Section 28 of the Immigration and Refugee Protection Act states:
(28)(1) A permanent resident must comply with a residency obligation with respect to every five-year period.
(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;
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.
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.
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.
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 »Read more ›
The following are charts from Statistics Canada related to various immigration topics.
1) Likelihood to Have Received CERB
Read more ›
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.
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.Read more ›
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.
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 »Read more ›
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.
2:00 Quitting social media after retirement.
9:00 Law school
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.
Please note that none of the information on this website should be construed as being legal advice. As well, you should not rely on any of the information contained in this website when determining whether and how to apply to a given program. Canadian immigration law is constantly changing, and the information above may be dated. If you have a question about the contents of this blog, or any question about Canadian immigration law, please contact the Author.
- Business and Entrepreneur Immigrantion
- Citizenship Applications and Revocations
- Family Class (Spousal Sponsorships, Parents & Grandparents)
- Humanitarian and Compassionate
- Immigration and Refugee Board
- Immigration Consultants
- Immigration Trends
- Judicial Reviews
- Labour Market Impact Assessments
- Maintaining Permanent Residency
- Provincial Nominee Programs
- Skilled Immigration (Express Entry, CEC, FSWC, Etc.)
- Study Permits
- Tax and Trusts
- Temporary Resident Visas
- Work Permits