Immigration Blog

Regulation 205(b) of the Immigration and Refugee Protection Regulations provides that a work permit may be issued under section 200 to a foreign national who intends to perform work that would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries. The Immigration, Refugees and Citizenship Canada Guidelines (the “Guidelines”) state that visiting professors may be issued work permits pursuant to R205(b). Eligibility To be eligible, an applicant must: be applying for a work permit of not more than two academic years; to take a position with a post-secondary institution; and retain their position abroad. Visiting professors may also include those on sabbatical who are doing collaborative research with a Canadian post-secondary institution. The term “retain their position abroad” means that the professor must maintaing their employment abroad as a professor. Extensions Work permits for visiting professors are authorized for a maximum period of two academic years. Visiting professors are not eligible to extend their work permits under this category, and their employers must apply for a Labour Market Impact Assessment to extend their stay.

Whether an individual is remorseful is a factor in assessing humanitarian & compassionate considerations. In Pu v Canada (Citizenship and Immigration), 2018 FC 600 Justice Diner held that: With respect to remorse, the IAD concluded that the Applicant’s remorse was not genuine principally because (a) she had continued to misrepresent her position in 2009, and (b) at the IAD hearing she had attempted to deflect responsibility for her earlier actions. The IAD acknowledged the Applicant’s expressions of remorse at the appeal, but found that she had had since 2009 to take responsibility for her actions, and that the Applicant was ultimately remorseful only for having been caught at the hearing — several years after her initial interview with CBSA, during which she again misrepresented the circumstances of the marriage. Although the Applicant disagrees that she deflected responsibility at the IAD appeal, I am of the view that the IAD’s findings were reasonably open to it based on the evidence before it. I also note that the IAD’s reasoning is consistent with other areas of law where late-stage accountability can weigh significantly against a party who seeks discretionary relief. To conclude on this issue, I will cite from the IAD’s comments … Read More

A quick post today as there is alot going on due to the corona virus, but Justice Annis just released an interesting decision in Pryce v. Canada where he certified the following question: In the context of a request for humanitarian and compassionate considerations under subsection 25 (1) of IRPA, must an officer consider evidence of past hardship of unconscionable mistreatment of an applicant and her children, not recurring or arising on removal, and not cited as a factor in the Guidelines, but that may accord with the principles in Chirwa v. Canada (Minister of Citizenship and Immigration) (1970), 4 I.A.C. 338 adopted in Kanthasamy v Canada (Citizenship and Immigration) 2015 SCC 61, even if the issue has not been explicitly raised by the applicant as a relevant factor for consideration? If not, may the applications judge raise the question as a new issue in accordance with the principles of R. v Mian, 2014 SCC 54?

In response to the COVID-19 pandemic, the Canadian government has implemented several measures that impact immigration programs and the ability to enter Canada. Current measures under the Non-US OIC and the Quarantine OIC will be effective until June 30, 2020, while current measures under the US OIC will be effective until April 21, 2020, and current measures under the Interim Order are effective until further notice.   Please note that the Canadian government is expected to amend its policies as needed in the coming weeks and months and as such we ask that you contact us for advice before relying on the information provided in this memo.   PERSONS ALLOWED INTO CANADA   Before determining whether you fall into one of the categories below, please note that any persons exhibiting COVID-19 symptoms (e.g. fever and cough, or fever and breathing difficulties) will not be allowed to board an aircraft to fly into Canada, regardless of your status in Canada. This blanket prohibition affects Canadian citizens and permanent residents. You will, however, be allowed to enter Canada through the Canada–US land border, though you will be subject to the 14-day self-isolation requirement outlined in the Quarantine OIC.   Please note that, … Read More