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Permanent Residence for under 22 children - Temporary Public Policy

This post follows up on our last post announcing the coming into force the change to the age of dependent children. 
You might be wondering how to gain permanent residence for a child who wasn't eligible prior to October 24, 2017. CIC has a temporary public policy in place which provides guidance on how to get this done.
The government announced the change to the age of dependency on May 3, 2017, even though it only came into force a few days ago. As such, this public policy only applies to those applications made by the parents of these children between May 3, 2017, and October 23, 2017. 
The Policy provides the following guidance for eligibility:

Based on public policy considerations, delegated officers may grant an exemption from the provisions of the Regulations listed below to foreign nationals who meet the following eligibility criteria and conditions: A permanent residence application for a child can be made if the: Child was 19, 20, or 21 as of May 3, 2017 (the date of fina…
Recent posts

Age of Dependent Child - now 'under 22'

Today is the day! The age of dependent children is to revert back to 'under 22'. You can read the original release here. The previous changes had lowered the age of dependent children to under 19 and removed the exception for those enrolled in post-secondary education. Going forward, a "dependent child" is any biological or adopted child of the parent, who is in one of the following situations of dependency: Is under 22 and not a spouse or common-law partner;is 22 or older but has depended substantially on the financial support of the parent since before the age of 22 and is unable to be financially self-supporting due to a physical or mental condition  Those who have pending permanent residence applications can now add their under 22 children to their application, if they were formerly prevented from doing so when the age limit was under 19. Those whose permanent residence applications have been finalized may be in a position to sponsor their under 22 child

Alberta Immigrant Nominee Program (AINP) - 2018 program changes

AINP has announced some significant changes to the way it will intake applications from 2018. Here are some insights from their recent release:
Key changes
Effective Jan. 2, 2018, the AINP will consolidate the Employer-Driven and Strategic Recruitment Streams and 11 sub-categories under one new Alberta Opportunity Stream.The Alberta Opportunity Stream will have one single set of eligibility criteria, ensuring a simpler application process and shorter processing times.Beginning in 2018, the AINP will have the ability to place yearly caps on the number of applications accepted and nominations issued for certain sectors and occupations, ensuring equitable distribution of workers and fairness across all sectors and industries in Alberta.Alberta will add an Express Entry Stream allowing the AINP to select candidates from the federal Express Entry pool. This will be operational in January 2018. Alberta labour anticipates shortages in the following areas: nurse supervisors and registered nurse…

HUGE decision by SCC - Conditional Sentences & Serious Criminality for Permanent Residents

The Supreme Court of Canada just released its decision in the Tran case. At issue in the case was the interpretation to be given to section 36(1)(a) of the Immigration and Refugee Protection Act (IRPA), which reads:
36 (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for (a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;
Any permanent residents found to be inadmissible for "serious criminality" lost their right of appeal to the Immigration Appeal Division (IAD) pursuant to section 64 of IRPA:
64 (1) No appeal may be made to the Immigration Appeal Division by a foreign national or their sponsor or by a permanent resident if the foreign national or permanent resident has been found to be inadmissible on grounds of securi…

Citizenship changes - October 11, 2017

Minister Hussein spoke in Brampton, ON (broadcast via Facebook Live) this morning on the issue of upcoming changes to the Citizenship Act. Here is a summary of those changes:

1. Residency Requirement At present, a Permanent Resident ("PR") is required to physically reside in Canada for 4 years out of the last 6 years, as well as physical presence for 6 months (183) days for four of those years.

The changes coming next week will change this requirement to physical residence for 3 years in the last 5.

2. Filing Income Taxes The requirement to file taxes continues and must be demonstrated for the relevant 3 year period to correspond to the changes to the residency requirement.
3. Lawful physical presence as a Temporary Resident ("TR") It used to be that time spent in Canada as a legal TR could be counted for 1/2 time towards citizenship residency. So, someone here on a work permit for 4 years prior to getting PR could have counted 1 year towards their citizenship time…

Law at Your Library: Immigration Law - Overseas Family Sponsorships

Want to learn more about overseas family sponsorships? I'm presenting at a free workshop presented by the Calgary Public Library and Calgary Legal Guidance. Come have a listen if this is something that interests you!

Click here to register.

Location: Central library (Calgary)
Date: Monday October 2, 2018
Time: 6-7:30pm

Hope to see you there!

Refugee (Asylum) Claims - Understanding the Process

There has been a lot of news coverage about the influx of refugees (asylum seekers) into Canada via the United States, particularly into Quebec. This post is meant to explore who is entitled to make such a claim in Canada and what claimants can expect.

Eligibility to make the claimCanada and the US have entered into what's called a "safe third country agreement". Essentially, both countries consider the other to be relatively equal in terms of refugee protection and the refugee process. As such, there is an expectation for claimants to make their refugee claim in the first of these two countries. 
The practical consequence of this agreement is that it prevents individuals crossing from the US into Canada at a land border from making a claim in Canada. 
There are exceptions to this agreement: If the claimant has family in CanadaIf the claim is made at an in-land officeIf the claim is made at an airportThere are other eligibility factors as well, but this is the main issue aff…

Refugees - Montreal - Dedicated Service Counter

In light of the influx of asylum seekers entering Canada (specifically into Quebec), IRCC has set up a "Dedicated Service Counter" in Montreal, open to the public from 8am to 4pm. This is meant to speed us eligibility interviews of newly arrived asylum seekers, which then allows claimants to apply for work permits while they await the adjudication of their asylum claim.

Details from the notice:

The dedicated service counter will allow claimants to get an earlier date for an eligibility interview which will also help them to have earlier access to work permits.  For this to happen, it is essential that each client completes the required application forms in full. Those requiring assistance with their application forms can get it at the dedicated service counter.
Help us Spread the Word This counter is open to the public without appointment 7 days a week from 8am to 4pm and is located at:
Guy Favreau Complex 200 René Lévesque Blvd West, suite 10 Montréal

We have prepared a handout in …

Credibility vs. Plausibility in Refugee Claims

I recently appeared before the Federal Court on a judicial review of a negative Refugee Appeal Division (RAD) decision. The claimant was a Cuban national accused of flouting Cuba's currency controls.  The Applicant was self-represented at his refugee hearing before the Refugee Protection Division (RPD). As such, the corroborative evidence was far from idea. However, the RPD did find him to be detailed and consistent in his evidence. The RPD rejected the claimant's documents alleging they could not be independently verified to be authentic. However, the RPD made no actual efforts to verify the documents. The RPD also made a host of negative plausibility findings, which it said disposed of the claim in light of the lack of verifiable corroborative documents. The claimant exercised his appeal rights to the RAD, which agreed that the RPD had no basis to find the claimant's documents to be fraudulent. However, the RAD simply dismissed the claimant's corroborative documents…

Conditional Permanent Residence (PR) Repealed

Effective April 28, 2017, IRCC has repealed the Conditional Permanent Residence that affected sponsored spouses. This will affect the following individuals: Permanent residents who have been issued a Confirmation of Permanent Residence (COPR) with a condition to cohabit with their sponsor for a period of two years and for whom the two-year period has not expired.Permanent residents who are the subject of a report issued pursuant to subsection 44(1) of the Immigration and Refugee Protection Act (IRPA) for failing to comply with the requirement to cohabit with their sponsor for a period of two years, who have not yet been referred for an Admissibility Hearing at the Immigration Division (ID) of the Immigration and Refugee Board (IRB) pursuant to subsection A44(2) as well as those who have been referred but have not yet been issued a removal order.Permanent residents who have been issued a removal order for failure to comply with the requirement to cohabit with their sponsor for a period…