Peter Scarrow, a former lawyer at Larlee Rosenberg and now the General Manager, TMF Group – Hong Kong, recently published an article in The Advocate. Peter has kindly given me permission to re-publish his article on my blog. In brief, the article summarizes the unique issues that high net worth mainland Chinese nationals face when immigrating to Canada.  It contains blunt information that you won’t find in many other publications, and is well worth the read.

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On January 1, 2013, the Canadian work experience requirement of the Canadian Experience Class (“CEC“) is being reduced from 24 months to 12.  Applicants who have 12 months work experience in the 36 months preceding an application will now be eligible to apply to the program. Only applicants with National Occupational Classification 0, A or B work experience will continue to qualify for the CEC. As well, a minimum language threshold will be required in each of the four abilities for applicants to the CEC. As with the new Federal Skilled […]

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New Skilled Trades Class On August 17, 2012, Citizenship and Immigration Canada (“CIC”) announced that it would be introducing the Federal Skilled Trades Class (“FSTC”), a new program which will facilitate the immigration of certain skilled tradespersons in Canada. The program is expected to be introduced on January 1, 2013. The FSTC will be open to individuals with experience in the following National Occupation Classification (“NOC“) B occupational areas: Industrial, Electrical and Construction Trades; Maintenance and Equipment Operation Trades; Supervisors and Technical Occupations in Natural Resources, Agriculture and Related Production; Processing, […]

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Yesterday, Citizenship and Immigration Canada (“CIC“) began retroactively closing existing Pre-Removal Risk Assessment (“PRRA“) applications for which Bill C-31’s 12-month bar applies. Bill C-31 amended the Immigration and Refugee Protection Act’s (“IRPA“) provisions regarding who was ineligible to apply for a PRRA.  IRPA now provides that: 112(2) .. a person may not apply for [a PRRA] if (b.1) subject to subsection (2.1), less than 12 months have passed since their claim for refugee protection was last rejected — unless it was deemed to be rejected under subsection 109(3) or was rejected on the basis of section E or […]

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Almost two years ago I did a post on whether a disabled adult who is dependent on his parents can be considered a child for the “best interest of the child” analysis in H&C applications.  At the time, I wrote that: [Saporsantos Leobrera v. Canada (Citizenship and Immigration), 2010 FC 587] holds that an adult with a disability remains an adult with a disability, and ought not to be deemed a “child” for the purposes of the Convention on the Rights of the Child, or section 25 of the Immigration and Refugee Protection Act. […]

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The Ontario Labour Relations Board (the “OLRB“) has just released a fascinating decision which involves the interplay between immigration and employment law.  The case involved a German foreign national who entered into an employment agreement with Essar Steel Algoma (the “Employer“) prior to Citizenship and Immigration Canada (“CIC“) issuing him a work permit to work for the company.  Things did not work out between the Employer and the foreign national, and the Employer terminated the relationship.  The United Steelworks of America (the “Union“) filed a grievance, and the issue of when […]

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The Government of Canada has announced regulatory changes regarding reporting requirements for designated foreign nationals. According to the Regulations, designated foreign nationals must report: in person, not more than 30 days after refugee protection is conferred on the designated foreign national; once a year in each year after the day on which the foreign national first reports to an officer above, on a date fixed by the officer; in person if requested to do so by the officer because of a prescribed concern; any change in (i) their address, not more than […]

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Bill C-31, also known as the Protecting Canada’s Immigration System Act introduced strict timelines to Canada’s refugee determination process.  The Canadian government has now introduced the Regulations which provide specifics as to the new timelines. Time limits for scheduling the first-level hearing, for filing and perfecting an appeal and for making a decision on an appeal will be as follows: The Basis of Claim document shall be submitted not later than 15 days after the referral of the claim to the Immigration and Refugee Board, if the claim is made at […]

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Tom Godfrey of the Toronto Sun recently published an articled titled “Married by video chat? Come to Canada!”  The article has generated alot of attention.  However, people who are criticizing Citizenship and Immigration Canada recognizing telephone (and video) marriage are missing the crucial point that it is not how someone gets married that matters, but rather the marriage is genuine. The first half of the article states (the entire article can be read here): Marriages conducted by telephone or webcam that unite Muslim women in Canada with husbands abroad make up a significant number […]

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