The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada regarding Post-Graduation Work Permits.  The Post-Graduate Work Permit is a phenomenal program which allows graduates of Canadian post-secondary students to work in Canada on open work permits.  It is not clear, however, whether people who complete a program, and then go into another program that they don’t complete, are eligible.  Please note that what I have reproduced below should not be viewed as legal advice.  The reproduction of question and answer has not occurred with the […]

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On September 20, 2013, Justice Edward Morgan of the Ontario Superior Court of Justice (the “ONSC“) released his decision in McAteer et al v. Attorney General of Canada, 2013 ONSC 5895 (“McAteer“).  McAteer involved a constitutional challenge to the citizenship oath requirement on the grounds that the requirement violates the constitutional protections of freedom of expression, freedom of religion, and equality that are  found in The Canadian Charter of Rights and Freedoms (the “Charter“).  Ultimately, while the ONSC determined that the citizenship oath requirement does indeed violate s. 2(b) of the Charter‘s right to freedom of expression, the […]

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The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada regarding open bridging work permits.  One of the best things that Jason Kenney did as immigration minister was to allow individuals to apply for open work permits if their permanent residence applications had reached certain stages in processing.  (A detailed blog post of mine on Bridging Open Work Permits can be found here.)  As with any new program, questions emerged regarding specific requirements of the Bridging Open Work Permit, including whether spouses can apply.  This is actually the second Q&A […]

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A sad day today. Annemarie Desloges, a 29-year old Citizenship and Immigration Canada employee, was among the at least 59 people killed in the terrorist attack which took place in Kenya over the weekend. Ms. Desloges served at Canada’s High Commission in Kenya as a liaison officer with the Canada Border Services Agency. Her husband, Robert Munk, was injured in the attack but has since been released from hospital. The Department of Foreign Affairs, Trade, and Development has issued the following press release: Foreign Affairs Minister John Baird, Citizenship and Immigration Minister […]

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The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada regarding the immigration consequences of foreign expungements for individuals who otherwise may be inadmissible to Canada.   Please note that what I have reproduced below should not be viewed as legal advice.  The adaptation of the question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada. Question – May 7, 2013 Greetings, My name is __________ and I am a Canadian Immigration Lawyer […]

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The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada regarding Education Points under the Federal Skilled Worker Program, as well as a question about On Campus Work Permits. Please note that what I have reproduced below should not be viewed as legal advice.  The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada. Question – May 06, 2013 Dear Sir / Madam, I have two questions: 1. For submissions […]

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Once a decision has been rendered in relation to an application for a humanitarian and compassionate exemption, is the ability of the decision-maker to reopen or reconsider the application on the basis of further evidence provided by an applicant limited by the doctrine of functus officio?

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As the Professional Association of Foreign Service Officers (“PAFSO”) strike enters its fifth month, the Public Service Labour Relations Board (“PSLRB”) has ruled that Citizenship and Immigration Canada (“CIC”) is bargaining with PAFSO in bad faith.  The PSLRB decision can be found here. CIC has filed a judicial review application of the PSLRB decision. There appears to be no end in sight to the PAFSO strike.  However, by now most individuals who frequently interact with CIC have likely realized that many applications are continuing to be processed, and that there are certain steps […]

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The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada regarding Arranged Employment under the Federal Skilled Worker Program for Intra-Company Transferees.  The Federal Skilled Worker Program allows certain individuals employed in Canada without a Labour Market Opinion to qualify for Arranged Employment.  As with any program, questions emerged regarding specific requirements, including whether intra-company transferees qualify for Arranged Employment without a Labour Market Opinion. Please note that what I have reproduced below should not be viewed as legal advice.  The reproduction of question and answer […]

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The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada regarding the Canadian Experience Class.  The Canadian Experience Class allows individuals with one-year skilled work experience in Canada to apply to immigrate.  As with any program, questions emerged regarding specific requirements, including whether work in Canada for a foreign employer count towards the one-year requirement. Please note that what I have reproduced below should not be viewed as legal advice.  The reproduction of question and answer has not occurred with the affiliation of the Government of […]

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