Historic Express Entry Draw In Canada’s latest Express Entry draw today for permanent resident candidates, a historic low cut-off of 75 Comprehensive Ranking Score points led to invitations sent out to an astounding 27,332 candidates. This is a clear step toward the government’s promise to ramp up economic immigration to make up for losses in 2020 due to the COVID-19 pandemic. While there is a lot still to makeup, this is a positive sign in the right direction. It is initiatives such as this that seek to aid in Canada’s economic recovery. This unprecedented cut-off score applied to foreign nationals with demonstrated skilled work experience in Canada of at least one full-time year. Those who previously felt they lacked points in one area or another may be pleasantly surprised to receive an invitation to apply for permanent residence today! For more information contact immigration lawyer Maya Krishnaratne at 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 Fauzan SiddiquiBlog, ImmigrationFebruary 13, 2021February 13, 2021
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 our Immigration Law department at 416-449-1400.“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, ImmigrationOctober 28, 2020April 26, 2024
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.” “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, COVID-19, ImmigrationJune 9, 2020September 29, 2020
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
Canada Not Ready for New Wave of Asylum Seekers Canada is not ready to handle a second wave of asylum seekers who may be fleeing the United States, especially when the Temporary Protected Status (TPS) is going to expire between January and March 2018. In August alone, 5,712 refugee claimants arrived in Canada, which calculates to an 82 per cent jump from July. Quebec saw 5,530 people cross at Roxham Road B.C. saw 102 people Manitoba saw 80 people through In total, 13,211 people have entered illegally into Canada since the beginning of 2017. Roxham Road has been the point of entry for 11,896 of the 13,211. In an effort to limit the next wave of asylum seekers, the federal government has dispatched Montreal Liberal MP Pablo Rodriguez who took a trip to Los Angeles to meet with lawmakers, diplomats, immigration advocates and members of the Latino community to spread a message that Canada was no automatic safe haven for migrants, if they choose to make their way to our border. If you have any questions regarding requirements needed for asylum, citizenship, or general immigration inquires please contact our Toronto Immigration Lawyers, or call us directly at 416-449-1400. By: Nicolas Di Nardo “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, ImmigrationSeptember 20, 2017June 18, 2020
End to DACA in Sight? Trump has recently announced that the controversial DACA program is coming to an end. He has turned the decision over to Congress to determine the proper legislative response to ensure that the future of undocumented persons is constitutional. The program has been suspended for 6 months; those already registered can continue to have their permits renewed, but no new applications will be processed. The program was put into place by the Obama administration. DACA, Deferred Action for Childhood Arrivals, offered foreign-born persons who were brought to the United States as children some degree of residency. Individuals could receive a tenuous status in the United States if they met the following conditions: they immigrated before their 16th birthday, they were enrolled in school or had graduated, and had no felony convictions. If eligible, individuals were able to pay $495 to apply for a two year period of protection from deportation and renewable work permits. Only available to those who came to he United States in their youth, this program reaches those whose immigration was not their own decision. Children who know no other country are given the opportunity to succeed in what is their home. This program has afforded these children the security and potential for upward mobility that has always been denied to their undocumented parents. Under DACA they have been able to go to university, get drivers’ licenses and work freely. This program has made whatever semblance of “American Dream” the hopeful parents had for their children within reach. However even the decision to apply for protection under the program is a big decision, since it means identifying oneself to the government as being undocumented. There are presently around 800,000 individuals registered, but many more are eligible. For some, this risk of registration is too great. Trump’s recent announcement may be the materialization of just this risk. Trump has publicly attacked the constitutionality of the program itself. DACA was introduced by Obama after years of Congress being unable to pass a likewise bill addressing undocumented children and what their rights should be with respect to school and employment. In response to Congress’ inability to pass legislation, Obama introduced DACA as an interim measure to provide security for eligible persons while waiting for reform legislation to be written. The Trump administration has expressed that DACA is unconstitutional because it was passed by the President and not the legislature, which is the government body that is constitutionally mandated to pass laws. This is a division of powers argument. The program is being impugned because it was formed through an executive act, where it is argued that only a legislative act can create programs such as itself. For now, like Obama tried, Trump has turned to Congress and given them six months to enact legislation and thereby legalize the program. Trump’s announcement has generated discussion as to whether Canada will open its immigration doors to the former DACA recipients. The participants are considered valuable from a labour market perspective as they are either educated or employed, and pay taxes. It is interesting to note that Canada presently has no comparable program to provide work permits for children who were brought by their parents illegally. By: Samantha Hamilton, Student-at-Law “This article is intended to inform and entertain. 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, ImmigrationSeptember 14, 2017June 18, 2020
Bill C-6 and a Smoother Path to Canadian Citizenship By: Katelyn Bell, Summer Law Student Bill C-6, an Act to Amend the Citizenship Act and make consequential amendments to another Act, was introduced in Parliament on February 25, 2016. Nearly sixteen months later, on June 19, 2017, the Bill received Royal Assent. In other words, as of June 19, 2017, the Bill is now law. However, not all of the changes introduced by Bill C-6 have taken legal effect. Many changes will not take effect until Fall 2017, while others will come into force in early 2018. The introduction of the Bill brings about many positive changes, and provides benefits to thousands of Canadian immigrants. Of the changes ahead, most notable is that permanent residents of Canada may apply for citizenship sooner than they were previously able. There are many other very positive changes to the Citizenship Act brought forth by Bill C-6, including, but not limited to, the following: Equal treatment under the law: Dual citizens living in Canada who are convicted of treason, spying and terrorism offences can no longer have citizenship revoked, but rather, will face the Canadian justice system, like any other Canadian citizens who break the law. Effective June 19, 2017. More flexibility for Canadian immigrants: Applicants no longer have to declare on the application form an intention to continue living in Canada once they are granted citizenship. Effective June 19, 2017. Minors can apply for citizenship without a Canadian parent: The age requirement for citizenship has been removed. Further, a person who has custody of a minor can now apply for citizenship on behalf of the minor. Effective June 19, 2017. Accommodations for those with disabilities: It is now codified law that reasonable measures must be taken to accommodate the needs of a citizenship applicant who is a disabled person. Effective June 19, 2017. Less stringent time requirements: Applicants will be required to be physically present in Canada for 3 out of 5 years before applying for citizenship. Under the previous Act, the requirement was 4 out of 6 years. Additionally, the requirement that applicants must be physically present in Canada for 183 days in 4 out of 6 years preceding their application will be repealed. Effective Fall 2017. Prior time spent in Canada counts toward citizenship: Applicants will be able to count each day that they were physically present in Canada as a temporary resident, or protected person, before becoming a permanent resident as a “half-day” toward meeting the physical presence requirement for citizenship, up to a maximum credit of 365 days (1 year of the 3 year requirement). Effective Fall 2017. Income tax filing: Applicants must file Canadian income taxes, if required to do so under the Income Tax Act, for 3 out of 5 years (rather than 4 out of 6). This requirement matches the new physical presence requirement. Effective Fall 2017. Relaxed age requirements: Applicants between 18 and 54 years of age (previously those between 14 and 64) must meet the language and knowledge requirements for citizenship. Effective Fall 2017. Seizure of fraudulent documents: Under the Citizenship Act, there will be clear authority for Citizenship Officers to seize fraudulent or suspected fraudulent documents. Effective early 2018. Federal Court authority: The Federal Court, as opposed to the Minister, is the decision-maker in all citizenship revocation cases, unless the individual requests that the Minister make the final decision. Further, individuals will have a right to appeal the decision if their citizenship was revoked because of fraud. Effective early 2018. Without question, the changes introduced by Bill C-6 are positive in nature. In reversing many of the changes to the Citizenship Act introduced by the previous Conservative Government, the Liberals have made their position on immigration crystal clear — “A Canadian is a Canadian is a Canadian.” (- Justin Trudeau in spar with Harper over the right to revoke citizenship (2015)). Not only are the changes under Bill C-6 contrary to the Conservative agenda, but the Liberal government’s approach to immigration in general is in stark contrast to President Trump’s approach in the United States. As Canada becomes more generous, the U.S. continues to crack down on immigration. If you have any questions regarding Bill C-6 changes, or are in need of an immigration lawyer, please contact Devry Smith Frank LLP’s immigration lawyers today, or contact our office directly at 416-449-1400 for more information. “This article is intended to inform and entertain. 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, ImmigrationJuly 18, 2017June 25, 2020