The Alberta Immigrant Nominee Program (“AINP“) currently has three streams. Employer Driven Stream Strategic Recruitment Stream Self-Employed Farmer Stream Employer Driven Stream The AINP Employer-Driven Stream is for: Alberta Employers who want to retain a foreign worker on a permanent, full-time basis where there is a challenge finding Albertans/Canadians to fill the position; and Foreign workers with a permanent, full-time job offer from an Alberta Employer who intend to live and work in Alberta permanently. It includes the following substreams: Skilled Worker Category International Graduates Category Semi-Skilled Worker Category Please note that individuals in the following circumstances are not eligible under the Strategic Recruitment Stream: Refugee claimants, or individuals involved in a federal appeal or removal process; Live-in caregivers currently living in Canada; Temporary foreign workers working and residing in a province other than Alberta; and International students studying in Canada and doing co-op work placements or internships as part of their study program Skilled Worker Category In order to be eligible under the Skilled Worker Category, the employer must: Be incorporated or registered as a business in Alberta by or under an act of the legislature of a province or the Parliament of Canada and operating as a business … Read More
Borderlines Episode #12 – Tips on making written and oral arguments in court, with Justice Alan Diner
The Honourable Alan S. Diner is a judge with the Federal Court of Canada. Prior to his appointment, Justice Diner headed Baker & McKenzie LLP’s immigration practice. He was also involved with managing the establishment and implementation of Ontario’s Provincial Nominee Program for the Ministry of Citizenship and Immigration. We are grateful to Justice Diner for the time that he took in preparing for this podcast about tips and best practices in appearing before the Federal Court of Canada, including in providing a customised powerpoint, which can be found on our website at http://www.borderlines.ca. As Justice Diner notes, many of the tips and strategies contained in this episode are applicable beyond judicial review, and will be beneficial to anyone preparing written submissions or making oral presentations. A review of what we discussed is as follows: 1:18 – Justice Diner describes his history going from being an immigrant in Canada to leading a corporate immigration law practice to becoming a judge with the Federal Court of Canada. 14:30 – We discuss how the practice of immigration law is changing as larger firms and global accounting firms enter the practice area. 18:30 – Justice Diner provides his first three tips to lawyers appearing … Read More
Self Employment and the Canadian Experience Class
Big decision. The Federal Court has ruled that owning the majority of shares in a company and being president can count as self-employment. http://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/214532/index.do
When Visa Officers Contradict the Immigration Website
Towards the end of 2016 the Canadian government made many changes to Canada’s immigration programs. The parents and grandparents sponsorship program went from being first-come, first-serve to a lottery system, arranged employment through a Labour Market Impact Assessment went from guaranteeing someone an invitation to apply for Canadian permanent residency to only being a factor slightly more significant than the newly introduced factor of Canadian post-secondary education, and Canada lifted the visa requirement against Mexican nationals. The rate of change will continue to be fast in 2017. Already, the government has announced that it will lift the visa requirement against Brazil, Bulgaria, and Romania, that it would introduce a work permit program for highly skilled foreign workers, that having relatives in Canada will increase one’s chances of being issued an invitation to apply for permanent residency, and that Canada will ratify the Comprehensive Economic Trade Agreement between Canada and the European Union, which will make it easier for Europeans to work in Canada. At the same time that the rate of the pace of changes is increasing, the Canadian government has also expanded the number of ways in which it publicizes these announcements. Many have been introduced through legislative amendments. … Read More
Borderlines Episode #11 – Tensions between political oversight and politicizing officer decisions, with Lorne Sossin
We discuss three topics. The first is the oversight of police, CBSA, and immigration officers in Canada. How do we ensure that there is political oversight and accountability without politicizing the day to day operations of individual officers? The second topic is a discussion of Charter rights and Charter values in the immigration context. Finally, we talk about whether it is OK that in Canada individual immigration officers can create an apply their own standards of the law. Lorne Sossin is the Dean of Osgoode Hall Law School. Prior to his appointment, he was a Professor with the Faculty of Law at the University of Toronto. Dean Sossin also serves on the Boards of the National Judicial Institute and the Law Commission of Ontario. He has also acted as Research Director for the Law Society of Upper Canada’s Task Force on the Independence of the Bar. A review of what we discussed is as follows: 00:00 – Introduction 00:51 – Steven Meurrens says what one of his favorite things about law school is. 01:14 – Overview of topics 02:55 – The role of federalism in police oversight. 06:30 – Is criminal law local or is it national? 09:09 – What … Read More
Fettering Discretion
In Gabriel v. Canada (Citizenship and Immigration), the officer stated: Unfortunately, the regulations are silent regarding medical conditions of dependent children and determining their eligibility as dependents. Since there is no mention of [ ] medical condition exceptions Michael is not considered a dependent. While I empathize with Michael and his mother I am not satisfied that an exception should be made in this case. The decision to remove Michael from the application stands. The Federal Court noted that this amounted to fettering discretion, stating that: In my view the Decision shows that the Officer believed that, because the Regulations did not mention the possibility of an exception from the requirement for continuous study for students who became ill, she could not give Michael the benefit of such an exception and include him in Rose’s application for permanent residence as a dependent child notwithstanding the Absence.
Parent & Grandparent Sponsorship Program to be a Lottery in 2017
On December 14, 2016 the Government of Canada announced that it would be changing the application process in Immigration, Refugees and Citizenship Canada’s (“IRCC“) Parent & Grandparent Sponsorship Program (the “PGP“). For the past several years IRCC’s PGP has been capped at between 5,000 and 10,000 applicants. Applications were treated on a first-come, first-served basis. The PGP would typically open in early January, and the cap would be reached in under 48 hours. This caused most applicants to scramble to submit applications early in the new year. The process in 2017 will more resemble a lottery system. Between January 3 and February 2, 2017, Canadian citizens and permanent residents who want to apply as sponsors must first complete an online form on the IRCC website indicating their intention to IRCC that they wish to sponsor their parents and/or grandparents for immigration. The online form will be available for 30 days, from noon Eastern Standard Time (EST) on January 3, 2017, to noon EST on February 2, 2017. The form will ask basic questions about the sponsor, including biographical and contact information. Once the information is successfully submitted through IRCC’s online form, the individual will get a confirmation number. At the end … Read More
Four Year Cap on Temporary Foreign Workers
Please note that on December 13, 2016, the Government of Canada abolished the 4 year cap on foreign workers. On April 1, 2011, Citizenship and Immigration Canada introduced a four-year cap on the maximum allowable cumulative duration that a Temporary Foreign Worker (“TFW”) can work in Canada. Generally, once a foreign national has accumulated four years of work, he or she will be ineligible to work in Canada again until a period of four years has elapsed. What Do Employers Need to Know Before hiring a foreign worker, an employer should know the total time that the foreign worker has worked in Canada. It would be unfortunate and costly to offer someone a job only to then discover that the person can either only work for a limited period, or not at all. Example: Since April 1, 2011, a TFW has accumulated three years of work in Canada, and is now applying for a two-year work permit in an occupation that is not listed in the ‘exceptions’. The work permit would only be issued for one year. All work performed in Canada since April 1, 2011 — regardless of whether or not it was authorized by a work permit or exempt … Read More
Borderlines Episode 10 – Canadian National Security Law, Bill C-51 and Trudeau’s Reforms, with Professor Kent Roach
This episode contains an overview of the history of national security law in Canada, starting with the MacDonald Commission and the October Crisis of 1970, the formation of the Canadian Security and Intelligence Service, the Air India bombing, the Arar Inquiry, 9/11, and Bill C-51. We also discuss the roles of CSIS, the Communication Security Establishment, the Royal Canadian Mounted Police, and the Canada Border Services Agency, in administering Canadian national security legislation. Finally, Professor Roach provides an in depth analysis of several controversial elements of the previous Conservative Government of Canada’s Bill C-51, and the current Liberal Government of Canada’s response under Prime Minister Trudeau. Kent Roach is a Professor of Law and the Prichard-Wilson Chair of Law and Public Policy at the University of Toronto. He is a Member of the Order of Canada and is considered to be one of the foremost experts on national security legislation in Canada. Kent begins by providing an overview of national security law in Canada, starting with the MacDonald Commission and the October Crisis of 1970, the formation of the Canadian Security and Intelligence Service, the Air India bombing, the Arar Inquiry, 9/11, and Bill C-51. He then summarises the roles of … Read More
Staying Removal at Federal Court
The Federal Court of Canada can provide interlocutory stays, including staying removal. There is a three-stage test to be applied when considering an application for an interlocutory injunction. A court must determine that there is a serious issue or question to be tried, that the applicant would suffer irreparable harm if the injunction were to be refused, and that the balance of convenience (assessed by examining which of the parties will suffer the greater harm from granting or refusing the injunction) rests with the applicant. As well, it is important to note that a stay of removal is an equitable remedy that is typically only available to an individual who has not committed an inequity. Irreparable Harm The Supreme Court of Canada describes ‘irreparable harm’ as follow: “Irreparable” refers to the nature of the harm suffered rather than its magnitude. It is harm which either cannot be quantified in monetary terms or which cannot be cured, usually because one party cannot collect damages from the other. In other words, harm which can be avoided, or if unavoidable can be cured, is not irreparable harm. Irreparable harm is often the deciding factor in an interlocutory motion. In British Columbia Civil Liberties Association v. Canada (Citizenship and Immigration), for example, … Read More