Borderlines Podcast #181 – Fifty Year Processing Time
Steven and Deanna analyze the IRCC Minister’s Transition Binder (May 2025) and its implications for processing times, including extraordinary ranges for several programs. The discussion addresses potential use of Bill C-2 authorities to suspend or terminate processing, operational realities in caregiver and Start-Up Visa files, and current dynamics in Francophone pathways. A concluding Q&A covers Express Entry eligibility, quotas, and Francophone mobility. Chapter Guide 5:37 — H&C processing time range (12–600 months) 8:12 — Start-Up Visa (420 months) 11:06 — CEC/PNP targets and provincial quota adjustments 13:04 — Bill C-2 (Stronger Border Act): scope of cancellation/suspension powers 31:03 — Live Q&A Borderlines is a Canadian immigration law podcast hosted by Steven Meurrens and Deanna Okun-Nachoff, providing in-depth analysis of immigration law, policy, and case law trends. This episode contains general information only and does not constitute legal advice.
LMIA Exemption S62 – Applicants Under an Unenforceable Removal Order
Canada’s immigration regulations recognize that some foreign nationals may need to work while their status is being resolved. Section 206 of the Immigration and Refugee Protection Regulations (IRPR) allows work permits to be issued to individuals who cannot support themselves without employment, including: Refugee claimants whose case has been referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) but has not yet been decided [R206(1)(a)]. Individuals subject to an unenforceable removal order [R206(1)(b)]. When is a Removal Order Enforceable in Canada? Under Canada’s immigration law, a removal order only becomes enforceable when it comes into force and all conditions for a stay are lifted. Until then, many removal orders remain “on hold.” Conditional Removal Orders for Refugee Claimants Most refugee claimants are issued conditional removal orders, which remain unenforceable while their claim is being decided. The Immigration and Refugee Protection Act (IRPA) outlines specific situations when a removal order comes into force for claimants. Who Else Has an Unenforceable Removal Order? Several categories of people may be under a removal order but cannot actually be removed from Canada until certain steps are completed: Failed refugee claimants who are appealing their Immigration and Refugee Board decision. … Read More
Borderlines Podcast #180 – Collapsing Numbers
Steven and Deanna break down the collapse in internaitonal student arrivals in 2025 and plumetting approval rates across nearly all programs. . 2:14 2025 stats: what the data says 4:01 Cap vs. collapse in student entries 7:12 Worker levels and category context 21:37 Approval-rate declines and rule-of-law concerns 33:47 Category approval snapshots (CEC/FSW/Francophone/H&C) 38:45 Live Q&A
Random Statistics
Comparison of EE Candidates Invited to Apply in January and February, 2021 2025 approval rates
Procedural Fairness Where Credibility is an Issue
In an application to Immigration, Refugees and Citizenship Canada (“IRCC“) the burden is on the applicant to put forward a complete, convincing and unambiguous application which provides sufficient evidence to establish that the requirements of Canadian immigration legislation are met. Visa officers are not under an obligation to ask for additional information where the submitted material is insufficient. As well, as demonstrated by the decision in Omitogun v. Canada (Citizenship and Immigration), 2024 FC 719, visa officers are under no obligation to review an applicant’s previously submitted applications. However, where there is a concern regarding the credibility or the genuineness of the evidence submitted, as opposed to the sufficiency of, or weight to be given, to that information, then the duty of fairness generally requires that the applicant be given the opportunity to address the concern. The Federal Court succintently set out the test in Fard v. Canada (Citizenship and Immigration), 2024 FC 1403, writing: Where an officer suggests that the applicant’s supporting documents serve a “demonstrative purpose” amounting to a “deceptive façade” (Taeb v Canada (Citizenship and Immigration) 2023 FC 576 at para 6) or where, as here, the officer states that the applicant’s financial data has been “inflated” … Read More
Restoration of Status
If a visitor, worker, or student loses their legal status in Canada, they may be eligible to apply for status restoration. This process, known as a restoration application, allows individuals to regain their temporary resident status under specific conditions. According to section 182 of the Immigration and Refugee Protection Regulations (“IRPR”), applicants must meet certain eligibility criteria to restore their status in Canada.: 182. On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay, has not failed to comply with any other conditions imposed and is not the subject of a declaration made under subsection 22.1(1) of the Act. According to Immigration, Refugees and Citizenship Canada (“IRCC“) Guidelines, if an individual applies to extend their temporary resident status and IRCC refuses the application after their status has expired, the Case Processing Centre – Edmonton will notify them that they can submit a restoration of … Read More
Borderlines Podcast #179 – Abolish the Foreign Worker Program?
Steve and Deanna break down the latest political heat on the Temporary Foreign Worker Program. What is the TFWP? Will Direct Apply meaningfully fix it? Timestamps 1:40 Today’s focus: abolish/reform the TFWP? 7:42 TFWP vs IMP—what’s where 10:26 LMIA fundamentals: wage, recruitment, Job Bank 18:02 Direct Apply: what changes 34:32 Q&A starts
Actively Pursuing Studies
Regulation 220.1(1) of the Immigration and Refugee Protection Regulations provides that the holder of a study permit in Canada (a) shall enroll at a designated learning institution and remain enrolled at a designated learning institution until they complete their studies and (b) shall actively pursue their course or program of study. Non-compliance with this requirement can, subject to certain exceptions that are beyond the scope of this post, result in a person being barred from Canada for one year. The Immigration, Refugees and Citizenship Canada (“IRCC“) website contains guidelines (the “Guidelines”) on interpreting these requirements. The guidelines are divided into the following sections: Full-time and part-time studies Progress toward completion of courses Changing institutions or changing programs of study at the same institution D. Leave from studies E. Deferred enrollment F. School closures G. Change of status H. Spouses or common-law partners of full-time students (C42) I. Children of full-time students J. Working on or off campus not authorized during any leave from studies K. Co-op and internship placements not authorized during any leave from studies I have reproduced or paraphrased much of the Guidelines below. At the end of this post I have summarized Federal Court of Canada jurisprudence on the matter. … Read More
Ability to Perform the Work Sought
Regulation 200(3)(a) provides that an officer shall not issue a work permit to a foreign national if there are reasonable grounds to believe that the foreign national is unable to perform the work sought. Procedural Fairness In jurisprudence on applications for skilled worker class permits it has also been held that if the officer has concerns about the veracity of documents, procedural fairness demands that the officer make further inquires. However, an officer is generally not under a duty to inform a skilled worker class permit applicant about his concerns when they arise directly from the requirements of the legislation or regulations. As the Federal Court of Canada noted in Li v. Canada (Citizenship and Immigration), 2012 FC 484, the same applies in work permit applications. As the court held in Kumar v. Canada (Citizenship and Immigration), 2020 FC 935, because of the legislative requirement that officers not issue work permits to foreign nationals if they believe that the foreign national is unable to perform the work sought, then even if Immigration, Refugees and Citizenship Canada’s online checklist does not specifically require documents such as diplomas, academic transcripts, or certificates of English proficiency, an officer can refuse an application if … Read More