Canadian work experience that is volunteer does not typically count towards immigration. Regulation 73(2) of the Immigration and Refugee Protection Regulations states that for the purposes of this Division, work means an activity for which wages are paid or commission is earned. The Division includes the Federal Skilled Worker Class, the Canadian Experience Class, the Federal Skilled Trades Class and the Provincial Nominee Class. The reason is that economic classes are designed to determine whether an applicant can become economically established.
Renouncing Permanent Resident Status
Prior to November 21, 2014, there was no formal way for permanent residents to voluntarily renounce their permanent resident status in Canada. Incredibly, permanent residents who wanted to voluntarily relinquish their status had to generally first be declared inadmissible to Canada by Immigration, Refugees and Citizenship Canada (“IRCC”). This changed in 2014, and the ability to formally relinquish permanent resident status will benefit numerous individuals. As the IRCC website states: In some cases, permanent residents know that they failed to meet the residency obligation and have no desire to remain in Canada as permanent residents, but they wish to visit Canada without being reported for non-compliance with respect to their residency requirements. In other cases, individuals may be required to provide proof that they have given up Canadian permanent resident status in order to obtain benefits from their country of origin or a third country, such as accepting a diplomatic posting, renewing civil documents (national identity cards, health or pension coverage, etc.) or entering military service.
Res Judicata
Res judicata is a legal principle which means “a matter already judged.” Pursuant to the Supreme Court of Canada’s decision in Danyluk v. Ainsworth Technologies Inc., 2001 SCC 44, there is a three part test for determining whether res judicata applies, as follows: the same question has been decided earlier in the proceedings; the prior decision that is said to create the estoppen must have been final; and the parties (or their representatives) to the prior decision must be the same as the parties to the proceedings in which the doctrine of issue estoppel is being raised. In Penner v Niagara (Regional Police Services Board), 2013 SCC 19, the Supreme Court further held that even if the pre-conditions are met there is a residual discretion to not apply the doctrine where it is in the interests of justice to deal with the matter on its merits as well as where there is decisive new evidence that was not previously available. When stating the test it is important to note that issue estoppel is trigerred when the same issue is being re-litigated regardless of whether or not the same facts are before the decision-maker. New evidence is relevant to the second step … Read More
Labour Market Impact Assessments – Recruitment Requirements
Employers wishing to apply for Labour Market Impact Assessments are required to conduct recruitment efforts to hire Canadian citizens and permanent residents. The Department of Economic and Social Development (“ESDC” or “Service Canada“) is very stringent in its recruitment requirements, many of which are not publicly available. In this blog post I seek to provide a comprehensive overview of Service Canada’s recruitment requirements, including providing a summary of the publicly available information on the Service Canada website, as well as summarizing and reproducing internal ESDC directives. I would like to thank Jacobus Kriek, an immigration consultant with Matrixvisa Inc., for providing me copies of the internal Service Canada directives and e-mails that he has obtained. Please note that what I have reproduced below should not be viewed as legal advice by ESDC or Service Canada. The reproduction of the material below has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada. As well, given the nature of relying on internal documents, some of the information may be out of date.
Applications for Extension of Authorization to Remain in Canada as a Temporary Resident
Regulation 181(1) of the Immigration and Refugee Protection Regulations provides that a foreign national may apply for an extension of their authorization to remain in Canada as a temporary resident if: the application is made by the end of the period authorized for their stay; and they ahve complied with conditions imposed on their entry to Canada. Regulation 181(2) further states that an officer shall extend the foreign national’s authorization to remain in Canada as a temporary resident if it is established that the foreign national will leave Canada by the end of the period authorized for their stay, holds a passport and is not inadmissible to Canada. Factors There are many factors that immigration officers will consider in assessing whether to extend someone’s status in Canada. These include: What is the individual doing in Canada? How long has the individual been in Canada? How long is the extension request for? Do they have a valid job offer? If so, are they able to perform the work? What activities has the individual done during their time in Canada? Are they earning enough to support themselves? Can someone else provide adequate support? Does the individual have the means and ability to either … Read More