Stewart Sharma Harsanyi Immigration Law Firm Blog

The Importance of Travel History for a Visitor Visa Application

Work Permits for the Spouses of International Students in Canada

If you are an international student in Canada, your spouse may be eligible to apply for an open work permit. A work permit may be issued to a foreign national under s.205(c)(ii) of the Regulations (this talks about such an allowance for reasons of public policy). This section is then expanded upon by way of a public policy Program Delivery Initiative. The PDI indicates that a foreign national may be eligible for a work permit if they establish that they are the spouse or common-law partner of a full time student at a public post-secondary institution, or even a private institution (if it has been authorized by provincial statute to confer degrees). The PDI does not however stipulate the types of documents that should be presented to establish the applicant meets eligibility requirements. In my experience, this largely depends on the visa office in question. Some visa offices/officers are easier to satisfy than others. If the applicant is from a more –shall we say –rigorous region, then these applications sometimes approach mini-spousal sponsorship applications. Documents should include proof of relationship (not just a marriage certificate) -photographs, proof of relationship, past cohabitation, etc. It is, of course, important to show that... Read more →

November 19 2019 Interview on RedFM -Use, Abuse and Misuse of the International Student Program

2019 11 19 redfm gmc interview on intl students Read more →

Sponsoring a Conjugal Partner to Canada

Individuals have options in terms of sponsoring their spouse, common-law or conjugal partner to Canada. In terms of an inside Canada application, they are restricted to spousal or common-law partner. For an application made outside Canada, they can also sponsor a conjugal partner (a marriage-like relationship). The family class was expanded to specifically include common-law and conjugal partners of the opposite and same sex in 2002-2003 (see edited Hansard, Number 009 (37th Parliament, 3rd Session).[1] The discussions before the Standing Committee on Citizenship and Immigration (April 3, 2001) are also illustrative of the intent of the legislators [2] Here’s an excerpt: However, in recognition of the uniqueness of the immigration situation, we are going to make a somewhat different definition. This is because we know that in the immigration context, people often cannot cohabit, cannot live together, because they are separated because they are nationals of different countries. So with a Canadian, for example, who wishes to be reunited with his or her partner, the whole reason they're going through an immigration process is because their partner is living in another country. In recognition of the fact that it is often difficult for common-law partners to live together, in exceptional... Read more →

Interview on RedFM -Challenge to the Safe Third Country (Punjabi)

Interview on the Danielle Smith Show - Discussing the Challenge to the Safe Third Country Agreement November 6, 2019

Danielle Smith: All right, I am prepared to have my mind changed on this one. My inclination is that the Safe Third Country Agreement is a good agreement; and that we are absolutely right when somebody arrives at our borders saying that they are from America, that they should be applying for refugee status in the United States first. My inclination is that genuine refugees fleeing hazardous conditions in war torn areas are going to have an equally fair process in the United States and Canada. Danielle Smith: My sense of it though is that there is this push on for economic migrants regardless of your reason of wanting to move to a different place, you should be accepted and there shouldn't be any additional process that you need to go through. I think that's problematic because we have an entire system on immigration that is built around identifying people who are going to be the best match for our particular economic circumstances. And the point system and giving precedence to those who can speak one of the two official languages so that they have an easier time into integrating into our economy. It's actually a pretty darn good system... Read more →