Category Archive

In this episode of the Borderlines Podcast, Amandeep Hayer and Steven Meurrens break down the latest Express Entry reforms under consideration by IRCC, and what they could mean for applicants, lawyers, and Canada’s immigration system as a whole. We walk through newly released consultation materials (shared with permission from the Canadian Bar Association), including: a complete overhaul of Express Entry, including merging the Canadian Experience Class, the Federal Skilled Worker Class and the Federal Skilled Trades Class into a single program; a shift toward high-wage occupations as a key selection factor; the potential removal or reduction of points for spouses, French language ability, Canadian study, and siblings in Canada; and changes to language thresholds, work experience requirements, and ranking criteria. We also explore the broader policy implications, including whether these reforms will actually improve outcomes. As it turns out, when it comes to predicting earnings in Canada the points do matter. IRCC’s powerpoint can be found here: 💬 We want to hear from you: What do you think about these proposed changes?

In recent years, bank statements have become an increasingly common, and often decisive, requirement in applications submitted to Immigration, Refugees and Citizenship Canada (“IRCC”), including visitor visas, work permits, and study permits. While proof of funds has always been part of the framework, officers are now placing greater emphasis on detailed financial documentation rather than relying solely on summary letters or declarations. For visitor visa applications, bank statements are frequently used to assess whether an applicant has the financial means to support their stay in Canada without working. Officers are also using them to evaluate broader credibility factors, such as whether an applicant’s financial profile aligns with their stated travel plans. A sudden influx of funds or inconsistencies between income and savings can raise concerns about the genuineness of the application. In the work permit context, particularly for owner-operator or entrepreneurial applications, bank statements are increasingly used to assess whether a business is viable and whether the applicant can realistically sustain operations and meet payroll obligations. Even in employer-specific work permits, financial documentation may be requested to confirm that wages can be paid and that the underlying job offer is credible. For study permits, bank statements now play a central … Read More

Section 34 of the Immigration and Refugee Protection Act states:  34 (1) A permanent resident or a foreign national is inadmissible on security grounds for (a) engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests; (b) engaging in or instigating the subversion by force of any government; (b.1) engaging in an act of subversion against a democratic government, institution or process as they are understood in Canada; (c) engaging in terrorism; (d) being a danger to the security of Canada; (e) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or (f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b), (b.1) or (c). The Test for Subversion Canadian immigration legislation does not define subversion. Several Federal Court of Canada decisions have found that it does not require violence, including Oremade v Canada (Minister of Citizenship and Immigration), 2005 FC 1077, where Justice Phelan stated: I agree with the IAD’s conclusion that the term “by force” is not simply the equivalent of “by violence”. “By force” includes coercion or compulsion by violent means, coercion or compulsion … Read More

Canadian citizenship carries significant rights and responsibilities, and as a result it is not granted lightly. Individuals seeking to become Canadian citizens must demonstrate that they meet several eligibility requirements set out in the Citizenship Act. These requirements are designed to ensure that applicants have established a meaningful connection to Canada before being granted citizenship. One of the most important requirements applies to adult permanent residents who apply for citizenship. To be eligible, applicants must show that they satisfy all of the criteria in subsection 5(1) of the Citizenship Act. These criteria include factors such as holding permanent resident status, meeting language requirements where applicable, filing taxes when required, and passing a citizenship knowledge test. A key component of eligibility is the residency requirement. Under the Citizenship Act, an applicant must demonstrate that they were physically present in Canada for at least 1,095 days during the five-year period immediately before the date of their citizenship application. In other words, an applicant must have spent at least three years in Canada within the relevant five-year window. This physical presence requirement is assessed based on the actual number of days that the applicant was in Canada. Applicants are therefore required to carefully … Read More

The following is the IRCC Manual on H&C applications.

In 2020, over 400,000 international students at the post-secondary level in Canada will return to school.   Many will want to stay and work in Canada after graduating.  All will be subject to mandatory conditions of their stay as a student in Canada.  It is important for all international students, and especially those who wish to one day work in or immigrate to Canada, to understand these conditions, as the consequence of failing to comply with one of the them is removal from Canada and a one year bar from returning. The Law on Study Permit Compliance Regulation 220.1(1) of Canada’s Immigration and Refugee Protection Regulations provides that the holder of a study permit in Canada must enroll at a post-secondary institution that accepts international students, also known as a designated learning institution, and remain enrolled at the designated learning institution until they complete their studies.  As well, students must actively pursue their course or program of study. Canadian immigration authorities typically interpret this legislative requirement as being that students must be enrolled full-time or part-time during each academic semester (excluding regularly scheduled breaks), that they must make progress towards completing their program’s courses and that they cannot take authorized leaves … Read More