A permanent resident can lose their permanent resident status and be banned from Canada if they commit misrepresentation. However, they have a right of appeal to the Immigration Appeal Division (the “IAD“). At the IAD, the permanent resident can argue that the determination that they committed misrepresentation was based on a factual error or mistake in law. They can also argue that there are sufficient humanitarian & compassionate (“H&C“) to warrant relief.
In Wang v. Canada, the Federal Court of Canada set out the following factors (generally known as the “Wang” or the “modified Chieu” factors) to be the appropriate considerations in determining whether there are sufficient H&C considerations to justify not cancelling someone’s permanent resident status and banning them from Canada for five years:
- the seriousness of the misrepresentation leading to the removal order and the circumstances surrounding it;
- the remorsefulness of the permanent residence;
- the length of time spent in Canada and the degree to which the permanent resident is established in Canada;
- the permanent resident’s family in Canada and the impact on the family that removal would cause;
- the best interests of a child directly affected by the decision;
- the support available to the permanent resident in the family and the community; and
- the degree of hardship that would be caused by the permanent resident by removal from Canada, including the conditions in the likely country of removal.
As the IAD noted in Lin v Canada (Minister of Public Safety and Emergency Preparedness), 2017 26505 (CA IRB):
Remorse is defined as deep regret or guilt for a wrong committed,Read more ›
As of December 14, 2018 the Canada Border Services Agency (“CBSA”) has implemented a document checklist for work permit applications in the Pacific Highway District. It applies to Douglas, Pacific Highway, Boundary Bay, Aldergrove and Abbotsford-Huntingdon.
The checklists, which do not yet appear on the CBSA website, are below.Read more ›
I was recently provided with Access to Information Act results that an immigration consultant obtained which lists for 2016, 2017 and Jan – Aug 2018 the number of applications finalized, the approval rate, and the processing time, for the following applications from every IRCC office:
- Temporary Resident Visa
- Study Permit
- Work Permit
- Electronic Travel Authorisation
The results can be found in the embedded PDF below.Read more ›
In a previous Perspectives article I criticized the Liberal Government of Canada’s decision to establish a rigid intake procedure that returned applications in Canada’s family reunification programs for incompleteness. While doing so enabled the government to boast about overall processing times that were technically reduced, for many the consequences were actually lengthier separations and loss of status in Canada.
At the same time, I recognized that it was understandable that the Liberals adopted this strict intake system. I wrote:
Given that processing times are easily measured, it is understandable that the government wants to reduce them. Indeed, it is hard to go a few days without reading a media story about a family upset with how long their immigration application is taking. Perhaps in exchange for immigration stakeholders not complaining to the media every time processing times increase, Canada’s immigration department could stop applying such a strict approach to accepting an application into processing.
It is of course understandable that applicants and their family members who are directly impacted by Canada’s immigration system would emotionally express frustration. It can also be a useful strategy to obtain results, as media pressure can sometimes persuade Canadian immigration officials to take certain actions.
However, the level of condensation often hurled at individual officers, and Canada’s immigration bureaucracy as a whole, is extremely counter productive. It also does not reflect well on those partaking in the condescension. Indeed, one sometimes gets the impression that immigration representatives (as just one example) who typically manage offices of less than ten people think that they could do a better job of managing Canada’s immigration programs than career civil servants.
The Sheer Scale of Canadian Immigration
Let’s start with what should be obvious.Read more ›
Canadian immigration law provides circuses with several ways to access foreign talent.
First, many circus employees will qualify for work permit exemptions under r. 186(g) of the Immigration and Refugee Protection Regulations. As the Immigration, Refugees and Citizenship Canada website states:
Foreign, travelling circus performers should, in most cases, meet the requirements of paragraph R186(g), as they are usually coming for a time-limited engagement and are not in an employment relationship with a Canadian organization.
The IRCC website goes on to state the following for Canadian circuses:
In cases where the employer is Canadian, there is entry into the Canadian labour market, so [a Labour Market Impact Assessment] is usually required.
Some exceptions may apply to Canadian-based circuses, such as Cirque du Soleil, that can demonstrate the significant social, cultural or economic benefit they provide to Canada. In these cases, foreign circus performers, choreographers, artistic directors and others (that is, staff who are essential to the creative and artistic processes) who are working for a Canadian-based circus may be authorized to enter Canada, under the significant benefit exemption.
Circuses wishing to benefit from this exemption should be able to demonstrate that their shows are international in nature (for example, in presentation or because they tour outside Canada) and contribute to the ongoing, positive, international reputation of Canadian circuses. These circuses should also be able to demonstrate that their reputation as a circus depends on their recruitment of foreign circus performers, choreographers artistic directors and others (that is, staff who are essential to the creative and artistic processes) to maintain a high level of artistic and international prestige.
As noted above, the Immigration, Refugees and Citizenship Canada guidelines state that a circus employee qualifies for a C10 work permit if:
- the circus is Canadian-based;
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.
Students from India and China should be aware of the possibility of them participating in the Student Partnership Program. This program allows for expedited applications for students that will be attending a school that is a member of the Association of Canadian Community Colleges.
The following chart obtained through an Access to Information request shows the CIC approval rate for study permit applications based on certain countries of origin from 2009 – 2013.
When to Apply
Most people have to apply for study permits outside of Canada. There are exceptions to this, however, including those who already hold study permits,Read more ›
Robert Tibbo is a Canadian lawyer based in Hong Kong, where he has an active human rights and refugee law practice. He has served as counsel in many notable cases, including Edward Snowden, a former contractor for the United States government who copied and leaked classified information from the National Security Agency in 2013.
Peter and Robert discuss what it is like to practice refugee law in Hong Kong and about Robert’s representation of Edward Snowden, which at one point included arranging for Mr. Snowden to stay with other asylum claimants in Hong Kong to avoid being detected by the authorities.
2:00 – What was Robert’s career path that led him to become a human rights lawyer in Hong Kong?
7:12 – What are the primary source countries of people who are coming into Hong Kong to make refugee claims?
9:00 – What is the asylum claim process like in Hong Kong?
17:20 – What does everyday life look like for an asylum claimant in Hong Kong?
26:30 – How did Mr. Tibbo come to represent Edward Snowden?
34:00 – What was Mr. Tibbo’s legal strategy for Edward Snowden?
38:00 – What was the legal context in which Mr. Tibbo helped Edward Snowden evade detection?
42:00 – Did Mr. Tibbo have any ethical concerns when Edward Snowden was “housed” with a few of his other asylum claimant clients?
50:30 –What is the current status of the seven asylum claimants who housed Edward Snowden?
55:20 – What was the final legal status for Edward Snowden in terms of his status in Hong Kong?
Read more ›
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