Stewart Sharma Harsanyi Immigration Law Firm Blog

H&C Relief Denied for Aged Out Dependent Daughters

A couple of years ago we were retained by Gurinder Singh, an earnest and hard working father; he had with some difficulty navigated an economic pathway to PR and unfortunately by the time he did so, his daughters back in India “aged out”. The family sought to reunite by filing an (overseas) humanitarian and compassionate application. This was rejected and we then sought judicial review. The Court was alive to the arguments advanced but ultimately dismissed it in June 2022, finding the Visa Officer’s decision to be reasonable. **The Backstory** The story began in 2008 when Gurinder Singh moved to Canada as a temporary worker. He tried twice, in 2010 and 2012, to gain permanent residency through the Alberta Immigrant Nominee Program [AINP]. Despite his efforts, both attempts were unsuccessful due to his educational credentials (or, his lack thereof). While he had retained immigration counsel, he was not advised prior to applying that he did not meet the eligibility requirements of the class. Singh had been working for decades outside India in an effort to better his family’s circumstances. Commendably, by 2015, he secured the additional education required. As a result, Singh tried once more. His persistence paid off and... Read more →

RedFM Punjabi Language Interview: Proposed Cap on International Students to Canada

I discussed the proposed cap on the numbers of international students with Rishi Nagar, News Director of RedFM on August 23, 2023. Stewart Sharma Harsanyi Immigration Lawyers · August 2023 RedFM Interview on Proposed Cap on Students The interview covered the recent volte face by the Federal Government; international students were so vital to the post-pandemic economy that the 20 hour limit to working was lifted but now they are deemed to contribute to the housing "crisis" in Canada. It also discusses my comments in the Toronto Star addressing ways to optimize the program rather than capping (but which may necessarily lead to less intake over time. 2023 08 23 RedFM international students cap Read more →

International Students From Heroes to Zeroes

Veteran Toronto Star reporter Nicholas Keung contacted me last week regarding a proposed "cap" on international students; the Federal Government has indicated that it may assess their intake given their (apparent) impact on the housing "crisis". My thoughts: Fraser’s remarks also marked a change from when he was overseeing Immigration and staunchly defended the Liberals’ record immigration levels and strategy to stimulate economic recovery through immigration. “I find this a little bit disingenuous,” said Calgary immigration lawyer Raj Sharma. “The minister who’s talking about capping international students is the same minister that eliminated the 20-hour limit of working in a week for the international students.” “It’s very odd for Mr. Fraser to be speaking out of both sides of his mouth.” While concentration of international students in particular urban hot spots has contributed to the rising rental costs and strained housing supplies in the GTA, the Lower Mainland in B.C. and parts of Alberta and the Maritimes, Sharma said the housing challenges predated the influx. International students have become such an integral part of the immigration system and the Canadian economy that it’s hard to just turn the tap on and off, he said. … “There’s a lot of stakeholders,... Read more →

The Pros and Cons of Coming to Canada to Study

The following article was written by Sahj Dhillon, a summer student at Stewart Sharma Harsanyi Introduction When considering where to study as an international student there are numerous factors to consider including but not limited to livability, climate, safety, employment opportunities and a clear cut and reasonable path to citizenship upon completion of your studies. Canada offers a competitive package to international students that goes toe to toe with many other popular destinations for international students including Australia, The U.K and the United States. We will explore the various pros and cons of studying in Canada as an international student. Pros: High-Quality Education: Canada has always boasted an impressive array of universities and technical colleges. Canadian universities are globally recognized and offer a range of academic programs. Three universities in Canada placed in the top 100 of U.S News and World Report University Rankings[i] with the University of Toronto ranking 1st in Canada and 18th in the world, The University of British Columbia ranking 2nd in Canada and 35th in the world and McGill University ranking 3rd in Canada and 54th in the world. Canadian institutions provide students with a wide array of academic programs and are very open and... Read more →

Mohamed v. Canada (Round 2) and the Moral Debt Factor in Humanitarian and Compassionate Applications

The following article is by Rayyan Asif, a summer student at Stewart Sharma Harsanyi. INTRODUCTION How should Canada treat foreign nationals who worked as front-line healthcare professionals during the COVID-19 pandemic when it comes to immigration? Although statistics on foreign nurses in Canada during the pandemic are scarce, knowing that immigrants account for one in four of every healthcare sector worker and cautiously using data collected from the US which placed the number of foreign-educated healthcare professionals practicing during the early months of the pandemic at nearly 74,000, the impact of these foreign workers during the pandemic cannot be understated. Appreciating the sacrifices they made, Canada has not shied away from recognizing these individuals, such as through permanent residency (PR) pathways for asylum claimants who were on the front lines of the pandemic. The treatment of these workers in terms of their immigration matters has continued to be a concern for the government and policy-makers. Now, in his recent decision on July 31, 2023, allowing the application for judicial review for Bhaona Mohammed v The Minister of Citizenship and Immigration,[1] the Honourable Justice O’Reilly, after a questionable back-and-forth with the Immigration Appeal Division (IAD), re-affirmed that individuals who served Canadian... Read more →