Stewart Sharma Harsanyi Immigration Law Firm Blog

Blog Posting - Temporary Resident Visas for Mexican Nationals

The recent "3 Amigos" summit between the United States, Canada and Mexico spurred hopes among some that Canada and Mexico could conclude an sort of agreement whereby the visa requirement for Mexicans could be relaxed or modified to allow for Mexican business travellers easier access to come to Canada. Unfortunately Canada would not budge on making any modifications to the existing situation, where all Mexicans must apply for temporary resident visas to visit Canada. It appears that concerns over refugee claims have trumped possible benefits which could be accrued by making travel easier and thereby fostering more business between the two countries. Given the expanding middle class in Mexico and the size of the Mexican economy it might be prudent for the government to take some time to revisit this issue in the near future. There are many Mexicans who wish to travel to Canada for business purposes. Such travel should be encouraged to foster increased trade and growth in the Canadian economy. Read more →

Video Blog: Bjorn Harsanyi discusses immigration interviews

Bjorn Harsanyi, Calgary immigration lawyer and partner at Stewart Sharma Harsanyi, discusses the 'unexpected interview' with Citizenship and Immigration Canada or Canada Border Services Agency. If you receive a letter, don't panic. However, talking may not be the best option. In certain circumstances, there is no obligation upon you to participate further. Before talking to immigration or enforcement officers it is advisable to speak with an experienced immigration lawyer. Read more →

Canada targeting Irish and Americans for immigration

Al Jazeera English published this on June 10, 2013. While Canada is busy approaching Irish and Americans to immigrate to Canada, it closed the door to those who were waiting years after submitting their applications for permanent residence. Read more →

Blog Posting - Processing of Inland Spousal Sponsorships

Applicants should be aware that as of January 17, 2014, inland spousal sponsorship applications are to be filed and processed by the Case Processing Centre in Mississauga (CPC-M). CPC-M will also process concurrent work permit applications for spousal applicants filed with the sponsorships and issued upon first stage approval being granted for the sponsorship. The relevant operational bulletin is linked below: http://www.cic.gc.ca/english/resources/manuals/bulletins/2014/ob565.asp As such, Applicants under this category must be aware that certain guides and information on the Internet (even from CIC sources), which refer to the Case Processing Centre in Vegreville (CPC-V), as being the processing centre for applications of this type are outdated. If an application is sent to CPC-V it will be returned and valuable processing time could be lost. Read more →

Discussing Reforms to Canadian Citizenship Laws

"Immigration Crackdown" Original Air date: Tuesday February 11, 2014. Calgary Immigration Lawyer Raj Sharma, partner at Stewart Sharma Harsanyi, Calgary's largest dedicated immigration law firm, discusses the proposed reforms to Canadian citizenship laws on Alberta Primetime. Joining the discussion is Erick Ambtman from the Edmonton Mennonite Centre for Newcomers. The citizenship reforms include clarity and increase to the residency requirement; the unilateral power to the Minister, Chris Alexander, to revoke citizenship in cases of fraud (and the power to grant citizenship); and increased consequences to immigration fraud. This legislation strengthens the Minister's hand. One of the highlights, including stripping citizenship from dual national terrorists, is simply sound and fury signifying mere pandering to this government's base. We need more than hope and prayer, we need institutional safeguards against the untrammeled discretion of any one individual. Read more →

Charges Laid in Alberta Marriage Fraud Case

An Edmonton man has been charged with committing marriage fraud and faces a potential sentence of 5 years in jail or a $100,000 fine. It is alleged that Gilbert Leland Platts entered into an arrangement (a 'marriage of convenience') to assist a foreign national in getting status in this country. I discussed this case on Alberta Primetime: I have written and discussed the problem of marriage fraud in this country. We've assisted both the alleged perpetrator and the victim of marriage fraud. In many cases, marriage is the fastest (and perhaps only way) for some foreign nationals to get status in Canada. Citizenship and Immigration Canada, mainly under the direction of former Minister Jason Kenney, has made strides in addressing this matter. However, I would characterize enforcement as too little and too late. Under the aim of strengthening Canada’s immigration system and preventing the victimization of innocent Canadians[1], the Canadian government, Citizenship and Immigration Canada (“CIC”), and former Citizenship and Immigration Minister Jason Kenney, have recently crusaded for a massive crackdown on cases of what has been termed marriage fraud. As described on the CIC website under the headline “Marriage Fraud”: “It is a crime for a foreign national to... Read more →

Video Blog: Raj Sharma Discusses the Residency Obligation

The permanent residency obligation, with few exceptions, requires permanent residents to be in Canada for 2 years out of 5; or 730 days in a 5 year period. It is important to understand the obligation as well as your rights in the event that an immigration officer finds that you are in breach. Permanent residents have a right of appeal against a negative residency obligation to the Immigration Appeal Division of the Immigration and Refugee Board which has ability to consider all the circumstances. Read more →

Immigration: Removals (Punjabi)

Published on December 5, 2013 and produced by the Federation of Asian Canadian Lawyers and funded by the Law Foundation of Ontario. Read more →

Blog Posting - Provincial Investor Programs and the End of the Investor Class

The onmnibus budget legislation introduced earlier this month has indicated that the Federal Investor Class Program will now be closed. This is an overdue development. The Investor Class was utilized primarily by wealthy individuals to become Canadian residents and citizens of convenience. Research indicated that investor class immigrants were unlikely to contribute to the Canadian economic and social fabric and failed to reside in Canada permanently or pay significant taxes. Individuals who have been waiting for many years for their applications to be finalized under this class will likely have their applications rejected on the basis that the class is now closed. Nevertheless, provincial investor programs will remain open and could be an alternative for wealthy individuals who wish to invest in a business or enterprise to come to Canada. After a province approves a provincial nomination under an investor class then the applicants will likely become eligible for work permits while their subsequent permanent residence applications are in process. Different financial, experience and language criteria apply for different provinces. Please contact our office if you are interested in more information on the different programs still available. Read more →

Video Blog: Raj Sharma Discusses Medical Inadmissibility

The most common iteration of this type of inadmissibility is called excessive demand. Basically if you have a health condition that could reasonably be expected to result in the utilization of our health care or social support system to the amount of approximately $5100 or more, you can be found medically inadmissible to Canada. If you are an applicant under an economic class, you do not have an appeal to the Immigration Appeal Division (which a sponsored person does). In either event, the immigration officer will provide you with an opportunity to respond. It is important that you consult with experienced immigration counsel as this is a technical and complicated area of immigration law. Read more →

Discussing Citizenship Changes with CBC At Noon

I was happy to discuss changes to citizenship laws with Donna McElligott on CBC Alberta@noon. There were some great calls, including one caller who asked whether citizenship was a right or a privilege. The discussion starts at approximately the 16:30 mark. CBCca alberta@noon Read more →

Immigration FAQs

How do I immigrate to Canada? Immigration to Canada is increasingly skills or employer driven. Don't be taken in by advertisements or internet sites that promise immigration, visas or jobs (in exchange, invariably for thousands of dollars, euros, or Rupees, in advance of course). Educate yourself and watch out, there's a lot of unscrupulous individuals out there ready to separate you from your hard earned money (see video here). The Canadian government web site has the relevant information (see video here). You can determine your eligibility and see what the current prospects are to immigrate here. Canada has federal programs as well as provincial programs that lead to permanent residency. The Federal Skilled Worker Program is among the most popular. It requires that you have at least one year of continuous full time work experience in one of the eligible occupations (changes based on employment needs) or have arranged employment. In addition, you will be required to pass a language proficiency exam and ensure that your credentials are recognized. If you do have the relevant work experience and need assistance on the immigration forms, give us a call or email, we'd be happy to assist. Finally, the immigration system in... Read more →

Immigration: Refugee Claim Process

Published: November 25, 2013 and produced by the Federation of Asian Canadian Lawyers and funded by the Law Foundation of Ontario. Read more →

Refugee Health

Ram Sankaran, an associate at our office was interviewed by Doug Dirks on CBC The Homestretch back in June 2013. The interview took place on the same day that doctors and concerned citizens gathered throughout the country to protest the cuts to refugee health coverage. Refugee health - The Homestretch - CBC Player Read more →

Podcast: Raj Sharma Discusses Changes to Citizenship Rules

Calgary Immigration Lawyer Raj Sharma discusses changes to the Citizenship Act with Doug Dirks on CBC's The Homestretch. Original air date: February 6, 2014. Changes to citizenship rules - The Homestretch - CBC Player Read more →

First impression on the Changes to Canadian Citizenship Law

Many of the changes to Canadian Citizenship are good. There was a divergence in the case law; 'residency' in Canada did not necessary mean physical residency (or 2 feet on the ground residency). Individuals were applying for and in some cases getting citizenship when they weren't actually living in Canada. This will bring clarity to the requirements to apply. Two feet on the ground, 4 years out of 6, not continuous but minimum 6 months per year. Some of these changes are unnecessary. As per one of my discussions on Alberta prime time, the additional language testing requirement is superfluous. http://www.albertaprimetime.com/Stories.aspx?pd=3031 I question the requirement for language testing for a 14 year old who is statutorily obligated to attend school in one of Canada's two official languages. Some of these changes are not controversial. No one will argue against expediting citizenship for soldiers or against fixing the loophole that affected the 'lost canadians'. Some of these changes are interesting. The Minister now has the power to grant discretionary citizenship (and revoke for those that obtain citizenship by fraud). Some of these changes are problematic. It allows for the revocation of citizenship from dual nationals convicted of terrorism, high treason and... Read more →

10 changes to Canada's citizenship laws (Globe and Mail article here): 1. physical residency increased to 4/6 years 2. language and knowledge testing of applicants from 14 years of age to 64 3. fast track to soldiers 4. power to revoke for dual national terrorists 5. higher fines/penalties for citizenship fraud 6. more power to the minister, including power to grant citizenship on a discretionary basis 7. process streamlined, citizenship judges now just ceremonial 8. documentation requirements now include proof of filing taxes in Canada 9. new requirement for immigration consultants 10. loophole fixed for 'lost canadians' Read more →

Blog Posting - Service Canada and the Issuance of Labour Market Opinions

As previously discussed on the blog, in July 2013 major changes were announced and subsequently implemented with respect to the issuance of Labour Market Opinions (LMOs) for foreign workers on behalf of employers by Service Canada. Subsequent statements by our old friend and the new Minister responsible, Minister Kenney, strongly indicate that the more permissive atmosphere for the issuance of LMOs is now over. This came on the heels of several "scandals" involving issuance of LMOs for companies that were outsourcing skilled work and bulk LMOs being issued even where there was no demonstrable need. The current regime, at least in Alberta, is being administered in a haphazard and nonsensical manner. Service Canada is calling employers and demanding that they advertise in three sources for four weeks and then afterwards until the LMO is ready to be determined. As processing times are now 4-8 weeks in Alberta, this has resulted in Service Canada forcing employers to have advertised in three sources for 7 to 11 weeks when all published timeframes indicate 4 weeks of advertising prior to the filing of the LMO in three sources suffices. Needless to say this has left employers perplexed and infuriated as Service Canada is... Read more →