Catherine Sas, K.C., Author at Immigration Lawyer Vancouver, Canada | Sas & Ing Immigration Law Centre
 

HomeAuthorCatherine Sas, K.C., Author at Immigration Lawyer Vancouver, Canada | Sas & Ing Immigration Law Centre

In our immigration law practice, my partner Victor Ing and I are routinely surprised by the clients who contact us at the eleventh hour seeking our advice as to how we can solve their immigration problems. Whether it is extending a work or study permit, obtaining an LMIA to support a work permit application or submitting an H and C application for permanent residency or even making a Stay of Removal application to the Federal Court, it is remarkable how many people leave their immigration matters to the last minute. As the quote above from John Sculley clearly states, “timing is life is everything”. That may be even more true in the Canadian immigration realm where it can result in coming to or remaining in Canada. Let me share a few real-life examples with you.

The Canadian immigration world is not that welcoming these days and it hasn’t been for the past couple of years as our many blogs have discussed. Express Entry (EE) scores are higher than most applicants can meet, draws for EE applicants focus only on in Canada applicants, the business immigration programs have been either shut down (until the end of 2026 for self-employed (SE) applicants) or significantly reduced for Start Up Visa (SUV) applicants, and the TFW program and international students have had caps introduced. Overall there is a tightening of the belt in terms of immigration processing and prospective applicants are feeling the pinch. When people can’t get what they want, they turn to other options and the most obvious choice is the Humanitarian and Compassionate (H and C) application. Spoiler Alert: Here’s more bad news - the H and C application is not meant to solve everyone’s problems.

As immigration lawyers we are frequently consulted by people who are frustrated by their inability to travel internationally due to a lack of a valid travel document. Whether it is a person who can’t obtain a passport or has an expired PR card, there are many individuals who come to consult with us about how they can travel internationally while their passport, PR card application or citizenship applications are sorted out. Often there is nothing we can do to facilitate or expedite the issuance of this identification or status. However, there is a lot that we can recommend in Canada to satisfy the travelling wanderlust of our clientele.

It’s no secret that Canada’s immigration program has experienced considerable upheaval in the past couple of years. Indeed the vast majority of our blogs in 2024 were all discussing some aspect of change to virtually all of Canadian immigration whether temporary, permanent or to obtain citizenship. Last week my partner Victor examined the statistical data demonstrating the actual outcomes of these changes on the immigrant population in Canada and how the changes are not yet having the desired effect on our immigration levels that the government intended. When implemented changes don’t provide the desired results, the impact on Canada’s immigration community can be harsh. Let’s review some of the current realities facing prospective immigrants to Canada.

Following US elections there is always a spike in interest about the opportunities for immigration to Canada by our southern neighbours in the US. However, the current Canadian immigration lay-of-the-land does not provide a lot of opportunities for such standard categories of applicants as skilled workers or business applicants. Recently imposed reductions in immigration levels have made it challenging for prospective immigrants to qualify to come to Canada. Even temporary workers and international students are facing restrictions. One sector of opportunity for aspiring US immigrants to Canada is for family sponsorship and citizenship by descent to bring family members to Canada. Let’s review these potential opportunities.

It is a natural tendency for people to communicate in the language that is most familiar to them. This natural tendency does not jive with Canada’s immigration program where there is a significant emphasis, if not the most significant emphasis, on language proficiency in English and/or French. Communicating in your native tongue, while comfortable, does not lend itself to garnering points in our immigration scoring systems for language proficiency. It is also tempting for prospective applicants to search out an immigration representative who can communicate with them in their native language. There are sound reasons to resist this temptation. Let’s review some real-life situations where failure to communicate in English or French can be problematic.

This past Friday, March 7, 2025, brought some welcome news for prospective immigrants in Canada’s construction sector. Recognizing the need for a stronger construction worker labour force, Canada’s Minister of Immigration, Refugees and Citizenship Canada ( IRCC), Marc Miller, announced steps to strengthen the opportunities for foreign construction workers in Canada including the creation of an industry advisory council, expansion of a pilot project to enable out-of-status workers to be legally employed and for apprentices in the trades to study without authorization enabling them to obtain their official trade certification in Canada. These steps have been introduced to both increase the pool of construction workers in Canada and to boost housing construction for the benefit of Canadians and the Canadian economy.

Every US presidential election brings renewed interest in Americans seeking to come to Canada.  This is not unique to President Trump, but Trump brings some specific Canadian immigration consequences to his being elected President of the United States. Immediately following his election on November 8, 2016, the dramatic interest in Canadian immigration resulted in a crash to our online information system.   Many of his proposed policies piqued interest for many Americans and non-Americans without status seeking residency and/or protection in Canada. However, the Canadian immigration reality is very different from 2016 and Canada is not as welcoming as it has been in the past.  Prospective immigrants from the US need to know the current lay of the Canadian immigration landscape.

In my 30+ years as an immigration lawyer there is no single year that I can recall that has heralded the unprecedented level of change to Canada’s immigration program as 2024! Virtually every aspect of Canada’s economic immigration program has been altered and in many cases dramatically. Economic immigrants are what drives Canada’s immigration program: international students, workers, business immigrants, Express Entry and PNP applicants for permanent residence,

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