Certified Question on Removal Orders for Permanent Resident Visa Holders at the Port of Entry

23rd Mar 2015 Comments Off on Certified Question on Removal Orders for Permanent Resident Visa Holders at the Port of Entry

On March 17, 2015, Justice Montigny in Ismail v. Canada (Citizenship and Immigration), 2015 FC 338 (“Ismail“), certified the following question:

For the purposes of determining its jurisdiction to hear an appeal pursuant to subsection 63(2) of the IRPA, shall the validity of the permanent resident visa be assessed by the IAD at the time of arrival in Canada or at the time the exclusion order is made?

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Applying for a Work Permit at the Port of Entry

13th Feb 2013 Comments Off on Applying for a Work Permit at the Port of Entry

Many individuals know that people who are exempt from the requirement to obtain a Temporary Resident Visa can apply for a Work Permit at a Canadian Port of Entry.  What many do not realize is that this extends to people from any country who are returning to Canada after a trip to the United States.  Specifically, r. 190 of the Immigration and Refugee Protection Regulations states that:

(3) A foreign national is exempt from the requirement to obtain a temporary resident visa if they are seeking to enter and remain in Canada solely

(f) to re-enter Canada following a visit solely to the United States or St. Pierre and Miquelon, if they

(i) held a study permit or a work permit that was issued before they left Canada on such a visit or were authorized to enter and remain in Canada as a temporary resident, and

(ii) return to Canada by the end of the period initially authorized for their stay or any extension to it;

We have made available for purchase on this blog an internal CBSA Memorandum from March 8, 2007, addressing this issue.   The price for this document, which was obtained through an Access to Information and Privacy Act request, is $6.95.  Our goal in providing this document is to help you save valuable research time.  As well, it may be useful for you to bring a copy of this document either to the Port of Entry if you apply for a work permit there, or to a meeting with any immigration lawyer or consultant that you may have on this issue.

We have provided the first page of the memorandum as a sample below.

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