From abroad, before attempting to enter Canada. (correct)

What is the primary purpose of the examination conducted by an officer when a foreign national applies for a visa?

To ensure the foreign national is admissible to Canada and meets the requirements of the IRPA. (correct)

To determine if the foreign national has sufficient funds for their stay in Canada.

To evaluate the foreign national's job skills and work experience.

To assess the foreign national's language proficiency in English or French.

Under section 20(1) of the IRPA, what must a foreign national establish to become a permanent resident upon seeking entry to Canada?

That they hold the required visa or documents and intend to establish permanent residence in Canada. Signup and view all the answers

According to section 22 of the IRPA, what is a condition for a foreign national to become a temporary resident?

They must prove they will leave Canada by the end of their authorized stay. Signup and view all the answers

Besides meeting the obligations in section 20(1)(b) and not being inadmissible, what additional requirement is mentioned in section 22 of the IRPA for becoming a temporary resident?

Not being subject to a ministerial declaration under section 22.1 of IRPA. Signup and view all the answers

Which of the following is NOT explicitly mentioned as a step for a foreign national to obtain status in Canada according to the text?

Submitting proof of funds after arrival in Canada. Signup and view all the answers

What is a common element in the requirements for both permanent and temporary residents as per sections 21 and 22 of the IRPA?

Establishing that they are not inadmissible to Canada. Signup and view all the answers

Under what legislative provision is the Minister of Immigration, Refugees and Citizenship granted discretionary power to deny temporary resident status based on public policy?

Section 22.1 of the IRPA Signup and view all the answers

What is a key criticism leveled against the Minister's discretionary power to deny temporary resident status under section 22.1 of the IRPA?

It potentially infringes on the ability of Canadians to associate with foreign nationals. Signup and view all the answers

According to the IRCC guidelines, which of the following is considered a broad area of concern that might lead to the Minister denying temporary resident status?

Promotion of terrorism, violence, or criminal activity. Signup and view all the answers

What is the maximum duration for which a ministerial declaration denying temporary resident status can remain in place?

Three years, but it can be revoked or shortened. Signup and view all the answers

What is a 'counterfoil' in the context of Canadian visas?

A specially designed sticker in a passport containing visa information. Signup and view all the answers

Issuance of a Canadian temporary resident visa by a visa officer signifies that the officer is satisfied that the visa applicant:

fulfills the requirements for becoming a temporary resident under a specified class. Signup and view all the answers

According to the provided text, what definitively establishes temporary or permanent resident status in Canada?

Examination and admission by an officer at a Canadian port of entry. Signup and view all the answers

What is a key requirement for a temporary resident visa holder upon arrival at a Canadian port of entry?

To show they intend to leave Canada at the end of their authorized stay. Signup and view all the answers

Under which circumstances are applicants for permanent residence in Canada NOT required to obtain a permanent resident visa?

Applicants applying under the Spouse or Common-Law Partner in Canada Class. Signup and view all the answers

What is the initial step for foreign nationals seeking to immigrate to Canada through certain economic programs using the Express Entry system?

Completing an online 'expression of interest'. Signup and view all the answers

For permanent resident visa applicants from Quebec, what additional criterion is necessary according to the provided text?

A selection certificate from the province of Quebec. Signup and view all the answers

Which of the following actions is a permanent resident visa holder required to undertake upon arrival at a Canadian port of entry?

Demonstrate they have come to Canada to establish permanent residence. Signup and view all the answers

What is the significance of the expiration date on a temporary resident visa?

It is the latest date by which the foreign national can use the visa to enter Canada. Signup and view all the answers

In the context of visa applications, what might a foreign national be required to provide to facilitate background checks?

Biometrics such as fingerprints and various documents. Signup and view all the answers

For which of the following permanent resident programs mentioned in the text are 'application forms often not required' after an invitation has been issued?

Certain economic programs under Express Entry. Signup and view all the answers

In what format must applications for Canadian immigration be generally submitted?

In writing, as per regulatory requirements. Signup and view all the answers

For permanent residency applications, which procedure is mandatory for all applicants to screen for inadmissibility?

Comprehensive medical examination. Signup and view all the answers

For how long must an applicant for permanent residence have resided in a country after the age of 18 to typically require a police certificate from that country?

Six months or more. Signup and view all the answers

What is the primary role of visa officers in assessing applications for permanent residency?

To determine program eligibility and conduct admissibility checks. Signup and view all the answers

Under Canadian immigration regulations, what is the fundamental requirement for a foreign national intending to stay in Canada temporarily?

Obtaining a temporary resident visa (TRV) prior to entry. Signup and view all the answers

Which of the following is NOT a primary category under which a foreign national may apply for a temporary resident visa to Canada?

Investor. Signup and view all the answers

What is the typical validity period for a single-entry temporary resident visa to Canada?

Generally six months from the date of issue. Signup and view all the answers

What distinguishes the 'super visa' from other types of temporary resident visas for parents and grandparents of Canadian citizens and permanent residents?

It allows multiple entries for up to two years, renewable for ten. Signup and view all the answers

Where are Temporary Resident Visa (TRV) applications initially processed before being forwarded to IRCC?

At designated visa application centres (VACs). Signup and view all the answers

According to regulations, under which condition is a visa officer required to issue a Temporary Resident Visa (TRV)?

If the applicant satisfies the officer that they meet all specified requirements. Signup and view all the answers

Regarding the onus of proof in TRV applications, what is the applicant primarily responsible for demonstrating to the visa officer?

The applicant bears the responsibility of proving they meet visa eligibility criteria. Signup and view all the answers

When do temporary resident applicants need to continue meeting admissibility requirements, in addition to the time of application?

When they present themselves for entry into Canada at a port of entry. Signup and view all the answers

What is identified as the most common concern in the assessment of temporary resident visa applications?

The likelihood of the applicant not leaving Canada at the end of their authorized period. Signup and view all the answers

What is the primary function of an Electronic Travel Authorization (eTA) in the context of Canadian immigration?

To authorize visa-exempt foreign nationals to fly to Canada. Signup and view all the answers

How does access to public healthcare differ between permanent residents and temporary residents on a 'super visa' in Canada?

Permanent residents generally have access to public healthcare, while super visa holders do not. Signup and view all the answers

What is a critical factor for visa officers when assessing temporary visa applications?

Applicant's ties to their home country Signup and view all the answers

What does subsection 22(2) of the IRPA permit concerning intentions of foreign nationals?

Dual intent to visit temporarily and emigrate later Signup and view all the answers

Why might a visa application be refused according to the guidance provided?

Inadequate financial documentation Signup and view all the answers

What recourse is available if a temporary resident visa application is refused?

Reapplication with new information Signup and view all the answers

What standard does the Federal Court use when reviewing decisions made by visa officers?

High deference Signup and view all the answers

What factor does not require visa officer notification if concerning an applicant's visa application?

Deficiencies in documentation Signup and view all the answers

Which class enables foreign nationals to transition from temporary to permanent residence in Canada?

Economic Class Signup and view all the answers

What type of visa was the applicant seeking in the case of Khatoon v Canada?

Visitor's permit Signup and view all the answers

What legal option do foreign nationals have if their application for a temporary resident visa is refused?

Judicial review with leave at Federal Court Signup and view all the answers

What aspect of a visa application often challenges successful judicial reviews?

Deference to visa officer decisions Signup and view all the answers

Under which provision of Canadian law was dual intent recognized?

Subsection 22(2) of the IRPA Signup and view all the answers

What is not a factor considered by visa officers in determining the intent of an applicant to return to their home country?

Academic qualifications Signup and view all the answers

What must be demonstrated for a temporary resident visa under Regulation 179?

Intent to leave Canada after the period authorized Signup and view all the answers

What is a misleading assumption about the visa application process?

Applicants will be informed about application deficiencies Signup and view all the answers

What must visa officers consider when assessing a temporary resident application?

Applicant's overall ties to their home country Signup and view all the answers

What is one of the stated objectives of the Act?

To ensure that families are reunited in Canada. Signup and view all the answers

Which case emphasizes the importance of family reunification under the previous Act?

Gupta v. Canada Signup and view all the answers

What was the policy decision made by the Minister of Citizenship and Immigration in April 2005?

To relax TRV rules for parents and grandparents with pending permanent residence applications. Signup and view all the answers

What was a concern for the visa officer regarding the applicant’s personal situation?

The applicant's potential intention to overstay her visit. Signup and view all the answers

On what basis did the visa officer conclude that a trip from Pakistan to Saudi Arabia was not major international travel?

It is geographically close. Signup and view all the answers

Which document was NOT used by the visa officer as evidence in determining support for an intended visit?

Applicant's spouse's employment book. Signup and view all the answers

According to the case details, what was deemed unreasonable about the visa officer’s decision?

The requirement of personal financial proof from the applicant. Signup and view all the answers

Which cultural practice mentioned influenced the visa officer’s decision?

Widowed women typically living with their sons. Signup and view all the answers

What aspect of the OP 11 manual was discussed in the judgement related to assessing financial stability?

Host's previous year Revenue Canada Notice. Signup and view all the answers

Why was the judicial review application against the visa officer's decision granted?

The officer's decision was based on unreasonable grounds. Signup and view all the answers

What was the judicial outcome after the review of the visa officer's decision?

The decision was quashed and remitted for re-determination. Signup and view all the answers

What influenced the court's decision regarding the officer’s cultural assumption?

The generalization was considered unreasonable. Signup and view all the answers

Which of the following did the visa officer express doubt about concerning the applicant?

Her intention to immigrate permanently. Signup and view all the answers

What did the visa officer discount in his decision that was later deemed unreasonable?

The applicant's international travel history to Saudi Arabia. Signup and view all the answers

Which section of the Overseas Processing Manual is mentioned as addressing evidence of financial support?

Section 7 Signup and view all the answers

Study Notes

Two-Step Process for Foreign Nationals Entering Canada

Foreign nationals generally obtain entry and status in Canada through a two-step process:
- First, applying for a visa from abroad (alone or with family). Family members include spouse/common-law partner, dependent child/grandchild.
- Second, applying for admission to Canada at a port of entry, possessing the visa.
IRPA (Immigration and Refugee Protection Act) and IRPR (Immigration and Refugee Protection Regulations) govern this process.
Section 11 IRPA: Foreign nationals must apply for a visa/required document before entering Canada. Visa issuance depends on an officer's satisfaction that the applicant is not inadmissible and meets the act's requirements.
Section 20 IRPA: Foreign nationals seeking entry/stay must prove eligibility based on desired status (permanent/temporary):
- Permanent: Holder of the required visa/document, intending to establish permanent residence.
- Temporary: Holder of the required visa/document, intending to leave by the end of the authorized stay.
Section 21/22 IRPA: Defines permanent/temporary resident criteria for officer satisfaction - criteria include application for status, meeting obligations in 20(1)a/b, and not being inadmissible.
Section 22.1 IRPA (2013): Grants the Minister discretionary power to deny temporary resident admission based on public policy concerns (terrorism/violence/criminal activity, official/associate/relative of sanctioned country, potential public health risk).

Visas

Visas (permanent/temporary resident) are official documents placed in a passport, proving the required admission requirements are met.
Visa issuance signifies officer satisfaction with applicant's ability to meet residency requirements (based on specific program/class applied for).
Visa application is online or via IRCC provided address.
May involve requested documents, interviews (with counsel in specific circumstances), medical examinations, biometrics (fingerprints) and background checks.
Visas have expiration dates that do not correspond with the end of the applicant's status once in Canada.
Status is determined upon arrival in Canada and examination by an officer. Further proof of intentions is required depending on the visa (permanent or temporary).

Permanent Resident Visas

IRPA requires a permanent resident visa before entering Canada for permanent stay.
Application processes vary considerably, depending on programs (e.g., Spouse/Common-Law Partner in Canada Class, Canadian Experience Class), and methods (e.g., Express Entry system).
Express Entry system involves online "expression of interest," followed by formal application (after invitation).
For applications from abroad (not Express Entry), officers must be satisfied with the applicant's requirements meeting the regulations, intending to establish permanent residence and eligibility criteria of their class/program, as well as the inadmissibility of the applicant and accompanying family members.

Temporary Resident Visas (TRVs) and eTAs

Foreign nationals need a temporary resident visa to enter Canada temporarily.
Categories: visitors, workers, students (with study/work permits also usually needed depending on category). Humanitarian reasons permit temporary resident permit.
Visa types: single-entry, multiple-entry, transit, "super visas." (Multiple entry visas are typically 10 years for most reasons nowadays, except 'super visa'. The 'super visa' is a 2-year temporary visa that is renewable for up to 10 years, available to parents/grandparents of Canadian citizens/permanent residents.
Applications can be online or via a specific mailing address. Applications are checked by private companies for completeness before IRCC handles them.
Eligibility criteria: application status, intended departure by the end of authorized period, valid passport, meeting visitor/worker/student requirements, and inadmissibility status.

Issues/Decisions and Rights Regarding Visas

Applicant bears the onus of proving eligibility criteria are met for a visa.
Visa officers act in good faith, but don't have an obligation to inquire beyond ambiguities in applications. Applicants are responsible to include the proper documentation.
Concerns include the intent to leave Canada upon authorization expiry, instead of remaining illegally or seeking refuge. Evidence of strong ties to applicant's home country is necessary.
Questions regarding length of stay, Canadian family connections, employment details, travel history, are necessary to determine application suitability
Applicants have minimal procedural protections regarding application refusal
Applicants may pursue judicial review (with leave) of a visa denial at the Federal Court. Difficult to do while abroad, as courts give considerable deference to officer decisions and the court believes foreign nationals have a weak procedural fairness claim.
While there's no requirement to inform applicants about specific concerns or interview applicants, officers must acknowledge credibility issues.

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Description

This quiz covers the two-step process for foreign nationals entering Canada, including visa application and admission requirements. It also discusses the relevant sections of the Immigration and Refugee Protection Act (IRPA). Test your knowledge on the legal framework and eligibility criteria for entering Canada.