On June 28, 2019 Immigration, Refugees and Citizenship Canada substantially changed the guidance that it provides to officers regarding the issuance of Temporary Resident Permits (“TRPs“). The biggest change was the removal of the statement that TRPs could not be issued for administrative convenience. People who do not meet the requirements of the Immigration and Refugee Protection Act (the “IRPA“), and most commonly people who are criminally inadmissible to Canada and who are not eligible to apply for rehabilitation, require TRPs in order to enter or remain in Canada.
Applying for a Study Permit
Generally, to be eligible for a study permit, a potential student must: present a letter of acceptance from the educational institution where she intends to study. This school must be a Designated Learning Institution; be able to both pay the tuition fees of the program as well as be able to financially support themselves and any accompanying financial members. Depending on the person’s country of origin, they may be required to take out a GIC with a designated Canadian bank; be able to cover the cost of transportation to and from Canada; pass any medical examinations; possibly show proof of health insurance; demonstrate that they are a bona fide student and that they will leave Canada at the end of the period authorized by their stay. Not every student needs a study permit. Exempt students include: persons seeking to study for a short-term program (unless they wish to work on campus). minor students in Canada. Approval Rate Statistics The following charts were obtained through Access to Information Act requests. Here is the Immigration, Refugees and Citizenship Canada (“IRCC”) approval rate for study permit applications based on certain countries of origin from 2009 – 2013. Here is a breakdown of approvals for India, China, … Read More
Understanding Judicial Review
When a visa application has been refused and an applicant is convinced that the decision is unreasonable then it may be advisable to file an Application for Leave to Commence Judicial Review with the Federal Court of Canada (the “Federal Court” or the “Court”). The Federal Court has the jurisdiction to review the decisions of visa officers. The Court will determine whether an immigration officer committed any reviewable errors that should result in the decision being set aside. Reviewable errors include errors of fact, law, or breaches of procedural fairness. If an applicant succeeds in Federal Court, then the Court will order that the immigration officer’s decision be set aside, and typically that the application be reconsidered by a different officer. Usually, a successful judicial review will ultimately result in a positive decision from the second visa officer. However, this is not always the case. Furthermore, as the Federal Court of Appeal determined in Lee v. Canada (Minister of Citizenship and Immigration) 2004 FCA 143, there is no obligation on the second immigration officer to specifically refer to the order of the Court in the judicial review and provide reasons as to how and why the second decision differs from the … Read More
The Citizenship Test
All applicants for Canadian citizenship between 18 and 54 years of age are required to take the Citizenship Test. The citizenship test is generally the final step before the citizenship ceremony. Discover Canada The Citizenship Test assess an applicant’s knowledge of Canada and the responsibilities and privileges of Canadian citizenship. All questions are based on Immigration, Refugees and Citizenship Canada’s (“IRCC”) Discover Canada, which can be read on IRCC’s website here. Discover Canada’s Table of Contents shows that it consists of the following chapters: Notice – Third-party citizenship study guides, tests and questions The Oath of Citizenship Message to Our Readers Applying for Citizenship Rights and Responsibilities of Citizenship Who We Are Canada’s History Modern Canada How Canadians Govern Themselves Federal Elections The Justice System Canadian Symbols Canada’s Economy Canada’s Regions Study Questions For More Information and acknowledgements Authorities Memorable Quotes Retesting Applicants who Fail the Citizenship Test Failing the citizenship test does not result in the automatic refusal of a citizenship application. If someone fails the Canadian citizenship test, they will typically be given a second opportunity to retake the test. Citizenship applicants are allowed to retake the test within a few weeks of the initial attempt. If they … Read More
Options to Restore Status
There are many ways that people who come to Canada legally can suddenly find themselves inside Canada without valid status. Some may simply forget to submit applications to extend their status prior to the end of the period of their authorized stay. Others may submit their extension applications on time only to have Immigration, Refugees and Citizenship Canada (“IRCC”) later refuse or reject their applications for being incomplete, leaving them without status in Canada. While Canadian immigration law provides such foreign nationals with some options to regain valid temporary resident status in Canada, it is important that people understand the risks associated with each. Leaving Canada and Re-Entering The first, and arguably the riskiest, way that a foreign national can regain legal status in Canada is to exit Canada and re-enter. Anyone who does this will need to satisfy the Canada Border Services Agency (“CBSA”) that they will leave Canada by the end of their authorized stay, which can sometimes be tricky if the person has previous overstayed. As well, if the foreign national wants to work or study, then they will need to demonstrate to CBSA that they are eligible to do so. Restoration of Status For many, exiting … Read More
IRCC/ESDC Employer Compliance Inspections
All employers of temporary foreign workers in Canada need to understand how the employer compliance regime works. Both Immigration, Refugees and Citizenship Canada (“IRCC”) as well as the Department of Employment and Social Development (“ESDC”) regularly audit and inspect the employers of foreign workers to make sure that they are complying with the Temporary Foreign Worker Program and/or the International Mobility Program (which are the two main programs through which foreign nationals can work in Canada). Both ESDC and IRCC have indicated that about 25% of employers can expect an inspection in any given year. Most of these inspections and audits start with the employer receiving a letter from the Government of Canada informing them that they will be examined on a multitude of factors, including whether they have employed the foreign national in the job that they were supposed to, whether they paid the wages that they were supposed to, whether the employer complied with laws regulating employment, whether they maintained records and whether they took reasonable efforts to provide a workplace that was free of abuse. I have embedded below the standard employer compliance letter that is sent out at the start of an audit. Consequences of Non-Compliance There … Read More
The Post-Graduation Work Permit
Canada’s Post-Graduate Work Permit (“PGWP”) program (the “PGWPP“) allows international students who have completed certain Canadian post-secondary programs to obtain work permits after graduating. The work permits are open, meaning that the graduates can work for any employer in any Canadian province. It is a fantastic program that enhances the competitiveness of Canadian post-secondary institutions internationally, and is normally an essential transitory step for international graduates looking to eventually obtain Canadian permanent residency. However, every year there are many international students who mistakenly think that they will be eligible to participate in the program after graduating only to discover midway through their studies that they cannot. It is accordingly very important that all international students in Canada understand how the PGWP program works. Basis in Law Section 205 of Canada’s Immigration and Refugee Protection Regulations provides the government with the authority to create programs to issue work permits to foreign nationals when it is satisfied that public policy objectives relating to the competiveness of Canada’s economy or academic institutions are met. The PGWPP is one of these programs, and detailed information about it can be found on the Immigration, Refugees and Citizenship Canada (“IRCC“) website here. As the Federal Court … Read More
Inadmissible for Crimes Against Humanity
Section 35 of the Immigration and Refugee Protection Act (the “IRPA“) provides that: Human or international rights violations 35 (1) A permanent resident or a foreign national is inadmissible on grounds of violating human or international rights for (a) committing an act outside Canada that constitutes an offence referred to in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act; (b) being a prescribed senior official in the service of a government that, in the opinion of the Minister, engages or has engaged in terrorism, systematic or gross human rights violations, or genocide, a war crime or a crime against humanity within the meaning of subsections 6(3) to (5) of the Crimes Against Humanity and War Crimes Act; or (c) being a person, other than a permanent resident, whose entry into or stay in Canada is restricted pursuant to a decision, resolution or measure of an international organization of states or association of states, of which Canada is a member, that imposes sanctions on a country against which Canada has imposed or has agreed to impose sanctions in concert with that organization or association. Internal Guideline Immigration, Refugees and Citizenship Canada (“IRCC“) has produced a useful internal document … Read More
Procedural Fairness Where Credibility is an Issue
In an application to Immigration, Refugees and Citizenship Canada (“IRCC“) the burden is on the applicant to put forward a complete, convincing and unambiguous application which provides sufficient evidence to establish that the requirements of Canadian immigration legislation are met. Visa officers are not under an obligation to ask for additional information where the submitted material is insufficient. As well, as demonstrated by the decision in Omitogun v. Canada (Citizenship and Immigration), 2024 FC 719, visa officers are under no obligation to review an applicant’s previously submitted applications. However, where there is a concern regarding the credibility or the genuineness of the evidence submitted, as opposed to the sufficiency of, or weight to be given, to that information, then the duty of fairness generally requires that the applicant be given the opportunity to address the concern. The Federal Court succintently set out the test in Fard v. Canada (Citizenship and Immigration), 2024 FC 1403, writing: Where an officer suggests that the applicant’s supporting documents serve a “demonstrative purpose” amounting to a “deceptive façade” (Taeb v Canada (Citizenship and Immigration) 2023 FC 576 at para 6) or where, as here, the officer states that the applicant’s financial data has been “inflated” … Read More
Study Permit Financial Sufficiency
The Immigration, Refugees and Citizenship Canada Guidelines state: Students are required to demonstrate financial sufficiency for only the first year of studies, regardless of the duration of the course or program of studies in which they are enrolled. In other words, a single student entering a four-year degree program with an annual tuition fee of $15,000 must demonstrate funds of $15,000 to satisfy the requirements, and not the full $60,000 which would be required for four years. Officers should be satisfied however that the probability of funding for future years does exist (i.e., parents are employed); scholarship is for more than one year. Applications for extensions made to CPC-E must also meet this requirement. In assessing the adequacy of a student’s financial resources, officers may exercise discretion in the documentation they request from applicants. In situations where student applicants generally pose a very low risk regarding funds, officers may choose to limit or waive routine requirements for documentary evidence. Low-risk applicants are more likely to be exempted from the requirement to obtain a temporary resident visa. Based on the known incidence of indigent and non-bona fide applicants, reliability of financial documentation, and so forth, individual visa offices are best placed … Read More