On March 15, 2015, Maynard Kischer Stojicevic partners Gordon Maynard and Rudolf Kischer once again joined host Stirling Faux on CISL 650 Radio’s The Law Show. This time, the Vancouver immigration lawyers tackled Canadian immigration and citizenship issues of inadmissibility, including illegal residents, and residency requirements.
“When you’re coming to Canada, it’s a two-part process,” explains Rudi. “First, are you eligible to come to Canada? Second, are you admissible to Canada? Is there an overriding reason, despite you being eligible because you have a job offer or a family member here, why we should keep you out?”
There are nine categories the government looks at when determining whether a person is admissible to Canada.
“The major ones that they look at are criminality — do you have a criminal background? Or do you have a health issue that’s going to cost the government a lot of money? Or, are you associated with some very bad people and are therefore a security risk?” Rudi explains.
If a person is already in Canada and breaks a rule under their temporary permit, they may be considered inadmissible for a continued stay. Sometimes, these people stay in Canada illegally, but the number is lower than what some people might think, and is much less than our neighbours to the south.
“In Canada, the largest number that I’ve ever heard of people that should be removed, that are illegal immigrants still remaining in Canada, is about one hundred thousand,” says Rudi. “The United States…they have ten million. They have one third of Canada living in the United States illegally.”
As mentioned above, a person’s health can affect admissibility to Canada.
“You’re not allowed to come into Canada if you have a medical condition that will cause an excessive expense to the Canadian government on either health services or social services,” explains Rudi.
However, there are ways to appeal the government’s decision, and exceptions may be granted in some situations.
For who have gained permanent residency in Canada, there are still rules that must be followed in order to maintain that status. Whereas the old rules sought to penalize those who were thought to have an intention of abandoning Canada, the new are more specific.
“When they rewrote the law, they put in a residency obligation. And it’s days. You count the days your feet are in Canada,” says Gordon. “Seven-hundred-and-thirty days out of each five year period.”
Have a question about immigration or citizenship for yourself or a loved one? Contact MKS Immigration and Citizenship Law today.
The Law Show with Stirling Faux airs every Sunday at 11:00 am on CISL 650.
To listen to the complete audio interview, click the play button below
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