Residency Obligation Appeals

24th Jun 2021 Comments Off on Residency Obligation Appeals

Section 28 of the Immigration and Refugee Protection Act states:

Residency obligation

(28)(1) A permanent resident must comply with a residency obligation with respect to every five-year period.

Application

(2) The following provisions govern the residency obligation under subsection (1):

    • (a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are

      • (i) physically present in Canada,

      • (ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,

      • (iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,

      • (iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or

      • (v) referred to in regulations providing for other means of compliance;

    • (b) it is sufficient for a permanent resident to demonstrate at examination

      • (i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident;

      • (ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination;

 » Read more about: Residency Obligation Appeals  »

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Work Permit for Hong Kong Nationals

9th Jun 2021 Comments Off on Work Permit for Hong Kong Nationals

In 2021 Immigration, Refugees and Citizenship Canada introduced facilitative measures to provide open work permits to residents of Hong Kong.

The following individuals are eligible:

  • residents of Hong Kong as defined in the Immigration and Refugee Protection Regulations, regardless of place of physical residence.  The IRPR defines residency as those who hold a passport issued by Hong Kong Special Administrative Region (HKSAR) of the People’s Republic of China or the United Kingdom to a British National Overseas (a “BNO”), as a person born, naturalized or registered in Hong Kong;
  • immediate and extended family members of Canadian citizens, persons registered under the Indian Act, Canadian permanent residents or protected persons living in Hong Kong regardless of nationality; and
  • immediate family members of Hong Kong residents who will be working or studying in Canada.

Work Permits

As of February 8, 2021, foreign nationals who hold either a HKSAR or BNO passport are eligible to apply for an open work permit under a 2-year temporary resident public policy. Applicants can be residing in Canada or overseas at the time of application. Foreign nationals are not eligible to apply for an open work permit under this public policy at a port of entry. Work permit applications must be submitted online.

Eligible spouses or common-law partners, as well as dependent children, can also apply for a study or work permit, as appropriate.

Applicants must hold either a:

  • degree (for example, bachelor, master, doctorate) from a post-secondary DLI in Canada or an equivalent educational credential earned abroad,
  • post-secondary diploma from a post-secondary DLI in Canada or the equivalent credential from an overseas institution along with an educational credential assessment (ECA) report from an agency approved by IRCC to confirm Canadian equivalency.

 » Read more about: Work Permit for Hong Kong Nationals  »

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Borderlines Podcast #54 – Building the Law Career that You Want, with Dennis McCrea

2nd Jun 2021 Comments Off on Borderlines Podcast #54 – Building the Law Career that You Want, with Dennis McCrea

Dennis McCrea was the founder of McCrea Immigration Law. He started practicing immigration law in 1974, and was one of the original members of Vancouver’s immigration bar. In this episode we discuss how to build an immigration practice, how the practice of immigration law has evolved, avoiding burnout and more.

Borderlines · #54 – Building the Law Career that You Want, with Dennis McCrea

3:00 – How lawyers use to interact with visa officers.

6:00 – The formation of the immigration bar.

11:30 –  Thoughts on whether it is possible to have both a corporate immigration practice and a refugee or enforcement practice.

15:30– Did the practice of immigration law become more or less fun over time?

18:00 – What kept Dennis motivated when it came to practicing immigration law?

22:30 – What type of cases did Dennis enjoy the most?

26:00 – What are some tools that lawyers can use to prevent burnout?

41:00 – Did the practice of immigration law vary depending on which political party were in power?

42:00 – How to retire.

45:00 – How can junior lawyers who are trying to build a practice have time for hobbies?

48:00 – How Steven and Deanna got into immigration.

58:00 – Growing a firm.

1:03:00 – Should you article at an immigration law firm.

1:06:00 – Being too specialized.

1:13:00 – What percent of Dennis’s practice was immigration processing, firm management and enforcement?

1:16:30 – Thoughts on consultants.

1:19:00 – Are decisions getting better or worse? Are boilerplate refusals becoming more or less common?  » Read more about: Borderlines Podcast #54 – Building the Law Career that You Want, with Dennis McCrea  »

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Statistics Canada – Immigration

2nd Jun 2021 Comments Off on Statistics Canada – Immigration

The following are charts from Statistics Canada related to various immigration topics.

1) Likelihood to Have Received CERB

https://www150.statcan.gc.ca/n1/pub/45-28-0001/2021001/article/00021-eng.pdf

 » Read more about: Statistics Canada – Immigration  »

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Borderlines Podcast #49 – The Supreme Court of Canada decision in Chieu and the Ribic Factors

1st Jun 2021 Comments Off on Borderlines Podcast #49 – The Supreme Court of Canada decision in Chieu and the Ribic Factors

Chieu v. Canada (Minister of Citizenship and Immigration), 2002 SCC 3 was a landmark Supreme Court of Canada which affirmed the use of the Ribic factors in the H&C assessment. We discuss these factors and how they are used in immigration appeals.

Borderlines · #49 – The Supreme Court of Canada decision in Chieu and the Ribic Factors

1:00 – How the assessment of Humanitarian & Compassionate considerations has become somewhat nebulus.

4:00 – A case study of Chieu v. Canada

10:00 – What is an example of a negative country condition in someone’s country of citizenship?

13:00 – The decision and principles in Chieu.

15:00 – The Federal Court of Canada in Zhang v. Canada (Citizenship and Immigration), 2020 FC 927, which seems to limit Chieu.

16:00 – The Ribic factors and the types of immigration appeals. 20:00 How much weight each factor should get.

25:00 – Stories about our appeals.

32:00 – The remorse factor and flexibility.

45:00 – The counter arguments to considering country of citizenship conditions.

50:00 – Consents on appeal.  » Read more about: Borderlines Podcast #49 – The Supreme Court of Canada decision in Chieu and the Ribic Factors  »

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Borderlines Podcast Episode 48 – Responding to Procedural Fairness Letters, with Raj Sharma

17th May 2021 Comments Off on Borderlines Podcast Episode 48 – Responding to Procedural Fairness Letters, with Raj Sharma

A discussion about responding to procedural fairness letters with digressions on possible bias against people from Punjab, unreasonable documentation requests, tunnel vision amongst visa officers, how if an officer goes out looking for misrepresentation in an application they will probably find it, aggressively banning people from Canada as a deterrance policy, IRCC misleading Parliament about whether it bounces applications for incompleteness and more.

Raj Sharma is a Partner at Stewart Sharma Harsanyi in Calgary.

Borderlines · #48 – Responding to Procedural Fairness Letters, with Raj Sharma

2:30 When does IRCC have to send a procedural fairness letter vs. being able to refuse an application without one?

15:00 Specific issues with the Canadian visa offices in New Delhi and Chandigarh.

21:00 Racialized assessments of visa applications.

23:00 Why hunting for misrep can lead to misrep findings.

25:00 Misrepresentation as a deterrence policy.

35:00 Is there a specific focus on Punjabs?

44:00 Can you tell if someone is lying as soon as you meet them at the start of an interview?

46:00 Preet Bharara on investigations

50:00 When IRCC believes that a job is fake because no employer would wait as long as IRCC’s processing times to fill a position.

1:00 Procedural fairness letters in the citizenship revocation process.

1:06 Litigation as a way to achieve policy reform.

1:15 Procedural fairness and the bouncing of applications.  » Read more about: Borderlines Podcast Episode 48 – Responding to Procedural Fairness Letters, with Raj Sharma  »

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Borderlines Podcast #53 – Thoughts on Starting a Career in Immigration Law, with Joshua Sohn

17th May 2021 Comments Off on Borderlines Podcast #53 – Thoughts on Starting a Career in Immigration Law, with Joshua Sohn

Joshua Sohn practiced immigration law for over 25 years. He is a past president of the Canadian Bar Association’s Immigration section. He worked both as a sole practicioner, at a small firm and at a big 4 accounting firm. We discuss Joshua’s career, what made him go to law school, whether he took immigration courses in law school, how he started in refugee law, differences between working as a solo practicioner, small firm and eventually at a big 4 accounting firm, and then back to a small firm, differences working in a downtown core vs suburb, and managing the stress of practicing immigration law and running a business. There are a lot of nuggets in here for aspiring lawyers and current practicioners.

Borderlines · #53 – Thoughts on Starting a Career in Immigration Law, with Joshua Sohn

2:00 Quitting social media after retirement.
9:00  Law school
14:00  Articles
17:30 Are there any courses or law schools that are best to help someone start a career in immigration?
19:30 Starting a career in refugee law.
22:30 Is it possible to make a viable practice just doing refugee law?
29:00 The law firm as training ground.
32:00 Practicing as a sole practitioner vs at a large firm.
35:30 Does it make sense for someone to do just immigration law or should people getting into the field specialize in another area as well?
37:00 Practicing immigration law in Vancouver vs. Surrey
41:00 Compassion vs. running a business
42:00 How IRCC’s current processes create new pressures on immigration solicitors.
49:00 The Big 4 accounting firms and immigration.
53:00 Mentorship and volunteerism.
1:01 Tips to tell a co-worker who leaves half-drunk coffee cups around.

 » Read more about: Borderlines Podcast #53 – Thoughts on Starting a Career in Immigration Law, with Joshua Sohn  »

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COVID-19 Immigration Pathways

19th Apr 2021 Comments Off on COVID-19 Immigration Pathways

On April 14, 2021 Canada’s Immigration Minister, Marco Mendicino, announced the creation of two new immigration programs that will allow approximately 90,000 individuals to apply for permanent residence between May 6, 2021 and November 5, 2021.  I say approximately because the programs have application caps except for those with upper-basic French language capability. The programs provide an immigration opportunity for many people who previously did not qualify to immigrate.

While the application packages for the programs have yet to be released, and there are questions about some of the details, it is important that anyone who is currently in Canada and who wishes to immigrate check to see if they qualify based on the details that Immigration, Refugees and Citizenship Canada (“IRCC”) has released so far. There are also certain requirements (passing a language test, being employed) that prospective applicants may need to act on in order to qualify that they should do immediately as applicable.

The programs in brief target foreign nationals who have one year of work experience in occupations that IRCC has deemed essential, those who have graduated from a qualifying Canadian post-secondary institution and French speakers.

Program A – Permanent Residence for Foreign Nationals in Canada, outside of Quebec, with Recent Canadian Work Experience in Essential occupations

This program targets foreign nationals with at least one year of work experience in Canada in an occupation that IRCC has deemed essential.

To be eligible, the foreign national must have accumulated at least one year of full-time experience, or the equivalent in part-time experience (1,560 hours), in Canada, in an eligible occupation in the three years preceding the date when they apply for permanent residence.  The employment must have been one in which the foreign worker received wages or commission.

 » Read more about: COVID-19 Immigration Pathways  »

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Settlement Funds

6th Apr 2021 Comments Off on Settlement Funds

Regulation 76(1)(b) of the Immigration and Refugee Protection Regulations provides that:

For the purpose of determining whether a skilled worker, as a member of the federal skilled worker class, will be able to become economically established in Canada, they must be assessed on the basis of the following criteria:

(b) the skilled worker must

(i) have in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to one half of the minimum necessary income applicable in respect of the group of persons consisting of the skilled worker and their family members.

Applicants are not required to have settlement funds if the applicant is authorized to work in Canada and has been awarded points for a qualifying offer of arranged employment under Express Entry or for arranged employment in Canada.

The funds must be

  • available and transferable;
  • unencumbered by debts or other obligations; and
  • sufficient to support initial establishment in Canada.

IRCC Questions and Answers

The following are two questions that lawyers asked IRCC’s IMMrep department, and the response.

Question – To what extent are people able to use funds within “investment accounts” to satisfy the proof of funds requirement?

Question – To what extent are outstanding debts such as credit card debt, loans, mortgages, etc. assessed against the positive balance in bank and investment accounts for those required to provide Proof of Funds?

 » Read more about: Settlement Funds  »

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IAD Statistics

6th Apr 2021 Comments Off on IAD Statistics

The Immigration Appeal Division has a webpage with useful statistics that can be found here.

I have reproduced the data as of 2020 below in case the IRB for whatever reason moves the data.

Appeals by Region – 2020 (January to December)​

All Appeals Filed

Filed
Stayed
Finalized
Pending (as of 2020/12/31​)

Allowed
Dismissed
Abandoned
Withdrawn & Other
Total
Stayed
Non-Stayed

National
2,343
108
1,305
1,134
172
557
3,168
679
2,494

Eastern
544
43
314
342
37
134
827
226
580

Central
1,087
42
517
427
92
230
1,266
367
1,282

Western
712
23
474
365
43
193
1,075
86
632

Sponsorship appeals filed (subsection 63(1))

Filed
Stayed
Finalized
Pending (as of 2020/12/31)

Allowed
Dismissed
Abandoned
Withdrawn & Other
Total
Stayed
Non-Stayed

National
1,244
0
852
570
122
471
2,015
0
1,234

Eastern
251
0
160
155
21
107
443
0
214

Central
540
0
326
197
67
192
782
0
639

Western
453
0
366
218
34
172

790

0
381

Removal order appeals filed (subsection 63(2), (3))

Filed
Stayed
Finalized
Pending (as of 2020/12/31)

Allowed
Dismissed
Abandoned
Withdrawn & Other
Total
Stayed
Non-Stayed

National
410
108
262
197
30
38
527
679
514

Eastern
109
43
111
96
9
14
230
226
146

Central
220
42
104
56
18
14
192
367
287

Western
81
23
47
45
3
10
105
86
81

Residency obligation appeals filed (subsection 63(4))

Filed
Stayed
Finalized
Pending (as of 2020/12/31)

Allowed
Dismissed
Abandoned
Withdrawn & Other
Total
Stayed
Non-Stayed

National
680
0
184
361
20
47
612
0
723

Eastern
179
0
41
89
7
12
149
0
212

Central
327
0
87
173
7
24
291
0
355

Western
174
0
56
99
6
11
172
0
156

Appeals filed by the Minister (subsection 63(5))

Filed
Stayed
Finalized
Pending (as of 2020/12/31)

Allowed
Dismissed
Abandoned
Withdrawn &  » Read more about: IAD Statistics  »

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