Borderlines Podcast #133 – Restoration of Status and TRPs

Steven MeurrensUncategorized

  Andrew Mattu is the Principal Lawyer at Godwit Law Office, an immigration law firm, in Brampton ON. Ajaypal Singh Ahluwalia is an Associate at Godwit Law Office. We discuss restoration of status and Temporary Resident Permits (TRPs). Topics include how people fall out of status, eligibility for restoration of status, restoring to post-graduate work permits, removal during the restoration period, restoration of status and permanent resident applications, TRPs, when to recommend a TRP vs. leaving the country, processing delays and the 2025-2027 immigration levels plan. We then shift gears and discuss the experience of recent immigrants, including Ajaypal, in finding employment in Canada, and whether Canada is meeting the expectations of recent arrivals. Cases discussed are: *Udobong v. Canada (MCI), 2018 FC 234 (CanLII) -and – * Toure v. Canada (Public Safety and Emergency Preparedness), 2014 FC 1086 (CanLII)

Regularization Efforts

Steven MeurrensUncategorized

The following PDF shows a history of previous efforts to regularize the status of undocumented people in Canada.

Multiple-Entry Visas No Longer the Default

Steven MeurrensUncategorized

On November 6, 2024, IRCC updated its Guidance to state the following: Multiple-entry visa The multiple-entry visa allows the holder to seek entry to Canada from any country as often as necessary during the visa’s period of validity has a maximum validity date of up to 10 years or the expiry date of either the travel document or biometrics, whichever comes first can still be valid if affixed in a full or complete passport or travel document (in this case, the holder must also be in possession of a newer and valid passport or travel document and must present both documents to the airline carrier in order to travel to Canada and to the border services officer in order to seek entry to Canada) Guidelines for issuing single or multiple-entry visas Officers may exercise their judgement in deciding whether to issue a single- or a multiple-entry visa. Some factors to consider: Purpose of visit Is the applicant coming for a one-time event, such as a conference, training session or tourism, or will they be returning to Canada on a regular basis, such as to visit close family members? Are they a permit-exempt short-term student or worker? Do they require parent … Read More

Borderlines Podcast #132 – Cessation

Steven MeurrensUncategorized

    Douglas Cannon is a Partner at Elgin Cannon & Associates. A significant part of Doug’s practice involves helping refugees and protected persons navigate and defend against “cessation” applications. Cessation applications can strip refugees of their refugee status, as well as Canadian permanent resident status, if it’s found that they no longer need protection, based on specific grounds, including: (1) Choosing to return and seek protection in their home country, (2) Regaining their original nationality voluntarily, (3) Gaining a new nationality that offers them protection, (4) Reestablishing themselves in the country they once fled, or (5) No longer facing the threats that led them to seek asylum in Canada in the first place. Our guest sheds light on these complex processes, breaking down the legal challenges and sharing insights on how individuals facing these risks can protect their status in Canada. For a more detailed perspective from Doug, we highly recommend his article in the Canadian Association for Refugee Lawyer (CARL) Review, Vol. 1, No. 1 (https://www.canlii.org/en/commentary/doc/2023CanLIIDocs405), starting at page 43. To read the legislative amendments referenced by Doug in this episode, see here: https://www.parl.ca/documentviewer/en/41-2/bill/C-60/first-reading. On the closing conversation about claiming CPD points, we are currently looking into the … Read More

Iran Special Measures

Steven MeurrensUncategorized

Canada has introduced special immigration measures for Iranian nationals currently in Canada, allowing them to apply for open work permits among other benefits. This program, effective through February 28, 2025, aims to support Iranian nationals who might face challenges returning to Iran due to ongoing political and social instability. Key aspects of the program include: Open Work Permits: Eligible Iranian nationals in Canada with valid temporary resident status can apply for open work permits, allowing them to work for almost any employer in Canada. This flexibility is designed to help Iranians who wish to stay and work amid the uncertainty at home. Fee Waivers: The Canadian government has waived processing fees for several applications, including work permits, temporary resident extensions, and biometric fees. Priority Processing: Applications submitted under this program are prioritized to facilitate swift processing. Additionally, Canadian citizens and permanent residents in Iran can access fee waivers for certain travel documents to facilitate their return to Canada if needed. Intake Statistics Q&A The following is internal IRCC Q&A on how this program works.

Borderlines Podcast #131 – Cutting Immigration Levels

Steven MeurrensUncategorized

A discussion of Canada’s 2025-2027 Immigration Levels Plan and the 2024 Report to Parliament on Immigration, in which the Trudeau government cut planned permanent residence levels by 20%, imposed caps on the number of international students and workers that would be allowed into the country and declared that they expect 1,000,000+ people currently in Canada to leave in the next few years as a result of their changes.

Borderlines Podcast #130 – Challenges and Benefits of Hiring Immigrants, with Alice Craft

Steven MeurrensUncategorized

    Alice Craft is a Research Associate in the Immigration knowledge area at the Conference Board of Canada. She recently published a paper titled Small Business, Big Impact Immigrant Hiring and Integration in Five Canadian Cities. We discuss the key findings of that study — namely, that: In fast-growing small and mid-sized Canadian cities, small and medium-sized enterprises (SMEs) in multiple sectors identified skill shortages as their most common employment challenge. SMEs are using practical and inclusive strategies to evaluate newcomers’ education and experience, but they rarely intentionally reach out to newcomers or work with immigrant‑serving agencies during recruitment and onboarding. SMEs prioritize English/French language skills, particularly spoken communication, when hiring immigrants. Language skills are particularly important in client-facing roles or those involving safety regulations. Negative experiences and limited understanding of immigration processes discourage SMEs from engaging with the immigration system. Affordable housing and access to public transit and child care compound labour market challenges for both job-seeking immigrants and SMEs looking to hire and retain talent. We also discuss her recommendations.

Borderlines Podcast #129 – Is Record Immigration Hurting Canada’s Middle Class?, with Mike Moffatt

Steven MeurrensUncategorized

    Mike Moffatt is the Senior Director of Policy and Innovation at the Smart Prosperity Institute and an Assistant Professor in the Business, Economics and Public Policy group at Ivey Business School, Western University. He is the host of the Missing Middle podcast. 1:20       Mike’s speech to the Liberal Cabinet in August 2024 re. the impact of the Temporary Foreign Worker Program (TFWP) on housing. 5:15       Mike’s thoughts on recent changes to the TFWP. 6:45       What is the impact of the Temporary Foreign Worker Program on housing in Canada? 8:00       Discussion re. zoning and development fees. 13:00    What level of immigration would be ideal in order to reduce the impact on housing? 18:30   Consequences of promoting pathways to PR for international students. 24:00    Are recent changes to Canada’s international student program the end for private colleges? 28:00    Is the recent decline in rents attributable to the international student program changes? 34:00    Should there be a hard cap on Canada’s foreign worker programs? Also discussion re. stats manipulation. 48:00    Distinctions between new foreign workers and companies trying to retain existing ones. 54:00    How does Mike respond to allegations that he is anti-immigrant.

Discretionary Grants of Citizenship

Steven MeurrensCitizenship Applications and Revocations

Section 5(4) of the Citizenship Act, RSC 1985, c C-29 states: Special cases (4) Despite any other provision of this Act, the Minister may, in his or her discretion, grant citizenship to any person to alleviate cases of statelessness or of special and unusual hardship or to reward services of an exceptional value to Canada. Policy The IRCC website states: Subsection 5(4) of the Citizenship Act states that despite any other provision of the Act, the Minister may, at his discretion, grant citizenship to any person to alleviate cases of statelessness or of special and unusual hardship or to reward services of an exceptional nature to Canada. Grants under this subsection are only used in very exceptional cases and each case is considered on its own merit. It is important that applicants appreciate the significance of being conferred a grant of citizenship under this provision and that it should not be used as a means of circumventing the normal citizenship process. Jurisprudence In Calleya v. Canada (Citizenship and Immigration), 2024 FC 1624, Justice Roy summarized the law on discretionary grants of citizenship.  He stated: The purpose of subsection 5(4) is to provide a residual, highly discretionary, ability to grant citizenship. The high threshold and the … Read More

Judicial Review of Study Permit Refusals

Steven MeurrensStudy Permits

In Nesarzadeh v Canada (Citizenship and Immigration), 2023 FC 568, the Federal Court of Canada articulated the following general framework for the judicial review of denials of study permit refusals. A reasonable decision must explain the result, in view of the law and the key facts. Vavilov seeks to reinforce a “culture of justification” requiring the decision-maker to provide a logical explanation for the result and to be responsive to the parties’ submissions, but it also requires the context for decision-making to be taken into account. Visa Officers face a deluge of applications, and their reasons do not need to be lengthy or detailed. However, their reasons do need to set out the key elements of the Officer’s line of analysis and be responsive to the core of the claimant’s submissions on the most relevant points. The onus is on the Applicant to satisfy the Officer that they meet the requirements of the law that applies to consideration of student visas, including that they will leave at the end of their authorized stay. Visa Officers must consider the “push” and “pull” factors that could lead an Applicant to overstay their visa and stay in Canada, or that would encourage them … Read More