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The Corporate Relocation Quarterly is a is a quarterly review of current developments in Canadian and American immigration law relating to the international relocation of human resources. It is a publication of the lawyers and attorneys at the Toronto law firm of Mamann & Associates. The articles contained herein are intended for lawyers, immigration professionals, human resources personnel and other consumers of professional immigration services.
By Guidy Mamann
On June 28, 2002 Canada’s new immigration legislation, the Immigration and Refugee Protection Act (IRPA) came into effect. This legislation included a new "residency obligation" which requires permanent residents to be physically present in Canada for 730 days (i.e. two years) in every five-year period.
On June 7, 2006 CIC issued interim instructions to CIC officers who examine humanitarian & compassionate (H&C) applications for permanent residence. The purpose is to ensure H&C policy guidelines are consistent with the wording of the H&C provisions in IRPA, which require the Minister to examine requests for exemptions from inadmissible foreign nationals.
IRPA contains provisions which suspend a refugee hearing once extradition begins in section 105, and which bar a PRRA from being initiated after extradition has started in section 112(2). However, IRPA has no provision suspending the consideration of a PRRA if it has been initiated prior to an extradition proceeding.
The Corporate Relocation Quarterly is a monthly review of current developments in Canadian and American immigration law related to the international relocation of human resources.
By Guidy Mamann
The lack of an income should not prevent a Canadian citizen or permanent resident from sponsoring their foreign spouse, common law partner, or conjugal partner.