Last updated on February 4th, 2019
[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.
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 ›
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 ›
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.
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 ›
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.
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, if CIC receives a “message failed” bounce-back email),Read more ›
Last updated on September 29th, 2018
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 ›