Stewart Sharma Harsanyi Immigration Law Firm Blog

Saudization and Temporary Residency Applications: Navigating the Challenges

A number of Federal Court decisions have upheld visa refusals based on concerns that foreign nationals working and living in Saudi Arabia (even for decades) may not be able to establish ties there due to the policy of Saudization. Saudization, officially termed "Nitaqat," implemented by Saudi Arabia and aims to increase the employment of Saudi nationals in the private sector, heretofore and generally speaking, dominated by expatriates. This policy mandates quotas for employing Saudis, affecting various economic/labour sectors differently. However, the impact of Saudization extends beyond the borders of Saudi Arabia influencing Canadian immigration decisions for applicants seeking temporary residency, such as study or work permits. Canadian visa officers often assess such applications with the view that Saudization undermines the security of an applicant's job or residence status in Saudi Arabia, thereby weakening their ties outside Canada (one of the factors at play in such applications). Usually having an applicant that has received a visa to travel, work, and live outside their country of nationality is a positive factor in such applications... Recent legal challenges have brought some judicial attention to how these immigration decisions are made. Notably, Justice Go’s decision in a recent case provides insight and establishes a... Read more →

March 2024 Interview on RedFM Discussing Reduction in Temporary Residents

Stewart Sharma Harsanyi Immigration Lawyers · 2024 04 22 RedFM Interview On Reduction Of Temporary Residents I recently had the opportunity to sit down with Rishi Nagar, the esteemed News Director at RedFM Calgary, for what I believe is an insightful interview conducted in Punjabi. We delved into the recent announcements by Canada’s Immigration Minister, Marc Miller, concerning temporary residents. In an effort that might remind some of closing the barn doors after the horses have bolted, these changes, part of a broader shift since January of this year (and messaging since at least the fall of 2023), aim to manage the numbers and rights of temporary residents in Canada. Initially, we saw a basic cap implemented on the number of international students. That cap will impact certain provinces more than others -Ontario and BC vs. the ROC. The latest efforts focus on reducing the count of long-term temporary residents/temporary foreign workers, a move that does not currently affect the numbers of permanent residents. These measures reflect a broader strategy to balance the intake and integration of new residents into Canadian society, ensuring that immigration remains beneficial and sustainable. However, given the substantial population of temporary residents with limited prospects... Read more →

It’s Been an Interesting Year -and It’s Only April

As an immigration lawyer, now 20 years out, I am routinely confronted with a variety of (usually complex) cases; it keeps the practice of law engaging and interesting because each file presents unique challenges, opportunities and implications. Here's a few that have crossed my desk recently. **Consolidation of Similar Refugee Narratives**: I was consulted on a case involving a representative worried about a notice to the Minister for intervention. He’s on for multiple refugee claims bearing striking similarities in the narratives. Not only is there is a notice to the Minister the RPD is seeking to consolidate these claims. Such scenarios raise claim integrity (see R27) and significant credibility challenges for the claimants. I'm not sure (yet) but it's possible that the IRB is employing technology to detect these cut/copy-paste attempts. It goes without saying that representatives should thoroughly canvass the client's circumstances and ensure that they do not rely on precedent and that claimants sign off on a narrative that details their own particular and personal history, risk and fear. **Judicial Review Against the Minister of Public Safety**: Another case involves a long-standing struggle with regarding a client who last entered Canada in 1992. Ministerial Relief has yet again... Read more →