To submit a Canadian citizenship application, an individual generally needs to meet the following requirements: have permanent resident status in Canada; meet a physical presence in Canada test. Specifically, they must have lived in Canada for at least 1,095 days in the 5 years before they apply; demonstrate language proficiency, unless they are exempt due … Read More
LMIA Exemption Code C-60
On December 15, 2022, Immigration, Refugees and Citizenship Canada (“IRCC”) updates its Labour Market Impact Assessment (“LMIA”) exemption codes. An LMIA is an opinion from Service Canada that the entry of a foreign worker will have a positive or neutral impact on the Canadian labour market. To obtain a positive LMIA employers must generally recruit … Read More
Deemed Rehabilitation
An individual who is criminally inadmissible to Canada may be deemed rehabilitated depending on the crime that was committed, the amount of time that has passed since the crime was committed, the maximum term of punishment for the crime and whether the person committed one or more crimes. It is not necessary to apply to … Read More
Self Employment and The Canadian Experience Class
The Canadian Experience Class (the “CEC”) is an immigration program for skilled workers who have Canadian work experience and want to become permanent residents. Regulation 87.1(3)(b) of the Immigration and Refugee Protection Regulations provides that any period of self-employment shall not be included in calculating Canadian work experience under the CEC. The Immigration Refugee and Citizenship Canada … Read More
Applying for a Study Permit
Generally, to be eligible for a study permit, a potential student must: present a letter of acceptance from the educational institution where she intends to study. This school must be a Designated Learning Institution; be able to both pay the tuition fees of the program as well as be able to financially support themselves and any … Read More
International Experience Canada
International Experience Canada (“IEC“) provides young individuals the opportunity to travel and work in Canada. The program has grown considerably since it was introduced in 1951, and in 2016 IEC comprised 22% of International Mobility Program (“IMP“) work permits, making it the largest component of the IMP. The IEC Programs Participation in IEC is currently … Read More
Assessing the Genuineness of a Work Permit Offer of Employment
Canada’s Immigration and Refugee Protection Regulations (the “IRPR“) states that a work permit application must be refused if an officer determines that the offer of employment is not genuine. Section 200(5) of the IRPR states that in order to determine whether an offer of employment is genuine an officer should consider (a) whether the offer is made … Read More
New Regulations to Protect Foreign Workers
On September 26, 2022, regulatory changes to Canadian immigration law took effect with the goal being to increase protections for temporary foreign workers. All employers who currently employ, or wish to employ, foreign workers should understand these changes. In order to understand the changes, it is necessary to understand the distinction between the Temporary Foreign … Read More
Chinook
In addition to automated triaging Immigration, Refugees and Citizenship Canada (“IRCC”) has also introduced software so that officers can bulk process applications. The software tool is known as Chinook. According to an affidavit that IRCC filed in Federal Court, Chinook is a standalone tool that streamlines administrative steps. Applicant information is extracted from their applications … Read More
Approaching Members of Parliament
A frequent question that people ask is what role their Member of Parliament can play in assisting them. Requests In my opinion, the biggest role an MP can play is getting a timely status update. MPs typically can get an update in 48 hours, as opposed to 30 days for an Access to Information Act request or … Read More