Sections 87(1) and (2) of the Immigration and Refugee Protection Regulations provide that: 87 (1) For the purposes of subsection 12(2) of the Act, the provincial nominee class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada. Member of the class (2) A foreign national is a member of the provincial nominee class if (a) subject to subsection (5), they are named in a nomination certificate issued by the government of a province under a provincial nomination agreement between that province and the Minister; and (b) they intend to reside in the province that has nominated them. In Dhaliwal v. Canada (Citizenship and Immigration), 2016 FC 131, Justice Diner wrote: The assessment of intention, since it is a highly subjective notion, may take into account all indicia, including past conduct, present circumstances, and future plans, as best as can be ascertained from the available evidence and context. In this case, the Applicant clearly expressed her intention to permanently reside in Brampton, Ontario, as well as her intention to finish her PhD in Quebec, which required continued temporary residence in Quebec. These intentions are not contradictory; … Read More
Citizenship Applications – Residency
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
Borderlines Podcast #195 – 2026 Predictions for Canadian Immigration Law
The first Borderlines episode of 2026 is our annual recap + predictions roundtable with Ottawa immigration lawyer Tamara Mosher-Kuczer. We look back at what actually happened in 2025, what surprised us most, and what 2026 might bring. Timestamps / Chapters 0:52 Looking back: how many predictions were right last year? 14:40 2026 predictions 39:46 Listener question: What will happen with caregivers? 42:28 Listener prediction: Turning asylum into a temporary pathway 46:11 Listener question: Trades vs. Francophones 52:12 Listner question: LMIA exemptions / significant benefit work permits—any expansion? 57:56 Will Canada’s population increase or decrease in 2026? Subscribe for weekly immigration law breakdowns and policy updates, and tell us: What’s your boldest 2026 immigration prediction?
H&C Applications
The following is the IRCC Manual on H&C applications.
Study Permit Compliance
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
Borderlines Podcast #194 – Are You Now a Canadian
Amandeep Hayer and Lisa Middlemiss, co-authors of the book Canadian Citizenship: What Practitioners Need to Know, discuss citizenship by descent now that Bill C-3 is in force. Topics discussed include what changed under Bill C-3, citizienship by descent, how far citizenship can be traced back, proving citizenship without provincial birth certificates, interim measures vs. proof of citizenship applications, processing times, urgent requests, Canadians without proof who can’t get work permits or SINs, why adoptees may still be treated differently, fraud concerns, and how many Americans may now be Canadian citizens. We also answer live listener questions and comments, including whether Canada will now have to many new Canadians, a possible TR → PR pathway, work permit options for foreign doctors, slow processing times, Bill C-12 and Canadian immigration law predictions for 2026. Amandeep’s blog post on Bill C-3 can be found here – https://hayerlawoffice.ca/2025/11/03/no-bill-c-3-does-not-create-a-new-second-generation/