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 →

Parents/Grandparents 2021 sponsorship process

This year IRCC will pull 30,000 “interest to sponsor” forms from the remaining 2020 pool. The draw will take place the week of September 20, 2021. Those who submitted their interests last year, may have a chance this year. They’ll need to keep an eye out for their emails for the invites. https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/sponsor-parents-grandparents/selected.html Read more →

Video: Conjugal partnerships and immigration sponsorship

Regulation 117(9)(d) Consequences of Failing to Disclose a Family Member

The Minister of IRCC, Ahmed Hussen, has announced a two-year pilot program which allows some immigrants to sponsor family members who were previously barred under the family class sponsorship due to not being declared. This new policy shows a shift in the government's stance towards a more flexible approach and applies to sponsors who came as refugees or as accompanying family members. However, it does not apply to everyone and can result in potential misrepresentation and removal from Canada for those excluded. The new policy eliminates much of section 117(9)(d) of the IRPR and taking enforcement action against sponsors may not make sense given that many of them can now sponsor the previously omitted family member. The Minister of IRCC, Mr. Ahmed Hussen, recently announced a two-year pilot program which allows some immigrants to sponsor their undeclared, non-accompanying family members. These individuals would have been previously barred under the family class sponsorship pursuant to section 117(9)(d) of the IRPR. This pilot is significant as it shows the government’s changing mindset towards giving more flexibility to the current harsh regime set out in 117(9)(d). Announcing this new pilot, Minister Hussen said that the “federal government recognizes that the regulation was unfair”... Read more →

The Marriage Appeal

Summary: A visa officer outside Canada determines the genuineness of a marriage or common-law relationship for immigration purposes. If the family class sponsorship is refused, the sponsor has the right to a substantive review or appeal at the Immigration Appeal Division within 30 days of receiving the refusal. The appeal can be resolved through Alternative Dispute Resolution (ADR) or a full hearing if ADR is unsuitable. The full hearing is held in Calgary or Edmonton, typically for a full day, with the Board Member, Minister's counsel, the appellant (sponsor), and counsel in attendance. The hearing begins with an introduction by the Board Member and questions and cross-examination by both counsels. The appellant and applicant need to present evidence to establish the genuineness of their relationship and the Board will consider factors such as knowledge of each other, contact with family, financial support, and the couple's intent. The outcome of the hearing can be affected by the particular Board Member and the CBSA hearing officer, so it's recommended that the couple seek assistance from an experienced immigration lawyer to prepare for the hearing. A visa officer (for a sponsorship submitted outside Canada) is tasked with determining whether a marriage or common-law... Read more →

Interview on the family class - Danielle Smith AM770 February 1, 2019

Danielle Smith: All right. Welcome back. There's two issues that I wanted to talk to Raj Sharma about. One of them was the issue of the family reunification program, and the kind of catastrophe that has become under the Liberals. There were problems under the Conservatives, but he describes this one now. He says, "I think a cohort of moderately intelligent twelve-year-olds could have come up with a better system for family reunification in some of the black Friday door crashers model that we saw yesterday." So, I want to find out just how bad that went and what his solutions are for fixing it, but then also get his take on the Humboldt driver, who he has just tweeted out. He says that he has a shot at avoiding deportation regardless of the length of sentence imposed. We'll talk about both of those. Raj Sharma, of course, is a Calgary immigration lawyer, and he joins me now. Raj, thanks so much for being with me. Raj Sharma: My pleasure. Danielle Smith: Tell me about the Black Friday door crash, and you warned that this was going to happen, but remind us of what the problem is with the system,... Read more →

January 30, 2019 Interview on the Calgary Eyeopener Discussing the Family Class Fiasco

My thoughts - shared on the CBC Calgary Eyeopener on January 30, 2019 discussing the family class imbroglio. David Gray: [Immigratino Canada is facing] a backlash this week. The problem, its new online sponsorship system, which allows people to bring their parents and grandparents to Canada. They brought in a new first-come, first-served online form. It went live at exactly 10:00 AM on Monday. All 27,000 application spots filled up in just 11 minutes. Now, my next guest says reuniting families shouldn't be like buying concert tickets. Raj Sharma is an immigration lawyer here in Calgary and he joins us on the line. Good morning. Raj Sharma: Good morning. David Gray: What happened in your office when the form went live? Can you describe the scene? Raj Sharma: We had to operate under this new parental grandparent first-come, first-served regime and sort of ended up being a little bit like Black Friday door crashers. The program went live Monday, January 28th, 10:00 Mountain Standard Time. Within a matter of minutes, the program was shut down. They had received the limit. David Gray: Did you know this was the way it was going to work? Raj Sharma: Yes. Not just myself,... Read more →

Family Class Fiasco

Summary: The author is criticizing the family class sponsorship program run by the Canadian government. They argue that the process of reuniting families should not resemble a lottery or a concert ticket sale, and that the relevant metric should be a sponsor's work ethic, not their tech savvy or internet connection. The author suggests that the government should make the application deadline in May or June, so that the sponsor's current annual income can be submitted, and that the system should be fair and transparent. They also argue that there should be a lower income requirement and that the process should not be limited to those with strong computer skills. This joke of a parent/grandparent family class sponsorship opened and slammed shut within minutes. Normally when you replace something, you try to improve upon it. Note to CIC: address shortcomings, don't add to them. A cohort of moderately intelligent 12 year olds could have come up with something better than what we saw on January 28, 2019. Reuniting families should not be akin to reserving campsites in Banff or scoring rush concert seats. An orderly immigration system should not resemble a Black-Friday-Door-Crasher Sale. A Sponsor's work ethic should be the... Read more →