Stewart Sharma Harsanyi Immigration Law Firm Blog

Losing Status after Winning Your Refugee Claim

Winning a refugee claim does not guarantee permanent status in Canada. There are ways to lose protected person status, even after obtaining Permanent Resident status or citizenship. The Canada Border Services Agency (CBSA) can initiate either a vacate or cessate proceeding. A vacate looks at whether there was a material misrepresentation at the time of the refugee claim, while a cessate focuses on actions taken after the grant of protection, such as returning to the home country. Both proceedings can have serious consequences and require the expertise of experienced lawyers. Just because you win your refugee claim doesn't mean you are home free. There are ways to lose your protected person status -either before your PR status or even after (and even citizenship can be revoked). I'm off to Edmonton today-vacate hearing tomorrow. The CBSA can initiate either a vacate or cessate proceeding. A vacate in essence is retrospective- it looks to whether there was a material misrepresentation at the time of the refugee claim; whether there remained grounds to justify or support the grant of refugee protection -or if not and if the application is allowed the grant of status is nullified and set aside. Basically but for the... Read more →

Video: Immigration Marriage Fraud

Video: Conjugal partnerships and immigration sponsorship

Video: Immigration Marriage Fraud

Interview on AM770 Danielle Smith on Immigration and Election 2019 September 20, 2019

Danielle Smith: We have been doing a series about immigration over the course of the last day, looking at where the parties stand on immigration. And I wanted to talk to Raj Sharma to see if he's seen anything out there that gives him some confidence that any of the political parties have the right answer for solving some of the problems he's spoken so eloquently about with us in the past. Danielle Smith: Raj Sharma, of course, is partner and immigration lawyer at Stewart Sharma Harsanyi, joins me now to talk about it. Raj, thanks so much for being with me today. Raj Sharma: My pleasure. Danielle Smith: When I talked with you in the past, you've been so excellent at just giving us a play by play of how the backlogs are growing and some of the consequences of that. You've talked about what some of the solutions are, and it seems like there are a lot of people putting a lot of minds to figuring this out. Is there any progress being made from your perspective? Raj Sharma: Well it's an interesting time that we're in right now. I honestly expected immigration, irregular migration to play a... Read more →

Interview on AM630CHED Discussing Trudeau Blackface and Immigration Process and Screening

J'lyn Nye: Mr Sharma, welcome to the show. Raj Sharma: It's a pleasure. J'lyn Nye: I'll start by asking you about this... We've been talking about it today over the last... Well, since the news broke yesterday afternoon. Want to start by asking you about liberal leader Justin Trudeau. I know on your, on your website, it's right there. "Every lawyer at this office, has a son or daughter of immigrants, the majority of our support staff choose to immigrate to this country." Given you know who you work with, your clients, your personal background, what is going through your mind when you've seen those pictures of Justin Trudeau in brown face and in black face? Raj Sharma: Well I was born in Canada. I was born in Hamilton, Ontario. I grew up in a small coal mining town and I myself have experienced incidents of racism. I remember older kids spitting on me in grade four. These things sort of stay with you. So I suppose the first reaction really was a truly deep feeling of profound disappointment. J'lyn Nye: What kind of impact do you think that this could have on immigrants wanting to come to Canada and... Read more →

The Agri-Food Immigration Class pilot is starting in early 2020.

The Agri-Food Immigration Class pilot is starting in early 2020. Focus on attracting butchers, food processing labourers, harvesters for mushrooms ad greenhouse crops, farm workers for mushrooms, greenhouse crops, livestock raising, and livestock workers. Max number of applications to be processed under this class is 2,750. Eligibility: During the 3 years preceding their PR application, need 12 months full-time, non-seasonal Canadian work experience in TFWP, in an occupation in processing meat products, raising livestock, growing mushrooms or greenhouse crops Lvl 4 in English/French High school education or greater Indeterminate, full-time job offer for work in Canada (must be outside of Quebec) 2-year LMIA for meat processor employers who support foreign workers to get PR. Must outline plans of support in obtaining PR. Read more →

Options for Exploited and/or Abused Temporary Foreign Workers

The author is a 15-year veteran immigration lawyer and has encountered many exploited and abused temporary foreign workers. These workers are often exploited or abused by their own community and face a difficult choice of reporting the abuse or exploitation and risking removal or deportation, or continuing in their untenable situation for the hope of working or staying permanently. The author discusses the options available for these workers, such as a humanitarian and compassionate application, a Temporary Resident Permit, or an open work permit. The author is glad that there are more options for these workers and looks forward to seeing immigration officers implement these protections. In my 15 years practising immigration law, I have encountered many exploited and abused temporary foreign workers (usually low-skill/low-wage). They are often exploited or abused by members of their own community -sometimes even by their own family. This abuse/exploitation takes on many forms. For years, foreign workers were caught in a dilemma. Report the exploitation/abuse and risk removal/deportation from Canada or continue in an untenable situation for hope of working (even at their pitiable wages) or staying permanently. Options for Exploited/Abused Temporary Foreign Workers Some sought relief via a humanitarian and compassionate application (the... Read more →