On April 29, 2013, the Government of Canada announced that numerous changes were being made to the Temporary Foreign Worker Program, particularly the Labour Market Opinion (“LMO“) program. While most of the changes will be phased in, some of them, including the suspension of the Accelerated Labour Market Opinion (“ALMO“) program, took effect immediately. Just… Continue Reading
Category Archives: BC PNP
Spousal Sponsorships where the Sponsor Does not Live in Canada
Section 133(2) of the Immigration and Refugee Protection Regulations (the “Regulations”) provides that: A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes [an application to sponsor a member of the Family Class] and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has… Continue Reading
The Return of Incomplete Applications
One of the most frustrating experiences for people applying for visas is to have an application returned due to incompleteness. Because of processing delays, it often takes months for Citizenship and Immigration Canada (“CIC“) to return an incomplete application, and applicants have to then start over. However, applicants should not take out all of their… Continue Reading
ATIP Results for CBA Presentation
I will be presenting in Montreal tomorrow at the Canadian Bar Association National Immigration Law Section’s annual law conference on the recently changed Federal Skilled Worker Class and the Canadian Experience Class. As part of my presentation, I have made the following copies of ATIP results below publicly available for download: ATIP 1 - https://s3.amazonaws.com/cdn.stevenmeurrens.com/docs/ATIP1.PDF Contains:… Continue Reading
Court Certifies Numerous Questions in Dismissal of Skilled Worker Class Action
In Tabingo c. Canada (Citizenship and Immigration), 2013 FC 377, the Federal Court (the “Court“) certified three questions when it dismissed the class action lawsuit launched by people whose permanent residence applications were terminated by Bill C-38, the Jobs Growth and Long-term Prosperity Act (“Bill C-38“). Bill C-38 introduced a new s. 87.4(1) (“Section 87.4(1)“)to the… Continue Reading
Court Certifies Question on Judicial Review of 117(9)(d) Refusals
The Federal Court (the “Court“) in Habtenkiel v. Canada (Citizenship and Immigration), has certified a question that if answered in the affirmative would seem to pretty much shut the door on humanitarian & compassionate (“H&C“) appeals of s. 117(9)(d) refusals. The certified question is: In light of sections 72(2)(a), 63(1) and 65 of the Immigration and Refugee Protection Act, S.C. 2001, c.… Continue Reading
Educational Credential Assessments (Updated May 22)
Citizenship and Immigration Canada has released the names of the designed Educational Credential Assessment agencies. Starting on May 4, 2013, applicants to the Federal Skilled Worker Program will be required to submit an Educational Credential Assessment. Subsection 75(2)(e) makes this a requirement even if the applicant does not wish to rely on Education points. The four… Continue Reading