One of the more common reasons for a study permit application to be refused is because a visa officer determines that an applicant’s proposed program of study in Canada is unreasonable given the applicant’s background. The wording of such refusals varies, but it typically includes statements about how an individual could study in a similar program for a cheaper cost in their country of residence, or that there is no logical academic progression given their previous studies. The following is an example of such a refusal. The Law Visa officers have the authority to determine whether a study permit applicant’s proposed program of study is reasonable. It is reasonable for an officer to find that an intended program does not accord with an applicant’s previous academic history. Officers can also question applicants who are abruptly changing career paths. However, the decisions of visa officers must demonstrate that all evidence of applicants was considered. Where they do not, the decisions will be unreasonable. For example, in Taiwo v. Canada (Citizenship and Immigration), 2018 FC 91, Justice Shore stated that: The Officer should not have doubted the Applicant’s explanations regarding his change of career path. The Applicant first studied in Sociology from … Read More
The 2021 NOC and TEERs
The following is a summary of a 2022 Memo to the Minister. In 2022 Canada is changing the National Occupational Classification (“NOC”). The new NOC is called NOC 2021. Among the changes in NOC 2021 is the replacement of NOC 2016’s five Skill Type / Level Groupings – used to determine eligibility for several Immigration, Refugees and Citizenship Canada programs – with a new categorization of six TEER (representing the requisite Training, Education, Experience and Responsibilities of each occupation). Transition The transition to the new NOC will work as follows. NOC 2016 NOC 2021 Skill Type 0 TEER 0 Skill Level A TEER 1 Skill Level TEER 2 and TEER 3 Skill Level C TEER 4 Skill Level D TEER 5 Occupations have moved throughout the classification to align with this methodology. This will result in minor changes for most programs (e.g., the use of new terminology), but more substantive changes are needed for programs with narrower occupational criteria where the current Skill Type/Level groupings are used, including those managed under Express Entry (i.e., Federal Skilled Workers Program, Federal Skilled Trades Program, Canadian Experience Class, and a portion of the Provincial Nominee Program) and the Atlantic Immigration Program. Changes to … Read More
Self-Employed Class – Becomming Economically Established
Regulation 100(1) of the Immigration and Refugee Protection Regulations, SOR/2002-227 states: For the purposes of subsection 12(2) of the Act, the self-employed persons 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 and who are self-employed persons within the meaning of subsection 88(1). Becomming Economically Established The IRCC Guidelines state the following about how officers should assess a person’s ability to become economically established in Canada. A self-employed applicant must demonstrate the intention and ability to create his/her own employment in Canada through cultural activities, athletics or the purchase and management of a farm. A person’s financial assets may be a measure of intent and ability to establish economically in Canada. There is no minimum investment level for a self-employed person. The capital required depends on the nature of the work. Applicants must have sufficient funds to create an employment opportunity for themselves and support themselves and their family members. This includes the ability to be self-supporting until the self-employment has been created. A demonstrated ability to support themselves and their family through their talents could be a good indicator of their ability … Read More
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 Port of Spain (“CIC Port of Spain”) provides visa services to residents of Anguilla, Antigua & Barbuda, Barbados, British Virgin Islands, Dominica, French Guyana, Grenada, Guadeloupe, Guyana, MarieGalante, Martinique, Montserrat, Saba, Saint Barthelemy, St. Eustatius, St. Kitts & Nevis, St. Lucia, Saint Martin, St. Maarten, St. Vincent & Grenadines, Suriname, and Trinidad & Tobago. Area travel can be problematic between countries in the Caribbean as there are few direct links and some of the airlines are notoriously unreliable. Often travellers are required to transit through Miami or Panama. … Along with the pooling of PA resources, PR unit also pooled files so that all files are placed in the file location and whichever PA or officer gets it, must process it. For example, one officer may conduct the initial review of a file and then queue for interview, however, another officer may do the interview. This has created an equitable … 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 procedural fairness because it deprives the foreign national of the opportunity to make a refugee claim? Background and Facts Crew members may enter Canada without temporary resident visas, work permits, or even passports. They do not need to report individually at ports of entry. Their status as crew members enables them to disembark and circulate freely so long as they remain crew members and leave on the ship on which they came. However, pursuant to s. 184(1) of the Immigration and Refugee Protection Regulations (“IRPR”), a foreign national who enters Canada as a member of a crew must leave Canada within 72 hours of ceasing to be a member of a crew. The refugee claimant in Mudalige Don was a Sri Lankan crew member aboard the foreign registered vessel M/V Lake Ontario. On November 27, 2011, the ship docked in Oshawa. On December 2, 2011, the ship’s agent filed … 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 without a Labour Market Opinion. Please note that what I have reproduced below should not be viewed as legal advice. The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada. Question – May 15, 2013 Dear CIC, I would be grateful if you would kindly answer the following question about the Canadian Experience Category (“CEC”): My question relates toR. 87.1(3)(c) and in particular the wording near the end of this subsection which reads “and any period of full-time study or training”. That wording appears to be a “carry over” from the previous iteration of the CEC category, when there was a “graduates” stream and a “foreign worker” stream. Now that the concept of qualifying education in Canada is no longer part ofthe CEC category, the existence of this wording inR. 87.1(3)(c) is confusing. … 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 a sponsorship application in respect of a family member in accordance with section 10; and if the sponsor landed as a principal applicant through a family reunification stream, wait 5 years since the date of landing before they submit the sponsorship application. Although the IRPR does not explicitly state it, Registered Indians are also eligible to sponsor family members. Legislation Training Manuals Several Family Class training manuals.
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 no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident. (Emphasis Added) Immigration, Refugees and Citizenship Canada (“IRCC“) may scrutinize in some detail the sponsor’s intention to actually reside in Canada with their spouse, or to simply get the principal applicant permanent resident status without actually immigrating to Canada. Permanent residents may not sponsor from outside Canada under any circumstances. Questions The Embassy of Canada in the United Arab Emirates previously asked applicants to complete a Residency Questionnaire for their sponsors if they reside outside of Canada. These questions can serve as a useful guide to anyone submitting a family class application where s. 133(2) of the Regulations applies. Is your sponsor currently a Canadian citizen or a Permanent Resident? Is your sponsor currently in Canada? If yes, then how long has the sponsor been physically residing … Read More
Expungements, Pardons and Inadmissibility
A question that often gets asked is whether a United States pardon or expungement results in a person no longer being inadmissible to Canada. Expungements As noted in IRCC’s 2021 United States Criminality Assessment Guide (the “IRCC NY Guide“), in reviewing a rehabilitation application that includes an expungement or other permanent relief mechanism, it is recommended that a thorough review be conducted to determine whether the relief issued by the individual state equates to the conditions of a record suspension in Canada. Canada (Minister of Citizenship and Immigration) v. Saini, [2001] F.C.J. No. 1577 is the leading case in relation to the recognition of foreign pardons. There, the Federal Court of Canada created a three pronged test to establish whether Canadian law will recognize a foreign pardon or expungement. The test is: The foreign legal system as a whole must be similar to the Canadian one; The content, aim and effect of the foreign law in question must be similar to the Canadian law; and No other valid reason exists that would compel Canadian authorities not to recognize the effects of the foreign law. According to the IRCC NY Guide, IRCC has determined that the United States possesses legal traditions … Read More
The CBSA Databases – ICES, FOSS, CPIC, and NCIC
In 2013 the Federal Court released its decision in Martin-Ivie v. Canada (Attorney General), 2013 FC 772 (“Martin-Ivie“), a case which involved a Canada Border Services Agency (“CBSA“) officer who sued CBSA over what she regarded as safety issues. The case revealed much about the operations of the CBSA at land ports of entry. I have combined information from Martin-Ivie with what is found in the People Processing Manual and the Customs Enforcement Manual to help provide further understanding of what CBSA officers are looking at on their computers at primary inspection (“Primary“). The Databases There are four databases which CBSA officers have access to at Ports of Entry. Integrated Customs Enforcement System (“ICES”) ICES is a national Canadian database of lookout information and enforcement activities that, amongst other things, contains information about Canadians who have come into contact with CBSA, or individuals who might seek to enter the country and might pose a risk. In addition to traveller records, ICES contains information on customs seizures for a period of five years. As well, ICES contains a record of every vehicle (and theoretically individual person) entry into Canada. (Practitioners generally request copies of ICES when representing individuals in permanent resident card renewal … Read More