Comparison of EE Candidates Invited to Apply in January and February, 2021 2025 approval rates
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
Procedural Fairness Where Credibility is an Issue
In an application to Immigration, Refugees and Citizenship Canada (“IRCC“) the burden is on the applicant to put forward a complete, convincing and unambiguous application which provides sufficient evidence to establish that the requirements of Canadian immigration legislation are met. Visa officers are not under an obligation to ask for additional information where the submitted material is insufficient. As well, as demonstrated by the decision in Omitogun v. Canada (Citizenship and Immigration), 2024 FC 719, visa officers are under no obligation to review an applicant’s previously submitted applications. However, where there is a concern regarding the credibility or the genuineness of the evidence submitted, as opposed to the sufficiency of, or weight to be given, to that information, then the duty of fairness generally requires that the applicant be given the opportunity to address the concern. The Federal Court succintently set out the test in Fard v. Canada (Citizenship and Immigration), 2024 FC 1403, writing: Where an officer suggests that the applicant’s supporting documents serve a “demonstrative purpose” amounting to a “deceptive façade” (Taeb v Canada (Citizenship and Immigration) 2023 FC 576 at para 6) or where, as here, the officer states that the applicant’s financial data has been “inflated” … Read More
Restoration of Status
If a visitor, worker, or student loses their legal status in Canada, they may be eligible to apply for status restoration. This process, known as a restoration application, allows individuals to regain their temporary resident status under specific conditions. According to section 182 of the Immigration and Refugee Protection Regulations (“IRPR”), applicants must meet certain eligibility criteria to restore their status in Canada.: 182. On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay, has not failed to comply with any other conditions imposed and is not the subject of a declaration made under subsection 22.1(1) of the Act. According to Immigration, Refugees and Citizenship Canada (“IRCC“) Guidelines, if an individual applies to extend their temporary resident status and IRCC refuses the application after their status has expired, the Case Processing Centre – Edmonton will notify them that they can submit a restoration of … Read More
Actively Pursuing Studies
Regulation 220.1(1) of the Immigration and Refugee Protection Regulations provides that the holder of a study permit in Canada (a) shall enroll at a designated learning institution and remain enrolled at a designated learning institution until they complete their studies and (b) shall actively pursue their course or program of study. Non-compliance with this requirement can, subject to certain exceptions that are beyond the scope of this post, result in a person being barred from Canada for one year. The Immigration, Refugees and Citizenship Canada (“IRCC“) website contains guidelines (the “Guidelines”) on interpreting these requirements. The guidelines are divided into the following sections: Full-time and part-time studies Progress toward completion of courses Changing institutions or changing programs of study at the same institution D. Leave from studies E. Deferred enrollment F. School closures G. Change of status H. Spouses or common-law partners of full-time students (C42) I. Children of full-time students J. Working on or off campus not authorized during any leave from studies K. Co-op and internship placements not authorized during any leave from studies I have reproduced or paraphrased much of the Guidelines below. At the end of this post I have summarized Federal Court of Canada jurisprudence on the matter. … Read More
Ability to Perform the Work Sought
Regulation 200(3)(a) provides that an officer shall not issue a work permit to a foreign national if there are reasonable grounds to believe that the foreign national is unable to perform the work sought. Procedural Fairness In jurisprudence on applications for skilled worker class permits it has also been held that if the officer has concerns about the veracity of documents, procedural fairness demands that the officer make further inquires. However, an officer is generally not under a duty to inform a skilled worker class permit applicant about his concerns when they arise directly from the requirements of the legislation or regulations. As the Federal Court of Canada noted in Li v. Canada (Citizenship and Immigration), 2012 FC 484, the same applies in work permit applications. As the court held in Kumar v. Canada (Citizenship and Immigration), 2020 FC 935, because of the legislative requirement that officers not issue work permits to foreign nationals if they believe that the foreign national is unable to perform the work sought, then even if Immigration, Refugees and Citizenship Canada’s online checklist does not specifically require documents such as diplomas, academic transcripts, or certificates of English proficiency, an officer can refuse an application if … Read More
Work Permits and Permanent Residence Options for Hong Kong Nationals
In 2021 Immigration, Refugees and Citizenship Canada introduced facilitative measures to provide open work permits to residents of Hong Kong and facilitative measures creating two pathways to permanent residence to facilitate the immigration of certain Hong Kong residents. Work Permits The public policy allows for the issuance of open work permits to eligible residents of Hong Kong, whether they are in Canada or abroad, for a period of up to three years. Eligible family members may also be issued an open work permit. To be eligible, the foreign national must: hold a valid passport issued by the Hong Kong Special Administrative Region or the United Kingdom to a British National Overseas; have graduated no more than 10 years before theyapply for this open work permit, with one of the following: a degree (for example, associate, bachelor’s, master’s or doctoral) from a designated post-secondary learning institution in Canada or an institution abroad; a diploma for a minimum 2-year program from a designated post-secondary learning institution in Canada or an institution abroad; or a graduate or post-graduate credential from a program of at least 1 year that required the completion of a post-secondary degree or diploma, as a prerequisite for acceptance into … Read More
Arguing Incompetence of Counsel in an Appeal
Many lawyers when they meet with clients often review rejected applications and/or appeals where it is obvious that the individual’s previous representative was incompetent. The examples of incompetence range from missed deadlines to ignorance of the law. Some specific examples include: former counsel being told by an Immigration Appeal Division member to “sit down” because they were incompetent; an immigration consultant not knowing the difference between a “conviction” and a “dismissal”; an immigration consultant stating that the “prevailing wage = the wage paid to Canadians at the employer’s company”; and a lawyer filing late because “deadlines are policy, not statute.” While the previous representative’s incompetence may serve as a ground for relief in a judicial review, cases based on incompetence and/or negligence of previous counsel are exceptionally difficult. The Federal Court’s March 7, 2014, Procedural Protocol on arguing incompetence of counsel only make these cases more challenging. The Law on Incompetence of Counsel As the Supreme Court of Canada stated in R v. GDB for incompetence/negligence of previous counsel/representative to count as a ground for judicial review, it must be established that (1) previous counsel’s acts or omissions constituted incompetence and (2) that a miscarriage of justice resulted from the incompetence. The Federal … Read More
Misrepresentation
Section 40 of the Immigration and Refugee Protection Act provides that a permanent resident or foreign national is inadmissible to Canada for directly or indirectly misrepresenting or withholding a material fact relating to a relevant matter that induces or could induce an error in the administration of Canada’s immigration laws. The general consequence of misrepresenting is a five-year ban from entering Canada. Canada is very strict on misrepresentation. In Bundhel v. Canada (Citizenship and Immigration), 2014 FC 1147, for example, Mr. Bundhel had been charged and convicted with an offence, which had been overturned on appeal. Mr. Bundhel would accordingly not have been criminally inadmissible to Canada. Because of this, he put on his immigration forms that he had never been charged or arrested. When it discovered thathehad been previously charged, what is now Immigration, Refugees and Citizenship Canada wrote to him and provided him with an opportunity to explain why he misrepresented. After the immigration officer reviewed Mr. Bundhel’s explanation that it was an innocent mistake, the officer refused the application, and declared the person inadmissible to Canada for misrepresentation. The Court wrote (citations removed): Mr. Bundhel’s complaint that the Officer should have considered the fact that he owned-up to the … Read More
Express Entry PNP Applications
The following is an IRCC manual on assessing Provincial Nominee Class applications submitted through Express Entry.