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Regulation 205(b) of the Immigration and Refugee Protection Regulations provides that a work permit may be issued under section 200 to a foreign national who intends to perform work that would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries.

The Immigration, Refugees and Citizenship Canada Guidelines (the “Guidelines”) state that visiting professors may be issued work permits pursuant to R205(b).

Eligibility

To be eligible, an applicant must:

• be applying for a work permit of not more than two academic years;
• to take a position with a post-secondary institution; and
• retain their position abroad.

Visiting professors may also include those on sabbatical who are doing collaborative research with a Canadian post-secondary institution.

The term “retain their position abroad” means that the professor must maintaing their employment abroad as a professor.

Extensions

Work permits for visiting professors are authorized for a maximum period of two academic years.

Visiting professors are not eligible to extend their work permits under this category, and their employers must apply for a Labour Market Impact Assessment to extend their stay.

 » Read more about: Visiting Professors and Work Permits  »

Whether an individual is remorseful is a factor in assessing humanitarian & compassionate considerations.

In Pu v Canada (Citizenship and Immigration), 2018 FC 600 Justice Diner held that:

With respect to remorse, the IAD concluded that the Applicant’s remorse was not genuine principally because (a) she had continued to misrepresent her position in 2009, and (b) at the IAD hearing she had attempted to deflect responsibility for her earlier actions. The IAD acknowledged the Applicant’s expressions of remorse at the appeal, but found that she had had since 2009 to take responsibility for her actions, and that the Applicant was ultimately remorseful only for having been caught at the hearing — several years after her initial interview with CBSA, during which she again misrepresented the circumstances of the marriage.

Although the Applicant disagrees that she deflected responsibility at the IAD appeal, I am of the view that the IAD’s findings were reasonably open to it based on the evidence before it. I also note that the IAD’s reasoning is consistent with other areas of law where late-stage accountability can weigh significantly against a party who seeks discretionary relief.

To conclude on this issue, I will cite from the IAD’s comments in Lin v Canada (Minister of Public Safety and Emergency Preparedness), 2017 CanLII 26505 (CA IRB), which are on point for this case:

Remorse is defined as deep regret or guilt for a wrong committed, and a feeling of being sorry for doing something bad or wrong in the past. There are two components to remorse in the context of a misrepresentation: one involves the actions preceding the IAD appeal; and the other is the expression of remorse in testimony at the appeal itself.

 » Read more about: Remorse  »

Immigration, Refugees and Citizenship Canada is increasing processing fees.

• Starting in 2020-21, permanent resident processing fees for Economic class applicants increase as follows:
  • Fees for principal applicants of the Economic business class (including self-employed, start-up visa, Quebec investor, Quebec entrepreneur, and Quebec self-employed) will increase from $1,050 to $1,575 (an increase of 50%).
  • Fees for principal applicants of the Economic non-business class will go from $550 to $825 (an increase of 50%). Note: this increase will not apply to fees for principal applicants and their families in the Caregivers programs, which will remain unchanged.
  • Fees for spouses or common-law partners of all Economic classes will go from $550 to $825 (an increase of 50%).
  • Fees for dependent children of all Economic classes will go from $150 to $225 (an increase of 50%).
  • The right of permanent resident fee will increase from $490 to $500 (an increase of 2%).
• Starting in 2022-2023, on the day of the two-year anniversary of the coming into force of these Regulations and every two years thereafter, selected permanent resident processing fees will be increased every two years by the applicable Consumer Price Index (CPI) increase, rounded to the nearest $5. The approximation assumption being that the CPI is 2% per year on average, but the fees would nevertheless be subject to inflation calculated cumulatively from the time of coming into force. The following prospective fee increases below are provided for illustrative purposes only:
  • Permanent resident processing fees for all economic business class principal applicants (including self-employed, start-up visa, Quebec investor, Quebec entrepreneur, and Quebec self-employed) will be increased to approximately $1,640 (projected) in 2022-2023, to $1,705 in 2024-2025, and so on.
  • Permanent resident processing fees for most economic non-business class principal applicants (including federal skilled workers,

 » Read more about: IRCC Increasing Processing Fees  »

A quick post today as there is alot going on due to the corona virus, but Justice Annis just released an interesting decision in Pryce v. Canada where he certified the following question:

In the context of a request for humanitarian and compassionate considerations under subsection 25 (1) of IRPA, must an officer consider evidence of past hardship of unconscionable mistreatment of an applicant and her children, not recurring or arising on removal, and not cited as a factor in the Guidelines, but that may accord with the principles in Chirwa v. Canada (Minister of Citizenship and Immigration) (1970), 4 I.A.C. 338 adopted in Kanthasamy v Canada (Citizenship and Immigration) 2015 SCC 61, even if the issue has not been explicitly raised by the applicant as a relevant factor for consideration? If not, may the applications judge raise the question as a new issue in accordance with the principles of R. v Mian, 2014 SCC 54?

 » Read more about: H&C – Past Mistreatment  »

Last updated on April 1st, 2020

In response to the COVID-19 pandemic, the Canadian government has implemented several measures that impact immigration programs and the ability to enter Canada. Current measures under the Non-US OIC and the Quarantine OIC will be effective until June 30, 2020, while current measures under the US OIC will be effective until April 21, 2020, and current measures under the Interim Order are effective until further notice.

Please note that the Canadian government is expected to amend its policies as needed in the coming weeks and months and as such we ask that you contact us for advice before relying on the information provided in this memo.

1. PERSONS ALLOWED INTO CANADA

Before determining whether you fall into one of the categories below, please note that any persons exhibiting COVID-19 symptoms (e.g. fever and cough, or fever and breathing difficulties) will not be allowed to board an aircraft to fly into Canada, regardless of your status in Canada. This blanket prohibition affects Canadian citizens and permanent residents. You will, however, be allowed to enter Canada through the Canada–US land border, though you will be subject to the 14-day self-isolation requirement outlined in the Quarantine OIC.

Please note that, even if you fall into one of the exemptions below, foreign nationals seeking to enter Canada must still apply for a Temporary Resident Visa (if you are travelling to Canada as a citizen of a visa-requiring country) or an eTA (if you are flying to Canada as a citizen of a visa-exempt country).

1. Canadian Citizens and Permanent Residents

 » Read more about: IRCC and COVID 19  »