canadian immigration law and refugies, Summaries of Law

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CASE STUDY

ON

IMMIGRATION LAW

Submitted by: Rajdeep Das 15FLUHH

The Immigration and Refugee Protection Act, (Canada’s Citizenship and Immigration Law) This federal law is made by the parliament of Ottawa in 2002 for assisting the economy which birthrate and population is very less. Now coming to the act,this act sets out the rules and regulation regarding to the protection in Canada. There are certain rules and procedures which one must have to follow : 1.Persons who can enter and stay in Canada: Each and every person has the right to remain in Canada or visit Canada but not every individual are allowed to be in Canada.There are certain restrictions for them but people who comes under this criteria mentioned below are allowed in the country:  Canadian citizen  Permanent Residents or Landed Immigrants  Persons registered under Indian Act and  Refugees and Protected Person Other than this, people such as visitors, students, temporary workers, also considered there as temporary residents can stay there for a limited time period and they must have the visa if they wish to enter into Canada permanently or temporarily. 2.Persons eligible for Immigration to Canada: The immigrants are divided into three classes:  Economic Class under which skilled workers, entrepreneurs, investors, provincial nominees and live in care givers.  Family Class under which those family members already living in Canada as Canadian citizens or permanent residents,  Refugees and Humanitarians Class The Ministry of Citizenship and Immigrations sets a limit for that particular year,once that is reached that year they are not going to allow any other immigrants. Under the economic class the person who comes under skilled worker must have an offer of employment or have been living legally in Canada for one year as a temporary foreign worker or who has at least one year experience in one or more of the National Occupation Codes is available from Citizenship and Immigration Canada.

The Refugee Protection Division of the Immigration and Refugee Board member listens to the claim of the refugees and decide whether the situation of the person meets the definition of refugees according to the UN Convention Relating to the Status of Refugees. 3.Persons who can be removed from Canada: Temporary residents and permanent residents can be removed if they don’t follow the rules and regulations. Three types of removal orders are there such as:  Departure order: no ban from Canada once a person has confirmed their departure from Canada,  Exclusive order: 1 to 2 year ban from Canada once a person has confirmed their departure from Canada,  Deportation order: a permanent ban from Canada. Citizens who has been banned can apply to the Citizenship and Immigration Canada for an Authorization to Return to get control over the ban but they must have a good reason to come back to the country. Permanent Residents or Temporary Residents wouldn’t be admissible for the following reasons:  Security  Human or International Rights violation  Serious criminality  Organized criminality  Misrepresentation  Non-compliance with the IRPA  Health  Finance  Inadmissible Family Member Permanent residents can lose there status if they travel or stay outside for more than 730 days in 5 years before an examination and if they doesn’t meet the residency obligation the immigration officer may issue the person a Departure order but it can be expandable if they are working for a Canadian Government or for a Canadian incorporated company overseas and under this the family members will also be considered. If the citizen is removed from the country or they get a removal order they should contact the Citizenship and Immigration,Canada. It is very important to speak to a lawyer if you are refused status or lose status under the IRPA. The procedure is u have to make an application to the Federal Court of Canada for leave to apply for Judicial Review.The Federal Court can review a decision and determine if there was an error in law or process.

4.When the person can apply for Canadian Citizenship: They can apply if he/she has lived in Canada for at least three years out of four years before the date of the application. Eligibility criteria for Permanent Residence:  Speak and understand and is able to write and read spoken English or French,  Should be aware about the rules and regulation and rights and responsibilities of Canadian Citizenship,  Should have sufficient knowledge of Canadian. Fee for adults to apply for citizenship $200.00 and for children under 18 years it is $100.00. If the applicant meets basic criteria and are in between the age of 18 to 54 years,he or she will be scheduled for a citizenship test to check whether they are aware about Canada and have the adequate knowledge. They are given a study material so that they can prepare for the test,if they meet all the requirements,he or she will be invited for take the Oath Of Citizenship Ceremony. 5.Persons who aren’t eligible for Citizenship: Persons cant become a citizen:  Is in prison for three years or on parole;  Was convicted of an indictable(serious)crime in the past three years;  Has been charged with a indictable(serious)crime;  Is under any removal order or investigation/proceedings under IRPA and isn’t allowed to be in Canada now;  Is charged with an offence under the Citizenship Act;  Is under investigation for a war crime or a crime against humanity;  Or has had his or her Canadian citizenship taken away(revoked) in the past five years. Other than this act there are other acts which are : a. Citizenship and Immigration Canada(CIC) which under the Minister of Citizenship and Immigration is responsible for processing permanent resident and temporary visa applications; b. Canada Border Service Agency(CBSA) under the ministry of Public Safety and Emergency Preparedness is generally responsible for enforcement,removals and hearings. c. Immigration and Refugee Board(IRB) is an independent tribunal with four distinct divisions,one of which is expected to come into effect in December 2012.

emigrants countries.27 million foreign nationals lived in Europe union countries accounting for about 7% of the population. 1.European Migrant: The figure partially represents migrants within the EU region which accounted for approximately a third of total migration.The larger share was citizens of countries outside of the EU25 area,which comprised two-thirds of migrants and 5% of the EU15 population.The aggregate size of this foreign national population was larger than the US’ comparable stock. 2.Immigrant Assimilation in the Labor Market: The choice to migrate is first analyzed,as different motivations can yield distinctly different economic outcomes.Assimilation of immigrants into the host-country labor market over time in terms of wages and employment. 2.1.Migration Choices: People move across countries for many reasons in which the international labor mobility which descends from wage differences across countries likewise many students from developing economies migrate to advanced countries. The nature of the migration will impact education levels,ages,and tenures of immigrants, and consequently their probable assimilation. When migrants have the power to choose the nature of the migrantion will also impact the host country selected. 2.2. Earning Assimilation: The assimilation of immigrants into host country labor markets is analysed by a comparison of wages and employment rates of immigrants v/s natives at the time of entry and over the duration of stay. 2.3.Employment Assimilation: European researches and policy makers focused in the employment rates of immigrants relatives to natives. This European focus is due to both higher unemployment rates in most European countries vis-à-vis the US over the past few decades and the greater generosity of European unemployment benefit systems.Long term unemployment among immigrants can be a much larger fiscal burden for European public finances than in the U.S.

3. Displacement effect in the Labor Market : This section talks about the immigrant assimilation to the effects of immigration on labor outcomes of native workers.The conceptual framework is first presented,followed by a review of earnings and employment displacement studies.

3.1.Conceptual Framework: Abstracting from lower participation rates,immigration increases the labor force of the receiving country. This growth in labor supply affects average wages in the economy if other factors of production like capital are fixed due to changes in relatives scarcities.This labor growth directly affects the average wage due to simple composition effects if the distribution of educations and skills of immigrants differs from the native population. This composition effects has reduced the average wage as immigrants were of lower average skill than native workers. 3.2.Earnings Displacement Effects: Immigrants tends to concentrate in certain regions of host countries,often the major cities.Suppose in US, geographical distances of citiesto home countries also play an important role. Immigrant network from past migrations are importantfor location decisions,although skilled and unskilled immigrants of the same nationality may sort differently across cities in the host country. A typical wage displacement study attempts to exploit this spatial heterogeneity across locations in an estimating equation of the form. 4.Immigration and Public Finances: This analyzes the use of social benefits by immigrants; and the second part studies the net fiscal effects of immigrants over their lifetimes. IMMIGRATION LAW IN INDIA Immigration as the action of coming to live permanently in foreign country and it defines emigrate as leave one’s own country in order to settle permanently in another.

d) Under the provision of the constitution for appointment as a Judge of Supreme Court as well as Judge of High Court; e) Under the provisions of the Representation of the People Act,1950 in regard to registration as a voter; f) Under the provisions of the Representation of the People Act, with regards to the eligibility for being a member of the House of the People or of the Council of States,as the case may be; g) For appointment to public services and posts in connection with the affairs of the Union or of any State except for appointment in such services and post as the Central Government may by special order in that behalf specify. The Registration of Foreigner Act,1939 which makes it mandatory for all foreigners including those of Indian origin,except those specified under special categories to register themselves with the concerned Registration Office within 14 days of their first arrival in India,if they hold a visa for a period which is more than one hundred and eighty days.It is required to get registered only once during the validity of a visa irrespective of the number of times the foreigner leaves or re-enters India on multi-entry facility and if a foreigner enters India on a new visa,he/she will be required to register again. The Passport(Entry into India)Act,1920: Entry into India means entry by water land or air and passport means passport for the time being in force issued or renewed by the prescribed authority and satisfying the prescribed conditions relating to the class of which it belongs. CONCLUSION

The immigration law sets the procedures rules and regulation for the immigrants emigrants and for the refugees. The law provides food shelter home to the refugees for the safety and the security.