The doctrine of legitimate expectations is a procedural doctrine which has its source in the common law. Because the doctrine of legitimate expectations is a common law principle, it does not create substantive rights.
Moratorium on Labour Market Opinions for the Food Services Sector
On April 24, 2014, Jason Kenney, the Minister of Employment and Social Development, abruptly announced a moratorium on the Food Services Sector’s ability to participate in the Labour Market Opinion (“LMO”) program. Effective immediately, Service Canada will refuse to process LMO applications from employers in the Food Services Sector. As well, all current LMOs for employers the Food Services Sector are suspended. The Businesses that are Affected The businesses that are affected are employers that are classified in the 2002 North American Industrial Classification System as Food Services and Drinking Places. This industry comprises establishments that are primarily engaged in preparing meals, snacks, and beverages for immediate consumption on and off the premises. It does not include food services activities that occur within establishments such as hotels, civic and social associations, amusement and recreation parks, and theatres. However, leased food-service locations in facilities such as hotels, shopping malls, airports, and department stores are included. Examples of businesses which are included include: Full-Service Restaurants Limited-Service Eating Places Mobile Food Services Food Services Contractors (such as establishments that provide food services to airlines, and operations that run food concessions at sports and similar venues) Caterers Drinking Places Examples of businesses which are not … Read More
Language Requirements for Immigration (IR-11)
During the time that I have been writing this blog the most frequently asked question that readers have asked me is whether their IELTS band scores are sufficient for certain immigration programs. Some people have even offered to book initial consultations with me just so that I would review their IELTS scores. This has always been somewhat surprising to me given that the Immigration, Refugees and Citizenship Canada (“IRCC) website publishes each of its program’s respective language requirements in a clear and concise manner. Indeed, it is not just members of the general public that seem to be confused. As shown in the exchange below, which I obtained through an Access to Information Act request, some immigration lawyers are unclear of the requirements. (Please note that what I have reproduced below should not be viewed as legal advice. The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.) Question – May 21, 2013 Dear Sir/ Madam, I have been referred to your office, by Karen Flynn, of NHQ-Immigration in Ottawa, her phone number is _______. I practice immigration law in Toronto, and I have the … Read More
Questions & Answers – Student Work Experience and CEC (IR-10)
The Canadian Experience Class (“CEC”) allows individuals with one-year skilled work experience in Canada to acquire permanent residency. In November 2013, the Government of Canada through Ministerial Instructions introduced significant limitations to the program. We sent a newsletter to our subscribers outlining the changes to the CEC, and I have reproduced on my blog a copy of that newsletter article. As well, in December 2013 The Canadian Immigrant Magazine published an article of mine in which I outlined alternate programs for people who became ineligible to apply to the CEC. In a previous blog post, I also reproduced an Access to Information Act result in which Citizenship and Immigration Canada confirmed to an immigration representative that work experience for a foreign employer counts towards the CEC’s work experience requirement. In today’s post I will be reproducing a similar Q&A between an immigration representative and Citizenship and Immigration Canada regarding whether work experience obtained during full-time studies counts towards the CEC’s work experience requirement. I will also be reproducing part of Citizenship and Immigration Canada’s Overseas Processing Manual 25A – Canadian Experience Class (“OP25A”), which discusses the issue. Full-Time Study, Summer Breaks, and the Canadian Experience Class Section 87.1(3)(a) of the Immigration and Refugee Protection Regulations provides … Read More
Study Permit Regulations to be Overhauled June 1, 2014
On February 12, 2014, the Government of Canada stated that it had made regulatory amendments to the Immigration and Refugee Protection Regulations (“IRPR”) which will take affect on June 1, 2014. The changes will alter Canada’s international student landscape. The new rules are being introduced because the Government of Canada has been concerned that some educational institutions have been taking advantage of international students. (One of my biggest annoyances is meeting with international students who state that their private post-secondary schools misled them into thinking that they would be eligible for post-graduate work permits.) The government has even suspected some educational institutes are little more than “visa mills” whose primary purpose is to get students work permits. As well, there has been an increasing tendency of internationals students using study permits as a means to enter Canada for purposes other than study, including employment, and, allegedly, criminal purposes. Canada’s reputable post-secondary institutions, which have to compete for the best and brightest international students, have been unamused with how some of the unscrupulous behaviour has impacted their ability to market. The changes are: Current regulations New regulations, as of June 1, 2014 Applicants must show that they intend to pursue studies in Canada when … Read More
Government of Canada To Terminate Federal Investor Queue
Ever since the Federal Court dismissed a class-action lawsuit over the Government of Canada’s decision to terminate the Federal Skilled Worker Program backlog, many immigration practitioners have wondered if the government would do the same thing to the Federal Immigrant Investor Program (“FIIP”) backlog. On February 11, 2014, the governing Conservative Party of Canada stated that it would. The 2014 federal budget, called Economic Action Plan 2014, states that the Government of Canada intends to return and refund “certain” FIIP applicants who applied before February 11, 2014. The FIIP Under the FIIP, Canada offers permanent residence in exchange for a guaranteed $800,000 loan (before 2010, the amount was $400,000). The FIIP has long faced criticism. In 2010, Ryan Rosenberg, a Partner at our firm, wrote in The Canadian Immigrant that: Many savvy investors, like my client, look at a $400,000 investment without interest as a lost opportunity and, instead of investing the full amount, seek out financing from one of a number of government-authorized financial intermediaries (“banks”). For years now, the banks themselves, consultants and lawyers have promoted a financing option at $120,000. For $120,000, a bank will lend an investor funds required for investment under the program and facilitate … Read More
Canada to Change Citizenship Requirements
On February 6, 2014 the Government of Canada introduced Bill C-24, The Strengthening Canadian Citizenship Act. If passed, Bill C-24 will significantly change the requirements for Canadian citizenship. Prospective citizenship applicants who may not meet the new requirements once Bill C-24 passes are encouraged to apply for Canadian citizenship as soon as possible. The new residency provisions described below will come into effect on June 11, 2015. The following is a summary of the main changes that the Government of Canada is introducing. Residence and other Basic Requirements Under Canada’s current system, a permanent resident can apply for Canadian citizenship if he/she has resided in Canada for three out of the four years preceding the citizenship application. Because the definition of “residence” is not defined, it has been possible for permanent residents who have not been physically present in Canada for three out of four years to obtain citizenship if they could show substantial ties to Canada. As well, each day that an applicant lawfully resides in Canada before becoming a permanent resident counts as a half-day towards the residency requirement. This means that many people can apply for citizenship 2 years after obtaining permanent resident status. Finally, Canada’s current citizenship requirements do … Read More
Immigration Applications are not Processed in the Order that they are Received
[Editor’s Note: The following appeared in the September 2012 version of The Canadian Immigrant. In drafting a blog post about a similar topic I realized that I had never posted the article below to my blog. I am therefore posting this today. The title in The Canadian Immigrant article was “What Applicants Should Look for In New Immigration Rules.“] People who follow Canada’s immigration system have undoubtedly had trouble keeping up with the rapid changes that Citizenship and Immigration Canada has introduced in the past several months. From the termination of 300,000 federal skilled worker applications to the proposed “Start-up Visa,” the announcements have been fast and furious, and each one has been debated extensively. In discussing each individual change, however, the public discourse has largely missed the shift in the forest by focusing on each tree. There is a fundamental transformation underway in Canada’s immigration system, and it is important that anyone submitting a visa application understand this before applying. First in, first processed Traditionally, Canada’s immigration system operated on a first-come first-processed basis. Our immigration legislation created programs under which eligible applicants could apply. People submitted applications under various programs with the understanding that while they would have to … Read More
Can My Child Go to School for Free in British Columbia?
Although it is not directly related to immigration, one of the questions that we are often asked is whether someone’s child is eligible for publicly funded education in British Columbia. Many school board websites, such as the Vancouver School Board‘s, state which documents certain foreign nationals and permanent residents should provide so that their children may attend publicly-funded elementary and/or secondary school. However, many people (including some staff at these school boards) are unaware of the “why” or the policies behind the information on these websites. The predictable result is uncertainty as soon as scenarios which are not listed on school board websites occur. The Law Section 82 of British Columbia’s School Act provides that school boards must provide education free of charge to every student of school age if the student and the student’s guardian are ordinarily resident in British Columbia. It states: 82 (1) A board must provide free of charge to every student of school age resident in British Columbia and enrolled in an educational program in a school operated by the board, (a) instruction in an educational program sufficient to meet the general requirements for graduation, (b) instruction in an educational program after the student has met the general … Read More
The Beyond the Border Initiative – ETA, Information Sharing, Tracking Exits
[The following is a slightly edited (to include links) version of an article that I wrote for The Canadian Immigrant.] In February 2011, Canada and the United States agreed to the Beyond the Border: A Shared Vision for Perimeter Security and Economic Competiveness. More commonly known as the Beyond the Border Action Plan, the effect of the agreement was to strengthen co-operation and, in some cases, harmonize Canadian and American immigration practices. The Government of Canada has begun enthusiastically implementing the terms of the Beyond the Border Action Plan, and will in 2014-2015 introduce three significant changes to Canadian immigration legislation that will impact almost everyone who enters Canada. Electronic travel authorization People who wish to visit Canada generally fall into one of two categories: those who need to apply for and obtain temporary resident visas prior to arriving in Canada; and those who can arrive at Canadian ports of entry without first obtaining a visa. This will change in April 2015, when Canada implements the electronic travel authorization (“eTA”) system. All foreign nationals who are exempt from the requirement to obtain a temporary resident visa will instead need to obtain online authorization before they fly to Canada. This includes … Read More