Catherine Sas, K.C., Author at Immigration Lawyer Vancouver, Canada | Sas & Ing Immigration Law Centre - Page 3 of 17
 

HomeAuthorCatherine Sas, K.C., Author at Immigration Lawyer Vancouver, Canada | Sas & Ing Immigration Law Centre - Page 3 of 17

When Canada’s Start Up Visa (SUV) was first introduced in 2013, the uptake from applicants was very slow with few applications in the first several years. Things started picking up by 2018 and 2019 with the program building up momentum, largely due to immigration lawyers and consultants becoming more familiar with the program and recommending it to aspiring business immigrants. One of the most attractive features of the program was that SUV applicants would be given permanent residence (PR) on a proposed innovative business concept and that applications would be approved quickly - within 12 months or less. Then the global pandemic hit and immigration processing ground to a halt. Yet the momentum of ongoing SUV applicants continued unabated. By October 2021, “LexBase” editor Richard Kurland reported a backlog of approximately 6700 applicants and opined that the processing of applications would take several years. His prediction has come true! The combination of an increased number of applications and lengthier processing times of several years, has changed the way that SUV applications are assessed by visa officers and current and prospective applicants should be aware that the SUV playing field has changed!

There is a constant discussion in mainstream media about the need for foreign workers to maintain and support the Canadian economy. Practically, however, it is not that easy for employers to bring foreign workers to Canada in a timely fashion. At our immigration law firm, we find that employers are often surprised at the numerous steps that they need to take to bring foreign workers to Canada to assist them with their business obligations. What does an employer need to know to be able to streamline the process of bringing workers to Canada?

On September 8, 2023 Canada’s newest Minister of Immigration, Mark Miller, announced the re-opening of the Parents and Grandparents program (PGP) signifying the fourth consecutive year that the pool of sponsors would be selected from those who registered their Interest to Sponsor (ITS) in 2020. Practically this means that no new sponsors could even register for have their parents or grandparents immigrate to Canada for four years. What does this mean for permanent residents or citizens who are seeking to bring their parents or grandparents to live with them in Canada?

One of the most onerous, harsh and negative provisions in Canadian immigration law is a misrepresentation determination. A finding of misrepresentation comes with a five-year ban of applying to come to Canada. What options do you have when a misrepresentation determination has been made against you?

The introduction of the “Tech Talent Strategy” by Canada’s Minister of Immigration, Refugees and Citizenship Canada (IRCC) last month brought lots of good news for Start Up Visa (SUV) applicants including extending the work permit validity period from one year to three years, allowing for open work permits for individuals to work in Canada other than in their own businesses and also extending these perks to all the members of the SUV team rather than only for essential members. IRCC Minister Sean Fraser’s announcement is meant to alleviate situations of hardship for SUV applicants facing long processing times for their permanent residence applications and also enables Canadian employers to benefit from the skills of applicants already in Canada.

As immigration lawyers we are frequently told by clients “I don’t need a work permit - I’m just volunteering!” Understanding what is considered work and what is considered volunteering is vital to ensure that you maintain valid legal status while in Canada. For those in Canada on visitor status, it is important to know what you can and can’t do without a work permit. Providing services without receiving payment does not equal “volunteering” and in most cases will require a work permit.

Last week’s announcement by Minister for Immigration, Citizenship and Refugees Canada (IRCC), the Honourable Sean Fraser, was indeed a welcome development for international students in Canada who have unknowingly fallen prey to unscrupulous immigration representatives.  But let’s be clear - this does not let all Canadian international students off the hook for transgressions while studying.  The onus on all foreign nationals seeking status in Canada is a very high standard and it is worth reviewing to remind students what their responsibilities are while studying in Canada.

Today, June 14, 2023, Minister of Immigration, Refugees and Citizenship Canada (IRCC), the Honorable Sean Fraser, did something truly honorable for international students in Canada who have been victims of immigration fraud by unscrupulous representatives - he introduced a policy directing immigration officers and Canada Border Services Agency (CBSA) officers to grant a temporary resident permit to students who have actually studied in Canada and were clearly unaware of the improper actions of their representatives.

Family reunification is a fundamental cornerstone of Canada’s immigration program. Parents are able to sponsor their dependent minor children and spouses can sponsor their spouses whether from abroad or from within Canada. While a birth certificate is proof positive of a parental relationship, establishing a spousal relationship can be much trickier. Spousal relationships include marital and common law relationships and Immigration Refugees and Citizenship Canada (IRCC) can go beyond a mere marriage certificate to determine whether a relationship is genuine.

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