We are frequently approached by international business people seeking to establish a presence in Canada and settle with their families permanently. In the international marketplace, "business immigration" is a common term and many countries offer attractive options for obtaining permanent residence.
We live in a world where almost any information is right at our fingertips. With a click of a few buttons on the internet we can learn about any subject matter that interests us. Despite these modern conveniences, the ease with which we can access information comes at a cost: information is so readily accessible that we aren’t sure what information is real and reliable and what isn’t. When it comes to Canadian immigration law, readers of the official government immigration website should take a cautious approach when reviewing the information that is made available.
Immigration fraud has always plagued the immigration application process. But in more recent years, Immigration, Refugees and Citizenship Canada (IRCC) and Canada Border Services Agency (CBSA) have combined forces with the RCMP and police to pursue flagrant instances of fraud and abuse.
For years, my colleague Catherine Sas, Q.C. and I have written blogs to warn the public about the serious consequences of committing a misrepresentation in immigration matters, which carries a five-year ban from making any future immigration applications. Unfortunately, misrepresentation continues to be a serious problem in the realm of immigration practice. That is why I’d like to explore the reasons why people choose to commit misrepresentations and explain why you should not fall into this trap. Read on if you want to learn more about two of the most common reasons that lead people to commit misrepresentations.
In our immigration law office, we are regularly consulted by people who have been refused applications to Canada whether temporary or permanent, overseas or from within Canada. In most cases, we are able to succeed with a re-application.
At the beginning of this year, I wrote a blog predicting a significant drop in the Comprehensive Ranking System (CRS) points needed to receive an invitation to apply (ITA) for permanent residence under Canada’s Express Entry system. Since then, we have seen an unprecedented drop in CRS points and, as a result, many Canadian Experience Class (CEC) candidates became eligible to apply for permanent residence even though they would not have scored enough CRS points to receive an ITA before the COVID-19 pandemic. Recent trends, however, show that the CRS points needed to receive an ITA may be shifting back to pre-pandemic levels.
On May 6, 2021, Immigration, Refugees, and Citizenship (“IRCC”) launched the Temporary Residence to Permanent Residence Pathway (“TR to PR”) for essential workers and international students in Canada. On July 26, 2021, IRCC broadened the benefits of this pathway. Candidates can now apply for a coveted open work permit while their temporary residence status is still in place (until a decision is made on their permanent residence application). This open work permit allows those who are awaiting a decision on their application to extend or remain in status during this transitional period.
On July 19, 2021 the Public Health Agency of Canada announced plans to fully reopen Canada’s borders to international travellers by September 7, 2021. This inspiring news reflects the fact that more than 75% of our adult population has received at least one dose of a COVID-19 vaccine and over 50% are fully vaccinated.
One of the challenges that prospective immigrants to Canada face is to secure employment in Canada prior to applying for permanent residence. In the Express Entry (EE) program’s Comprehensive Ranking System (CRS) scoring criteria, after education and language proficiency, the factor that garners the most point is Canadian work experience. How does one qualify for a job in Canada from abroad? It is indeed challenging for prospective workers abroad to obtain a work permit in Canada without first being offered a position by a Canadian employer.
Starting July 5, 2021, fully vaccinated travellers will be exempt from the requirement to quarantine upon arrival to Canada. This exciting news, which was announced on June 21, 2021, represents the first phase of a gradual plan to lift border restrictions currently applicable to international travellers. As vaccination rates in Canada continue to rise over the summer, we can expect that further announcements will be made to facilitate international travel and to re-open immigration streams that have been suspended over the past year.
Sas and Ing Immigration Law Centre LLP
A partnership between Catherine Sas Law Corporation and Victor Ing Law Corporation
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