The Caring for Children Class, and the Caring for People with High Medical Needs Class

28th Nov 2014 Comments Off on The Caring for Children Class, and the Caring for People with High Medical Needs Class

Last updated on February 4th, 2019

Last Updated on February 4, 2019 by Steven Meurrens

[UPDATE FEBRUARY 5, 2018]

The Government of Canada has very quietly announced that it is closing the Caregiver programs described below on November 29, 2019.  Applicants who did not start working as caregivers prior to that date will be unable to apply under these programs.

[ORIGINAL POST]

On November 28, 2014, the Government of Canada issued Ministerial Instructions completely overhauling Canada’s caregiver immigration programs.

The changes consist of:

  • Suspending the in-take of applications under the existing Live-in Caregiver Program;
  • Establishing the Caring for Children Class; and
  • Establishing the Caring for People with High Medical Needs Class.

The above changes all take effect on November 30, 2014.

 » Read more about: The Caring for Children Class, and the Caring for People with High Medical Needs Class  »

Read more ›

Introducing a Residency Requirement for Social Transfers

25th Nov 2014 Comments Off on Introducing a Residency Requirement for Social Transfers

Last Updated on November 25, 2014 by Steven Meurrens

The Federal-Provincial Fiscal Arrangements Act (the “FPFAA“) establishes the Canada Social Transfer, a federal block transfer to provinces and territories to support post-secondary education, social assistance, social services, early childhood development, and early learning.   In 2014-15 the total Canada Social Transfer transferred to all provinces and territories will be almost $12.6 billion.

The FPFAA stipulates that one of the objectives of the Canada Social Transfer is to maintain a national standard in which no period of minimum residency is required or allowed for an individual to receive social assistance, and the current version of s. 25.1 of the FPFAA achieves this by stipulating that:

Criteria for eligibility — Canada Social Transfer

25.1 In order that a province may qualify for a full cash contribution under [the Canada Social Transfer] for a fiscal year, the laws of the province must not

(a) require or allow a period of residence in the province or Canada to be set as a condition of eligibility for social assistance or for the receipt or continued receipt of social assistance; or

(b) make or allow the amount, form or manner of social assistance to be contingent on a period of such residence.

In other words, provinces and territories cannot currently impose a minimum period of residence on the receipt of social assistance without a reduction in their Canada Social Transfer payments.

One of the measures in the Conservative Government of Canada’s second Omnibus Bill titled “A Second Act to Implement Certain Provisions of the Budget Tabled in Parliament on February 11, 2014 and other measures” (the “Budget Implementation Act“) would modify this national standard to clarify that provinces only cannot impose residency requirements on the following people:

  1. Canadian citizens;

 » Read more about: Introducing a Residency Requirement for Social Transfers  »

Read more ›

Environmental Overview – Colombo

24th Nov 2014 Comments Off on Environmental Overview – Colombo

Last Updated on November 24, 2014 by Steven Meurrens

The following is a summary of the Environmental Overview of the immigration functions at the Canadian High Commission in Colombo, Sri Lanka (the “Environmental Overview”).  The Environmental Overview was prepared as part of the Citizenship and Immigration Canada 2014-2015 planning exercise, and is current as of January 2014.

Areas in blockquote are direct passages from the Environmental Overview.  If you would like to obtain a copy of the full Environmental Overview, please contact me.

 » Read more about: Environmental Overview – Colombo  »

Read more ›

Environmental Overview – Chandigarh

13th Nov 2014 Comments Off on Environmental Overview – Chandigarh

Last Updated on November 13, 2014 by Steven Meurrens

Earlier this year I published a partial reproduction of the Environmental Overview of the immigration functions at the Canadian Consulate in Chandigargh current to 2012.  The post was quite popular, and the following is a summary of the most recent Environmental Overview of the immigration functions at the Canadian Consulate in Chandigarh (the “Environmental Overview”).  The Environmental Overview was prepared as part of the Citizenship and Immigration Canada 2014-2015 planning exercise, and is current as of January 2014.

Areas in blockquote are direct passages from the Environmental Overview.

Environment

The Canadian Consulate in Chandigarh (“CIC Chandigarh“) provides temporary residence processing in northwest India.

Chandigarh is a non-immigrant processing office. However in 2013 we processed some family class files in order to assist Delhi with their targets and to provide a learning experience for officers in Chandigarh. Over 400 family class applications were interviewed and processed to conclusion in 2013.

SuperVisas continue to account for 15% of our total visitor intake.

Systemic fraud necessitates a careful review of applications in all lines of business.

Interestingly, CIC Chandigarh has been active in meeting with Punjab government officials to provide input on the new Punjab Prevention of Human Smuggling Act, a law which provides a registration system for those performing immigration consultant services and provides stiff penalties for those who operate without being registered or who commit fraud.

Two quality assurance exercises have been completed in the past year, one on the genuineness of WP applicant’s employment history and one on the genuineness of bank documents provided by TRV applicants. Significant fraud was detected within the WP program and processing changes have been made to include up-front verifications on all worker cases.

 » Read more about: Environmental Overview – Chandigarh  »

Read more ›

Communicating by email with CIC

8th Nov 2014 Comments Off on Communicating by email with CIC

Last Updated on November 8, 2014 by Steven Meurrens

The following article appeared in the November 2014 edition of The Canadian Immigrant.

——

People wishing to immigrate to Canada have traditionally had to submit paper-based applications, and communicate with Citizenship and Immigration Canada (CIC) by regular mail. CIC, however, is modernizing its processes. An increasing number of applications can now be uploaded to CIC’s online portal, and visa offices regularly communicate with applicants by email.

Indeed, visa officers frequently send important emails to applicants that contain requirements for the applicants to provide specific documentation within strict deadlines. Unsurprisingly, many emails from CIC to applicants appear to go missing, and both CIC and the Federal Court have had to determine what procedures are fair when applicants miss deadlines contained in emails that they allege they never received.

You get to decide how to communicate

You, the applicant, has the ultimate choice of when to communicate by email with CIC. CIC will initiate email communication with you if you submit a completed application form, which includes an email address, if you provide a signed Use of Representative form that includes an email address, or if you initiate email communication with CIC. At any point, however, you may request that CIC communicate only with you by regular mail.

Missed emails

If you miss a deadline and claim that you never received CIC’s email, then you or your representative is responsible for emails that CIC can prove were sent even if they were not received.

When a communication is correctly sent by a visa officer to an address (including email) that has been provided by an applicant, and where there has been no indication that the communication may have failed (for example,

 » Read more about: Communicating by email with CIC  »

Read more ›

Canada’s Interpretation of Article 1F(b) of the 1951 Refugee Convention

3rd Nov 2014 Comments Off on Canada’s Interpretation of Article 1F(b) of the 1951 Refugee Convention

Last updated on September 29th, 2018

Last Updated on September 29, 2018 by Steven Meurrens

Article 1F(b) of the Convention Relating to the Status of Refugees, Can. T.S. 1969 No. 6 (the “1951 Refugee Convention“) states that the provisions of this 1951 Refugee Convention shall not apply to any person with respect to whom there are serious reasons for considering that they have committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee.

Section 98 of Canada’s Immigration and Refugee Protection Act (“IRPA” or the “Act“) incorporates Article 1F(b) of the 1951 Refugee Convention into Canadian immigration law.

What is the Purpose of Article 1F(b)?  Does Is it Restricted to Fugitives? If a Person is Rehabilitated Can They Still be Excluded from Refugee Protection? 

In Febles v. Canada (Citizenship and Immigration Canada), 2014 SCC 68 (“Febles“), the Supreme Court of Canada (the “Supreme Court“) addressed the issue of whether the application of Article 1F(b) of the 1951 Refugee Convention is simply a matter of looking at the seriousness of a crime when it was committed, or whether it requires consideration of other matters, including, for example, whether a refugee claimant is a fugitive and/or whether an individual is rehabilitated.

The Supreme Court found that the purpose of Article 1F(b) of the 1951 Refugee Convention is to exclude people who have previously committed a serious non-political crime from seeking refugee protection in Canada, period. The Supreme Court further determined that Article 1F(b) is not directed only at fugitives. It is also not limited to a subset of serious criminals who are undeserving (are dangerous or not rehabilitated) at the time that they claim refugee protection.  

 » Read more about: Canada’s Interpretation of Article 1F(b) of the 1951 Refugee Convention  »

Read more ›