During the past couple months, our office has received several frantic phone calls from people (often real estate agents or bankers) telling us that a family who was immigrating to Canada under a Provincial Nominee Program was detained by the Canada Border Services Agency
Overview of Detention
On October 29, 2010, the Immigration and Refugee Board released Guideline 2 on Detention. The Guidelines are to assist Immigration Division members in determining whether or not to hold an individual in detention.
Changes to the Start-Up Visa Program
On October 25, 2013, Citizenship and Immigration Canada (“CIC”) amended the Start-Up Business Class, and announced that the changes will take affect on October 26, 2013. The previous Ministerial Instructions respecting the program have been repealed. The Start-Up Business Class is a federal economic immigration program, and compliments the Federal Skilled Worker Class, the Canadian Experience Class, the Provincial Nominee Class, and the Federal Skilled Trades Class. The Start-Up Business Class will be open until March 31, 2018. Program Requirements A foreign national will be eligible to apply to the Start-Up Business Class if they meet all of the following requirements: The foreign national has obtained a commitment from either: a designated business incubator confirming that it is accepting the foreign national’s qualifying business into its business incubator program; a Designated Angel Investor Group of at least $75,000 in a “qualifying business” or two or more Designated Angel Investor Groups that together will be investing a total of at least $75,000 in a business; or a Designated Venture Capital Fund of at least $200,000 or two or more designated venture capital funds that together will be investing a total of at least $200,000 in the qualifying business. The foreign … Read More
The Expression of Interest Immigration System
On October 22, 2013, the Conservative Government of Canada tabled its latest omnibus budget bill, titled “A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures” (the “2nd 2013 Budget Implementation Act“) Totalling 327 pages, the 2nd 2013 Budget Implementation Act introduces the “expression of interest” immigration system into the Immigration and Refugee Protection Act, sc 2001, c 27 (“IRPA”). Division 16 of the 2nd 2013 Budget Implementation Act states: Division 16, Immigration and Refugee Protection Act Amendments to the Act 290. Part 1 of the Immigration and Refugee Protection Act is amended by adding the following after the heading “IMMIGRATION TO CANADA”: Division 0.1 Invitation to Make an Application Application for permanent residence — invitation to apply 10.1 (1) A foreign national who seeks to enter or remain in Canada as a member of a class that is referred to in an instruction given under paragraph 10.3(1)(a) may make an application for permanent residence only if the Minister has issued them an invitation to do so, the invitation has not been cancelled under subsection 10.2(5) and the applicable period specified in an instruction given under paragraph 10.3(1)(k) has not expired. Limitation (2) An instruction may be given under paragraph … Read More
Saskatchewan’s Foreign Worker Recruitment and Immigration Services Act
As previously indicated in this blog post, the Government of Saskatchewan has taken an increasingly aggressive stance in combating immigration related abuses by consultants, recruiters, and employers. The Government of Saskatchewan has faced difficulties in doing so (including pushback from the courts), however, because of the lack of a statutory framework. It is therefore not surprising that on October 11, 2013, the Government of Saskatchewan proclaimed The Foreign Worker Recruitment and Immigration Services Act (the “Act“) and The Foreign Worker Recruitment and Immigration Services Regulations (the “Regulations“). According to this news release by the Province of Saskatchewan, the Act and the Regulations will impact immigration consultants and employers of foreign workers as follows: Require that immigration consultants be licensed and sign open and transparent contracts with employers and foreign nationals; Require that employers of foreign nationals be registered; Prohibit employers from charging or recovering recruitment fees from foreign nationals; Prohibit unethical conduct against foreign nationals, such as withholding documents or other property, threatening deportation or providing misleading information; Allow foreign workers and immigrants to seek compensation if they incur costs that are considered illegal under the Act; and Allow fines to be levied of up to $50,000 for an individual and $100,000 for a corporation, and … Read More
LMO Q&A: Who Can Be the Employer Contact? (OPS/BE-001)
My decision to publish e-mail exchanges between immigration representatives and Citizenship and Immigration Canada which I received through Access to Information Act requests has been met very favourably by blog readers. I am now expanding this to internal correspondence between Temporary Foreign Worker Program officers at Service Canada and Business Expertise Consultants. The following is an exchange between a Service Canada officer and a Business Expertise Consultant regarding who can be the employer contact in a LMO application. My thoughts on the exchange are at the bottom of the reproduction. Please note that what I have reproduced below should not be viewed as legal advice. I obtained a copy of this internal Service Canada question and answer through an Access to Information Act request (the “ATI”). 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. (I have decided not to reproduce the names of the Service Canada officers involved.) Please e-mail me if you want a copy of the original question and answer contained in the ATI. Background: ███████ has a 3’d party ███████ and his mailing address is ███████. This ID has 26 pages of activity in FWS, the last of … Read More
Question & Answer – Location of Rehab Application (IR-09)
The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada (“CIC”) regarding criminal rehabilitation applications. Criminal rehabilitation applications are the process through which certain criminally inadmissible individuals can apply to become admissible to Canada, and resolve their inadmissibility. Please note that what I have reproduced below should not be viewed as legal advice. I obtained a copy of this internal CIC question and answer through an Access to Information Act request the (“ATI”). 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. Please e-mail me if you want a copy of the original question and answer contained in the ATI. Question – May 20, 2013 Dear Madam, Sir, My client is a foreign national who filed a PR application based on the spousal category from outside Canada (i.e. in CPC Mississauga). He also needs an Approval for Rehabilitation, however, and is currently temporarily in Canada on a TRP. At the Immigration Summit last November in Toronto, I heard a GIC representative suggest that the PR sponsorship and the Rehab should be submitted together to CPC Mississauga. Therefore, that is what I did for … Read More
Question & Answer – Renewing IEC Work Permit (IR-08)
The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada (“CIC”) regarding International Experience Canada (the “IEC”). The IEC, more commonly known as the Working Holiday Program (which is actually a program within the IEC), allows young people from several dozen countries to work in Canada on open work permits. As with any program, questions emerged regarding specific requirements, including whether IEC work permits can be extended. Please note that what I have reproduced below should not be viewed as legal advice. I obtained a copy of this internal CIC question and answer through an Access to Information Act request the (“ATI”). 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. Please e-mail me if you want a copy of the original question and answer contained in the ATI. Question – May 13, 2013 Dear Sir or Madam: I wish to seek your advice concerning the following situation. I have a client, an _______, who came to Canada on a work permit issued to him on ___________ through the International Experience Canada (IEC) program. His work permit is valid to … Read More
Question & Answer – Post Grad Work Permit Continuity (IR-07)
The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada regarding Post-Graduation Work Permits. The Post-Graduate Work Permit is a phenomenal program which allows graduates of Canadian post-secondary students to work in Canada on open work permits. It is not clear, however, whether people who complete a program, and then go into another program that they don’t complete, are eligible. 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 18, 2013 Dear Madam I Sir, I have a question about post-graduate work permits and Operational Bulletin 194. http://www. cic. qc. ca/english/resources/manuals/bulletins/20 1 0/ob 194A. asp OB 194 is clear that when an individual completes a credential, and then earns another credential immediately after completing the first, then the individual can combine the duration of the two programs when calculating the length of validity his/her post-graduate work permit My question pertains to the opposite scenario. Where an individual completes a credential, and then immediately starts a different program but does not complete it, then is … Read More
Ontario Superior Court upholds Constitutionality of Citizenship Oath Requirement
On September 20, 2013, Justice Edward Morgan of the Ontario Superior Court of Justice (the “ONSC“) released his decision in McAteer et al v. Attorney General of Canada, 2013 ONSC 5895 (“McAteer“). McAteer involved a constitutional challenge to the citizenship oath requirement on the grounds that the requirement violates the constitutional protections of freedom of expression, freedom of religion, and equality that are found in The Canadian Charter of Rights and Freedoms (the “Charter“). Ultimately, while the ONSC determined that the citizenship oath requirement does indeed violate s. 2(b) of the Charter‘s right to freedom of expression, the ONSC ultimately found that the breach was justified under the reasonable limits test under s. 1. The ONSC also held that the citizenship oath requirement does not breach either s. 2(a) or 15 of the Charter, which protect freedom of religion and equality. In reaching its decision, the ONSC interpreted the citizenship oath’s references to the queen in a very different way than I think most people do. It is this interpretation that is going to be the subject of this blog post, as I think the McAteer decision can provide some meaning and significance to potential oath takers. (For those interested in reading a summary of how Justice Morgan analysed the Charter challenges, … Read More