Catherine Sas, K.C., Author at Immigration Lawyer Vancouver, Canada | Sas & Ing Immigration Law Centre - Page 9 of 17
 

HomeAuthorCatherine Sas, K.C., Author at Immigration Lawyer Vancouver, Canada | Sas & Ing Immigration Law Centre - Page 9 of 17

We are more and more frequently being consulted by individuals seeking advice as to how to remedy their situations in Canada where they have received improper or even illegal advice from immigration professionals. Frequently, the circumstances facing the individuals coming to see us are due to unreasonable expectations about how to remain in Canada or obtain status that is not generally permitted.

Life in Canada can be challenging for temporary residents who are suffering abuse at the hands of their Canadian employers or loved ones. Many vulnerable individuals in these situations are afraid to speak out about the abuse they are suffering because they do not want to compromise their own immigration status in Canada. Fortunately, the Canadian government announced new initiatives in May 2019 for foreign workers and accompanying spouses to escape from abusive situations while legally maintaining their immigration status.

There are numerous documented examples of aspiring applicants for Canadian immigration falling prey to unscrupulous immigration consultants and advisors. These advisors, many of whome are based around the world, can end up sabotage their client’s chances of settling down in Canada, either temporarily or permanently.

In January 2013, Immigration Refugees and Citizenship Canada (IRCC) first introduced an identification and security measure known as biometrics with a view of strengthening Canada’s immigration programs through identity theft prevention and effective screening for previous criminal or immigration history.

With the elimination of Canada’s federal Investor and Entrepreneur programs in 2014, prospective business immigrants have had to turn to the Provincial Nominee Programs (“PNPs”) as a means of obtaining Canadian Permanent Residence. Most business immigrants tend to establish their businesses in larger urban centers.

It may seem odd that in certain circumstances a grandson or granddaughter can sponsor a grandparent but a father or mother can’t sponsor their child. However, the immigration law surrounding sponsorship is not as straightforward as it seems, and more often than not, the reverse is true: it is harder to sponsor a grandparent than a daughter or son.

This past Friday, May 31, 2019, while speaking at the Canadian Bar Association’s National Annual Immigration Law Conference, Minister of Immigration and Refugees, Ahmed Hussen announced before the Immigration bar that R.117(9)(d) - collectively viewed by the majority of Canada’s immigration lawyers as the most odious and draconian piece of legislation in all of the Immigration and Refugee Protection Act (IRPA) - would no longer apply to many Canadians sponsoring their spouses or dependent children.

This past February 23, 2019, Canada’s Minister of Immigration, Refugees and Citizenship, Ahmed Hussen announced the “Interim Pathway for Caregivers” program to provide a means to permanent residence for in home care-givers for children and the elderly who may not otherwise qualify due to changes to the program in 2014. Historically Canada’s caregiver programs have always provided a path to permanent residence and caregiver applicants were always assessed as potential immigrants when applying for their work permits.

BC recently launched its new Regional Entrepreneur Pilot program to promote economic development in the province’s smaller communities. The program builds upon the BC PNP Entrepreneur Base program but features lower investment thresholds and partners with smaller communities with populations of less than 75,000 who are actively seeking investment in specific economic sectors.

On February 23, 2019, Canada’s Minister for Immigration, Refugees and Citizenship Canada (IRCC) Ahmed Hussen announced that he would be launching two new 5-year Caregiver immigration pilot programs along with a new interim program for permanent residence for caregivers currently in Canada. This is welcome news for both aspiring caregivers abroad as well as for those currently in Canada. Canada’s caregiver program can only be described as utterly confusing over the past five years. This announcement, while welcome, does not provide the much-needed clarity that our caregivers deserve. Let’s try and understand the significance of these announcements and what it means for caregivers currently in Canada.

Sas and Ing Immigration Law Centre LLP

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