Canada Closes Taiwan Visa Office

Meurrens LawImmigration Trends

Effective May 25, 2011, the Canadian visa section in Taipei will no longer be accepting new applications.  It will cease operations permanently on June 17, 2011.  All Taiwan files will now be processed in Hong Kong. The decision is largely a result of the dramatic reduction in work following the removal of the temporary resident visa requirement for holders of Taiwanese passports. The visa section is going to make every effort to finalize all temporary resident visas, study/work permits, and permanent resident travel documents before it ceases operations. Applicants who have paid application fees at a bank in Taiwan but who have not yet submitted a visa application may apply for a refund through the Canadian Trade Office in Taipei, as the processing fees are non-transferable. Refund request forms may be obtained at the following website: http://www.canada.org.tw/taiwan/assets/pdfs/refund-remboursement.pdf. Applicants who subsequently choose to submit a new application to Hong Kong will be required to submit a new fee payment with that application.

World Total Fertility Rates

Meurrens LawImmigration Trends

I have previously written about Canada’s aging demographics.  Compared to most European nations, Canada’s population is aging slowly.  However, compared to the other anglophone nations, Canada fares poorly.  In my previous post I noted that: Amongst anglophone nations, however, Canada’s low fertility rate – currently 1.6 – results in their being fewer children than in the United States (with a fertility rate of 2.1), Australia (1.8), and the United Kingdom (1.9). Accordingly, if Canada is to maintain a comparable population demographic to other anglophone nations, it is going to have to rely on immigration.  I do not see any other alternative. After all, these numbers are extremely difficult to change, and to a certain degree are “locked in”. The number of 10-year olds in Canada in 2020 will be roughly the number of people born in 2010.  The only thing that will make it higher is immigration. Zerohedge recently produced a chart which highlights the historic change in fertility rates. As the chart shows, from 1950-1955 Canada’s fertility rate was actually higher than the United States.  However, by 2010-2015, it had fallen precipitously to below 2.0.  Indeed, most nations have witnessed a dramatic decline in fertility rates.

Should Family Class Applicants have to Pass an English Language Test

Meurrens LawFamily Class (Spousal Sponsorships, Parents & Grandparents)

Canada’s family class and the spousal sponsorship program have recently been hit with two significant changes that are largely based on immigration programs found in other Western nations.  The first recent change is the proposed introduction of a sponsorship bar, which prohibits recently sponsored spouses from sponsoring a new spouse for three years after they land in Canada.  The second is a proposed change to move towards conditional permanent residency for sponsored spouses who have been in a relationship for less than three years with the person that sponsored them. Given that the current Conservative government appears to be basing much of its changes to Canada’s immigration system on what other Western countries are doing, it is worth exploring another feature of many European countries’ immigration system that is absent in Canada.  This is the requirement that family class applicants either pass a language test or a test on their respective destination country’s culture in order to immigrate. On June 9, 2010, for example, the United Kingdom introduced language tests for foreign spouses.  Under the program, all non-European immigrants to the United Kingdom must pass a basic English language test before being granted a visa.  The rules apply to anyone … Read More

The Fraser Institute Study on Immigration – Do Immigrants Impose a Fiscal Burden?

Meurrens LawImmigration Trends

On May 17, 2011 the Fraser Institute published a study titled “Immigration and the Canadian Welfare State”.  It was the first Fraser Institute study that I’ve read on a topic which I am very familiar with.  Unfortunately, by the time I had finished reading the report, I realized that I might have to approach their studies with a greater degree of skepticism. The study found that immigrants on average paid $10,340 in income and other taxes while all Canadians on average paid $16,501.  Subtracting that amount from the amount of government benefits that immigrants receive on average, the study concluded that immigrants imposed an annual fiscal burden of between $16-billion and $23-billion on the Government of Canada. Now, if you are an immigrant reading that statistic and feel guilty, don’t worry. The study did not consider that if you were an international student you paid double what domestic students did.  It also did not factor in the $250,000 – $800,000 loan that you made to the Government of Canada if you were in the investor program.  If you were a professional overseas and could not get your foreign credentials recognized in Canada the study briefly mentioned the issue in a … Read More

Croatians Eligible to Work in Canada Under Youth-Mobility Program

Meurrens LawWork Permits

On May 10, 2011, the Canada-Croatia Arrangement on Youth Mobility came into effect. Croatia is now the latest country to sign a Youth Mobility agreement with Canada.  The arrangement facilitates Croatian citizens between the ages of 18 and 35 to travel and work in Canada without the need for an employer specific work permit or a Labour Market Opinion. There are three specific programs available to Croatians: Working Holiday; Young Professionals; and International Co-Op.

The Mexican Visa Requirement to Visit Canada

Meurrens LawTemporary Resident Visas

On July 14, 2009, the Canadian government introduced a Temporary Resident Visa (“TRV”) requirement for Mexican nationals.  The decision was and continues to be extremely controversial.  Mexico responded by slapping a visa requirement on Canadian diplomats.  During the 2011 Federal Election campaign, the Liberal Party promised to revoke the visa requirement.  On May 9, 2011, the Globe and Mail featured an editorial titled “The Visa for visiting Mexicans has run its course.” I believe that once Bill C-11 is in full affect, the costs of the TRV requirement will far outweigh its benefits, if they do not already. Acknowledging the Success of the TRV Requirement There is no question that the TRV requirement has reduced the number of refugee claimants from Mexico.  In the first three months of 2009, 2,757 Mexicans applied for refugee status.  During the same period in 2010 the number was 384. The acceptance rate, which was always low, continues to hover at around 10%. The Inconvenience to Travelers is Massive While the TRV requirement has reduced the number of Mexican refugee claimants, it has also greatly inconvenienced tens of thousands of Mexicans, and deterred many hundreds of thousands more from coming to Canada. In 2010, the … Read More

Work Permit and LMOs for Fishing and Hunting Outfitting Operations

Meurrens LawWork Permits

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

Meurrens LawImmigration Trends

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

Meurrens LawWork Permits

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

Meurrens LawInadmissibility

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