Sections 36(1)(a) and (b) of the Immigration and Refugee Protection Act states: 36 (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for (a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed; (b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; Sections 36(2)(a) and (b) of the Immigration and Refugee Protection Act states: (2) A foreign national is inadmissible on grounds of criminality for (a) having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence; (b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out … Read More
The Federal Skilled Worker Program
The Federal Skilled Workers Class (the “FSWC“) has traditionally been one of Canada’s most popular immigration programs. It is currently one of the three programs that is managed through Immigration, Refugees and Citizenship Canada’s (“IRCC“) Express Entry program. To be eligible for the FSWP, applicants must meet minimum eligibility criteria, and also get a minimum of 67 out of 100 points in a selection grid. Minimum Eligibility Criteria The minimum eligibility criteria to the FSWC are that applicants must: Within the 10 years preceding the date of the application for a permanent resident visa, have at least one year of continuous full-time employment experience or the equivalent in continuous part-time employment the occupation that they identify as their primary occupation that is listed in National Occupational Classification (“NOC“) TEER 0, 1, 2 or 3; During that period of employment performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the NOC; During that period of employment performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties. have completed a language test from a designated … Read More
Self Employed Class – What Are Cultural and Athletic Activities?
Canada’s Self-Employed Class seeks to attract to Canada individuals who have the intention and ability to become self-employed in Canada. Self-employed persons are required to have relevant experience in either cultural activities or athletics and be willing and able to make a significant contribution to the cultural or athletic life of Canada. There was also previously farm management component of the program which closed on March 10, 2018. Eligibility – Athletics and Cultural Experience The Immigration, Refugees and Citizenship Canada (“IRCC“) website states that to qualify for the Self-Employed Program applicants must show that they: have relevant experience; intend and be able to be self-employed in Canada; and can contribute to Canada’s economy in one of the required areas. “Relevant experience” under the Self-Employed Program means at least two years of experience during the period starting five years before a person applies for permanent residence and ending by the time the visa is issued. The experience must be: for cultural activities: two one-year periods being self-employed in cultural activities, or two one-year periods participating at a world-class level in cultural activities, or a combination of a one-year period described in (1.) above, and a one-year period described in (2.) above. for … Read More
Genuineness and Caregivers
On June 18, 2019 Immigration, Refugees and Citizenship Canada revamped its caregiver programs. Gone was the requirement that employers first obtain a Labour Market Impact Assessment and that caregivers work in Canada without their families for at least two years before they could apply for permanent residency. Instead, caregivers can now immediately apply for permanent residency if they have a job offer or Canadian work experience in an eligible caregiver occupation and if they meet minimum education and language proficiency requirements and come to Canada with their families right away. The new caregiver programs have existed for about four months now and it is too early to determine whether they have been a success. An issue that has arisen, however, is the issue of employers and applicants demonstrating that their job offers are genuine. How the Caregiver Programs Work Canada now has two caregiver programs. The first is the Home-Child Care Provider Pilot. The second is the Home Support Worker Pilot. A maximum of 2,750 applications are accepted per year under each stream. In both programs, applicants must demonstrate through standardized language testing that they have Initial Intermediate English or French ability, also known as Canadian Language Benchmark 5, and … Read More
Staying Removal at the IAD
People issued removal orders often want to know how long they can stay in Canada before they have to leave, and if there is a chance to defer removal.
What if You Created an Investor Program and No One Applied?
The following article appeared in the April edition of The Canadian Immigrant. ____________ On Jan. 28, 2015, Citizenship and Immigration Canada (CIC) launched the replacement to the federal investor immigration program, called the immigrant investor venture capital pilot program. CIC was apparently so confident about demand for the new program that it announced that it would only accept applications to the new program for two weeks, or until a maximum of 500 applications were received, whichever came first. It soon became apparent that no one was applying to the new program, and on Feb. 13, CIC quietly announced that it was extending its two-week deadline until April 15. The question thus has to be asked … has CIC created an immigrant investor program that no one is interested in? Old immigrant investor program Under the old federal investor immigration program, investor immigrants had to make a five-year $800,000 interest-free loan to the Government of Canada, have a net worth of CDN $1.6 million, and have two years of qualifying business experience. The program was first-come-first-served, and applicants were not required to possess any English or French language skills. In 2014, the Government of Canada ended the investor immigration program and … Read More
International Experience Canada
International Experience Canada (“IEC“) provides young individuals the opportunity to travel and work in Canada. The program has grown considerably since it was introduced in 1951, and in 2016 IEC comprised 22% of International Mobility Program (“IMP“) work permits, making it the largest component of the IMP. The IEC Programs Participation in IEC is currently available to the citizens of 34 countries that have a bilateral youth mobility arrangement (a “YMA“) with Canada. The three most common IEC programs are the Working Holiday Program (the “WHP”), the Young Professionals Program (the “YPP“) and the International Co-op Internship (the “IEC Co-Op“). While eligibility requirements vary somewhat for each country, participation is typically open to young adults between the ages of 18 to 30 or 35. Under the WHP, participating young adults obtain open work permits which allow them to work anywhere in Canada. This is the largest IEC stream, and comprises 81% of IEC. Under the YPP, participating young adults can obtain employer-specific work permits if they have a job offer that contributes to their professional development related to their field of study and work for the same employer for the duration of their stay. Under the IEC Co-Op, participating young … Read More
Was not Continuously Engaged
The word “continuously” appears in several immigration requirements. It is not often not defined, and its interpretation has largely been left to immigration officers and the courts. Definitions Black’s Law Dictionary defines the word “continuously” to mean: Uninterruptedly; in unbroken sequence; without intermission or cessation; without intervening time; with continuity or continuation.” The Oxford English Dictionary defines the word “continuously” as being: “in a continuous manner; uninterruptedly, without a break”. The Canadian Oxford Dictionary defines “continuous” as meaning “unbroken, uninterrupted.” Webster’s Third New International Dictionary defines “continuously” as being “in a continuous manner” and “continuous” as “characterized by uninterrupted extension in time or sequence.” Dependent Child Jurisprudence Much of the jurisprudence on the matter involves the definition of “dependent child” before the Conservative Government of Canada changes in 2014. Previously, a “dependent child” was defined as: “dependent child”, in respect of a parent, means a child who (a) has one of the following relationships with the parent, namely, (i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or (ii) is the adopted child of the parent; and (b) is in one of … Read More
Assessing the Genuineness of a Work Permit Offer of Employment
Canada’s Immigration and Refugee Protection Regulations (the “IRPR“) states that a work permit application must be refused if an officer determines that the offer of employment is not genuine. Section 200(5) of the IRPR states that in order to determine whether an offer of employment is genuine an officer should consider (a) whether the offer is made by an employer that is actively engaged in the business in respect of which the offer is made, (b) whether the offer is consistent with the reasonable needs of the employer, (c) whether the terms of the offer are terms that the employer is reasonably able to fulfill, and (d) the past compliance of the employer with federal or provincial laws that regulate employment. Immigration, Refugee and Citizenship Canada’s (“IRCC“) guidelines contain extensive instructions to officers on assessing the genuineness of the offer of employment on a work permit application. Actively Engaged In order to demonstrate that an employer is actively engaged in the business an employer must do all of the following: have an operating business; provide either a good or a service; and have a physical work location in Canada where the temporary worker will work. The following are some red flags that … Read More
Approaching Members of Parliament
A frequent question that people ask is what role their Member of Parliament can play in assisting them. Requests In my opinion, the biggest role an MP can play is getting a timely status update. MPs typically can get an update in 48 hours, as opposed to 30 days for an Access to Information Act request or 14 days for a Case Specific Enquiry. The following PDF which was obtained through an Access to Information Act request contains IRCC guidance on handling requests from Members of Parliament. Letters MPs can also write letters on files. As Justice Ahmed noted in Nagarasa v. Canada (Citizenship and Immigration), 2018 FC 313, visa officers have to take these letters into consideration when assessing applications.