Canada Immigration Laws Archives - Immigration Lawyer Vancouver, Canada | Sas & Ing Immigration Law Centre
 

HomeTagCanada Immigration Laws Archives - Immigration Lawyer Vancouver, Canada | Sas & Ing Immigration Law Centre

Every year Canada’s immigration minister has until November 1st to set the annual immigration targets for the following year. Last week Canada unveiled its new levels plan significantly reducing the targets for both permanent and temporary immigration. This is a dramatic change from the Trudeau government’s steady increase in immigration levels over the past decade. Let’s review some of the more significant features of last week’s announcement and see how they compare.

The delivery of Canada’s immigration program is a shared responsibility between Canada’s Minister of Immigration Refugees and Citizenship (IRCC), the Honourable Marc Miller and the Minister of Public Safety and Emergency Preparedness, the Honorable Dominic Le Blanc as is set out in Section 4 of the Immigration, Refugees and Protection Act (IRPA).

I am proud to say that I have been serving immigration clients for over a decade since I was called to the British Columbia bar in 2011. A year earlier in 2010, I had my first opportunity as an articled student to help prepare written legal submissions for a Federal Court matter concerning a family whose application for permanent residence was refused because they had a child with a disability. It was an exhilarating experience to advocate for our client’s rights and to experience firsthand how the Court oversees the immigration decision-making process to ensure that it is transparent and fair. I was instantly hooked on this work. Fast forward to 2024 and I see a rapidly changing landscape where the Court is so bogged down with cases that it can no longer effectively serve this essential role.

On Thursday, February 29, 2024 at 11:30 PM Eastern Standard Time, Canada’s Minister of Immigration, Refugees and Citizenship Canada (IRCC), the Honourable Marc Miller, re-imposed a visa requirement on all Mexican nationals seeking to come to Canada temporarily as visitors, students and workers. For many Mexicans currently in Canada, their Electronic Travel Authorizations (eTAs) were immediately canceled. For those seeking to enter Canada, it put an immediate hold on travel plans while the new rules are sorted out and visas obtained. 

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.

Many travellers to Canada find themselves turned away at the border when a CBSA officer finds they have a criminal record.  In the post 9/11 world of continuously enhanced border security, CBSA officers are able to access an individual's criminal history with a swipe of a passport.  How can you  be permitted to Canada if you have a criminal conviction in your past?  The Immigration and Refugee Protection Act (IRPA) provides both permanent and temporary solutions.

Often the clients that come to see us have previously worked with other immigration professionals.  In many cases they have not been advised according to best practices and/or have placed misguided trust in those professionals.  One of the most blatant misguided practices is to have applicants sign blank immigration application forms and then rely on the immigration professional to complete the application on their behalf.  If an immigration professional asks you to do this, warning bells should go off immediately and you should find another professional to work with. 

Immigration has been a popular subject in the news in the past several weeks since Conservative leadership candidate, Kellie Leitch, suggested that potential immigrants should be screened for “anti-Canadian values”. This suggestion has been heavily criticized and dissected in the media. Some have dismissed the idea as being anti-Canadian in itself, while others have criticized the idea as simply “unworkable”. We can likely all agree that there is such a thing as “Canadian values”, but is the idea of screening for them really unworkable or just unpopular, or both? Here are some considerations from an immigration processing standpoint.

We are frequently approached by self employed business people who are interested in establishing Canadian operations and would like to immigrate to Canada as well.  You would think that Canada would be welcoming of the entrepreneurial spirit that business self starters bring to the economy in terms of both tax revenue and job creation.  Yet Canada's current immigration program is very limited in options for self-employed business people.  Let's review what immigration options are available for the business person.

Sas and Ing Immigration Law Centre LLP

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