Definitions
A -
H
Applicant:
The
person applying for permanent residence status
in Canada.
Business
Class Application: People experienced in business
who can invest in, or start, businesses in Canada.
CIC:
Citizenship and Immigration Canada, the federal
ministry charged with conducting, implementing,
and overseeing the immigration policies of Canada.
Common-law
Partners: Two people of the same or opposite
sex who are in a committed and interdependent
relationship who have been living together (cohabited)
for at least one year. They may have lived together
in any country.
Immigration
regulations state that two people who have been
in a conjugal relationship for at least one year,
but who have been unable to cohabit due to persecution
or legal restrictions may be considered common-law
partners.
Conjugal
Partners: Two people in a genuine committed
and interdependent relationship of some permanence.
The partners must have been in the relationship
for at least one year. They must have met and
spent some time together.
Family
Class: An immigration class that is used to
reunite families. Same-sex relationships have
been recognized in the Family Class since June
28, 2002.
Humanitarian
and Compassionate (H&C): Humanitarian and
compassionate grounds allow for processing of
applications from people who do not meet the regular
immigration requirements, but still have compelling
H&C reasons for immigrating to Canada. This was
the process used by same-sex partners who came
to Canada before the law changed on June 28, 2002.
This is no longer the process used by same-sex
partners. Same-sex partners are now considered
as part of the Family Class.
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J
- P
Judicial
Review: A review of immigration decisions
by the Federal Court. If your application has
been denied, contact a lawyer to discuss options
for judicial review or appeal of your application.
You have a very limited time in which to do this.
LGBT:
Lesbian, gay, bisexual and transgender people.
Medical
Exam: All immigration applicants must be examined
by a medical practitioner approved by CIC. The
list of approved medical practitioners (doctors)
and the forms to take to the doctor are in your
application kit or you can download them from
the CIC web site.
Medical
Waiver: All applicants to immigrate must have
a medical examination. Applicants who have a medical
condition that will require expensive medical
or social services will usually be refused. Spouses,
common-law, conjugal partners and dependent children
are not refused for this reason. They are
not required to meet the same health requirements
as other applicants. This exemption is called
the medical waiver.
Permanent Resident (formerly known as a Landed
Immigrant): A person who successfully immigrates
to Canada. This person receives permanent resident
status (previously known as landed immigrant status)
when they arrive in Canada, usually at a Port
of Entry. A permanent resident has many of the
same rights and responsibilities as a citizen.
As a permanent resident, you can work, live and
travel anywhere in Canada, and anywhere Canadians
can travel in the world. Permanent residency is
the first step towards applying for citizenship.
There
are some limitations to permanent resident status.
As a permanent resident you do not have the right
to vote. You can lose your permanent resident
status if you are outside of Canada for an extended
period. A Permanent Resident must physically be
present in Canada for 2 years in every 5 year
period. Permanent residents convicted of criminal
convictions may also lose their status.
Point
System: The point system does not apply to
same-sex partners or family members entering under
the Family Class. People applying to immigrate
using the Skilled Worker Class are evaluated on
a number of factors like education, experience,
age, and language. Applicants are assigned points
for each factor. Applicants applying under this
class must meet a minimum number of points to
be considered for immigration.
Port
of Entry: The place at which a person enters
Canada. This can be an airport or a border crossing.
Police
Certificates/Security Clearances: For security
reasons, applicants and their dependent children
aged 18 and over must have background checks.
Usually, a police certificate is required from
every country applicants have lived in for more
than six months since age 18. Specific information
on how to get police certificates is available
at the CIC web site.
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R -
S
Right
of Appeal: If an outside Canada Family
Class application is denied there is a right of
appeal. This means you can ask for a decision
to be reviewed by the Appeal Division of the Immigration
and Refugee Board. If your application is denied
contact a lawyer immediately.
There
is no right of appeal for In Canada Class
applications. If an In Canada application is denied,
applicants may file for leave to go to Federal
Court for a Judicial Review only. If you are in
this situation contact a lawyer immediately.
Skilled
Workers (Formerly Independent Applicants):
These are applicants who feel they have the education
and work experience required to earn enough points
to pass the point system assessment.
Spouses:
A spouse is someone who is married to you. The
marriage must be legally recognized both under
federal law in Canada and in the country where
it took place.
The
status of same-sex marriage is currently under
consideration in Canadian courts and Parliament.
Sponsor:
The Canadian citizen or permanent resident who
applies to sponsor their overseas partner's application
for permanent resident status. This is a legal
agreement. The sponsor agrees to be financially
responsible for their partner's living expenses
for three years. Some conditions apply. The sponsor
cannot:
- be
receiving welfare (unless these are disability
benefits)
- have
an undischarged bankruptcy
- have
failed to support a previously sponsored family
member
- have
sponsored a spouse in the previous three years
- have
failed to make a court ordered support payment
to a spouse or dependent children
There
is no minimum income requirement to sponsor a
spouse, partner or dependent child. However, there
are minimum income requirements to sponsor other
family members.
Statutory
Declaration: A Statutory Declaration or Affidavit
is a legal document stating facts. The person
making it swears that the information in the declaration
is true. A "Commissioner of Oaths,"
(a lawyer or a notary public) signs the document.
There is usually a fee for this service.
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T
- V
Temporary
Resident Permit (formerly called a Minister's
Permit): This permit allows a person who does
not meet immigration requirements, either as a
temporary resident or an immigrant to enter or
remain in Canada. This permit is rarely granted.
Temporary
Resident Status: All people authorized to
enter Canada who are not Canadian citizens or
Permanent Residents are authorized to enter Canada
as temporary residents. They are given temporary
resident status for a limited period of time.
Temporary Resident Status includes visitors, students
with study permits, and temporary workers
with work permits. If there is no stamp
or date entered in your passport at time of entry,
your status expires six months from the day you
arrived in Canada.
Temporary
Resident Visa: Formerly called a Visitor's
Visa, a Temporary Resident Visa is a document
issued outside Canada. This allows a person
to travel to Canada.
Undertaking:
A Canadian sponsor must sign an undertaking. The
undertaking is a promise to provide financial
support for your partner's basic requirements
and those of their dependent children. Basic requirements
include food, clothing, shelter and other everyday
needs. The undertaking ensures the new Permanent
Residents do not require social assistance. Your
obligations as a sponsor begin as soon as you
sign the undertaking, and last for three years
from the date the applicant becomes a permanent
resident. Your sponsorship obligations continue
for three years even if the relationship
ends.
Visa
Office or Regional Processing Centre (RPC):
A Canadian consulate, embassy or high commission
outside of Canada that processes immigration applications.
Not all consulates or embassies process immigration
applications. Different regions have different
procedures. If you plan to immigrate to Canada,
be certain to first check the CIC web site or
call CIC for the location of the processing centre
for your region of the world.
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