Category: Immigration

Rejected work, study or visitor visa – what next?

If you have carefully filled in the forms, gathered the numerous supporting documents and tried to provide as thorough an explanation for your application for temporary residence to Canada, it can be deflating to receive a denial letter. While often an application may be rejected simply because the case was not strong enough, there may be things an applicant overlooked in the application process and could therefore “fix” in a subsequent application.

While Immigration, Refugees and Citizenship Canada (IRCC) suggests here that you should not apply again if you were refused the first time, this does not preclude submitting an application that presents new or revised information that may make the case stronger. The IRCC also advises that hiring an immigration representative such as an immigration lawyer won’t increase your chances of success.

While the mere submission of an application by a representative will not in itself increase your chances, an experienced immigration lawyer can review your initial application, reasons for refusal and assess whether there may be further information that can and should be included in a subsequent application. A lawyer can also assess the merits of a judicial review application, where you can argue that the officer reviewing your application was unreasonable in rendering a decision and ask a judge to send it back for review by a new officer.

If you feel that your application was unreasonably denied despite a robust application, it is worthwhile to consider if and how to improve upon it and resubmit.

For more information on immigration law, please contact Maya Krishnaratne, Immigration Lawyer at Devry Smith Frank LLP, 416-446-5841, Maya.krishnaratne@devrylaw.ca

“This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”

By Justin DominicBlog, ImmigrationOctober 28, 2020November 4, 2020

Immediate Family Members of Canadians – Entering Canada

Since the onset of the pandemic, the rules about who can enter Canada have been confusing and hard to keep up with at times. A particularly hard hit group has been “immediate family members” of Canadians. The temporary travel ban enacted under the Quarantine Act has consistently defined “immediate family members” as the spouse or common-law spouse of a Canadian; a dependent child of a Canadian; the parent or step-parent of a Canadian or their spouse or common-law partner; or the guardian or tutor of a Canadian. However, it has not always been clear who can enter and when, nor have the changes thus far to the rules been sufficient for all family members or loved ones of Canadians.

Initially, the COVID-19 travel ban did not apply to “immediate family members” of Canadians so long as the purpose for their entry was not discretionary or optional. In the first few months of the pandemic, this meant airline personnel and border services officers were assessing whether a person’s stated purpose was discretionary. One person coming to visit their Canadian spouse for a few weeks may have been turned away while another in the exact same circumstances may have been let through depending on which officer they got.

In June 2020, the travel restrictions were revised so that immediate family members of Canadians could enter regardless of their purpose so long as they could show they were coming for a period of at least 15 days to be with their Canadian family members. Inherently, this seemed to accept that anyone coming in for a period for at least fifteen days was not coming in for an “optional” or “discretionary purpose” and took some of the pressure off of travellers who no longer needed to convince an officer their travel was essential. Those seeking to come for less than 15 days have continued to be exempt from the travel ban but remain subject to the “non-discretionary”/”non-optional” rule.

The June changes regarding immediate family members have remained in place up to now. Last week, the federal government announced that further expansion to the exception would be released on October 8, 2020. The proposed changes will allow grandparents, siblings, and adult children of Canadians (not currently exempt) to enter in certain circumstances. Other foreign nationals seeking entry for compassionate reasons such as critical illness or death are also expected to be included in the changes. Stay tuned for further updates.

For more information on immigration law, please contact Maya Krishnaratne, Immigration Lawyer at Devry Smith Frank LLP, 416-446-5841, Maya.krishnaratne@devrylaw.ca

This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”

By Justin DominicBlog, COVID-19, ImmigrationOctober 6, 2020November 4, 2020

Reduced Travel Restrictions for Relatives of Canadians and PRs

Recently, the government announced that “immediate family members” of Canadians and Canadian permanent residents will be exempt from the prohibition on entry to Canada if they are coming to be with their Canadian or PR family member for at least 15 days. This will hopefully serve to reduce the uncertainty many have faced since measures under the Quarantine Act came into force at the end of March, prohibiting entry to Canada for optional and discretionary purposes.

Family members seeking to reunite with Canadian spouses, children and parents have up to now been often subject to an assessment by airlines and Canada Border Services Agency personnel about whether they were entering for an “essential purpose.” While ordinary rules regarding entry to Canada will still apply, this latest announcement should mean that those who can demonstrate they are coming to reunite for a period of at least 15 days may do so without having to demonstrate an “essential purpose.”

By Fauzan SiddiquiBlog, COVID-19, ImmigrationJune 9, 2020September 29, 2020 No comments yet

Express Entry Roadmap

On May 8, 2020, Devry Smith Frank LLP hosted an Express Entry Roadmap webinar to share insights and information on popular routes to Canadian permanent residence. The webinar was presented by Maya Krishnaratne, a partner in our Immigration Law Group. Highlights of the seminar and slides are available here.

Please note that the information contained throughout is current as of the date of publishing this blog. If you would like specific direction relating to your own case, we encourage you to contact us for an assessment and most up to date information. Maya can be reached at 416.446.5841 or maya.krishnaratne@devrylaw.ca.

“Our articles are intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”

By Fauzan SiddiquiBlog, ImmigrationMay 13, 2020September 30, 2020

Canadian Spouse? Travel to Canada During COVID-19

Canadian Spouse? Travel to Canada During COVID-19

By now, you are probably aware that Canada like most other countries has implemented stringent travel restrictions on travellers to Canada in the midst of COVID-19. The restrictions affect everyone including citizens, visitors, workers, and their family members.

The travel restrictions have come down in the form of Orders in Council (OICs), i.e. legal instruments created by the Governor General. While these provide basic rules surrounding restrictions and exemptions, they leave room for a lot of confusion as to how they apply in practice. This has been particularly so for spouses not currently living together in Canada where one spouse is a Canadian citizen or permanent resident and the other a foreign national. This has led to foreign nationals with Canadian spouses in Canada being frequently denied permission to travel to Canada.

According to the OICs, the basic restriction against foreign nationals travelling to Canada doesn’t apply to spouses of Canadian citizens or permanent residents so long as the foreign national has no COVID-19 symptoms and can prove they’re not coming here for a discretionary or optional purpose. Unfortunately, the OICs don’t define optional or discretionary. This has led to many instances of spouses being denied permission to travel to Canada since the prevailing OICs came into effect at the end of March 2020. Airline personnel and officers of the Canada Border Services Agency (CBSA) have been tasked with assessing the travellers’ purpose in a short turnaround time based on whatever information the traveler provides. This has been and continues to be a distressing problem that keeps spouses apart longer than they perhaps intended.

The Canadian government has been trying to provide further clarity by regularly updating its websites and practice directions, though these have at times led to further confusion. In perhaps what is one of the most useful updates so far, Immigration, Refugees and Citizenship Canada (IRCC) provided a substantial but non-exhaustive list of examples on April 29, 2020 of optional versus non-optional.

That list clearly indicates the following are non-optional; coming to live permanently with a Canadian spouse, coming to spend the pandemic period with their spouse and to ensure each other’s wellbeing during this time, and to take care of ill family members who have no means to otherwise to do so. No doubt, spouses who fell into these categories were previously denied permission to travel up to now. Hopefully, this new direction from the IRCC will provide clearer parameters to airline personnel and CBSA officers making these tough assessments and will result in the reunion of spouses suffering the current hardship of being apart.

If you, your spouse or any other family members have been denied permission to travel to or enter Canada, please contact our immigration lawyer Maya Krishnaratne at maya.krishnaratne@devrylaw.ca or 416-446-5841.

By G63tEGnX1EBlog, COVID-19, ImmigrationMay 1, 2020September 30, 2020 No comments yet

Temporary Foreign Workers can enter Canada amidst COVID-19 Travel Restrictions

This blog is co-written by our former articling student, Janet Son.

The Federal Government announced changes to the travel restrictions as they apply to Temporary Foreign Workers (“TFW”) with some major caveats.

TFW’s who are coming to Canada for an “essential purpose” are exempt from travel restrictions if they do not present symptoms. Essential services include:

Necessary medical deliveries of cells, blood, tissues, organs and other similar life-saving human body parts
Trade and transportation sectors that deliver goods and people such as truck drivers, crew on planes, trains and vessels
Workers in the healthcare or critical infrastructure sector that regularly cross the border to work
Those that have to cross the border to provide or receive essential services including emergency responders

However, all other TFW’s on a work visa not considered “essential” will be subject to certain restrictions.

If flying by air, TFW’s will be required to pass a health check by the airlines before they are allowed to board the plane. Anyone with symptoms of COVID-19 will not be allowed to board the flight.

According to Section 58 of the Quarantine Act, Emergency Order PC number 2020-0175, TFW’s that do not fall under the exemptions are required to self-isolate for 14 days upon their arrival to Canada whether or not they have symptoms. If they have symptoms upon arrival, depending on the severity of their condition, they may be placed in quarantine at the port of entry or sent to the hospital. Once recovered they will be assessed by the hospital and deemed safe to continue to their final destination within Canada.

TWF’s can face hefty penalties for failing to report symptoms or to self-isolate for the mandatory 14 days, including fines of up to $750,000.

Employers cannot allow their TFW’s to begin work until the 14-day self-isolation period is complete, even if it is at the request of the worker. This 14-day period must also be paid time.

The Federal Government announced $50 million dollars to assist farmers and fish processers to offset the cost of 14 days of pay during the mandatory self-isolation period. These industries heavily rely on TFW’s for seasonal work. Employers are eligible for $1500 per TFW to help cover the cost.

Furthermore, if a TFW becomes ill while in Canada, they should receive health coverage equivalent to residents of Canada. And for workers in the low-wage and primary agriculture streams including the Seasonal Agricultural Worker Program, their employer is responsible for ensuring health coverage until they are eligible for the provincial plan. The employer must also immediately notify their local public health authority and ensure proper conditions for self-isolation for the TFW.

Finally, TFW’s may be eligible for Employment Insurance or the Canada Emergency Response Benefit as long as they meet the eligibility requirements. TFW’s may also be eligible for paid or unpaid sick leave based on their specific employment contract and applicable employment legislation.

These policies aim to strike the balance between the urgent need of Canada’s agriculture and fishing industry for TFW’s while attempting to ensure the safety of the TFW’s and the general public. If you have more questions about the Temporary Foreign Worker programs related to COVID-19, contact immigration lawyer Maya Krishnaratne at maya.krishnaratne@devrylaw.ca or 416-446-5841 or employment lawyer Marty Rabinovitch at marty.rabinovitch@devrylaw.ca or 416-446-5826.

By Fauzan SiddiquiBlog, COVID-19, ImmigrationApril 28, 2020September 30, 2020

Canadian Immigration Status during COVID-19 pandemic

This blog is co-written by our former articling student, Janet Son.

Information regarding the status of flights, border closures and visas is changing by the hour during this pandemic. When it comes to immigration status, there are a few key things to be done to ensure that you are able to remain in Canada.

IF YOU HAVE TEMPORARY RESIDENT STATUS AS A VISITOR

If you are already in Canada with visitor status that is set to expire (either because you’re nearing the end of a six-month stay or you’re approaching the date stamped in your passport or indicated on a Visitor Record issued to you), you can remain in the country by applying online for an extension of your visitor status. As these applications typically take around 90 days to be processed, this will likely provide visitors with a window within which to wait out the various risks associated with travelling that they would face if they had to leave when their status expires. Applicants with pending applications to extend are considered to be on “implied status” and may legally remain in Canada pending the decision on the application. While the Canadian government recommends applying for an extension at least 30 days before expiry of your current status, an application can be made at anytime, even the day before the expiry. Note that, if you are outside of Canada but hold a valid visitor’s visa or electronic Travel Authorization (eTA), you may not enter Canada at this time unless you fall under this list of exemptions.

If you realize too late that your visitor status expired, you can apply online for restoration of your visitor status as long as you do so within 90 days of the expiry. The application process is very similar to the application to extend. The difference is the applicant is technically without status during the period of time pending a decision on the restoration, and foreign nationals should keep a copy of the letter confirming their restoration application was submitted in case called upon by any authority to explain their status. Online, make sure to select “Restore my status” and include as much detail as possible explaining why you need to extend your stay along with paying the restoration fee.

If it has been more than 90 days since your status expired, you may consider applying for a temporary resident permit. These are highly discretionary permits and an officer must be convinced that, despite your breach of immigration laws, you have made a case for a further temporary stay. For some who are unable to return to their home country due to increased travel restrictions and health risks, you might argue this as grounds for a temporary resident permit. There are many nuances to an application for a temporary resident permit. If considering this option, it is highly recommended you seek the advice of an experienced immigration lawyer.

These considerations apply with modifications to foreign nationals in Canada on a work or study permit. For more information, Devry Smith Frank LLP invites questions by phone call and email.

The Government of Canada has strongly advised people to apply online rather than submitting a paper application at this time due to the high volume of applications.

This blog is a high-level overview of your options if you are in Canada as a visitor or on a study or work permit and is not a replacement for tailored legal advice according to your circumstances. Each category has a long list of exceptions and requirements that must be carefully followed and not fully captured by this blog post. If you require more advice on your temporary immigration status contact immigration lawyer Maya Krishnaratne at maya.krishnaratne@devrylaw.ca or 416-446-5841.

By Fauzan SiddiquiBlog, COVID-19, ImmigrationApril 3, 2020September 30, 2020

CBSA Watchdog with No Teeth?

A report commissioned by Public Safety Canada came to light earlier this year, urging the government to put in place an independent body to review complaints against and make recommendations to the Canada Border Services Agency and the Royal Canadian Mounted Police.

The new “Canada Law Enforcement Review Commission” would have the ability to initiate reviews, dismiss frivolous complaints, share information with other review bodies, and issue non-binding recommendations to the CBSA and RCMP.

While the proposal made by former Privy Council Office chief Mel Cappe would be a welcome source of accountability and transparency in Canada’s immigration system in theory, it is unlikely that such a body would have any ability to reprimand or impose change on either the CBSA or RCMP.

The report was commissioned partly in response to growing public concern for the safety of people entering Canada and being detained administratively for sometimes indefinite periods of time, often improperly. The CBSA has come under recent scrutiny as a result of a series of in-custody deaths.

While Canadian immigration lawyers urge the government to consider implementing the recommendations sooner than later, the extent of the watchdog’s ability to protect will remain to be seen.

“This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”

By Fauzan SiddiquiBlog, ImmigrationMarch 20, 2020June 16, 2020 No comments yet

Pending Immigration Application? Don’t Delay Biometrics Collection

As part of most work/study permits and visitor visa applications, applicants are required to give biometrics. Biometrics consist of the collection of fingerprints and a photo at a Canadian visa application centre (VAC). In most cases, applicants are required to give biometrics outside of Canada prior to issuance of their temporary travel document and/or permit.

Immigration, Refugees and Citizenship Canada (IRCC) will normally send applicants a biometrics collection letter sometime after their application has been submitted. The letter will provide instructions on how to get biometrics and provide a 30-day timeframe within which to complete this step. Failure to do so within the prescribed time can lead to a rejection of the application in question.

It is essential that applicants locate and contact a VAC (in their home country or any other country they may be in temporarily) quickly upon receipt of the letter from IRCC. Most VACs require appointments and can be facing backlogs that could lead to delays for applicants trying to get their biometrics done in a pinch. It is good practice to make an appointment as soon as possible. Remember to take the biometrics collection letter and passport with you! The VAC will need this to locate the applicant in their system and complete biometrics.

By Fauzan SiddiquiBlog, ImmigrationMarch 6, 2020September 30, 2020

Maximizing the Benefit of a Post-graduate Work Permit

Often international students come to Canada with plans to make Canada their home after graduation. For many, this is a very real option. Students graduating from qualifying Designated Learning Institutes (most major universities and colleges will qualify) will be entitled to apply for a post-graduate work permit for up to three years.

The exact length of their work permit will depend on the length of their study program. It’s important to note, however, that post-graduate work permits are a one-time shot. They cannot be renewed. More importantly, is that they start the clock running on a coveted period of time that an international student can start to accumulate Canadian work experience.

For students with little to no foreign work experience, this Canadian work experience will often be the defining factor in whether they will qualify for permanent residence under Canada’s Express Entry system.

All too often, students graduate and either return home or travel outside of Canada for some period of time, take time off while they decide what they want to do next, or take casual part-time jobs instead of positions in their intended fields. This can be a mistake for many who will eventually need to demonstrate that they have accumulated one year of full-time work experience in a skilled vocation in Canada in order to qualify under Express Entry.

Many international students lose the ability to benefit from the golden opportunity of the post-graduate work permit. It is essential that international students think well ahead of graduation about where they can secure fulltime, permanent and meaningful work in a position that will lend itself to points under the Express Entry system.

If you would like more information or legal advice on visiting, working or studying in or moving to Canada, please contact Maya Krishnaratne at 416.446.5841 or maya.krishnaratne@devrylaw.ca.

By Fauzan SiddiquiBlog, ImmigrationFebruary 25, 2020September 30, 2020

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