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Canada & United States Immigration LawyersCanada & United States Immigration Lawyers

Canada's new immigration law comes into force June 28, 2002

Canada has a completely new immigration law as of June 28. The existing immigration law and regulations has been replaced completely by the new law. Many important features of the new law are contained in regulations, not in the law itself. The final regulations were issued June 11.

The long-awaited selection criteria for independent workers have at last been finalized. A pass mark of 75 will be needed. Points will be awarded for education, knowledge of English and French, experience in a skilled occupation, an approved job offer, age, and adaptability.

The Family Class has been changed to allow sponsorship of same-sex and common-law partners, as well as children under the age of 22 (instead of 19, as now). Fiances, however, have been eliminated from the Family Class.

The new law imposes a new physical presence requirement on permanent residents. Permanent residents must be present in Canada for a total of two years out of every five. This new law will be applied retroactively. There are exceptions for persons working for a Canadian business and their family members. There are also exceptions for people who have existing Returning Resident Permits. No new RRPs will be issued under the new law.

New landed immigrants will be issued a plastic "Maple Leaf" card and will not be able to return to Canada without the card. Existing permanent residents can still return to Canada using their landing papers until December 31, 2003. After that date, they must also have the new card to travel.

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