On February 26th, 2011, Christy Clark won a hotly contested contest for the leadership of the B.C. Liberal Party. This means that she will become Premier within the next couple weeks. One of her priorities is to put “families first”. Few specifics have really yet been offered regarding what policies this involves. One way that Christy Clark can improve the circumstances of thousands of British Columbian families is to introduce a “Family Stream” into the British Columbia Provincial Nominee Program (“BC PNP”).Read more ›
I generally support much of what the current Minister of Citizenship and Immigration is doing. I think he is bringing in much needed reforms to many areas of the law. However, there is one thing that Minister Kenney is doing that I just don’t understand, and that is the near vilification of immigration consultants.Read more ›
Refugee practitioners colloquially refer to their clients as being either s. 96 or s. 97 Immigration and Refugee Protection Act (“IRPA”) refugees. Section 96 of IRPA provides that a person who is recognized by the Geneva Convention as being a convention refugee shall be conferred refugee protection. Section 97, meanwhile, provides that a person who is in need of protection shall also be afforded refugee protection in Canada.Read more ›
Section 10 of the ESA provides that a person must not request, charge or receive, directly or indirectly, from a person seeking employment a payment for employing or obtaining employment for the person seeking employment, or providing information about employers seeking employees. Immigration practitioners, who are frequently asked to assist people in finding jobs, must ensure that they do not contravene s. 10 of the ESA.Read more ›
People issued removal orders often want to know how long they can stay in Canada before they have to leave, and if there is a chance to defer removal.Read more ›
Discussing issues that arise under the calculation of points under the Federal Skilled Workers ProgramRead more ›
Failed refugee claimants, and some other types of inadmissible people within Canada, often submit both Pre-Removal Risk Assessment (PRRA) applications, as well as Humanitarian & Compassionate (H&C) ones.Read more ›
People in possession of permanent resident visas who have not yet become permanent residents must inform Citizenship and Immigration Canada (“CIC”) if they have either become married, entered into a common-law relationship, gotten divorced, or ended a common-law relationship. They must also advise CIC if a material fact relevant to the issuance of the visa has changed since the visa was issued.
Although I always tell the above to clients, I often get the sense that it is treated like a throwaway statement. The recent Federal Court decision of Mai v. Canada (Public Safety and Emergency Preparedness), 2011 FC 101, however, is a reminder of just how important updating CIC is.
Mr. Mai (“M”) was born in Vietnam in 1982. He father, a Canadian, sponsored him to immigrate to Canada in 2003. At the time, M was single. He obtained his visa and arrived in Canada in 2005.
In the summer of 2004, however, he married his pregnant girlfriend. Their child was born that fall. M did not report either his marriage or the birth of his child to CIC during the processing of his application, nor upon the receipt of his permanent resident visa, nor upon his arrival to Canada.
In 2006, M applied to sponsor his wife and child. In his application to sponsor them, he declared that he and his wife were married in 2004, and that their son was born that same year.
Not only did M’s sponsorship application fail, but the Canada Border Services Agency (“CBSA”) also initiated proceedings to have M removed from Canada for misrepresentation.
As I have noted in this blog several times, misrepresentation can apply to render permanent residents as well as foreign nationals inadmissible to Canada.Read more ›
People applying for a Canadian permanent resident visa are regarded to undergo medical examinations. Many people with certain conditions are understandably apprehensive about how these examinations will impact their ability to immigrate. In this post, I hope to provide an overview about the issue of “excessive demand on health or social services,” which is probably the medical evaluation component that causes the most misconceptions.Read more ›
Have you submitted an immigration application, gotten a negative response, and cannot figure out why?Read more ›