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 THE IMMIGRATION DEPARTMENT

 

? General

 

  The Immigration Department is responsible for dealing with immigration issues under Canadian law, both inside and outside Canada.  The department is often referred to as "Citizenship and Immigration Canada," or "CIC." The head of the department is a cabinet minister, the Minister of Immigration, who is currently Denis Coderre, though this will likely change as Canada is set to change Prime Ministers soon, and the new Prime Minister (Paul Martin) is likely to completely reshuffle the cabinet. Cabinet ministers in Canada are always members of Parliament, and not designated "professionals" as in the U.S. President's cabinet. The headquarters of the immigration bureaucracy are in Ottawa, Ontario (and the adjacent Hull, Qu?ec), and are generally referred to as "NHQ," for National Headquarters.

 

 ? Basic Terminology and Procedure

 

  Understanding the terminology in a system often means understanding the system itself. In Canada, essentially anyone seeking any kind of immigration decision (be it regarding a visa, permanent residence, extension, or some other benefit) is required to file an application and undergo an examination. For example, if an alien seeks a visa, he or she must file an application; an examination will then be conducted in order to render a decision on the application. If the alien seeks a temporary resident permit (similar to a waiver), again, an application is required, and an examination is then conducted to decide whether it will be granted. This overall format is now generally consistent, no matter what kind of application is in question.

 

  Some of the more common types of applications (with the new terminology) under the system include applications for permanent residence; temporary residence (essentially visitor's visas); work permits; study permits (formerly student visas); temporary resident permits (formerly minister's permits); extensions (the renewal of any temporary status or document); humanitarian reviews (also referred to as "H&Cs," for humanitarian and compassionate applications; this type of application can be made to request an exemption from any of the ordinary requirements of other forms of applications (generally in a permanent residence scenario); refugee claims; pre-removal risk assessments (PRRAs) (under IRPA, many persons facing removal are entitled to this one last opportunity to persuade an immigration officer of the danger they may face abroad); and confirmation (akin to labor certification in the U.S. This application is made to Human Resources Development Canada (HRDC) and, if approved, is used as part of a work permit application made either at a visa post or a port of entry in some cases).

 

  Under the new law, a permanent resident must be physically present in Canada for two out of every five years in order to maintain status. Despite the hype, Canada's new permanent residence card is not proof of status; it is an identity document to allow the foreign national to board commercial carriers. There are a number of bases for permanent residence applications; e.g., business (which in turn have some subsets), skilled worker, and family class categories.

 

 ? Other Important Terms

 

  Some additional terms with which anyone dealing with Canada's immigration law system should be familiar are set forth below in alphabetical order. Some of these terms are similar to those with which U.S. practitioners are familiar, but others contain important variations. Countless other terms, beyond the scope of this article, are also used in the context of the Canadian immigration system.

 

  The Canada-Chile Free Trade Agreement (CCFTA), an agreement between Canada and Chile that is similar

   

 

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