The following blog post contains information specific to the Canadian visa office in Nairobi. 2013 OVERVIEW The following is a summary of the Environmental Overview of the immigration functions at the Canadian High Commission in Naiorbi (the “Environmental Overview”). The Environmental Overview was prepared as part of the Citizenship and Immigration Canada 2013-2014 planning exercise, and is current as of January 2013. Areas in blockquote are direct passages from the Environmental Overview. Environment The Canadian High Commission in Nairobi (“CIC Nairobi”) provides visa services to residents of Kenya, Burundi, Congo, Comoros, Djibouti, Eritrea, Ethiopia, French Southern Territories, Madagascar, Mauritius, Mayotte, Reunion, Rwanda, Seychelles, Somalia, South Sudan, Tanzania, and Uganda. Many visa applicants, including senior government officials from many of the countries within Nairobi’s jurisdiction, are inadmissible for activities ranging from genocide to subversion, a factor which continues to be a bilateral irritant for Canada in the region. There are 13 Canada Based Staff, 2 Designated Immigration Officers, 3 Immigration Program Officers, 2 Locally Engaged 06, 22 Locally Engaged 05, 4 Locally engaged 04, and 9 locally Engaged 03 working at CIC Nairobi. With the advent of e-applications, Nairobi is now starting to benefit from the assistance of QRC in the promotion on Temporary … Read More
The Expansion of Inadmissibility for Espionage
The first few weeks of 2024 have been marked by developments that could significantly increase the number of people banned from Canada for espionage. The first was the Federal Court of Canada decision in Li v. Canada (Citizenship and Immigration), 2023 FC 1753 (“Li”), wherein the Chief Justice said that what constitutes “espionage” must evolve “as hostile state actors increasingly make use of non-traditional methods to obtain sensitive information in Canada or abroad, contrary to Canada’s interests.” The second was the Government of Canada’s announcement of a New Policy on Sensitive Technology Research and Affiliations of Concern (the “Policy”). The Policy included the publishing of a list of around 100 research organizations and institutions in China, Russia and Iran that pose “the highest risk to Canada’s national security due to their direct, or indirect connections with military, national defence, and state security entities.” The Canadian government clearly has concerns about individuals providing sensitive information to foreign entities. It is less clear if the security provisions of Canada’s Immigration and Refugee Protection Act are the appropriate tool to address this. Li In Li, the Chief Justice held that it was reasonable for a visa officer to determine that a prospective Chinese … Read More
Introduction to Inadmissibility
The following is a 2023 PPT for IRCC officers that provides an overview of the different inadmissibility provisions of the IRPA. Here is another powerpoint on the same topic.
Borderlines Podcast #93 – Business Immigration, with Robin Seligman
Robin Seligman is the founder of Seligman Law, an immigration law firm in Toronto. In this episode we discuss Canada’s business immigration programs, including a history of the Immigrant Investor Program and Entrepreneur Program, the current Start-Up Visa Program, and difficulties that entrepreneurs face in coming to Canada to start businesses.
Artificial Intelligence and Canadian Immigration
When people submit applications to Immigration, Refugees and Citizenship Canada they typically have spent significant time carefully completing forms and assembling documents. They expect that their applications will be processed by visa officers who carefully review the information before them. However, applicants need to understand that their artificial intelligence is playing an increasing role in visa processing, as is the bulk processing of applications. Why this is a timely matter to discuss IRCC has not been forthcoming with how it uses technology to process applications, however, through a series of Access to Information Act requests as well as Federal Court of Canada litigation the public is beginning to get a sense of measures being implemented. Predicative Learning Automated processing of some categories of applications is not new. Since 2015 most visa-exempt foreign nationals have had to apply for an Electronic Travel Authorization before they could board a plane to travel to Canada. These applications were for the most part automated applications. What is less known is that in 2017 IRCC successfully conducted a pilot in which automated systems based on predicative analytics triaged and automatically approved low-risk online temporary resident visa applications from China. Visa applications were sorted into tiers – … Read More
Requests for Extensions of Time
Navigating the immigration process with Immigration, Refugees and Citizenship Canada (“IRCC”) can be challenging, especially when it comes to meeting strict deadlines for submitting required documents. If someone finds themselves needing more time, requesting an extension is possible. Understanding the Need for an Extension Various reasons might necessitate an extension to submit documents, such as delays in obtaining necessary records, unforeseen personal circumstances, or issues beyond one’s control. Whatever the reason, IRCC allows for the possibility of extensions, provided there is a valid justification. Step-by-Step Process for Requesting an Extension Identify the Deadline and Act Promptly – As soon as the need for more time is realized, noting the original submission deadline and starting the extension request process immediately is crucial. Acting early demonstrates responsibility and awareness of IRCC’s timelines. Gather Supporting Documentation – Prepare any documents that support the need for an extension. This might include correspondence showing delays from third parties, medical records, or other evidence that substantiates the request. Compose a Detailed Request Letter – Write a clear and concise letter to IRCC explaining why an extension is needed. Include the following elements: Submit the Request – Submit the extension request through the appropriate channel. This could … Read More
Bringing an Adopted Child to Canada
It is not uncommon for Canadians to adopt children from abroad. Those that wish to do so should be aware that there are many immigration hurdles to overcome. The purpose of this post is to introduce prospective parents of some of the issues.
Borderlines Podcast #94 – The Gaza Visitor Visa Program, with Pantea Jafari
Pantea Jafari is lead counsel at Jafari Law, which she opened in 2012. In this episode, we discuss IRCC’s response to the crisis in Israel, the West Bank and Gaza. Details of the program that is the subject of our discussion can be found on IRCC’s website at canada.ca/en/immigration-refugees-citizenship/services/israel-west-bank-gaza-2023/canada-tr-measures.html. Our discussion focuses on the temporary measures in place for Palestinians who live in Gaza, and are seeking to reunite with a Canadian citizen or permanent resident relative who lives in or intends to live in Canada. In addition, we discuss the open work permits for Israelies, comparisons between Gaza and Ukraine, consequences of Canada abiding by a possible ICJ ruling that Israel comitted genocide, antisemtism and more.
Authorizations to Return to Canada
Section 52(1) of Canada’s Immigration and Refugee Protection Act provides that a person who has been removed from Canada cannot return to Canada unless the person first receives specific authorization from immigration authorities. This authorization is known as “authorization to return to Canada” (an “ARC“). Whether an ARC is needed will depend on what type of removal order the person received. Types of Removal Orders Removal orders can be issued by officers at ports of entry, inland enforcement officers and the Immigration and Refugee Board’s (the “IRB”) Immigration Division. There are three types of removal orders in Canada. These are the “Departure Order,” the “Exclusion Order,” and the “Deportation Order”. A Departure Order requires that a person leave Canada within 30 days after the order becomes enforceable. Failure to do so causes the Departure Order to become a Deportation Order. Examples of where a Departure Order would occur is a permanent resident who fails to meet their residency obligation or eligible refugee claimants who are pending a deciison by the IRB. An Exclusion Order provides that the removed person cannot return to Canada for one year unless the person obtains ARC. For Exclusion Orders resulting from misrepresentation the bar is five years. … Read More
Immigrating to Canada from Vietnam
The following is the IRCC Country Information Library for Vietnam. Here are study permit approval statistics for Vietnam.