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Canada - A lot of people are facing potential deportation under upcoming changes to Driving Under The Influence penalties

29/11/2018

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Sergio Karas was interviewed by CBC News on 22nd November in connection with changes to the Impaired Driving rules. This story also ran on CBC National Radio program “The World at Six” country-wide.

Article
On Dec. 18, amendments to the Criminal Code come into effect that will increase the maximum sentence for driving under the influence of drugs or alcohol to 10 years from five.

The changes are part of Bill C-46, which was intended to update impaired driving rules in light of legalized recreational cannabis use.
But the increased penalties also mean convictions for impaired driving will fall under the category of "serious criminality" for immigration determination purposes.
That change, in turn, triggers a section of Canada's Immigration and Refugee Protection Act dealing with admissibility to Canada.
It says a permanent resident convicted for a serious crime — an offence punishable by a maximum sentence of at least 10 years — or who receives a sentence of more than six months imprisonment will be sent to a deportation hearing. 
Under the immigration act, people convicted of those "serious" crimes also lose the ability to appeal any deportation order through the Immigration Appeal Division, although they can still ask to stay on humanitarian or compassionate grounds.
The stiffer penalties also mean temporary residents who are convicted of impaired driving after Dec. 18 — including international students and foreign workers — may not be able to stay in Canada.
Refugee claimants who are already in Canada and are convicted may be ineligible to have their claim referred to a refugee board hearing under the new rules
 
Interview
Sergio Karas states that he is sure that there are going to be a lot of people facing potential deportation due to DUIs in Canada. He hopes judges will take an offender's immigration status into account — while still imposing sentences fit for the crime. But he knows that courts of appeal could overturn those sentences, and possibly even increase them. Karas has two pieces of advice for permanent residents:-
"As soon as you're ready to become a citizen because you've fulfilled the requirements of the citizenship legislation and you have put in the time in Canada, please apply for citizenship, because that will save you a lot of problems, 
No. 2 would be for permanent residents to be very much aware that they're not citizens of this country and any type of criminal offence may trigger deportation proceedings."

To read the full interview and article click here


Sergio Karas  can be contacted at karas@karas.ca 

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Brazil - Immigrant May Obtain Residence Permit As A Result Of The Purchase Of Real Estate In Brazil

29/11/2018

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Neil Montgomery, Managing Partner of Montgomery and Associates, issued the following alert on 28th November 2018:-

On 22nd November 2018, the National Immigration Council, an agency linked to the Ministry of Labour, published Normative Resolution No. 36 regulating the issuance of a residence permit as a result of the purchase of real estate in Brazil.
Such residence permit will be granted to immigrants of any nationality who acquire real estate in Brazil, located in urban areas, built or under construction, with the use of such immigrant's own resources.
This norm requires that the funds used to purchase the property(ies) be transferred from abroad, and that the sum of the purchase amounts of all properties acquired be equal to or greater than BRL 1,000,000.00 ( one million reais ) if located in the South, Southeast and Midwest regions, or BRL 700,000.00 ( seven hundred thousand reais ) for real estate located in the North and Northeast regions.
The investment may be in more than one property, provided that the total investment in all properties meets the required threshold. Co-ownership will also be admitted provided that the minimum amount of investment per immigrant has been observed.
Moreover, such residence permit will be granted for 2 years initially, and if the immigrant continues to own the property(ies) at the end of the two-year period, it can be renewed for an indefinite period of time.

This is a great breakthrough for the national immigration policy, thereby contributing to the development of new business in Brazil.

To read this alert in Portuguese click here

Neil Montgomery can be contacted at
neil.montgomery @montgomery.adv.br / +55 11 4096-4008 / +55 11 98689-3121 (cel)
 

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  • Home
  • Our Lawyers
    • Far East >
      • Australia: Anne O'Donoghue
      • China: Jian Zhang
      • Japan: Yoshio Shimoda
      • Philippines: Melvae Valdez
      • Taiwan: Nicholas Chen
    • North America >
      • Canada: Sergio Karas
      • USA: Greg Siskind
    • Central and South America >
      • Brazil: Neil Montgomery
      • Mexico: Enrique Arellano
    • Europe >
      • Austria: Elmar Drabek
      • Belgium: Henry Hachez
      • Denmark: Tommy Angermair
      • France: Karl Waheed
      • Germany: Dr. Gunther Mävers
      • Italy: Corrado Scivoletto
      • Latvia: Dmitri Nikolaenko
      • Netherlands: Marcel Reurs
      • Spain: Ana Garicano Sole
      • Switzerland: Caterina Nageli
      • UK: Graeme Kirk
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