The following two charts show study permit approval rates based on DLI and based on country of citizenship for 2022. The following chart shows the number of study permits by DLI from 2019 – 2023.
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 or indirectly misrepresentating or withholding material facts relating to a relevant matter. Section 108 of the Immigration and Refugee Protection Act states that a person’s refugee protection chall cease when: Rejection 108. (1) A claim for refugee protection shall be rejected, and a person is not a Convention refugee or a person in need of protection, in any of the following circumstances: (a) the person has voluntarily reavailed themself of the protection of their country of nationality; (b) the person has voluntarily reacquired their nationality; (c) the person has acquired a new nationality and enjoys the protection of the country of that new nationality; (d) the person has voluntarily become re-established in the country that the person left or remained outside of and in respect of which the person claimed refugee protection in Canada; or (e) the reasons for which the person sought refugee protection have ceased … Read More
Citizenship Applications
To submit a Canadian citizenship application, an individual generally needs to meet the following requirements: have permanent resident status in Canada; meet a physical presence in Canada test. Specifically, they must have lived in Canada for at least 1,095 days in the 5 years before they apply; demonstrate language proficiency, unless they are exempt due to age; not have a recent criminal record or be under investigation for a crime; have filed Canadian income taxes, if required; and pass a citizenship test. Physical Presence A person is required to be physically present in Canada for at least 1095 days during the 5 years immediately preceding the date of application. Time spent in Canada before become a permanent resident may be used. Each day spent physically in Canada as a temporary resident or protected person within the last five years, before becomming a permanent resident, will count as one half day, with a maximum of 365 days towards one’s physical presence. Language Requirement All applicants 18-54 years of age must submit proof that demonstrates adequate knowledge of English or French. Acceptable proof includes: Results from a third-party language test. CELPIP-G IELTS TEF Proof of having attended a secondary or post-secondary education … Read More
The Provincial Nominee Class
Regulation 87(1) of the Immigration and Refugee Protection Regulations provides that: 87 {1) For the purposes of subsection 12{2) of the Act, the provincial nominee class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada. Member of the class (2) A foreign national is a member of the provincial nominee class if: (a) subject to subsection (5), they are named in a nomination certificate issued by the government of a province under a provincial nomination agreement between that province and the Minister; and (b) they intend to reside in the province that has nominated them. The Provincial Nominee Class allows provincial and territorial governments to choose immigrants according to the economic needs of the province or territory. Under the Program, each province and territory: establishes its own standards and processes by which it chooses its nominees; tries to nominate those candidates who would be most likely to settle effectively into the economic and social life of the region. Most provincial nomination programs have both Express Entry and non-Express Entry programs. The following is the CPO Assessment Guide for paper based Provincial Nominee Program applications at … Read More
LMIA Exemption Code C-60
On December 15, 2022, Immigration, Refugees and Citizenship Canada (“IRCC”) updates its Labour Market Impact Assessment (“LMIA”) exemption codes. An LMIA is an opinion from Service Canada that the entry of a foreign worker will have a positive or neutral impact on the Canadian labour market. To obtain a positive LMIA employers must generally recruit for four weeks on prescribed websites, invite potentially qualified Canadians to apply, pay prevailing wage, and demonstrate other labour market benefits. The process is often difficult. Because of this, and other reasons, Canadian immigration legislation permits IRCC to issue work permits in certain circumstances without employers needing to obtain LMIAs. These are known as LMIA exemptions. For the most part the December 15, 2022 changes involve renumbering some of the LMIA exemptions and splitting previous LMIA exemptions into several categories. Future changes are expected. There were, however, important changes to the LMIA exemptions for provincial nominees in business programs and other entrepreneurs. These changes involve the introduction of “significant benefit” tests. Significant Benefit IRCC has always had an LMIA exemption for individuals whose work in Canada would generate significant economic, social or cultural benefits. Generally, economic benefits are benefits that would contribute to a company’s growth, … Read More
Borderlines Podcast #84 – Thoughts on Starting and Immigration Law Firm, with Will Tao
Will Tao is a Canadian immigration and the founder of Heron Law Office. During this episode we discuss what got Will into immigration law, why he started his own firm, how he balances client files, advocacy and family life, whether he will take paternity leave after his second child is born, whether he thinks it is possible to take lengthy sabbaticals, his approach to practice and his general apporach to the practice of law.
Electronic Travel Authorization – Known Travel
Section 7.1(1) of the Immigration and Refugee Protection Regulations (the “IRPR”) provides that: 7.1 (1) A foreign national referred to in paragraph 7(2)(a) who is exempt from the requirement to obtain a temporary resident visa and who is seeking to enter Canada by air to remain on a temporary basis is required to obtain an electronic travel authorization before entering Canada, unless they are exempt from that requirement under subsection (3). Subsection 12.01(1) of the IRPR provides that: (e) the day on which the country referred to in subsection 7.01(1) that issued the passport or other travel document in respect of which the electronic travel authorization was issued is no longer referred to in that subsection, unless that country is listed in Schedule 1.1. Together, these regulations form what is known as the Electronic Travel Authorization (“eTA”) Known Travellers program. Background In March, 206, Canada’s eTA program was launched. An eTA is an electronic document requirement for visa-exempt air travellers to Canada. All visa-exempt air travellers are required to apply online for an eTA by providing basic biographical and passport information, and by answering a series of questions to determine admissibility. Americans are an exception to this, as they can travel to … Read More
Residency Obligation Appeals
Section 28 of the Immigration and Refugee Protection Act states: Residency obligation (28)(1) A permanent resident must comply with a residency obligation with respect to every five-year period. Application (2) The following provisions govern the residency obligation under subsection (1): (a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are (i) physically present in Canada, (ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent, (iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, (iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or (v) referred to in regulations providing for other means of compliance; (b) it is sufficient for a permanent resident to demonstrate at examination (i) if they have been a permanent resident for less than five years, that … Read More
Borderlines Podcast #83 – Is the Canadian Immigration Dream Fading, with Kubeir Kamal
This episode is a joint recording of Borderlines and Ask Kubeir, a popular YouTube channel about Canadian immigration news and updates, hosted by Kubeir Kamal, a regulated immigration consultant in Toronto. We discuss how obtaining Canadian permanent residence is becomming more difficult for several groups, including recent international graduates, as well as how some immigrants feel let down by the high cost of living and the inability to get their credentials recognized.
The Agri-Food Pilot
The Agri-Food Pilot is a Canadian immigration program designed to address labor shortages in Canada’s agri-food sector. It was launched by Immigration, Refugees and Citizenship Canada (“IRCC“) in 2019 as a three-year pilot program, set to expire in 2022, but has since been extended to May 2024. It is established through Ministerial Instructions. The Agri-Food Pilot program is a targeted initiative that aims to address the specific labor needs of the agri-food sector in Canada and provide foreign workers with a pathway to permanent residency. To be eligible, candidates must have a job offer in Canada from an employer in the agri-food sector and meet other eligibility criteria, such as language proficiency and educational requirements. Specifically, applicants need eligible Canadian work experience in one or more of the eligible industries and occupations; a full-time, non-seasonal job offer from a Canadian employer in one of the eligible industries and occupations (outside of Quebec); to meet or exceed the language requirements; to meet or exceed the educational requirements; to have settlement funds (if applicable); and to maintain temporary resident status (if already in Canada). Eligible Work Experience Applicants must have: a minimum of 1 year of non-seasonal, full-time work in the past 3 years before … Read More