The Canadian Experience Class (CEC) is a popular immigration program designed for skilled workers with Canadian work experience who wish 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 (“IRCC“) guidelines provide the following guidance to officers in assessing whether someone is self-employed: Determining an applicant’s employment status Applicants under the CEC must satisfy an IRCC officer that they meet all program requirements as per section R87.1. Any period of self-employment shall not be included in calculating the period of qualifying work experience under the CEC [R87.1(3)(b)]. As such, the CEC requires that applicants demonstrate they acquired skilled work experience in Canada through authorized employment by a third party. Principal applicants are requested to provide documentary evidence of their work experience in Canada through a combination of: a copy of their most recent work permit (unless they are work-permit exempt), copies of their most recent T4 tax information slips and Notice of Assessment (NOA) issued by the Canada Revenue Agency (CRA) or a sufficient combination of other supporting documentation, and employer letters of reference … Read More
Borderlines Podcast #124 – Flagpoling, with Arshdeep Kahlon
Arshdeep Kahlon is an immigration lawyer in Brampton. He was counsel in Singh v. Canada (Citizenship and Immigration), 2024 FC 1369, where the Court had to determine whether it is misrepresentation for an applicant in a visa application to not disclose that they were previously not granted entry to the United States while flagpoling. Topics include what flagpoling is, when one should flagpole vs. applying for a visa online, misrepresentation, how judicial reviews work and advocacy strategies and tips.
Memorandums to the Minister
In this post are various Memorandums to the Minister.
Missing Deadlines
When applying for Canadian immigration, whether it’s for permanent residency, a work permit, or another visa category, one of the most critical aspects of the process is adhering to deadlines set by Immigration, Refugees, and Citizenship Canada (“IRCC“). Missing a deadline can have serious consequences, including delays, application rejections, or even being barred from applying again for a certain period. Here’s why meeting these deadlines is crucial to the success of your immigration application. Avoiding Application Rejections IRCC enforces strict deadlines to ensure that applications move through the process efficiently. Failing to submit required documents or information on time could result in the rejection of your application as incomplete. Once an application is rejected, the entire process must be restarted, which can cost time, money, and opportunity. For example, submitting your proof of funds, police certificates, or medical exams after the deadline may lead to IRCC refusing your application, regardless of how strong your case is otherwise. Even a simple oversight can have significant consequences. Preventing Unnecessary Delays Submitting everything before the deadline ensures that your application progresses without delays. Any delay on your part can cause IRCC to pause your application while waiting for missing information. The Canadian immigration … Read More
Borderlines Podcast – #123 – Spousal Sponsorship Interviews and Appeals, with Raj Sharma
Raj Sharma is an immigration lawyer in Calgary. We discuss spousal sponsorship applications and appeals, showing that a relationship is genuine, arranged marriage, the primary purpose of a marriage, interview preparation, how Immigration Appeal Division appeals work, interpretation issues, in person hearings vs. remote, res judicata and inconsistencies in a relationship history.
Where Should You Apply for a Work Permit
Prospective temporary foreign workers in addition to deciding which work permit program they will apply to also need to decide how they will apply for their work permit. There are generally two options. The first is to apply either online or at a Visa Application Center to Immigration, Refugees and Citizenship Canada (“IRCC”) and wait for it to be approved before travelling to Canada. The second is to submit the application to the Canada Border Services Agency (“CBSA”) when entering Canada. There are advantages and disadvantages to each approach. The Initial Work Permit Foreign nationals who need a temporary resident visa to visit Canada must submit their work permit applications either online or at a Visa Application Center before they travel to Canada. However, those who do not require a temporary resident visa to visit Canada can apply in person at a port of entry. There are many advantages to applying at a port of entry, and it is typically the preferred approach. First, while IRCC’s work permit processing times range from two weeks to several months, the CBSA will process work permits on the spot. Second, many applicants prefer interacting face to face and speaking with the person who … Read More
Borderlines Podcast #122 – US Visa Refusals, Administrative Processing, ESTA Cancellations and Flagpoling, with Andrew Hayes
Andrew Hayes is an American immigration lawyer who practices out of Vancouver, British Columbia. He previously appeared on episodes #32 – Keep Out the Poor – How Canada and the US Address Immigrants on Welfare, with Andrew Hayes, #37 – The Closure of the Canada – US Border and the Supreme Court’s DACA Decision, and #41 – Judges Virtue Signalling Inside and Outside of Court. We discuss various types of US visa refusals, including administrative processing and ESTA cancellations, and the uncertainty in Canadian immigration law of whether these constitute refusals that need to be disclosed in applications. Also covered are denials of entry to the United States, with a particular focus on what actually happens at US Customs and Border Patrol when someone flagpoles.
Attending The 2025 Alcoholics Anonymous Vancouver International Convention with a DUI
Alcoholics Anonymous (“A.A.“) is hosting its 2025 International Convention in Vancouver from July 3-6, 2025. A.A.’s International Convention is a global gathering of A.A. members, friends, and families that occurs every five years. The event typically takes place over a weekend and features a variety of activities, including meetings, workshops, and speaker sessions focused on sharing experiences, strength, and hope related to recovery from alcoholism. The event’s FAQ currently states: Information for those who may have entry issues due to past criminal history: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigratecanada/inadmissibility/overcome-criminal-convictions.html https://www.canada.ca/en/immigration-refugees-citizenship/corporate/contactircc/offices/international-visa-offices.html For general information members may also access https://www.cbsaasfc.gc.ca/menu-eng.html or contact the Border Information Service (BIS) at CBSA by calling: Within Canada Toll-free 1-800-461-9999 TTY (for those with hearing or speech impairments) 1-866-335-3237 Outside Canada Long distance charges apply 1-204-983-3500 1-506-636-5064 Press “0” to speak to an officer during regular business hours – Monday to Friday 8 a.m. to 4 p.m. (local time) excluding holidays. It further states: If travel to Canada is difficult for some U.S. members, why are we holding an International Convention in Vancouver? The Fellowship of the United States and Canada makes up the General Service Structure of Alcoholics Anonymous in North America, and functions as one entity in spirit and in … Read More
Borderlines Podcast #101 – Cancelling Mexican eTAs, Pepa and Anti-Semitism
Deanna and Steven discuss the partial visa reimposition on Mexican nationals, the cancellation of Mexican eTAs, IRCC procedures for cancelling visas in general and the Supreme Court granting leave in Pepa. We also answer a listener question, which is whether Canadian visa officials should screen prospective immigrants for antisemitism. Misrepresentation Issues The following is an exchange between myself and the Immigration Representative e-mails about whether Mexican nationals whose eTAs were cancelled need to disclose this in future applications.
Asylum Claims by Designated Learning Institute
The following chart shows asylum claims by international students broken down by DLI from 2018 to 2023.