Stewart Sharma Harsanyi Immigration Law Firm Blog

Punjabi Language Broadcast Discussing the Political Impasse and the Trump Presidency on Immigration Policy and Processing

Stewart Sharma Harsanyi Immigration Lawyers · 2025 01 13 RedFM Interview I was interviewed on January 13, 2025 by Rishi Nagar, the inestimable news director of RedFM Calgary discussing the significant changes that the new year has already brought. The interview started by discussing the impact of the prorogued Parliament on immigration processing and policy. While day to day operations are unaffected by the political stasis no significant legislative change can occur. This is of course a time of great uncertainty and it is very difficult to prognosticate (prognostication being difficult in the best of circumstances). At the time of the interview, Donald Trump was yet to return to the Presidency but it is a certainty that Canada will be impacted on a number of fronts, including immigration processing. I did share on social media my thought that 2025 would be a year of refusals and we will see the ascendancy of integrity over integration and enforcement over facilitation. CBSA will be at the forefront rather than IRCC. Other topics included the Trudeau (Near) Decade has seen asylum claims skyrocket, acceptance rates increase, and now an unprecedented refugee backlog of 260,000. the MIA (missing in action) Home Support Worker Pilot... Read more →

December 27, 2024 Interview on CBC News Network on the Allegations of Widespread Human Smuggling

Natasha Fatah Raj Sharma, who's joining us from Calgary, he is the founder and managing partner of Stewart Sharma Harsanyi, one of Canada's largest dedicated immigration law firms. Raj, thanks so much for making time for us. Raj Sharma KC: Thanks for having me. Natasha Fatah: Raj, I know you follow what's happening in the world of immigration in Canada and many of these geopolitical stories closely. What's your reaction to what we just heard from Ehsan coming out of New Delhi? Raj Sharma KC: Natasha, the initial reaction is that the allegations, if they're true, would be truly staggering. The allegations involve hundreds of these private DLI -designated learning institutions, these colleges that sort of cater to the international student market, shall we say. So the Indian media reports are indicating over 250 of these DLI we're working with two as yet unnamed Indian entities. They're paying between 50 and 60 lakhs per person. Again, according to your reporter, that's a significant amount of money, let's say $60,000. And if it's true, if the allegations are true, it would reveal shocking gaps in our integrity protocols. And we know already that last January, not so long ago, Mr. Miller... Read more →

2024 Immigration Year End Review

Stewart Sharma Harsanyi Immigration Lawyers · 2024 12 22 RedFM year end interview It's been an eventful year in immigration and there's little doubt that 2025 will be another year of disruption and dislocation. In this Punjabi language interview on RedFM Calgary I touched on a number of developments including some of the following: Reduction in Immigration Levels: Canada has announced a significant reduction in immigration targets. For the years 2025-2027, the country aims to welcome only 1.1 million new permanent residents, marking a 21% drop from previous targets. This policy shift is aimed at pausing population growth after a significant drop in public support for this government's largesse on immigration intake particularly temporary residents; Restrictions on Study Permits: Marc Miller moved on his responsibilities after integrity concerns were raised. The Canadian government has set a cap on international student permits, with a further 10% reduction for 2025 relative to 2024's targets. Some provinces were 'over subscribed' and others were not; BC and Ontario will see a significant reduction and other provinces not so much. Open Work Permits for Spouses: Along with a reduction of student numbers changes were introduced to the eligibility for spousal open work permits, particularly for... Read more →

Federal Court Stay of Removal -Understanding the Officer's Discretion, Children's School Year and the "Clean Hands" Doctrine

Madam Justice Sadrehashemi granted a stay of removal in Goitom v. Canada (Citizenship and Immigration), 2024 CanLII 126597 (FC) for a family whose status was vacated after it was discovered they had hidden their status in Sweden while claiming protection against Eritrea. Following the status revocation, their H&C application was refused, leading to removal proceedings. The family requested a deferral of removal, arguing that disrupting the children's education mid-school year would cause significant harm. The removal officer denied the request, refusing to exercise discretion, which the Court found problematic. The Court emphasized two critical issues: Scope of Discretion and Children's Education: The Federal Court clarified that removal officers must consider the short-term best interests of children (obviously if it is raised and supported by evidence), such as completing a school year, even if not required to conduct a full "best interests of the child" assessment (Lewis v Canada, 2017 FCA 130). Here, the officer failed to acknowledge or perhaps did not even realize that educational disruption could justify a deferral. Doctrine of Clean Hands: The government argued the applicants were precluded from relief due to their prior deception regarding Swedish citizenship. The Court reaffirmed (and cited a FCA decision) that... Read more →

Looking Ahead to 2025

Another year is in the books (more or less). 2024 saw reductions in immigration levels, restrictions to both the international student and temporary foreign worker programs, and a dramatic decrease in public support for immigration fueled by housing costs, availability or lack thereof of public services and a strain on infrastructure. What lies ahead? The return of Donald Trump -another Trump administration is going to impact Canada in manifold ways -we've already witnessed some of that these last few days and weeks with his threat to impose tariffs on Canadian goods -but it's what he does with the large undocumented population in the country is what will matter most -even if a fraction were to roll the dice by coming to Canada or crossing our largely undefended border would pose a significant challenge to our immigration system. The departure of hundreds of thousands of students and workers that expected to remain. It's true that their status was 'temporary' but it's also true that there were pathways to navigate that status to permanent and clear signals as to that fact from the then Minister of Immigration himself. Many were sold on these dreams and many will not simply pack their bags... Read more →

"May you live in Interesting Times"

There's a remark attributed to Vladimir Lenin, "There are decades where nothing happens; and there are weeks where decades happen," likely referring to the Bolshevik revolution and other remarkable watershed moments near the end of the Great War; periods where change accelerates at an unprecedented pace. On some level the sentiment is applicable to the Canadian immigration policy landscape of 2024, a year marked by swift and transformative changes. In 2024, Canada's immigration framework underwent significant transformations, reflecting the country's response to economic needs, public sentiment, global challenges and of course political considerations and calculations with the long-in-the-tooth Liberal government confronted by a frustrated and unhappy electorate. What did 2024 bring us? 1. Introduction of Temporary Resident Caps One of the landmark decisions was the government's move to cap temporary residents, including international students and foreign workers, to manage population growth and alleviate pressures on housing and infrastructure. Temporary resident levels weren't really counted or considered in immigration planning in the past. That's now changed. This policy change was part of a broader strategy to ensure "sustainable" immigration numbers, reducing the temporary population to 5% of Canada's total by the end of 2027. That reduction of course is based on... Read more →

Change to the Visitor Visa Process -Program Delivery Instructions Updated for Visitor Visa Issuance November 2024

Introduction In a notable shift, Immigration, Refugees and Citizenship Canada (IRCC) has revised its approach to issuing visitor visas. As of the updates made public on November 6, 2024, the issuance of multiple-entry visitor visas is no longer an automatic process. If an officer was going to approve the default would be multi-entry and until the expiry of the passport/travel document. That's no longer the case and reflects increased tightening in the visa regime and immigration/entry to Canada overall. Ostensibly the change aims to tailor visa issuance more closely to the specific circumstances of applicants. Here’s what you need to know about these changes: The Essence of the Multiple-Entry Visa A multiple-entry visa for Canada traditionally allows travelers to: Enter Canada multiple times during the visa’s validity period. Be valid for up to 10 years or until the expiration of either the travel document or biometric validity, whichever occurs first. However, Visa officers are now directed to use discretion to decide on the type of visa issued: Purpose of Visit: *Short-term or One-Time Events: If the visit is for a conference, short training, or similar one-off events, a single-entry visa might be more appropriate. *Regular Visits: For those visiting frequently,... Read more →

CBSA Raids in Calgary and Increased Focus on Enforcement

Stewart Sharma Harsanyi Immigration Lawyers · 2024 10 07 RedFM Interview On CBSA Raids And Enforcement I was interviewed by RedFM news director Rishi Nagar on the recent reports about CBSA raids against employers and foreign workers engaging in unauthorized work. The interview is a Punjabi language broadcast and is above. The following provides some additional context to this interview: The Recent CBSA Raids on Unauthorized Workers: A Shift in Immigration Enforcement The Canada Border Services Agency (CBSA) appears to have intensified its operations, conducting widespread raids targeting foreign nationals working without proper authorization. This uptick in enforcement activities isn't just about numbers; it's a clear signal of changing priorities within Canada's immigration framework. Why Now? Well, we can look to the current political climate: With immigration often at the forefront of political discourse, these actions might serve as a response to public and political pressure to address unauthorized employment, which some perceive as undermining the integrity of legal immigration processes. - There's little doubt that there's been a change in policy. We're seeing a move towards stricter enforcement, possibly in alignment with Minister Marc Miller's strategy to reduce the number of temporary residents. This could be an attempt to... Read more →

2024 10 25 RedFM Interview On Reduction In Immigration Intake

Stewart Sharma Harsanyi Immigration Lawyers · 2024 10 25 RedFM Interview On Reduction In Immigration Intake I discussed the recent announcement by Immigration Minister Marc Miller regarding the reduction in immigration levels for permanent residents in Canadarecently on RedFM -it's mostly in Punjabi and the audio is above but here's some additional context to the interview: Reduction in Targets: Minister Marc Miller has announced a significant reduction in the number of permanent residents Canada aims to admit in the coming years. This adjustment represents a notable shift from the increasing targets we've seen post-2015 under the Trudeau administration. One could call it cuts or one can simply characterize it as a regression to the mean. These numbers are in line or even more generous than pre-pandemic intake. Context of Change: This decision comes amidst pressures from various quarters, including economic considerations like housing affordability, employment rates, and public sentiment regarding immigration levels. As I stated above I think it's better described as a "regression to the mean," a return to more sustainable levels of immigration. Implications for Prospective Immigrants: Increased Competition: With fewer slots available, the competition for permanent residency might intensify. Potential immigrants should expect a more competitive environment... Read more →