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 in Uncategorized

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 in Immigration Trends

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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C-20 Work Permits

1st Apr 2021 Comments Off on C-20 Work Permits in 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 order of magnitude of exchanges should be reasonably similar on an annual basis. In assessing reciprocity, one would consider the relative number and percentage. For example, for exchanges involving larger numbers of foreign nationals (e.g. greater than 25), officers could require a higher minimum proportion of Canadians employed abroad to foreign nationals employed in Canada (e.g. at least 75%) than for smaller exchanges.

When the entities involved have no history of conducting reciprocal exchanges with Canada,

 » Read more about: C-20 Work Permits  »

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Humanitarian & Compassionate Applications

23rd Mar 2021 Comments Off on Humanitarian & Compassionate Applications in Humanitarian and Compassionate

Last updated on April 5th, 2021

People who would not normally be eligible to become permanent residents of Canada may be able to apply on humanitarian and compassionate (“H&C“) grounds.

Humanitarian and compassionate grounds apply to people with exceptional cases.

Here are 2020 approval statistics for humanitarian & compassionate class applications.

Sample Decisions

Below are sample H&C decisions that were used in an Immigration, Refugees and Citizenship Canada training session.

For each example, IRCC provided a chat to show a portion of the officer’s decision-making steps to describe context of the application.

As can be seen, a big deficiency in many H&C applications is the applicant not providing documentary examples to substantiate their assertions in claim.

The H&C requests were based on the following situations:

  • Domestic violence in Mexico from two former partners
  • Discrimination in Japan
  • Criminal gangs in Honduras
  • Members of a drug cartel
  • Land dispute
  • Adverse country conditions in Bulgaria
  • Membership in a political party
  • Adverse country conditions in China
  • Adverse country conditions in Fiji
  • Religious discrimination in Bangladesh

 » Read more about: Humanitarian & Compassionate Applications  »

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Statistics on Removals

20th Mar 2021 Comments Off on Statistics on Removals in Uncategorized

The following PDF contains internal Canada Border Services Agency documentation regarding removals from 2012-2019.

It includes removals broken down by inadmissibility, the number of administrative deferrals of removals, yearly removal priorities, breakdowns by top country, cost of removals, the number of outstanding removal orders and temporary suspensions of removal.

 » Read more about: Statistics on Removals  »

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Migration Office Overview – Berlin

18th Mar 2021 Comments Off on Migration Office Overview – Berlin in Uncategorized

The following is the 2018 Migration Office Overview for Berlin.

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