Canada Not Ready for New Wave of Asylum Seekers Canada is not ready to handle a second wave of asylum seekers who may be fleeing the United States, especially when the Temporary Protected Status (TPS) is going to expire between January and March 2018. In August alone, 5,712 refugee claimants arrived in Canada, which calculates to an 82 per cent jump from July. Quebec saw 5,530 people cross at Roxham Road B.C. saw 102 people Manitoba saw 80 people through In total, 13,211 people have entered illegally into Canada since the beginning of 2017. Roxham Road has been the point of entry for 11,896 of the 13,211. In an effort to limit the next wave of asylum seekers, the federal government has dispatched Montreal Liberal MP Pablo Rodriguez who took a trip to Los Angeles to meet with lawmakers, diplomats, immigration advocates and members of the Latino community to spread a message that Canada was no automatic safe haven for migrants, if they choose to make their way to our border. If you have any questions regarding requirements needed for asylum, citizenship, or general immigration inquires please contact our Toronto Immigration Lawyers, or call us directly at 416-449-1400. By: Nicolas Di Nardo “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, ImmigrationSeptember 20, 2017June 18, 2020
Highly-skilled foreign workers and tech industry look to Canada There has been an on-going debate as to whether expedited visa programs for highly-skilled foreign trained workers are salutary from a domestic labour point of view. One perspective decries them as facilitating domestic job theft, while an alternative perspective recognizes that such visas are necessary to fill glaring gaps in the domestic labour pool. The United States has affirmed the former position; whereas recent changes to Canada’s immigration policy support the latter. The American visa system for highly-skilled foreign workers, the H-1B visa, has a cap of 85,000. This cap is intended to prevent foreign workers from usurping well-paid jobs from Americans, in a protectionist, America-first philosophy. This perspective, coupled with pervasive uncertainty in future immigration trends in the Trump presidency, has caused certain industries dependent on highly skilled labour to look for opportunities elsewhere. Canada’s official position on highly skilled foreign workers is much more inviting. There is no cap on the number of visas, there is certainty in work permits, and, as of June 2017, Canada has adopted the Global Skills Strategy, to facilitate and expedite the entry of such individuals. This new programme has made bringing in foreign talent more accessible and timely, and it reduces costs for employers. Employers will benefit from the transparency of the programme, in knowing what the precise requirements for entry are, as well as being able to adapt their plans given the speedy two week decision-making period. These diverging perspectives are changing the international flow of labour with respect to the tech industry. Not only is the tech industry reliant on a high level of skill and specific talent, it is also especially reliant on foreign workers, particularly those from India. Large multinational corporations are seeking opportunities to have subsidiaries or satellite offices in Canada in order to benefit from a more favourable immigration policy. As well, tech start-ups are increasingly looking to Canada as a place to form their businesses. These Canadian offices are geographically close to their American counterparts, often in the same time zone, to facilitate easy cross-border collaboration. Additionally, the employees may feel more secure, given the accessibility of longer stays and permanent residency, and, potentially, citizenship for themselves and their families. This favorable immigration environment is conducive to the ever expanding tech industry. The majority of tech workers in the tech hubs, such as Silicon Valley, are foreign workers. And these innovative workers drive production and grow the economy. Investing and supporting the tech sector through inviting foreign workers actually creates domestic jobs rather than eliminating them, as these entrepreneurial tech positions create growth and expand companies and their need for more employees. The new Global Skills Strategy recognizes that Canada presently lacks the domestic talent to satisfy the demand in these industries. The new program is paving the way for Canadian cities to become more competitive in the lucrative tech through including highly skilled foreign workers. If you are an employer looking to hire a highly-skilled foreign worker, or you are a highly-skilled worker looking to come to Canada, or for any other immigration-related matters, please contact our Immigration lawyers today. For any other inquiries, browse our website, or call us directly at 416-449-1400. By: Samantha Hamilton, Student-at-Law “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, ImmigrationAugust 25, 2017June 19, 2020
Canadian Government Launches the Global Skills Strategy By: Katelyn Bell, Summer Law Student On June 12 of this year, the Government of Canada announced the commencement of the Global Skills Strategy. The program was originally announced back in November, 2016. The Global Skills Strategy Programme is designed to assist employers to attract foreign workers with top-talent and innovative skills in an effort to help Canadian companies thrive, grow and ultimately, create more jobs. “When companies in Canada can thrive and grow, they create more jobs.” The intent of the Global Skills Strategy is to provide employers with a faster and more predictable process for attracting top-talent and new skills to Canada. Under the Strategy, in most circumstances and for managerial and professional occupations, lengthy visa processing delays no longer await highly-skilled workers coming to Canada. Canada’s ambitious two-week turnaround for processing work visas and permits brings a greater level of certainty to both workers and employers. The two-week service standard also applies to immediate family members accompanying highly-skilled workers to Canada. The Strategy also introduces work permit exceptions. Highly-skilled workers who need to come to Canada for a short-term work assignment no longer require a work permit. Eligible workers are permitted one 15 consecutive day work permit-exempt stay in Canada every 6 months, or one 30 consecutive day work permit-exempt stay every 12 months. Researchers taking part in short-term research projects also do not require a work permit. Rather, researchers are allowed one 120-day stay every 12 months with no work permit, if they are working on a research project at a publicly funded degree-granting institution or affiliated research institution, such as a University. Other changes brought forward by the Strategy include: * A dedicated service channel for employers making a significant investment to Canada. This channel helps employers navigate the immigration application process. The channel gives employers access to an account manager, who will assess the employer’s needs, answer questions, and provide guidance. and * The creation of Global Talent Stream for skilled occupations in shortage and for employers with unique talent needs. The Global Talent Stream is available to two categories of employers: Category A: Firms in Canada that are referred to the Temporary Foreign Worker Program’s Global Talent Stream by an Employment and Social Development Canada (ESDC) Designated Partner because they are innovative and can demonstrate a need to hire unique and specialized temporary foreign workers in order to scale-up and grow. Category B: Firms in Canada that need to hire foreign workers for highly skilled in-demand occupations found on ESDC’s Global Talent Occupations List where there is insufficient domestic labour supply. Reports indicate that since the official launch of the Strategy, Canada has been quite successful in recruiting new workers and talent. This is not however surprising, given the reputation Canada has for good quality of life, in tandem with the current political climate in the United States. If you are an employer looking to hire a highly-skilled foreign worker, or you are a highly-skilled worker looking to come to Canada, or for any other immigration related matters, please contact our Immigration lawyers today. For any other inquiries, browse our website, or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, ImmigrationAugust 16, 2017June 19, 2020
Legal Limbo By: Samantha Hamilton, Student-at-Law There is a gap in the deportation system, and it is being filled with indefinite detention. But is this acceptable? A recent decision from the Federal Court says yes, the gap is a misapplication of an appropriate, acceptable law. Alvin Brown spent five years in immigration detention before his deportation order could successfully be carried out. Once deportation has been ordered, immigration detention can be ordered to keep the individual in custody until the date of deportation. Such detention address the evil of individuals not showing up on their deportation dates, where CBSA estimates that there are over 40,000 such individuals in Canada. In response to this, interim detention can be ordered to keep individuals in custody and ensure that they are in fact deported. However, this is not always the linear progression. The problem arises when individuals have been given a deportation order, yet do not meet the formal, legal requirements for deportation, often because they lack formal identity papers for their former countries to repatriate them. What results in this situation is a state of limbo, indefinite detention. In order to deport an individual there needs to be a receiving country, which is supposed to be the individual’s place of birth. However, some people do not have adequate formal documentation to satisfy a recipient government of their nationality or birth place. Recipient countries will not accept such individuals without confirmation of their identity. An individual may lack adequate identification for a variety of reasons, such as a lack of record of their birth, or leaving their birth country at a young age without bringing any documentation, posing an issue of accuracy of identification. Reviews of prolonged detention are to occur every 30 days, but without any movement on the identification of the nationalities of these individuals, such reviews maintain the detention status. While immigration detention is meant as a mechanism to facilitate deportation, in these situations it can become vexatious and quasi-punitive. Some individuals frustrate this process as they refuse to sign their identity paperwork, such as in the case of Michael Mvongo. But others were seemingly innocent, as they happen to be born in countries that are refusing to recognize their births, such as in the cases of Alvin Brown, Ebrahim Toure, and Kashif Ali. The UN has recommended a 90 day cap for detainees. Other countries have set this as the maximum period of immigration detention, but Canada has not. In 2016 there were multiple reports of hunger strikes by detainees holding out for such a cap, with three of them lasting over two weeks. As of yet, the potential for unlimited detention can persist in Canada. Devry Smith Frank LLP is a full service law firm that can assist you with any need. We have a very experienced group of immigration lawyers that are ready to assist you in any capacity. If you require representation, please contact our immigration lawyers today, or if you have any questions you may contact our office directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, ImmigrationAugust 15, 2017June 19, 2020
Gateway to Canada: Roxham Road By: Nicolas Di Nardo Desperate migrants are still making a run for it to Canada’s border. Since Trump took over the highest office, a tiny dead end on Roxham Road looks to have become the favourite non-official border crossing for tons of people looking for refuge. On Sunday alone, approximately 400 people crossed over the border using Roxham Road, according to U.S. and Canadian officials. Every person to cross at Roxham Road, enters Canada with the hope that it will be the answer to their problems, most of which stem from the current political climate in the United States. What they probably don’t expect, is to be greeted by the Royal Canadian Mounted Police (RCMP) and Canada Border Services Agency (CBSA) officers with handcuffs, ready to arrest them. However, they are only cuffed for a moment, now that Canadian police have set up a reception centre in the Saint-Bernard-de-Lacolle area of Quebec, so that migrants can be processed, given food, and assistance to help prepare their applications for refuge. They even have shuttle busses ready to transport everyone, and will soon be adding electricity and portable toilets. Just this week, they have also started to add tents to accommodate more people, and are looking to add lighting and heat. Interestingly enough, even though these migrants are entering Canada at an unofficial location (not a legal port of entry), they are legally allowed to request refugee status as a result. A little quirk in the application of the law has caused this, but whoever was the first to come to this realization, using Roxham Road as an entry point, had to have done some research beforehand. If they were to try to enter Canada from the U.S. using a port of entry, they would have been denied entry and told to apply for refugee status in the U.S. as a result. The law, under the 2002 Safe Country Agreement between Canada and the U.S. states that if migrants are seeking asylum, they must apply to the first country they arrive in. Since people are entering Canada through a non-official point of entry, they are not being denied or told to turn back, instead, they are given the opportunity to apply for refugee status. Many Migrants have decided to seek refuge in Canada because of Trump’s bans and clear dislike of majority-Muslim countries, because they do not see the U.S. as they used to, as a safe haven. Instead, Canada has now become their idea of a safe haven. Taking a chance and staying in the U.S. with the risk of being sent back to their respective countries was not attractive for many, and the risk they took to get to Canada and cross the border was and is a better option. A number of migrants have said that they are seeking a better life, and if they are forced to go back, they will be in more trouble than they are currently. With the increase in numbers of people entering Canada, last week it was announced that shelter will be available in Montreal’s Olympic Stadium, however, if people would like to go on their own and seek their own housing, they are welcome to do so. If they require assistance, they are also able to reach out to the government. For now, until their applications are processed and approved, they are free to live in Canada and do what they choose. If you have any questions regarding requirements needed for asylum, citizenship, or general immigration inquires please contact our Toronto Immigration Lawyers, or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, ImmigrationAugust 10, 2017June 19, 2020
Bill C-6 and a Smoother Path to Canadian Citizenship By: Katelyn Bell, Summer Law Student Bill C-6, an Act to Amend the Citizenship Act and make consequential amendments to another Act, was introduced in Parliament on February 25, 2016. Nearly sixteen months later, on June 19, 2017, the Bill received Royal Assent. In other words, as of June 19, 2017, the Bill is now law. However, not all of the changes introduced by Bill C-6 have taken legal effect. Many changes will not take effect until Fall 2017, while others will come into force in early 2018. The introduction of the Bill brings about many positive changes, and provides benefits to thousands of Canadian immigrants. Of the changes ahead, most notable is that permanent residents of Canada may apply for citizenship sooner than they were previously able. There are many other very positive changes to the Citizenship Act brought forth by Bill C-6, including, but not limited to, the following: Equal treatment under the law: Dual citizens living in Canada who are convicted of treason, spying and terrorism offences can no longer have citizenship revoked, but rather, will face the Canadian justice system, like any other Canadian citizens who break the law. Effective June 19, 2017. More flexibility for Canadian immigrants: Applicants no longer have to declare on the application form an intention to continue living in Canada once they are granted citizenship. Effective June 19, 2017. Minors can apply for citizenship without a Canadian parent: The age requirement for citizenship has been removed. Further, a person who has custody of a minor can now apply for citizenship on behalf of the minor. Effective June 19, 2017. Accommodations for those with disabilities: It is now codified law that reasonable measures must be taken to accommodate the needs of a citizenship applicant who is a disabled person. Effective June 19, 2017. Less stringent time requirements: Applicants will be required to be physically present in Canada for 3 out of 5 years before applying for citizenship. Under the previous Act, the requirement was 4 out of 6 years. Additionally, the requirement that applicants must be physically present in Canada for 183 days in 4 out of 6 years preceding their application will be repealed. Effective Fall 2017. Prior time spent in Canada counts toward citizenship: Applicants will be able to count each day that they were physically present in Canada as a temporary resident, or protected person, before becoming a permanent resident as a “half-day” toward meeting the physical presence requirement for citizenship, up to a maximum credit of 365 days (1 year of the 3 year requirement). Effective Fall 2017. Income tax filing: Applicants must file Canadian income taxes, if required to do so under the Income Tax Act, for 3 out of 5 years (rather than 4 out of 6). This requirement matches the new physical presence requirement. Effective Fall 2017. Relaxed age requirements: Applicants between 18 and 54 years of age (previously those between 14 and 64) must meet the language and knowledge requirements for citizenship. Effective Fall 2017. Seizure of fraudulent documents: Under the Citizenship Act, there will be clear authority for Citizenship Officers to seize fraudulent or suspected fraudulent documents. Effective early 2018. Federal Court authority: The Federal Court, as opposed to the Minister, is the decision-maker in all citizenship revocation cases, unless the individual requests that the Minister make the final decision. Further, individuals will have a right to appeal the decision if their citizenship was revoked because of fraud. Effective early 2018. Without question, the changes introduced by Bill C-6 are positive in nature. In reversing many of the changes to the Citizenship Act introduced by the previous Conservative Government, the Liberals have made their position on immigration crystal clear — “A Canadian is a Canadian is a Canadian.” (- Justin Trudeau in spar with Harper over the right to revoke citizenship (2015)). Not only are the changes under Bill C-6 contrary to the Conservative agenda, but the Liberal government’s approach to immigration in general is in stark contrast to President Trump’s approach in the United States. As Canada becomes more generous, the U.S. continues to crack down on immigration. If you have any questions regarding Bill C-6 changes, or are in need of an immigration lawyer, please contact Devry Smith Frank LLP’s immigration lawyers today, or contact our office directly at 416-449-1400 for more information. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, ImmigrationJuly 18, 2017June 25, 2020