A. Connie Campbell is a lawyer at Edelmann & Co. We discuss inadmissibility for organized crime and answer a question about whether we think that law societies should screen lawyers for Islamophobia or anti-Palestinian sentiments.
Who Needs a Study Permit
All foreign nationals are required to obtain a study permit for engaging in academic, professional, vocational or other education or training that is more than six months in duration at a Designated Learning Institute in Canada, unless exempted. The following are not considered studies which requires a study permit: pre-school (pre-kindergarten) courses of general interest or self-imporvement distance learning audited courses (typically by sitting in on an academic course but iwthout obtaining credit for it or having the ability to obtain credit for it retroactively) Legislation Section 30(2) of the Immigration and Refugee Protection Act states: 30(2) Every minor child in Canada, other than a child of a temporary resident not authorized to work or study, is authorized to study at the pre-school, primary or secondary level. Regulation 188(1) of the Immigration and Refugee Protection Regulations states: 188 (1) A foreign national may study in Canada without a study permit (a) if they are a family member or a member of the private staff of a foreign representative who is properly accredited by the Department of Foreign Affairs and International Trade and who is in Canada to carry out official duties as a diplomatic agent, consular officer, representative or official of a country … Read More
Borderlines Podcast #52 – Ranking Economic Immigrants and Listener Q&A, with Asha Kaushal
A discussion of the philosophy behind economic immigration, how Canada ranks economic immigrants, Ministerial Instructions and listener Q&A. Ashal Kaushal is an Assistant Professor at the University of British Columbia’s Allard School of Law, where she teaches, amongst other courses, Immigration Law. 6:00 An introduction to Canada’s points system, how Express Entry changed it and Ministerial Instructions. 14:30 The three models of economic immigration. The Human Capital Model, the Demand-Driven Model and the Neo-Corporatist Model 22:00 How the same job offer can be worth different points depending on the immigration program. 28:30 Is it possible to qualify the value of a prospective economic immigrant through their job? 32:00 Why are the points what they are? Why would a job offer go from 600 to 200 / 50, for example? How did the change from Conservative to Liberal government change? 37:30 A ranking system based on wage. 44:00 Ministerial Instructions Listener Questions 55:30 How long will Express Entry last before they bring in a whole new system? 1:00 Should there be country caps on economic immigration? Will India remain the top source country of immigrants? 1:06 What, if anything, should be done about how the federal and provincial governments have … Read More
Borderlines Podcast #102 – What Being a Visa Officer Was Like, with Corey Clamp
Corey Clamp worked at Citizenship and Immigration Canada from 2003-2008. His roles included working as a Litigation Management Analyst in Ottawa, several supervisory roles at the Canadian High Commission in New Delhi and as a Senior Immigration Officer at the Canadian visa office in Ho Chi Minh City. We discuss Corey’s immigration career, the importance of overseas offices, refusing applications, the importance of individual personalities in the visa processing process and things that Corey believes members of the public or applicants should understand about the role of visa officers. We also answer a recent question about what our thoughts are regarding Immigration, Refugees and Citizenship Canada’s 2023 Temporary Public Policy to bulk waive eligiblity requirements to clear the temporary resident visa backlog, and the 19,000 refugee claims that resulted by the end of 2023.
Capping New Temporary Residents
On March 21, 2024, Marc Miller, Canada’s Minister of Citizenship and Immigration, alongside Randy Boissonnault, the Minister of Employment, Workforce Development and Official Languages, held a press conference to announce what may be considered one of the most substantial changes to Canadian immigration law in years. Canada is set to implement a limit on the temporary residents. Canada’s immigration department has for the past several decades set limits on the number of new permanent residents admitted each year. Its detailed plans are publicly available on the Immigration, Refugees and Citizenship Canada (“IRCC”) website. In 2024, for example, Canada plans on welcoming 485,000.00 new permanent residents. Of these, 281,135 will come through economic immigration programs, 114,000 will be through family sponsorships, 76,115 will be refugees or protected persons, and 13,750 will be visa compassionate consideration streams and other public policies. Unlike the fixed limits for new permanent residents, Canada has historically not imposed a specific cap on the temporary residents – such as students, temporary workers, or visitors – that are admitted each year. Instead, the demand from non-governmental entities like businesses and educational institutions has largely determined the number of temporary residents accepted. While IRCC may reject applications for reasons … Read More
IRCC Case Code Types
Here is a list of the IRCC case codes.
IRCC ENF2 – Evaluating Inadmissibility
Immigration, Refugees and Citizenship Canada Enforcement Manual 2 / Overseas Processing 18 – Evaluating Inadmissibility (“ENF2“) is not publicly available on the IRCC website. “]
The Difference between an H&C and a TRP Application
In Mpoyi v Canada (Immigration, Refugees and Citizenship), 2018 FC 251, affirmed in Lee v. Canada (Citizenship and Immigration), the Federal Court of Canada stated: The Officer was correct to conclude that he lacked the authorization to consider the Applicants’ alternative TRP request. However, his assertion that a separate application should be submitted for the TRP request constitutes a reviewable error. The Officer should have forwarded this request to the proper decision-maker upon refusing the Applicants’ application for permanent residence in Canada on H&C grounds. For this reason, and with the consent of the Respondent, the Applicants’ judicial review is granted on this issue. I find the H&C decision to be reasonable. The judicial review in relation to that matter is dismissed. In Kaur v. Canada (Citizenship and Immigration), 2024 FC 337, the Federal Court held that the best interests of a child analysis in H&C jurisprudence does not apply in the temporary resident permit context.
Borderlines Podcast #100 – What Being a Judge is Like, with Peter Edelmann
Peter Edelmann was a founder of the Borderlines podcast and immigration lawyer who was appointed to the British Columbia Supreme Court in December, 2019.
Borderlines Podcast #99 – When will Express Entry Points Decrease, with Amandeep Hayer
Amandeep Hayer is the founder of Hayer Law, a Vancouver immigration law firm. The Express Entry points requirement is currently higher than it has ever been. In this episode we discuss when they are likely to decrease. We also discuss a recent Ontario court decision which struck down Canada’s two generation limit on citizenship by descent. Finally, Steve recently listened to a podcast which stated that the following are five signs that a lawyer is not taking their practice seriously. They are: (1) the lawyer answers their own phone rather than having calls go through a receptionist, (2) they use a non-professional e-mail account like gmail, (3) they meet potential clients at coffee shops, (4) they lower their fees when pressured, and (5) they have many practice areas. We also discuss not having a website, Law Society sanctions and Google reviews. 00:00 – Introduction and Express Entry 28:00 – Ontario decision striking down citizenship by descent limitation 37:00 – Are these signs that a lawyer is not taking their practice seriously?