Your gateway to Canada

Immigration Newsweek

By Atty. Henry Moyal

Immigration laws are always changing and it is important to be knowledgeable of new laws and forms published by Canada Immigration or applicants face the risk of having their application returned or refused. The following three important laws are crucial:

1)      As of January 1, 2019, the country of the Philippines has been added to the list of required countries requiring biometrics for applicants. Filipino applicants to Canada who are between 14 and 79 years old need to give fingerprints and photo for all permanent resident applications. Applicants have to give biometrics and pay the fee, even if you gave your biometrics in the past to support a visitor visa, study or work permit application, or a different permanent resident application.

2)      The parent sponsorship program did not open on January 2, 2019 as anticipated and was a stark contrast from previous years. Canada Immigration announced on January 1, 2019 via Twitter:

“ We understand that there is much excitement about the re-opening of the Parents and Grandparents Program. Please be advised that the program will be opening in late January 2019 and not on January 2 but rest assured we will be giving advance notice before it opens”

• 3) On January 1, 2019, the impaired driving penalties took effect. Most impaired driving offences will now be considered serious crimes in Canada. The maximum penalty for most impaired driving offences will increase from 5 to 10 years. Most cannabis-related crimes will have a maximum penalty of 14 years. The impact of these new penalties on permanent and temporary residents could be significant

If you commit an impaired driving or a cannabis-related crime, you could face a fine, criminal charges or jail. However, Canada Immigration may also find you inadmissible to Canada for serious criminality. It doesn’t matter if the crime happened inside or outside Canada. This means:

• permanent residents may lose their status and have to leave the country
• temporary residents (including visitors, international students and foreign workers) may not be able to enter or stay in Canada
• refugee claimants may not be eligible to have their claim referred for a refugee hearing

Appeal rights for permanent residents and foreign nationals, including sponsored members of the family class, could also be affected.

If you have been charged with the above crimes and you are not a Canadian Citizens it is important to obtain proper legal help that may affect current and future immigration applications.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193