加拿大新移民法如何修改

您想知道加拿大新移民法是如何修改的吗？ 您想拥有一张赴加拿大发展的通行证吗？ 您想要体会加国生活的乐趣吗？

　　加拿大瑞潮集团北京总部12月22日晚7：00，召开《加拿大发展动态研讨会》，同时邀加拿大前政府保守党国会议员，资深移民法大律师大卫·托马斯做了精辟分析。

以下是大卫·托马斯大律师在研讨会上所做的发言原稿。

SUMMARIZE OF CANADA\'S NEW IMMIGRATION & REFUGEE PROTECTION ACT

Earlier this year, Canada\'s Minister of Citizenship & Immigration released the draft text of the new IMMIGRATION AND REFUGEE PROTECTION ACT. The draft text is referred to as \"Bill C-31\". This new legislation is designed to replace the existing Immigration Act, which after some 24 years, has a framework that is quite out-of-date.

The new Immigration and Refugee Protection Act has not yet been proclaimed into law. It must go through a process of consultation and parliamentary debate which will take many months. In addition, there have already been significant objections to some of the provisions by the Canadian Bar Association and other groups. As such, there may be significant changes to the draft text in Bill C-31 before the new act is proclaimed and comes into effect.

Notwithstanding there may be changes forthcoming, Bill C-31 represents a significant new direction in Canadian immigration law and policy. Therefore, it is not too early to start studying the proposed changes and the implications they have for our clients. This paper will set out a summary of the significant changes that will affect economic migrants to Canada.

PHYSICAL PRESENCE IN CANADA REQUIREMENT FOR PERMANENT RESIDENTS

Under current immigration law, permanent residents are subject to the \"183-day rule\" regarding absence from Canada. Presently, if an immigrant remains outside of Canada for more than 183 days in any 12 month period, upon returning to Canada they have the onus to establish they did not remain outside of Canada with the intention to abandon Canada as their place of permanent residence. The issue has always been one of \"intention\" and the permanent resident\'s ability to provide evidence as to that intention. Further, a permanent resident was also able to apply for a \"Returning Resident Permit\" if there were acceptable reasons for the long absence from Canada. Under our present system, Canadian permanent resident status is not lost automatically and does not lapse if one remains outside of Canada for an extended period of time.

Bill C-31 contemplates a radically different approach. The new immigration law will require that permanent residents are physically present in Canada for 720 days in a given 5 year period. If the test is not met, the permanent resident loses their status. In other words, for new permanent residents, they will be required to spend at least two years being physically present in Canada in the first five years. Permanent residents will be issued a \"PR Card\" or such document which proves their permanent residence status is still valid and intact. They will need this PR Card in order to board an aircraft abroad destined for Canada. The PR Card will be valid for 5 years. In order for it to be renewed, the permanent resident will have to prove that they have been physically present in Canada for two of the previous five years.