Stewart Sharma Harsanyi Immigration Law Firm Blog

An Expanded Canadian Experience Class

Earlier this week I was a panellist on Alberta Prime Time discussing the expanded Canadian Experience Class. The increased processing - expected to be 10,000 applicants for 2013, is a "no-brainer". Canadian Experience Class applicants are already in Canada, already have education and (skilled) work experience in this country, and are proficient in English or French. The only issue in my mind is why the CEC only comprises a fraction of the 250,000-260,000 permanent residents we welcome to Canada every year. Read more →

What is a Conjugal Relationship under the Immigration and Refugee Protection Act?

The Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR) do not define the term "conjugal relationship", it is defined and interpreted in the case law as referring to a "marriage-like relationship". In M. v H., the Supreme Court of Canada adopts the seven characteristics of a conjugal relationship as set out in Molodowich. Shelter -- Whether the partners live together in the same home as a couple; Sexual and personal behaviour -- Whether the partners' relationship is exclusive, committed and evidenced by emotional, intellectual and physical interaction; Services -- Whether household and other family-type responsibilities are shared and whether there is evidence of mutual assistance especially in time of need; Social activities -- Whether the partners share time together or participate in leisure activity together -- Whether they have relationships or interaction with each other's respective family; Economic support -- Whether the partners are financially interdependent or dependent -- Whether the partners have joined, to some extent, their financial affairs (for example, as in joint-ownership of assets or arranged them to reflect their ongoing relationship) (for example, naming the other partner beneficiary in an insurance policy or will); Children -- The partners' attitude and... Read more →

More deportations are coming...

Federal agencies seek extra $27M to fight bogus refugees, deport criminals By Tobi Cohen, Postmedia News November 9, 2012 2:09 AM The government wants to allocate more money to crack down on so-called bogus refugees and others who may be inadmissible to Canada on security grounds, according to supplementary spending estimates tabled in the House of Commons Thursday. The Canada Border Services Agency and Justice Canada have asked for an additional $4.5 million to "support further investigations of refugee claims and legal proceedings" aimed at revoking the status of or removing individuals who've either already returned to their country of origin, are no longer deemed in need of asylum or have fraudulently obtained refugee status. The funding is meant to "deter abuse of Canada's refugee protection system." A number of other government departments are seeking a total of nearly $23 million to deal with permanent residents and foreign nationals who may be inadmissible on security grounds. The funds will be used to protect classified information used in immigration proceedings and to ensure adequate security measures are in place to manage potentially dangerous foreigners while they're in Canada or in the process of being deported. The funds are also meant to... Read more →

New Refugee Claims Process

A clear, simplified overview of the new refugee claims process from the Canadian Council for Refugees: Canadian Council for Refugees Overview of C-31 refugee determination process 5 November 2012 Coming into force: date unknown, expected 15 December 2012. Description below is based on information currently available (final versions of regulations and IRB rules are still to come). 1. Making the claim Slightly different processes depending on whether claim made at a Port of Entry (POE) or inland: A. Port of Entry (on arrival at airport, land border or seaport) CBSA officer will determine whether claim is eligible. As part of the process, the person will complete: refugee intake form IMM008 Schedule A If the claim is found eligible, the person will be given: - a refugee claimant ID paper, which includes the Interim Federal Health Program - a date for a refugee hearing at the Immigration and Refugee Board - a Basis of Claim (BoC) form to be completed in 15 days - a conditional removal order B. Inland claims The person seeking protection goes to a CIC office and is given: a date to return for an eligibility interview the refugee intake form, IMM008 and Schedule A a Basis... Read more →