Author: Cassandra Fultz, RCIC-IRB

Cassandra specializes in Canadian immigration cases pertaining to Procedural Fairness Letters (PFL), post-deportation Authorization to Return to Canada (ARC), Study Permits, PR Card Renewal on Humanitarian and Compassionate Grounds, Criminal Rehabilitation, Temporary Resident Permits, Canadian citizenship, Family Sponsorship, and Visitor Visas. She advocates for her clients with an impressive success rate, including for applications with prior refusals.

How Long Can I Stay In Canada As A Visitor?

Date Posted: 2021/05/20

Usually, 6 months. However, how long you can stay in Canada as a visitor once you have entered the country is at the discretion of Canada Border Services Agency (CBSA). NOTE: How long a visitor visa is valid has absolutely no impact on how long a person can remain in Canada – the validity period of a visa in a passport is permission for boarding a plane or crossing the Canadian border only, and does not impact how long the holder can remain in Canada.

If you are a permanent resident or citizen of Canada, then of course you never have to leave. If you are a worker or student, then you have to apply to extend your status or leave Canada prior to the expiry date of your work permit, study permit, or before the date you have been advised by Canada Border Services Agency if you are allowed to work or study without a permit.

The rules are not always as straightforward for a visitor.

How long a visitor can remain inside Canada is determined by CBSA upon the person’s entry to Canada. Nearly every visitor is allowed to stay for a maximum of 6 months once they have entered Canada. However, this is not a universal rule.

When Visitors Must Leave Before 6 Months Is Over

CBSA will ask questions to every person who enters Canada. If the person is a visitor, CBSA can determine that they are only allowed to stay for a certain period of time. This period of time may be less than 6 months if the CBSA officer believes that the visitor may not leave Canada when they are supposed to. In this case, the CBSA officer would issue the visitor what’s called a Visitor Record at the time of their entry. A Visitor Record is a paper document indicating the expiry date of the person’s visitor status, and the visitor must either leave Canada by that date, or must submit an application to extend their visitor status by that date.

As long as the application to extend is submitted on or before the expiry date of their status, the person may continue to remain in Canada legally until a decision is made on their extension application. This is called implied or maintained status. You can find more information about implied/maintained status here.

When Visitors Can Stay In Canada Longer Than 6 Months

Just as CBSA can force a visitor to leave sooner than 6 months, they can also allow a visitor to stay for longer than 6 months. This is most common when visitors are entering with their spouse or common-law partner who is a Canadian citizen or permanent resident. For example, when the couple plans to submit a sponsorship application in the near future, CBSA will sometimes allow the foreign partner to be issued a Visitor Record for 12 months.

Super Visa

If the visitor is the holder of a Super Visa for parents and grandparents of Canadian citizens and permanent residents, then they are allowed to enter Canada for up to 2 years at a time rather than up to 6 months at a time. They can also apply for an extension of up to 2 years from inside Canada.

Applying for a Visitor Record from Inside Canada

Regardless of how long you have been allowed to enter Canada for as a visitor, you can always submit an application to extend your status. This is the case regardless of whether you have been given 6 months, 12 months, 90 days, or 1 week to stay in Canada as a visitor. As long as you apply to extend before your status expires, then you are still legally in Canada.

In order for a visitor extension application to be approved, the applicant needs to be able to demonstrate why they need to stay in Canada longer (such as to submit their In-Canada sponsorship application), and that they have the money to support themselves without working, as well as meeting the other eligibility requirements.

If your application to extend visitor status is approved, then a Visitor Record will be issued and sent to you via Canadapost. Then you can apply to extend your status as a visitor again if necessary – you may continue to apply to extend your status as a visitor indefinitely until the application is refused. It is possible to remain in Canada as a visitor for years. However, if you receive a visitor record that is valid for only 30 days (or less) by the time it is approved, this is a warning that you are remaining in Canada for too long as a visitor and that the next application to extend will likely be refused.

What if I am the spouse or common-law partner of a Canadian citizen or permanent resident?

Being the spouse or partner of a Canadian citizen or PR does not confer any special privileges in terms of how long you can remain in Canada. All of the above information still applies to you, and you can continue to apply to extend your stay from within Canada. You can also apply for permanent residence from within Canada under the spouse or common-law partner in-Canada Class.

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Tags: Visitor Status, visitor visa

Can an American Citizen Make a Claim for Refugee Protection in Canada?

Date Posted: 2021/04/27

Citizens of any country in the world are allowed to make a claim for refugee status in Canada, including Americans.

However, the circumstances for an application for refugee status made by an American national to be approved are exceptionally limited. Out of 642 claims for refugee status made in 2018 by US citizens, only 2 were approved.

Referred to Refugee Protection	Accepted	Rejected	Abandoned	Withdrawn & Other	Pending
642	2	294	30	72	398

The United States and Canada are signatories of the Safe Third Country Agreement, a bilateral agreement which establishes both nations as safe places for refugees to seek protection. The Supreme Court of Canada has found the Safe Third Country Agreement to be unconstitutional just this year, however it is still in place at this time. This is important because it is the legal establishment of both nations as places so safe that they will not accept refugee claims from people already present in either nation. The agreement has been in place for nearly 20 years.

While it is not impossible for an American to make a claim for refugee status in Canada, their personal circumstances would have to be absolutely dire for there to be any chance of approval.

The legal basis for a claim for refugee or protected person status is outlined in sections 96 and 97 of the Immigration and Refugee Protection Act:

Convention refugee

96 A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,

(a) is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themself of the protection of each of those countries;

What this means is that if you have a well-founded fear of actual persecution, such as violence, imprisonment, because of your race, religion, sexual orientation, political opinion, nationality, or membership in a particular social group then you have a basis to make a claim for refugee status in Canada.

What this does not mean is that you have a legal basis for a refugee claim because one candidate or another won the United States presidential election.

Person in need of protection

97 (1) A person in need of protection is a person in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally

(a) to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or

(b) to a risk to their life or to a risk of cruel and unusual treatment or punishment if

(i) the person is unable or, because of that risk, unwilling to avail themself of the protection of that country,

(ii) the risk would be faced by the person in every part of that country and is not faced generally by other individuals in or from that country,

(iii) the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and

(iv) the risk is not caused by the inability of that country to provide adequate health or medical care.

What this means is that if you were to be sent back to your country of nationality, and you would be tortured or subject to cruel and unusual punishment, you would have a legal basis for a claim for protection.

What this does not mean is that you have a legal basis for a claim for protection because you are not happy with the current social situation in the United States.

If you are in danger of persecution or at risk of torture, then you should seek protection.

If you are an American citizen and want to move to Canada, but you are not in an appropriate situation for seeking protection, contact us to determine if a you may be eligible for permanent or temporary residence in Canada.

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Tags: refugees, united states

Public Policy to Allow Permanent Residence for Essential Workers and Recent Graduates

Date Posted: 2021/04/15

Temporary Resident to Permanent Resident Pathway

On April 12, IRCC made a huge announcement that 90,000 essential workers and recent graduates of Canadian post-secondary schools will be allowed to apply for permanent residence through a one-time application program via a public policy called the Temporary Resident to Permanent Resident Pathway.

The covid-19 pandemic has led to a shortfall of Canadian immigration targets as, despite a draw for over 27,000 applicants eligible for Canadian Experience Class in February 2021, applicants for PR from outside Canada have not been invited to apply for several months. IRCC has not done a draw for Federal Skilled Worker candidates in the Express Entry pool since December 23, 2020.

Who Can Apply?

This new one-time application program for essential workers applies to workers with a minimum of 1 year of work experience in Canada across all NOC codes, including both unskilled (NOC D) and semi-skilled (NOC C) as well as the usual skilled NOC positions.

Workers who never have the option to apply for federal immigration programs will be able to submit an application for PR such as:

cashiers
shelf stockers
order fillers
salespeople
service station attendants

Other important types of essential workers who will be eligible to apply include

truck drivers
heavy equipment operators
construction and trades labourers
landscaping labourers
nannies and home child care providers
some factory workers
security guards
butchers
some airline workers

The essential worker PR program also covers healthcare workers such as

doctors
dentists and dental assistants
degistered and Psychiatric Nurses
pharmacists
dieticians and Nutritionists
massage therapists
social workers
counselors

This list is not exhaustive. Click here for the full list of eligible healthcare occupations and NOC codes, and click here for the full list of non-healthcare essential occupations and NOC codes .

Family Members of Essential Workers and Recent Graduates

Applicants for PR under the essential worker and recent graduate program will also be able to include their family members on their application for PR including spouses or common-law partners and dependent children who are living either inside or outside Canada.

Program Start Date and End Date

Applications for the essential worker and recent graduate PR program may be submitted beginning May 6, 2021. The final date that applications will be accepted is November 5, 2021.

Number of Applications to be Accepted (Cap) – English Language Applicants

Healthcare Workers (Stream A): A maximum of 20,000 applications will be accepted

Other Essential Workers (Stream B): A maximum of 30,000 applications will be accepted

Recent Graduates: A maximum of 40,000 applications will be accepted

It appears that applications will be accepted on a first-come, first-served basis rather than a lottery. However, this has not yet been confirmed by IRCC.

French language applicants are not subject to any cap.

Requirements

	Essential Workers	Recent Graduates
Mandatory Work Experience	1 year in an eligible job inside Canada	None
Mandatory Education	None	Must have graduated from a DLI no earlier than 2017 AND Must have completed eligible study
Mandatory Language Ability	CLB 4	CLB 5
Mandatory Location/Status	Inside Canada with valid status	Inside Canada with valid status
Mandatory Current Employment	Must be employed	Must be employed
Intended Destination May Not Be Quebec

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Tags: covid-19, recent graduates

Common-Law Partnership FAQs for Immigration

Date Posted: 2021/04/06

Am I considered common-law partners with my boyfriend or girlfriend for immigration?

In order to be considered common-law partners on a Canadian immigration application, the most important requirement is that the two romantic partners have lived together for at least one year (365 days). NOTE: YOU DO NOT NEED TO TAKE ANY ACTION OR FILE ANY DOCUMENTATION WITH THE GOVERNMENT IN ORDER TO BE CONSIDERED TO HAVE COMMON-LAW STATUS WITH YOUR PARTNER – IT IS AUTOMATIC ONCE ONE YEAR HAS PASSED.

To meet the threshold for common-law, this year of cohabitation can have occurred

inside Canada
outside Canada or
a combination of inside and outside Canada.

Both heterosexual and homosexual couples can become common-law partners under Canadian immigration law. There is actually no difference between a same-sex and opposite-sex common-law couple for the purpose of Canadian immigration.

In addition to having lived together for at least one year, common-law couples also have to meet other requirements. To determine whether a common-law relationship is genuine, immigration officers look at whether the couple:

is in a monogamous, serious relationship with one-another
is physically and emotionally interdependent on one-another
participates in a shared social life
is financially interdependent on one-another, either through sharing expenses or financial support

Can we still be common-law if we live together with another person?

It’s extremely common for couples to live together with roommates or family members. Frequently young couples will remain in the apartment where they met as roommates or move in with family members to save money. Living together with another person does not have any impact on your status as common-law partners as long as your relationship meets the requirements outlined above.

In fact, it is also important to understand that if you are in a romantic relationship with a flatmate, it could be possible for IRCC to believe that you are actually common-law partners. If you do not declare someone as your common-law partner on your immigration application, you can both be considered to have misrepresented (lied), which can result in a procedural fairness letter, a refusal, or possibly a bar from becoming a permanent resident of Canada.

Do I have to declare on an immigration application if I have a common-law partner?

You absolutely do. If you do not declare your common-law partner, then you can be found to have misrepresented and possibly lose your chance to immigrate to Canada.

Are we common-law if we spend the night at each other’s house frequently?

No. If each of you maintains your own separate residence, even if you hardly spend any time there, then you are not common-law partners; you are simply dating. In order to be considered common-law partners, you both have to go “all in” on a single residence and cement your lives together in the ways outlined above.

Are we considered common-law partners if we are engaged to be married?

Only if you have lived together for one year and meet the other requirements listed above. If you do not live together but are engaged to be married, you are not common-law partners.

How long can we spend apart and still remain a common-law couple?

Even though there is a minimum amount of time that you need to live together to be considered common-law partners – a period of one year – there is no specific amount of time that you need to live apart to no longer be considered common—law partners if your relationship is still intact. Of course, if the relationship has broken down and one partner has either moved in with or married someone else, then the common-law relationship is over. However, even if two partners who have previously lived together for one year now live apart, whether they are going to continue to be considered common-law partners depends on the factors outlined above and is at the discretion of the immigration officer.

Am I still common-law with my partner if we don’t have a joint bank-account?

This is a very common question. For some reason, people believe that a joint bank account is the be-all, end-all of being in a common-law partnership. If your relationship reflects the factors outlined above for showing the interdependence of your lives, and you have lived together for a period of at least one year, then you are common-law partners regardless of whether you have a joint bank account.

Do we need to file paperwork to be considered common-law for immigration?

No – if you have lived together for at least one year and your relationship meets the requirements outlined above, then you will legally be considered common-law partners in Canada automatically. As part of a sponsorship or other immigration application, you may complete a statutory declaration of common-law union. However, this is for immigration purposes only and is not a legally binding document otherwise.

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Tags: common-law, common-law sponsorship

Guide to Canadian Language Benchmarks and Language Tests for Express Entry

Date Posted: 2021/03/30

If you saw the Canadian Experience Class (CEC) draw on February 13, 2021 then you know that for the first time ever, the lowest CRS score was 75. This means you have no excuse anymore. It’s anyone’s game. Time to submit your Express Entry (EE) profile!

As you put your profile together, you’ll earn points in the Comprehensive Ranking System (CRS). These points turn your qualifications, experience and a few other things into a simple number that make it possible to rank against different candidates, irrespective of their country of origin.

Some of the points are pretty straight forward (single 22yr old = 110 CRS points, every time). But the language portion can be kind of confusing (IELTS 6.5 and CELPIP 8 reading are both CLB 8). It’s not impossible to understand though. We’ve outlined some important points here that will hopefully help you understand how to understand your language test results and how they influence your CRS score.

Language Tests for Express Entry

Canada has two national languages (English and French). When assessing CRS scores or applying for one of the federal immigration streams for Express Entry, there is no preference of English or French as the Official First Language. All the tests, regardless of language, assess the same four abilities: Speaking, Listening, Reading, and Writing. The tests take multiple hours to complete and in some cases can require multiple sessions (the speaking portion is occasionally booked separately). For people skilled enough to be bilingual, the highest test score is considered to be their First Official Language. Having a score above a CLB/NCLC 5 in the second language can earn an applicant up to 24 additional CRS points.

The tests are all scored according to their own rubrics but those results have been translated by Canada into corresponding Canada Language Benchmark (CLB)/ Niveaux de Compétence Linguistique Canadien (NCLC) scores.

English Language Tests for Express Entry

IELTS
CLB Level	Reading	Writing	Listening	Speaking
10	8.0	7.5	8.5	7.5
9	7.0	7	8	7
8	6.5	6.5	7.5	6.5
7	6.0	6	6	6
6	5	5.5	5.5	5.5
5	4	5	5	5
4	3	4	4.5	4.0

IELTS https://www.ielts.org/

The earliest form of the International English Language Testing System (IELTS) was created in the 60s. It was designed for international students who wanted to study in the United Kingdom. Since then, it’s evolved and been modified to better suit a truly international clientele (meaning: they do their best to avoid regional slang). The results are recognized in many English speaking countries and it is likely to be the easiest test to access outside of Canada. Previously, IELTS was an entirely paper-based test. However, some testing centers are being upgraded to administer the computerized version as well.

There are two versions of the IELTS test, General (IELTS-G) and Academic (IELTS-A). For immigration to Canada, be sure to select the General option.

CELPIP
CLB Level	Reading	Writing	Listening	Speaking
10	10	10	10	10
9	9	9	9	9
8	8	8	8	8
7	7	7	7	7
6	6	6	6	6
5	5	5	5	5
4	4	4	4	4

CELPIP https://www.celpip.ca/

The Canadian English Language Proficiency Index Program (CELPIP) test was tailor-made for the purpose of immigrating to Canada. (This is why the results line up so neatly with the CLB scores) The test was designed by Paragon Testing Enterprises, a subsidiary of University of British Colombia. There are a number of testing centers across Canada, however, at present, there are only a handful of international centers. These can be found in select locations within the USA, UAE, Singapore, Philippines, China, and India.

French Language Tests for Express Entry

TCF Canada Equivalency
NCLC Level	Reading	Writing	Listening	Speaking
10	549-699	16-20	549-699	16-20
9	524-548	14-15	523-548	14-15
8	499-523	12-13	503-522	12-13
7	453-498	10-11	458-502	10-11
6	406-452	7-9	398-457	7-9
5	375-405	6	369-397	6
4	342-374	4-5	331-368	4-5

TCF Canada https://www.france-education-international.fr/tcf-canada

Test de connaissance du français pour le Canada (TCF Canada) is a test that is administered by Centre

International d’Etudies Pedagogiques (CIEP). Created in 1945, CIEP is a branch of the French Ministry of National Education in France. It seeks to promote French language education around the world and ensure that French language teachers are appropriately prepared. A number of French language tests are available through CIEP, however, only the TCF Canada is approved by IRCC for immigration to Canada. As an international company, they have locations all over the world. Check their website to find the location nearest to you.

TEF Canada Equivalency
NCLC Level	Reading	Writing	Listening	Speaking
10	263-300	393-450	316-360	393-450
9	248-262	371-392	298-315	371-392
8	233-247	349-370	280-297	349-370
7	207-232	310-348	249-279	310-348
6	181-206	271-309	217-248	271-309
5	151-180	226-270	181-216	226-270
4	121-150	181-225	245-180	181-225

TEF Canada https://www.lefrancaisdesaffaires.fr/tests-diplomes/test-evaluation-francais-tef/tef-canada/

Created in 1958, Le français des affaires is a long-standing pioneer in professional certification and training in French. Their test for immigration to Canada was developed and approved in 2002. TEF tests written before March 1, 2020 are acceptable for immigration purposes. On or after March 1, 2020, only the TEF Canada test is accepted. Testing centers can be found across the world, but not all locations offer the TEF Canada test. Be sure to check their website to locate the office closest to you that offers the TEF Canada test.

For information on which tests are acceptable for immigration to Quebec, please see https://www.immigration-quebec.gouv.qc.ca/en/immigrate-settle/temporary-workers/stay-quebec/application-csq/workers-peq/language-requirements.html

How long are language test results valid for Express Entry applications?

For application for Permanent Residence, test results are only good for 2 years. For Canadian citizenship applications, language test results used previously for your immigration or citizenship application do not expire.

Keep in mind that your Express Entry profile is valid for 12 months, so you should be sure that your results will be valid for the length of the profile’s potential time in the pool. (Although, with any luck you’ll be issued an invitation to apply [ITA] long before the profile expires.) If your results are likely to expire soon, it’s advised that you re-take the test and update your profile with the new results.

When it comes to your results, unfortunately, you can only use the results from one test. You cannot combine the best results from different categories from different attempts at the test.

When you’re instructing the center to deliver your results, be sure to have them sent directly to you. A copy of your results get sent with your completed application. Keep the originals in a safe place, as IRCC may ask for them later.

Which language test for Express Entry is easier?

Honestly, it’s hard to say. All the tests assess the same criteria and Canada has adjusted the scores so that the results are comparable across the different assessments. Individual test takers may find one test easier than another, but that comes down to the individual and can’t reliably be predicted. The best advice we can give is to study as much as you can and do your best on your test day.

Is there a benefit to being assessed in both languages?

Actually, yes, there is! If you have a passable fluency in French or English, it’s definitely worth having it formally assessed. Beyond the bonus CRS points, being able to demonstrate that you’re bilingual may make your profile more attractive in a number of ways. Two Provincial Nomination Programs (PNPs) outside of Quebec target French speakers. As of this writing, both New Brunswick and Ontario PNPs have streams that prioritize applicants who are bilingual. If you receive a provincial nomination, your EE profile gets a game-changing 600 points added to it! After that, you’re all but certain to get an ITA.

Ontario’s Express Entry French-Speaking Skilled Worker stream targets high-skilled workers who have achieved a minimum of NCLC 7 in French and a minimum CLB 6 in English. In most other ways, the program aligns with the Federal Skilled Worker program or the Canadian Experience Class program (applicants decide which criteria they are assessed against). You can learn all about the specifics of the program at: https://www.ontario.ca/page/ontarios-express-entry-french-speaking-skilled-worker-stream

The New Brunswick Strategic Initiative Stream targets “French-speaking workers with the skills, education and work experience to contribute to New Brunswick’s economy, and who are ready to live and work in New Brunswick permanently.” NCLC 5 or higher is required for this program, with no stated minimum CLB score. Eligibility criteria are set in such a way as to make it possible for the most number of people to qualify. If you’re considering calling New Brunswick home, have a look at their website and see if you meet the other eligibility criteria: https://www.welcomenb.ca/content/dam/wel-bien/pdf/strategic_initiative_guide-e.pdf

But let’s say you’ve got your heart set on living in British Colombia and they don’t have a French-speaker stream. Is there still a benefit for you to take that second test? Again, yes! In those cases, in addition to the extra CRS points, being able to demonstrate a proficiency in French will certainly make you a more appealing applicant when applying for jobs. If you can get your prospective employer to support your PR application with an LMIA supported job offer, you there’s a chance you could earn upwards of 50 additional points for your CRS application.

It’s only to your benefit to have even your middling abilities formally assessed and included in your profile.

What about people with a disability? Is there any accommodation available for an Express Entry language test?

If a physical or mental disability is preventing you from completing a section of the test, IRCC has a tool on their website that can help you determine what score to put in the missing field. You’ll need to include a letter explaining why one of the scores was not assessed in your results. To find the tool and a template for the letter to include with the results, see: https://www.cic.gc.ca/english/immigrate/skilled/language-tool.asp

It is also possible to be granted accommodations by the test administrators when taking the language test. Common reasons for accommodations include dyslexia, hearing impairment, visual impairment, and others.

Express Entry Language Test Usage

The CLB score is used on the EE profile twice. First in the language category, then, if it’s above a CLB 7, it can earn you more points under the Skills Transferability Factors which can help you earn up to 100 extra points.

The CLB score also comes into play when applying for different Federal and Provincial programs. For some programs it contributes to an over-all score (similar to the CRS) and for others programs it’s a minimum that needs to be met.

For many people, their language score is the fastest way to improve their overall CRS score. Getting a degree or additional experience can take years. However, improving your language score can be achieved with several weeks of studying alone or with the help of classes or a tutor and then retaking the test.

Hopefully this has helped you to better understand how your language score can help you get an invitation to apply (ITA).

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https://www.canada.ca/content/dam/ircc/migration/ircc/english/pdf/pub/language-benchmarks.pdf

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/language-requirements/test-equivalency-charts.html

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/language-requirements/language-testing.html

Tags: clb, Express Entry

Can I Appeal a Refused Study Permit or Visa Application?

Date Posted: 2021/03/21

The short answer is “No,” however there is still an option when a study permit or visa application has been refused.

Applications for Canadian immigration always have a remedy for an officer’s decision to refuse the application. However, the option to seek a remedy is usually not an “appeal.”

Canadian Immigration Appeal Rights at the Immigration and Refugee Board

The right to appeal a decision on a Canadian immigration application stems from section 63 of IRPA, the Immigration and Refugee Protection Act. This section of the law gives an extremely limited group of people (usually permanent residents of Canada) the right to dispute a refusal by appealing it to the Immigration and Refugee Board of Canada.

However, refusals on applications like work permits, study permits, visitor visas, temporary resident permits, and even In-Canada sponsorships DO NOT allow the right of appeal. If one of these applications is refused, then the applicant has the right to ask the Federal Court to review the decision. This is called “Judicial Review.”

Judicial Review – a Constitutional Right for Refusals

If your application for a study permit, visitor visa, or work permit is refused, then you can ask the Federal Court to review the decision and determine whether the decision was reasonable. An application for Judicial Review has two steps:

Step 1 is the application for “leave.” If you are seeking leave for judicial review, then you are asking the court for permission to bring your case to them. The court does not hear any case simply because there is a refusal.
Step 2 is the actual request for judicial review of the case. If leave is granted, then the court will hear the applicant’s argument that the officer’s decision to refuse the application was unfair.

The federal court can determine that a refusal of an immigration application was unfair for the following reasons:

An error in law (the decision did not follow the law)
An error in fact (the decision did not take into account facts and evidence which were presented)
An error in law and fact
The decision was patently unreasonable

If an application for a study permit, visitor visa, work permit, inland sponsorship, or any other type of application which does not allow for the right of appeal is refused, then the applicant has the right to ask the court to review the decision.

How To Win a Judicial Review

If the court finds that the decision was made incorrectly, the application will be returned to the visa office and will go back into processing for a different officer to make a decision. Even if the applicant won at the Federal Court, the application could still be refused for a different reason. Because of this, it is extremely important that if your application is refused, you consider if it would be in your best interest to submit a new application or take the fight to court.

If an application has less than excellent supporting documents, or if the arguments are not completely sound, it is almost certainly in the applicant’s best interest to submit a new application to address the officer’s concerns in the refusal letter rather than seeking leave for judicial review. A new application can be approved because it has addressed all of the gaps and problems in the original application, even though the original application was refused. If you are unsure why the application was refused because the reasoning was not clear in the refusal letter, then you can apply for the officer’s notes in the GCMS system for the detailed reasons for refusal.

Given the cost of an application for leave for judicial review, which typically starts around CAD$7,000, it is in the applicant’s best interest to be sure that they are right and that the court is likely to agree before proceeding. Sometimes, there is no other option besides judicial review as a new application cannot likely overcome a singular and highly discretionary reason for refusal such as “I do not believe you will leave Canada at the end of your stay due to the purpose of your visit.” If your application has already addressed all concerns at length and with substantial evidence, there is a good chance you will never come to Canada unless you seek leave for judicial review.

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Tags: refusal

Updated IRCC Processing Times: Covid-19

Date Posted: 2021/03/11

As hundreds of thousands of people both inside Canada and outside Canada have experienced over the past year, covid-19 has had an extremely negative impact on Canadian immigration processing times.

The processing time has increased by many months for all applications across the board, including spousal sponsorship, work permits, study permits, visitor visas, and everything in between. Unfortunately, the IRCC website has not been updated to accurately reflect all processing times. If you call the IRCC phone number, a recording will advise you that processing times on the website are inaccurate.

We have created the chart below in an effort to give a more accurate list of Canadian immigration processing times as they currently are due to the impact of covid-19. Please note that these figures are averages based on our clients’ experiences and are in no way an official update by IRCC.

Type of Application	Processing Time Before Covid-19	Current Processing Time on IRCC Website	Average Processing Time Experienced by Doherty Fultz Immigration Clients
In-Canada Class Sponsorship – Acknowledgement of Receipt Email	6 – 12 weeks	N/A	3 – 11 months
In-Canada Class Sponsorship Application – Final Decision	6 – 12 months	12 months	12 – 18 months
Family Class Sponsorship – Acknowledgement of Receipt Email	6 – 12 weeks	N/A	3 – 11 months
Family Class Sponsorship – Final Decision	8 – 12 months	12 months	12 – 18 months
Work Permit Submitted Within Canada	3 – 4 months	66 days	6 – 10 months
Work Permit Submitted Outside Canada	1 – 4 months (average depending on location)	1 – 63 weeks	3 – 12 months
Express Entry PR Application – Final Decision	6 months	6 months	8 – 14 months
Bridging Open Work Permit (BOWP)	2 – 3 months	66 days	4 – 5 months OR approximately 10 days
Extension or Restoration of VISITOR Status	2 – 4 months	203 days	4 – 7 months
Extension or Restoration of WORKER Status	3 – 4 months	66 days	6 – 9 months
Extension or Restoration of STUDENT Status	1 – 3 months	64 days	1 – 3 months
Grant of Canadian Citizenship	9 – 12 months	12 months	24 months
Proof of Canadian Citizenship Application	6 months	5 months	6 – 9 months
PR Card Renewal Application	30 days	86 days	7 months
First PR Card	4 – 6 weeks	118 days	2 – 5 months

IRCC Application Backlog: Covid-19

IRCC largely makes decision on applications in the order they were received. However, this sometimes changes when a backlog grows too large such as the ones we are experiencing right now. Sometimes, when there is a backlog of applications, IRCC will begin a new policy to speed up processing as of a certain date. However, applications received prior to that date remain in the backlog and take longer to process than those received after the new, speedier processing has been put in place. This is why sometimes an application submitted more recently will receive a decision before an application submitted many months prior.

While IRCC has put some measures in place to help people during the pandemic, such as extending the restoration period beyond 90 days and allowing workers to work while waiting for their work permit, there are still many people who have been strongly impacted by these processing times.

Processing times for work permit restorations have reached nearly 9 months for some clients, who have been forced to remain out of work for that time.

Family sponsorship applications were not opened or accepted into processing for 6 months in 2020, leading to a backlog of over 50,000 applications. In our experience, most clients whos applications were submitted from February 12 – October 31, 2020 have not received any correspondence about their application at all. This means that they have not been opened or gone into process yet. Around November 1, our office began to receive temporary file numbers and/or biometrics requests for applications being submitted after this date. However, many clients whose applications were submitted in the summer and have still received no Acknowledgement of Receipt.

There is no indication when processing times may return to normal.

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IEC Pool Reopening March 1 – Job Offer Now Required

Date Posted: 2021/02/24

Today International Experience Canada (IEC) announced via Twitter that the IEC pools for certain countries would be reopening on March 1, 2021. Due to Covid 19 the IEC pool has been closed since March 2020.

Job Now Offer Required Under Working Holiday

In order to be eligible to receive an invitation to apply under the working holiday program, applicants must have a job offer from a Canadian employer. Please note that this job offer does not require a LMIA, nor does it require a LMIA exempt job offer via the employer portal.

There are 4 steps outlined by IRCC to receive an ITA once the candidate has a Canadian job offer:

Send an email to IRCC at [email protected] advising them of the job offer
The email should include the subject “Working Holiday candidate with a job offer”
The body of the email should state:

I have a job offer in Canada and wish to receive an invitation to apply. My International Experience Canada application profile number is *[WXXXXXXXXX].
My information is:
- - Full name [as it appears on your passport—family name followed by given name(s)]
  - Date of birth [YYYY-MM-DD]
  - Country of residence
  - Date you created your IEC profile
  - Employment information: employer [name], located at [address], may be contacted at [telephone number or email].

4. The job offer should be attached to the email and include:

Business’s legal name and business’ operating name
Job title
Physical job location including city and province or territory
Main duties of the job
Expected start date of employment
Expected duration of employment
Employer’s primary contact information
Wage and hours of work

Citizens from the countries listed below who are eligible to participate in the Working Holiday, Young Professionals or the International Co-op program are advised to submit their IEC profile’s as soon as the IEC pool opens. Please be sure to check that the category you wish to apply under is eligible to submit an IEC profile.

Once again, this is an unexpected move from immigration and refugee and citizenship Canada (IRCC) as many suspected the IEC pool may not open at all this year. This news comes 10 days after the unexpected 27,000 Invitations to Apply (ITAs) under the Canadian Experience Class issued by IRCC.

This will come as welcome news to thousands of people from participating IEC countries whose plans and adventures have been put on hold due to the pandemic.

As of February 24, 2021, it states the following on the IEC webpage:

“The pools for certain countries for the 2021 season are opening soon.

Select your country from the drop-down menu below to see the schedule for the opening of your pool.”

Although applicants will once again be able to submit their profile and to the pool, there has been no indication as to when we can expect the first round of invitations and 2021.

Not All Countries’ IEC Pools Reopening

Canada has an international mobility agreement with 35 countries in total all, however as stated, the pools from certain countries are not scheduled to reopen as of yet. The pool will reopen on March 1, 2021 for 23 out of the 35 countries to participate in the IEC including:

Australia, Belgium, Chile, Czech Republic, Denmark, France, Greece, Hong Kong, Ireland, Italy, Japan, South Korea, Luxembourg, Norway, Portugal, San Marino, Slovakia, Spain, Sweden, Switzerland, Taiwan and the United Kingdom.

This is also great use for citizens of Hong Kong who wish to come to Canada their given the current political climate.

Working Holiday Visa

Working Holiday Program Opening Dates
Australia	March 1, 2021
Belgium	March 1, 2021
Chile	March 1, 2021
Costa Rica	March 1, 2021
Czech Republic	March 1, 2021
Denmark	March 1, 2021
France	March 1, 2021
Greece	March 1, 2021
Hong Kong	March 1, 2021
Ireland	March 1, 2021
Italy	March 1, 2021
Japan	March 1, 2021
Korea	March 1, 2021
Luxembourg	March 1, 2021
Norway	March 1, 2021
Portugal	March 1, 2021
San Marino	March 1, 2021
Slovakia	March 1, 2021
Spain	March 1, 2021
Sweden	March 1, 2021
Taiwan	March 1, 2021
United Kingdom	March 1, 2021

Austria	To Be Confirmed
Croatia	To Be Confirmed
Estonia	To Be Confirmed
Germany	To Be Confirmed
Latvia	To Be Confirmed
Lithuania	To Be Confirmed
Netherlands	To Be Confirmed
New Zealand	To Be Confirmed
Poland	To Be Confirmed
Slovenia	To Be Confirmed
Switzerland	Does Not Have a Working Holiday Program

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Tags: IEC, iec working holiday

Why Should I Become A Canadian Citizen?

Date Posted: 2021/02/01

Why Should I become A Canadian Citizen?

Becoming a Canadian citizen is the last step in your years long Canadian immigration journey! It’s taken lots of sacrifice to make it this far – leaving behind your family, friends, culture, and possibly even native language. This is the final step before applying for your Canadian passport and no longer having to track your time spent outside Canada.

You also never have to worry about being deported from Canada – now your home – due to unforeseen circumstances such as a petty criminal conviction.

Why can’t I stay a Permanent Resident?

There are no laws that say you must become a citizen of Canada as soon as you can. It is entirely up to the individual to make that decision.

It is extremely common for people to remain a permanent resident forever, and it is perfectly acceptable to do that.

Sometimes it is not possible to apply for Canadian citizenship. If you frequently travel outside Canada for your work, or you live outside Canada with your Canadian spouse, then you can continue to remain a Canadian PR and renew your PR card indefinitely. However, you will never be able to meet the residency requirement for Canadian citizenship.

You may also hold the nationality of a country which does not allow its citizens to hold dual citizenship through naturalization.

All the above are genuine common reasons not to become a citizen.

What is the benefit of becoming Canadian?

It is important to remember that as a Canadian citizen you are able to make a real change to Canada and your community.

As a Canadian you are entitled to vote, work for the government or even run for political office.. All of these things are a fantastic way of giving back to the country you decided to call home.

Becoming Canadian also means peace of mind. You will never be able to lose your status which means you can chose to travel as much as you like. You won’t have to renew your permanent resident card anymore. The only thing you will need is your Canadian passport.

The Canadian passport is ranked in the top 10 of the most valuable passports to have. You are visa free to visit 183 countries. If you also retain your birth country’s citizenship this makes travel even more appealing.

When you become Canadian you are also able to pass on your citizenship to any children you have outside of Canada.

Will I lose my existing citizenship if I become Canadian?

While most countries recognize dual citizenship, there are a few that still do not.

Canada does recognize dual citizenship, so if you become Canadian it does not mean you have to forfeit your other citizenship. However, if the country you are born in does not recognize it then they may make you relinquish that citizenship.

You must make sure you are aware of the rules and regulations of your country of birth with regards to dual citizenship.

If you chose Canada as your home then becoming Canadian is the final step to take and with one of the highest percentages of immigrants that obtain citizenship, the statistics speak for themselves.

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Tags: Become Canadian, Canadian Citizenship, pr card

Implied Status in Canada FAQs – A Comprehensive Guide

Date Posted: 2021/01/14

What is maintained status?

Maintained status is the new name for implied status as of 2021. The rules and application of implied status have not changed – only the name.

What is implied status?

When a temporary resident such as a worker, student, or visitor, who is Canada submits an application to extend their stay from inside Canada, BEFORE their status expires, and without leaving, they are considered to have implied/maintained status.

A person with implied status is allowed to continue the activity they were already doing in Canada under the same conditions as their original authorization allowed. Workers may continue to work, students may continue to study, and visitors may continue to visit.

Implied/maintained status is another way of saying “legal status inside Canada”. However, a person with implied status, even though they are still legally inside the country, does not have any specific document confirming that they are allowed to stay in Canada – their only proof of legal status is their previous status document + proof that they submitted an application to extend their temporary stay inside Canada such as online submission confirmation letter.

A status document is a document such as a:

Work Permit
Study Permit
Visitor Record
Temporary Resident Permit

Many visitors who enter Canada no longer receive a stamp when they are granted entry by CBSA. If you are a temporary resident such as a visitor, your passport stamp if you have one, or your flight itinerary if you do not have a stamp, is the confirmation of when you entered Canada and therefore when you are supposed to leave.

Implied/Maintained Status – What do the regulations Say?

Implied Status is governed by sections 183 and 186 of the Immigration and Refugee Protection Regulations:

183 Extension of period authorized for stay

(5) Subject to subsection (5.1), if a temporary resident has applied for an extension of the period authorized for their stay and a decision is not made on the application by the end of the period authorized for their stay, the period is extended until

(a) the day on which a decision is made, if the application is refused; or

(b) the end of the new period authorized for their stay, if the application is allowed.

This means that as long as a worker, student, or visitor has applied to extend their stay in Canada BEFORE their status expired, then they can continue doing whatever they were already authorized to do, under the same conditions which originally applied to their stay. AND, they may continue to do so until a decision is made on this application for extension no matter how long it takes for the decision to be made.

186 No permit required

(u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date;

For example, workers on an open work permit may continue working for their same employer, or they may begin working for a new employer or in a new position. Workers on an LMIA-specific work permit may only continue working in the same position and for the same employer that they were already authorized to work for.

Students may continue their studies in due course. If they were already allowed to work, they may continue to do so under the same conditions (20 hours per week during school session and fulltime while school is out). If the student was not allowed to work before their study permit expired, then they are still not allowed to work.

Visitors, who were never allowed to work may not begin to do so while they are on implied status.

What happens if I leave Canada on implied status?

Worker: If you are currently on implied status as a worker, then you can continue working under the original conditions in place when you entered Canada. If you leave Canada while on implied status as a worker, you will NOT be able to work in Canada when you return until your new work permit is issued.

Student: If you are currently on implied status as a student, then you can continue studying (and working if you were allowed with your study permit) until your new study permit is issued. If you leave Canada while on implied status as a student, you will NOT be allowed to study in Canada when you return until your new study permit is issued. The only exception to this is if you are a minor studying at the primary or secondary school level (in this case, you are allowed to study without a permit). If you are over 18 and/or studying at the postsecondary level, you will not be allowed to study until you receive your new study permit.

Visitor: If you are currently on implied status as a visitor, then you are not allowed to work or study anyway. If you leave Canada while on implied status as a visitor, then you will enter Canada again as a visitor the next time you return. Every time you re-enter Canada as a visitor, the time you are allowed to remain in Canada starts over from 0. While the final decision of how long you can stay is determined by Canada Border Services Agency when you enter, nearly everyone is granted the full 6 months allowed as a visitor. Leaving Canada while on implied status as a visitor has no negative impact on your status in Canada.

How long does implied status last?

There are several things which may bring an end to implied/maintained status:

The person with implied status leaves Canada – implied status only exists as long as the temporary resident remains inside Canada. If they leave Canada while on implied status, then their implied status is gone. They may be allowed to return to Canada as a visitor (assuming they have the requisite documentation such as eTA or visa), but they will not be allowed to continue working or studying even if they were previously a worker or student.

The application for extension is approved – once the application is approved, then the temporary resident no longer has implied status. Now they have actual status! Once they receive their new work permit or study permit they may now leave Canada for that long-awaited vacation and then continue their work or studies when they return.

The application for extension is refused – once the application is refused, then the worker or student must stop working or studying immediately as they no longer have authorization to do so. The temporary resident must leave Canada right away, or apply for restoration of their status if they are eligible. If they are no longer eligible for restoration, then they may be eligible to apply for a Temporary Resident Permit.

The application for extension was returned as incomplete – in this situation, you never really had implied status to begin with. In this situation, you must either apply to restore your status if eligible, or apply for a TRP.

Can I apply for a work permit or study permit while on implied/maintained status?

Yes! Assuming you are eligible to apply, you must have valid temporary status in Canada (such as worker, student, or visitor) in order to submit a new application for temporary status (such as work permit or study permit) from inside Canada. If you do not have valid status in Canada, then you cannot submit a temporary status application while inside Canada. If your status already expired, you would either need to apply to restore your temporary status (and wait for the restoration to be approved), or leave Canada and make your work permit or study permit application from outside Canada.

However, implied status is valid status, so you are able to apply to change conditions or for a new type of status such as a work permit or study permit from inside Canada if you are on implied status. Please note that this cannot be done if you have submitted an application to restore your status. If you have applied to restore your status, you will not have valid status again until the restoration is approved.

Contact us if you aren’t sure whether you have implied status or if you are eligible to submit an application from inside Canada.

Is work experience gained on implied status eligible for a PR application?

YES! As long as the worker was legally authorized to work in Canada, even if their application for work permit extension was refused, any work accrued up until the day of the refusal counts toward their PR application eligibility.

How do I get implied/maintained status?

You must submit an application to extend your stay or change conditions. This must be done

BEFORE your status expires, and
Almost always ONLINE (there are very limited circumstances which allow for paper applications)

Is implied status automatic when I submit an application for PR?

No – even if you have applied for permanent residence such as through sponsorship or express entry, you do not automatically acquire implied status in Canada. In order to continue to maintain valid (legal) temporary status in Canada, you need to submit an application to extend your status such as a bridging open work permit or visitor extension before your current temporary status expires, regardless of any application for permanent residence which has been submitted.

Can I become a permanent resident while I am on implied status?

Absolutely. Implied/Maintained status is legal status in Canada, so you can become a permanent resident under any PR stream while you are in Canada on implied status.

However, if you are out of status such as if your application for an extension were refused or returned, then you will likely need to leave Canada in order to become a permanent resident. Very few PR streams, such as Spouse or Common-Law Partner In Canada Class, will allow an applicant to become a PR while they have no legal status in Canada.

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Tags: implied status

When Visitors Must Leave Before 6 Months Is Over

When Visitors Can Stay In Canada Longer Than 6 Months

Super Visa

Applying for a Visitor Record from Inside Canada

What if I am the spouse or common-law partner of a Canadian citizen or permanent resident?

Convention refugee

Person in need of protection

Temporary Resident to Permanent Resident Pathway

Who Can Apply?

Family Members of Essential Workers and Recent Graduates

Program Start Date and End Date

Number of Applications to be Accepted (Cap) – English Language Applicants

Requirements

Am I considered common-law partners with my boyfriend or girlfriend for immigration?

Can we still be common-law if we live together with another person?

Do I have to declare on an immigration application if I have a common-law partner?

Are we common-law if we spend the night at each other’s house frequently?

Are we considered common-law partners if we are engaged to be married?

How long can we spend apart and still remain a common-law couple?

Am I still common-law with my partner if we don’t have a joint bank-account?

Do we need to file paperwork to be considered common-law for immigration?

Language Tests for Express Entry

English Language Tests for Express Entry

How long are language test results valid for Express Entry applications?

Which language test for Express Entry is easier?

Is there a benefit to being assessed in both languages?

What about people with a disability? Is there any accommodation available for an Express Entry language test?

Express Entry Language Test Usage

Canadian Immigration Appeal Rights at the Immigration and Refugee Board

Judicial Review – a Constitutional Right for Refusals

How To Win a Judicial Review

IRCC Application Backlog: Covid-19

Job Now Offer Required Under Working Holiday

Not All Countries’ IEC Pools Reopening

Working Holiday Visa

Why Should I become A Canadian Citizen?

Why can’t I stay a Permanent Resident?

What is the benefit of becoming Canadian?

Will I lose my existing citizenship if I become Canadian?

What is maintained status?

What is implied status?

Implied/Maintained Status – What do the regulations Say?

What happens if I leave Canada on implied status?

How long does implied status last?

Can I apply for a work permit or study permit while on implied/maintained status?

Is work experience gained on implied status eligible for a PR application?

How do I get implied/maintained status?

Is implied status automatic when I submit an application for PR?

Can I become a permanent resident while I am on implied status?

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