Visa officers have the discretion to extend the time limits on visa that have been issued.
The 2018 decision in Austin v. Canada (Citizenship and Immigration) illustrates this point. There, a person was issued a permanent resident visa that expired 35 days after it was issued. The person booked an airline ticket, however, she was unable to depart as scheduled because her car broke down. She booked a new ticket but was not allowed to board a plane to Canada because her visa had expired. She then wrote to Canadian immigration officials asking that they extend the validity period of her visa.
Immigration, Refugees and Citizenship Canada refused, writing that:
An immigrant visa was issued to you with an expiry date of October 25, 2017. The onus was on you to travel prior to the expiry date of your visa or to notify this office if you were unable to travel prior to the date of expiry.
Your medicals have now expired and we are unable to re-open your file.
We regret to advise that your file is now closed and no further processing can be carried out.
The internal Global Case Management System notes further stated that:
FILE REVIEWED Rec’d the following email from applicant. PA was issued COPR valid to 25Oct2017. Satisfied PA rec’d landing docs in time for travel as she indicated she was booked to travel 19Oct2017 but did not travel. No reasonable explanation has been submitted as to why PA did not travel on 19Oct2017. In addition PA did not notify our office until today, two days after the expiry of her COPR that she was unable to travel. PA is not a landed immigrant to date and now 23yrs old so not eligible to be spr’d in the future.Read more ›
On January 2, 2013, the Federal Skilled Trades Class (“FSTC“) began accepting applications. This is a new program from Citizenship and Immigration Canada.
From January 2, 2013, to January 1, 2014, the FSTC will be limited to 3,000 applications. As described in more detail below, the program will also contain numerous occupation specific sub-caps.
To be eligible for the FSTC, applicants must:
- Have twenty-four months of work experience (after being qualified/certified in the country where the work was performed, where applicable) in an eligible skilled trade during the five year period preceding the application;
- Have an offer of employment for continous full-time work for a total period of at least one year from up to two employers in that skilled trade occupation, or possess a Certificate of Qualification from a provincial or territorial Apprenticeship Authority;
- Satisfy employment requirements as described by the occupation’s National Occupational Classification, except for certification and licensing requirements
- Meet or exceed the minimum language threshold; and
- Intend to reside in a province other than Quebec.
Forty-three occupations are eligible under the FSTP.
Within the total FSTP cap of 3,000 applications, seventeen of the forty-thirty occupations are further capped at 100 applications per occupation. These occupations are:
- 7202 Contractors and supervisors, electrical trades and telecommunications occupations
- 7204 Contractors and supervisors, carpentry trades
- 7205 Contractors and supervisors, other construction trades, installers, repairers and servicers
- 7271 Carpenters
- 7301 Contractors and supervisors, mechanic trades
- 7302 Contractors and supervisors, heavy equipment operator crews
- 8211 Supervisors, logging and forestry
- 8221 Supervisors, mining and quarrying
- 8222 Contractors and supervisors, oil and gas drilling services
- 8241 Logging machinery operators
- 8252 Agricultural service contractors,
New Skilled Trades Class
On August 17, 2012, Citizenship and Immigration Canada (“CIC”) announced that it would be introducing the Federal Skilled Trades Class (“FSTC”), a new program which will facilitate the immigration of certain skilled tradespersons in Canada.
The program is expected to be introduced on January 1, 2013.
The FSTC will be open to individuals with experience in the following National Occupation Classification (“NOC“) B occupational areas:
- Industrial, Electrical and Construction Trades;
- Maintenance and Equipment Operation Trades;
- Supervisors and Technical Occupations in Natural Resources, Agriculture and Related Production;
- Processing, Manufacturing and Utilities Supervisors and Central Control Operators;
- Chefs and Cooks; and
- Bakers and Butchers.
Applicants to the FSTC will be required to meet the following four minimum requirements:
- Be working in Canada, or possess a LMO-supported offer of employment from up to two employers in Canada of at least one year duration, or possess a Certificate of Qualification from a provincial or territorial Apprenticeship Authority;
- Meet the same minimum language threshold as required by the concurrently to be introduced new Federal Skilled Worker Class, namely a 7.0 on every language ability;
- Have twenty-four months of work experience (after qualification/certification in the country where the work was performed, where applicable) in the same skilled trade as which they are applying under in the last five years; and
- Have qualifications that satisfy employment requirements as described by the NOC, except for certification and licensing requirements.
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.
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