On June 25, 2021 Immigration, Refugees and Citizenship Canada (“IRCC“) updated its C-10 Significant Benefit work permit program. The previous information can be found here on my blog. The new material on the IRCC website can be found here.Read more ›
In 2019 the approval rates for permanent residence applications processed overseas was as follows.Read more ›
Last updated on July 25th, 2021
Section 40 of the Immigration and Refugee Protection Act provides that a permanent resident or foreign national is inadmissible to Canada for directly or indirectly misrepresenting or withholding a material fact relating to a relevant matter that induces or could induce an error in the administration of Canada’s immigration laws.
The general consequence of misrepresenting is a five-year ban from entering Canada. An issue that often arises is where an applicant mistates or omits information in their visa application, but the information is readily available to a visa officer. Koo v. Canada Koo v. Canada (Minister of Citizenship and Immigration), 2008 FC 931 is the most frequently cited case on this issue. There, an applicant failed to disclose that he had previously applied for permanent residence, and that the application had been refused. Justice Montigny stated that:
I shall now turn to the alleged misrepresentation with respect to the applicant’s previous application for permanent residence. The error occurred when the applicant checked off the “yes” box to the question whether he had “previously sought refugee status in Canada or applied for a Canadian immigrant or permanent resident visa or visitor or temporary resident visa”, but checked off the “no” box to the following question as to whether he had been refused such a status. The applicant has stated that this was an oversight on both the part of himself and his former representative and was in no way intentional. Further, when the applicant was asked at interview about whether he had previously submitted any immigration applications, the CAIPS notes reflect that he advised the officer that he had previously submitted an application for permanent residence in Canada,Read more ›
Section 28 of the Immigration and Refugee Protection Act states:
(28)(1) A permanent resident must comply with a residency obligation with respect to every five-year period.
(2) The following provisions govern the residency obligation under subsection (1):
(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are
(i) physically present in Canada,
(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,
(iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or
(v) referred to in regulations providing for other means of compliance;
(b) it is sufficient for a permanent resident to demonstrate at examination
(i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident;
(ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination;
Last updated on September 2nd, 2021
In 2021 Immigration, Refugees and Citizenship Canada introduced facilitative measures to provide open work permits to residents of Hong Kong and facilitative measures creating two pathways to permanent residence to facilitate the immigration of certain Hong Kong residents.
The public policy allows for the issuance of open work permits to eligible residents of Hong Kong, whether they are in Canada or abroad, for a period of up to three years. Eligible family members may also be issued an open work permit.
To be eligible, the foreign national must:
- hold a valid passport issued by the Hong Kong Special Administrative Region or the United Kingdom to a British National Overseas;
- have graduated no more than 5 years before you apply for this open work permit, with one of the following:
- a degree (for example, associate, bachelor’s, master’s or doctoral) from a designated post-secondary learning institution in Canada or an institution abroad; or
- a diploma for a minimum 2-year program from a designated post-secondary learning institution in Canada or an institution abroad.
Alternatively, they can hold:
- a graduate or post-graduate credential (for example, a post-graduate diploma) that wasreceived no more than 5 years before they apply. The credential must be for a program:
- that is a minimum of 1 year
- that requires a post-secondary degree or diploma, which you completed no more than 5 years before you started the post-graduate program
- at one of the following:
- a designated learning institution in Canada
- an institution abroad
Work permits will be valid for up to three years.Read more ›
Dennis McCrea was the founder of McCrea Immigration Law. He started practicing immigration law in 1974, and was one of the original members of Vancouver’s immigration bar. In this episode we discuss how to build an immigration practice, how the practice of immigration law has evolved, avoiding burnout and more.
3:00 – How lawyers use to interact with visa officers.
6:00 – The formation of the immigration bar.
11:30 – Thoughts on whether it is possible to have both a corporate immigration practice and a refugee or enforcement practice.
15:30– Did the practice of immigration law become more or less fun over time?
18:00 – What kept Dennis motivated when it came to practicing immigration law?
22:30 – What type of cases did Dennis enjoy the most?
26:00 – What are some tools that lawyers can use to prevent burnout?
41:00 – Did the practice of immigration law vary depending on which political party were in power?
42:00 – How to retire.
45:00 – How can junior lawyers who are trying to build a practice have time for hobbies?
48:00 – How Steven and Deanna got into immigration.
58:00 – Growing a firm.
1:03:00 – Should you article at an immigration law firm.
1:06:00 – Being too specialized.
1:13:00 – What percent of Dennis’s practice was immigration processing, firm management and enforcement?
1:16:30 – Thoughts on consultants.
1:19:00 – Are decisions getting better or worse? Are boilerplate refusals becoming more or less common? » Read more about: Borderlines Podcast #54 – Building the Law Career that You Want, with Dennis McCrea »Read more ›
The following are charts from Statistics Canada related to various immigration topics.
1) Likelihood to Have Received CERB
Read more ›
Please note that none of the information on this website should be construed as being legal advice. As well, you should not rely on any of the information contained in this website when determining whether and how to apply to a given program. Canadian immigration law is constantly changing, and the information above may be dated. If you have a question about the contents of this blog, or any question about Canadian immigration law, please contact the Author.
- Business and Entrepreneur Immigrantion
- Citizenship Applications and Revocations
- Family Class (Spousal Sponsorships, Parents & Grandparents)
- Humanitarian and Compassionate
- Immigration and Refugee Board
- Immigration Consultants
- Immigration Trends
- Judicial Reviews
- Labour Market Impact Assessments
- Maintaining Permanent Residency
- Provincial Nominee Programs
- Skilled Immigration (Express Entry, CEC, FSWC, Etc.)
- Study Permits
- Tax and Trusts
- Temporary Resident Visas
- Work Permits