Examining the “working abroad for a Canadian business” exception to the “two years out of five” rule for maintaining permanent residency status.
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.
Regional Management Plan – Port of Spain
The following is a summary of the International Region Integrated Management Plan of the immigration functions at the Canadian Embassy in Port of Spain (the “Environmental Overview”). The Environmental Overview was prepared as part of the Citizenship and Immigration Canada 2014-2015 planning exercise, and is current as of January 2013. Environment The Canadian visa office in … Read More
Removal Orders in Absentia
The Federal Court of Appeal in Canada (Citizenship and Immigration) v. Mudalige Don has answered the following certified question: Does the Minister’s issuance of an exclusion order pursuant to subparagraph 228(1)(c)(v) of the [Regulations] before the member of a crew subject to the exclusion order has any contact with the immigration authorities constitute a breach of … Read More
Question & Answer – Unauthorized Study and CEC (IR-13)
The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada regarding expungements. The Federal Skilled Worker Program allows certain individuals employed in Canada without a Labour Market Opinion to qualify for Arranged Employment. As with any program, questions emerged regarding specific requirements, including whether intra-company transferees qualify for Arranged Employment … Read More
Cessation of Refugee Status
There are 2 ways that refugee protection can be removed. A person can cease to hold their refugee status if, for example, they voluntarily reavail themselves of the protection of their country of nationality or obtain protection from another country. They can also have their refugee status vacated if they obtained that status by directly … Read More
Sponsors
Part 7 Division 3 of the Immigration and Refugee Protection Regulations (the “IRPR”) governs who can be a sponsor. It provides that in order to sponsor family members, a sponsor must: be 18 years of age or older; be a Canadian citizen or permanent resident; currently residein Canada if they are a permanent resident; file … Read More
Spousal Sponsorships where the Sponsor Does not Live in Canada
Section 133(2) of the Immigration and Refugee Protection Regulations (the “Regulations”) provides that: A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes [an application to sponsor a member of the Family Class] and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has … Read More
Study Permit Compliance
In 2020, over 400,000 international students at the post-secondary level in Canada will return to school. Many will want to stay and work in Canada after graduating. All will be subject to mandatory conditions of their stay as a student in Canada. It is important for all international students, and especially those who wish to … Read More
Open Spousal Work Permits After September 27, 2021
In a previous blog post I wrote about how Immigration, Refugees and Citizenship Canada (“IRCC”) was increasingly focusing on genuineness. On September 27, 2021 IRCC updated its webpage to reform the open spousal work permit program.