Stewart Sharma Harsanyi Immigration Law Firm Blog

Punjabi Language Broadcast Discussing the Political Impasse and the Trump Presidency on Immigration Policy and Processing

Stewart Sharma Harsanyi Immigration Lawyers · 2025 01 13 RedFM Interview I was interviewed on January 13, 2025 by Rishi Nagar, the inestimable news director of RedFM Calgary discussing the significant changes that the new year has already brought. The interview started by discussing the impact of the prorogued Parliament on immigration processing and policy. While day to day operations are unaffected by the political stasis no significant legislative change can occur. This is of course a time of great uncertainty and it is very difficult to prognosticate (prognostication being difficult in the best of circumstances). At the time of the interview, Donald Trump was yet to return to the Presidency but it is a certainty that Canada will be impacted on a number of fronts, including immigration processing. I did share on social media my thought that 2025 would be a year of refusals and we will see the ascendancy of integrity over integration and enforcement over facilitation. CBSA will be at the forefront rather than IRCC. Other topics included the Trudeau (Near) Decade has seen asylum claims skyrocket, acceptance rates increase, and now an unprecedented refugee backlog of 260,000. the MIA (missing in action) Home Support Worker Pilot... Read more →

December 27, 2024 Interview on CBC News Network on the Allegations of Widespread Human Smuggling

Natasha Fatah Raj Sharma, who's joining us from Calgary, he is the founder and managing partner of Stewart Sharma Harsanyi, one of Canada's largest dedicated immigration law firms. Raj, thanks so much for making time for us. Raj Sharma KC: Thanks for having me. Natasha Fatah: Raj, I know you follow what's happening in the world of immigration in Canada and many of these geopolitical stories closely. What's your reaction to what we just heard from Ehsan coming out of New Delhi? Raj Sharma KC: Natasha, the initial reaction is that the allegations, if they're true, would be truly staggering. The allegations involve hundreds of these private DLI -designated learning institutions, these colleges that sort of cater to the international student market, shall we say. So the Indian media reports are indicating over 250 of these DLI we're working with two as yet unnamed Indian entities. They're paying between 50 and 60 lakhs per person. Again, according to your reporter, that's a significant amount of money, let's say $60,000. And if it's true, if the allegations are true, it would reveal shocking gaps in our integrity protocols. And we know already that last January, not so long ago, Mr. Miller... Read more →

2024 Immigration Year End Review

Stewart Sharma Harsanyi Immigration Lawyers · 2024 12 22 RedFM year end interview It's been an eventful year in immigration and there's little doubt that 2025 will be another year of disruption and dislocation. In this Punjabi language interview on RedFM Calgary I touched on a number of developments including some of the following: Reduction in Immigration Levels: Canada has announced a significant reduction in immigration targets. For the years 2025-2027, the country aims to welcome only 1.1 million new permanent residents, marking a 21% drop from previous targets. This policy shift is aimed at pausing population growth after a significant drop in public support for this government's largesse on immigration intake particularly temporary residents; Restrictions on Study Permits: Marc Miller moved on his responsibilities after integrity concerns were raised. The Canadian government has set a cap on international student permits, with a further 10% reduction for 2025 relative to 2024's targets. Some provinces were 'over subscribed' and others were not; BC and Ontario will see a significant reduction and other provinces not so much. Open Work Permits for Spouses: Along with a reduction of student numbers changes were introduced to the eligibility for spousal open work permits, particularly for... Read more →

Federal Court Stay of Removal -Understanding the Officer's Discretion, Children's School Year and the "Clean Hands" Doctrine

Madam Justice Sadrehashemi granted a stay of removal in Goitom v. Canada (Citizenship and Immigration), 2024 CanLII 126597 (FC) for a family whose status was vacated after it was discovered they had hidden their status in Sweden while claiming protection against Eritrea. Following the status revocation, their H&C application was refused, leading to removal proceedings. The family requested a deferral of removal, arguing that disrupting the children's education mid-school year would cause significant harm. The removal officer denied the request, refusing to exercise discretion, which the Court found problematic. The Court emphasized two critical issues: Scope of Discretion and Children's Education: The Federal Court clarified that removal officers must consider the short-term best interests of children (obviously if it is raised and supported by evidence), such as completing a school year, even if not required to conduct a full "best interests of the child" assessment (Lewis v Canada, 2017 FCA 130). Here, the officer failed to acknowledge or perhaps did not even realize that educational disruption could justify a deferral. Doctrine of Clean Hands: The government argued the applicants were precluded from relief due to their prior deception regarding Swedish citizenship. The Court reaffirmed (and cited a FCA decision) that... Read more →

Looking Ahead to 2025

Another year is in the books (more or less). 2024 saw reductions in immigration levels, restrictions to both the international student and temporary foreign worker programs, and a dramatic decrease in public support for immigration fueled by housing costs, availability or lack thereof of public services and a strain on infrastructure. What lies ahead? The return of Donald Trump -another Trump administration is going to impact Canada in manifold ways -we've already witnessed some of that these last few days and weeks with his threat to impose tariffs on Canadian goods -but it's what he does with the large undocumented population in the country is what will matter most -even if a fraction were to roll the dice by coming to Canada or crossing our largely undefended border would pose a significant challenge to our immigration system. The departure of hundreds of thousands of students and workers that expected to remain. It's true that their status was 'temporary' but it's also true that there were pathways to navigate that status to permanent and clear signals as to that fact from the then Minister of Immigration himself. Many were sold on these dreams and many will not simply pack their bags... Read more →

"May you live in Interesting Times"

There's a remark attributed to Vladimir Lenin, "There are decades where nothing happens; and there are weeks where decades happen," likely referring to the Bolshevik revolution and other remarkable watershed moments near the end of the Great War; periods where change accelerates at an unprecedented pace. On some level the sentiment is applicable to the Canadian immigration policy landscape of 2024, a year marked by swift and transformative changes. In 2024, Canada's immigration framework underwent significant transformations, reflecting the country's response to economic needs, public sentiment, global challenges and of course political considerations and calculations with the long-in-the-tooth Liberal government confronted by a frustrated and unhappy electorate. What did 2024 bring us? 1. Introduction of Temporary Resident Caps One of the landmark decisions was the government's move to cap temporary residents, including international students and foreign workers, to manage population growth and alleviate pressures on housing and infrastructure. Temporary resident levels weren't really counted or considered in immigration planning in the past. That's now changed. This policy change was part of a broader strategy to ensure "sustainable" immigration numbers, reducing the temporary population to 5% of Canada's total by the end of 2027. That reduction of course is based on... Read more →

Change to the Visitor Visa Process -Program Delivery Instructions Updated for Visitor Visa Issuance November 2024

Introduction In a notable shift, Immigration, Refugees and Citizenship Canada (IRCC) has revised its approach to issuing visitor visas. As of the updates made public on November 6, 2024, the issuance of multiple-entry visitor visas is no longer an automatic process. If an officer was going to approve the default would be multi-entry and until the expiry of the passport/travel document. That's no longer the case and reflects increased tightening in the visa regime and immigration/entry to Canada overall. Ostensibly the change aims to tailor visa issuance more closely to the specific circumstances of applicants. Here’s what you need to know about these changes: The Essence of the Multiple-Entry Visa A multiple-entry visa for Canada traditionally allows travelers to: Enter Canada multiple times during the visa’s validity period. Be valid for up to 10 years or until the expiration of either the travel document or biometric validity, whichever occurs first. However, Visa officers are now directed to use discretion to decide on the type of visa issued: Purpose of Visit: *Short-term or One-Time Events: If the visit is for a conference, short training, or similar one-off events, a single-entry visa might be more appropriate. *Regular Visits: For those visiting frequently,... Read more →

CBSA Raids in Calgary and Increased Focus on Enforcement

Stewart Sharma Harsanyi Immigration Lawyers · 2024 10 07 RedFM Interview On CBSA Raids And Enforcement I was interviewed by RedFM news director Rishi Nagar on the recent reports about CBSA raids against employers and foreign workers engaging in unauthorized work. The interview is a Punjabi language broadcast and is above. The following provides some additional context to this interview: The Recent CBSA Raids on Unauthorized Workers: A Shift in Immigration Enforcement The Canada Border Services Agency (CBSA) appears to have intensified its operations, conducting widespread raids targeting foreign nationals working without proper authorization. This uptick in enforcement activities isn't just about numbers; it's a clear signal of changing priorities within Canada's immigration framework. Why Now? Well, we can look to the current political climate: With immigration often at the forefront of political discourse, these actions might serve as a response to public and political pressure to address unauthorized employment, which some perceive as undermining the integrity of legal immigration processes. - There's little doubt that there's been a change in policy. We're seeing a move towards stricter enforcement, possibly in alignment with Minister Marc Miller's strategy to reduce the number of temporary residents. This could be an attempt to... Read more →

2024 10 25 RedFM Interview On Reduction In Immigration Intake

Stewart Sharma Harsanyi Immigration Lawyers · 2024 10 25 RedFM Interview On Reduction In Immigration Intake I discussed the recent announcement by Immigration Minister Marc Miller regarding the reduction in immigration levels for permanent residents in Canadarecently on RedFM -it's mostly in Punjabi and the audio is above but here's some additional context to the interview: Reduction in Targets: Minister Marc Miller has announced a significant reduction in the number of permanent residents Canada aims to admit in the coming years. This adjustment represents a notable shift from the increasing targets we've seen post-2015 under the Trudeau administration. One could call it cuts or one can simply characterize it as a regression to the mean. These numbers are in line or even more generous than pre-pandemic intake. Context of Change: This decision comes amidst pressures from various quarters, including economic considerations like housing affordability, employment rates, and public sentiment regarding immigration levels. As I stated above I think it's better described as a "regression to the mean," a return to more sustainable levels of immigration. Implications for Prospective Immigrants: Increased Competition: With fewer slots available, the competition for permanent residency might intensify. Potential immigrants should expect a more competitive environment... Read more →

Relocating Refugees Marc Miller vs. the RoC September 16 2024 Interview on CBC

Stewart Sharma Harsanyi Immigration Lawyers · 2024 09 16 CBC Interview Relocating Refugees Loren McGinnis: A row over a specific part of our immigration system. On one side you have Alberta Premier Danielle Smith saying We cannot handle an influx of asylum seekers moving to the province. On the other, you have federal immigration Minister Marc Miller saying Alberta needs to do more. The disagreement stems from a possible federal plan to move asylum seekers out of Quebec and Ontario. In the middle of this, are people seeking asylum in the first place. To tell us more about them and their circumstances, we have Raj Sharma on the line. He's an immigration lawyer here in Calgary with Stewart Sharma Harsanyi. Good morning to you, Raj. Raj Sharma: Good morning, Loren. Loren McGinnis: So what circumstances make a person eligible to seek asylum and perhaps the circumstances that push them into that situation? Raj Sharma: A person is a refugee or considered a refugee or eligible to make a refugee claim if they have a well-founded fear of persecution due to one of the convention grounds, race, religion, political opinion, membership in a particular social group, or that there is a... Read more →

Borderlines Podcast -Discussing the Spousal Sponsorship Process from Interview to Rejection to Appeals before the IAD

I joined my friends Steven Meurrens and Deanna Okun-Nachoff late August to discuss the spousal/common-law partner sponsorship process and some of the challenges including the interview and dealing with refusals based on genuineness/intent. A lot is at stake in such applications/appeals and it is important for those attempting to navigate it to understand the pitfalls and hurdles that are at play. I hope that the discussion is of assistance to other counsel, those that are intending to go down this road and those that are on it. Steve Meurrens: We are joined again by Raj Sharma, who's been on the podcast several times, both to discuss marriage fraud, which is going to be a topic that we pick up again today. It was actually, I think episode three, many, many years ago that Raj was on. Raj Sharma: We are so young, Steve. Steve: We were so young. We had Peter still not as a judge. Deanna Okun-Nachoff: What about me, was I not young then? Steve: We recorded in our office. Raj Sharma: You're always young. Deanna. Steve: And then we add a series of episodes about the same person whose agency was refused, it went to fed court,... Read more →

Misguided Credibility Concerns and the Impact on Refugee Decision Making

Today's hearing, where my client and I navigated the intense and often microscopic questioning from a member, was a reminder of the challenges refugee claimants face, even in cases that appear prima facie strong. My client, an LGBTQ+ individual fearing return to a repressive country, was subjected to a level of scrutiny that may have felt overwhelming for her; I was not overwhelmed but certainly put off given the development in the jurisprudence and the Board's own policies in this regard. The hearing started off with a deep dive in terms of a delay in making the claim. Decision makers continue to make assumptions about how people "should" respond to fear and danger. Hilary Evans Cameron, a former classmate of mine at Osgoode Hall, has deeply examined this issue in her research. She points out that adjudicators often assume that those who fear for their lives will behave in predictable ways—fleeing immediately, seeking protection in the first safe country they reach, and never returning to their homeland. But as Cameron's work makes clear, these assumptions are not based on evidence; rather, they ignore decades of research across disciplines like psychology, sociology, and anthropology, which show that human responses to danger... Read more →

The Writing is On the Wall

Another day another announcement pertaining to restrictions to immigration and in particular to temporary residents. The writing has been on the wall for some time now: more changes are coming to Canadian immigration policy, particularly affecting temporary residents and admissions. Earlier this month, Minister Randy Boissonnault met with top business associations to emphasize that the Temporary Foreign Worker (TFW) program should not replace hiring Canadians. The government is saying that despite them throwing the doors wide open on TFW numbers they are now serious on cracking down on misuse and fraud within the system with the following actions: Enforcing the 20% cap policy for TFWs, including stricter guidelines for those applying for permanent residency. Implementing rigorous oversight in high-risk areas for Labour Market Impact Assessments (LMIAs) and inspections. Considering LMIA fee increases for better integrity and processing activities. Exploring future regulatory changes, like minimum business operation years or lay-off history, for employer eligibility. Minister Boissonnault is also considering refusing to process under the low wage stream, potentially restricting TFW Program use in certain areas and industries. A new foreign labour stream for Agriculture and Fish & Seafood Processing is also in the works, as per Budget 2022. These steps follow... Read more →

Canadian immigration lawyer Raj Sharma KC interviewed in a Punjabi language broadcast for RedFM by News Director Rishi Nagar discussion immigration news and developments -August 8, 2024.

Canadian immigration lawyer Raj Sharma KC interviewed in a Punjabi language broadcast for RedFM by News Director Rishi Nagar discussion immigration news and developments -August 8, 2024. 2024 08 08 RedFM Interview Stewart Sharma Harsanyi Immigration Lawyers · 2024 08 08 RedFM Interview Summary of August. 08, 2024 REDFM Interview: Drastic Changes in Immigration: Significant changes in immigration policies and procedures, especially since COVID-19. Work Permits and TRV during Covid-19: Transitioning from temporary resident visas (TRV) to work permits (WP) had seen increased flexibility. Work Permit Approvals: Approvals of work permits have doubled since 2019, with a 90% increase by 2023. Upcoming Regulations: Randy Boissonnault’s new regulations are to be announced and to impose more restrictions, particularly on low-wage and low-skill jobs. LMIA for Work Permits and PR: Labor Market Impact Assessments (LMIAs) are required for work permits and eventually for permanent residency (PR). Exploitation Risks: The high demand for work permits has led to exploitation of workers. Restricted Categories: Future restrictions may target temporary residents, students, and TRVs. Low wage and low skilled occupations are at greater risk. No specifics, but broadly the Canadian population is 7 percent TRV holders, this is going to be brought down to 5... Read more →

Punjabi Language Broadcast: July 15, 2024 discussing the AINP and changes and challenges in Canadian Immigration Policy

I joined Rishi Nagar, News Director of RedFM Calgary on July 15, 2024 to discuss ongoing immigration developments including: The suspension of the AINP in February and difficulties in accessing the program; The impact of the US election on Canadian immigration policy; Discussion of regularizing undocumented and discussion of international recruitment of skilled individuals vs. ongoing restrictions on temporary residents and challenges in navigating temporary status to permanent; and Visitors from India and Nigeria being singled out upon arrival. Read more →

Punjabi Language Interview on a Potential Amnesty for the Undocumented

Stewart Sharma Harsanyi Immigration Lawyers · 2024 05 27 Interview On RedFM Discussing Amnesty During my recent interview with Rishi Nagar, news director of RedFM, on May 27, 2024, conducted in Punjabi, we discussed the Trudeau government's movement towards an amnesty to undocumented individuals in Canada. Their are arguments for and against the amnesty or regularization of those without status. This is a controversial proposal and there are of course both positives and negatives to such a a policy. On the positive side: $$ ... Regularization could result in significant positive economic impact. Many undocumented immigrants work in sectors experiencing labor shortages, such as agriculture and construction. Further, legalization would likely increase tax revenues as the undocumented shift from informal to formal employment. An amnesty would be in line with Canada's humanitarian tradition. Regularization ensures access to essential human rights, including healthcare and education, and offers protection against exploitation. Many undocumented immigrants have strong family ties here and regularization will help prevent family separation (under the table to a notice of assessment. On the negative side: Such a policy could incentivize non-compliance and regularization might be seen as unfair to those who have followed legal immigration procedures. The government was... Read more →

RedFM Interview -Navigating the Evolving Landscape of Canadian Immigration: Insights from Raj Sharma KC

Stewart Sharma Harsanyi Immigration Lawyers · 2024 05 15 Good Morning Calgary **Interview with Rishi Nagar: Insights on Immigration Trends and Challenges** I recently had the pleasure of being interviewed by Rishi Nagar, News Director of RedFM Calgary. We discussed several pressing topics that were highlighted at the recent Canadian Bar Association (CBA) National Immigration Conference in Montreal (the rise of automation in administrative decision making being the theme of the conference). Our conversation covered trends in temporary resident numbers, reverse or onward migration, issues within the international student community, and the evolving immigration policies in Canada. Recalibration - Alignment - Balancing There was a lot of euphemisms at the Conference but it's clear that the next few years are going to be about "recalibration, alignment, and balancing". Both the Conference and the consistent comments by the Minister and others demonstrate a concerted effort to realign (read "reduce") and balance ("bring down") temporary resident numbers. The goal is to address the growing concerns regarding the influx of temporary residents and its impact on the job market and public services (and program integrity). This realignment is a perhaps necessary correction; things simply got out of hand. One consequence will be reverse... Read more →

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 →