Immigration Blog

The Permit Holder Class provides a permanent residence pathway for individuals who hold a valid temporary resident permit (“TRP”) and who remain inadmissible to Canada on the same grounds that originally led to the permit’s issuance. This class is designed for people who have demonstrated long-term compliance and establishment in Canada despite previous inadmissibility. Eligibility Based on Health Inadmissibility An applicant may qualify for permanent residence under this class if: The initial inadmissibility was due to health reasons; The individual currently holds a valid temporary resident permit; The individual has resided continuously in Canada as a permit holder for at least three years; The same health-related inadmissibility persists at the time of application; and There are no additional grounds of inadmissibility, such as criminality or security concerns. Eligibility Based on Other Grounds of Inadmissibility An applicant may also qualify if the inadmissibility was for reasons other than health, provided that those reasons do not include security risks, human-rights violations, organized crime, or serious criminality. In such cases, eligibility requires that: A valid temporary resident permit remains in effect; The individual has resided continuously in Canada as a permit holder for at least five years; The same grounds of inadmissibility that … Read More

The following is an IMMRep response on the issue of employers of record.

Question 2

Mason v. Canada was a Supreme Court of Canada decision which assessed whether inadmissibility on security grounds for engaging in violence required a nexus to national security.   The Supreme Court of Canada’s decision clarified the interpretation of “inadmissibility on security grounds” under section 34(1)(e) of the Immigration and Refugee Protection Act (the “IRPA”). The Court ruled that to deem someone inadmissible under this provision, there must be a direct link between the acts of violence committed and a threat to national security. This decision overturned a Federal Court of Appeal which had permitted a broader interpretation that did not require such a link to national security. Jurisprudence In Ali v. Canada (Public Safety and Emergency Preparedness), 2025 FC 1682, the Federal Court held that in assessing whether someone is inadmissible for membership in a group that engaged in subversion it is necessary for the decision maker to determine whether a person’s removal would be contrary to the principle of non-refoulement, i.e., are they actually a danger to the security of Canada?

Here are some IRCC PPT slides on Canadian asylum claims from Indian nationals, and southbound apprehensions by US border patrol. IRCC has plans to reduce the overall claim rate from India back to 2019 levels. It anticipates that its plan could lead to reduced approval rates and increased processing times. Hare are slides on training material for processing applications from India.

When immigration applications take longer than expected, one common reason is security screening. Several government agencies are involved in this process, and one of the organizations that provides oversight is the National Security and Intelligence Review Agency (the “NSIRA”). The NSIRA is an independent review body created by Parliament in 2019. Its role is to oversee the national security and intelligence activities of federal agencies such as the Canada Border Services Agency (“CBSA”), the Canadian Security Intelligence Service (“CSIS”), and the Royal Canadian Mounted Police (“RCMP”). This includes reviewing how these agencies handle immigration and citizenship security screening. All immigration and citizenship applications involve background checks. In many cases, this is straightforward and completed quickly. However, for some applicants, the process can involve: CBSA: verifying admissibility to Canada; CSIS: conducting security assessments where potential risks are identified; RCMP: checking law enforcement records. If additional information is needed, applications may remain under review for an extended period. Role of the NSIRA The NSIRA does not process applications or make immigration decisions. Instead, its job is to review whether the activities of agencies like CBSA and CSIS are lawful, reasonable, and carried out properly. In addition to broad oversight, the NSIRA also … Read More

Canada’s immigration regulations recognize that some foreign nationals may need to work while their status is being resolved. Section 206 of the Immigration and Refugee Protection Regulations (IRPR) allows work permits to be issued to individuals who cannot support themselves without employment, including: Refugee claimants whose case has been referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) but has not yet been decided [R206(1)(a)]. Individuals subject to an unenforceable removal order [R206(1)(b)]. When is a Removal Order Enforceable in Canada? Under Canada’s immigration law, a removal order only becomes enforceable when it comes into force and all conditions for a stay are lifted. Until then, many removal orders remain “on hold.” Conditional Removal Orders for Refugee Claimants Most refugee claimants are issued conditional removal orders, which remain unenforceable while their claim is being decided. The Immigration and Refugee Protection Act (IRPA) outlines specific situations when a removal order comes into force for claimants. Who Else Has an Unenforceable Removal Order? Several categories of people may be under a removal order but cannot actually be removed from Canada until certain steps are completed: Failed refugee claimants who are appealing their Immigration and Refugee Board decision. … Read More