Who bears the risks when e-mail notices are sent by a visa officer but are not received by the applicant’s agent?
The National Occupational Classification System
Much of Canada’s immigration system is based on Human Resources and Skills Development Canada (“Service Canada’s“) National Occupational Classification (“NOC“) system. Economic class applicants generally need to understand the NOC system because the success of their applications will depend on them demonstrating that they have qualifying experience or pre-arranged employment in certain NOCs. Employers submitting Labour … 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 … Read More
Removal Orders in Absentia
The Federal Court of Appeal in Canada (Citizenship and Immigration) v. Mudalige Don has answered the following certified question: Does the Minister’s issuance of an exclusion order pursuant to subparagraph 228(1)(c)(v) of the [Regulations] before the member of a crew subject to the exclusion order has any contact with the immigration authorities constitute a breach of … Read More
Question & Answer – Unauthorized Study and CEC (IR-13)
The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada regarding expungements. The Federal Skilled Worker Program allows certain individuals employed in Canada without a Labour Market Opinion to qualify for Arranged Employment. As with any program, questions emerged regarding specific requirements, including whether intra-company transferees qualify for Arranged Employment … Read More
Substituted Evaluations for Federal Skilled Worker and Federal Skilled Trade Applicants
There is a myth amongst potential Federal Skilled Worker Program applicants that their application is guaranteed if they can get 67 points. This is not true for several reasons, including the possible use of substituted evaluations.
Addressing Newfoundland Nurses
On December 15, 2011 the Supreme Court of Canada (“Supreme Court“) issues its decision in Newfoundland and Labrador Nurses’ Union v. Newfoundland and Labrador (Treasury Board), 2011 SCC 62, [2011] 3 SCR 708 (“Newfounland Nurses“). In Newfoundland Nurses, the Supreme Court essentially abolished “adequacy of reasons” as a stand-alone ground for judicial review. Rather, the Supreme Court stated that an officer’s reasons must … Read More
The Bill of Rights and Canadian Immigration
The Canadian Bill of Rights, S.C. 1960, c. 44 (the “Bill of Rights“) is a Canadian federal statute that was enacted in August 1960. It is quasi-constitutional in nature. As it is an Act of Parliament it applies only to federal law. It also predates the Charter of Rights and Freedoms, which has largely superseded the Bill of Rights in … Read More
Canada Lifts Visa Requirement Against Mexico; Bulgaria, Romania, Brazil Soon to Follow
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. … Read More
Retrospective Legislation
In a recent Borderlines episode, Garth Barriere, Eric Purtzki, Peter Edelmann and I discussed the constitutionality of laws that are retroactive or retrospective. This episode can be found here: A link to this episode’s synopsis can be found here. The following post provides a more detailed written summary of retroactive and retrospective legislation in the immigration context.