Catherine Sas, K.C., Author at Immigration Lawyer Vancouver, Canada | Sas & Ing Immigration Law Centre - Page 4 of 17
 

HomeAuthorCatherine Sas, K.C., Author at Immigration Lawyer Vancouver, Canada | Sas & Ing Immigration Law Centre - Page 4 of 17

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.

Federal employees of Service Canada, Immigration, Refugees and Citizenship Canada (IRCC), the Immigration and Refugee Board of Canada (IRB), and the Canada Border Services Agency (CSBA) are all members of the largest workers union in Canada: The Public Service Alliance of Canada (PSAC). Many of the non-essential workers of PSAC went on strike on April 19, 2023, which is expected to cause significant delays and disruption to immigration-related services across the country.

Navigating the age limit for dependent children in Canadian immigration applications can seem challenging. However, being well-informed about this process is vital for optimizing your children’s inclusion in your own immigration application. We aim to clarify the age limit for dependent children in Canadian immigration applications and offer examples to help you better understand this process.

Humanitarian and Compassionate (“H&C”) applications are often the last resort for persons left with no other means of immigrating or remaining in Canada due to their personal circumstances. Under s.25(1) of the Immigration, Refugee and Protection Act (“IRPA”), H&C applications can be made from inside or outside Canada as an alternative to meeting the usual criteria for immigration. Individuals who are otherwise inadmissible to Canada may also be able to apply for special consideration based on H&C grounds.

In my over thirty years of practice as an immigration lawyer it has been a fundamental principal of immigration processing that applicants should generally apply for both Canadian temporary or permanent status from outside of Canada. While there are some exceptions to this requirement, they have been few. That all changed during the global pandemic with many workers, students and visitors being stranded in Canada with no ability to travel for months and, in some cases, years.

This past Friday, December 2, 2022, Canada’s Minister of Immigration, Refugees and Citizenship Canada (IRCC), Sean Fraser, and Tourism Minister and Associate Minister of Finance, Randy Boissonnault, introduced a significant expansion of employment opportunities for the spouses and working-age children of temporary foreign workers (TFWs) already in Canada. Recognizing the significant challenges that employers are facing in the current Canadian labour market, the changes introduced will now provide for employment opportunities for the spouses of lower and low skilled workers as well as for their working-age children. This new measure is set to be implemented in January 2023 and will last for a period of two years.

Canadian work experience is often the key necessity to qualifying for permanent residence in Canada. While several other features are important – such as foreign education and foreign work experience along with language proficiency, Canadian work experience is highly significant. Having practiced immigration law for over 30 years and employed many new and aspiring Canadian immigrants, I would like to share my observations. Currently, many Canadian businesses are struggling to find workers and our office is no exception. We are frequently searching for office administrators and/or legal assistants – two occupations that are amongst the most common as the basis for applying for permanent residence. As an employer and immigration lawyer, I would like to provide some insights to securing that vital Canadian employment on your immigration journey.

Canada’s National Occupational Classification (NOC) coding system was first published in the 1990s to classify all the occupations in the Canadian labour market and has been used for decades to evaluate prospective immigrant’s work experience. It has been updated every few years such as the minor changes introduced with NOC 2016, but the newest update that the Department of Immigration, Refugees and Citizenship Canada (IRCC) is rolling out on November 16, 2022 is something to be on the lookout for.

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