For the past several days the Citizenship and Immigration Canada homepage has featured the following happy trio. These guys are certainly doing well for themselves in Canada. As Stephen Fogarty, a Montreal based Canadian immigration lawyer, noted, they’ve even appeared on dentist advertisements in Quebec.
Reliability of CIC Cap Figures
Many immigration programs, including the newly enacted Federal Skilled Trades Program, contain caps on the number of people who can apply. Citizenship and Immigration Canada (“CIC“) generally advises people that they should check the CIC website before submitting applications to make sure that the cap has not been exceeded. Unfortunately, CIC has also (successfully) argued in court that the information on their website is not reliable, and that the CIC website stating that the cap is unfilled does not create a legitimate expectation for applicants that the cap is in fact unfilled. In Agama v. Canada (Citizenship and Immigration), 2013 FC 135, an applicant was denied a permanent resident visa under the Skilled Workers Class (the “FSWC“). Under the FSWC, CIC considered a maximum of 500 applications in National Occupation Classification 0631 (“NOC 0631“) during the relevant year. CIC posted the following information on its website regarding how many NOC 0631 applications it had received: September 28, 2011 – 209 applications October 10, 2011 – 229 applications November 3, 2011 – 330 applications November 8, 2011 – 335 applications December 1, 2011 – 458 applications The applicant filed her application on November 14, 2011. Considering that the CIC website on December 1 … Read More
Should I Do BC PNP or CEC?
After the work experience requirement for the Canadian Experience Class went from two-years to one, many people have been asking whether they should apply for the BC PNP – Strategic Occupations – Skilled Workers program or the Canadian Experience Class. The following table shows some of the issues that applicants should be aware with each application. It was part of a larger table comparing the BC PNP to many federal economic immigration programs which I wrote in a paper for the 2013 Canadian Bar Association – British Columbia Branch Annual Immigration Conference. Issue BC PNP – Skilled Workers CEC Is a job offer required as part of the application? Yes, and the employer must have at least 3-5 employees depending on its location. No. In fact, there is no requirement that the applicant be employed during the processing of the application. If a job offer is required, can the applicant change employers? Not until after nomination, and the BC PNP may withdraw nomination if the new position does not meet program requirements. N/A If a job offer is required, does the employer have to do recruitment? Yes, although if the employee is a TFW the original recruitment is sufficient. N/A … Read More
CIC Closes Seattle, Detroit, Seoul, and Caracas Visa Offices
On January 28 and 29, Citizenship and Immigration Canada (“CIC”) announced the closure of two overseas offices, and further restructured its North American Processing Network. The restructuring includes the closure of immigration sections of the Canadian consulates in Detroit and Seattle. Closure of Detroit and Seattle Visa Offices Effectively immediately, the visa offices in Seattle and Detroit are closed. As well, the visa office at Washington D.C. will be very limited in the services which it provides. New U.S. and Canada based Temporary Resident Visa, Study Permit, and Work Permit applications can now be submitted on-line, or to the appropriate visa office as described in the table below. In brief, study permits will be processed in Los Angeles, and work permits will be processed in New York. Individuals with applications in processing do not need to take any steps to ensure that the processing of their applications will continue, as their files are being transferred to their respective new offices. Online New York Los Angeles Washington D.C. Visitor Visas Visitor Visas Visitor Visas Services for diplomats, government officials, and their family members Work Permits Work Permits Study Permits Study Permits Temporary Resident Permits Temporary Resident Permits Rehabilitation Rehabilitation Authorizations to … Read More
Biometric Regulations
It is commonly accepted that identification documents which rely on a person’s name, date of birth, and even photograph, are increasingly inadequate to detect fraud or to accurately confirm a person’s identity. As such, the Government of Canada today announced regulatory changes which specify that certain foreign nationals will have to provide biometric information when applying to enter Canada and when actually entering Canada. As indicated in the table below, starting in 2013, temporary resident visa applicants, study permit applicants, and work permit applicants from prescribed countries will have to have their biometric information collected overseas before they arrive in Canada. This information will then be checked by the Canada Border Services Agency when the applicants arrive at a Canadian port of entry. As well, the RCMP may analyze whether the person has previously made a refugee claim or been deported from Canada. The biometric information which will have to be provided include fingerprints and a facial image. Applicants will have to provide this information at Visa Application Centers. The prescribed countries, and the dates by which foreign nationals holding travel documents from these countries will have to submit biometric information at Visa Application Centers, are: List of Countries Whose … Read More
Canada Introducing The Electronic Travel Authorization Program
Without any press release, and without any indication at having meaningfully discussed the issue with Canadians, the Conservative government has introduced legislation which will create a program similar to the Visa Waiver Program in the United States. Described as the “Electronic Travel Authorization” initiative, visitors to Canada from visa exempt countries, including presumably those from Europe and the United States, will soon have to complete an online form on the Citizenship and Immigration Canada website to find out if they are admissible to Canada. Those cleared for travel will have to print the online confirmation and present it along with other travel documents before boarding an air plane destined to Canada. Division 16 of Bill C-45, also known as the second budget implementation bill, contains provisions which will amend Canada’s Immigration and Refugee Protection Act as follows: 308. Section 11 of the Immigration and Refugee Protection Act is amended by adding the following after subsection (1): Electronic travel authorization (1.01) Despite subsection (1), a foreign national must, before entering Canada, apply for an electronic travel authorization required by the regulations by means of an electronic system, unless the regulations provide that the application may be made by other means. The application may be examined … Read More
Immigrant “Tricked” Into Business Agreement Successfully Rescinds Contract
Glen Forrester, a Vancouver civil and commercial litigator, recently successfully defended a potential immigrant who a Canadian business was suing. The Canadian business was trying to compel the individual to pay $200,000 pursuant to an asset purchase agreement. The case is noteworthy from an immigration law standpoint as the individual entered into the asset purchase agreement because she thought it would assist her with her immigration application, when in fact it did not. The case did not involve malicious intent on the part of the Canadian business. The business’s principal genuinely believed that the asset purchase agreement met British Columbia’s requirements for immigrating under the British Columbia Provincial Nomination Program, admitted that he ran advertisements stating the same, and acknowledged that he told the potential immigrant that the asset purchase agreement met the BC PNP requirements. Notwithstanding that there was no malicious intent on the part of the seller, Glen Forrester successfully argued that the asset purchase agreement was invalid because of innocent misrepresentation. Innocent misrepresentation generally occurs in situations where the representor has reasonable grounds for believing that the representation is true. There is no need to show that an individual’s reliance on the misrepresentation was reasonable. The remedy for innocent misrepresentation … Read More
Summer Changes See Suspension of Programs, Changes to Others
The start of summer has seen Citizenship and Immigration Canada (“CIC”) make numerous changes to Canadian immigration programs. Many application classes have been modified for new applicants, if not outright suspended. The changes include: “Pausing” the acceptance of new Federal Skilled Worker Program and Federal Investor Applications; Prohibiting certain businesses from participating in the Temporary Foreign Worker Program; Restricting the availability of humanitarian & compassionate considerations and Pre-Removal Risk Assessments; and Mandatory language testing for lower-skilled provincial nominees. Fifth Set of Ministerial Instructions Results in Suspension of New Federal Skilled Worker Program and Federal Investor Applications On June 29, 2012, Jason Kenney, the Minister of Citizenship and Immigration Canada (the “Minister”) introduced the fifth set of Ministerial Instructions (“MI-5”). Ministerial Instructions allow the Minister to unilaterally make operational changes to how CIC manages application intake. As a result of MI-5, CIC is no longer accepting new applications under the Federal Skilled Worker Program, except for those applications made under the PhD eligibility stream and those with qualifying offers of Arranged Employment. As well, CIC is no longer accepting new Federal Immigrant Investor Class applications. The temporary “pauses” in accepting new applications for these programs will remain in effect until otherwise … Read More
Bill C-43 – the Faster Removal of Foreign Criminals Act
The Conservative Government has introduced Bill c-43, the Faster Removal of Foreign Criminals Act. The changes are: Current Changes 1) Eligible individuals may file an appeal to the Immigration Appeal Division (IAD) if sentenced to less than two years imprisonment inCanada. Eligible individuals could file an appeal to the IAD only if sentenced to less than six months’ imprisonment inCanada. For example, a permanent resident who has lived in Canada since he was a child and who was sentenced to 6 months in jail (including a suspended sentence) for assault would no longer be eligible to appeal a removal order. 2) Foreign nationals who are inadmissible on the most serious grounds have access to humanitarian and compassionate (H&C) provisions to overcome their inadmissibility. Foreign nationals inadmissible on the grounds of security, human or international rights violations, or organized criminality would no longer be able to apply under H&C provisions. For example, a former war criminal would be ineligible to request H&C considerations as a way to delay removal or remain in Canada permanently no matter how long the person has lived in Canada and no matter how many Canadian citizens are dependent on the person. There will be no discretion. However, the Minister may, at his own initiative, … Read More
Most Temporary Foreign Worker Units Close
The Citizenship and Immigration Canada office closures continue. Effective July 1, 2012, the Temporary Foreign Worker Units (TFWUs) in Vancouver, Calgary, and Moncton will close. Only the TFWUs in Toronto and Montreal will remain open. The Toronto TFWU will be responsible for providing services to employers in Ontario, British Columbia, Alberta, Saskatchewan, Manitoba, Yukon, Northwest Territories and Nunavut. The Montreal TFWU will be responsible for providing services to employers in Quebec, Nova Scotia, Prince Edward Island, New Brunswick, Newfoundland and Labrador. The TFWUs in Vancouver and Calgary will accept opinion requests and respond to Labour market Opinion and/or Work Permit exemption related enquiries until June 15, 2012. These offices will then focus on finalizing work already in process.