How can temporary foreign workers show that they will leave Canada at the end of their work permit?
Humanitarian & Compassionate Applications – The Establishment Factor
Subsection 25(1) of Canada’s Immigration and Refugee Protection Act provides immigration officers with the flexibility to grant on humanitarian and compassionate (“H&C“) exemptions to overcome the requirement of obtaining a permanent residence visa from abroad and/or to overcome class eligibility requirements and/or inadmissibilities. H&C applications may be based on a number factors, including: establishment in Canada; ties to Canada; the … Read More
Article 1E of the 1951 Refugee Convention
Article 1E of the 1951 Refugee Convention states: This Convention shall not apply to a person who is recognized by the competent authorities of the country in which he has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country. The leading case for interpreting … Read More
Work Permits Under The North American Free Trade Agreement / CUSMA
(the following is largely paraphrased from the IRCC website) The North American Free Trade Agreement (“NAFTA“) is a free trade agreement between Canada, the United States and Mexico. It facilities the temporary entry of individuals, including providing certain Americans and Mexicans with the ability to work in Canada without first requiring Labour Market Impact Assessments … Read More
The Global Talent Stream
On June 12, 2017 Canada’s Department of Employment and Social Development introduced the Global Talent Stream. Companies applying for workers through the Global Talent Stream have access to a streamlined Labour Market Impact Assessment process that provides eligible employers with: priority processing of applications for the Global Talent Stream and a client-focused service for the … Read More
IRCC/ESDC Employer Compliance Inspections
All employers of temporary foreign workers in Canada need to understand how the employer compliance regime works. Both Immigration, Refugees and Citizenship Canada (“IRCC”) as well as the Department of Employment and Social Development (“ESDC”) regularly audit and inspect the employers of foreign workers to make sure that they are complying with the Temporary Foreign … Read More
Options to Restore Status
There are many ways that people who come to Canada legally can suddenly find themselves inside Canada without valid status. Some may simply forget to submit applications to extend their status prior to the end of the period of their authorized stay. Others may submit their extension applications on time only to have Immigration, Refugees … Read More
National Documentation Packages
The Immigration and Refugee’s Board (“IRB“) National Documentation Package (“NDP“) is the starting point for compiling information for a refugee case. The NDP contains information on almost every country on earth. Each package contains a selection of documents on human rights, security conditions, and other issues that are relevant to the determination of refugee protection … Read More
The Return of Incomplete Applications
I have previously written in this blog about how Immigration, Refugees and Citizenship Canada (“IRCC’) has adapted an exceptionally strict approach to returning applications for incompleteness. I have also written in Policy Options about how frustrating this approach can be, because one of its main purposes appears to be to allow politicians to boast about … Read More
Labour Market Impact Assessments – The Genuiness Factor
Section 203(1)(a) of the Immigration and Refugee Protection Regulations (“IRPR“) requires Service Canada to only issue a positive Labour Market Impact Assessment (“LMIA“) when it is satisfied that an employer’s job offer is genuine. The IRPR lists several specific factors which Service Canada officers must consider in a genuineness analysis. The Genuineness Factors Section 200(5) of … Read More