Last Updated on June 24, 2021 by Steven Meurrens
Section 28 of the Immigration and Refugee Protection Act states:
(28)(1) A permanent resident must comply with a residency obligation with respect to every five-year period.
(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,
Last Updated on June 9, 2021 by Steven Meurrens
In 2021 Immigration, Refugees and Citizenship Canada introduced facilitative measures to provide open work permits to residents of Hong Kong.
The following individuals are eligible:
- residents of Hong Kong as defined in the Immigration and Refugee Protection Regulations, regardless of place of physical residence. The IRPR defines residency as those who hold a passport issued by Hong Kong Special Administrative Region (HKSAR) of the People’s Republic of China or the United Kingdom to a British National Overseas (a “BNO”), as a person born, naturalized or registered in Hong Kong;
- immediate and extended family members of Canadian citizens, persons registered under the Indian Act, Canadian permanent residents or protected persons living in Hong Kong regardless of nationality; and
- immediate family members of Hong Kong residents who will be working or studying in Canada.
As of February 8, 2021, foreign nationals who hold either a HKSAR or BNO passport are eligible to apply for an open work permit under a 2-year temporary resident public policy. Applicants can be residing in Canada or overseas at the time of application. Foreign nationals are not eligible to apply for an open work permit under this public policy at a port of entry. Work permit applications must be submitted online.
Eligible spouses or common-law partners, as well as dependent children, can also apply for a study or work permit, as appropriate.
Applicants must hold either a:
- degree (for example, bachelor, master, doctorate) from a post-secondary DLI in Canada or an equivalent educational credential earned abroad,
- post-secondary diploma from a post-secondary DLI in Canada or the equivalent credential from an overseas institution along with an educational credential assessment (ECA) report from an agency approved by IRCC to confirm Canadian equivalency.
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.
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 ›
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
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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.
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.Read more ›