Mario D. Bellissimo

Speculation Mounting Re Refugee Amendments

2012-01-26T21:04:00.000-08:00

As we quickly approach the proposed implementation of the Balanced Refugee Reform Act in June of this year speculation is mounting that amendments to the proposed Act are likely forthcoming in the next few months. One of the most interesting changes may be doing away with the interview scheme as is currently proposed. Although nothing is definitive it will be interesting to see how this plays out.

Almost 10,000 Cases at the Federal Court . . .

2012-01-26T21:00:00.000-08:00

In the last calendar year, the number of leave applications filed at the Federal court numbered 9,842. Over 2000 more than the year before and the highest totals since 2003 and 2004. One of the by products of frequent legislative immigration amendments is the need for jurisprudential interpretation. Given the number of immigration related amendments passed in the last few years, those awaiting implementation and those on the horizon this trend is unlikely to change. Not coincidentally in 2003 and 2004 when leave cases totaled more than 10,000 per year followed the passage of the Immigration and Refugee Protection Act in June 2002.

Somalia - administrative deferral of removals to certain regions

2012-01-23T12:52:00.000-08:00

News Bulletin from the Canadian Council for Refugees (CCR):

Canada Border Services Agency has imposed an AdministrativeDeferral of Removals (ADR) on the regions of Somalia where famine has beenofficially declared by United Nations Office of the Coordination ofHumanitarian Affairs. These regions are: Middle Shabelle, Afgoye and Mogadishu.

Removals to these regions are temporarily deferred, with the exception ofindividuals who are inadmissible for criminality.

This Administrative Deferral of Removals was imposed on December 9, 2011.

The Canadian Council for Refugees (CCR) has been calling for many years on CBSA to impose a moratorium onremovals to Somalia (or technically a Temporary Suspension of Removals). ThisAdministrative Deferral of Removals is less than a moratorium, but at least itis something.

CBSA is not publicizing this information, so it would be important to circulatethe news to any Somalis that may be affected, so that they can be reassuredthat they do not face imminent removal.

International Qualification Network

2012-01-20T12:49:00.000-08:00

Citizenship and Immigration Canada has launched a new website named the International Qualification Network (IQN). It promotes innovations in the assessment and recognition of foreign worker qualifications, therefore allowing immigrants to integrate into the Canadian labour market faster. It achieves this goal by allowing stakeholders to share effective evaluation tools and practices, studies, pilot projects, reports and videos and post information on events, such as workshops and conferences.

The website acts as a virtual space for employers, regulatory bodies, governments and organizations serving immigrants to capitalize on promising qualification assessment and recognition practices. The creation of the website is part of a two-year commitment to support provincial, territorial and stakeholder efforts to improve international credential recognition through the Pan-Canadian Framework for the Assessment and Recognition of Foreign Qualifications.

Are you a foreign worker who wants to live and work in Canada? Learn more here.

Replacing the Principal Applicant on a Family-Class Application

2012-01-18T11:28:00.000-08:00

In a situation where the Principal Applicant (PA) on a parent or grandparent application for permanent residence in the Family Class passes away prior to PR being granted, the officer may replace the PA with the accompanying spouse or common-law partner. This only applies if the sponsor makes such a request and the accompanying partner is also eligible to be sponsored as a member of the Family Class. Step-parents and step-grandparents do not apply.

Click here to see how we can help you with your sponsorship application.

What is the Purpose of Temporary Foreign Worker Units?

2012-01-17T07:17:00.000-08:00

Citizenship & Immigration Canada’s response to questionsregarding the functionality of Temporary Foreign Worker Units (TFWU’s) andtheir effectiveness:

"Temporary Foreign Worker Units (TFWUs) serve as an optionalfirst point of contact for Canadian employers and the business community tohelp facilitate the entry of temporary foreign workers into Canada. Theyprovide “opinions” on labour market opinion (LMO) exempt cases in order to facilitatethe entry of temporary foreign workers from visa-exempt countries and to offerguidance to employers, their representatives and service delivery partners onthe process of hiring a temporary foreign worker. They also coordinate andconduct outreach sessions with clients, partners and stakeholders regarding theTFW program, policies and programs. All other requests for temporary foreignworkers are directed to Service Canada for labour market opinions. This CICservice is offered free of charge which reinforces CIC’s commitment to helpingCanadian employers meet their labour market needs where the entry of labourmarket opinion exempt foreign workers is an appropriate solution.

The TFWUs assess requests for LMO exemptions on a case bycase basis. This involves pre-screening supporting documents from employers andforeign workers to streamline the application process. Where supportingdocumentation and information may not be adequate to meet the eligibilityrequirements of a specific exemption, additional documentation and informationmay be requested to help facilitate a positive decision. All new submissionsare taken into consideration; however where subsequent documentation is notsufficient to make a decision or does not meet exemption requirements, anegative opinion may result. If clients wish to re-submit new information, theofficer may reconsider the application. In some cases, clients may re-submittheir application for consideration by another officer. Temporary foreignworkers who are visa exempt also have the option to apply for a labour marketopinion exemption directly at the Port of Entry. Temporary Foreign Workersrequiring visas will have the labour market opinion exemption assessed by the officerat the mission abroad at the time their application is assessed. If there areconcerns or issues with TFWU services or staff, clients are directed to contactthe appropriate TFWU manager located in the respective region. (Vancouver, Calgary,Toronto, Montreal, or Moncton)."

Canadian Experience Class Update!

2012-01-12T10:48:00.000-08:00

As of January 1, 2012, Canadian Experience Class (CEC)applications must be submitted to the Centralized Intake Office in Sydney, NovaScotia.
Visa offices will continue to accept any CEC applicationssubmitted directly to their office until January 31, 2012. After that,applications will be returned and applicants will be advised that they mustresubmit to the CIO.

Investor Class FAQ

2012-01-09T14:08:00.000-08:00

Why is the federal government taking more than 21 months toissue medical instructions after CSQ when all they have to do is security andmedical checks? How could they check medicals if they do not issue instructionsto have them conducted? How can security Checks be done if they are notinitiated?

CIC's response:

During the past 2 months for all points of services abroad,80% of Investors destined to Quebec were processed within 16 months. Processingincludes completion of medical requirements and security checks. Six missionsexceeded the 16 month processing times. These were Abu Dhabi (34 months for 80%of the cases), Cairo (24 months for 80% of the cases), Damascus (26 months for 80%of the cases), Rabat (22 months for 80% of the cases), Colombo (33 months for80% of the cases) and Singapore (25 months for 80% of the cases).

Securitychecks can be lengthy for applicants coming from certain regions of the world.Security checks are conducted by CIC’s partners. For those missions with longerprocessing times, it would be counterproductive to issue medical instructionstoo far in advance because the medical results would likely expire before the applicationis ready for a final decision and a new medical examination would have to beconducted at the applicant’s cost.

Work Permit Access for Spouses of Post-Graduate Work Permit Holders to Cease?

2012-01-06T11:46:00.000-08:00

Government response to questions regarding changes in policy disallowing work permits to the spouses of post-graduate work permit holders:

CIC has been reviewing the policy as it relates to workpermit access for spouses of post-graduate work permit holders. Until such time as that policy reviewis concluded, the existing temporary foreign worker (TFW) guidelines wouldcontinue to apply. As you know, once an international student graduates, he orshe falls under the TFW stream and would no longer be categorized as aninternational student. As such, in these cases, whether the spouse of apost-grad work permit holder is eligible to receive an open work permit isdependent on the skill level of the principal applicant.

If the post-grad workpermit holder is in a high skilled occupation (NOC 0, A, B), the spouse may beeligible to receive an open work permit, valid to the duration of the principalapplicant’s own work permit. Note that there are exceptions to the skill leveldetermination such as whether the principal applicant is a provincial nominee,or if there is a relevant provincial/territorial pilot program in place.

As always, the onus is on the applicant to demonstrate therelationship to the principal applicant, as well asthe principal applicant’s skilled occupation. It is vital that applicantsprovide sufficient supporting documents to facilitate the decision-makingprocess.

Comments Re Temporary Foreign Worker Regulations

2012-01-04T14:09:00.000-08:00

CIC recently had the following comments regarding compliance, best "Substantially the Same" practices, & random audits:

To date, CIC has not refused any workpermit applications based on the "Substantially the Same" provisions of the new Temporary Foreign Worker (TFW) regulations.

CIC does not conduct random STS auditson employers as there must be an active work permit application in progress before an STSassessment can be completed.

If an employer hires TFWs, it would bea best practice to retain the following types of documentation in regards to the TFWsto be prepared to respond in the event of an STS assessment requiring additionalinformation.

· Payroll records

· Timesheets

· Overtime records

· Employment contract

· Job title and jobdescription

· Proof of benefitspaid

· Proof of enrolment inworker’s compensation

· Proof of payment fortransportation cost (airfare), and

· Location of employment

Happy New Year!

2012-01-04T13:54:00.000-08:00

We're excited to see what's in store in 2012 for Bellissimo Law Group and we will continue to keep you updated with news, announcements, policy/program changes & more in the year ahead!

Have a Prosperous & Healthy 2012!

Latest Immigration Appeal Division Updates: Stats, Facts and Processing Times

2011-12-20T17:13:00.000-08:00

The Central Region continues to absorb the majorityof the appeals filed at the IAD and has the largest inventory of the threeregions. The Eastern Region received 25% of the totalappeals, the Central Region received 47% and the Western Region received 28%.

This year, the IAD has remained relatively productivedespite a decline in member complement. The decision-maker complement averaged 30 in 2011-2012, 12% lesscompared with 2010-2011 (April to October). Another issue that has had animpact on productivity is the fact that IAD member resources need to becoordinated with and matched by CBSA Minister’s counsel resources. To maintain its productivity levels, the IADwill need to continue to make use of innovative adjudication and casemanagement strategies.

The significant downward trend in ADR resolutions(24% less in this fiscal year than last) has continued in the second quarter ofthis fiscal year. The IAD is currently working on new streaming guidelines forADR, and has begun discussions with CBSA at regional and national levels todiscuss the optimal use of ADR in achieving resolutions.

The total number of appeals waiting for a decision at the end of October 2011 is 11,736 (note that this includes 1,914 decisions where theIAD has ordered a stay of removal and where there will be a final review beforethe appeal is finalized). This reflects avery small increase (statistically insignificant) when compared to last fiscalyear.

Theaverage processing time for appeals decreased slightly to 11.1 months from 11.4months in the last quarter of 2010-2011.

Refugee Processing Times

2011-12-20T17:11:00.000-08:00

AVERAGE PROCESSING TIME

The RPD’s average processing time hasdecreased slightly, varying in recent months between 20 and 21.1 months. In 2010-11,it remained relatively stable at 22 months. In 2009-10, the average processingtime was 19.2 months. The RPD is continuing its efforts to finalize theoldest cases in its inventory. The Eastern Region has the longest wait time(27 months), because of the high volume of cases from Mexicoand Haiti in relation to the totalnumber of claims finalized. Processing times in the Central and Western regionsare 18 to 19 months.

Refugee Claims Awaiting A Decision . . .

2011-12-20T17:09:00.000-08:00

CLAIMS WAITING FOR A DECISION

The number of cases in theinventory continued to decrease in the first few months of 2011. After apeak of 61,700 cases in the fall of 2009, there were 48,300 at the end of March2011 and 42,232 at the end of September. In October 2011, however, an increasein the number of referrals and a decline in the number of cases finalizedincreased the national inventory by about 100 cases, bringing theinventory to 42,400 on October 31, 2011.

Mexico is still the top countryin the inventory, although the number dropped from 8,000 in March 2011 to lessthan 5,000 at the end of September. The inventory of cases from Haitifell from 3,140 to less than 1,800, also from March to September 2011. However,the recent sharp growth in claims from Hungaryincreased the number of cases in the inventory for that country from 3,800 to4,700 between March and September.

China and Colombiahave inventories of about 3,000 and 2,200 cases, respectively. In addition tocases from Haiti,the RPD has 1,000 cases in its inventory for the following countries: India,Namibia,Nigeriaand Sri Lanka. El Salvador,the Czech Republicand Saint Vincent and the Grenadines,whose inventories were more than 1,000 in early 2011, fell below the 1,000 markin early September 2011.

17600 Refugee Cases Finalized!

2011-12-20T17:06:00.000-08:00

RPD members finalized 17,600 claims between April andSeptember 2011, compared with 16,000 claims during the same period lastyear, and approximately 600 more than between October 2010 andMarch 2011.

As of March 31, 2011, 48,300 claims were pending. This number haddropped to 42,200 as of September 30, 2011.

New Chief Justice & Justice of the Federal Court

2011-12-16T15:28:00.001-08:00

JUDICIAL APPOINTMENTS

OTTAWA, December16, 2011 – Prime Minister Stephen Harper today announced the followingappointment:

The HonourablePaul S. Crampton, a judge of the Federal Court, is appointed Chief Justice toreplace the Honourable A.F. Lutfy who became a supernumerary judge on October1, 2011. Mr. Justice Crampton was appointed to the Federal Court in 2009.

http://pm.gc.ca/eng/media.asp?category=1&featureId=6&pageId=26&id=4546

OTTAWA, December 16, 2011 – The Honourable Rob Nicholson, P.C., Q.C., M.P.for Niagara Falls, Minister of Justice and Attorney General of Canada, todayannounced the following appointment:

The HonourableMary J.L. Gleason, a lawyer with Norton Rose LLP in Ottawa, is appointed ajudge of the Federal Court to replace Mr. Justice P.S. Crampton, who wasappointed Chief Justice on December 15, 2011.

http://www.justice.gc.ca/eng/news-nouv/ja-nj/2011/doc_32690.html

***

NOMINATIONSÀ LA MAGISTRATURE

OTTAWA, le 16décembre 2011 – Le Premier ministre Stephen Harper a annoncé aujourd’hui unenomination à la magistrature :

L’honorable PaulS. Crampton, juge de la Cour fédérale, est nommé juge en chef en remplacementde l’honorable A.F. Lutfy, devenu juge surnuméraire le 1^er octobre2011. Monsieur le juge Crampton avait été nommé à la Cour fédérale en 2009.

http://pm.gc.ca/fra/media.asp?category=1&featureId=6&pageId=26&id=4546&cachecommand=bypass

L'honorable Mary J.L. Gleason, avocate au sein du cabinet Norton Rose LLP,à Ottawa, est nommée juge à la Cour fédérale. Elle remplace Monsieur le jugeP.S. Crampton, qui a été nommé juge en chef le 15 décembre 2011.

http://www.justice.gc.ca/fra/nouv-news/nj-ja/2011/doc_32690.html

Live-in Caregivers Eligible for Open Work Permits Sooner!

2011-12-16T10:26:00.000-08:00

Following a year-long investigation by the Toronto Star into the exploitation of foreign live-in caregivers, the federal government has announced a new process change. They have reviewed files for all live-in caregivers who had met their obligations and submitted an application for permanent residence and decided to issue about 10,000 open work permits. These open work permits will allow live-in caregivers to move from one job to another after their employment commitment ends about 18 months sooner. Until now, live-in caregivers had to wait for an initial approval on their application for permanent residence before being eligible for an open work permit permitting them to move out of their employer’s home and seek jobs in other fields, if they wished.

The Government of Canada has taken action to protect live-in caregivers from abuse and exploitation with regulatory improvements implemented in the Live-in Caregiver Program in 2010 and the Temporary Foreign Worker Program in 2011. These changes include:

allowing live-in caregivers to apply for permanent residence after 3,900 work hours, rather than two years of work, to ensure overtime is appropriately recognized;
the elimination of the need for a second medical examination when the caregiver applies for permanent residence;
increasing the amount of time a caregiver has to complete their work obligations, from three years to four;
the adoption of a standardized employment contract that ensures both parties agree to the salary, hours of work, vacation time, overtime, holidays, sick leave, and the terms of termination and resignation;
defining the costs the employer is obliged to pay, including the caregiver’s travel expenses in coming to Canada, medical insurance, workplace safety insurance and third-party representative fees;
emergency processing of work permits and employer authorizations to hire live-in caregivers who have been abused and need to leave their employment immediately;
a dedicated phone service for live-in caregivers through the department’s Call Centre;
an assessment of the genuineness of the job offer, including confirmation that the caregiver would be residing in a private residence and providing child care, senior home support care or care of a disabled person in that household without supervision, as well as whether the employer has sufficient financial resources to pay the wages of the caregiver and whether the accommodations being provided are adequate; and
a two-year period of ineligibility from hiring foreign workers, including live-in caregivers, for employers who have failed to live up to the terms of past job contracts.

Federal Court of Appeal Renders Key Immigration Decision

2011-12-15T13:16:00.000-08:00

The Federal Court of Appeal recently rendered a key immigration decision regarding a Federal Skilled Worker appeal case:

In assessing points for education under section 78 of the Immigration and Refugee Protection Regulations, the visa officer does not award points for years of full-time or full-time equivalent studies that did not contribute to the educational credential being assessed. That is, visa officers must give credit only for those years of study which the national authorities identify as the norm for the achievement of the educational credential in issue.

Read the full decision here.

Informational Exchanges Between CIC & OBA #2

2011-12-15T12:28:00.000-08:00

Here are some more of the latest informational exchanges between the Ontario Bar Association Executive and Citizenship and Immigration Canada (Ontario Region):

Q1. What is thepolicy at the St. Clair office with respect to emergency restorations of statusrequested for applicants who have LMOs and want to apply at the US border fortheir work permit but they need to have status prior to leaving in order forthe POE to have jurisdiction?

Workpermit restorations are only processed urgently if the situation meets thecriteria outlined in the Emergency Processing Guidelines. Please see AttachmentC: Outline of Extenuating Circumstances included with the minutes from theDecember 2009 Meeting.

Q2. It is possible todiscuss the use of the local offices (such as St. Clair) to handle expeditedprocessing of work permits and study permits. Given the extremely longprocessing times at the CPC, the restrictive view taken by the CICs as to whatconstitutes as an urgency is becoming problematic. Is it possible to relax thecriteria or have a broader scope of criteria for consideration?

Localoffices are adhering to national policy and the criteria set out in OB 195a.The OBA is welcome to put forth examples of specific cases where this isproblematic and the Ontario Region will raise this at the national level.

Q3. Are there anyupdates on instructions CIC is giving CBSA re: work permit compliance andgenuineness of job offers?

CIChas not provided any new instruction to the CBSA concerning compliance and genuinenessassessment since the implementation of the April 1, 2011 TFW Regs.

Informational Exchanges Between CIC & OBA

2011-12-13T07:33:00.000-08:00

Here aresome of the latest informational exchanges between the Ontario Bar AssociationExecutive and Citizenship and Immigration Canada (Ontario Region):

Q1. Sincethe local office ultimately distributes PR cards, can you have any impact on PRCard renewals? For example: straightforward renewals, when there are no issuesof residency or elderly people who travel very little.

No; inthe Ontario Region the average processing time for PR Cards is 2 weeks from thedate of receipt at the local office to the date the letter of invitation goesout to clients.

Q2. Can CIC provide clarificationon what timeframe is assessed for residency obligation purposes by the localCIC once a PR card renewal application is considered after a referral fromSydney. Currently, at St. Clair CIC, it is taking over 12 months for theassessment to take place. Is that time frame calculated in the residencycalculation for the permanent resident? Assuming it is and the applicantclearly meets the residency obligation what further assessment, if any is done?

If at the time of the interview/assessment, theclient meets physical presence – at least 730 days in Canada, no otherresidency assessment will be done. Also, if the client has very recentlyreceived a residency determination overseas, no other assessment will be done.

Citizenship and Immigration Canada Going Paperless . . .

2011-12-07T10:06:00.001-08:00

Excepting applicants with special needs, CIC will no longer be mailing out application kits to applicants. Also pursuant to OB360 there be will no more active monitoring of entrepreneur conditions. Last, stay tuned for further legislation to be tabled re refugee reform.

Federal Court of Appeal Judicial Appointment

2011-12-07T10:04:00.001-08:00

The Department of Justice has announced that Justice Gauthier, currently of the Federal Court has been appointed to the Federal Court of Appeal, effective immediately.

Her appointment to the Federal Court of Appeal is to replace Justice Nadon who has elected to become a supernumerary judge.

Ken Sandu acting as Chairperson IRB

2011-12-07T09:56:00.001-08:00

Ken Sandhu is acting in Brian Goodman's absence who is currently on medical leave. We wish Mr. Goodman a speedy return.

Program & Process Changes Taking Effect Dec 1st

2011-12-01T12:56:00.001-08:00

It is December 1, 2011 and somemajor program and process changes that take effect today:

Elimination of Counterfoils for Approved Permanent Residence Applicantsfrom Visa-Exempt Countries
MODIFIED Operational Bulletin 348 – December 1, 2011
http://www.cic.gc.ca/english/resources/manuals/bulletins/2011/ob348a.asp

Super Visa for Parents and Grandparents now in effect
Links to OB357 and CIC webpage http://www.cic.gc.ca/english/resources/manuals/bulletins/2011/ob357.asp
http://www.cic.gc.ca/english/visit/supervisa.asp

PNPNominations and Quebec Skilled Workers applications for Permanent Residency arenow to be filed to the Central Intake Office in Sydney, NS
Links to CIC webpage for PNPand Quebec Selected Skilled Workers:
PNP http://www.cic.gc.ca/english/immigrate/provincial/apply-how.aspand http://www.cic.gc.ca/english/immigrate/provincial/apply-application.asp
Quebec http://www.cic.gc.ca/english/immigrate/quebec/apply-application.asp

Proposed Regulations Amending the Immigration and Refugee Protection Regulations (IRPR)

2011-12-01T07:57:00.001-08:00

As disclosed in Canada Gazette:

Bill C-35 came into force on June 30, 2011, amending the IRPR bymaking it an offence for anyone other than an authorized representative torepresent or advise a person regarding an application or proceeding under theIRPA. On the same day a ministerial regulation designating the ImmigrationConsultants of Canada Regulatory Council (ICCRC) as the new regulator ofimmigration consultants also came into force. The purpose of the ICCRC is tobetter protect applicants and enhance public confidence in the immigrationsystem. The proposed Regulations are intended to support these objectives andfurther their implementation in order to ensure the integrity of immigrationprograms. The proposed regulations are as follows:

permitthe Government of Canada to assume a greater oversight role over the bodydesignated to govern immigration consultants and help ensure the provision ofprofessional and ethical representation and services in the public interest;

protectpotential temporary and permanent resident applicants and refugee claimants byensuring that all representatives and the bodies that govern them are providingprofessional and ethical representation; and

balancethe applicant and the representative’s privacy interests with the need tomaintain the integrity of the process by establishing clear authority andparameters for the disclosure of personal information or information aboutwhich an individual may have a reasonable expectation of privacy.

This proposal would amendthe Regulations to permit CIC, the CBSA and the Immigration and Refugee Board(IRB) to disclose information to a governing body in cases where an alleged actor omission by a representative is likely to constitute a breach of thatperson’s professional or ethical obligations.

Citizenshipand Immigration Canada, the CBSA and the IRB would be authorized to discloseany information relating to a representative’s conduct, but — in the case ofany information identifying any other person — only if and to the extentnecessary for the complete disclosure of that conduct.

Furthermore, regulations are proposed pursuant to subsection 91(6)that would permit the Minister to require any designated governing body ofimmigration consultants to provide the Minister with information that could beused to assist in evaluating whether the designated body is governing itsmembers in the public interest so that they provide professional and ethicalrepresentation and advice.

The Regulations would require the governing body toprovide an annual package of documents for use in assessing its effectivenessand viability no later than 90 calendar days following the body’s fiscal yearend. The Minister may also require information from the governing body within10 days after receipt of a ministerial notice where it appears that the abilityof the designated body to govern its members in a manner that is in the publicinterest has been compromised.

To Remember is to Understand . . .

2011-11-29T01:09:00.001-08:00

1. The following passage is as true as it is elusive:

I oncegot a fortune cookie that said; “To remember is to understand.” I have never forgotten it. A good judge remembers what it was like to bea lawyer. A good editor remembers beinga writer. A good parent remembers whatit was like to be a child.

Anna Quindlen

Quote of the Day . . .

2011-11-29T01:05:00.001-08:00

1. Asa litigator the following quote is particularly appropriate if you substitutethe word “man with “lawyer”:

A successful man (lawyer) is onewho can lay a firm foundation with the bricks that others throw at him.

David Brinkley

Statement from Charles Sousa, Minister of Citizenship and Immigration (Ontario)

2011-11-26T23:23:00.001-08:00

November 26, 2011 2:29 PM

"I am disappointed and concerned with theHarper Government's short-sighted decision to cut support to Ontario's newcomersettlement agencies. Those cuts will make it harder for newcomers tofind jobs and contribute to Ontario's economy,at a time of global uncertainty when Ontarioneeds everyone at their best. I am urging the federal government to think twiceand make the right decision.

Ontario is the destination of choice for morenewcomers to Canadathan any other province. More immigrants settled in Ontariolast year than the rest of Canadacombined. That's been the case for generations. Until now, however, they couldcount on a Canadian government willing to do what it takes to help themsucceed.

For two consecutive years, the Harper Government has unfairly targeted newcomersettlement agencies in Ontario.Newcomer settlement agencies help these hard working families learn languageskills, find jobs, and integrate into Ontarioand Canadian life. I am concerned these unfair federal cuts could force thesevaluable agencies to shut their doors, locking out newcomers when they needhelp the most.

It is time for the Harper government to do the right thing and cancel cuts tonewcomer settlement agencies. Jobs and economic progress are at stake, andfailing to act will fail Ontario."

http://news.ontario.ca/mci/en/2011/11/statement-from-charles-sousa-minister-of-citizenship-and-immigration.html

Temporary Foreign Worker Program Under Review

2011-11-22T23:58:00.001-08:00

According to CIC, TFW – needs a review – ithas become too complicated. Program hasdoubled but how does it interact with employment insurance policies, regionaleconomic activity. Minister has concernsTFW filling permanent jobs, creating a sub class of low skill? Wage increases,requirements, prevailing wage rates, return of ELMO, longer LMOs – sectors havemany concerns and so changes coming again. Many factors to consider including 14% youth unemployment here in Canada.

Citizenship Updates

2011-11-22T23:55:00.001-08:00

CIC advised citizenship applicants must have a CLB 4 benchmark – adequate knowledge ofEnglish or French – ages 18-54 – standard must be met upfront at time of filing –return files otherwise – less citizenship hearings for judges to determinelanguage requirements. Current processing times – 18 months – justtoo long to find out do not meet requirements.

Exceptions to benchmark tests include PTSD,disability etc.

Government funded language training –accept a range of evidence – IELTS, TEF, CELP Intention to change the regulations

Australia and US have 6 months processingtimes – Canada hope to match

Bill C-37 not proceeding as of now.

PNP Centralized Processing

2011-11-22T23:38:00.001-08:00

The PNP has played a crucial role in meeting labourmarket needs and in spreading the benefits of economic immigration across thecountry. It is now the second largestsource of economic immigration to Canada and CIC will continue to provideprovinces and territories with a record amount of space in the immigrationprogram for 2012. The PNP gives provinces and territories an active role in immigrationselected based on their specific labour market needs and it is up to them tosubmit timely applications in order for CIC to reach annual admission targets.CIC plans to welcome 42,000 to 45,000 new people under the program in 2012;this number includes the nominees, their spouses and dependents.

Commencing December1^st PNP and Quebec skilled worker applications will be processed at CPO. March 1^st 2012 deadline for final implementation and receipt ofapplications – 2 year pilot project – will try to process in Canada completely– Pilot. Files include only those through Manilla & Buffalo not a 100%, for Quebec skilled workers,Buffalo, Paris, Bucharest

Super Visas for Parents and Grandparents

2011-11-22T23:32:00.001-08:00

Due to the two year moratorium which has beenplaced on new parent and grandparents sponsorships to alleviate the currentbacklog, the government has created a new “Parent and Grandparent Super-Visa”which comes into effect on December 1, 2011. The multiple-entry visa is validfor up to ten years and allows applicants to remain in Canada for up to twoyears without needing to renew their status. The visa take eight weeks onaverage to be issued and applicants are required to obtain private Canadianhealth insurance for the duration of their stay. Additional features include:

Applicants need to undergo medicals and families still need tomeet LICO
CIC does not want a huge uptake on H&C andasylum claims or the program will likely be cancelled
Visas applies to all persons even from visaexempt countries
No fee for applicants from visa exemptcountries
No one is excluded from applying but still must meet admissibility requirements like needfor ARCs

Latest Immigration Updates

2011-11-22T23:24:00.001-08:00

This has been a very busy month with many days away from the office including several days in Ottawa for meetings on behalf of the Canadian Bar Association with our various stakeholders (Service Canada, Citizenship & Immigration Canada, Canada Border Services Agency, Department of Justice and Case Management) and have a few interesting items to report in a series of posts. So here we go:

CIC will process 240-265,000 visas this year. CIC made a case to increase the levels to Minister Kenney but he wanted to maintain current levels. The numbers of applicants in the spousal/common law category has declined. There is currently no backlogs and no policy change upcoming. There will also be no changes to the H&C program.

Cut immigration applications to fix backlog, Kenney says

2011-10-20T21:44:00.000-07:00

See story at http://www.cbc.ca/news/politics/story/2011/10/20/pol-kenney-immigration-cut-applications.html#storybody

A couple of years ago I wrote in a few articles and was also quoted in a story in the Toronto Star Newspaper that I predicted family class applicants would eventually be capped. This article suggests not only will sponsoring parents for example be capped but additional requirements including potentially the posting of bonds to cover health costs etc may be imposed.

Will there be a rush to file the applications in one day to ensure an applicant submits the application on time like in the investor category this past year? Demand is clearly outweighing supply and so the need to prepare timely, fulsome and complete applications has never been more critical.

Recent Immigration Statistics Speak Volumes . . .

2011-10-20T14:34:00.000-07:00

There is no doubt economic categories have increased at the expense of other categories including family class. Within the business numbers though it becomes clear provincial programs are king.

Business Line - Applications Received for Permanent Residents (in Persons)
	CALENDAR YEAR					YEAR TO DATE
	2006	2007	2008	2009	2010	2010 (Jan-Jun)	2011 (Jan-Jun)	% Change
Federal Skilled Workers	208,701	213,745	189,636	148,073	142,067	122,072	23,913	-80%
Quebec Selected Skilled Workers	30,654	33,460	34,612	38,463	37,495	18,021	12,505	-31%
Federal Business Immigrants	12,720	15,096	23,256	32,367	40,675	37,833	3,156	-92%
Quebec Business Immigrants	4,739	6,029	5,987	5,951	9,067	4,907	2,469	-50%
Provincial/Territorial Nominees	18,695	24,688	38,104	38,533	52,163	29,379	10,233	-65%
Live-in Caregivers	9,030	13,036	18,167	20,652	12,418	6,947	678	-90%
Canadian Experience Class	0	0	1,077	7,320	7,750	4,034	201	-95%
Economic Class	284,539	306,054	310,839	291,359	301,635	223,193	53,155	-76%
Spouses, Partners, Children and Others	69,567	72,431	67,982	64,204	57,835	30,571	25,530	-16%
Parents and Grandparents	18,990	32,606	29,777	16,121	17,202	10,138	3,665	-64%
Family Class	88,557	105,037	97,759	80,325	75,037	40,709	29,195	-28%
Government Assisted Refugees	11,305	11,788	10,735	11,095	8,021	4,392	3,752	-15%
Privately Sponsored Refugees	8,425	9,108	10,820	10,258	11,714	6,379	1,935	-70%
Protected Persons in Canada	11,144	6,751	7,387	11,844	13,284	6,748	2,742	-59%
Dependants Abroad	4,985	5,497	3,124	4,502	4,173	2,217	1,840	-17%
H&C and Public Policy	15,174	13,764	11,976	11,879	10,134	5,815	667	-89%
Permit Holders	114	137	206	160	118	53	11	-79%
Humanitarian Class	51,147	47,045	44,248	49,738	47,444	25,604	10,947	-57%
Other*	22	39	28	20	166	55	25	-55%
Total	424,265	458,175	452,874	421,442	424,282	289,561	93,322	-68%
Source: CIC Operational Databases, 2nd Quarter 2011
* Other includes: deferred removal orders, post-determination refugee claimants, missing and/or invalid data

CBA offers critique of Bill C-10 to Parliamentary committee

2011-10-18T20:40:00.000-07:00

From the Canadian Bar Association (Immigration Section):

October 18, 2011

Members,

The Canadian Bar Association has made submissions expressingserious concerns about Bill C-10, Safe Streets and Communities Act.

This CBA critique of Bill C-10,which is nearly 100-pages, was a joint submission by the National CriminalJustice Section, the National Immigration Law Section and the National CivilLitigation Law Section.

Attached for your reference arelinks to the CBA Submission and the CBA News Release issuedyesterday.

http://www.cba.org/CBA/submissions/PDF/11-45-eng.pdf

http://www.cba.org/CBA/News/2011_Releases/2011-10-17-omnibus-critique-eng.aspx

I want to thank all members of theNational Immigration Law Section who assisted in providing analysis and commenton various portions of these Submission, in particular Mario Bellissimo, GordonMaynard, Dennis McCrea, Deanna Okun-Nachoff, and Kyle Hyndman. As well, athank you to Tamra Thomson, our Law Reform Liaison, who helped coordinate ourinput on these submissions.

Thank you all.

Joshua

Joshua B. Sohn | Chair

National ImmigrationLaw Section | Canadian Bar Association

Cost of Immigration Court Cases . . .

2011-10-12T08:45:00.000-07:00

Fighting a negative citizenship & immigration decision as well as refugee cases obviously costs money to cover legal fees, research, filing fees, photocopying & all the related disbursements. Costs vary depending upon the complexity of the case and as a whole in the world of law compared to civil cases, family and criminal matters for the most part immigration lawyers work on limited budgets given many clients' resources. If a client is on legal aid the budget is further reduced.

Despite the smaller budgets the cases are no less complex and the budget the government opposing the case has available is inevitably larger than that of the client. In an interesting article today in the National Post there is discussion of the cost to revoke the citizenship of an individual. Although this was a large scale case to give you some idea in seeking cost recovery from the client:

. . . he was given a bill for more than $300,000 - including $223,484 indisbursements, $56,505 in legal fees, $21,015 for a researcher, and more than$10,000 for transcripts and court services and unspecified travel costs forfour government lawyers and translation.

Most clients are lucky if they have 1/100th of that budget to work with in challenging a decision! To read the article see http://www.nationalpost.com/news/cost+being+stripped+citizenship/5530116/story.html

Cost of Pardons on the Rise?

2011-10-11T20:04:00.000-07:00

Interesting article about the Conservative government wanting to quadruplethe cost of applying for a pardon from $150 to $631! This is a fee that couldbe totally out of reach for many. Will there be flexibility taking into account anoffender's social circumstances?

http://www.ctv.ca/CTVNews/Canada/20110929/pardon-fees-conservative-government-ottawa-110929/

A Numbers Game? Serious Immigration Questions

2011-10-07T14:04:00.000-07:00

So the debate surrounding the numbers of immigrants to admit annually and under what categories is again heating up. As I discussed in my piece in the Embassy Magazine last week the emphasis is clearly economic which is not a panacea. Any limits on family class admission is always an emotional topic. Here is an interesting piece on the topic:

http://www.metronews.ca/toronto/canada/article/984668--government-to-tackle-immigrant-waiting-lists--page0

Decision upholds solicitor-client privilege

2011-10-07T10:13:00.000-07:00

This just in from the Canadian Bar Association. A very important decision for preserving the confidential nature of lawyer-client communications:

In aSeptember 2011 decision, the B.C. Supreme Court held that provisions of thefederal Proceeds of Crime(Money Laundering) and Terrorist Financing Act and relatedregulations are constitutionally invalid to the extent that they apply to legalcounsel and law firms. At issue was a government proposal to require lawyers tocollect and maintain records on the identity of their clients when acting asfinancial intermediaries on behalf of clients.

TheFederation of Law Societies of Canada challenged the government proposal andCBA intervened. The decision underscores the importance of solicitor-clientprivilege and confidence in our system of justice. It also serves to strengthenthe role of self-regulation, recognizing that law societies are best situatedto regulate the conduct of lawyers because they can do so in the publicinterest, while at the same time maintaining protections for solicitor-clientprivilege.

The CBA wasrepresented on a pro bonobasis by Ron Skolrood of Lawson Lundell LLP.

Federation of LawSocieties of Canada v. Attorney General of Canada, 2011 BCSC 1270

Provincial Nominee Certificate Refusals: Any Relief?

2011-09-26T23:15:00.000-07:00

In the upcoming issue of Immquest we explore appellate relief in the PNP stream. The article asks the following questions:

The CanadianProvincial Nominee Program (PNP) is now a popular and well entrenched categoryfor permanent residence to Canada based upon a foreign national’s ability tobecome economically established in Canada. Given that a PNP Certificate does not conferlegal immigration status, nor does it guarantee that a subsequent applicationfor permanent residence will be approved can a negative decision be challenged? If so, what is the legislativeauthority?

GOVERNMENT OF CANADA INTRODUCES THE SAFE STREETS AND COMMUNITIES ACT

2011-09-20T21:12:00.001-07:00

TORONTO, September 20, 2011 – Today, the Honourable Rob Nicholson, P.C., Q.C., M.P. forNiagara Falls, Minister of Justice and Attorney General of Canada introducedthe Safe Streets and Communities Act,comprehensive legislation that will target crime and terrorism and providesupport and protection to victims of crime.

“I am proud today to announce thatour Government has fulfilled its commitment to Canadians to bring forwardlegislation to make our streets, families and communities safer,” said MinisterNicholson. “We campaigned on a promise to get tough on child sexual offenders,crack down on illegal drug trafficking, and improve the overall efficiency ofour judicial system. Canadians gave us a strong mandate to bring forward thesereforms.”

“Canadians want an immigrationsystem that treats people fairly. We will not allow our immigration system tobe misused by those who prey on the vulnerable,” added the Honourable Jason Kenney, M.P. forCalgary Southeast and Minister of Citizenship, Immigration andMulticulturalism. “With this bill, officers will be able to stop situations ofabuse and exploitation before they happen.”

The Safe Streets and Communities Act re-introduces the followingreforms which were debated by Parliament during the previous session but neverbecame law:

· The ProtectingChildren from Sexual Predators Act (former Bill C-54), which proposesincreased penalties for sexual offences against children, as well as createstwo new offences aimed at conduct that could facilitate or enable thecommission of a sexual offence against a child;

· The Penaltiesfor Organized Drug Crime Act (former Bill S-10), which would targetorganized crime by imposing tougher sentences for the production and possessionof illicit drugs for the purposes of trafficking;

· Sébastien’sLaw (Protecting the Public from Violent Young Offenders) (former Bill C-4),which would ensure that violent and repeat young offenders are held accountablefor their actions and the protection of society is a paramount consideration inthe treatment of young offenders by the justice system;

· The EndingHouse Arrest for Property and Other Serious Crimes by Serious and ViolentOffenders Act (former Bill C-16), which would eliminate the use ofconditional sentences, or house arrest, for serious and violent crimes;

· TheIncreasing Offender Accountability Act (former Bill C-39), which wouldenshrine a victim’s right to participate in parole hearings and address inmateaccountability, responsibility, and management under the Corrections and Conditional Release Act;

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· The EliminatingPardons for Serious Crimes Act (former Bill C-23B), which would extend theineligibility periods for applications for a record suspension (currentlycalled a “pardon”) from three to five years for summary conviction offences andfrom five to ten years for indictable offences;

· The KeepingCanadians Safe (International Transfer of Offenders) Act (former Bill C-5),which would add additional criteria that the Minister of Public Safety couldconsider when deciding whether or not to allow the transfer of a Canadianoffender back to Canada to serve their sentence;

· The Justicefor Victims of Terrorism Act and related amendments to the State Immunity Act (former Bill S-7),which would allow victims of terrorism to sue perpetrators and supporters ofterrorism, including listed foreign states, for loss or damage that occurred asa result of an act of terrorism committed anywhere in the world; and

· The Preventingthe Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act(former Bill C-56), which would authorize immigration officers to refuse workpermits to vulnerable foreign nationals when it is determined that they are atrisk of humiliating or degrading treatment, including sexual exploitation orhuman trafficking.

By bringing forward thislegislation, the Government is demonstrating its commitment to ensuringcriminals are held fully accountable for their actions and that the safety andsecurity of law-abiding Canadians and victims comes first in Canada’s justicesystem.

An online version of thelegislation can be found at www.parl.gc.ca.

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Ref.:

Pamela Stephens
Press Secretary

Office of the Minister of Justice
(613) 992-4621

Media Relations

Department of Justice

(613) 957-4207

Julie Carmichael Media Relations

Public Safety Canada Public Safety Canada

Press Secretary (613) 991-0657

Office of the Minister ofPublic Safety

(613) 991-0657

Candice Malcolm Media Relations

Press Secretary Citizenship and Immigration Canada

Office of the Minister ofCitizenship and Immigration Canada (613)952-1650

(613) 954-1064

(Version française disponible)

Internet: www.canada.justice.gc.ca