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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?

The term “digital nomad” has been in use for over 25 years to describe a person who supports themselves by working remotely, rather than at a fixed location, which allows them to freely travel the globe. With ongoing technological advances and a rise in digital nomadism due to the COVID-19 pandemic, the term has gone mainstream and has made its way into the vocabulary of Canadian immigration law ever since a June 2023 announcement by our government that they are actively marketing Canada as an attractive destination for digital nomads. In this article, we will review the government’s latest policy announcement and discuss the pros and cons of coming to Canada as a digital nomad.

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?

As immigration lawyers we are frequently consulted by Canadian employers about how they can hire foreign workers to fill job vacancies. The generic answer without knowing anything about the employer or the foreign worker is that all Canadian employers can hire foreign workers through the Labour Market Impact Assessment (LMIA) process, which requires an employer to demonstrate that it has a job vacancy and that there are no qualified Canadians or permanent residents who are available to fill it.

It is a fact of immigration practice that not all applications are approved. When your application is refused, what can you do? There are several options for dealing with a refusal. Let’s review the steps that you can take.

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.