The Upcoming Litigation Over Immigration, the TFWP, and Privacy

Last month, a British Columbia Provincial Nomination Program (“BC PNP”) officer requested that one of my employer clients provide payroll documents for individuals who were not a part of the BC PNP application.  We politely pointed out that the employer could not do this without the third party employees’ consent, as to provide the documents without their consentContinue Reading

Restoration of Status (Last Updated June 30, 2014

If a visitor, worker, or student loses their status in Canada, then they may apply to restore their status.  Such applications are referred to as “restoration applications.”  Section 182 of the Immigration and Refugee Protection Regulations provides that: 182. On application made by a visitor, worker or student within 90 days after losing temporary resident status asContinue Reading

Government of Canada Overhauls the Temporary Foreign Worker Program

On June 20, 2014, Citizenship and Immigration Canada (“CIC”) and the Ministry of Economic and Social Development Canada (“ESDC”) announced significant reforms to the Temporary Foreign Worker Program (“TFWP”).  The changes will affect all employers of Temporary Foreign Workers (“TFWs”) in Canada.  Many of the changes take effect immediately, with the remainder being phased inContinue Reading

ETA Regulations Announced

As I have previously written in this blog on numerous occasions, in April 2015 Canada will adopt an Electronic Travel Authorization (“eTA“) program that is similar to the Electronic System for Travel Authorization (“ESTA“) that the United States currently has, and the Electronic Travel Authority that Australia has. In January, I summarized the eTA inContinue Reading

World Citizenship by Descent

The authors of Free People Search have posted the following graphic on their website which provides a useful overview of numerous countries’ “citizenship by descent” law. A previous post of mine which discusses the limitations on citizenship by descent in Canada can be found here.

Intra-Company Transfers – Specialized Knowledge

On June 9, 2014, Citizenship and Immigration Canada (“CIC”) published Operational Bulletin 575 - Expanded Guidelines for Officers Assessing Work Permit Applications for Intra-Company Transferees with Specialized Knowledge (“OB-575“).  OB-575 introduced more stringent requirements to the Intra-Company Transferee (“ICT“) – Specialized Knowledge program.  Specifically, what constitutes “specialized knowledge” is more restrictive, and most ICT – Specialized Knowledge applicantsContinue Reading

Service Canada Ends the International Graduate LMO

More to follow.. http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/students/index.shtml Effective immediately, the Department is ending the Recruitment and Advertisement Exemption for employers wishing to hire international students who have graduated from recognized Canadian post-secondary institutions and whose Post-Graduate Work Permit (PGWP) is expiring. Employers submitting a labour market opinion (LMO) to hire an individual transitioning from the PGWP must now ensure thatContinue Reading

Security Certificates and the Harkat Decision

On May 14, 2014, the Supreme Court of Canada (“SCC”) issued its decision in Canada (Citizenship and Immigration) v. Harkat, 2014 SCC 37 (“Harkat“).  While the SCC upheld the constitutionality of Canada’s security certificate regime, it provided detailed guidance to the Federal Court on applying the process.  Mohamed Harkat and the Security Certificate Regime Mohamed Harkat (“Mr. Harkat”)Continue Reading