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Many people are aware of the humanitarian and compassionate (H and C) application process for permanent residence to Canada which people can turn to when they are not able to access any other type of immigration application and when they can demonstrate compelling personal circumstances. H and C applications can be made from within Canada as well as from outside of Canada. However, the H and C statutory provisions exclude certain applicants, specifically persons found to be inadmissible to Canada pursuant to ss. 34, 35 and 37 of the Immigration and Refugee Protection Act (IRPA) on security grounds. If you have been found inadmissible to Canada on one of these grounds what are your possible options to overcome such a finding and either remain in or come to Canada?

On January 22, 2024, Canada’s Minister of Immigration, Refugees and Citizenship, the Honourable Marc Miller made the seismic announcement that Canada will set caps to limit the number of new international students coming to Canada, with a goal to reduce overall levels by a whopping 35% over two years.  Minister Miller did not mince words during his January press conference when describing the institutional wrongs he intends to right, citing the existence of “diploma mills” whose sole purpose is to turn a profit from international students, rather than ensuring they receive a quality education and experience in Canada.  It has now been a month since Minister Miller's announcement was made, and we are now seeing trickle down effects in the ways that provinces and territories are adapting to these changes.

In response to public concerns raised about the impact of foreign students to the overall economy and housing, this past Monday, January 22, 2024, Canada’s Minister of Immigration, Refugees and Citizenship (IRCC), the Honourable Mark Miller, introduced sweeping changes to Canada’s international student program decreasing the overall number of applications to be accepted, introducing provincial and territorial caps and modifying the post-graduation work permit (PGWP) program. While the changes are set to take effect September 1, 2024, certain aspects of the program will be affected as of Monday, effectively suspending further study permit applications until the end of March.  

It was an extremely busy year in the Federal Court when it came to immigration lawsuits. Under Canadian immigration law, the Federal Court has the final jurisdiction to review and overturn immigration decisions upon “judicial review”. In 2023, the Court saw a 20% uptick in new judicial review applications being filed, which begs the question: “What happened”? In this blog, I will briefly review the judicial review process and discuss the reasons for this incredible and unsustainable growth in litigation.

On December 7, 2023, the Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship announced that, starting January 1, 2024, international students will be required to have more funds to be granted a student visa to ensure they can afford the costs of living in Canada. Speaking to reporters, the Minister acknowledged that there may be unintended consequences arising from the increase in financial requirements, which are more than doubling from $10,000 to $20,635 to cover the first year of living expenses in Canada, but he felt it was necessary so that students will not feel forced to work to make ends meet. There is already a debate about whether the Minister’s announcement will lead to a noticeable decrease in the number of international students in Canada and whether those who meet the higher financial requirements will truly benefit from this change. In this blog post we will review some of the experiences we have had at our law firm working closely with international students.

On November 16, 2023, the Province of British Columbia (the Province) announced the prioritization of 25 construction occupations through the BC Provincial Nominee Program (BC PNP). The BC PNP is an economic selection program that provides an opportunity for employers to nominate workers who seek to immigrate to British Columbia (BC). Let’s see how employers and construction workers can benefit from this new BC PNP priority program.

In our immigration law firm, we are often consulted by persons with criminal records facing deportation from Canada. Deportation is the severest penalty a person can face under the Immigration and Refugee Protection Act (“IRPA”). For most individuals who are found inadmissible to Canada, there are immigration options such as Criminal Rehabilitation, a Temporary Resident Permit or a Humanitarian and Compassionate application for permanent residence in order to remain in Canada.

At our immigration law office we frequently consult with clients about spousal sponsorships, which involves an application by a Canadian citizen or permanent resident to sponsor their spouse or common-law partner for permanent residence in Canada. These applications are quite commonplace and represent a large proportion of approvals each year. To illustrate, in 2021 over 69,000 foreign nationals were admitted to Canada as permanent residents under a spousal sponsorship and this represented about 17% of the total admissions approved for the entire year.

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!

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