It is generally regarded as difficult for people who are from countries with bad home country conditions to apply for permits. Hamad v. Canada (Citizenship and Immigration), 2012 FC 336 is an example of how to put together an application that can overcome these issues.
Background
When he applied, Mr. Hamad lived in Benghazi, Libya, with Ms. Mahmoud and their four children who were all under the age of ten. They were all Libyan citizens. In 2011, Mr. Hamad applied to study in Canada at George Brown College in a business administration-accounting program.
Mr. Hamad had two brothers living in Libya. His third brother was a Canadian citizen who lived in Toronto and who testified that he was committed to supporting and financially assisting his brother’s family during their stay in Canada. Mr. Hamad had previously traveled to Egypt, and in his application stated that he had visited his brother in Canada in 1991, on a visitor’s visa valid from January 24, 1991 to July 23, 1991, and that he left Canada before the expiry date.
The family had no debts, had a home, an orchard and a well in Libya. Mr. Hamad also owned a transport truck and an interest in a building supply store. He was the Head of Teaching Staff Human Resources, Faculty of Agriculture, Garyounis University in Benghazi, and his wife was a teacher. Both of them arranged for leaves of absence from their jobs while in Canada.
Refusal
IRCC refused the application. The refusal was because the officer was not satisfied that the family would return to Libya after their visit. In reaching this view, the officer examined their travel history; their purpose for the visit; family ties in Egypt,
» Read more about: Applying for a Permit When Country Conditions Are Not Good »
Read more ›Regulation 181(1) of the Immigration and Refugee Protection Regulations provides that a foreign national may apply for an extension of their authorization to remain in Canada as a temporary resident if:
- the application is made by the end of the period authorized for their stay; and
- they ahve complied with conditions imposed on their entry to Canada.
Regulation 181(2) further states that an officer shall extend the foreign national’s authorization to remain in Canada as a temporary resident if it is established that the foreign national will leave Canada by the end of the period authorized for their stay, holds a passport and is not inadmissible to Canada.
Factors
There are many factors that immigration officers will consider in assessing whether to extend someone’s status in Canada. These include:
- What is the individual doing in Canada?
- How long has the individual been in Canada?
- How long is the extension request for?
- Do they have a valid job offer? If so, are they able to perform the work?
- What activities has the individual done during their time in Canada?
- Are they earning enough to support themselves?
- Can someone else provide adequate support?
- Does the individual have the means and ability to either return to their home country or to proceed onward to a third country?
- Has the original purpose of the visit been fulfiled?
- Is the proposed extension logical, reasonable and feasible in light of the person’s circumstances?
- What ties does the person have to their home country?
Read more ›
I was recently provided with Access to Information Act results that an immigration consultant obtained which lists for 2016, 2017 and Jan – Aug 2018 the number of applications finalized, the approval rate, and the processing time, for the following applications from every IRCC office:
- Temporary Resident Visa
- Study Permit
- Work Permit
- Electronic Travel Authorisation
The results can be found in the embedded PDF below.
» Read more about: Statistics – Temporary Residence Approvals by Visa Office »
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In recent years, more than one million people annually have been applying for visitor visas to visit Canada. Several hundred thousand more apply for work permits or study permits each year. Immigration, Refugees and Citizenship Canada will refuse around 20 per cent of these applications, sending a generic refusal letter, providing vague reasons off a checklist.
What most refused applicants don’t realize is that behind these decisions are additional, often very detailed reasons that aren’t provided in the refusal letter. These internal reasons can range from a few short sentences, to sometimes even more than a page of reasoning that IRCC does not share with the applicant. It is important for refused applicants to apply for and obtain the full internal reasons for IRCC’s refusal of their application before they try to reapply. (Learn how at canadianimmigrant.ca/immigrate “Application refused? What CIC states in refusal letters is not the whole story.”)
It is also important to understand the numerous factors that visa officers consider when assessing temporary residency applications to determine whether someone will leave Canada by the end of their authorized stay. By knowing what these factors are, applicants can maximize the likelihood of successfully assembling a strong visa application.
The first, and arguably most significant, factor is travel history.
Lengthy travel history?
It is probably not surprising that a lengthy travel history is a very positive factor for visa officers when determining whether to issue someone a temporary visa. Indeed, if there’s no significant change in someone’s personal history since their last trip, a passport that is filled with entry stamps to other countries is a good sign. If those stamps are from developed countries, and there is nothing to suggest that a visa applicant failed to comply with the laws of other countries that they visited,
» Read more about: Visiting Canada? How to fill out a successful temporary visa application »
Read more ›On April 13, 2017 the Government of Canada introduced several regulatory amendments to the Electronic Travel Authorization (“eTA”) regime. The changes to the eTA program came into effect on May 3, 2017. Before reading about the changes, those who are unfamiliar with the eTA should read my previous posts on this topic titled ETA Regulations Announced and Electronic Travel Authorizations.
In brief, the eTA is an electronic document requirement for visa-exempt air travellers to Canada, excluding citizens of the United States. Travellers who are visa-exempt must apply online for an eTA by providing basic biographical, passport and personal information. An automated system then compares this information against immigration and enforcement databases to determine if the traveller is admissible to Canada. The vast majority of applications are approved automatically, with a small percentage referred to an officer for review.
It is similar to ESTA in the United States.
Brazil, Bulgaria and Romania
Effective immediately, citizens of Brazil, Bulgaria, and Romania no longer need to apply for temporary resident visas to visit Canada and can instead apply for eTAs if they have held a temporary resident visa at any time during the 10-year period immediately preceding the day on which they make their application or hold a valid United States nonimmigrant visa on the day on which they make their application.
However, Brazilians, Bulgarians and Romanians will still generally need a visitor visa if driving to Canada from the U.S. or arriving by bus, train or boat, including a cruise ship from Alaska (even if someone is not leaving the ship).
This requirement for a visa will be lifted for Bulgarians and Romanians on December 1, 2017.
There is no indication when it will be lifted for Brazilians.
» Read more about: eTA Regulations Amended »
Read more ›Last updated on February 21st, 2021
During Canada’s 2015 federal election, the Liberal Party of Canada, led by Justin Trudeau, promised that if they were elected government that Canada would lift its visa requirement on Mexico. This campaign promise is reflected in now Prime Minister Trudeau’s mandate letter to John McCallum, the Minister of Immigration, Refugees, and Citizenship, which states that one of Minister McCallum’s top priorities will be to lift the visa requirement on Mexico.
The decision by the previous Conservative Government of Canada in 2009 to implement a visa requirement for Mexican citizens was extremely controversial. It is difficult to determine whether it was a good public policy decision because of the numerous factors involved, each with corresponding benefits and costs. It is clear, however, that the implementation of the visa requirement did achieve the government’s primary objective, which was to dramatically reduce refugee claims from Mexican citizens in Canada. However, subsequent changes to Canada’s immigration refugee system, likely mean that the visa requirement is no longer necessary to achieve this objective.
The Visa Requirement
Canada imposed a visa requirement on Mexican citizens on July 14, 2009. The Canadian government stated that it did so to dramatically reduce the number of unfounded refugee claims made by Mexican nationals due to their visa-free access to Canada. Mexico was at the time the top source country for asylum claimants in Canada, and had been so since 2005.
The imposition of the visa requirement imposed a significant burden on Mexican citizens wishing to travel to Canada. Instead of being able to simply board an airplane and travel to Canada, Mexican citizens now prior to travel have to apply for a temporary resident visa at a Canadian consulate,
Read more ›Last updated on March 19th, 2019
It is not uncommon for people who are applying for temporary residency are scared to admit anything that could convey a future desire to immigrate to Canada. However, Immigration, Refugees and Citizenship Canada (“IRCC“) recognizes that having two intents (one temporary and one permanent) is legitimate. Its policy on this is commonly known as “dual intent.”
» Read more about: Understanding Dual Intent »
Read more ›Last updated on April 3rd, 2021
There are generally two types of religious workers who seek entry to Canada to work. The first are clergy (which includes Buddhist monks, Sikh granthis, rabbis, priests, preachers, pastors, etc.) whose employment in Canada will consist mainly of preaching doctrine, presiding at religious functions, or providing spiritual counselling. Section 186(l) of the Immigration and Refugee Protection Regulations (“IRPR“) provides that such people may work in Canada without a work permit. IRPR r. 186(l) states:
186. A foreign national may work in Canada without a work permit
(l) as a person who is responsible for assisting a congregation or group in the achievement of its spiritual goals and whose main duties are to preach doctrine, perform functions related to gatherings of the congregation or group or provide spiritual counselling;
Generally, applicants applying to work in Canada without a work permit under IRPR r. 186(l) need to demonstrate that they have a genuine offer of employment from the religious denomination that seeks to employ them, that the organization employing them can provide for their care and support, and that they are able to minister to a congregation under the auspices of that congregation’s denomination.
To demonstrate this, applicants should provide the following documents, where applicable:
- Certificate of Incorporation of the employer;
- Proof of registration as a charity or non-profit;
- Statement from the religious organization showing:
- the date and place of founding of the religious organization;
- length of time in continuous operation in the province or territory of destination;
- description of the structure of the organization;
- copies of relevant corporate and society documents;
» Read more about: Religious Workers and Work Permits »
Read more ›How can temporary foreign workers show that they will leave Canada at the end of their work permit?
Read more ›Canada has imposed visa requirements on five new countries. The countries are St. Lucia, St. Vincent, Namibia, Botswana, and Swaziland.
In its press release the government stated that the reasons for the imposition of the visa requirement on these countries were to:
- Reduce the risk that individuals engaged in organized crime or the trafficking of persons could gain entry to Canada, and to address concerns over fraudulent documents.
- Address the issue of unreliable travel documents from St. Lucia and St. Vincent because criminals from these countries can legally change their names and acquire new passports. In some instances, people who were removed from Canada as security risks later returned using different passports.
Refugee Data
Of course, the unspoken reason behind any decision to impose a temporary resident visa requirement on the country is that the government is concerned that people will not leave Canada at the end of their authorized stay, and in some cases claim refugee status.
Data from the Canadian Council of Refugees confirms that concern over refugee claims was likely a factor in imposing visa requirements on at least two of the above-mentioned countries.
In 2011, the Immigration and Refugee Board decided, or claimants abandoned, 824 refugee claims for individuals from Saint Vincent. Indeed, this small island nation with a population of 120,000 was the 8th highest source country for refugee claims in Canada. Of the 824 individuals, 76 abandoned their claims. Only 38.5% of the remaining claims were accepted, which was below the 2011 global average.
To put the 824 individuals into perspective, in 2011 almost 0.7% of Saint Vincent’s population had a refugee claim decided in Canada.
There was also a large number of refugee claims (604) from Saint Lucia,
» Read more about: Canada Imposes Visas on Five New Countries »
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