Filipiniana News –
February 2014
RHYME & REASON
More Citizenship and Immigration Changes!
For
those who are still keeping tabs on the myriad changes in Canada's immigration
law and policy, please see below a summary of further changes that were
introduced by Citizenship and Immigration Canada (CIC) in just the first two
weeks of February 2014.
PGP
Sponsorship Applications Closed for 2014
On 3
February 2014, CIC announced that the annual quota of 5,000 complete
applications under the parent and grandparent sponsorship (PGP) category had
been filled. Therefore, no new PGP
applications will be accepted by CIC in 2014 and prospective applicants will
have to wait until the quota is reopened in 2015.
Despite
the annual limit of 5,000 applications, CIC expects to admit up to 20,000
parents and grandparents this year most of whom will come from the huge backlog
of applications accumulated in the previous years. This is expected to substantially reduce the
processing time for all pending PGP sponsorship applications which are taking
up to six or more years to process.
The
alternative means for parents and grandparents to come to Canada will be to
apply for supervisas which are multiple entry visas valid for up to ten years
and which will allow parents and grandparents to stay in Canada for up to two years at a
time.
Proposed Citizenship Act Changes
On 3 February
2014, CIC released the details of the proposed changes to Canada's Citizenship
Act. These changes, which are still
subject to legislative review and approval, include:
·
Citizenship
applicants will be required to be physically present in Canada for at least
1,460 days/four years in the last six years (3 in the last 4 years at present)
·
Citizenship
applicants will be required to be physically present in Canada for at least 183
days/six months in four out of the last six years (not required at present)
·
No
more credit will be given for presence in Canada before becoming a permanent
resident (credit for half of time spent in Canada as a valid temporary resident
for up to a year maximum is allowed at present)
·
Applicants
will be required to prove intent to reside in Canada (not required at present)
·
Applicants
with foreign criminal charges and convictions will be disqualified from
obtaining citizenship (limited to domestic criminal charges and convictions at
present)
·
Applicants
from 14 to 64 will need to satisfy the language and knowledge requirements (18
to 54 years old at present)
·
Adult
applicants will be required to file Canadian income tax returns (not required
at present)
·
Fines
and penalties for fraud committed by applicants and consultants will be
increased to a maximum of $100,000 or up to 5 years in prison ($1,000 and one
year in prison at present)
·
Canadian
citizenship of dual citizens who are convicted of terrorism, treason and spying
offences and who are members of organized groups engaged in armed conflict with
Canada will be revoked
·
Citizenship
grant for members of the Armed Forces of Canada will be expedited.
CIC
Processing Fee Changes
Effective
6 February 2014, the CIC processing fees for the following applications have changed:
·
$100 for all visitor visa and visitor renewal
applications (previously $75 for single-entry visas and visitor renewals and
$150 for multiple entry visas)
·
$150 for student visa and study permit
renewal applications (previously $125)
·
$155 for work visa and work permit renewal
applications (previously $150)
·
$400 for adult citizenship applications plus
right of citizenship fee (previously $200)
Elimination of Federal Investor and
Entrepreneur Programs
On 11
February 2014, CIC announced the termination of the Federal Investor and
Entrepreneur programs. CIC will instead
promote the Start-Up Visa program and introduce new and "more focused and
effective pilot programs that will ensure that immigrants who come to Canada
deliver meaningful benefits to our economy." In this regard, CIC Minister Chris Alexander
disclosed in recent news reports that the government plans to launch "a new Immigrant Investor Venture Capital Fund plan or a business
skills option" later this year.
Changes for International Students
On 12 February
2014, CIC released the new regulations for international students which will
take effect on 1 June 2014. These
include:
·
Study
permits will only be issued for students pursuing studies in educational
institutions designated by CIC to receive international students
·
Study
permit holders will be authorized to work off campus for up to 20 hours a week
during school periods and full time during school breaks without need to obtain
a work permit
·
Visitors may apply for a study permit
from within Canada if they are at the pre-school, primary or secondary level,
an exchange or a visiting student at a designated learning institution, or have
completed a course or program of study that is a condition for acceptance at a
designated learning institution
·
A study permit becomes invalid 90 days
after completion of studies
·
International students may legally work
after completion of studies until a decision is made on their application for a
post-graduation study permit
More significant changes to Canada's
immigration landscape are expected in the days and months ahead and which may
catch many people unaware. Thus, if you
are currently dealing with any immigration or citizenship issues, it is best to
exercise due diligence by consulting a trusted legal advisor to discuss the current state of the law
vis-a-vis your particular circumstances.
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