Stewart Sharma Harsanyi Immigration Law Firm Blog

If you're thinking of going down to the border for a flagpole think again

Many individuals on their initiative, or based on advice, head down to the Border to renew their temporary resident status in Canada. This is, many times, a bad idea (unless you're an American, preferably a NAFTA professional). Consider what happened in Nicole Marie Dolan (Download Dolan v PSEP). To put it politely, Justice McVeigh called the Border Officer "overly enthusiastic" in her zeal to find any infraction, real or imagined. Had the decision stood, a couple would have been separated for no more reason than the fiat of an officer. Luckily, and while the application was ultimately dismissed, it achieved the result that we needed, which Justice McVeigh directing that the Applicant not be prejudiced for not attending for a further interview as directed; that a new dated should be provided with the understanding that she could provide additional information and documents addressing the concerns raised by the first BSO; and (this is telling) that Justice McVeigh "suggest" that a different officer conduct that interview. Remember, the Border happens to some kind of singularity where ordinary laws do not seem to apply. There is no right for counsel to attend. They can go through your phone or laptop or other... Read more →

It's Hard Being an International Student - The Post Graduate Work Permit

It's hard being an international student. For one, you are in a strange and new environment. Another is that it's pretty expensive studying in Canada. And finally, getting permanent resident status after spending of tens of thousands of dollars on tuition and living expenses and years of living in Canada is not as easy as it used to be (thanks to Chris Alexander and the Express Entry). The first step in qualifying for eventual permanent residence is Getting a Post Graduate Work Permit (PGWP) and unfortunately this is not as easy as it should be. First of all, there's a lot of misinformation that international students and graduates are dealing with. There's this news article regarding the fact that 50 international students are being denied the PGWP because of the course content (involving distance learning). I'm just back from the Federal Court on a judicial review challenging the refusal to grant a PGWP to my client. In short, he completed a 2 year program out east, but failed one course in his last semester. The college was offering the program again the next year, but he thought he would just pick up the program by way of distance learning (he... Read more →

Appearing on RedFM with Rishi Nagar

It has been my pleasure (and honour) to discuss immigration matters with RedFM news director, Mr. Rishi Nagar these past few years. Mr. Nagar is exceptionally well informed and ensures that his listeners are alerted to the most up to date information in immigration. His Punjabi and Hindi are excellent, to the point that I tune in almost every morning to improve my own (admittedly, limited) language skills in my second and third language. Read more →

Removing a Child From Canada

Officers, in assessing a humanitarian and compassionate application by a family seeking to remain in Canada, must consider the best interests of a child that is affected by removal (a "BIOC" assessment). Justice Manson's decision in Felix v. MCI 2014 FC 582 is of assistance. Justice Manson writes that the Williams framework is not a strict analytical formula. In that case, Justice Manson stated "There is no way to justify the conclusion that it would be in a six or seven year old child's best interest to move him from Canada's health and education system and the stability of his mother's current employment situation into a developing country where his mother's income would be precarious at best, and the health and education systems are documented as weak." A "BIOC" should not be conflated with hardship (which is another factor typically assessed in H&C applications). There is no hardship threshold in a BIOC: "such that if the circumstances of the child reach a certain point on that hardship scale only then will a child's best interests be so significantly "negatively impacted" as to warrant positive consideration. The question is not: "is the child suffering enough that his "best interests" are not... Read more →

Blog Posting - Immigration: The Mouse in the Room Come Election Time

Other than in engaging in necessary and justifiable criticism of Conservative government policies relating to immigration, neither the NDP or Liberals have staked out any policy on how they would handle this file if they came to power. From a political perspective this is unsurprising. Immigration brings up complicated feelings in the electorate as some feel immigrants take jobs, lower wages and transmit objectionable cultural values. It appears the Liberals and NDP are reticent to issue policy statements or documents out of fear that they may lose votes in the process. Nevertheless, it can be easily argued that immigration may be one of the defining issues in ensuring a stable, diverse and economically successful country. Demographic issues in the vast expanse of Canada will be a major issue for the country and could be a significant factor in our global success. There may be ways for the Liberals and NDP to both show leadership on this issue, for the sake of the country's future, while gaining support from sections of the electorate. We offer a few possibilities below: -Remove the 5000 per year quota from the parental sponsorship stream of the family class. This would allow Canadians and permanent residents,... Read more →

Maintaining Permanent Residency While Working Abroad

Most Canadian Permanent Residents need to be in Canada (two feet on the ground) for 2 years out of each 5 year period. There are some exceptions, including if you are working for a qualifying Canadian business outside of Canada. The Immigration and Refugee Protection Regulations provide additional clarification regarding such a business. The case law gives us additional details. If you are working abroad, it may be advantageous for you to have a consultation with an experienced Canadian immigration lawyer to determine if your employment contract will pass muster with the CBSA. If you are working abroad and CBSA or CIC takes issue with your employment abroad it is important to contact and consult counsel so that you present your best possible case to the government, and if all else fails to the Immigration Appeal Division which is the ultimate arbiter for the residency obligation. Read more →