Revisions Request on the IRPA by Canadian Immigration Lawyers Association

Revisions Request on the IRPA by Canadian Immigration Lawyers Association

The IRPA is a piece of legislation first introduced in 2001 that the Canadian government uses to set out rules and regulations regarding Canadian immigration and the “granting of refugee protection to displaced, persecuted or at-risk persons.”

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Recently the Canadian Immigration Lawyers Association, CILA has recommended several notable changes to the IRPA Act related to inadmissibility: These changes would significantly change the Canadian government’s approach to inadmissibility.

Medical inadmissibility

CILA wants to repeal the IRPA Act, which bans foreign nationals from entering Canada whose medical conditions are deemed likely to pose a threat to public health or safety, or to place excessive demands on health or social services.

Financial inadmissibility

The proposed amendments to the CILA suggest that the IRPA should consider the applicant’s “family or organization” to expand financial assistance.

Misrepresentations

Furthermore, CILA’s proposed changes to the IRPA’s consequences for misrepresentation would reduce the severity of consequences for individuals found guilty (e.g. a one-year suspension instead of a five-year ban, the size of the penalties for misrepresentation) and increase the ways people can get past a guilty verdict.

Exclusion from the family class

For example, CILA is calling for the repeal of an existing IRPA policy that permanently bars a foreign national from belonging to the Canadian immigration family class if he (the foreign national) was previously a member of the non-accompanying (therefore not examined) family of their current Canadian permanent resident sponsor.

Sponsorship by permanent residents

Additionally, CILA recommends that permanent residents* be permitted under IRPA to sponsor a foreign national, whether or not they reside in Canada at the time they apply to become a sponsor. This will expand the pool of Canadian residents eligible to sponsor a family member.

Expanding eligibility for family class immigration

CILA is recommending that IRPA change the policy language to revise the definition of a family relationship. While IRPA currently states that a foreign national is not the spouse, civil partner, or conjugal partner of another person unless the relationship in question is bona fide or the relationship was established primarily for the purpose of obtaining status or benefits under IRPA, CILA would like this language to replace the “and” instead of “or” (between the two conditions “if”).

Study permits for minor children

CILA is proposing a policy amendment to simplify the issue of which minor children must obtain permission to study in Canada. Current IRPA legislation on this policy uses the term “minor child,” but CILA would like to see this language changed to either “dependent children” or “children under the age of 19.”

Conclusion

Though the mentioned CILAÈs recommendations can assist more foreign nationals to get chance of immigration to Canada, however, it usually takes a long time for the IRCC to consider those suggestions and put them in effect.

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