The ability of an applicant to be admitted to Canada despite not meeting the requirements for an immigration program is one of the more complicated areas of immigration law. Section 25 of the Immigration and Refugee Protection Act provides that an immigration officer may grant a foreign national permanent resident status or an exemption from any applicable criteria or obligations of the Act if doing so is justified by humanitarian & compassionate considerations. Section 25(2), however, contains an important exception, which states that: Provincial criteria (2) The Minister may not grant permanent resident status to a foreign national referred to in subsection 9(1) if the foreign national does not meet the province’s selection criteria applicable to that foreign national. Section 9(1) of the Act provides: Sole provincial responsibility — permanent residents 9. (1) Where a province has, under a federal-provincial agreement, sole responsibility for the selection of a foreign national who intends to reside in that province as a permanent resident, the following provisions apply to that foreign national, unless the agreement provides otherwise: a) the foreign national, unless inadmissible under this Act, shall be granted permanent resident status if the foreign national meets the province’s selection criteria; (b) the foreign … Read More
Quebec Entrepreneur Program Residency Requirement
On December 23, 2010, CIC released Operational Bulletin 256, detailing consequences for failure to comply with Quebec Entrepreneur residency requirements.
Battered Woman Syndrome and Female Refugee Claimants
In an immigration case which focuses on gender, the reasons of the Refugee Protection Division must reflect the specific situation of an applicant, with particular attention to Guideline 4.
Income Tax Statements and Inadmissibility
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 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 … Read More
Appealing Customs Seizures
In addition to immigration law, Larlee Rosenberg also represents individuals who have had goods seized by customs. Our practice includes both administrative appeals, as well as federal court actions
Can Refugees be Extradited?
As the legal community continues to debate whether Bill C-49 is constitutional, the Supreme Court of Canada has indirectly touched upon the issue in Németh v. Canada, a decision about whether a refugee can be extradited to his/her country of origin to face charges. The answer is yes.
Saskatchewan Government Growth Funds
If you have been told that you owe money for a loan made pursuant to the Saskatchewan Government Growth Fund please contact us.
A Caution on Switiching from $400,000 to $800,000
The Canadian Immigrant Investor Program re-opened on December 1, 2010. The requirements for the program have increased. Applicants will now have to prove a personal net worth of CAD 1.6-million (an increase from the previous $800,000) and make a passive $800,000 (an increase from the previous $400,000) investment with the Government of Canada.
Certainty of Intention and Immigration Trusts
The Federal Court and Federal Court of Appeal decisions in Antle v. Canada suggest that such professionals should make sure that their clients understand the nature of what a trust is before establishing an immigration trust.
Immigrant Investors and the $120,000 Myth
The “common scenario” under the old immigrant investor program was that investors would pay financial intermediaries $120,000 to finance their loans to the Canadian government. At least 90% of immigrant investors paid this amount. However, those immigrant investors that paid $120,000 to the financial institution paid too much.