Amandeep Hayer and Lisa Middlemiss, co-authors of the book Canadian Citizenship: What Practitioners Need to Know, discuss citizenship by descent now that Bill C-3 is in force. Topics discussed include what changed under Bill C-3, citizienship by descent, how far citizenship can be traced back, proving citizenship without provincial birth certificates, interim measures vs. proof of citizenship applications, processing times, urgent requests, Canadians without proof who can’t get work permits or SINs, why adoptees may still be treated differently, fraud concerns, and how many Americans may now be Canadian citizens. We also answer live listener questions and comments, including whether Canada will now have to many new Canadians, a possible TR → PR pathway, work permit options for foreign doctors, slow processing times, Bill C-12 and Canadian immigration law predictions for 2026. Amandeep’s blog post on Bill C-3 can be found here – https://hayerlawoffice.ca/2025/11/03/no-bill-c-3-does-not-create-a-new-second-generation/
Misrepresentation Cases at the Immigration Appeal Division
A permanent resident can lose their permanent resident status and be banned from Canada if they commit misrepresentation. However, they have a right of appeal to the Immigration Appeal Division (the “IAD“). At the IAD, the permanent resident can argue that the determination that they committed misrepresentation was based on a factual error or mistake in law. They can also argue that there are sufficient humanitarian & compassionate (“H&C“) to warrant relief. The Test In Wang v. Canada, the Federal Court of Canada set out the following factors (generally known as the “Wang” or the “modified Chieu” factors) to be the appropriate considerations in determining whether there are sufficient H&C considerations to justify not cancelling someone’s permanent resident status and banning them from Canada for five years: the seriousness of the misrepresentation leading to the removal order and the circumstances surrounding it; the remorsefulness of the permanent residence; the length of time spent in Canada and the degree to which the permanent resident is established in Canada; the permanent resident’s family in Canada and the impact on the family that removal would cause; the best interests of a child directly affected by the decision; the support available to the permanent resident … Read More
Borderlines Podcast #193 – Evacuate
We return to Afghanistan, and to the unfinished work Canada left behind. Following our recent conversation with retired Canadian Forces member Cory Moore, we are joined by three guests from Aman Lara, a Canadian registered charity working on refugee extraction, resettlement and protection. Jon Feltham, Executive Director of Aman Lara and retired Canadian Armed Forces member Julia Aitken, Program & Communications Director at Aman Lara Denis Thompson, Major-General (Ret’d), former commander of NATO Task Force Kandahar We examine Canada’s response to Afghans who worked alongside Canadian and NATO forces, through the lens of recent Federal Court decisions that highlight how many individuals were left behind after the fall of Kabul in 2021. We discuss: The reality faced by Afghan interpreters, contractors, and families still in hiding How Canada’s approach relied on “process without a plan” The bureaucratic gaps between DND, Global Affairs, and IRCC How veterans became de facto evacuation coordinators during the 2021 crisis How Ukraine’s uncapped emergency program contrasted so sharply with Afghanistan What Aman Lara has accomplished (over 7,000 evacuations and 5,800 resettlements) and why the work is far from over ? Aman Lara is a registered Canadian charity. If you’re looking for a meaningful way … Read More
The Start-Up Business Class
On April 11, 2018, regulations for the Start-Up Business Class (the “Start-Up Business Class”) came into effect. The regulations slightly modify the program that has been in effect since April 1, 2013. Both applicants as well as designated entities should be aware of the changes.
Borderlines Podcast #192 – Preventing Study Permit Refusals
Steven and Deanna break down the rapidly shifting landscape of Canadian study permits amid IRCC’s newly released 2026 international student caps. With approval rates falling sharply in 2024–2025 and IRCC committing to fixed national intake numbers, study permits are now effectively being graded on a curve, making strong applications more critical than ever. We discuss the most common refusal grounds they see in practice, including: ▸ Weak or incoherent study plans Why study plans are now a top refusal ground, what officers look for, how jurisprudence has evolved, and what applicants must show to demonstrate a logical academic and career trajectory—even for minors. ▸ Dual intent, PGWP confusion, and long-term plans
Borderlines Podcast #191 – Suing Immigration Representatives
Civil litigator Eoin Logan joins to break down three cases involving lawsuits both by and against immigration representatives. The cases are Sibbal v Nathyal, 2025 ABCJ 198, Roshy Skincare Clinic Inc. v Vrossis Investment Group Inc., 2025 BCSC 1769 and ICGC Immigration Consultants Group Canada Inc. v. Metro Painting Ltd., 2025 BCCRT 1466. Topics discussed include entering into immigration fraud schemes and suing when it falls apart, contractual illegality, negligent and fraudulent misrepresentation, contractual illegality, punitive damages and the duty of honesty in professional services, what happens when someone can’t enter Canada to attend their own civil trial and whether professional regulation in Canada actually protects immigrants.
Borderlines Podcast #190 – Express Entry Refusals
Steven and Deanna dive deep into the most common reasons IRCC refuses Express Entry applications, with a focus on what visa officers determine to be insufficient reference letters. 1:00 – Correction from last episode: OINP Skilled Trades “draw” was actually a mass cancellation. Thoughts on this and Bill C-12. 10:00 – Express Entry refusals. NOC lead statements + main duties, employers not listing job duties, duties don’t match the NOC, blended NOCs. 17:00 – Should employers include percentage breakdown of duties? 26:00 – Why verbs like “assist,” “support,” “help,” or “maintain” are dangerous 27:12 – Procedural fairness: when IRCC must NOT contact you Live Questions. 31:10 – Will CEC draws exceed 1,000 ITAs in 2025? 32:49 – Will Bill C-12 cancel Start-Up Visa and non-priority org files? 36:50 – Is IRCC looking for any reason to refuse? 37:45 – Will I get refused if my reference letter only lists 40 hours per week? 38:34 – Could Bill C-12 cancel existing PRs? 39:26 – Could TR-PR cover SUV applicants in 2026–27? 40:05 – Why are immigrants treated like clients of a company? 41:00 – Is foreign experience locked at ITA or EAPR? 42:10 – My CRS is 449 with French. … Read More
Borderlines Podcast #189 – The 2026–2028 Levels Plan: Behind the Numbers
Canada’s new 2026–2028 Immigration Levels Plan is here, and it’s a lot more confusing than media headlines suggest. This episode unpacks how the Carney government has quietly layered “one-time initiatives” on top of the official levels plan, including a massive cohort of protected persons and in-Canada temporary residents transitioning to permanent residence, and why the oft-repeated topline of 380,000 PRs is misleading once you add those extra streams. Topics discussed also include shrinking the temporary resident share of the population, the quiet rollback of francophone immigration targets, cuts to IRCC’s budget, and the rule-of-law issues when the same legal criteria suddenly produce totally different outcomes and higher refusal rates. We also answer live listener questions on CEC, work experience across multiple NOCs, why there aren’t many ITAs, the H-1B pathway, and more. 5:05 – The “math’s not mathing”: topline 380,000 vs extra 140,000 PRs 19:00 – Temporary resident caps, extensions, and the missing data 27:26 – Francophone targets quietly reduced & what that signals 33:06 – Massive rebound of the Provincial Nominee Program (PNP) in 2026 36:06 – H&C: 1,100 admissions and a 50-year backlog 37:35 – Budget cuts, IRCC HR reductions & shift to automation 43:04 – Potential … Read More
CBSA National Security Screening
According to its website, the Canada Border Services Agency (“CBSA“) screens all visitors, immigrants and refugee claimants to keep Canada safe and secure. Inadmissible persons such as criminals or persons considered security risks are not allowed to enter or remain in Canada. The following PDF contains a detailed breakdown of how this works and efforts to reduce backlogs. Here is a PDF containing more information.
Borderlines Podcast #188 – Retired CSIS Analyst Phil Gurski on Immigration Security Screening
Phil Gurski is the President and CEO of Borealis Threat and Risk Consulting Ltd. He previous worked as a senior strategic analyst at the Canadian Security Intelligence Service. We discuss CSIS’s role in Canadian immigration screening, the increase in comprehensive background checks, how CSIS and CBSA divide up security work, the Bishnoi gang, Bill C-12, delays in applications from China, mandamus and whether Canada lacks a national security culture. 05:26 – How CSIS does immigration security screening and the dramatic increase in comprehensive background checks 10:08 – Why every citizenship application goes to CSIS for security screening 15:03 – Canada’s choices: lax screening, less immigration, more surveillance… or something else? 21:16 – Delays, disenfranchisement & back-end vs front-end screening 31:26 – CSIS vs CBSA vs IRCC: who does what in screening? 37:00 – Security vs human rights 42:01 – International students, volume and how the system can be exploited 49:04 – Timelines, CSIS capacity, and mandamus in Federal Court Audience Questions 54:40 – Do friends and family with extreme beliefs trigger concern? 56:47 – How common is espionage in Canada? 1:02:59 – What can be done to improve transparency?