Stewart Sharma Harsanyi Immigration Law Firm Blog

“Oh, what a tangled web we weave…when first we practice to deceive.”

The author discusses the difficulty of dealing with allegations of misrepresentation in immigration law. The consequences of a finding of misrepresentation are severe, including a 5-year ban on future entry to Canada and removal for those already in the country. The author emphasizes the importance of representatives being knowledgeable about the guidelines, case law, and legislation, even after the client has suffered a self-inflicted wound. Despite the challenges, there may still be options and a path to navigate the difficulties of misrepresentation in immigration law. “Oh, what a tangled web we weave…when first we practice to deceive.” Walter Scott, Marmion Dealing with the allegation(s) of misrepresentation is a difficult task. In many ways, dealing with misrepresentation is harder than dealing with criminality. The consequences for a finding of misrepresentation are harsh -a 5 year ban on future applications to enter Canada and removal for those already in Canada. Beyond preventing or avoiding misrepresentation, counsel are generally playing defense. There is a great deal of subjectivity –and luck -at play. Certain visa officers and certain visa offices have different standards and different thresholds as to when to pull the misrepresentation trigger. Nevertheless, there is an important role to play even after... Read more →

IAD to resume doing the job that was not affected by COVID

IAD has informed us that they will now resume doing the part of the job that was minimally impacted by COVID19. Thank you kindly; this sacrifice in this time of crisis will not be forgotten. This is most considerate given the anxiety that my clients have been feeling. I know this must be difficult for the Board Members that are cooped up at home; sparing time from busy schedules baking bread and binge watching the Office on Netflix. "We are writing to inform you that the Immigration Appeal Division (IAD) will resume issuing final decisions by email effective immediately. This is a result of measures put in place by the Board during the COVID-19 pandemic as regular mail-outs are not possible. Those who have already consented to communicate with the IAD by email will automatically receive final decisions electronically as soon as they are available. Those who have not previously consented will be contacted by the Board shortly regarding the steps to take to provide an email address in order to receive electronic communications." Read more →

Corona and Canadian Immigration

COVID (and our response to the pandemic) has changed our lives and the assumptions we made in the course of our lives. I think it's essentially impossible to know the medium term impact on immigration. There is of course plenty of prognostication and prediction: But as the nation’s economy plunges into recession, millions are being cast into unemployment. In the oil heartland of Alberta, a province that once had a voracious demand for skilled newcomers, Premier Jason Kenney now warns of a 25% jobless rate. Immigration targets will almost certainly be scaled back as the crisis forces a radical shift in Trudeau’s priorities. Attracting more migrants, foreign workers and students has been a pillar of Trudeau’s political agenda since he became prime minister in 2015, making his government an outlier at a time when openness to foreigners is waning in Europe and U.S. immigration has fallen to a decade low. Yet, history shows economic downturns almost always lead to less migration into Canada, even without the unprecedented travel restrictions associated with the pandemic. However, I believe the long term impact may be negligible. Canada will continue to be a desirable destination for visitors, students, workers and those that seek to... Read more →