HomeAuthorCatherine Sas, K.C., Author at Immigration Lawyer Vancouver, Canada | Sas & Ing Immigration Law Centre - Page 7 of 17

A popular pathway for immigration to Canada for business people is the Owner/Operator (“O/O”) Labour Market Impact Assessment (“LMIA”) category. Business persons seeking to purchase or establish a business under the O/O program could apply to Service Canada for an LMIA which would entitle them to apply for a work permit of up to two years. At the introduction of Canada’s Express Entry (“EE”) immigration selection program in January of 2015, the O/O LMIA became a popular immigration strategy for many business persons as it would qualify as Arranged Employment and garner 600 points in the EE scoring process and often lead to permanent residence for the O/O LMIA work permit holder.

Of all the various statutory weaponry in an immigration officer’s arsenal, there is perhaps none so lethal in the Immigration and Refugee Protection Act (IRPA) as S. 40, the statutory provision which defines misrepresentation. A misrepresentation finding has dire consequences - generally a five-year ban on making any future immigration application, but in some cases, a permanent bar to ever being able to come to Canada.

It is rare in our blogs to provide case commentary upon court decisions as the vast majority of Canadian jurisprudence is mostly for consideration and contemplation by lawyers rather than the layperson. But from time to time a judicial conclusion provides significant guidance to the general public. The recent BC Supreme Court decision of He v. Guo is such a case providing considerable food for thought in the Canadian immigrant community.

One of the most significant and consistent effects of COVID-19 to overall immigration processing can be distilled to a single word: delay. Immigration, Refugees and Citizenship Canada’s (IRCC) standard processing times have been obliterated and, in some cases, have ground to a stand-still.

COVID-19 has dramatically transformed virtually all aspects of Canada’s immigration program but perhaps no sector has faced as much confusion and disruption as that for international students. Border closures have made it next to impossible for international students who have already commenced studying in Canada and have a valid study permit, to be able to return to Canada.