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
Category Archives: BC PNP
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
Introducing the Start-Up Business Class
On March 28, 2013, Citizenship and Immigration Canada (“CIC”) revealed the details of the Start-Up Business Class, and announced that it will begin accepting applications on April 1, 2013. The Start-Up Business Class is a new federal economic immigration program, and joins the Federal Skilled Worker Class, the Canadian Experience Class, the Provincial Nominee Class,… Continue Reading
Who Should Consider the Federal Skilled Trades Class?
(The following is an article that I wrote for the March 2013 edition of Canadian Immigrant Magazine) On January 2, 2013, Citizenship and Immigration Canada (“CIC”) opened the Federal Skilled Trades Program (“FSTP”). CIC will process up to 3,000 FSTP applications in 2013. For certain people, the FSTP will be an attractive alternative to those… Continue Reading
New 2013 Federal Skilled Worker Class (Updated – April 18, 2013)
(On August 17, 2012, Citizenship and Immigration Canada (“CIC”) announced that it would be overhauling Canada’s Federal Skilled Worker Class (“FSWC”). Numerous program announcements have been introduced since then. Each time we have revised and updated this blog post. The most recent update was on April 18, 2013.) In brief, the FSWC will now focus… Continue Reading
Certified Question on Salaries and the CEC
The Federal Court has certified a question regarding whether immigration officers can consider a position’s prevailing wage rate when determining whether an applicant meets the requirements of the Canadian Experience Class (“CEC“). Although the Court in Qin v. Canada (Citizenship and Immigration), 2013 FC 147 stated that it can, the issue is now on its way… Continue Reading
Reliability of CIC Cap Figures
Many immigration programs, including the newly enacted Federal Skilled Trades Program, contain caps on the number of people who can apply. Citizenship and Immigration Canada (“CIC“) generally advises people that they should check the CIC website before submitting applications to make sure that the cap has not been exceeded. Unfortunately, CIC has also (successfully) argued… Continue Reading