Category Archive

Citizenship and Immigration Canada has released its Evaluation of the Provincial Nominee Program.  The report was almost overwhelmingly positive, especially on how the program operates in British Columbia.  The report can be found here: http://www.cic.gc.ca/english/pdf/research-stats/evaluation-pnp2011.pdf In brief, the report noted that: The vast majority of provincial nominees are becoming established economically; The majority of provincial nominees have jobs at a skill level equivalent to their intended occupations; The retention rate varies from province to province, with BC and Alberta having a retention rate of over 95%; and That provincial nominees generally earn more than other immigrants. Nonetheless, under what I guess is the mantra of “if it ain’t broke we’d better fix it”, the report contains 4 recommendations.  The recommendations, and the government’s action plan on them, are below.  I have put the recommendation in bold, the government’s action plan (with assorted proposed completion dates) in a table below.  I have also provided a brief commentary below the table.   (The Report actually contains 5 recommendations.  However, as the 5th recommendation appears to relate solely to scheduling future task forces, working groups, etc.., I have not included it below.)   1. CIC should work with provinces to develop a requirement for minimum … Read More

The Auditor General of Canada has released its fall report, which contains a section on the process for determining inadmissibility to Canada. The CBC provided a rather bleak summary of the Auditor General’s findings when it reported: The audit identified a number of problems: it found that many of the criteria used by visa officers to identify high-risk applicants are outdated; CBSA analysts who provide security advice to visa officers have not received the necessary training; their work is rarely reviewed; and there was no evidence that mandatory checks were completed. Wiersema said many of these problems have been identified by previous audits and the department has committed to fixing them, but they haven’t followed through on those promises. “I find it disturbing that fundamental weaknesses still exist,” he said.”It’s time that CIC and CBSA work together to resolve them.” Wiersema said the security manuals used by visa officers when making their decisions haven’t been updated since 1999. The audit also pointed out that medical screening for danger to the public has focused on syphilis and tuberculosis for the past 50 years, even though health professionals are required to monitor and report on 56 diseases. Citizenship and Immigration has not … Read More

The Afghan Interpreter Debacle is a strong example of why it is important to be skeptical of government promises. In September, 2009, the Government of Canada announced with great fanfare that it would be introducing special measures to facilitate immigration to Canada of certain local translators in Afghanistan who faced exceptional risk or who have suffered serious injury as a result of their work for the Canadian government. In a Citizenship and Immigration Canada press release at the time, Jason Kenney announced: There are Afghans who face extraordinary personal risk as a result of their work in support of Canada’s mission in Kandahar. We commend their bravery to help build a better Afghanistan while recognizing the price that they have paid. Their lives and those of their families may be threatened by insurgents, and some have suffered serious injury and can no longer work. To recognize their contribution, we will offer them special consideration if they wish to relocate to Canada. Flash forward to today.  On Sunday, the Globe and Mail published a story titled “Program to bring Afghan interpreters to Canada ends with most turned away.”  Most applicants appear to have been turned away because they cannot meet the … Read More

Clients often come to me having signed documents that they do not understand.  Sometimes these documents are admissions of certain actions.  Other times they are documents stating that they waive their appeal right. The Federal Court has recently released a decision affirming that such signatures may not be legally binding on the individual. In Martinez Rodriguez v. Canada (Citizenship and Immigration), 2011 FC 946, an individual wanted to visit Canada.  She had previously been a permanent resident, but left Canada at the age of six.   She returned twice, each time obtaining a temporary resident visa.  She applied for a visa to visit a third time.  During the processing of her application, the immigration officer noticed that she was in fact still a resident, but was in breach of the residency requirements.  The officer, apparently trying to facilitate her visit to Canada, had the client sign a document whereby she acknowledged that she had lost her permanent resident, and that she voluntarily waived her appeal right. The applicant then appealed the lost of her permanent resident status to the Immigration Appeal Division.  They refused the appeal, saying that she could not appeal because she had signed a document waiving her appeal … Read More

As previously noted on this blog, big changes are afoot in the Canadian immigration consultant world.  On March 18, 2011, the Canadian government announced that the Immigration Consultants of Canada Regulatory Council (ICCRC) would replace the Canadian Society of Immigration Consultants (CSIC) as the body that regulates immigration consultants. Accordingly, immigration consultants that want to continue to represent applicants must become members of the ICCRC.  Pursuant to Citizenship and Immigration Canada’s Operational Bulletin 317, all CSIC members in good standing as of June 30, 2011 are temporarily deemed to be members of the ICCRC.  This transition period will last until October 28, 2011, after which anyone who wishes to be an immigration consultant must register with the ICCRC. CSIC Gets Sued As is evident from the above, in order to continue practicing as an immigration consultant, it is necessary for CSIC members to maintain their standing with CSIC during the transition process. Since the Minister announced that the ICCRC would replace CSIC, CSIC has suspended roughly 600 members for failing to pay their fees.  They have since removed the list of suspended members from their website, however, numerous people saved screen shots of who was suspended, and the list can … Read More

People wishing to sponsor family members to immigrate to Canada generally have to meet numerous requirements.  These include, but are not limited to: Not be subject to a removal order; Not be detained in any penitentiary, jail, reformatory, or prison; Not be convicted under the Criminal Code for certain offenses (see this post for more on this requirement); Not be in default in respect of any previous undertaking; Not be an undischarged bankrupt; Not be in receipt of social assistance other than for a disability; and Meet the minimum necessary income requirements. The Minimum Income Requirement The financial requirement for sponsors is necessary to ensure that sponsors can support their sponsorees for the duration of their sponsorship undertaking.  People sponsoring spouses, common-law partners, conjugal partners, or dependent children are exempted from this requirement. For all other family sponsorship applications, the sponsor’s income must meet the minimum necessary income requirement as identified annually by Statistics Canada in Low Income Cut Off levels (“LICO”).  The sponsor must meet the cut-off to support all members of a sponsor’s own family, the sponsored person, and the sponsored person’s family members.  This includes non-accompanying family members. The current LICO rates for 2011 outside of Quebec … Read More

In a case that has generated media publicity, the Federal Court of Appeal has ruled that illegal immigrants do not have a Charter right to health care.  The facts in Toussaint v. Canada, 2011 FCA 213, were simple.  In 1999, the appellant entered Canada as a visitor.  She never left, and never attempted to normalize her status.  In 2006, her health began to deteriorate.  In 2009, she applied to Citizenship and Immigration Canada for medical coverage under the Interim Federal Health Program (the “IFHP”).  Her request was denied, as the IFHP is limited to refugee claimants, resettled refugees, persons detained under the Immigration and Refugee Protection Act, and Victims of Trafficking in Persons. The Federal Court of Appeal found that the appellant met none of these conditions, and that the IFHP could not have been intended to pay for the medical expenses of those who arrive as visitors but remain illegally in Canada. A significant portion of the judgment related to Charter arguments regarding whether denying illegal immigrants access to the IFHP breached the right to life and security of the person (s. 7 of the Charter) or the right to equality (s. 15 of the Charter). The Right to … Read More