Stewart Sharma Harsanyi Immigration Law Firm Blog

The Quebec Immigrant Investor Program A Complete Scam?

Laws! We know what they are, and what they are worth! Spiderwebs for the rich and powerful, steel chains for the weak and poor, fishing nets in the hands of the government. -Pierre-Joseph Proudhon, 1851 The Federal Government euthanised their Investor Program a couple of years ago. To the responsible bean counter's surprise, they found that multi-millionaires that came under the program (avoiding the more rigorous requirements of the FSW like language proficiency and high educational achievement) remitted less taxes than those close to the new minimum wage and created little, if any economic benefit for Canadians. Quebec's Investor program however, is still going strong. For over 25 years, close to 60,000 individuals (mostly from China) have used the program and even la belle province knows that only 6,000 or so have stayed in Quebec. No downside, and all up-side for these wealthy individuals; no downside and only up-side for Quebec as it utilizes the 800,000 per investor deposited interest free; and only downside and no up-side for the RoC and particularly B.C. and Ontario, the provinces of (actual choice). Their wealth remains outside Canada, and not subject to Canadian taxation. There is no doubt and no gainsaying the fact... Read more →

Download GCMS Global Case Management Software Training Materials.

GCMS, Global Case Management Software Training Materials. Obtained via ATI request (2018). Download A201737971_2018-02-06_10-52-21 Read more →

Misrepresentation: You got to know when to hold 'em, know when to fold 'em, Know when to walk away and know when to run.

You got to know when to hold 'em, know when to fold 'em, Know when to walk away and know when to run. - Don Schlitz, The Gambler A certain (but incalculable) percentage of immigrants have committed misrepresentation to come to Canada. Misrepresentation, as with many aspects of life, is a spectrum, but broadly defined by immigration law. Whether its "white" lies, omission, or bald-faced deception, I've seen the various manifestations of misrepresentation on a daily basis. When a Permanent Resident is found out (or if the Officer is simply over-reaching), there is recourse; if in Canada, an Officer must decide whether or not to write a section 44 report (thus initiating the enforcement/removal process) and another Officer decides whether to refer the matter forward. If referred, the Immigration Division determines if the Minister has made out his case (that the report is "well-founded"). Certain allegations of misrepresentation are harder to establish than others (marriage fraud, for example, as it requires evidence as to state of mind or subjective intent at the time of landing in Canada). If the ID finds the PR has committed a misrepresentation, an exclusion order results. A Permanent Resident can appeal that exclusion order to... Read more →

The (In Canada) Spousal or Common Law Interview

Sponsors and Applicants (the person being sponsored) under the FC1 or spouse or common law partner in Canada Class are sometimes called in for an interview. The call-in letter usually has a list of documents that the couple are to bring to the interview. I attended one such interview this morning; we had prepared a package of documents as to the couple's cohabitation, letters of support from individuals familiar with their relationship, and other corroborative documents. Officer "JPS" conducted the interview and as always, was professional and courteous. He started by explaining the process. These interviews can sometimes take several hours. Husband and wife (in this case) will be interviewed separately. Remember: there are two types of officers. The first type are facilitative in their approach; they will give applicants the benefit of the doubt and either understand or be cognizant of cultural considerations. The other type are enforcement minded officers. They are suspicious and cynical. They look for any opportunity (real or imagined) to impugn the applicant(s) and see their role (at best) to separate the good liars from the bad. My clients were lucky today. Interview questions will vary depending on the nature of the relationship. In this... Read more →