Section 133(2) of the Immigration and Refugee Protection Regulations (the “Regulations”) provides that: A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes [an application to sponsor a member of the Family Class] and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident. (Emphasis Added) Immigration, Refugees and Citizenship Canada (“IRCC“) may scrutinize in some detail the sponsor’s intention to actually reside in Canada with their spouse, or to simply get the principal applicant permanent resident status without actually immigrating to Canada. Permanent residents may not sponsor from outside Canada under any circumstances. Questions The Embassy of Canada in the United Arab Emirates previously asked applicants to complete a Residency Questionnaire for their sponsors if they reside outside of Canada. These questions can serve as a useful guide to anyone submitting a family class application where s. 133(2) of the Regulations applies. Is your sponsor currently a Canadian citizen or a Permanent Resident? Is your sponsor currently in Canada? If yes, then how long has the sponsor been physically residing … Read More
CIC Decisions Stolen at Gun Point En Route to VAC
Not all visa processing delays are caused by a lack of officers or over-bureaucratic requirements. Sometimes the decisions themselves can go missing, or, as apparently was the case in 2014, be stolen at gunpoint. Wow.
Introducing Express Entry
On January 1 2015, Citizenship and Immigration Canada (“CIC“) is expected to overhaul its economic immigration programs with the launch of Express Entry. On December 1, 2014, the Government of Canada released detailed Ministerial Instructions regarding Express Entry. In this post I hope to provide an easy to read overview of the new program. Express Entry will significantly alter every economic immigration program, including the Federal Skilled Worker Program (“FSWP“), the Canadian Experience Class (“CEC“), the Federal Skilled Trades Program (“FSTP“), and the Provincial Nominee Program (“PNP“). Rather than first in, first processed for permanent residence applications Express Entry will feature a “selection” of candidates who the Government of Canada believes is most likely to succeed in Canada. Express Entry will consist of two steps for potential applicants: Completing an Online Express Entry Profile Receiving a Letter of Invitation CIC is touting that Express Entry is not a new immigration per se, but rather a way for CIC to manage economic immigration applications online. However, a quick review of Express Entry suggests that who will be eligible to immigrate to Canada under Express Entry will fundamentally change.
CIC Caps CEC, Eliminates Eligible Occupations
On November 8, 2013, Citizenship and Immigration Canada (“CIC”) announced significant changes to the Canadian Experience Class (“CEC”). The CEC is a very popular program for immigrating to Canada. Subject to narrow exceptions, individuals qualify for the CEC if: they plan to live outside of Quebec; they have at least 12 months of full-time skilled work experience in Canada during the three-year period before they apply; they gained their skilled work experience in Canada with the proper authorization; they were not self employed when they gained their skilled work experience; and they meet required language levels (which vary according to occupation). Qualifying skilled work experience is work experience in one or more National Occupational Classification (“NOC”) Skill Type 0, or Skill Level A or B, occupations. The NOC is a Ministry of Economic and Social Development initiative which categorizes all occupations in Canada. It can be found here. The November 8 changes introduce an annual cap on the number of CEC applications that CIC will accept each year, introduce a further sub-cap for NOC Skill Level B occupations, and eliminate certain NOC Skill Level B occupations from being eligible for the CEC. The above changes took affect on November 9, 2013. … Read More
PSLRB Rules CIC Bargaining with PAFSO in Bad Faith
As the Professional Association of Foreign Service Officers (“PAFSO”) strike enters its fifth month, the Public Service Labour Relations Board (“PSLRB”) has ruled that Citizenship and Immigration Canada (“CIC”) is bargaining with PAFSO in bad faith. The PSLRB decision can be found here. CIC has filed a judicial review application of the PSLRB decision. There appears to be no end in sight to the PAFSO strike. However, by now most individuals who frequently interact with CIC have likely realized that many applications are continuing to be processed, and that there are certain steps that can be taken to minimize the impact of the PAFSO job action. Indeed, as the University of Toronto’s Varsity Newspaper reported: For students, the PAFSO strike practically seems to have caused, at most, a limited problem. Visas, while sometimes delayed, are not being withheld with any significant regularity, and in fact seem to be getting processed more efficiently than ever.
PAFSO Strike Jeopardizing CIC Client Services
As many people know, the Professional Association of Foreign Services Officers (“PAFSO“) is currently taking strike action. According to the PAFSO Facebook page: [As of July 10] members who have not been identified as essential have withdrawn services in San Juan, Costa Rica,Sao Paulo. Guatemala, Brasilia, Moscow, Warsaw, Singapore,Manila, Islamabad,Chandigarh,Ankara, Hong Kong, and Delhi. Some instances involve trade and political officers as well. While this action does not mean that the entire visa office is closed, it does mean a significant increase in processing times. It is true that there is some processing going on at Canadian missions abroad. Yesterday, an immigration lawyer shared a letter which he had received from the Canadian High Commission in Istanbul. He has given me permission to reproduce it below. I have never seen a letter from Citizenship and Immigration Canada which contained as many typos as this. I don’t know if a PAFSO member wrote this, or if someone who is filling in for a PAFSO member did. What I do know is that this is embarrassing for Canada.
CIC Office Closures Run Deep
The deficit reduction strategy has officially hit Citizenship and Immigration Canada’s Canadian offices. Here are a list of closures effective today: Office Closing PR Cards and Investigation Referrals will be transferred to Vegerville Referral Files will be transferred to Citizenship Files will be transferred to BC Kelowna Expo Office in Vancouver Vancouver Vancouver Nanaimo Expo office in Vancouver Vancouver Vancouver Prince George Expo Office in Vancouver Vancouver Vancouver Victoria Expo Office in Vancouver Vancouver Vancouver AB Lethbridge Calgary Calgary Calgary SK Regina Saskatoon Saskatoon Saskatoon ON Barrie St. Clair Etobicoke Scarborough Kingston Ottawa Ottawa Ottawa Oshawa St. Clair Scarborough Scarborough Sault Ste. Marie St. Clair Etobicoke Mississauga Sudbury St. Clair Etobicoke Mississauga Thunder Bay St. Clair Etobicoke Mississauga QC Gatineau Ottawa Montréal Ottawa Quebec City Montréal Montréal Montréal Sherbrooke Montréal Montréal Montréal Trois Rivières Montréal Montréal Montréal NB Moncton Moncton Moncton Moncton Saint John Fredericton Fredericton Moncton PEI Charlottetown Halifax Halifax Moncton