Last month, the Canadian Immigration Lawyers Association (CILA) proposed reforms to the Immigration and Refugee Protection Act (IRPA) to address outdated policies since its inception in 2001. Here are the key recommendations:
Inadmissibility
- Medical Inadmissibility: Repeal rules that deny entry based on health conditions posing public health/safety risks or excessive demand on services.
- Financial Inadmissibility: Allow consideration of external financial support to determine applicants' financial sufficiency.
- Misrepresentation: Reduce penalties for misrepresentation (e.g., a one-year ban instead of five) and introduce a discretionary waiver for re-entry.
Family-Class Immigration
- Exclusion Repeal: Remove the permanent ban on family-class membership for previously non-accompanying family members of sponsors.
- Sponsorship by Permanent Residents: Allow permanent residents to sponsor family members while residing outside Canada.
- Expanded Eligibility: Change relationship criteria from “or” to “and” to increase eligibility; restore fiancé relationships to the family class.
Study Permits for Minors
Policy Simplification: Replace “minor child” with “dependent child” or “child under the age of nineteen” to prevent education interruptions for students turning 18 during the school year.
The proposed changes aim to modernize IRPA, reflecting the current needs and circumstances of immigration applicants.
If IRCC considers implementing CILA’s recommendations, the changes to IRPA legislation will undergo a thorough, multi-step approval process. As a result, it may take several years for any of CILA’s suggested reforms to come into effect.
