The Inside Canada vs. Outside Canada Sponsorship Process

26th Mar 2015 Comments Off on The Inside Canada vs. Outside Canada Sponsorship Process

Last Updated on March 26, 2015 by Steven Meurrens

One of the quirkier features of Canadian immigration law is the distinction between what is generally referred to as the “Inside-Canada Sponsorship” process and the “Outside-Canada Sponsorship” process.  The biggest myth is that if a couple is residing in Canada then they must use the “Inside-Canada Sponsorship” process.  This is not true.  However, each program contains advantages and disadvantages vis-a-vis the other, and I have provided a list of the key features and requirements of each program below.

 

Inside-Canada Process

Outside-Canada Process

The spouse/common-law partner must be in a genuine, conjugal relationship that was not entered into for the primary purpose of acquiring an immigration benefit.
The spouse/common-law partner must be in a genuine, conjugal relationship that was not entered into for the primary purpose of acquiring an immigration benefit.

The spouse/common-law partner must reside together in Canada.
The spouse/common-law partner do not have to reside together in Canada.  As well, once a common-law relationship is established, periods of separation will not change their common-law status if there is a short separation that does not sever the common-law partnership.

The applicant must live with the spouse/common-law partner inside Canada during the duration of processing.
The applicant can live with the spouse/common-law partner inside Canada during the duration of processing, but does not have to.

The immigration paperwork is sent to a processing center inside Canada, and remains in Canada.
The immigration paperwork is sent to a processing center inside Canada, and it then may be transferred to a visa post outside of Canada.

If the applicant has valid temporary resident status in Canada, and submits an application to extend that status inside Canada with the permanent residence application, then the applicant will have implied status during the processing of the permanent residence application,  » Read more about: The Inside Canada vs. Outside Canada Sponsorship Process  »

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Non-Accompanying Dependants and Medical Exams

24th Mar 2015 Comments Off on Non-Accompanying Dependants and Medical Exams

Last Updated on March 24, 2015 by Steven Meurrens

One of the more frustrating aspects for prospective immigrants is Citizenship and Immigration Canada’s (“CIC”) general requirement that they have their non-accompanying dependants (spouses and children) undergo medical and criminal examination.  The task can be taunting for those who do not have full custody of their non-accompanying children.  However, CIC’s requirement is understandable in light of Canadian immigration legislation..

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Certified Question on Removal Orders for Permanent Resident Visa Holders at the Port of Entry

23rd Mar 2015 Comments Off on Certified Question on Removal Orders for Permanent Resident Visa Holders at the Port of Entry

Last Updated on March 23, 2015 by Steven Meurrens

On March 17, 2015, Justice Montigny in Ismail v. Canada (Citizenship and Immigration), 2015 FC 338 (“Ismail“), certified the following question:

For the purposes of determining its jurisdiction to hear an appeal pursuant to subsection 63(2) of the IRPA, shall the validity of the permanent resident visa be assessed by the IAD at the time of arrival in Canada or at the time the exclusion order is made?

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LMIA Language Restrictions

11th Mar 2015 Comments Off on LMIA Language Restrictions

Last updated on September 19th, 2018

Last Updated on September 19, 2018 by Steven Meurrens

The Application for a Labour Market Impact Assessment (“LMIA”) asks:

Employers should generally be counselled against stating that an offer of employment requires the ability to communicate in a language other than English or French.

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CIC to Begin Sharing Information on Citizenship Applicants with the Canada Revenue Agency

5th Mar 2015 Comments Off on CIC to Begin Sharing Information on Citizenship Applicants with the Canada Revenue Agency

Last Updated on March 5, 2015 by Steven Meurrens

On February 28, 2015, the Government of Canada announced in the Canada Gazette that it would begin enhanced information sharing between Citizenship and Immigration Canada (“CIC”) and the Canada Revenue Agency (“CRA“).  To many representatives who have been stunned at how many people can seemingly get away with reporting different information to the two government departments this is welcome news.

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Supreme Court of Canada Affirms That State Cannot Undermine Duty of Loyalty to Client

2nd Mar 2015 Comments Off on Supreme Court of Canada Affirms That State Cannot Undermine Duty of Loyalty to Client

Last Updated on March 2, 2015 by Steven Meurrens

The Supreme Court of Canada (“SCC“) in Canada (Attorney General) v. Federation of Law Societies of Canada, 2015 SCC 7, has affirmed that some provisions of Canada’s anti-money laundering and anti-terrorist financing duties unreasonably impedes the lawyer’s duties to both keep their clients’ confidences and to act with the commitment to serving and protecting their clients’ legitimate interests.  In doing so, the SCC has held that it should be recognized as a principle of fundamental justice that the state cannot impose duties on lawyers that undermine their duty of commitment to their clients’ causes.

The SCC’s decision contained the following key passages:

The duty of lawyers to avoid conflicting interests is at the heart of both the general legal framework defining the fiduciary duties of lawyers to their clients and of the ethical principles governing lawyers’ professional conduct. This duty aims to avoid two types of risks of harm to clients: the risk of misuse of confidential information and the risk of impairment of the lawyer’s representation of the client (see, e.g., Canadian National Railway Co. v. McKercher LLP, 2013 SCC 39, [2013] 2 S.C.R. 649, at para. 23).

The Court has recognized that aspects of these fiduciary and ethical duties have a constitutional dimension. I have already discussed at length one important example. The centrality to the administration of justice of preventing misuse of the client’s confidential information, reflected in solicitor-client privilege, led the Court to conclude that the privilege required constitutional protection in the context of law office searches and seizures: see Lavallee. Solicitor-client privilege is “essential to the effective operation of the legal system”: R. v. Gruenke, [1991] 3 S.C.R. 263, at p. 289. As Major J.

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Spousal Sponsorship Application Processing Times Soaring under Conservatives

2nd Mar 2015 Comments Off on Spousal Sponsorship Application Processing Times Soaring under Conservatives

Last Updated on March 2, 2015 by Steven Meurrens

On March 1, 2015, both the Ottawa Sun and the CBC  reported that protesters demonstrated in front of the Citizenship and Immigration Canada (“CIC”) building on Laurier Avenue in Ottawa.  As the CBC reported:

Canadians who fall in love with someone of another nationality can face daunting obstacles to starting a life together in Canada. If their spouse is living here already, they face a 25-month waiting period for their application to be processed. That waiting period has grown longer over the past two years, leaving thousands of families in limbo.

It is not only spouses in Canada whose applications are experiencing processing delays.

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