Category Archive

    Deanna and Steven discuss the most baffling rules and programs in Canada’s immigration system. We also answer multiple requests to comment on the Canadian Immigration Lawyers Association recent statement that immigration consultants should be restricted to working for lawyers.

    A discussion of the House of Commons Standing Committee on Citizenship and Immigration’s study titled Report 21 – Conditions for Growth: Reconsidering Closed Work Permits in the Temporary Foreign Workers Program.

The Immigration, Refugees and Citizenship Canada (“IRCC“) Employer Portal is a mandatory online tool for Canadian employers hiring foreign workers on closed work permits in the International Mobility Program (“IMP”). Purpose The portal is mandatory for employers hiring through LMIA-exempt streams, such as intra-company transferees, post-graduation work permit holders, or workers under free trade agreements like CUSMA. The portal is designed to require that employers submit offers of employment that are used to measure compliance under the IMP.  Employers must use the portal to: Submit an Offer of Employment: Employers provide details of the job, including wages, duties, and working conditions, ensuring they meet Canadian labor standards. Pay the Employer Compliance Fee: A non-refundable fee ($230 as of 2024) supports program compliance and enforcement. Demonstrate Compliance: Employers use the portal to prove they’ve met their obligations, such as maintaining working conditions and wages promised in the offer. Jurisprudence In De Silva v. Canada (Citizenship and Immigration), 2024 FC 1798, the Department of Justice argued that when assessing work permit applications visa officers are required by program processing instructions to rely on the information contained in the portal, rather than weighing it against other information.  Justice McHaffie disagreed, noting that IRCC … Read More

  Andrew Mattu is the Principal Lawyer at Godwit Law Office, an immigration law firm, in Brampton ON. Ajaypal Singh Ahluwalia is an Associate at Godwit Law Office. We discuss restoration of status and Temporary Resident Permits (TRPs). Topics include how people fall out of status, eligibility for restoration of status, restoring to post-graduate work permits, removal during the restoration period, restoration of status and permanent resident applications, TRPs, when to recommend a TRP vs. leaving the country, processing delays and the 2025-2027 immigration levels plan. We then shift gears and discuss the experience of recent immigrants, including Ajaypal, in finding employment in Canada, and whether Canada is meeting the expectations of recent arrivals. Cases discussed are: *Udobong v. Canada (MCI), 2018 FC 234 (CanLII) -and – * Toure v. Canada (Public Safety and Emergency Preparedness), 2014 FC 1086 (CanLII)

The following PDF shows a history of previous efforts to regularize the status of undocumented people in Canada.

On November 6, 2024, IRCC updated its Guidance to state the following: Multiple-entry visa The multiple-entry visa allows the holder to seek entry to Canada from any country as often as necessary during the visa’s period of validity has a maximum validity date of up to 10 years or the expiry date of either the travel document or biometrics, whichever comes first can still be valid if affixed in a full or complete passport or travel document (in this case, the holder must also be in possession of a newer and valid passport or travel document and must present both documents to the airline carrier in order to travel to Canada and to the border services officer in order to seek entry to Canada) Guidelines for issuing single or multiple-entry visas Officers may exercise their judgement in deciding whether to issue a single- or a multiple-entry visa. Some factors to consider: Purpose of visit Is the applicant coming for a one-time event, such as a conference, training session or tourism, or will they be returning to Canada on a regular basis, such as to visit close family members? Are they a permit-exempt short-term student or worker? Do they require parent … Read More

    Douglas Cannon is a Partner at Elgin Cannon & Associates. A significant part of Doug’s practice involves helping refugees and protected persons navigate and defend against “cessation” applications. Cessation applications can strip refugees of their refugee status, as well as Canadian permanent resident status, if it’s found that they no longer need protection, based on specific grounds, including: (1) Choosing to return and seek protection in their home country, (2) Regaining their original nationality voluntarily, (3) Gaining a new nationality that offers them protection, (4) Reestablishing themselves in the country they once fled, or (5) No longer facing the threats that led them to seek asylum in Canada in the first place. Our guest sheds light on these complex processes, breaking down the legal challenges and sharing insights on how individuals facing these risks can protect their status in Canada. For a more detailed perspective from Doug, we highly recommend his article in the Canadian Association for Refugee Lawyer (CARL) Review, Vol. 1, No. 1 (https://www.canlii.org/en/commentary/doc/2023CanLIIDocs405), starting at page 43. To read the legislative amendments referenced by Doug in this episode, see here: https://www.parl.ca/documentviewer/en/41-2/bill/C-60/first-reading. On the closing conversation about claiming CPD points, we are currently looking into the … Read More

Canada has introduced special immigration measures for Iranian nationals currently in Canada, allowing them to apply for open work permits among other benefits. This program, effective through February 28, 2025, aims to support Iranian nationals who might face challenges returning to Iran due to ongoing political and social instability. Key aspects of the program include: Open Work Permits: Eligible Iranian nationals in Canada with valid temporary resident status can apply for open work permits, allowing them to work for almost any employer in Canada. This flexibility is designed to help Iranians who wish to stay and work amid the uncertainty at home. Fee Waivers: The Canadian government has waived processing fees for several applications, including work permits, temporary resident extensions, and biometric fees. Priority Processing: Applications submitted under this program are prioritized to facilitate swift processing. Additionally, Canadian citizens and permanent residents in Iran can access fee waivers for certain travel documents to facilitate their return to Canada if needed. Intake Statistics Q&A The following is internal IRCC Q&A on how this program works.

A discussion of Canada’s 2025-2027 Immigration Levels Plan and the 2024 Report to Parliament on Immigration, in which the Trudeau government cut planned permanent residence levels by 20%, imposed caps on the number of international students and workers that would be allowed into the country and declared that they expect 1,000,000+ people currently in Canada to leave in the next few years as a result of their changes.

    Alice Craft is a Research Associate in the Immigration knowledge area at the Conference Board of Canada. She recently published a paper titled Small Business, Big Impact Immigrant Hiring and Integration in Five Canadian Cities. We discuss the key findings of that study — namely, that: In fast-growing small and mid-sized Canadian cities, small and medium-sized enterprises (SMEs) in multiple sectors identified skill shortages as their most common employment challenge. SMEs are using practical and inclusive strategies to evaluate newcomers’ education and experience, but they rarely intentionally reach out to newcomers or work with immigrant‑serving agencies during recruitment and onboarding. SMEs prioritize English/French language skills, particularly spoken communication, when hiring immigrants. Language skills are particularly important in client-facing roles or those involving safety regulations. Negative experiences and limited understanding of immigration processes discourage SMEs from engaging with the immigration system. Affordable housing and access to public transit and child care compound labour market challenges for both job-seeking immigrants and SMEs looking to hire and retain talent. We also discuss her recommendations.