Practicing Exclusively in Canadian Immigration Law

In this episode of the Borderlines Podcast, Amandeep Hayer and Steven Meurrens break down the latest Express Entry reforms under consideration by IRCC, and what they could mean for applicants, lawyers, and Canada’s immigration system as a whole. We walk through newly released consultation materials (shared with permission from the Canadian Bar Association), including: a complete overhaul of Express Entry, including merging the Canadian Experience Class, the Federal Skilled Worker Class and the Federal Skilled Trades Class into a single program; a shift toward high-wage occupations as a key selection factor; the potential removal or reduction of points for spouses, French language ability, Canadian study, and siblings in Canada; and changes to language thresholds, work experience requirements, and ranking criteria. We also explore the broader policy implications, including whether these reforms will actually improve outcomes. As it turns out, when it comes to predicting earnings in Canada the points do matter. IRCC's powerpoint can be found here: 💬 We want to hear from you: What do you think about these proposed changes?

In recent years, bank statements have become an increasingly common, and often decisive, requirement in applications submitted to Immigration, Refugees and Citizenship Canada (“IRCC”), including visitor visas, work permits, and study permits. While proof of funds has always been part of the framework, officers are now placing greater emphasis on detailed financial documentation rather than relying solely on summary letters or declarations. For visitor visa applications, bank statements are frequently used to assess whether an applicant has the financial means to support their stay in Canada without working. Officers are also using them to evaluate broader credibility factors, such as whether an applicant’s financial profile aligns with their stated travel plans. A sudden influx of funds or inconsistencies between income and savings can raise concerns about the genuineness of the application. In the work permit context, particularly for owner-operator or entrepreneurial applications, bank statements are increasingly used to assess whether a business is viable and whether the applicant can realistically sustain operations and meet payroll obligations. Even in employer-specific work permits, financial documentation may be requested to confirm that wages can be paid and that the underlying job offer is credible. For study permits, bank statements now play a central ...

Section 34 of the Immigration and Refugee Protection Act states:  34 (1) A permanent resident or a foreign national is inadmissible on security grounds for (a) engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests; (b) engaging in or instigating the subversion by force of any government; (b.1) engaging in an act of subversion against a democratic government, institution or process as they are understood in Canada; (c) engaging in terrorism; (d) being a danger to the security of Canada; (e) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or (f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b), (b.1) or (c). The Test for Subversion Canadian immigration legislation does not define subversion. Several Federal Court of Canada decisions have found that it does not require violence, including Oremade v Canada (Minister of Citizenship and Immigration), 2005 FC 1077, where Justice Phelan stated: I agree with the IAD's conclusion that the term “by force” is not simply the equivalent of “by violence”. “By force” includes coercion or compulsion by violent means, coercion or compulsion ...