On July 2, 2015, the British Columbia Provincial Nomination Program (“BC PNP“) re-launched with new program requirements and processes. The BC PNP remains divided into the Skills Immigration stream and the Entrepreneur Immigration stream. The most significant changes to the BC PNP include: Introducing an online application process with an electronic payment system; Streamlining the Business … Read More
When Procedural Fairness Requires a Fairness Letter
One of the most complicated topics in immigration law is determining when procedural fairness will require an immigration officer who is assessing an application to seek clarification in the form of a fairness letter or interview. As the Supreme Court of Canada noted in Baker v. Canada (Minister of Citizenship and Immigration) the the concept of procedural … Read More
Yes, IRCC Can Deny PNP Nominees Permanent Resident Visas
The Immigration and Refugee Protection Regulations (“IRPR“) provide that an immigration officer may issue a negative substituted evaluation and refuse an application where the officer is not satisfied that a provincial nomination certificate is an appropriate indicator of whether an applicant will be able to successfully establish themselves economically in Canada. Subsections 87(3) and (4) of the … Read More
Applying to Immigrate During COVID19
During the last two weeks of March, 2020, the Government of Canada implemented many measures in response to the COVID19 pandemic. In the immigration context, these measures included travel bans, the suspension of biometrics and the transition of most Immigration, Refugees and Citizenship Canada (“IRCC”) officers to remote work. The changes were frequent, dramatic and … Read More
Refugee Claimants from China
China is one of the top source countries for temporary resident visa applications to China. In 2016, the number of people who applied for temporary resident visas was 492,370. Of the people who were granted visas, 822 declared refugee status. The number is unbelievably small, and represents what Immigration, Refugees and Citizenship Canada calls a … Read More
Biometric Requirements to Enter Canada
On July 31, 2018 Canada is imposing new biometric requirements on individuals wishing to visit Canada. Biometrics refers to the taking of fingerprints and a photograph. Biometrics collection is being expanded to include all persons (with certain exemptions) applying for temporary or permanent residence, including all those applying for a temporary or permanent resident visa … Read More
Meaning of Dependent Child
A “dependent child” is defined in the Immigration and Refugee Protection Regulations, SOR/2002-227 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 … Read More
The BC PNP Skills Immigration Programs in 2016
On January 27, 2016, the British Columbia Provincial Nomination Program (“BC PNP“) re-opened its Skills Immigration and Express Entry BC programs, and introduced the Skills Immigration Registration System. The Skills Immigration Registration System is an expression of interest system to manage BC PNP Skills Immigration application intake. It is similar to Immigration, Refugees and Citizenship … Read More
The Upcoming Litigation Over Immigration, the TFWP, and Privacy
Last month, a British Columbia Provincial Nomination Program (“BC PNP”) officer requested that one of my employer clients provide payroll documents for individuals who were not a part of the BC PNP application. We politely pointed out that the employer could not do this without the third party employees’ consent, as to provide the documents without their consent … Read More
PNP Nominees Denied Entry at the Border
During the past couple months, our office has received several frantic phone calls from people (often real estate agents or bankers) telling us that a family who was immigrating to Canada under a Provincial Nominee Program was detained by the Canada Border Services Agency
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