Citizenship and Immigration Canada’s acknowledgements of receipts for permanent residence applications generally contain some variation of the following statement: Please inform the visa office of any changes in your application (e.g. birth or adoption of a child, marriage or common-law relationship, new occupation or employer, change of address, change of e-mail address, change of immigration representative, etc).  Please include a letter identifying what the changes are and any relevant supporting documents.  If your documents are not in English or French, send a notarized (certified) translation with a copy of the originals. […]

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In June 2012 I wrote about how the Conservative government had introduced Bill C-43, the Faster Removal of Foreign Criminals Act (“Bill C-43“).  Amongst other things, Bill C-43 increases the penalties for misrepresentation, removes appeal rights for permanent residents who are sentenced to a length of imprisonment of six months or more, gives the Minister of Citizenship and Immigration Canada the power to let otherwise inadmissible people to Canada into the country based on his discretion, and prohibits visa officers from considering humanitarian & compassionate factors in certain scenarios. On June 19, […]

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Buddhist Priest Inadmissible For Misrepresentation

The Federal Court has affirmed the reasonableness of Citizenship and Immigration Canada’s (“CIC“) decision to declare a Buddhist priest inadmissible to Canada for misrepresentation.  The consequence of being declared inadmissible to Canada is a two-year ban on entering Canada. The priest, who at the time of the decision lived in Toronto, filed an application for permanent residency with CIC in 2009.  On his Schedule 1 Background Declaration form, the priest answered as follows: The priest ticked NO to bullet points 2 and 3 despite having applied for numerous temporary resident visas […]

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On October 12, 2011, I wrote about how the Federal Court in Osisanwo had certified the following question: Is a foreign national inadmissible for misrepresenting a material fact if at the time of filing his/her application for permanent residence or at the time of granting permanent residence he/she had no knowledge of the material fact that constituted such misrepresentation?   Ultimately, the Respondent in Osisanwo did not litigate to the Federal Court of Appeal.  However, on April 13, 2012,  the Federal Court issued several judgements in misrepresentation cases that establish a clear rule regarding whether […]

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Staying Removal at the IAD

People issued removal orders often want to know how long they can stay in Canada before they have to leave, and if there is a chance to defer removal.

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The Canadian Immigrant Investor Program re-opened on December 1, 2010. The requirements for the program have increased. Applicants will now have to prove a personal net worth of CAD 1.6-million (an increase from the previous $800,000) and make a passive $800,000 (an increase from the previous $400,000) investment with the Government of Canada.

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When someone sponsors their spouse or common-law partner to immigrate to Canada, it can often be difficult to determine how detailed one’s application should be.  Should one include every aspect of their relationship history, including marital difficulties?  What about instances of fidelity? Several Federal Court of Canada decisions involving cases of alleged misrepresentation against applicants offer guidance on this topic. In Chen v. Canada (Public Safety and Emergency Preparedness),(“Chen“), Mr. Chen, a Chinese citizen, married Ms. Zou, a Canadian permanent resident. Ms. Zou then sponsored Mr. Chen for permanent residence.  While […]

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