On December 1, 2016, the Government of Canada lifted the requirement that Mexican nationals obtain a temporary resident visa (a “TRV”) prior to travelling to Canada. As with all TRV exempt travellers, excluding Americans, Mexican nationals are still required to obtain an Electronic Travel Authorisation (an “ETA”) prior to boarding aircraft to travel to Canada. The Government of Canada has also committed to gradually expanding eTA eligibility in 2017 to citizens of Bulgaria, Romania, and Brazil. Electronic Travel Authorisation The eTA is a new electronic document requirement for visa-exempt air travellers to Canada, excluding citizens of the United States. Travellers apply online for an eTA by providing basic biographical, passport and personal information, and includes questions about their health, criminal history, and travel history. An automated system then compares this information against immigration and enforcement databases to determine if the traveller is admissible to Canada. The vast majority of applications are approved automatically, with a small percentage referred to an officer for review. Typical reasons for a further review include a previous denial of admission to Canada, a criminal record, or a pending permanent residence application. The cost to apply for an eTA is $7.00. Applicants must have a … Read More
Educational Credential Assessments
An Educational Credential Assessment is a report by a designated company company that evaluates an individual’s foreign education and compares it to a Canadian equivalent. It is necessary to be eligible for the Federal Skilled Worker Program, to get education points in Express Entry and for certain provincial nomination programs. The designated organizations are: Comparative Education Service: University of Toronto School of Continuing Studies; International Credential Assessment Service of Canada; World Education Services; International Qualifications Assessment Service; International Credential Evaluations Service; Medical Council of Canada; and Pharmacy Examining Board of Canada. The Medical Council of Canada has been designated only for those applicants who intend to apply with “specialist physician” or “general practitioner/family physician” as their primary occupation in their application. Jurisprudence Immigration, Refugees and Citizenship Canada (“IRCC”) will follow what a designated entity states in its Educational Credential Assessment (an “ECA”). In Ijaz v. Canada (Citizenship and Immigration), 2015 FC 67, the Federal Court of Canada affirmed that that visa officers can simply follow exactly what an ECA, stating that: In my view, based on the foregoing, it was open to the Officer to interpret the WES educational assessment and the IRP Regulations as he did, being that the WES equivalency … Read More
A22.1 Declarations to Deny People Entry to Canada
On January 28, 2014, Chris Alexander, the Minister of Citizenship and Immigration Canada, issued the following statement (emphasis added): Recent actions by members of Ukraine’s ruling elite in the face of popular and growing protests have been utterly deplorable, and compel us to take targeted and meaningful action. “Given the violent repression of legitimate protest and the intimidation of opposition voices, we will be restricting entry to Canada – effective immediately – for key government figures as a direct result of their actions in recent days. “Although Canada welcomes the recent developments in Ukraine, more needs to be done. The Ukrainian government must address the fundamental demands of the people, including accountability and a full embrace of democratic principles. “We believe it will take more than words to establish trust with the people, and Canada will continue to stand with the Ukrainian people, who courageously continue to speak out in support of democracy. “Canada will continue to monitor developments in Ukraine, and, with our international partners, consider further options if necessary.” This is the first time that the Government of Canada has used its new power resulting from Bill C-43 – The Faster Removal of Foreign Criminals Act to deny individuals the ability to … Read More
Environmental Overview – Nairobi
The following blog post contains information specific to the Canadian visa office in Nairobi. 2013 OVERVIEW The following is a summary of the Environmental Overview of the immigration functions at the Canadian High Commission in Naiorbi (the “Environmental Overview”). The Environmental Overview was prepared as part of the Citizenship and Immigration Canada 2013-2014 planning exercise, and is current as of January 2013. Areas in blockquote are direct passages from the Environmental Overview. Environment The Canadian High Commission in Nairobi (“CIC Nairobi”) provides visa services to residents of Kenya, Burundi, Congo, Comoros, Djibouti, Eritrea, Ethiopia, French Southern Territories, Madagascar, Mauritius, Mayotte, Reunion, Rwanda, Seychelles, Somalia, South Sudan, Tanzania, and Uganda. Many visa applicants, including senior government officials from many of the countries within Nairobi’s jurisdiction, are inadmissible for activities ranging from genocide to subversion, a factor which continues to be a bilateral irritant for Canada in the region. There are 13 Canada Based Staff, 2 Designated Immigration Officers, 3 Immigration Program Officers, 2 Locally Engaged 06, 22 Locally Engaged 05, 4 Locally engaged 04, and 9 locally Engaged 03 working at CIC Nairobi. With the advent of e-applications, Nairobi is now starting to benefit from the assistance of QRC in the promotion on Temporary … Read More
Environmental Overview – Accra
The following is a summary of the Environmental Overview of the immigration functions at the Canadian High Commission in Accra (the “Environmental Overview”). The Environmental Overview was prepared as part of the Citizenship and Immigration Canada 2013-2014 planning exercise, and is current as of January 2013. Environment The Canadian High Commission in Accra (“CIC Accra”) provides visa services to residents of Ascension, Benin, Gambia, Ghana, Guinea-Conakry, Liberia, Nigeria (permanent residents only), Sao Tome and Principe, Sierra Leone, St. Helena, Togo, and Tristan da Cunha. Contrary to popular misconception, CIC Accra has no role in managing the Lagos Visa Office. Notwithstanding that, since the fall of 2012, an officer from CIC Accra has assisted the Lagos Visa Office in processing temporary resident applications on two occasions for a total period of four weeks. Upon return from one visit, the officer brought approximately 200 Temporary Resident Visa files from the Lagos Visa Office to CIC Accra. Original passports were left in the Lagos Visa Office and visas were remotely printed there. Quality Assurance The last half of 2012 witnessed several changes to the Immigration Program at CIC Accra. All permanent resident visas are issued by the Immigration Program Manager to ensure procedures … Read More
2024-2026 Immigration Levels Plan
On November 1, 2026, Immigration, Refugees and Citizenship Canada (“IRCC”) published its Supplementary Information for the 2024-2026 Immigration Levels Plan (the “Immigration Levels Plan”). Under the Immigration Levels Plan, the target for new permanent residents to Canada for 2024 is 485,000. This number will increase to 500,000 in 2025. The permanent resident target will then stay the same in 2026. The Immigration Levels Plan contains a detailed breakdown of planned admissions in several categories. What is somewhat remarkable is that not only will the overall admissions from 2025-2026 remain the same, but the planned admissions in each category will as well. The Canadian government reportedly decided to freeze admission targets because of increasingly negative public sentiment towards immigration during the on-going cost of living crisis, which was starting to be reflected in political polls. While the political rationale for freezing immigration levels may be understandable, it unfortunately will likely mean difficulties for many temporary residents inside Canada who wish to become permanent residents, as well as application backlogs. Difficulties for Temporary Residents inside Canada to Obtain Permanent Residence In 2023 IRCC introduced category-based draws to Express Entry, in which individuals with certain language or occupational backgrounds would be invited to … Read More
Family Reference Letters
Many applicants for various types of applications will request that family letters provide reference letters. The Federal Court has repeatedly held that visa officers should not discount reference letters from family and friends. For example, in n Magonza v Canada (Citizenship and Immigration), 2019 FC 14, Justice Grammond wrote: [44] Immigration decision‑makers have on a number of occasions discounted evidence provided by members of the family of an applicant, for the sole reason that these persons, having an interest in the well‑being of the applicant, would have a propensity to make false statements. This Court has repeatedly held that this is unreasonable. In doing so, the Court has shown its awareness of the challenges of obtaining evidence of persecution. In the vast majority of cases, the family and friends of the applicant are the main, if not the only first‑hand witnesses of past incidents of persecution. If their evidence is presumed to be unreliable from the outset, many real cases of persecution will be hard, if not impossible to prove. Thus, while decision‑makers are allowed to take self‑interest into account when assessing such statements, this Court has often held that it is a reviewable error to dismiss entirely such evidence … Read More
IRCC Increasing Processing Fees
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 … Read More
Was not Continuously Engaged
The word “continuously” appears in several immigration requirements. It is not often not defined, and its interpretation has largely been left to immigration officers and the courts. Definitions Black’s Law Dictionary defines the word “continuously” to mean: Uninterruptedly; in unbroken sequence; without intermission or cessation; without intervening time; with continuity or continuation.” The Oxford English Dictionary defines the word “continuously” as being: “in a continuous manner; uninterruptedly, without a break”. The Canadian Oxford Dictionary defines “continuous” as meaning “unbroken, uninterrupted.” Webster’s Third New International Dictionary defines “continuously” as being “in a continuous manner” and “continuous” as “characterized by uninterrupted extension in time or sequence.” Dependent Child Jurisprudence Much of the jurisprudence on the matter involves the definition of “dependent child” before the Conservative Government of Canada changes in 2014. Previously, a “dependent child” was defined as: “dependent child”, in respect of a parent, means a child who (a) has one of the following relationships with the parent, namely, (i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or (ii) is the adopted child of the parent; and (b) is in one of … Read More
Regional Management Plan – Port of Spain
The following is a summary of the International Region Integrated Management Plan of the immigration functions at the Canadian Embassy in Port of Spain (the “Environmental Overview”). The Environmental Overview was prepared as part of the Citizenship and Immigration Canada 2014-2015 planning exercise, and is current as of January 2013. Environment The Canadian visa office in Port of Spain (“CIC Port of Spain”) provides visa services to residents of Anguilla, Antigua & Barbuda, Barbados, British Virgin Islands, Dominica, French Guyana, Grenada, Guadeloupe, Guyana, MarieGalante, Martinique, Montserrat, Saba, Saint Barthelemy, St. Eustatius, St. Kitts & Nevis, St. Lucia, Saint Martin, St. Maarten, St. Vincent & Grenadines, Suriname, and Trinidad & Tobago. Area travel can be problematic between countries in the Caribbean as there are few direct links and some of the airlines are notoriously unreliable. Often travellers are required to transit through Miami or Panama. … Along with the pooling of PA resources, PR unit also pooled files so that all files are placed in the file location and whichever PA or officer gets it, must process it. For example, one officer may conduct the initial review of a file and then queue for interview, however, another officer may do the interview. This has created an equitable … Read More