Temporary Resident Visa Statistics

30th Jun 2021 Comments Off on Temporary Resident Visa Statistics

Last Updated on June 30, 2021 by Steven Meurrens

A Temporary Resident Visa (“TRV”) is a document issued by Immigration, Refugees and Citizenship Canada (“IRCC”) which shows that the person has met the requirements for admission to Canada as a temporary resident.  It is typically a counterfoil that is placed in a person’s passport.

Statistics

From 2011-2021 (February) the temporary resident visa approval rates based on country of citizenship were as follows:

 » Read more about: Temporary Resident Visa Statistics  »

Read more ›

Significant Benefit Work Permits (After June 25, 2021 Update)

29th Jun 2021 Comments Off on Significant Benefit Work Permits (After June 25, 2021 Update)

Last Updated on June 29, 2021 by Steven Meurrens

On June 25, 2021 Immigration, Refugees and Citizenship Canada (“IRCC“) updated its C-10 Significant Benefit work permit program. The previous information can be found here on my blog.  The new material on the IRCC website can be found here.

 » Read more about: Significant Benefit Work Permits (After June 25, 2021 Update)  »

Read more ›

Permanent Residence Approvals by Visa Office

27th Jun 2021 Comments Off on Permanent Residence Approvals by Visa Office

Last Updated on June 27, 2021 by Steven Meurrens

In 2019 the approval rates for permanent residence applications processed overseas was as follows.

 » Read more about: Permanent Residence Approvals by Visa Office  »

Read more ›

Misrepresentation When the Information Is Readily Available to a Visa Officer

27th Jun 2021 Comments Off on Misrepresentation When the Information Is Readily Available to a Visa Officer

Last updated on July 25th, 2021

Last Updated on July 25, 2021 by Steven Meurrens

Section 40 of the Immigration and Refugee Protection Act provides that a permanent resident or foreign national is inadmissible to Canada for directly or indirectly misrepresenting or withholding a material fact relating to a relevant matter that induces or could induce an error in the administration of Canada’s immigration laws.

The general consequence of misrepresenting is a five-year ban from entering Canada. An issue that often arises is where an applicant mistates or omits information in their visa application, but the information is readily available to a visa officer. Koo v. Canada  Koo v. Canada (Minister of Citizenship and Immigration), 2008 FC 931 is the most frequently cited case on this issue.  There, an applicant failed to disclose that he had previously applied for permanent residence, and that the application had been refused.  Justice Montigny stated that:

I shall now turn to the alleged misrepresentation with respect to the applicant’s previous application for permanent residence. The error occurred when the applicant checked off the “yes” box to the question whether he had “previously sought refugee status in Canada or applied for a Canadian immigrant or permanent resident visa or visitor or temporary resident visa”, but checked off the “no” box to the following question as to whether he had been refused such a status. The applicant has stated that this was an oversight on both the part of himself and his former representative and was in no way intentional. Further, when the applicant was asked at interview about whether he had previously submitted any immigration applications, the CAIPS notes reflect that he advised the officer that he had previously submitted an application for permanent residence in Canada,

 » Read more about: Misrepresentation When the Information Is Readily Available to a Visa Officer  »

Read more ›

Residency Obligation Appeals

24th Jun 2021 Comments Off on Residency Obligation Appeals

Last Updated on June 24, 2021 by Steven Meurrens

Section 28 of the Immigration and Refugee Protection Act states:

Residency obligation

(28)(1) A permanent resident must comply with a residency obligation with respect to every five-year period.

Application

(2) The following provisions govern the residency obligation under subsection (1):

    • (a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are

      • (i) physically present in Canada,

      • (ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,

      • (iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,

      • (iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or

      • (v) referred to in regulations providing for other means of compliance;

    • (b) it is sufficient for a permanent resident to demonstrate at examination

      • (i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident;

      • (ii) if they have been a permanent resident for five years or more,

 » Read more about: Residency Obligation Appeals  »

Read more ›

Work Permits and Permanent Residence Options for Hong Kong Nationals

9th Jun 2021 Comments Off on Work Permits and Permanent Residence Options for Hong Kong Nationals

Last updated on September 2nd, 2021

Last Updated on September 2, 2021 by Steven Meurrens

In 2021 Immigration, Refugees and Citizenship Canada introduced facilitative measures to provide open work permits to residents of Hong Kong and facilitative measures creating two pathways to permanent residence to facilitate the immigration of certain Hong Kong residents.

Work Permits

The public policy allows for the issuance of open work permits to eligible residents of Hong Kong, whether they are in Canada or abroad, for a period of up to three years. Eligible family members may also be issued an open work permit.

To be eligible, the foreign national must:

  • hold a valid passport issued by the Hong Kong Special Administrative Region or the United Kingdom to a British National Overseas;
  • have graduated no more than 5 years before you apply for this open work permit, with one of the following:
    • a degree (for example, associate, bachelor’s, master’s or doctoral) from a designated post-secondary learning institution in Canada or an institution abroad; or
    • a diploma for a minimum 2-year program from a designated post-secondary learning institution in Canada or an institution abroad.

Alternatively, they can hold:

  • a graduate or post-graduate credential (for example, a post-graduate diploma) that wasreceived no more than 5 years before they apply. The credential must be for a program:
    • that is a minimum of 1 year
    • that requires a post-secondary degree or diploma, which you completed no more than 5 years before you started the post-graduate program
    • at one of the following:
      • a designated learning institution in Canada
      • an institution abroad

Work permits will be valid for up to three years.

 » Read more about: Work Permits and Permanent Residence Options for Hong Kong Nationals  »

Read more ›

Borderlines Podcast #54 – Building the Law Career that You Want, with Dennis McCrea

2nd Jun 2021 Comments Off on Borderlines Podcast #54 – Building the Law Career that You Want, with Dennis McCrea

Last Updated on June 2, 2021 by Steven Meurrens

Dennis McCrea was the founder of McCrea Immigration Law. He started practicing immigration law in 1974, and was one of the original members of Vancouver’s immigration bar. In this episode we discuss how to build an immigration practice, how the practice of immigration law has evolved, avoiding burnout and more.

Borderlines · #54 – Building the Law Career that You Want, with Dennis McCrea

3:00 – How lawyers use to interact with visa officers.

6:00 – The formation of the immigration bar.

11:30 –  Thoughts on whether it is possible to have both a corporate immigration practice and a refugee or enforcement practice.

15:30– Did the practice of immigration law become more or less fun over time?

18:00 – What kept Dennis motivated when it came to practicing immigration law?

22:30 – What type of cases did Dennis enjoy the most?

26:00 – What are some tools that lawyers can use to prevent burnout?

41:00 – Did the practice of immigration law vary depending on which political party were in power?

42:00 – How to retire.

45:00 – How can junior lawyers who are trying to build a practice have time for hobbies?

48:00 – How Steven and Deanna got into immigration.

58:00 – Growing a firm.

1:03:00 – Should you article at an immigration law firm.

1:06:00 – Being too specialized.

1:13:00 – What percent of Dennis’s practice was immigration processing, firm management and enforcement?

1:16:30 – Thoughts on consultants.

1:19:00 – Are decisions getting better or worse? Are boilerplate refusals becoming more or less common?  » Read more about: Borderlines Podcast #54 – Building the Law Career that You Want, with Dennis McCrea  »

Read more ›

Statistics Canada – Immigration

2nd Jun 2021 Comments Off on Statistics Canada – Immigration

Last Updated on June 2, 2021 by Steven Meurrens

The following are charts from Statistics Canada related to various immigration topics.

1) Likelihood to Have Received CERB

https://www150.statcan.gc.ca/n1/pub/45-28-0001/2021001/article/00021-eng.pdf

 » Read more about: Statistics Canada – Immigration  »

Read more ›

Borderlines Podcast #49 – The Supreme Court of Canada decision in Chieu and the Ribic Factors

1st Jun 2021 Comments Off on Borderlines Podcast #49 – The Supreme Court of Canada decision in Chieu and the Ribic Factors

Last Updated on June 1, 2021 by Steven Meurrens

Chieu v. Canada (Minister of Citizenship and Immigration), 2002 SCC 3 was a landmark Supreme Court of Canada which affirmed the use of the Ribic factors in the H&C assessment. We discuss these factors and how they are used in immigration appeals.

Borderlines · #49 – The Supreme Court of Canada decision in Chieu and the Ribic Factors

1:00 – How the assessment of Humanitarian & Compassionate considerations has become somewhat nebulus.

4:00 – A case study of Chieu v. Canada

10:00 – What is an example of a negative country condition in someone’s country of citizenship?

13:00 – The decision and principles in Chieu.

15:00 – The Federal Court of Canada in Zhang v. Canada (Citizenship and Immigration), 2020 FC 927, which seems to limit Chieu.

16:00 – The Ribic factors and the types of immigration appeals. 20:00 How much weight each factor should get.

25:00 – Stories about our appeals.

32:00 – The remorse factor and flexibility.

45:00 – The counter arguments to considering country of citizenship conditions.

50:00 – Consents on appeal.  » Read more about: Borderlines Podcast #49 – The Supreme Court of Canada decision in Chieu and the Ribic Factors  »

Read more ›