Stewart Sharma Harsanyi Immigration Law Firm Blog

AINP update

Important update from the AINP: "Candidates and nominees must advise the AINP of any changes to their employment. For candidates, information about change in employment must be emailed to the AINP program officer if the application is in process or mailed to the AINP along with the AINP file number if it is awaiting processing. Nominees must email the AINP program officer who sent their nomination or notify by mail with their AINP file number. We continue to discuss the impact of COVID-19 with Immigration, Refugees and Citizenship Canada (IRCC) and review our processes and policies. Any further adjustments will be posted on the AINP website." If you have questions about the AINP/AOS or require assistance with your application, please contact our office. Read more →

Immigration Fees to go up at the end of April

More bad news for many immigrants/prospective immigrants to Canada. Fees are to increase -a number of applications will see increases in the order of 50% starting April 30, 2020. It will now cost you more to bring your spouse/partner to join you here in Canada ($825 instead of $550 for the application fee) and your children ($225 from $150). The penny-pinchers at IRCC also saw fit to increase the RPRF from $490 to $500. Read more →

Humanitarian and Compassionate Applications in the Time of COVID-19

I predict that there will be an increase to the number of Humanitarian and Compassionate applications (for Permanent Residence) as a result of COVID-19. The pandemic is wreaking havoc with the plans made by many foreign nationals living in Canada hoping to make this country home. Many will lose their status and many will lose their (once viable) plans for Permanent Residence in Canada. One solution may be an application under s.25(1) -the Humanitarian and Compassionate or H&C application. (What is a Humanitarian and Compassionate application?) Here's some more background on this type of application: In my opinion, the "door" was already opening wider for the H&C -it's powerful tool depending on the circumstances. For example, we used it extensively for clients affected by the Nepal earthquakes a few years ago. The H&C of course is a discretionary tool -I've seen good applications fail and seemingly weak ones succeed. Each decision maker/officer brings his or her own value judgments to such applications. However, such applications are considered case by case, and the outcome depends on the luck of the draw. One officer will find that these circumstances constitute hardship, and another may not. I'm also sure the H&C will be... Read more →

REDFM Interview: Discussion on Changing Immigration Policies due to COVID-19

Enforcement/Deportation in this time of COVID-19

COVID-19 has affected multiple lines of business at IRCC and CBSA. However, I have been seeing some letters from CBSA sent out to Permanent Residents of Canada that have been convicted of "serious" crimes in Canada. One client told me that in the past 44 hours he had slept 2 after receiving the letter. It looks like CBSA has made an error on his file; his conviction did not/does not give rise to immigration consequences (a suspended sentence/peace bond). That was a quick fax and hopefully a quick fix. Another is currently in custody. Getting a signed authorization took time. His crime/sentence precludes an appeal to the Immigration Appeal Division. It is possible (though not likely) that CBSA/the responsible Officer will exercise positive discretion and not initiate enforcement action. He did however obtain PR status via a refugee claim/re-settlement as a refugee. As a result, there may well be an impediment to his removal/options for him to remain notwithstanding the loss of a substantive appeal. It is important of course to seek experienced immigration legal counsel upon receipt of such correspondence -ideally counsel should be taken once there is a chance of criminal jeopardy. Read more →

COVID-19 and Immigration Policy - Part II

"You can only come to the morning through the shadows" "It's a dangerous business, Frodo, going out your door" "Advice is a dangerous gift, even from the wise to the wise, and all courses may run ill" -Tolkien -LOTR This is a time of great uncertainty; including -or particularly for IRCC and foreign nationals/PR/prospective citizens of Canada. I think that this is a disruption of some months and one day IRCC will be back to some semblance of normalcy. That being said, there is little doubt that COVID-19 will change the way IRCC handles files in the future. I think the vast majority of paper based applications will go the way of the dodo. There are many unknowns at play: It is unknown how many individuals will lose their chance at PR. It is unknown how many will experience delays in becoming PR/citizens/bringing their loved ones to join them in this country. it is unknown as to the impact on LMIA applications -employers that are seeking temporary foreign workers. I assume that the increase in employment will increase the scrutiny on employers/applications seeking foreign workers. It is unknown whether this virus causes long term effects leading to increased findings of... Read more →