Canada’s Immigration and Refugee Protection Regulations (the “IRPR“) states that a work permit application must be refused if an officer determines that the offer of employment is not genuine. Section 200(5) of the IRPR states that in order to determine whether an offer of employment is genuine an officer should consider (a) whether the offer is made by an employer that is actively engaged in the business in respect of which the offer is made, (b) whether the offer is consistent with the reasonable needs of the employer, (c) whether the terms of the offer are terms that the employer is reasonably able to fulfill, and (d) the past compliance of the employer with federal or provincial laws that regulate employment. Immigration, Refugee and Citizenship Canada’s (“IRCC“) guidelines contain extensive instructions to officers on assessing the genuineness of the offer of employment on a work permit application. Actively Engaged In order to demonstrate that an employer is actively engaged in the business an employer must do all of the following: have an operating business; provide either a good or a service; and have a physical work location in Canada where the temporary worker will work. The following are some red flags that … Read More
New Regulations to Protect Foreign Workers
On September 26, 2022, regulatory changes to Canadian immigration law took effect with the goal being to increase protections for temporary foreign workers. All employers who currently employ, or wish to employ, foreign workers should understand these changes. In order to understand the changes, it is necessary to understand the distinction between the Temporary Foreign Worker Program (the “TFWP”) and the International Mobility Program (the “IMP”). In brief, the TFWP is a method of hiring foreign workers in which employers need to first obtain Labour Market Impact Assessments to demonstrate that the entry of the foreign workers will have a positive or neutral impact on the Canadian labour market. This is typically done through recruiting on prescribed locations for a four week period prior to applying, although there are recruitment exemptions. The IMP consists of workers who are exempt from the requirement to obtain a Labour Market Impact Assessment. Examples include free-trade agreements, International Experience Canada, provincial nominees, charitable and religious workers, and more. Many more, in fact. Immigration, Refugees and Citizenship Canada has almost one-hundred exemption categories. Providing Information to Foreign Workers About their Rights The change which will likely take most employers by surprise is that employers must provide … Read More
Approaching Members of Parliament
A frequent question that people ask is what role their Member of Parliament can play in assisting them. Requests In my opinion, the biggest role an MP can play is getting a timely status update. MPs typically can get an update in 48 hours, as opposed to 30 days for an Access to Information Act request or 14 days for a Case Specific Enquiry. The following PDF which was obtained through an Access to Information Act request contains IRCC guidance on handling requests from Members of Parliament. Letters MPs can also write letters on files. As Justice Ahmed noted in Nagarasa v. Canada (Citizenship and Immigration), 2018 FC 313, visa officers have to take these letters into consideration when assessing applications.
Temporary Residence Training Guide
The following is a 2014 training manual for processing temporary residence applications. Although it is quite old it is one of the better pieces of training materials that I have seen, and I recommend it for anyone looking to understand temporary resident processing, or a refresher.
Work Permits for Post-Doctoral Fellows and Research Award Recepients
Immigration, Refugees and Citizenship Canada has a Labour Market Impact Assessment (“LMIA“) exemption for post-doctoral fellows awarded a Doctorate of Philosophy and research award recipients. The advantage of such an exemption is that a person can obtain a work permit without the need of the prospective employer to first test the Canadian labour market. Post-doctoral fellows holding a Ph.D. or its equivalent To qualify for a work permit under this LMIA exemption, the prospective foreign worker must: have completed, or be expecting to complete shortly, their doctorate; be working in a field related to that in which they earned, or are earning, their Ph.D.; be the direct recipient of the award involving work and remuneration; actively contribute to and benefit a Canadian research project; demonstrate academic excellence or expertise in a field related to the particular work to be undertaken; be working in a time-limited position that reflects the experience and expertise of the applicant and the role that they will play on the project; have a significant role to play or value to add to the research project. hold an official position or an affiliation or registration with a credible academic or educational institution or agency in their country … Read More
The IMM5707 and the Definition of Accompanying
The IMM57-5 asks applicants to delcare whether any family members will accompany them to Canada. There has been confusion over what “accompany” means that two recent Federal Court of Canada decisions have addressed. In Adepoju v Canada (Citizenship and Immigration), 2022 FC 438, a husband and wife independently submitted study permit applications. In each application they did not include each other as dependents and checked “no” to whether the spouse would accompany the other to Canada. In response to a procedural fairness letter, they wrote: 4. My spouse and I applied for a study permit simultaneously and we indicated in our family information form that each of us will be accompanied to Canada by our spouse. We also indicated in our individual letters of explanation for our study permit that our spouse will stay back in Nigeria to serve as home ties. 5. The fact in our application is true and it is possible to be implemented as there is no law that says that a study permit holder must travel to Canada. Our intention was that either of us that gets approved for the study permit will travel for studies while the other person will stay in Nigeria to … Read More
The Global Talent Stream
On June 12, 2017 Canada’s Department of Employment and Social Development introduced the Global Talent Stream. Companies applying for workers through the Global Talent Stream have access to a streamlined Labour Market Impact Assessment process that provides eligible employers with: priority processing of applications for the Global Talent Stream and a client-focused service for the development of the Labour Market Benefits Plan, with a service standard of 10 business days that is expected to be met 80% of that time; flexible recruitment requirements; and elgibility for workers to have their work permits processed in 10 business days by Immigration, Refugees and Citizenship Canada. Category A and B Employers Employers are eligible for the Global Talent Stream if they are hiring unique and specialized talent and if that talent has bent referred to the Global Talent Stream by one of ESDC’s designated partners. The list of designated referral partners for the Global Talent Stream includes the following organizations: Pan-Canadian Business Development Bank of Canada Council of Canadian Innovators Global Affairs Canada’s Trade Commissioner Service Innovation, Science and Economic Development Canada – Accelerated Growth Service Invest in Canada National Research Council – Industrial Research Assistance Program (NRC-IRAP) Privy Council Office, Special Projects … Read More
National Documentation Packages
The Immigration and Refugee’s Board (“IRB“) National Documentation Package (“NDP“) is the starting point for compiling information for a refugee case. The NDP contains information on almost every country on earth. Each package contains a selection of documents on human rights, security conditions, and other issues that are relevant to the determination of refugee protection claims. They are regularly reviewed and updated. Each NDP is broken down into the following sections: General Information and Maps Human Rights Identification Documents and Citizenship Political Activists and Organizations Gender, Domestic Violence, and Children Sexual Orientation Criminality and Corruption Military Service Issues Judiciary, Legal, and Penal Systems Police and Security Forces Media Freedoms Religion Nationality, Ethnicity, and Race Exit/Entry and Freedom of Movement Labour, Employment, and Unions Other It is important that anyone with a case before the Refugee Protection Division familiarize themselves with the NDP for their country of origin. Related Jurisprudence Refugee Protection Division members do not have a duty to make themselves aware of information before it becomes vetted and becomes part of a country’s National Documentation Package. An exception is if an applicant directs the Member’s attention to the information in question prior to a decision being made. (Ramos v. … Read More
Determining Equivalency – Whether a Criminal Offence Will Make You Inadmissible to Canada
An individual who has been convicted of offense outside of Canada needs to determine what the equivalent offense would be in Canada.
Mootness
The doctrine of mootness is an aspect of a general policy that a court may decline to decide a case which raises merely a hypothetical or abstract question. It applies when the decision of a court will not have the effect of resolving a live controversy which affects or may affect the rights of the parties.