The Department of Employment and Social Development’s (“ESDC“) Agricultural Stream allows employers to hire temporary foreign workers (“TFWs“)for a maximum period of 24 months when Canadians and permanent residents are not available.  The program was created to reduce differences between the Seasonal Agricultural Workers Program (“SAWP“) and the regular Labour Market Impact Assessment (“LMIA“) stream.  The Agricultural Stream applies to TFWs entering Canada from any country. Information can be found on the ESDC website here: http://www.esdc.gc.ca/en/foreign_workers/hire/agricultural/overview.page   The following are frequently asked questions about the program as reproduced from the TFWP Wiki. This Wiki […]

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On the 7th podcast episode, Tom Davidoff and David Eby  joins Peter Edelmann and I to discuss Vancouver’s housing market. Tom Davidoff is an Associate Professor at the University of British Columbia’s Sauder School of Business.  He is frequently cited in the Vancouver media as being an expert on Vancouver’s housing market, and was part of a team of nine academics who created the B.C. Housing Affordability Fund proposal. David Eby is the Member of the Legislative Assembly for Vancouver-Point Grey, and was previously the Executive Director of the British Columbia Civil Liberties Association. […]

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Labour Market Impact Assessment (“LMIA“) applications typically take 1-4 months to process. However, the Department of Employment and Social Development Canada (“ESDC“) processes LMIAs for in-demand occupations (skilled trades), highly paid occupations (top 10%) or short-duration (120 days or less) entries within a 10 business day service standard. High-Demand To be considered a High-Demand LMIA, the position must be for a skilled trade on the list of eligible occupations below, and the wage being offered for the position must be at, or above, the provincial / territorial median wage where the job is […]

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In John v. Canada (Citizenship and Immigration), 2016 FC 915, Justice Brown provides a helpful summary on how psychological reports are to be treated. He writes: Having come to this conclusion, it is not necessary to deal with the other issues re the psychologist’s report and the Gender Guidelines. However, in connection with the psychologist’s report, the RPD appears to have rejected the psychologist’s report on grounds that were directly and recently criticized by the majority of the Supreme Court of Canada in Kanthasamy v Canada (Citizenship and Immigration), 2015 SCC 61 […]

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On October 20, 2016, IRCC posted Operational Bulletin 627. It restricts what qualifies for “urgent processing” of PR Cards to: travel due to an applicant’s own serious illness or the serious illness or death of a family member; or to obtain employment or to travel due to employment requirements or opportunity.  

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I’m writing this post quickly after reading the Federal Court’s decision in Hehar v. Canada (Citizenship and Immigration), 2016 FC 1054. In the decision, Justice Brown writes: Naveen Kumar Verma gave radically different answers from those given by the Applicant during the verification process in response to the same two simple questions. First, in response to the question, “Who does she report to/Who do you report to,” two different individuals, with different job titles were named. I have never liked the “who do you report to” question. Prior to becoming a Partner […]

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People who do not meet the requirements of the Immigration and Refugee Protection Act (the “IRPA“), and most commonly people who are criminally inadmissible to Canada and who are not eligible to apply for rehabilitation, require Temporary Resident Permits (“TRPs“) in order to enter or remain in Canada.

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On September 1, 2016, the British Columbia Provincial Nomination Program (“BC PNP“) published changes to its program guide. Here is a summary of the changes. Topic Original Change Representatives If you are invited to apply and your employer is using a representative, your employer must also complete their own use of representative form, even if your employer is appointing the same representative. If you are invited to apply and you are using a representative, your employer must also complete their own use of representative form, even if your employer is appointing […]

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It is not uncommon for refusal letters to contain some variation of the following statement: I find that letters or affidavits made by the applicant, who has a personal interest in this matter, require a degree of corroboration in order to contain much weight. As the Federal Court of Appeal held in Maldonado v Canada (Minister of Employment and Immigration), [1980] 2 FC 302 at para 5 (FCA), this is inappropriate. There, the Court noted that: When an applicant swears to the truth of certain allegations, this creates a presumption that those […]

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In a previous blog post I wrote about how IRCC’s internal reasons for refusal are often much more detailed than what is in the refusal letters that IRCC sends to refused applicants. The recent case of Aguilar v. Canada (Citizenship and Immigration), 2016 FC 947 illustrates this. There, the refusal letter stated: The checklist reasons for refusal further added that the reasons for refusal were “employment prospects of country of residence” and “current employment situation.” The internal reasons for refusal, which could only be obtained through filing an Access to Information Act request or going […]

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