Regulation 199 of the Immigration and Refugee Protection Regulations states:
Application after entry
199 A foreign national may apply for a work permit after entering Canada if they
(a) hold a work permit;
(b) are working in Canada under the authority of section 186 and are not a business visitor within the meaning of section 187;
(c) hold a study permit;
(d) hold a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months;
(e) are a family member of a person described in any of paragraphs (a) to (d);
(f) are in a situation described in section 206 or 207;
(g) applied for a work permit before entering Canada and the application was approved in writing but they have not been issued the permit;
(h) are applying as a trader or investor, intra-company transferee or professional, as described in Section B, C or D of Annex 1603 of the Agreement, within the meaning of subsection 2(1) of the North American Free Trade Agreement Implementation Act, and their country of citizenship — being a country party to that Agreement — grants to Canadian citizens who submit a similar application within that country treatment equivalent to that accorded by Canada to citizens of that country who submit an application within Canada, including treatment in respect of an authorization for multiple entries based on a single application; or
(i) hold a written statement from the Department of Foreign Affairs and International Trade stating that it has no objection to the foreign national working at a foreign mission in Canada.
SOR/2004-167, s. 55
IRCC Training Manual
» Read more about: Applying for a Work Permit After Entering Canada »
Read more ›The following are instructions to officers on bulk processing applications. It was last updated on April 12, 2019.
» Read more about: Bulk Processing of Applications »
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When people submit applications to Immigration, Refugees and Citizenship Canada they typically have spent significant time carefully completing forms and assembling documents. They expect that their applications will be processed by visa officers who carefully review the information before them. However, applicants need to understand that their artificial intelligence is playing an increasing role in visa processing, as is the bulk processing of applications.
Why this is a timely matter to discuss
IRCC has not been forthcoming with how it uses technology to process applications, however, through a series of Access to Information Act requests as well as Federal Court of Canada litigation the public is beginning to get a sense of measures being implemented.
Predicative Learning
Automated processing of some categories of applications is not new. Since 2015 most visa-exempt foreign nationals have had to apply for an Electronic Travel Authorization before they could board a plane to travel to Canada. These applications were for the most part automated applications.
What is less known is that in 2017 IRCC successfully conducted a pilot in which automated systems based on predicative analytics triaged and automatically approved low-risk online temporary resident visa applications from China. Visa applications were sorted into tiers – the lowest risk for auto-approval, medium and high risk for officer review. This triage model was deployed for all applications from China in 2018, and in the same year was piloted in India. The goal appears to be for artificial intelligence to automatically approve low-risk applications, with officers only manually assessing those that have been flagged as medium to high risk.
As of 2020 the analytics systems accelerate the eligibility approval of straight-forward cases. They do not refuse applications or recommend refusing applications (although presumably if a visa officer knows which tier an application is the officer might be implicitly swayed).
» Read more about: Artificial Intelligence and Canadian Immigration »
Read more ›A discussion of when someone can be inadmissible to Canada for having committed a crime which doesn’t lead to a conviction.
Cases referenced are Garcia v. Canada (Citizenship and Immigration), 2021 FC 141 and Dlieow v. Canada (Citizenship and Immigration), 2020 FC 59
Sania (Ahmed) Chaudhry was counsel in Garcia. She is currently Legal Counsel (Professional Conduct Proceedings) at Real Estate Council of Alberta.
Borderlines · #51 – Inadmissibility to Canada for Committing a Criminal Offence, with Sania Chaudhry
2:00 Introduction and an overview of Garcia v. Canada.
15:00 The purpose of Canada’s inadmissibility provisions.
17:10 What is the standard of proof for determining that someone committed a crime where there is no conviciton?
19:45 A review of Enforcement Manual 2
30:30 Determining equivalency and issues with inadmissibility findings where there is no conviction.
39:30 Dlieow v. Canada (Citizenship and Immigration)
46:00 Living in a society where the State makes everything a crime.
Read more ›A discussion of s. 34(1)(f) of Canada’s Immigration and Refugee Protection Act, which provides that a foreign national or permanent resident is inadmissible for being the member of an organization that has committed terrorism. Topics include how terrorism, organization and membership are defined, the Proud Boys, QAnon and the Bangladesh Nationalist Party.
Borderlines · #50 – Membership in a Terrorist Organization and Immigration, with Hart Kaminker
5:45 What is terrorism under Canadian immigration legislation?
9:45 What is an organization?
15:30 What does it mean to be a “member?”
19:00 The Bangladesh Nationalist Party
29:00 Would Nelson Mandela be encompassed?
30:45 Should only organizations that are officially designated by the government render someone inadmissible?
39:39 The Ministerial relief process.
47:35 Jose Figuerora
53:45 Could someone being a QAnon adherent make them inadmissible to Canada?
1:00 Does the designation of the Proud Boys broaden what could result in inadmissibility due to terrorism?
1:03 Could the leader of a party calling for an insurrection lead to all members of that organization being inadmissible for being a member of an organization which has committed terrorism?
1:05 What about antifa? The Republican Party?
1:13 Would it be misrepresentation to not declare one’s being a QAnon adherent in the IMM5669?
Read more ›This episode is about the concept of a universal basic income and how it would work in Canada. We are joined by Sheila Regehr and Sameer Nurmohamed of Basic Income Canada Network.
We discuss which type of immigrants (permanent residents, workers, students, asylum claimants, people without status) etc. would be eligible, whether a basic income would impact other public funding for services like legal aid, whether it would cause inflation, and more.
Borderlines · #47 – Universal Basic Income and Canadian Immigration
5:30 What are different models of universal basic income?
9:00 How is the amount of basic income calculated?
10:45 What was the Ontario pilot project?
12:45 In practice is there a difference between an income guarantee model and a flat-payment model?
14:30 Do wealthy people get the same payment and benefit under a universal basic income?
15:30 How would a universal basic income be funded?
23:45 Would a universal basic income replace other services like legal aid?
28:25 A review of Motion 46 – GUARANTEED LIVABLE BASIC INCOME
30:35 Would international students, foreign workers, permanent residents, asylum claimants, people without status, etc. be eligible to receive a universal basic income?
42:00 What would the labour market interaction be with a universal basic income in terms of its impact on wages?
45:00 Would immigrants abuse a universal basic income system?
47:30 How have the impacts of the CERB impacted peoples’ perspectives on how a universal basic income would work?
56:00 Would a guaranteed basic income cause inflation or people gauging marginalized individuals?
1:03 Where can people learn more? » Read more about: Borderlines Podcast Episode #47 – Universal Basic Income and Canadian Immigration »
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