Subsection 25(1) of Canada’s Immigration and Refugee Protection Act provides immigration officers with the flexibility to grant on humanitarian and compassionate (“H&C“) exemptions to overcome the requirement of obtaining a permanent residence visa from abroad and/or to overcome class eligibility requirements and/or inadmissibilities. H&C applications may be based on a number factors, including: establishment in Canada; ties to Canada; the best interests of any children affected by their application; factors in their country of origin (this includes but is not limited to: Medical inadequacies, discrimination that does not amount to persecution, harassment or other hardships that are not related to a fear of return based on refugee determination factors; health considerations; family violence considerations; consequences of the separation of relatives; inability to leave Canada has led to establishment; and/or any other relevant factor they wish to have considered not related to a fear of return based on refugee determination factors. The purpose of this post is to focus on the establishment factor. Establishment in Canada Immigration, Refugees and Citizenship Canada’s Guidelines (the “Guidelines“) provides that the degree of an applicant’s establishment may be assessed by analyzing the following questions: Does the applicant have a history of stable employment? Is there a pattern of sound financial management? … Read More
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
Non-Accompanying Dependants and Medical Exams
One of the more frustrating aspects for prospective immigrants is Citizenship and Immigration Canada’s (“CIC”) general requirement that they have their non-accompanying dependants (spouses and children) undergo medical and criminal examination. The task can be taunting for those who do not have full custody of their non-accompanying children. However, CIC’s requirement is understandable in light of Canadian immigration legislation..
The Return of Incomplete Applications
One of the most frustrating experiences for people applying for visas is to have an application returned due to incompleteness. Because of processing delays, it often takes Immigration, Refugees and Citizenship Canada (“IRCC“) months to return an incomplete application, and applicants have to then start over.
Tips on Hiring a Representative
Immigration, Refugees and Citizenship Canada (“IRCC”) will often tell people that they do not need to hire a lawyer or consultant in order to immigrate to Canada. They are right. In 2018 IRCC approved 191,337 applications for permanent residence. Of these, 7,334 were represented by a lawyer, 11,262 were represented by a regulated consultant, 52,066 were represented by a family member or friend, and 191,337 had no representative. IRCC in 2018 also approved 17,678 applications in which there was a lawyer as representative, 17,554 in which there was a regulated consultant, 258,802 in which the representative was a family member or a friend, and 2,448,311 in which the person was unrepresented. While the above statistics do not show approval rates or refusals, which are not publicly available nor do I possess, and it is possible that there is a prevalence of ghost representation that is not reflected in the statistics, the approval figures certainly demonstrate that it is not necessary to hire a representative to immigrate to Canada. Do You Need a Lawyer When someone asks whether they need a representative in their application I typically tell them to review the IRCC website, forms and document checklists and to then … Read More
C-20 Work Permits
Regulation 205(b) of the Immigration and Refugee Protection Regulations provide that: 205 – A work permit may be issued under section 200 to a foreign national who intends to perform work that (b) would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries. Immigration, Refugees and Citizenship Canada (“IRCC”) accordingly has a Labour Market Impact Assessment Confirmation Exemption Code C-20 which allows foreign workers to take up employment in Canada when Canadians have similar reciprocal opportunities abroad. As per the IRCC website, entry under reciprocal provisions should result in a neutral labour market impact. This provision also allows for admission of workers where reciprocity is demonstrated by the Canadian employer (or specific program administrator). The IRCC website further states: This could be indicated in the exchange agreement between the Canadian and foreign parties, a letter from the receiving Canadian institution, the work contract (if it provides evidence of reciprocity) and, if necessary, the officer can request documents and/or data to enable verification of reciprocal employment volumes. Bona fide evidence of reciprocity will allow the officer to issue a work permit. It is not necessary that there be exact reciprocity (i.e. one for one exchange), but the general … 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
The Minimum Necessary Income and Family Class Sponsorships
One of the requirements to being a sponsor in both the Family Class and the Spouse or Common-Law Partner in Canada Class is that the sponsor must on the day that the application is submitted and until the application is assessed have a minimum necessary income. For most types of family sponsorships, the income must be equal to the minimum necessary income, which is statutorily defined as being equal to Statistics Canada Low Income Cutoff (“LICO“). The current LICO requirements are as follows: Size of Family Unit Minimum necessary income 1 person (the sponsor) $24,949 2 persons $31,061 3 persons $38,185 4 persons $46,362 5 persons $52,583 6 persons $59,304 7 persons $66,027 More than 7 persons, for each additional person, add $6,628 For sponsors seeking to sponsor their parents and/or grandparents, the income must be equal to the minimum necessary income plus 30% for each of the three consecutive taxation years immediately preceding the date of filing of the sponsorship application. The current requirements are as follows: Total number of persons you would be responsible for Minimum income required for the 3 taxation years right before the date of your application 2018 2017 2016 2 persons $40,379 $39,813 $39,371 3 … Read More
Functus Officio
The principle of functus officio is based upon the finality of judgments and jurisdiction that once a formal decision is rendered, signed and communicated to the parties it cannot be re-opened. The Supreme Court of Canada’s decision in Chandler v. Alberta Association of Architects, [1989] 2 S.C.R. 848, is the leading case on functus officio. There, Justice Sopinka wrote that: As a general rule, once such a tribunal has reached a final decision in respect to the matter that is before it in accordance with its enabling statute, that decision cannot be revisited because the tribunal has changed its mind, made an error within jurisdiction or because there has been a change of circumstances. It can only do so if authorized by statute or if there has been a slip or error within the exceptions enunciated in Paper Machinery Ltd. v. J. O. Ross Engineering Corp., supra. To this extent, the principle of functus officio applies. It is based, however, on the policy ground which favours finality of proceedingsrather than the rule which was developed with respect to formal judgments of a court whose decision was subject to a full appeal. For this reason I am of the opinion that its application must be more flexible and less formalistic … Read More
Educational Credential Assessments
An Educational Credential Assessment is a report by a designated company company that evaluates an individual’s foreign education and compares it to a Canadian equivalent. It is necessary to be eligible for the Federal Skilled Worker Program, to get education points in Express Entry and for certain provincial nomination programs. The designated organizations are: Comparative Education Service: University of Toronto School of Continuing Studies; International Credential Assessment Service of Canada; World Education Services; International Qualifications Assessment Service; International Credential Evaluations Service; Medical Council of Canada; and Pharmacy Examining Board of Canada. The Medical Council of Canada has been designated only for those applicants who intend to apply with “specialist physician” or “general practitioner/family physician” as their primary occupation in their application. Jurisprudence Immigration, Refugees and Citizenship Canada (“IRCC”) will follow what a designated entity states in its Educational Credential Assessment (an “ECA”). In Ijaz v. Canada (Citizenship and Immigration), 2015 FC 67, the Federal Court of Canada affirmed that that visa officers can simply follow exactly what an ECA, stating that: In my view, based on the foregoing, it was open to the Officer to interpret the WES educational assessment and the IRP Regulations as he did, being that the WES equivalency … Read More