Effective April 1, employers will have to submit the following information when applying for a Labour Market Opinion.Read more ›
Section 10 of the ESA provides that a person must not request, charge or receive, directly or indirectly, from a person seeking employment a payment for employing or obtaining employment for the person seeking employment, or providing information about employers seeking employees. Immigration practitioners, who are frequently asked to assist people in finding jobs, must ensure that they do not contravene s. 10 of the ESA.Read more ›
Last updated on August 6th, 2020
Where an applicant submits a complete application, but an immigration officer nonetheless has concerns regarding the merits of it, the immigration officer will often provide a fairness letter to the applicant. This requirement has arisen from Federal Court of Canada jurisprudence which provides that the duty of procedural fairness can require that an applicant be given an opportunity to respond to a decision maker’s concerns when those concerns go beyond simply whether the legislation or related requirements are met on the face of the application. When, for example, the applicant may be unaware of the existence or the basis of the concern, procedural fairness may require prior notice of the concern before a decision is made so that the applicant has an opportunity to try to disabuse the officer of the concern. As the Court noted in Kaur v. Canada (Citizenship and Immigration), 2020 FC 809, this is the case for both temporary and permanent residency applications.
The failure to adequately respond to a procedural fairness letter is generally the refusal of the application.
Unfortunately, many individuals do not take the time to properly respond to the procedural fairness letter. Upon review, it is often apparent that the reason for the inadequate response is either because the applicant did not understand the fairness letter, or because they simply did not know how to respond appropriately. As well, the fault may lie with the visa officer if the procedural fairness letter was insufficient.
Accordingly, there are several things that applicants should know about responding to procedural fairness letters.
The first thing is perhaps the most obvious, and that is that applicants should address the issues that are raised in the fairness letter.Read more ›
CIC has announced a change in the salary range for BC and Quebec companies wishing to hire foreign workers in the IT sector. A work permit will not be issued unless the prospective foreign worker’s salary is in line with the following salary ranges:Read more ›
On December 8, 2010, the Federal Court released its decision in Masych v. Canada (Citizenship and Immigration), 2010 FC 1253 (“Masych“) The case involved an individual whose temporary work permit application was denied because she did not produce income tax statements from 2002-2006 after an immigration officer (the “Officer”) requested that she do so. The reason that the Officer wanted copies of her tax statements was not to confirm her employment history for determining whether or not she was qualified for the job that she was applying for, but rather to determine whether or not she was inadmissible for having ever committed tax evasion.
The applicant had never been convicted of a criminal offense. No evidence was ever presented that she had been charged with a criminal offense. Finally, it is important to note that the applicant lived in the United Kingdom from 2002-2006, a country with a legal system similar to Canada’s.
The applicant did not produce the income tax statements as requested, and her application was rejected on the grounds that the Officer was unable to determine whether or not she was inadmissible to Canada for having committed an offense abroad that would constitute an indictable offense in Canada (tax evasion). The Federal Court upheld the Officer’s decision. The Court noted that the Officer had a duty to be satisfied that the applicant was not inadmissible, and that tax evasion could result in an applicant being inadmissible.
A reading of the case suggests that the only argument that the applicant’s counsel made was that the applicant had provided a statement stating that she only worked part time, confirmed by the employer, and that this should have satisfied the visa officer. The Federal Court quickly punted this decision aside noting that such a response did nothing to alleviate the officer’s concern.Read more ›
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There are currently thousands of young adults each year who come to Canada through an International Experience Canada exchange. Those coming under the Working Holiday program receive open work permits, while those coming under the International Co-Op and the Young Professionals programs receive employer-specific work permits.Read more ›
A reminder to employers that as a result of the global recession, concurrent processing for work permits and labour market opinions are no longer available. Not only that, but all Labour Market Opinions now expire six months after issuance.Read more ›
When an individual under the Working Holiday Program wants to become a permanent resident.Read more ›
CIC has waived the requirement for a Labour Market Opinion for foreign medical residents and medical research fellows completing their training or research in Canada. The decision is effective September 1, 2010.Read more ›
Please note that none of the information on this website should be construed as being legal advice. As well, you should not rely on any of the information contained in this website when determining whether and how to apply to a given program. Canadian immigration law is constantly changing, and the information above may be dated. If you have a question about the contents of this blog, or any question about Canadian immigration law, please contact the Author.
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