On February 26th, 2011, Christy Clark won a hotly contested contest for the leadership of the B.C. Liberal Party. This means that she will become Premier within the next couple weeks. One of her priorities is to put “families first”. Few specifics have really yet been offered regarding what policies this involves. One way that Christy Clark can improve the circumstances of thousands of British Columbian families is to introduce a “Family Stream” into the British Columbia Provincial Nominee Program (“BC PNP”).Read more ›
On December 15, 2010, the Manitoba Provincial Nominee Program for Business (MPNP-B) posted current processing times. As the table below demonstrates, for Chinese applicants, the wait time for an exploratory visit is huge.Read more ›
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 AgencyRead more ›
Manitoba is located in the prairies. Its population is the fifth largest in Canada, at 1,232,654. It’s capital city is Winnipeg, where 60% of Manitoba’s population live, and is where four of the province’s five universities are located. It also has Canada’s most successful provincial nominee program.Read more ›
In addition to the family class stream and the availability of an exemption to a visa requirement based on humanitarian & compassionate grounds, it is possible for low-skilled workers to immigrate under provincial programs designed to facilitate permanent residency for people in certain “low-skilled or semi-skilled” occupations. In British Columbia, this program is known as the “Entry-Level and Semi-Skilled Pilot Project”.Read more ›
Effective August 23, 2010, the Alberta Immigrant Nominee Program is no longer accepting applications under either the AINP U.S. Visa Holder Category or the Family Stream. Any applications that were postmarked before August 23rd will continue to be accepted.Read more ›
According to CIC, during the past 12 months the approval rate for different application streams for permanent residence has been as follows:
Quebec Skilled Workers
Federal Skilled Workers (Pre-C-50)
Federal Skilled Workers (Post C-50)
Canadian Experience Class
Parents and Grandparents
Spouses & Partners
Family Class (Other)
Government Sponsored Refugees
Private Sponsored Refugees
FCH – Family Relations – H&C
90%Read more ›
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 fairness is eminently variable and its content is to be decided in the specific context of each case. When a visa officer does not rely on third party extrinsic evidence to make a decision it can often appear unclear when exactly it is necessary for an officer to afford an applicant an interview or a right to respond to the officer’s concerns. However, there will be a right to respond under certain circumstances.
Requirement to Provide Complete Applications
Visa officers do not have any legal responsibility to advise applicants of incomplete or inadequate applications.
In Kaur v. Canada (Citizenship and Immigration), 2010 FC 758, for example, the Federal Court dismissed a judicial review application of a visa officer’s refusal of an applicant under the Federal Skilled Worker Program. A visa officer determined that the application was deficient as it failed to include required information regarding the applicant’s salary and benefits. The applicant argued that the Canadian embassy should have told the applicant that this information was missing, and given her a chance to provide what was missing. However, the Court noted that there is no duty to advise an applicant of a deficient application. As Justice Mandamin noted, the process is clear. An applicant must provide a complete application.
As such, and to reiterate, visa officers do not have the obligation to notify applicants of inadequacies in their applications nor in the supporting documents.Read more ›
Please note that none of the information on this website should be construed as being legal advice. As well, you should not rely on any of the information contained in this website when determining whether and how to apply to a given program. Canadian immigration law is constantly changing, and the information above may be dated. If you have a question about the contents of this blog, or any question about Canadian immigration law, please contact the Author.
- Business and Entrepreneur Immigrantion
- Citizenship Applications and Revocations
- Family Class (Spousal Sponsorships, Parents & Grandparents)
- Humanitarian and Compassionate
- Immigration and Refugee Board
- Immigration Consultants
- Immigration Trends
- Judicial Reviews
- Labour Market Impact Assessments
- Maintaining Permanent Residency
- Provincial Nominee Programs
- Skilled Immigration (Express Entry, CEC, FSWC, Etc.)
- Study Permits
- Tax and Trusts
- Temporary Resident Visas
- Work Permits