Stewart Sharma Harsanyi Immigration Law Firm Blog

Borderlines Podcast -Discussing the Spousal Sponsorship Process from Interview to Rejection to Appeals before the IAD

I joined my friends Steven Meurrens and Deanna Okun-Nachoff late August to discuss the spousal/common-law partner sponsorship process and some of the challenges including the interview and dealing with refusals based on genuineness/intent. A lot is at stake in such applications/appeals and it is important for those attempting to navigate it to understand the pitfalls and hurdles that are at play. I hope that the discussion is of assistance to other counsel, those that are intending to go down this road and those that are on it. Steve Meurrens: We are joined again by Raj Sharma, who's been on the podcast several times, both to discuss marriage fraud, which is going to be a topic that we pick up again today. It was actually, I think episode three, many, many years ago that Raj was on. Raj Sharma: We are so young, Steve. Steve: We were so young. We had Peter still not as a judge. Deanna Okun-Nachoff: What about me, was I not young then? Steve: We recorded in our office. Raj Sharma: You're always young. Deanna. Steve: And then we add a series of episodes about the same person whose agency was refused, it went to fed court,... Read more →

Misguided Credibility Concerns and the Impact on Refugee Decision Making

Today's hearing, where my client and I navigated the intense and often microscopic questioning from a member, was a reminder of the challenges refugee claimants face, even in cases that appear prima facie strong. My client, an LGBTQ+ individual fearing return to a repressive country, was subjected to a level of scrutiny that may have felt overwhelming for her; I was not overwhelmed but certainly put off given the development in the jurisprudence and the Board's own policies in this regard. The hearing started off with a deep dive in terms of a delay in making the claim. Decision makers continue to make assumptions about how people "should" respond to fear and danger. Hilary Evans Cameron, a former classmate of mine at Osgoode Hall, has deeply examined this issue in her research. She points out that adjudicators often assume that those who fear for their lives will behave in predictable ways—fleeing immediately, seeking protection in the first safe country they reach, and never returning to their homeland. But as Cameron's work makes clear, these assumptions are not based on evidence; rather, they ignore decades of research across disciplines like psychology, sociology, and anthropology, which show that human responses to danger... Read more →

The Writing is On the Wall

Another day another announcement pertaining to restrictions to immigration and in particular to temporary residents. The writing has been on the wall for some time now: more changes are coming to Canadian immigration policy, particularly affecting temporary residents and admissions. Earlier this month, Minister Randy Boissonnault met with top business associations to emphasize that the Temporary Foreign Worker (TFW) program should not replace hiring Canadians. The government is saying that despite them throwing the doors wide open on TFW numbers they are now serious on cracking down on misuse and fraud within the system with the following actions: Enforcing the 20% cap policy for TFWs, including stricter guidelines for those applying for permanent residency. Implementing rigorous oversight in high-risk areas for Labour Market Impact Assessments (LMIAs) and inspections. Considering LMIA fee increases for better integrity and processing activities. Exploring future regulatory changes, like minimum business operation years or lay-off history, for employer eligibility. Minister Boissonnault is also considering refusing to process under the low wage stream, potentially restricting TFW Program use in certain areas and industries. A new foreign labour stream for Agriculture and Fish & Seafood Processing is also in the works, as per Budget 2022. These steps follow... Read more →

Canadian immigration lawyer Raj Sharma KC interviewed in a Punjabi language broadcast for RedFM by News Director Rishi Nagar discussion immigration news and developments -August 8, 2024.

Canadian immigration lawyer Raj Sharma KC interviewed in a Punjabi language broadcast for RedFM by News Director Rishi Nagar discussion immigration news and developments -August 8, 2024. 2024 08 08 RedFM Interview Stewart Sharma Harsanyi Immigration Lawyers · 2024 08 08 RedFM Interview Summary of August. 08, 2024 REDFM Interview: Drastic Changes in Immigration: Significant changes in immigration policies and procedures, especially since COVID-19. Work Permits and TRV during Covid-19: Transitioning from temporary resident visas (TRV) to work permits (WP) had seen increased flexibility. Work Permit Approvals: Approvals of work permits have doubled since 2019, with a 90% increase by 2023. Upcoming Regulations: Randy Boissonnault’s new regulations are to be announced and to impose more restrictions, particularly on low-wage and low-skill jobs. LMIA for Work Permits and PR: Labor Market Impact Assessments (LMIAs) are required for work permits and eventually for permanent residency (PR). Exploitation Risks: The high demand for work permits has led to exploitation of workers. Restricted Categories: Future restrictions may target temporary residents, students, and TRVs. Low wage and low skilled occupations are at greater risk. No specifics, but broadly the Canadian population is 7 percent TRV holders, this is going to be brought down to 5... Read more →

Punjabi Language Broadcast: July 15, 2024 discussing the AINP and changes and challenges in Canadian Immigration Policy

I joined Rishi Nagar, News Director of RedFM Calgary on July 15, 2024 to discuss ongoing immigration developments including: The suspension of the AINP in February and difficulties in accessing the program; The impact of the US election on Canadian immigration policy; Discussion of regularizing undocumented and discussion of international recruitment of skilled individuals vs. ongoing restrictions on temporary residents and challenges in navigating temporary status to permanent; and Visitors from India and Nigeria being singled out upon arrival. Read more →