On January 28, 2014, Chris Alexander, the Minister of Citizenship and Immigration Canada, issued the following statement (emphasis added): Recent actions by members of Ukraine’s ruling elite in the face of popular and growing protests have been utterly deplorable, and compel us to take targeted and meaningful action. “Given the violent repression of legitimate protest and the intimidation of opposition voices, we will be restricting entry to Canada – effective immediately – for key government figures as a direct result of their actions in recent days. “Although Canada welcomes the recent developments in Ukraine, more needs to be done. The Ukrainian government must address the fundamental demands of the people, including accountability and a full embrace of democratic principles. “We believe it will take more than words to establish trust with the people, and Canada will continue to stand with the Ukrainian people, who courageously continue to speak out in support of democracy. “Canada will continue to monitor developments in Ukraine, and, with our international partners, consider further options if necessary.” This is the first time that the Government of Canada has used its new power resulting from Bill C-43 – The Faster Removal of Foreign Criminals Act to deny individuals the ability to … Read More
Environmental Overview – Nairobi
The following blog post contains information specific to the Canadian visa office in Nairobi. 2013 OVERVIEW The following is a summary of the Environmental Overview of the immigration functions at the Canadian High Commission in Naiorbi (the “Environmental Overview”). The Environmental Overview was prepared as part of the Citizenship and Immigration Canada 2013-2014 planning exercise, and is current as of January 2013. Areas in blockquote are direct passages from the Environmental Overview. Environment The Canadian High Commission in Nairobi (“CIC Nairobi”) provides visa services to residents of Kenya, Burundi, Congo, Comoros, Djibouti, Eritrea, Ethiopia, French Southern Territories, Madagascar, Mauritius, Mayotte, Reunion, Rwanda, Seychelles, Somalia, South Sudan, Tanzania, and Uganda. Many visa applicants, including senior government officials from many of the countries within Nairobi’s jurisdiction, are inadmissible for activities ranging from genocide to subversion, a factor which continues to be a bilateral irritant for Canada in the region. There are 13 Canada Based Staff, 2 Designated Immigration Officers, 3 Immigration Program Officers, 2 Locally Engaged 06, 22 Locally Engaged 05, 4 Locally engaged 04, and 9 locally Engaged 03 working at CIC Nairobi. With the advent of e-applications, Nairobi is now starting to benefit from the assistance of QRC in the promotion on Temporary … Read More
Artificial Intelligence and Canadian Immigration
When people submit applications to Immigration, Refugees and Citizenship Canada they typically have spent significant time carefully completing forms and assembling documents. They expect that their applications will be processed by visa officers who carefully review the information before them. However, applicants need to understand that their artificial intelligence is playing an increasing role in visa processing, as is the bulk processing of applications. Why this is a timely matter to discuss IRCC has not been forthcoming with how it uses technology to process applications, however, through a series of Access to Information Act requests as well as Federal Court of Canada litigation the public is beginning to get a sense of measures being implemented. Predicative Learning Automated processing of some categories of applications is not new. Since 2015 most visa-exempt foreign nationals have had to apply for an Electronic Travel Authorization before they could board a plane to travel to Canada. These applications were for the most part automated applications. What is less known is that in 2017 IRCC successfully conducted a pilot in which automated systems based on predicative analytics triaged and automatically approved low-risk online temporary resident visa applications from China. Visa applications were sorted into tiers – … Read More
Bringing an Adopted Child to Canada
It is not uncommon for Canadians to adopt children from abroad. Those that wish to do so should be aware that there are many immigration hurdles to overcome. The purpose of this post is to introduce prospective parents of some of the issues.
Authorizations to Return to Canada
Section 52(1) of Canada’s Immigration and Refugee Protection Act provides that a person who has been removed from Canada cannot return to Canada unless the person first receives specific authorization from immigration authorities. This authorization is known as “authorization to return to Canada” (an “ARC“). Whether an ARC is needed will depend on what type of removal order the person received. Types of Removal Orders Removal orders can be issued by officers at ports of entry, inland enforcement officers and the Immigration and Refugee Board’s (the “IRB”) Immigration Division. There are three types of removal orders in Canada. These are the “Departure Order,” the “Exclusion Order,” and the “Deportation Order”. A Departure Order requires that a person leave Canada within 30 days after the order becomes enforceable. Failure to do so causes the Departure Order to become a Deportation Order. Examples of where a Departure Order would occur is a permanent resident who fails to meet their residency obligation or eligible refugee claimants who are pending a deciison by the IRB. An Exclusion Order provides that the removed person cannot return to Canada for one year unless the person obtains ARC. For Exclusion Orders resulting from misrepresentation the bar is five years. … Read More
Sponsoring an Extended Family Member to Immigrate
It is generally well known that Canadian citizens and permanent residents can sponsor their spouses, common-law partners, children, parents and/or grand-parents to immigrate to Canada. What is less well-known is that in certain circumstances it is also possible for a Canadian citizen or permanent resident to sponsor an extended family member to immigrate. The “Lonely Canadian” Category Under a program that is generally referred to as the “Lonely Canadian Program” or the “Other Relative Program” a Canadian citizen or permanent resident can sponsor one adult son or daughter, brother, sister, uncle, aunt, niece or nephew to immigrate to Canada. If that extended family member is married or has children, the person being sponsored can bring their immediate family with them to Canada. As well, the person being sponsored has to be related to the sponsor by blood. In order to sponsor such a relative, however, the Canadian or permanent resident must show that they do not have a spouse, common-law partner, child, parent or grandparent or child who is either a Canadian citizen or a permanent resident, or who is a foreigner that can be sponsored. For example, if a Canadian citizen is married they cannot sponsor their uncle to … Read More
Environmental Overview – Accra
The following is a summary of the Environmental Overview of the immigration functions at the Canadian High Commission in Accra (the “Environmental Overview”). The Environmental Overview was prepared as part of the Citizenship and Immigration Canada 2013-2014 planning exercise, and is current as of January 2013. Environment The Canadian High Commission in Accra (“CIC Accra”) provides visa services to residents of Ascension, Benin, Gambia, Ghana, Guinea-Conakry, Liberia, Nigeria (permanent residents only), Sao Tome and Principe, Sierra Leone, St. Helena, Togo, and Tristan da Cunha. Contrary to popular misconception, CIC Accra has no role in managing the Lagos Visa Office. Notwithstanding that, since the fall of 2012, an officer from CIC Accra has assisted the Lagos Visa Office in processing temporary resident applications on two occasions for a total period of four weeks. Upon return from one visit, the officer brought approximately 200 Temporary Resident Visa files from the Lagos Visa Office to CIC Accra. Original passports were left in the Lagos Visa Office and visas were remotely printed there. Quality Assurance The last half of 2012 witnessed several changes to the Immigration Program at CIC Accra. All permanent resident visas are issued by the Immigration Program Manager to ensure procedures … Read More
The Cost of Escorted Removals and Detentions
In May 2011, the Government Consulting Services prepared a report for the Canada Border Services Agency titled Identification and Assessment of Options for the Escort Program (Project Number: 520-1412). This blog post is a summary of that report. As the report is over 30 pages, please contact me if you want me to e-mail you a copy of the entire report. In brief, in 2010/11 the cost of escorted removals was $7.5-million dollars, with an average cost per escorted removal at $13,933.00. The estimated total time spent by the CBSA to complete escorted removals during this time was 78,160 hours. As noted in the report, the decision as to whether a foreign national’s removal will be escorted or not lies with the Inland Enforcement regional managers or supervisors who oversee removals. The assessment focuses on many factors related to determining the level of risk likely to be present during the removal such as: the person’s comportment, anticipated reaction to their return to the country of destination, the length of the trip, and/or the transit point(s), the person’s past criminal behaviour, their physical and psychological condition, and more. In some cases, a medical escort may also be provided by the CBSA. The … Read More
Significant Benefit Work Permits C-10
Most work permit applicants to Canada will typically need their potential employer to first obtain a positive or neutral Labour Market Impact Assessment (“LMIA“) before they apply for their work permit. This is an arduous process which generally requires that the potential employer conduct recruitment, pay a $1,000.00 processing fee, a mandatory interview, and uncertainty for a period of several weeks to months. However, there are several exemptions to the LMIA requirement. One of these exemptions is where the entry of the prospective foreign worker would create or maintain significant social, cultural, or economic benefits or opportunities for Canadian citizens or permanent residents. These work permits are typically known as Significant Benefit Work Permits, or C-10 Work Permits. Legislation Regulation 205(a) of the Immigration and Refugee Protection Regulations (IRPR) states: A work permit may be issued under section 200 to a foreign national who intends to perform work that (a) would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents Guidance The general requirement of a C-10 work permit is that it “should not be used for the sake of convenience, nor in any other manner that would undermine or try to circumvent the importance of … Read More
Inadmissibility for Terrorism or Membership in a Terrorist Group
The Federal Court of Appeal has answered a question regarding inadmissibility under s. 34 of IRPA.