The issue of remote work and Canadian immigration is becomming an increasingly lively topic. Here are several IRCC e-mails on the matter. As well, here is another IRCC IMMreps response on the topic. Here are more IRCC e-mails confirming that it is possible to claim foreign work experience for work done remotely while in Canada.
Non-Accompanying Dependants and Medical Exams
One of the more frustrating aspects for prospective immigrants is Citizenship and Immigration Canada’s (“CIC”) general requirement that they have their non-accompanying dependants (spouses and children) undergo medical and criminal examination. The task can be taunting for those who do not have full custody of their non-accompanying children. However, CIC’s requirement is understandable in light of Canadian immigration legislation..
The Return of Incomplete Applications
One of the most frustrating experiences for people applying for visas is to have an application returned due to incompleteness. Because of processing delays, it often takes Immigration, Refugees and Citizenship Canada (“IRCC“) months to return an incomplete application, and applicants have to then start over.
Borderlines Podcast #152 – Revoking Elon Musk’s Canadian Citizenship, with Amandeep Hayer
Over 300,000 Canadians have signed a petition calling on the government to revoke Elon Musk’s citizenship. Is this possible, and should it be? We also discuss the ongoing saga about changes to the law and policy regarding citizenship by descent.
Tips on Hiring a Representative
Immigration, Refugees and Citizenship Canada (“IRCC”) will often tell people that they do not need to hire a lawyer or consultant in order to immigrate to Canada. They are right. In 2018 IRCC approved 191,337 applications for permanent residence. Of these, 7,334 were represented by a lawyer, 11,262 were represented by a regulated consultant, 52,066 were represented by a family member or friend, and 191,337 had no representative. IRCC in 2018 also approved 17,678 applications in which there was a lawyer as representative, 17,554 in which there was a regulated consultant, 258,802 in which the representative was a family member or a friend, and 2,448,311 in which the person was unrepresented. While the above statistics do not show approval rates or refusals, which are not publicly available nor do I possess, and it is possible that there is a prevalence of ghost representation that is not reflected in the statistics, the approval figures certainly demonstrate that it is not necessary to hire a representative to immigrate to Canada. Do You Need a Lawyer When someone asks whether they need a representative in their application I typically tell them to review the IRCC website, forms and document checklists and to then … Read More
C-20 Work Permits
Regulation 205(b) of the Immigration and Refugee Protection Regulations provide that: 205 – A work permit may be issued under section 200 to a foreign national who intends to perform work that (b) would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries. Immigration, Refugees and Citizenship Canada (“IRCC”) accordingly has a Labour Market Impact Assessment Confirmation Exemption Code C-20 which allows foreign workers to take up employment in Canada when Canadians have similar reciprocal opportunities abroad. As per the IRCC website, entry under reciprocal provisions should result in a neutral labour market impact. This provision also allows for admission of workers where reciprocity is demonstrated by the Canadian employer (or specific program administrator). The IRCC website further states: This could be indicated in the exchange agreement between the Canadian and foreign parties, a letter from the receiving Canadian institution, the work contract (if it provides evidence of reciprocity) and, if necessary, the officer can request documents and/or data to enable verification of reciprocal employment volumes. Bona fide evidence of reciprocity will allow the officer to issue a work permit. It is not necessary that there be exact reciprocity (i.e. one for one exchange), but the general … Read More
The Post-Graduation Work Permit
Canada’s Post-Graduate Work Permit (“PGWP”) program (the “PGWPP“) allows international students who have completed certain Canadian post-secondary programs to obtain work permits after graduating. The work permits are open, meaning that the graduates can work for any employer in any Canadian province. It is a fantastic program that enhances the competitiveness of Canadian post-secondary institutions internationally, and is normally an essential transitory step for international graduates looking to eventually obtain Canadian permanent residency. However, every year there are many international students who mistakenly think that they will be eligible to participate in the program after graduating only to discover midway through their studies that they cannot. It is accordingly very important that all international students in Canada understand how the PGWP program works. Basis in Law Section 205 of Canada’s Immigration and Refugee Protection Regulations provides the government with the authority to create programs to issue work permits to foreign nationals when it is satisfied that public policy objectives relating to the competiveness of Canada’s economy or academic institutions are met. The PGWPP is one of these programs, and detailed information about it can be found on the Immigration, Refugees and Citizenship Canada (“IRCC“) website here. As the Federal Court … Read More
Borderlines Podcast #151 – Mark Carney, The Liberal Leadership Race, and Canadian Immigration, with Chantal Desloges
Chantal Desloges is an immigration lawyer in Toronto. We discuss what the various Liberal leadership candidates have pledged regarding Canadian immigration policy, with a focus on Mark Carney and a speech that he gave to the Century Initiative.
The Minimum Necessary Income and Family Class Sponsorships
One of the requirements to being a sponsor in both the Family Class and the Spouse or Common-Law Partner in Canada Class is that the sponsor must on the day that the application is submitted and until the application is assessed have a minimum necessary income. For most types of family sponsorships, the income must be equal to the minimum necessary income, which is statutorily defined as being equal to Statistics Canada Low Income Cutoff (“LICO“). The current LICO requirements are as follows: Size of Family Unit Minimum necessary income 1 person (the sponsor) $24,949 2 persons $31,061 3 persons $38,185 4 persons $46,362 5 persons $52,583 6 persons $59,304 7 persons $66,027 More than 7 persons, for each additional person, add $6,628 For sponsors seeking to sponsor their parents and/or grandparents, the income must be equal to the minimum necessary income plus 30% for each of the three consecutive taxation years immediately preceding the date of filing of the sponsorship application. The current requirements are as follows: Total number of persons you would be responsible for Minimum income required for the 3 taxation years right before the date of your application 2018 2017 2016 2 persons $40,379 $39,813 $39,371 3 … Read More
Borderlines Podcast #150 – Capping Immigration Applications from India
Kubeir Kamal is a regulated immigration consultant in Toronto. In October, 2024, Quebec announced that it was limiting the number of foreign nationals invited from any one country in its Regular Skilled Worker Program to 25%. In February, 2025, Marc Miller said that Canadian post-secondary institutions need to be more diverse in their recruitment, noting that there would always be applicants from India. India is by far the number one source country of immigrants to Canada. How likely is it that Canada will cap applications from India? Should they? @3:00 Marc Miller recently commented that “there will always be applicants from India.” Is this true? @7:00 The data on top source countries for new immigrants to Canada and why India does so well. @11:00 Why are so many people seeking to leave Canada? Has Canada lived up to their expectations? Is there a difference in the likelihood of success of immigrating to Canada vs. the United States? @20:00 Thoughts on restricting and capping immigration based on country of citizenship. @32:00 Audience comments on capping immigration. I note that in the episode both Steven and Kubeir refer to the removal of STEM and Tech occupations as priority occupations in Express Entry. Not all STEM and … Read More