Citizenship and Immigration Canada has released an Operational Bulletin clarifying the work permit and Labour Market Opinion requirements for foreign nationals involved to some degree with any fishing or hunting outfitting operations who do not qualify as either a tourist or a business visitor. An outfitter will be eligible for a tourist visitor if no fees are charged. An outfitter will qualify as a business visitor if the outfitter is accompanying clientele from outside of Canada and the foreign national is providing little in the way of services while in Canada. Where the outfitter is charging services, and where the outfitter will be performing services while in Canada, the following chart applies: Characteristic of Outfitter LMO Requirements Sole owner or majority owner Eligible for LMO exemption if there is a significant benefit to Canada. Owner with equal share Eligible for LMO exemption if there is significant benefit to Canada. Non-majority owner Requires LMO and Work Permit as an employee if carrying out “work”. Requires LMO and Work Permit as an employee if carrying out “work”. Non-owner (including guides) In the case of small, the factors to determining whether a seasonal outfitting operation will provide a significant benefit to … Read More
The Conservative Majority Government and Immigration
In the final days of the 2011 Canadian federal election, many prominent immigration lawyers and academics released an article detailing reasons why ethnic minorities and newcomers should not vote for the Conservative Party of Canada. The gist of the article was that the Conservative record on immigration has been dismal. The article raised many good points, however, it completely ignored many positive feature of the Conservative immigration record. Many newcomers to Canada or people interested in immigration are probably uneasy with the prospect of the new Conservative majority. However, in my opinion, and as has been repeatedly stated on this blog, the Conservative record on immigration is quite good. In today’s post I will detail some of the premises for this conclusion, with the goal being that readers “don’t panic” now that the Conservatives have a majority. 1) As someone who attended undergrad from 2002-2006, I remember how frustrated international students were over the fact that they could generally not work off-campus, and how difficult it was for them to work in Canada after graduating. One of the first things that the Conservatives did was end their frustrations by introducing the off-campus work permit and the Post-Graduate Work Permit. 2) … Read More
STS – Substantially the Same – and the Employer Black List
Substantially the Same, or STS, is an assessment of whether an employer has provided its other foreign workers wages, working conditions and employment in occupations that were substantially the same as those items set out in the employer’s job offer during the period beginning two years prior to an Application for a Labour Market Opinion or a Work Permit. If there has been a failure to comply with a previous job offer term, employers will be given an opportunity to justify any discrepancies. Reasonable justifications include: A change in federal/provincial/territorial law or a change to a collective agreement; Changes the employer had to make in the workplace in response to a dramatic change in economic conditions that were not directed disproportionately at foreign workers; An error made in good faith by the employer in interpreting obligations regarding wages, working conditions or occupation, and the employer has provided or made sufficient efforts to provide compensation to any foreign nationals that have suffered a disadvantage; An administrative accounting error by the employer, and the employer has provided or made sufficient efforts to provide compensation to any foreign nationals that have suffered a disadvantage; or Circumstances similar to those set out above. Employers … Read More
Denied Entry into Canada for DUI
Are you an American citizen who was recently denied entry to Canada while attempting to cross the border? Were you told that you were “inadmissible for criminality” and that you were “not allowed to enter Canada for 2, 3, 4, or even up to ten years?” Many Americans are often stunned to discover that they are inadmissible to Canada for offenses that are just misdemeanors in the United States. Examples that our office has recently dealt with include: Negligent driving in Washington State (easily the most common reason that an individual is denied entry); Fishing off limits in Alaska; Trespassing in Nevada; Reckless driving in Wisconsin; Possession of cocaine in Oregon; and the list goes on and on. You Have Options If you have been denied entry into Canada because of a criminal record, or if you are wary of even attempting to cross because you believe that you will be denied entry, then it is important to know that you always have options. Our offices regularly assists individuals who have been told that they are inadmissible to Canada. Amongst the services that we can help you with include: Determining whether you were actually “convicted”. Many people mistakenly think that … Read More
Temporary Foreign Workers do not Deflate Average Wages (Updated)
On April 20, 2011, the Vancouver Sun published an article by David Green titled “Are there too many Foreign Workers?” The article notes that from 2004 to 2008, the number of Temporary Foreign Workers admitted to Canada increased from 112,543 to 192,281. (In 2010 the number was 182,322.) I take issue with numerous aspects of the article, including: It completely ignores the causation between the introduction of the Post-Graduation Work Permit and the increase in the number of Temporary Foreign Workers. Prior to 2006, foreign students in Canada could not apply for an open work-permit upon graduation. This is no longer the case, and many of the over 150,000 foreign students in Canada each year apply for and receive these permits. It incorrectly states that Temporary Foreign Workers do not have future prospects for immigration. As I have previously written in this blog, there are numerous immigration programs available for temporary foreign workers to become permanent residents. The Canada Experience Class and the numerous Provincial Nomination Programs all facilitate the switching from temporary residence to permanent. The article does not mention that temporary foreign workers who decide to become permanent residents are likely more able to integrate than those who … Read More
Converting from Judicial Review to an Action
Clients often ask me why federal court actions are limited to judicial reviews. They want to know why it is that they can introduce new evidence and call witnesses at the Immigration Appeal Division, an administrative tribunal, but not in court. There are numerous reasons why federal court actions are limited to judicial review. The first is because immigration decisions take place in the context of administrative law. Because the court is simply reviewing the reasonableness of an administrative tribunal’s decision (be it a visa officer or the Immigration Appeal Division), it is not necessary to hear fresh evidence. The second is to facilitate access to justice and avoid unnecessary cost and delay. The third is that many people who would be called as witnesses in a normal action are not eligible to enter Canada. Finally, applicants are always able to re-apply. Converting to an Action Although federal court actions for immigration decisions generally occur in the context of judicial review, s. 18.4(2) of the Federal Court Act provides that the court may, if it considers it appropriate, direct that an application for judicial review be treated and proceeded with as an action. Section 18.4(2) is a response to concerns … Read More
Canada to End Source-Country Class for Refugees
There are three types of refugee classes for refugees that are re-settled from abroad. These are the Convention Refugees Abroad Class, the Country of Asylum Class, and the Source Country Class. Minister Kenney has introduced regulatory changes to eliminate the Source Country Class.
CSIC to be Replaced by the ICCRC
On March 18, 2011, Minister Kenney announced that a new regulatory body would be created to oversee immigration consultants. The name of the new agency will be the Immigration Consultants of Canada Regulatory Council (“ICCRC”). The public has been provided with 30 days to comment.
Internal Flight Alternatives
An area of refugee law that often frustrates refugee claimants is the requirement that they show that there was no reasonable internal flight alternative to claiming refugee status in Canada.
Pending Criminal Charges and Immigrating
I have previously written that criminal convictions for foreign offenses can result in individuals being inadmissible to Canada. I was recently asked what the implication of charges or pending charges that have not yet been adjudicated.