Stewart Sharma Harsanyi Immigration Law Firm Blog

New Pilot Programs for International Students and those Working in Essential Occupations -RedFM Punjabi Media Interview

PR for International Graduates Working in Essential Occupations

More good news from IRCC. There is a new pathway for international graduates for those that work in essential occupations. The foreign national must: Have accumulated at least one (1) year of full-time work experience, or the equivalent in part-time experience (1,560 hours), in Canada, in an eligible occupation listed in Annex A or Annex B in the three (3) years preceding the date when the application for permanent residence is received. The one year of work experience must be obtained in one or more of the eligible occupations as follows: Stream A: the one year of work experience must have been acquired in one or more occupations listed in Annex A. Experience cannot be combined with Annex B occupations. Stream B: the one year of work experience must have been acquired in one or more occupations listed in Annex B, or a combination of occupations in Annexes A and B. Be employed in Canada in any occupation at the time that the application for permanent residence is received; The employment described in both a) and b) must meet the definition of work under subsection 73(2) of the Regulations, must have been authorized pursuant to the Act and Regulations and... Read more →

Exclusion from the Refugee Convention -Article 1E

It was a pleasure appearing before Justice Mosley of the Federal Court this last Monday. We challenged a decision of the Refugee Appeal Division that excluded our client from Refugee protection because of his permanent residence status in Italy. Like all exclusion clauses Article 1E is a complicated analysis and one that lends itself to error. Reading Professor Hathaway it is clear that he is no fan of how the exclusion clause has been interpreted in Canada and other countries such as Australia and the United States. On its face the exclusion clause is meant to prevent forum or asylum shopping. The Article states that the (Refugee) Convention doesn't apply to those recognized as having the rights and obligations which are attached to the possession of the nationality of the putative country of exclusion. It is clear that Professor Hathaway is concerned about the expansion of exclusion over time; an assessment that elevates form over substance. H Hathaway's take: those rights and obligations mean essentially assimilation that the individual has been integrated in the putative country --it's for those that truly enjoy treatment genuinely equivalent to that afforded to nationals and the only ones that should be excluded are truly... Read more →

Presentation to Immigration Seminars -February 2021

Presentation to the University of Alberta (my alma mater) International Student Association -a 20,000 foot overview of the refugee adjudication system