HomeAuthor Catherine Sas, K.C.

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.

COVID-19 has introduced an extraordinary number of measures which affect virtually every aspect of immigration processing but, interestingly enough, it has created a new line of business - the quarantine plan.

At the end of 2019, Canada’s Express Entry economic immigration selection program had just completed five full years of operation. From the perspective of our Vancouver immigration law practice, it was operating smoothly.

As immigration lawyers, we are frequently approached by both aspiring business immigrants as well as Canadian business owners who are keen to sign a deal and transfer ownership of a business with a view to the prospective business immigrant securing their family’s status in Canada and the Canadian business owner securing their family’s retirement. A mutually beneficial arrangement! Sadly, Canada’s federal business immigration programs don’t contemplate such an arrangement as a means of obtaining Canadian permanent residence, thwarting the dreams of both prospective business immigrants and Canadian business owners not to mention the loss of investment in the Canadian economy.

While the Canadian border is closed to many, Canada’s Minister of Immigration Refugees and Citizenship Canada (IRCC) has introduced travel restriction exemptions for Temporary Foreign Workers (TFWs) recently on March 26, 2020. The measures are intended to reduce, where possible, the negative impact of coronavirus on Canada's economy.

As the world grapples to contain the rapid spread of the Coronavirus, all facets of Canada’s immigration program have implemented changes including Immigration, Refugees and Citizenship Canada (IRCC), the Canada Border Services Agency (CBSA), the Immigration and Refugee Board (IRB) and the Federal Court.

The Coronavirus continues to spread at lightning speed both in China and around the globe. The Government of Canada has done its part to assist permanent and temporary residents as well as pending applicants to be able to able to either come to or remain in Canada on an urgent basis to minimize health risks to individuals.