Canada Immigration

Travel to Alberta, Canada

2012-03-07T14:05:00.003-05:00

Here is an amazing video that shows off Alberta, Canada. Don't be surprised if it makes you want to hop on the next flight to Calgary.

Karen Kwan Anderson at the Commons Institute

2012-03-06T23:23:00.000-05:00

Karen Kwan Anderson

Canadian immigration lawyer Karen Kwan Anderson has been invited to speak at the Commons Institute on March 8, 2012.

Her presentation is entitled Professionalism in the Presentation of Cases and Best Practices in File and Record Keeping. Here is a copy of the agenda.

Congratulations to Karen, and we look forward to hearing about the conference.

How to Immigrate to Canada and the USA - Questions and Answers - Episode 8

2012-03-05T10:16:00.002-05:00

Have questions about immigrating to Canada or the USA? Pace Immigration lawyer Andy Semotiuk provides the answers.

Studying in Canada

2012-03-04T09:01:00.000-05:00

If you're thinking of studying in Canada, this video of Queen's University in Kingston, Ontario is pretty good. It shows what university life is like in Canada, as told by students. (Hint: it can be hard work, but it's a lot of fun).

Sergio Marchi at the Int'l Humanitarian Conference - Geneva, Switzerland

2012-03-01T08:36:00.003-05:00

Hon. Sergio Marchi

Sergio Marchi spoke today at the International Humanitarian Conference in Geneva. The theme of the conference was Refugees in Armed Conflict.

Mr. Marchi spoke on the efforts that were made to assist/move refugees and migrants from Libya last year, as an example and inspiration of how we better manage the migration dossier.

Here is an excerpt from the speech:

I have been interested and involved in the advocacy for a change in governance for the last several years. And one thing is very clear: it is critical for our political leaders and international policy makers to now begin the work of providing global migration, the global governance it needs and deserves, on an incremental, step-by-step basis.

We really must shift gears in how we approach and manage migration realities, in all of their different forms.

Increased human mobility is but a reflection of our globalized times. The number of international migrants has doubled since 1980 alone, reaching some 215 million people. Added to this, we have some 15 million refugees, about 15 million internally displaced people, and approximately 30 to 40 million undocumented migrants. As well, we must also take stock of the some 740 million people who are internal migrants, the vast majority of them moving from rural to urban centers.

That’s more than 1 billion people on the move. And this trend will only intensify.

Read the rest of Sergio Marchi's speech here.

Greek Crisis and Canadian Immigration

2012-02-13T16:13:00.002-05:00

James Metcalfe

by James Metcalfe - Pace Immigration: First it was Iceland, then Ireland, and now Greece. All have seen their economic bubbles burst, and the fallout has been an increase in unemployment and a tightening of credit to pay down accumulated debts. For the citizens of these countries, is emigration to Canada, Australia, or another country, the answer?

With a strong Icelandic community which can be traced back to the 19th Century, the province of Manitoba made a concerted effort to recruit Icelanders to meet their goal of growing their population through immigration. Considering the small population of Iceland, combined with a well established community of Icelanders in Manitoba, this was a natural strategy for Manitoba.

Similarly, Ireland has been exporting its citizenry for centuries. From the potato famines of the 19th century and earlier, Canada, the USA and Australia have been the favored places for the Irish to go to outside the British Isles. Times may not be as tough in Ireland because the Celtic Tiger, as the economy of Ireland came to be known, relied on Poles, Lithuanians and others from the former Eastern Bloc to provide the manpower to fuel the growth in their economy. When the economy collapsed, the first to go were the “guest workers." Due to Canada’s restrictive immigration policies and backlog of applications, Canada was not on the radar of these guest workers.

Recently, there has been some activity by companies in Western Canada in recruiting Irish skilled workers by participating on job fares in Ireland. The results are not known and probably will not show up for some time due to the delays in the system. In any event, I believe the numbers will be measured in the hundreds and not the thousands who are affected.

Greece has been dying a slow economic death for over a year, and only on February 12 did the end of the Grecian lifestyle reach reality. Greeks, too, have been migrants for centuries with sizable populations to be found in Montreal and Toronto in Canada. By far the most popular destinations for Greeks is Australia, with its more temperate climate. In 2011, the Australian government sponsored job fares in Athens recognizing the availability of a motivated and adaptable work force.

With Canada’s huge backlog of applicants who wish to come here, it is highly unlikely that the Canadian government will take any special measures to ease the selection criteria for Greeks, or take any other special measures. While we have had a number of inquiries from Canadians of Greek origin wishing to bring relatives to Canada, there has been no groundswell of applicants. The only option available to qualify under Canada’s restrictive regime is to arrange offer of employment either as Temporary or Permanent Workers. Unfortunately just having a relative in Canada is not enough to make a difference.

Immigrating to Canada and the US - Questions and Answers - Episode 6

2012-02-13T13:00:00.001-05:00

Here is the latest of our question and answer videos on immigration. If you are trying to immigrate to Canada or the USA, send us your questions and Andy will try to answer them for you.

Immigrating to Canada and the US - Questions and Answers - Episode 5

2012-02-07T10:14:00.001-05:00

Here's the latest episode of our immigration question and answer videos. Immigration lawyer Andy Semotiuk fields your questions from Twitter, Facebook, the blog, and all points in between.

Immigrating to Canada and the US - Questions and Answers - Episode 4

2012-01-25T10:44:00.001-05:00

Here is the latest edition of the speed round on US and Canadian immigration. Immigration lawyer Andy Semotiuk answers questions on green cards, work visas, spousal sponsorships, and more.

Thanks to everyone who wrote in. Be sure to send us questions for next week's video.

Immigrating to Canada and the US - Questions and Answers - Episode 3

2012-01-20T12:05:00.003-05:00

Immigration lawyer Andy Semotiuk answers questions from around the world on how to immigrate to Canada or the US. Here is the latest installment. Be sure to leave a comment on Twitter, Facebook, or the blog, and have your question answered.

Green Card Path Made Easier? Perhaps Not

2012-01-17T13:21:00.003-05:00

by Andy Semotiuk - Pace Law Firm: The recent news that the U.S. will enable illegal immigrants who are married to U.S. citizens to apply inside the country for a preliminary waiver is good news. Currently, illegal immigrants are subject to a 10 year bar to re-entry, because they entered the US illegally in the first place. The new policy will eliminate the 10 year ban, and allow illegal immigrants to file for a waiver without first leaving the country.

This is good news, but it hardly warrants the champagne popping zeal that it is receiving from some quarters like the New York Times.

The problem currently faced by illegal immigrants in the United States is that they cannot become "legal" unless 1) their U.S. citizen spouse sponsors them and 2) they go back home and then return to the U.S. as an immigrant. This is required because U.S. policy states that illegal immigrants should not be able to jump legal immigrants who have been waiting in line for years.

The new remedy does not address the key issue that these couples face: proof of "extreme hardship," not to the immigrant, but to the U.S. citizen spouse. This is well nigh impossible, and the result is that a large majority of such applications have been and will continue to be rejected.

The true solution to the problem would be to lower the standard of proof from "impossible" to a more reasonable standard of proof - such as "inordinate hardship" on the couple. Furthermore, U.S. policy should make it possible for a U.S. citizen to sponsor their illegal spouse inside the United States, provided the illegal spouse is not a newly arrived immigrant, has paid or does pay income taxes for monies earned in the USA, and that they are punished in some other suitable manner, such as a fine or community service. Such a development would merit a stand up cheer for President Obama and his White House staff. What we have instead is a lot of window dressing but not much substance.

In short, where's the beef?

Immigrating to Canada and the US - Questions and Answers - Episode 2

2012-01-13T09:35:00.001-05:00

Here is the latest installment of the speed round, where we answer your questions about Canadian and US immigration. Be sure to write in with more questions for next week. Just drop us a line on our Facebook or Twitter pages.

Immigrating to Canada and the US - Questions and Answers

2012-01-07T09:31:00.001-05:00

We receive a lot of questions about Canadian and American immigration on our Facebook and Twitter pages. Each week, we gather some questions and answer them in a video. Here is this week's speed round. Be sure to write in with more questions for next week.

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Alberta Oil Patch Labour Shortage May Mean More Immigration Opportunities

2012-01-03T12:05:00.002-05:00

Andy Semotiuk

The Globe and Mail recently ran an article entitled Oil Patch Pushes for Immigration Change. The article describes how the booming energy sector in western Canada is leading to a labour shortage which immigration may be able to fill.

Here is a quick Q & A on the issue with immigration lawyer Andy Semotiuk.

Andy, how can an out-of-work person from the US energy sector take advantage of the labour shortage in Alberta?

Any engineer, any architect, any person working in a professional capacity such as computer systems analysts and the like, can immediately come up to Canada to work with a job offer from the oil patch in Alberta in hand. We can get such a person a work permit at the Canadian border.

Persons who do not have professional qualifications but who work in the trades can obtain work permits if they are offered a job by a Canadian company, although it will take a couple of months because the offer has to be approved by Service Canada. The company needs to provide a Labour Market Opinion that there is no Canadian worker ready, willing and able to take the job before Canada Citizenship and Immigration will issue the work permit.

Do you think the Canadian government will change any immigration rules in order to deal with the shortage?

The Canadian government is looking into loosening up the rules to enable qualified American workers to come up to Canada. One way this could be done is to blanket certify the various occupations in short supply in Alberta so that there is no need to apply for a Labour Market Opinion before getting a work permit. Possible new opportunities may arise out of the recently concluded Security Perimeter agreement between Canada and the United States. We must await further developments in this regard.

How long does it take for a qualified person to receive papers that will get them into the country and working again?

As mentioned previously, for a qualified professional, there is no waiting line - he or she can start work the day they enter Canada. As for other occupations in short supply, the normal waiting period is about three to four months although there may be circumstances where approvals can be expedited due to urgent need.

Solutions for the Illegal Immigration Issue in Toronto

2011-12-21T13:50:00.001-05:00

Andy Semotiuk

The Toronto Sun recently reported that as many as 100,000 illegal immigrants may be working in the Toronto construction trade.

Below is a Q & A with immigration lawyer Andy Semotiuk on the issue.

Andy, the Toronto Sun quotes one source as saying there are 100,000 illegal immigrants working in the construction trade. Is this possible?

It certainly is. I personally know of a few and I suspect pretty much anyone living in Toronto does as well. Some of these people have been here for many, many years - perhaps even ten or more.

Apart from working and paying Canadian taxes, many have contributed to the community through their churches, ethnic organizations or in doing charitable work. Many have families back home that rely on them to send money to support the spouse and children. There is the long term problem of separation from families and the inability of those who are here as illegals to do anything to correct the problem.

If there really are tens of thousands of illegal immigrants working in the Toronto area, what do you think the government will do about it?

The government is preoccupied with the removal of war criminals and regular criminals from Canada so that tackling this issue for the government is a lower priority.

As for people who are here illegally and working in construction, or illegals in Canada in general, I believe Canada needs to adopt a legalization program that should consist of the following elements:

1. Anyone who has been in Canada since a specific date chosen by the government when introducing the program, such as for example December 1st, 2011, would be eligible to apply. Later arrivals would not.

2. To qualify, the program would require that the illegal immigrant would have to come forward and admit before an immigration officer that he or she is illegally in Canada and provide the basic facts about his or her situation. In other words, they must self-report and not be caught in illegal status. This would encourage illegal immigrants to seek to correct their status and not waste Canadian resources trying to find them.

"The process today for obtaining a work permit in Canada is not easy and therefore unintentionally punishes those who seek to come legally"

3. The relevant person would have to produce evidence of residence in Canada, such as phone bills, utility bills and the like. The applicant would have to show either that they have been paying Canadian taxes and are up to date, or agree to file and pay taxes on all their income for the period of time they have been in Canada.

4. The applicant would be required to pay a fine of $5000 for having been illegally in Canada. Terms for the payment of the fine, and for arrears in taxes if pertinent, could be arranged with immigration in hardship cases, based on future earnings.

5. Persons who failed in an application for refugee status, or who are scheduled to be removed, would be ineligible to apply, but could be considered for return to their country of origin and return to Canada through visa processing posts in humanitarian or special circumstances cases, on a special basis provided they leave Canada immediately upon being notified of the same and at their own cost.

6. Persons who do not qualify to remain in Canada under the program but would be prepared to leave Canada if Canada pays for their return, would be helped to return to their country of origin at Canadian expense and with a one-time payment of $1000 being roughly the amount of an application for immigration to Canada provided that they agree not to apply, nor to return to Canada, for a period of at least three years.

7. Those who come forward and qualify under the program would be issued three year work permits to enable them to work legally in Canada.

8. At the end of three years, the workers would be eligible to apply for permanent residence provided that they have paid out their fines and their outstanding income tax indebtedness if any.

Those who failed to comply would lose the right to remain in Canada and would be required to return to their country of origin.

Does this issue make it harder for people to follow proper channels and get into the country legally?

My belief is that the reason we have this backlog of illegal immigrants is due, in large measure, to our inability to make it easier for people to comply with Canadian immigration laws and harder for people who do not comply with Canadian immigration laws. The process today for obtaining a work permit in Canada is not easy and therefore unintentionally punishes those who seek to come legally while rewarding those who come illegally. Getting the reward and punishment balance with legal and illegal factors is the key to a successful policy.

Applying Old Remedies to New Global Challenges will Always Fail

2011-12-07T11:20:00.000-05:00

Hon. Sergio Marchi

Sergio Marchi has been invited to speak at this year's Global Forum on Migration and Development (GFMD), Civil Society Program. NGO’s from over 160 countries will be taking part.

The GFMD is an annual event, and this year it is being hosted by Switzerland. It involves two days for Civil Society deliberations and two days for discussion among governments.

Mr. Marchi was asked to speak on a panel dealing with the issue of global governance for migration. Here is an excerpt of his remarks:

When it comes to migration, all too many governments are preoccupied with two overriding issues: i) ‘illegal immigrants’, and ii) maintaining national policy control.

While the rule of law and an orderly process are as crucial to any viable and sustainable migration policy --- as they are to any other public policy domain --- the challenge for governments is to lift their sights beyond their single obsession with ‘illegals’.

You can find the rest of Sergio Marchi's remarks here.

China and Canada: A Bridge to A Prosperous Future

2011-11-28T20:40:00.001-05:00

Hon. Sergio Marchi

Hon. Sergio Marchi is currently in Shanghai and will be speaking at the the 4th Annual Wealth Management & Private Banking Conference. Here is an excerpt of his remarks:

Our Pace Global Advantage (PGA) delegation, including CEO, Al Pace, has been in this fast-moving region for the last two weeks. I had the privilege of speaking at the China Overseas Investment Summit in Hong Kong – an exciting event marking the tenth anniversary of China’s entry into the World Trade Organization. We also travelled to Beijing and Chongqing as part of the Canada-China Business Council Trade Mission, and held a series of other business meetings to solidify PGA’s plans to establish a presence in the region.

This conference in Shanghai culminates our trip in great style. Shanghai is such a cosmopolitan and energetic world class city – it has come to epitomize the rise of China and Asia --- with its extraordinary wealth creation capacity across all classes.

You can read the rest of his speech here.

PGA and Canada China Business Council delegation to China, November 2011

2011-11-28T10:47:00.000-05:00

Here are some photos of the Pace team in China for the Canada China Business Council meeting, with various dignitaries and guests.

Former Min. of Finance John Manley and CEO Al Pace

CEO Al Pace, Andre Desmarais, and Hon. Sergio Marchi

Hon. Sergio Marchi, PM Jean Chretien, and CEO Al Pace

Hon. Brian Tobin, Hon. Sergio Marchi, Hon. John Manley, PM Chretien, CEO Al Pace, PEI PM Ghiz, Hon. Martin Cauchon

CCBC Director Peter Harder & Hon. Sergio Marchi

Hon. Sergio Marchi & Ambassador to China David Mulroney

Bo Xilai and Hon. Sergio Marchi

With Jean Chretien In Beijing

2011-11-26T17:49:00.001-05:00

Special Advisor Sergio Marchi, and founder Al Pace with former Prime Minister Jean Chretien in Beijing.

Fake Language Test Results Are No Surprise

2011-11-17T11:51:00.001-05:00

James Metcalfe

by Jim Metcalfe - Pace Law Firm: A recent newspaper article reported that Canadian Visa Officers have long suspected fraud in the way that some immigrants obtain English language test results, and that there is an organized conspiracy in some countries to defeat the purpose of language testing.

This comes as no surprise to me. In 2002, the new Immigration Act and Regulations were introduced. One major change was that Visa Officers were no longer allowed to rate the ability of skilled worker applicants in their English or French language skills. Instead, immigrants had to take a written test, called the International English Language Testing System, or IELTS.

Not only are visa officers not allowed to rate language ability, but I would estimate 95% of applicants are never seen by a visa officer, nor have even spoken to a Canadian government official. What is wrong with this picture? It paves the way for fraud and misrepresentation.

Visa officers are supposed to make a determination as to the ability of an individual to establish themselves in Canada. They are the de facto personnel officers for Canada. Yet they are unable to even see or speak with a potential immigrant. Do companies in Canada hire people sight unseen? Not likely! So why are we letting people into Canada without even having them talk to a Visa Officer?

I think it is time for the Department of Citizenship and Immigration to rethink their approach to the selection of applicants.

Sergio Marchi - Speech to the China Overseas Investment Summit in Hong Kong

2011-11-16T08:23:00.001-05:00

Hon. Sergio Marchi

Below is a copy of Sergio Marchi's speech to the first China Overseas Investment Summit. They hope to make this an annual affair.

Jointly hosted by the Hong Kong China Chamber of Commerce, the China Society for WTO Studies, and the China Central Television Business Channel, the summit is taking place as part of the 10th anniversary of China's entry to the WTO.

Over 1000 people attended the first of a two day conference. Private and public sector leaders are speaking, and it is being attended by a wide cross section of Chinese business leaders and representatives.

Here is an excerpt of Mr. Marchi's speech:

It is good to be back in Hong Kong, and a very special pleasure for me, as a Special Advisor to PGA, to take part in this China Investment Summit, as part of celebrating China’s tenth anniversary as a member of the WTO.

I wish to thank the organizers for their invitation, particularly my good friend and former colleague, Ambassador Sun, who is now the Chairman of the Chinese Society for WTO Studies in Beijing. He was a special colleague for me, and ten years ago, China could not have selected a more appropriate, more gifted trade diplomat to be their very first WTO Ambassador. During his ten years at the helm in Geneva, he was pivitol in moving China’s agenda forward ---- as well as that of the WTO’s.

You can read the rest of the speech here.

Sergio Marchi At the Annual Meeting of Canadian Importer and Exporters

2011-11-14T10:41:00.001-05:00

Hon. Sergio Marchi

Last month, the Canadian Association of Importers and Exporters held their annual meeting in Toronto, Ontario. Sergio Marchi was invited to give some remarks at the conference. Here is an excerpt:Despite the problems that the WTO has had in bringing home its current global trade round --- the Doha Development Agenda (DDA) --- after 10 years of negotiations, in a global village that keeps getting smaller, if we did not have the WTO, we’d have to invent such an institution.
And in regards to the US, we should never underestimate their ability to renew itself. It was former President Clinton who once told a Davos WEF business crowd, ‘whoever has bet against America for the last 200 years, has lost money! - I would not advocate moving off these two pillars; these pillars still hold huge vested interests for us.
You can find the rest of his remarks here.

Canada: A Good Place to do Business

2011-11-07T08:25:00.002-05:00

Canada Immigration - Supervisa for Family Members

2011-11-05T13:25:00.000-04:00

Canada Immigration: Spousal Sponsorship and Avoiding Trouble at the Border

2011-11-03T12:16:00.000-04:00

Time To Look at Professional Licensing Requirements for Immigrants

2011-11-02T13:01:00.000-04:00

James Metcalfe

by James Metcalfe - Pace Immigration: The Toronto Star recently carried an article about Balvinder Singh Ahuja. He is a Canadian permanent resident and a qualified doctor - in India.Mr. Ahuja came to Canada and is now learning how to drive a truck.

The main thrust of the story is that although he is not recognized as a doctor in Canada, Mr. Ahuja had assisted in the birth of a child on an airplane flying from India to Canada. Obviously, then, the man is a qualified doctor. Why is he not practicing medicine in Canada?

At present, medical doctors and medical specialists are one of the group of 29 occupations which are eligible to apply for permanent residence in Canada. Therefore, a total of 500 medical doctors will be allowed to immigrate to Canada. But immigrate to what?

As the case of Mr. Ahuja shows, doctors who enter the country as doctors are not always allowed to practice their profession. This situation is not unique to doctors, but to any professionals who require a license.

The simple answer is not to find more resident positions for doctors, but to choose doctors who can qualify easily under the Canadian licensing system. While the government purports to match critical skill shortages through the use of the Federal skilled worker program, this is not always the case. Prior to 2002, when new immigration criteria were introduced, professionals had to meet licensing requirements prior to being granted status in Canada.

For the sake of the health care system, and immigrants who wish to practice their life's work, I think it's high time the immigration department reexamined how we choose skilled workers for Canada, and the licensing requirements for skilled immigrants.

Immigration with a DUI (Drunk Driving) Conviction

2011-10-25T10:08:00.000-04:00

Immigration lawyer Andy Semotiuk explains what happens if you have a drunk driving conviction in your past and want to cross the US/Canadian border.

Sergio Marchi at the Friuli Youth Conference - Toronto, Canada

2011-10-24T17:47:00.000-04:00

Hon. Sergio Marchi

Sergio Marchi was recently asked to speak as a panelist to the Friuli Youth Conference. Here is an excerpt from his speech:

As a son of ‘polentoni’, it’s always a source of great pride for me to engage with all of you who share the Furlan heritage and roots. Roots that are strong and still relevant to helping shape the world around us. A world which, like the birthplace of my parents --- a small but resilient village called Domanins ---- has now become transformed into a shrinking, ‘global village’. Indeed, “il mondo e verramente un paese”.

In this panel, we were specifically asked to address the critical theme of the economy as it relates to you, our youth; of the importance of research, innovation, and formation.

Under this rather broad umbrella, one could examine many critical issues. However, if we are to develop an economy that is sustainable and equitable, then your enlightened leadership, as a basic ingredient, is indispensible.

You can read the rest of Sergio Marchi's remarks here.

Immigration Line Into Canada 1 Million People Long

2011-10-11T11:54:00.001-04:00

According to the Globe and Mail, Canadian immigration officials have said that the line to get into Canada is more than a million names long. Immigration lawyer Andy Semotiuk discusses the issue:

What happens if your sponsored family member goes on welfare?

2011-10-07T08:47:00.000-04:00

Karen Kwan Anderson

by Karen Kwan Anderson - Pace Immigration: Canada allows Canadian citizens or permanent residents to sponsor their family members to immigrate to Canada. Sponsors sign a Sponsorship Agreement to financially support the sponsored family members for a period of time. In the case of a sponsored spouse, the sponsor’s agreement is for 3 years from when the spouse becomes a permanent resident of Canada while for sponsored parents, the sponsor’s agreement is for 10 years.

Separation and divorce do not cancel the Sponsorship Agreement. Similarly, a breakdown in a relationship between parents and the sponsor does not cancel the Sponsorship Agreement.

Unfortunately, we hear from sponsors who experience financial and family problems after their sponsored relatives arrive in Canada. If you have a Sponsorship Agreement that is still in effect, read on.

In the case of a “runaway spouse” who leaves the marriage after becoming a permanent resident, we tell a sponsor that not only should he or she report the runaway spouse to the Canada Border Services Agency , but they should remember that as a sponsor they have a legal responsibility to pay back all monies if the runaway spouse receives social assistance.

On June 10, 2011, the Supreme Court of Canada in Canada (Attorney General) v. Mavi, 2011 SCC 30 (“Mavi”) stated that Canadian citizens or permanent residents who sponsor their family members are responsible for paying back all money when the sponsored family members have received welfare from the provincial or federal government within the period of the Sponsoring Agreement, ie. 3 or 10 years from landing.

Mavi involved eight sponsors whose relatives received social assistance after becoming permanent residents of Canada. The sponsors argue that the use of “may” in section 145(2) of the Immigration and Refugee Protection Act gave discretion to the Crown (government) to collect or not to collect the debt. The main issue in this case is whether the Crown must show procedural fairness when deciding whether to enforce the welfare debt.

What did Canada’s highest Court decide? It found that the Crown has a limited discretion to defer collection of debts, but not to forgive debt. Eventually, a sponsor must repay the debt involving the receipt of public funds. (By the way, a private debt such as one to a credit card company or a loan to be repaid to an individual or corporation is not considered a public debt – my editorial comment).

While the sponsors’ undertakings to support their family members are valid contracts which are subject to provincial law, federal immigration legislation govern these contracts. The intent of Parliament’s legislation is to require the full debt to be repaid if and when the sponsor is able to do so. Family reunification is based on the conditions that in exchange for admission to Canada, the needs of the immigrant will be looked after by the sponsor, and not by the public. The government must act fairly and consider the sponsor’s circumstances and financial means to pay, as well as the circumstances of the sponsored relatives.

The Court also commented that the government of Ontario did not improperly exercise its statutory discretion in adopting its current policy. Ontario’s policy seeks to balance the interests of promoting immigration and family reunification while preventing abuse of the sponsorship provisions of immigration legislation. There is no evidence that the limited procedural protections given by Ontario have in any way undermined or frustrated the debt collection objective or resulted in unfairness to family sponsors.

In summary, a government can defer (but not forgive) a sponsorship debt, and provincial and federal governments owe sponsors a duty of procedural fairness when enforcing sponsorship debts. The duty in these cases is quite minimal, but it does require the Crown, before filing a certificate of debt with the Federal Court to:

(i) notify a sponsor of its claim;
(ii) allow the sponsor an opportunity within to explain in writing his or her relevant personal and financial circumstances;
(iii) consider any relevant circumstances brought to its attention keeping in mind that the undertakings were the essential condition precedent to allowing the sponsored immigrants to enter Canada; and
(iv) notify the sponsors of the government’s decision.

The eight sponsors in Mavi began their sponsorship of family members as early as 1995 and received bills up to nearly $100,000 from governments after their sponsored family members received welfare. The Court’s decision gives guidance and clarifies the roles of current and future sponsors of members of the family class in the event of reliance upon social assistance.

The lesson of this story is that the sponsor will eventually have to pay back a welfare debt of their sponsored family member, if that debt was incurred during the relevant time period since landing.

5 Ways to Immigrate to Canada

2011-10-03T09:20:00.000-04:00

Alberta Seeking US Workers for Oilpatch

2011-09-01T10:31:00.000-04:00

Alberta's immigration minister is visiting the US to talk about Americans working in Alberta's oilpatch. Immigration lawyer Andy Semotiuk discusses the issue.

Pace Immigration In Saudi Arabia

2011-07-21T14:27:00.002-04:00

Sergio Marchi on the Lessons from Doha

2011-07-08T09:31:00.000-04:00

Hon. Sergio Marchi

Yesterday, I had occasion to participate in an Evian Group Meeting, entitled "Lessons from Doha – Moving Forward Multilaterally in the 21st Century Global Business Environment."

The Evian Group, founded in 1995, is an international coalition of corporate, government and opinion leaders, committed to fostering an open and sustainable global market economy in a rules-based multilateral framework.

They asked me to ‘provocatively’ (not hard to do!) address the possible implications of a faltering or failed WTO DDA on future global trade negotiations. Here is a copy of my remarks, which I thought may be of interest to Pace's readers.

Conrad Black Contemplates a Temporary Residence Permit

2011-06-28T17:07:00.001-04:00

James Metcalfe

by James Metcalfe - Pace Law Firm: Lord Black of Crossharbour also known as Conrad Black is going back to jail in the United States for further 13 months. You may recall that Conrad Black gave up his Canadian citizenship in a fit of pique so that he could become a member of the British House of Lords. Since he is no longer a Canadian citizen and presumably travels on a British passport together with his Canadian citizen wife, Lady Barbara, his Lordship has indicated that he may wish to live on a temporary basis from time to time in Canada but has no intention of applying to have his Canadian citizenship restored.

Having been convicted of a serious crime and not being a Canadian citizen he comes under the Immigration and Refugee Protection Act of Canada and is inadmissible to Canada. The normal solution to this problem is to apply for a Temporary Resident Permit which will have to be considered by a visa office at a Canadian mission outside the Canada or perhaps directly to the Minister of Citizenship and Immigration of Canada.

Being somewhat pompous and arrogant I don't believe that Lord Black will humble himself to the point where he has prostrate himself before a visa officer well down on pecking order of officials and the request, if one is not already being made, will go directly to the Minister's office. I am willing to predict however that Lord Black may have to cool his heels before he is allowed back in Canada. I do not believe the Minister will be rushed to make the decision and face the inevitable political flak if he moved too quickly granting him a permit.

On a supplementary I note now that he is a senior citizen I wonder if he will be eligible for the Canada Pension plan and Old-Age Security.

Immigration Visa Officers Doing The Best They Can

2011-06-24T10:01:00.001-04:00

Jim Metcalfe

by James Metcalfe - Pace Law Firm: There was an article in the Toronto Star, decrying the fact that overseas visa officers are ill-prepared to make a determination as to who is eligible to be accepted as Convention Refugees to Canada. The article was a follow-up to a case in which a federal court judge ruled that approximately 40 Eritrean refugee claimants had been improperly refused by the Canadian Embassy in Cairo, Egypt. The Star's story also indicated that there was a 50% refusal rate amongst overseas refugee claimants.

Since I used to be a Canadian visa officer outside of Canada, I can relate to the predicament of officers who have to make decisions on refugee cases.

By nature, visa officers are generalists. They have to know a little bit about a lot. They must consider persons wishing to come to Canada under a multitude of programs, selection criteria, and categories.

"I have been where the overseas officers are. I have interviewed refugees in camps, on boats and in detention centers. I know the conditions that visa officers face."

In Canada, determinations as to refugee eligibility falls to the Immigration and Refugee Board. Members of the refugee section are trained in the art of determining who the refugees are, and they are supported by research staff. Conversely, the visa officer may be sitting in the refugee camp halfway around the world, with only a translator to assist them.

I believe it is unfair for critics to blame the officers responsible in the above court case. Though visa officers may be cynical after hearing the same story repeated time and again, I do not believe they are mean spirited. If 50% of claimants are refused, then 50% are approved. These are similar numbers to the acceptance of refugees inside Canada.

I have been where the overseas officers are. I have interviewed refugees in camps, on boats and in detention centers. I know the conditions that visa officers face, and I can sympathize with the officers concerned. It is not an easy job to do. It is the critics that have the easy job.

Dispatches from Egypt - Day 14

2011-06-10T11:16:00.002-04:00

By James Metcalfe - Pace Law Firm: Last day of 14 in Cairo. The drive out to the airport was quiet. Not much traffic, this being the holy day. The temperature went up to the high 30s as hot air was blowing north from southern Africa. Many people head north to the cooler coast to avoid the heat, and since school is ending, the well-to-do and their families head to Europe and North America. I do not think I could handle a summer in Cairo. The heat is like a blast furnace.

I believe the country will survive the current political tension, and go though the transformation from a despotic kleptocracy to something better, but it will take some time. Business persons I talked to were cautiously optimistic about the future. Egyptians are a proud people who have survived past adversity, and they will do so again.

I think they have to feel a sense of national purpose, which is missing now amongst the dozen or so aspiring political parties. Everyone has an opinion, of course, but from my perspective no one has yet stepped forward from the pack with a clear vision. There is no charismatic figure to rally around, and uncertainty will persist until one appears.

Without a strong government, foreign investment will stagnate along with the economy. The next six months will be critical.

I hope that God will bless Egypt and her people.

Dispatches from Egypt - Day 11

2011-06-07T08:41:00.000-04:00

James Metcalfe

by James Metcalfe - Pace Law Firm: The newspapers here are full of stories about politicians and prominent businessmen being charged with corrupt practices, and being detained or sentenced to long jail terms. Stories of ministers selling property to friendly developers at prices well below market value appear to be the most common.

A new shady practice for corrupt politicians and their pals is appropriating luxury cars that are being held for payment of import duties, then turning around and giving these cars to family and friends.

The prosecutors appear very adept at ferreting out the deals and following the money trail. Many government leaders - including several Ministers - who saw the hand writing on the wall have decamped to Europe, England, and the USA.

Nobody seems to know where it will all end, but there is no talk of an amnesty for confessing and forfeiting ill gotten gains. Time will tell.

Immigration Fraud In The News Again

2011-06-07T08:09:00.000-04:00

John Burke

by John Burke - Pace Law Firm: Immigration fraud is a serious matter. It reflects poorly on Canada's image regardless of whether the perpetrator is practicing inside or outside of Canada. Now that Canadian immigration authorities are taking a more active role in identifying and prosecuting those who would take advantage of unsuspecting individuals and families, we are likely to see more cases of immigration fraud in the news.

The changes to the Temporary Foreign Worker program that became effective on April 1st, 2011, were designed to ensure that the jobs offered to prospective foreign workers would be genuine. The changes would also ensure that the employers offering the positions would adhere not only to the terms and conditions of the permission granted to them to hire a foreign worker, but also to the employment standards of the province where the foreign national will work.

Along with these changes is the advent of Bill C-35 which, when made into law, will make it illegal for anyone to represent another party in matters of immigration law unless they are duly authorized under the Immigration and Refugee Protection Act and Regulations. This amendment to the Immigration and Refugee Protection Act and Regulations will, for the first time, make it a crime to represent someone in an Immigration matter without proper authorization.

The most recent example of alleged abuse of our Immigration laws that I have seen involves the laying of eleven fraud charges against an Edmonton man who is believed to have falsified a number of Work Permit applications.

Whether this individual is innocent or guilty is up to the courts. However, the mere allegation of this type of wrong-doing casts an unwanted shadow on Canada’s reputation. For that reason, I believe that each of us has a duty to report situations where we believe there is abuse of Canadian Immigration law. If you suspect that you are the victim of immigration fraud, go to this link and report it to the proper authorities.

Hong Kong: Services Galore, But...

2011-06-04T09:33:00.005-04:00

Hon. Sergio Marchi

I spent the last four days in Hong Kong attending a Services Trade Conference, a forum that was built around the impressive reality that the services sector is the engine of the global economy. Not only is it creating economic growth and opportunities the world over, but the quality of life for so many people is being transformed for the better because of it.

Hong Kong has come to epitomize this global trend. It is a free trade zone where barriers to the movement of goods and services are kept to an absolute minimum. Anyone visiting is struck by the incredible commercial energy and dynamism that oozes from its business pores.

There is a real bounce to the place. It is an entrepreneurial laboratory. Any fears about what would happen after the transfer of Hong Kong from the UK have been long forgotten. Citizens here are interested in the future.

But when I talk about services, Hong Kong also embraces a service excellence. Everywhere one goes, they are met by quick, efficient, and friendly service. There are legions of waiters, tellers, taxis, and receptionists, and they all greet you with friendly smiles and incredible courtesy. No waiting lines here.

It is also service with flexibility: There's only a large portion of noodles on the menu? Not to worry, they'll bring you a small side order if that's what you want. Try that in Geneva!


Hong Kong

To make the point, an Australian lawyer was telling me that he never goes to the dry cleaners. All his clothes are picked up and dropped off at home. When his car needs servicing, his mechanic comes to pick up the car, wherever it is, and then delivers it where he wants it.

Believe it or not, these are not special services and they do not come at extra cost. They merely represents the standard service. A gold standard, that is. It's the hustle and bustle of life made a little easier.

That's Hong Kong, and that's in part why people are attracted to this tiny piece of urban real estate. Expats usually stay for much longer periods than they originally planned. Many Hong Kongers with Canadian passports are still here.

Yet Hong Kong also reminds me of the advantages and values that underwrite Canada and Switzerland, where I currently live and work.

We have a dramatically different and fortunate concept of space, for example, compared to the 7 million people crammed into the small metropolis of Hong Kong.

We have blue skies and clean air for the most part. In Hong Kong, I only saw the sun on the last day; prior to this, smog was the order of the day.

We also enjoy, of course, a robust democracy and a freedom of speech that we sometimes take for granted. Hong Kong is still developing this, under the watchful eye of Beijing.

There is no doubt that service excellence can go a long way in building the DNA for a prosperous society. So can a first class work ethic. Hong Kong has both of these genes in spades.

But behind the smiles, I also sense there is a yearning for something more; something that speaks to the soul of a national community. Something that we in Canada and Switzerland already have.

I suppose no one has it all.

Sergio Marchi in Hong Kong

2011-06-03T11:42:00.001-04:00

Sergio Marchi

Sergio Marchi was recently in Hong Kong as a guest speaker in a Services Trade Conference organized by the Asian Development Bank.

Here are some of his comments:

Let me thank the organizers of this conference. Both the Asian Development Bank and the Pacific Economic Cooperation Council deserve our appreciation for the leadership in attracting an international group of committed services experts and representatives to discuss a better way forward for services trade negotiations.

Read the rest of the speech here.

Pace Immigration in Nigeria

2011-06-03T09:04:00.001-04:00


Hon. Gerry Weiner

by Gerry Weiner - Pace Law Firm: I look forward to my upcoming trip to Nigeria, and to meeting business leaders who are interested in investing and doing business in Canada. Nigeria has become one of the economic leaders in Africa, and all too often is overlooked by Canadians.

I believe there is a tremendous potential for bilateral trade and investment between our two countries, and that both of our countries can profit by increased economic activity.

Prior to joining Pace Law Firm as its Special Advisor on Immigration, I was involved in politics in various levels of government. This culminated in me being elected to the Federal parliament of Canada and being appointed Minister of Citizenship and Immigration.

Since retiring from politics, I have been active in promoting business investment in Canada in the private sector, and have traveled extensively at home and abroad to promote Canada.

I am now the Director of Investor Relations for Pace Global Advantage, which is closely associated with Pace Law Firm. In addition to my activities with Pace, I am the Chair of the Board of the Old Port of Montreal Corporation. I serve as a member of the Board and chair the Governance Committee of PACRIM, a Toronto stock exchange listed company.

I am the Chair of the Literacy Centre of Quebec and a member of the Board of Mt. Sinai Hospital in Montreal. I have had extensive business experience in health care and in high technology, and have enjoyed travel during a career that has seen me serve as a member of five governments.

If you would like to learn more about Canada please contact me here, or make arrangements to meet with me during my trip by contacting our associate in Nigeria, Mr. Michael Nwanna.

Dispatches from Egypt - Day 7 - Alexandria

2011-06-03T08:33:00.010-04:00


Jim Metcalfe

by James Metcalfe - Pace Law Firm: We were sitting in the lounge in the hotel yesterday, listening to music and unwinding after a busy day. My wife remarked that the music was Kenny G’s Christmas album. They were playing Silent Night. Interesting.

We attended a Canadian Egyptian Business Counsel seminar on Tuesday evening where guest speakers talked about the future of the country. Nothing really concrete to report, but discussions with people we met centered on the political process. There is concern that there will be parliamentary elections in September, and that discussions on the new constitution will only begin after the election. Most people I spoke with are very concerned about this and believe the constitution should come first, with elections for President and parliament to follow.

The press announced that former President Hosni Mubarak will go on trial on August 3rd on corruption charges. It's being said that his orders led to an attempt to suppress the revolution by force, which resulted in the deaths of 800 or more protesters. In the meantime, he is in a closely guarded hospital where he is being treated for heart problems and cancer, as well as depression. A sad end for a man who led his country for 32 years and watched the country develop and grow.

We drove up to Alexandria on Thursday on the Desert Road. Traffic was light in comparison to other trips here, but still chaotic with construction, erratic drivers who do not know what white lines mean, and trucks that weave down the road while piled high with empty chicken crates. The BMW 760 that blew by us at about 200kph was seen a few kilometers further on receiving a ticket in a radar trap. Justice served after nearly running us off the road.

Alexandria is a great city on the Mediterranean, and so different from Cairo. Lots of graffiti extolling the revolution. I could easily live here. More on Alex tomorrow.

Michael Nwanna Joins Pace Immigration Team

2011-06-02T15:13:00.003-04:00

Al Pace

by Al Pace - Pace Law Firm: I am pleased to announce that Mr. Michael Nwanna, founder and president of Genuss Investments Ltd in Nigeria, has accepted our invitation to join our team as Special Advisor for Nigeria and Western Africa.

Michael’s extensive experience in Global Migration and Business Development is an excellent complement for Pace Law Firm’s Immigration Programs, as well as for business facilitation of our associate company, Pace Global Advantage.

With our combined knowledge and experience, we can offer prospective clients the highest level of service in the rapidly emerging and very important markets of Nigeria and West Africa.

I am also pleased to announce that the Right Honourable Gerry Weiner, Canada’s former Minister of Immigration and Citizenship, has accepted to lead this initiative. He will be visiting Nigeria at the end of June to meet community and business leaders, and persons interested in Canadian opportunities. In the interim, please do not hesitate to contact either Gerry Weiner or Michael Nwanna directly to set up an appointment or a phone conversation prior to Mr. Weiner's arrival in Nigeria.

Skilled Immigrants Help Canadian Companies Grow Globally and at Home

2011-06-01T14:51:00.000-04:00

Tim Morson

by Tim Morson - Pace Law Firm: Hiring skilled immigrants makes good business sense for Canadian employers seeking to grow globally and at home. A recent survey by EKOS, a leading Canadian market research and polling firm, found that one in five employers has hired a skilled immigrant to help them expand globally and locally, and feels that employees with international education and experience are effective in helping them meet their business goals.

The survey was conducted for the Toronto Region Immigrant Employment Council (TRIEC).

Among the key research findings:

- Almost 1 in 5 Canadian employers have hired a skilled immigrant to help diversify their company's client base globally

- Canadian employers also hire skilled immigrants to target local cultural communities to find new business opportunities

- 1 in 10 Canadian employers have hired a skilled immigrant because their competitors were benefiting from hiring skilled immigrants

"This research confirms that hiring immigrants to expand into local and global markets can be an effective business strategy for employers," says Elizabeth McIsaac, TRIEC's executive director. "We know there is a strong business case for employing skilled immigrants and these findings prove it."

The results can be viewed here.

Why Immigrants and Investors Like Canada

2011-05-31T10:21:00.007-04:00

Klaudios Mustakas

by Klaudios Mustakas - Pace Law Firm: A quality of life survey by the Organisation for Economic Cooperation and Development (OECD) confirms Canada’s reputation as one of the best countries in the world in which to live.

The OECD’s findings confirm why millions of immigrants from around the world have chosen to make Canada their new home over the years. Canada’s need for qualified immigrants has driven an explosive growth in visa applications by international students, professionals and investors all seeking to obtain status as permanent residents and ultimately citizens of Canada.

The OECD’s Better Life Index found that Canada performs exceptionally well in measures of well-being, ranking it no. 2 overall among 34 developed countries. The survey went beyond the usual economic indicators such as GDP, comparing the lives of citizens across 34 OECD countries based on such elements as housing, income, jobs, community, education, environment, governance, health, life satisfaction, safety, and work-life balance.

Canadian employers, including all levels of government, plan to fill hundreds of thousands of job vacancies with qualified immigrants

It is no wonder that immigrants and investors like Canada. It is one of the world’s wealthiest countries. Its economic prosperity is tied to many factors: the abundance of natural resources; the strength of its manufacturing and construction industries; the health of the financial and service sectors; investment in education; the ability to span distances using communications and transportation technologies; dynamic trade relationships with other nations; and the ability to compete in the global market place.

Job prospects are also very good. An aging population, economic growth and an inadequate supply of qualified labour in many sectors of the economy are all factors leading to a dependence on the recruitment of foreign-trained professionals and workers. During the next ten years or more, Canadian employers, including all levels of government, plan to fill hundreds of thousands of job vacancies with qualified immigrants.

Although Canada offers many incredible job and investment opportunities, getting to Canada is not easy. The immigration process is weighed down by many arcane and cumbersome visa requirements. To succeed, applicants need an effective strategy that must take into consideration all of the available visa options, before settling on the one option best suited to the individual’s circumstances. Getting professional advice is often the first step in developing that strategy, but beware of unqualified individuals who are not accredited under Canadian law.

Klaudios Mustakas is a retired senior government official who served with the Canada Border Services Agency. He is now a Senior Government Relations Advisor with Pace Law Firm. He can be contacted here.

Dispatches from Cairo - Day 3 (Updated)

2011-05-30T10:15:00.004-04:00

by James Metcalfe - Pace Law Firm: I am passing though Tahrir Square, the site of the birth of the revolution. Not as chaotic as in past trips. We were at a luncheon today at the American Chamber of Commerce. We listened to a speech by the outgoing US ambassador, in which she pledged support for democratic renewal in Egypt.

Update:

Some observations:

Tourism is down. Hotels are running at 20 to 40 percent occupancy. In a restaurant which can seat about 120 people, there were 2 tables occupied, seven people in total. People are staying home.

It is impossible or difficult to take money out of the country.

Car sales have tanked as there is no credit available to buy cars. Banks are not lending money for hard goods.

Despite all the trouble , the city is safe - even crossing the streets is safer because of less traffic. Would I recommend for tourists come to Egypt? Definitely, yes. There are tourism bargains to be found, and the people are more than hospitable.

Canadian Immigration: Common Questions

2011-05-30T09:26:00.000-04:00

Pace Immigration's Andy Semotiuk answers some common questions he receives as an immigration attorney.

Dispatches from Cairo - Day 2

2011-05-29T18:49:00.004-04:00

Jim Metcalfe

James Metcalfe - Pace Law Firm: Sunday was a quiet day. The hotel was not it’s normal, bustling self. There was none of the normal buzz that you usually find in a large international hotels. North American and European tourists and business people are not around, and traffic appears to be lighter than normal.

While occupancy rates are up in the hotels here, they are far from the normal 90 to 95% they have enjoyed in the past. Clients that we have spoken to are cautiously optimistic about the future, but are looking offshore for alternatives. One economic researcher and political activist we spoke with was concerned about the political future, citing the fact that about a dozen political parties had been formed, but little was known each of their broad policy objectives and platforms.

While members of parliament will be elected in September, they will have to prepare and approve a new constitution, which may not come into effect until 2013. In the meantime, of course, life goes on in spite of the political uncertainty.

More later.

Quiet and Dark Arrival in Cairo

2011-05-28T22:49:00.003-04:00

James Metcalfe

James Metcalfe - Pace Law Firm: At 2:30 on Saturday morning, we arrived to find the airport eerily quiet, as were the roads outside. They were devoid of the usual honking cars and taxis.

Army roadblocks looked like our Ride program stops in Ontario, but we were ignored until we had been through three of them. I noticed the officials were only searching red cars. I'm guessing that this is their method of running random searches. Pick a colour.

The fun began when we ran into the road blocks around Tahrir Square. While all roads may lead to Rome, in Cairo it appears that all roads lead to our hotel - and that all of them are blocked. After spending an hour going down back alleys, we then arrived to find the hotel blacked out.

We negotiated our way in and crashed.

Video: Pace Immigration In Egypt

2011-05-26T01:00:00.001-04:00

Coming to Egypt

2011-05-25T10:15:00.001-04:00


James Metcalfe

James Metcalfe - Pace Law Firm: Subject to an Icelandic volcano interrupting my plans, I will be returning to Egypt on Saturday, May 28 for the first time since the overthrow of Mubarak. Needless to say, it will be interesting to see what changes the revolution has brought to everyday life in Egypt.

Since first visiting Egypt in 2005 to promote our immigration business, we have met many people from all walks of life, such as drivers, small business people, professionals, entrepreneurs and businessmen. I look forward to reconnecting with these people, as well as meeting new people in Egypt.

Has life returned to normal in Egypt? What is the new normal? Who is in charge of the country? Those are the questions which have yet to be answered for me.

I hope to submit blogs on a regular basis during my trip, so check back here often. Should you wish to contact me or my team while we are in Egypt, drop us a line here.

Pace Immigration In Egypt

2011-05-24T17:28:00.001-04:00

Representatives of Pace Law Firm will soon be in Cairo and Alexandria to meet with current and new clients. If you would like to schedule an appointment, please contact us here. After May 27, you can also reach us by phone at 012 782 1333.

There are no fees or charges for initial discussions.

Canada offers opportunities under its immigration programs for business persons and persons with a high personal net worth to become Permanent Residents of Canada. These programs include passive investor programs, in which individuals invest funds with the Government of Canada or with the Province of Quebec in exchange for being granted Permanent Residence.

Entrepreneurial programs are also available in which investors can establish, purchase, and invest in companies and become actively involved in the management of their businesses in Canada.

While these programs may appear straight forward, the actual process can be much more complicated. Prospective Permanent Residents will require the assistance of an organization that can navigate through the bureaucratic process of approval. Pace Law Firm and its team of experts has the experience and knowledge to assist you in achieving success.

Be sure to contact us for more information as soon as possible.

Canadian and US Immigration: Considerations if You Have a Criminal Record

2011-05-23T10:56:00.002-04:00

In this video, immigration attorney Andy Semotiuk explains what happens if you attempt to enter Canada with a criminal record, and what procedures to follow to get across the border legally. The differences in how Canadian and US authorities handle drunk driving charges is also covered.

Immigration: Humanitarian and Compassionate Grounds

2011-05-18T09:36:00.003-04:00

Karen Kwan Anderson

Karen Kwan Anderson - Pace Law Firm: One of my clients - let's call him Joe - was in a tight spot a while ago.

Joe's family landed in Canada around 2006, and Joe was a dependent on his father's application under the Entrepreneur category. Unfortunately, soon after arriving in Canada, Joe's mother developed an illness which required transplant surgery. Since the surgery was available in their home country, his mother and father left Canada, and Joe stayed behind.

The mother passed away post-surgery and the father became very depressed. He did not return to Canada. Joe remained in Canada as a student. He graduated, and began working. He traveled in and out of Canada many times, on business and to visit his father, but he always had a valid Permanent Resident (PR) card.

He would have had to wait 18 months for an appeal hearing, and had he lost that, he would have been kicked out of the country.

Everything was fine until Joe received a letter from Citizenship and Immigration Canada (CIC). They warned him that enforcement action would be taken against him; Joe's father had not complied with the terms and conditions of the Entrepreneur category, which meant that Joe was in danger of losing his PR status.

Joe retained me to do a file investigation. After reviewing a very thick file (about 8 years of material since my client was a student in Canada since 2002), I provided an opinion report to him. I contacted the CIC business immigration officer to discuss Joe's strong Humanitarian & Compassionate grounds for remaining in Canada. I followed up with a lengthy and detailed submission which described the facts, evidence and case law in support of strong H&C factors.

Eventually, Joe was called in for an interview. I went with him. I took notes throughout the interview and reminded the officer where the evidence was in the Document Brief we submitted. At the end of the interview, the officer found that there were sufficient H&C factors, and concluded that no action would be taken against my client. Therefore, Joe did not become the subject of an investigation.

We were well-prepared and well-documented to deal with the issues.

If the decision had been the opposite, a report would have been written against my client and he would have had to attend an admissibility hearing. He would have received a deportation order. He would have had to wait 18 months for an appeal hearing, and had he lost that, he would have been kicked out of the country.

Fortunately this did not happen, and by December 2010, my client became a Canadian citizen. He was later successful in sponsoring his wife to Canada. I am also happy to report that they are now expecting their first child, who will be the first member of their family born in Canada.

Always remember: the most important thing a person can do to help ensure a successful outcome to any immigration matter is to have plenty of documentation on hand. If you're not sure what you need, or how to use it, feel free to contact me.

Canadian Immigration - Gerry Weiner to Visit Nigeria

2011-05-11T09:52:00.002-04:00

The State of Global Trade: Sergio Marchi

2011-05-04T09:38:00.002-04:00

Hon. Sergio Marchi

Sergio Marchi was recently invited by UPS to speak at their Trade Forum for CEOs in West Palm Beach.

Here are his remarks regarding the state of global trade:
Politically, Washington is badly divided. Trade has become somewhat of a ‘dirty’ word, where prevailing currents in the Democratic Party and the labor constituency make things even more complicated for the President, and where next year’s election campaign already looms large. As well, so many other international conflicts and uncertainties compete for US attention and leadership. The international circuits are overloaded.
The old and influential developed country ‘Quad’, which had two members from the Americas --- US and Canada--- joining the EU and Japan, is no longer in vogue. It has been replaced by the quintet --- US, EU, India, China, and Brazil --- where the developing countries now hold the majority sway.

Read the rest here.

Toronto Immigration Lawyer: Karen Kwan Anderson

2011-04-28T11:07:00.000-04:00

Spousal Sponsorship: Combatting Marriages of Convenience

2011-04-21T13:43:00.003-04:00

Karen Kwan Anderson

Karen Kwan Anderson - Pace Law Firm: A nightmare scenario: you meet someone overseas or online, and you fall in love. You decide you want to live together, and you sponsor them to come into the country as a permanent resident. After a lot of time, money, and red tape, the government signs off on it. Now you're at the airport, waiting for the love of your life to arrive. When they do, you give them a hug. In return, they give you the shaft. They hop into a cab and disappear. And it hits you: you've been had.

It happens more often than people may think. Every year, I receive about 10 phone calls from persons whose sponsored spouses leave them in the dust after arriving in Canada.

Sometimes, as in the scenario above, the sponsored spouse doesn't even go home with their sponsor after meeting them at the airport. In other cases, the sponsored spouse leaves after a very short period of time. In all cases, the sponsor is left hurt and upset, and they want their spouse deported back to the home country.

Unfortunately, I have to tell these people that nothing immediate can be done to deport a sponsored spouse. Regardless of the allegations against them, the sponsored spouse has procedural rights, including the right to appeal. As a result, it can take a minimum of 3 years to deport a person once they are a permanent resident of Canada.

Still, a new solution may be on the way. On March 26, 2011, the Harper government proposed a conditional permanent residence of two years or longer for those persons who are in a relationship of two years or less at the time of the sponsor application.

Opponents of this proposal say that sponsored spouses who face abuse in a marriage would be stuck in the marriage in order to fulfill the condition. I counter that a sponsored spouse is not prevented from reporting the abuse to police and/or social service agencies, and that a conditional permanent residence program might help decrease fraudulent marriages.

What remains to be seen is how the government plans to supervise the program. We need details on how sponsorship reviews will be carried out, how long such reviews will take, and how much it's all going to cost.

You can read more on the proposal here.

Input from the public is being welcomed until April 26, 2011. Please direct input to: Justine Akman, Director, Social Policy and Programs, Citizenship and Immigration Canada.

Canada: Hockey Country

2011-04-18T09:10:00.001-04:00

Montreal Fans - Photo Graham Hughes, CP.

by James Metcalfe - Pace Law Firm: You know you are living in Canada when a nationally televised leaders' debate is shifted to another day because it conflicts with the start of the Stanley Cup playoffs. For those of you who may not know it, Canada's national sport is hockey - ice hockey, that is, not the game played on grass.

A televised election debate was scheduled for Thursday April 14, but alas, the Montreal Canadiens were scheduled to play the Boston Bruins that same night. As most Quebecers' screens would be tuned to the game, the politicians decided to move their debate. That’s how politics and democracy works in Canada.

I believe that this demonstrates why people want to come to Canada, and that politicians in Canada are in tune with the wishes of the people. This may be a simplistic answer, but Canada continues to prosper under its motto of “peace, order, and good government." While Egypt , Libya, and other countries are in turmoil, Canadians know what their priorities are, and the politicians know that they'd better listen up - especially during an election campaign.

Update: Montreal won the game 2 – 0 and leads the best of 7 series 2 games to none. Next game tonight in Montreal. No nationally televised debates scheduled.

Video - Canadian Immigration: Finding Work

2011-04-13T21:26:00.000-04:00

Some good advice and tips here from recent immigrants on how newcomers to Canada can find work.

US Visa and Consular Operations Resume in Cairo on April 10, 2011

2011-04-07T18:19:00.002-04:00

Here is an important notice from the US Embassy in Cairo:

The U.S. Embassy in Cairo will resume visa services to the public on April 10, 2011.

Non-Immigrant Visas (NIV)

Vodaphone will contact non-immigrant visa applicants whose appointments were cancelled because of the suspension of visa operations to reschedule their appointments. Applicants may also reschedule a cancelled appointment by contacting Vodafone directly at 0900-70-600 from a landline or 2100 from a Vodafone cell phone.

All applicants who wish to schedule an appointment for the first time must follow the instructions on the Embassy’s website at http://egypt.usembassy.gov. Students, exchange visitors, and those with cancelled appointments will be given priority in scheduling. All applicants should understand that it will take time to clear the visa interview appointment backlog. Travelers should not purchase tickets or make other irrevocable commitments until they have received their visas.

Application fees and the requirements to qualify for a visa remain unchanged. All applicants must demonstrate convincingly their intent to return to Egypt following a temporary visit to the United States.

Immigrant Visas (IV)

The Embassy will resume interviews for all categories of immigrant visas on April 10, 2011...

Read the rest of the notice here.

Harper Proposal: Loans for New Immigrants to Upgrade Jobs

2011-04-07T08:26:00.000-04:00

From the Toronto Star:

Conservative Leader Stephen Harper is promising federal loans to help new immigrants upgrade their job skills and obtain the credentials to work in the country.

It’s no coincidence that he picked the GTA to speak about foreign credential recognition. It’s one of the most perplexing problems facing new Canadians, who often don’t have the necessary job skills to enter the workforce and, as a result, can’t raise the money to remedy the problem.

Read the rest of the story here.

Video: Immigration Issues

2011-04-04T07:31:00.001-04:00

Pace Immigration's Andy Semotiuk discusses current immigration issues. In this episode Andy takes a look at:

1) Michael Ignatieff's proposal for an immigration Fairness Commisioner.

2) The long waiting times for visa processing.

3) The H1B work visa in the United States.

Sergio Marchi at the Global Forum on Migration and Development

2011-04-01T11:26:00.001-04:00

The Honourable Sergio Marchi recently moderated a panel at the 2011 Global Forum on Migration and Development. The event was held in Geneva, Switzerland.

We thought you would like to see his remarks from the discussion. A taste:

First of all, while migration has now become a truly global phenomenon, with human mobility touching all countries, rich and poor, and while all countries are sending, receiving and transiting migrants, the political and policy bucks on migration stop with national governments.

You can find the rest of Mr. Marchi's remarks here.

Canadian Immigration Cracks Down On Marriage Fraud

2011-03-30T13:27:00.001-04:00

James Metcalfe

by James Metcalfe - Pace Law Firm: On March 26, Citizenship and Immigration Canada notified the world that they will crack down on marriage fraud. They published their plans in the Canada Gazette. The plans include imposing conditional permanent resident status of two years or more for sponsored spouses or partners who have been in a relationship for less than two years prior to filing a sponsorship application.

While this looks very good on paper, I personally do not think it will work in practice. Unlike other countries where sponsored spouses are given a conditional status, there is no plan in Canada for a proactive review of all such cases within the two-year period. With over 45,000 spousal sponsorships being approved on an annual basis, it would require a small army of investigators to review these cases. Instead, the government will concentrate on rooting out those cases which come to their attention, and let the conditional status lapse after two years for all cases in which the status had been imposed.

Obviously, a couple can conspire together to defeat the intent of this proposal. Keep your head down and mouth shut for two years and you will be home free. On the other hand, it will stop what we call in our practice “runaway brides and grooms,” who never intend to live with their spouses and instead disappear as soon as they arrive in the country.

The Ministry is asking for our views on the subject, and we will certainly make our opinions heard. Please feel free to post comments here so that we can share your views with them as well.

Immigration and Spousal Sponsorship: Why The Wait?

2011-03-29T10:05:00.001-04:00

James Metcalfe

by James Metcalfe - Pace Law Firm: Buried in the immigration system's manual is an interesting paragraph which states (emphasis mine):

Processing Priorities

Applications for permanent residence from spouses, common law partners, conjugal partners and dependent children have the highest priority, along with children to be adopted. Other members of the family class follow. These are operational, not regulatory priorities. The department aims to process 80% of sponsorship and permanent resident applications of this priority group of spouses, common-law partners and conjugal partners, and dependant children within six months.

Meanwhile, on the Citizenship and Immigration website, you can find the actual processing times for spousal cases at visa offices abroad. Of the 44 offices that submitted information, only 6 offices met the 80%/6 month target. This includes cases which resulted in a refusal. According to the numbers, if you have fallen in love or entered into an arranged marriage in Kenya, you can expect to wait an average of 29 months for your application to be processed. In Abu Dhabi, you have a slightly shorter wait of 27 months.

When looking at these cold numbers, it would appear visa offices and the ministry are not aware of their own 80%/6 month policy. If they are, then they must be choosing to ignore it.

We have noticed that processing times are growing in this category. We have to ask ourselves – WHY? Why can Beijing process spousal cases in 4 months, and New Delhi in 6 months, while others take so much longer that it would be laughable - if it weren't so frustrating.

Unfortunately, the powers that be hold all the cards. It is they who decide the processing times, and it is they who decide if they want to honour those processing times. One thing you do have, however, is a voice and a vote. If you have sponsored a spouse and are awaiting a decision that is long overdue, write the Minister of Citizenship and Immigration, or contact your local MP. With the election on May 2nd, they may be more inclined to listen to your complaint.

Canadian Immigration: Learning the Language

2011-03-25T09:32:00.000-04:00

To qualify for permanent residence in Canada, immigrants must prove their proficiency in English or French.

Here is another segment from TVO's series on Canadian immigration. In this video, several immigrants discuss the importance of learning English before arriving in the country, and how important it is to practice the language after arrival.

Bring Back the Immigration Interview Process

2011-03-24T16:09:00.002-04:00

Hon. Gerry Weiner

by Gerry Weiner - Former Canadian Minister of Citizenship and Immigration: In the past couple of years, Canada’s immigration program has moved away from the focus on the family class, and is instead targeting those in the skilled worker class. The government has gone a step further than this, by setting targets for each category inside the skilled worker class.

This has helped to address the situation of far too many jobs going unfilled in Canada, especially in the high tech sector. However, more can and should be done to ensure that jobs requiring foreign skilled workers are filled by the best talent the world has to offer.

Over the years, Canada's skilled worker program has drifted away from a system where visa officers selected the best candidates available. Instead, it has become a self-selection program. Gone are the days of every potential immigrant being interviewed by a visa officer. Instead, suitability is now determined by paperwork.

By getting back to an interview-based system, immigration to Canada can become more efficient and successful for Canadians and foreigners alike

Just as a good employer would never hire someone based on a resume alone, Canada should not offer a work visa based only on an application form. Canadian visa officers should meet and speak with each skilled worker candidate. Naturally it would be impossible to meet with everyone who applies, but applicants who have been screened by some objective criteria can be interviewed relatively easily. We can insulate the system against bias, in cases where applicants are to be turned away, by insisting that program managers concur in any such rejections.

Moving back to an interview component will require some changes in our approach overseas. Visa officers sitting behind bulletproof glass using broken microphones and surrounded by Kevlar walls do not present the right image of Canada to anyone. While we do not deny that security for our visa officers is a concern, we believe there is a need to balance that concern against the image being presented to foreign immigrants. In the case of skilled workers in particular, since they must submit their papers in advance before they are called in for an interview, they can be effectively screened in virtually all cases. They should be treated with more dignity than what is currently the norm.

By getting back to an interview-based system, immigration to Canada can become more efficient and successful for Canadians and foreigners alike. The sooner we return to it, the better.

We recently sent a letter to Jason Kenney, the Minister of Citizenship and Immigration, which addresses these and other immigration concerns. We will keep you posted on the outcome of any correspondence.

Canadian Immigration: Advice for New Canadians

2011-03-24T13:49:00.000-04:00

Here is an interesting video from TVO. In this video, some immigrants share their experiences with others planning to move to Canada.

Immigration Canada: Foreign Skilled Worker Consultation Extended

2011-03-23T16:35:00.000-04:00

Citizenship and Immigration Canada has put the following news release on their website. Click here for more details.

Government of Canada extends federal skilled worker program consultation

Ottawa, March 23, 2011 — Interest in the consultation on the proposed changes to the Federal Skilled Worker Program has been strong, and response has been greater than expected. As a result, Citizenship and Immigration Canada (CIC) is extending the consultation until March 31.

How to Conduct Yourself at an Immigration Hearing

2011-03-22T08:36:00.009-04:00

Karen Kwan Anderson

by Karen Kwan Anderson - Pace Law Firm: There is no obligation to hire counsel - whether it's a consultant or lawyer - when one files an application or appeal to the Department of Citizenship and Immigration. However, the increasing complexities in immigration often result in a need for legal consultation.

Having said that, if you are determined to represent yourself at a hearing, I recommend the following tips:

1. Read the rules of procedure applicable to the division of the Immigration and Refugee Board in which your matter lies.

2. File your documents and Witness Information in accordance with the rules. Make sure you file them correctly or you risk rejection of the documents and witnesses.

3. Show up early. Don't. Be. Late. (You'll notice I say this a lot in the blog. There's a reason for that).

4. Be respectful to the adjudicator and Minister's Counsel. You can make submissions with confidence but there's no need to be rude, arrogant or combative.

5. Do not make comments of a personal nature during the hearing.

6. Focus on the facts and evidence to make your points.

7. Follow the lead of the adjudicator, who chairs the hearing and leads the process throughout.

8. Speak clearly, loudly and slowly.

9. Only one voice at a time can speak, since proceedings are recorded. Don't interrupt or talk over someone.

10. When referring to a document, tell the adjudicator and Minister's Counsel the name of the document and what page you are on so that they can follow along.

These are the general tips I follow to achieve positive results for my clients. Most of these tips can be placed under the catch-all of Be Prepared. Make sure you're prepared before stepping into the hearing room, and you will go a long way towards securing a successful outcome for your case.

Skilled Worker Applications and Fairness Letters

2011-03-21T09:20:00.001-04:00

Jim Metcalfe

by Jim Metcalfe - Pace Law Firm: Over the past few weeks, we have received several inquiries from people who have had their skilled worker applications refused. Most of these people reside in the Gulf, in such countries as Saudi Arabia, Egypt, and UAE. Several of their applications were refused because the applicants failed to respond to requests from Canadian visa offices in a timely manner, or they responded but provided inadequate information regarding their employment duties and responsibilities.

You should be aware that once a visa office has a problem with an application (missing information, seeking clarification, so forth), they are required to send a "fairness" letter to the applicant. In some instances, the applicants have changed their e-mail or mailing addresses without notifying the office of the change. The fairness e-mails go off into the ether, and letters are never delivered. Since the visa office doesn't know this, they may close your case for noncompliance.

Once a case is closed, it is very difficult to reopen a file. Therefore, be sure to notify the visa office if you change any of your contact details.

The other issue is with officers that doubt whether an applicant has experience in a given occupation. Occupations are classified in Canada according to the the National Occupational Classification (NOC), a publication of the department of Human Resources and Skills Development. The NOC lists duties and responsibilities of most occupational groups in Canada. In order to qualify under a particular occupational title, an individual has to demonstrate that they have performed a substantial number of the duties and responsibilities of that occupation.

The problem in all this is if an individual replies to a fairness letter by going word for word with the duties and responsibilities in the NOC. This raises doubts as to the credibility of the reference letter.

For example, if you punch in "Nurse" in the NOC database, and then select Head Nurses and Supervisors, you get the following: Head nurses and supervisors supervise and co-ordinate the activities of registered nurses, licensed practical nurses and other nursing personnel in the provision of patient care. Don't be tempted to copy and paste these exact words into your fairness letter response. If you do, you'll raise red flags with the visa office. Just describe your duties and responsibilities in your own words.

Another problem with fairness letters is that with the passage of time, it may not be possible to obtain letters of reference from companies which have disappeared or merged. Unfortunately, this can be a difficult situation for applicants. Unless you know the rules and are able to persuade these officer that you have actually performed the duties and responsibilities in question, your application will be refused.

Prior to 2002, when the current immigration act came into force, these officers would interview individuals and allow them to explain their duties and responsibilities verbally. However, immigration has become a paper process. The reliance on paper disadvantages many applicants who would probably be able to qualify, but do not have the paper to support their claims.

We recommend that if you are faced with a fairness letter asking for your occupational duties and responsibilities, you seek counsel with an immigration law firm.

HRSDC/Service Canada Announces Changes to the Labour Market Opinion (LMO) Process

2011-03-18T16:24:00.000-04:00

John Burke

John Burke - Pace Law Firm: Human Resources and Skills Development Canada has just announced a number of changes to its Labour Market Opionion application process which will be effective on April 1, 2011. This will coincide with Citizenship and Immigration Canada’s Regulatory changes to the Temporary Foreign Worker Program (TFWP), which will also come into effect on that date.

Included in the changes will be new application forms. These will be available starting March 25th. One of the new application forms will be dedicated specifically to the Live-In Caregiver stream; the other will be designed for use with all other TFWP streams.

Completed LMO applications received by Service Canada by March 31, 2011, will be processed in accordance with the standard Program requirements. As of April 1, 2011, any LMO request received must be made using the new LMO application forms and will be processed in accordance with the new amendments to the Immigration and Refugee Protection Regulations.

In addition to the existing standard requirements to apply for a labour market opinion (LMO) under each stream of the Temporary Foreign Worker Program (TFWP), (HRSDC)/Service Canada will expand its evaluation criteria to include a more detailed description of the main business activities; an explanation of how hiring a temporary foreign worker (TFW) meets the employment needs of the employer; and a signed statement attesting that the employer will abide by the program requirements.

In submitting the new LMO applications, both new and returning employers will be required to include considerably more supporting documentation than previously. All returning employers will be required to demonstrate that they have met the terms and conditions of employment set out in previous LMO confirmation letters and annexes. In addition, some employers may be required to submit further documentation to support a more detailed employer compliance review (ECR)

HRSDC/Service Canada’s objectives in implementing these changes are to increase its emphasis on determining the genuineness of job offers made to foreign workers and to ensure that employers comply with the terms and conditions specified on all positive LMOs issued to them.

If an employer is found to be non-compliant, HRSDC/Service Canada may issue a negative LMO and revoke all positions on confirmed LMOs for which work permits have not yet been issued by Citizenship and Immigration Canada (CIC). As well, CIC may deem the employer ineligible to hire TFWs for two years and the employer’s name, address and period of ineligibility may also be published on a list of ineligible employers posted on CIC Web site.

Detailed information pertaining to these changes is available on HRSDC/Service Canada’s website.

If you have any questions or want to learn more, you can also contact me here. I will get back to you as soon as possible.

Global Migration - The Honourable Sergio Marchi

2011-03-17T10:14:00.008-04:00

Hon. Sergio Marchi

Ambassador Sergio Marchi is a Senior Fellow with the Centre for Trade and Sustainable Development in Geneva. He also teaches at Webster University in the International Relations Department. He formerly served as the Canadian Minister for Citizenship and Immigration, Canadian Ambassador to the WTO and UN in Geneva, and Commissioner on the UN Global Commission on International Migration.

Sergio is a special advisor to Pace. Below you will find a speech he recently gave to Franklin College in Lugano, Switzerland, which deals with immigration issues:

When it comes to the issue of international migration, most governments today are predominately preoccupied by one over-riding issue: the so-called question of “illegal” migrants. This applies equally to most citizens, and the mass media.

While the rule of law and an orderly process are as crucial to a successful and fair migration policy, as they are to any other public policy domain, the fact is that we need to lift our sights beyond this single obsession. The international community needs to also consider the broader context, within which undocumented or irregular migrants, and so many other important and complex issues, arise.

More...

News From Cairo

2011-03-15T17:22:00.000-04:00

Marwa Badra

by Marwa Badra - in Cairo: I attended a large gathering in Cairo today, organized by the American Chamber of Commerce. The guest speaker was Dr. Samir Radwan, the Egyptian Minister of Finance.

Mr. Radwan explained the difficult economic situation that Egypt is going through now. At the same time, he was very optimistic about the future. He assured us that more development should take place in Egypt to overcome the current situtation, particularly in the private sector, through small and medium enterprises, long term projects and IT.

I encourage you to follow our Twitter feed here, as I will posting more updates from Cairo in the days ahead.

Canadian Immigration: Spousal Sponsorship

2011-03-14T07:26:00.002-04:00

Andy Semotiuk

The following is a Q&A with immigration attorney Andy Semotiuk. In this segment, Andy talks about spousal sponsorship applications for people who wish to bring their spouse to Canada.

Dealing with internal Canadian Spousal Sponsorship cases, what is the processing time for cases filed inside Canada?

An application is approved only in principle within 9 to 10 months.This makes it possible for the person to apply for a work permit. However, the total processing time is in fact 18 months, since there are police and medical checks that still must be done before the foreign spouse is finally approved as an immigrant.

Isn’t that long time for processing a case?

Indeed it is. Frankly, I find that length of time to be appalling. How can anyone survive these days without working for 10 months?

I think work permits should be available to the foreign spouse in Canada the moment a couple files a spousal sponsorship, provided they are able to demonstrate that they have filed their case, and can produce a Canadian marriage certificate or a credible foreign marriage certificate.

How can the current policy be changed?

I believe there is a Charter constitutional challenge that can be made to the current policy. Spouses of temporary skilled foreign workers are eligible to obtain work permits, and the spouses of foreign students who came to Canada are eligible to obtain work permits, so it should be the same with spousal sponsorships. It makes good sense.

What about travel outside Canada while the application is being processed?

Unfortunately, this part is tricky. In the United States, a foreign spouse can apply for a travel document as part of an application to gain permanent residence. This means the spouse can travel outside the country while the application is being processed.

In Canada, it's not so simple. If the foreign spouse wants to travel while the application is being processed, there is a risk of not being able to return. If they are from a country where a visa is required for travel to Canada, the foreign spouse must apply for a multiple entry Temporary Resident Visa at a Consulate outside Canada. This presents great difficulty, since they must show they have roots that guarantee a return back to their country of origin.

The law is that they can have dual intent – the intent to immigrate if approved and the intent to return home if not. Trouble is, a Canadian Border Services agent can reject a returning spouse on the basis that the internal sponsorship application is deemed abandoned by virtue of the departure of the foreign spouse during the process.

Where can people go to get more information?

The CIC website is a good resource. As always, they can contact me at the office, or drop me an email. I'll get back to them right away.

How To Survive An Admissibility Hearing

2011-03-09T08:14:00.000-05:00

Karen Kwan Anderson

by Karen Kwan Anderson - Pace Law Firm: Part of my job as an advocate in immigration matters is to defend a client who is accused of having engaged in misrepresentation.

A frequent allegation of misrepresentation is that the client entered into a marriage for the primary purpose of gaining permanent residence in Canada, popularly called a "marriage of convenience."

The accuser is the Minister of Citizenship and Immigration by its counsel at the Canada Border Services Agency (CBSA). Once accused, the client must attend an admissibility hearing before an adjudicator of the Immigration Division of the Immigration and Refugee Board. The possible outcomes of an admissibility hearing are:

(1) the client is found to have misrepresented themselves, and an exclusion order is issued. This means they must leave Canada and cannot return for 2 years.

(2) the client is not found to have misrepresented themselves, and no order is issued.

If the client is a permanent resident of Canada, they have the right to appeal an exclusion order. The appeal is heard by an adjudicator at the Immigration Appeal Division, which has jurisdiction to receive evidence in support of humanitarian and compassionate grounds, such as long-term residency in Canada, family connections in Canada, and the best interests of any child directly impacted by a decision.

Here are my tips on how to survive an often grueling examination during an admissibility hearing:

1. Prepare, prepare, prepare.
2. Anticipate that CBSA will ask tough questions about all material facts.
3. Read the disclosure from CBSA to know the allegations.
4. Remember key dates, such as date of marriage/separation/divorce, date of landing, any information on children if applicable, etc.
5. Relax and tell the truth.
6. Answer questions directly. Do not answer a question with a question.
7. Don't guess. It's OK to say you don't know.
8. Wait for the entire question to be asked, then answer carefully.
9. Speak clearly and audibly.
10. Get to the hearing room early. It is disrespectful to all attendees if you are late without a reasonable explanation.

If you have any questions or need help, contact me here and I will respond as soon as possible.

Andy Semotiuk - Why I Became An Immigration Lawyer

2011-03-06T13:20:00.003-05:00

Applying For Canadian Citizenship? Save All Your Documents

2011-03-06T10:52:00.010-05:00

James Metcalfe

by James Metcalfe - Pace Law Firm: Last week, a Halifax immigration consultant was busted by the RCMP for running a major citizenship fraud scheme. Such news is not unusual these days, with other such incidents being reported in Windsor, Toronto, and BC.

Although no specific details were released on the Halifax scam, I presume it involved multiple persons living at the same address, using the same employer, and even the same telephone number. It's an old trick. It does appear that the individuals involved were all Permanent Residents of Canada, but had not resided in Canada for the required length of time to qualify for Canadian citizenship.

While the authorities do their job and prosecute scam artists, it opens the door for us to talk about citizenship and how to achieve it properly.

Acquiring citizenship in Canada is quite straightforward. An individual has to establish residence in Canada and be physically present in Canada for 1095 days in the four years immediately preceding an application for Canadian citizenship. In other words, a person can be absent for up to 365 days in the preceding four years. That simple.

Since residence in the Citizenship Act is not defined as "physical presence," there is a certain amount of flexibility in determining a person's ability to meet the citizenship criteria. Federal case law has set a qualitative standard which citizenship judges can follow in instances where persons have not been able to acquire the required number of "in country" days. However, these decisions are the exception and not the rule. As long as you remember 1095 days as the benchmark, you're on the right track.

"Start saving evidence of your time in Canada and have it at the ready."

Unfortunately, one of the fallouts of the crackdown on fraudulent applications is that people who play by the rules are also suffering. The application process has slowed down to the point where citizenship applications that in the past could be processed in 6 to 8 months are now taking well over a year. More people are being asked to complete Residency Questionnaires to demonstrate that they have in fact lived in Canada. They are asked to show proof of their time in Canada, such as rental receipts, tax returns, references from doctors and dentists, and any other means to show that they have physically been in Canada.

Several years ago, we had the case of a young lady whose citizenship application was challenged by a judge. We examined her case and learned that she had an acute medical condition. This condition resulted in frequent doctor's visits, including extensive drug therapy. We obtained a summary of her treatment from the Ontario Health Insurance Plan, as well as a printout of all prescriptions that were issued from her pharmacy. The pattern of her residence in Canada became obvious, and her citizenship was granted by the judge.

The lesson of this story is clear: if you are planning to apply for citizenship, start saving evidence of your time in Canada and have it at the ready. The con artists and scammers have made Canada very careful about citizenship applications. The only way to fight back is with paperwork, and lots of it. The more proof you have of your time in the country, the easier it will be to process your application without a hassle.

It should go without saying that if you have not accumulated 1095 days in the four years preceding your application, your application will go under a microscope. Be prepared.

If you have any questions or concerns, leave a comment on the blog or contact us here.

Get Solid Advice On Immigration Issues

2011-03-03T16:58:00.011-05:00


James Metcalfe

by James Metcalfe - Pace Law Firm: On a daily basis, I receive telephone calls from people asking me questions about immigration. I often have to dispel myths and misinformation that they may have heard from others, including their friends and family.

A recent example of the type of questions we deal with came from a young lady - we'll call her "Susan" - who wanted to bring her fiancé to Canada. Susan had talked to a few people who had firsthand knowledge of immigration procedures, and then she called us. It quickly became apparent that none of Susan's advisers were qualified in the field of immigration law.

Susan's fiancé was a citizen of a North African country that was going through a revolution. Susan was under the impression that her fiancé could make a refugee claim and be accepted into Canada relatively quickly. Incorrect. We had to tell her that a person in her fiancé's country could not make a refugee claim and seek resettlement in Canada; he could only make a refugee claim outside his country of nationality. This would have required him to go to a third country, where he could make an application through the United Nations High Commissioner For Refugees.

Susan then brought up fiancé sponsorship. Apparently she had heard that fiancés could be sponsored to come to Canada. Incorrect again. I had to inform her that there are no provisions for fiancé sponsorship under the Canadian Immigration Act, as these provisions were done away with in 2002.

This was followed by a final question from Susan, which related to how long it would take to process an application for him if they were married. She had been advised by a friend that as the spouse of a Canadian citizen, he could come to Canada immediately. The answer was an unequivocal no. While she may have had the right to sponsor him if they married, he would still have had to go through a process to determine whether he met the criteria as a spouse before coming to Canada. Depending on the specifics of the case, this could take months or even years.

Unfortunately, there are many people providing information and advice on immigration procedures, and basing it on their own personal experiences. While their intentions may be good, it's important to remember that their own case may have been unique in some way, and that the rules might have changed since they went through the process.

My advice to anyone interested in immigration is to look at the Citizenship and Immigration Canada website. It contains a wealth of general information about Canadian immigration procedures.

If you have any doubts about the specifics of your situation, and if a friend's advice sounds a little too good to be true, be sure to seek the opinion of an immigration law firm.

Video: Canadian Immigration and Spousal Sponsorship

2011-03-02T09:03:00.000-05:00

We sometimes receive questions from Canadian citizens on how to bring a spouse to Canada through the spousal sponsorship program. In this video, Andy Semotiuk outlines the details. To contact Andy for more information, click here.

Canada: Land of Business Opportunity

2011-02-28T16:48:00.002-05:00

Readers interested in immigrating to Canada for business reasons will want to read this piece from the Washington Times. Emphasis ours:

Now, instead of expanding Canada's welfare state, the conservative government led by Mr. Harper is intent upon building the nation's global competitiveness. Our friends in the Great White North cut their corporate tax rate to 16.5 percent on Jan. 1 and will see it drop to 15 percent next year. That compares to the current U.S. corporate tax rate of 35 percent. That will give Canada the lowest corporate tax rate among the G-7 nations and an eye-popping advantage for businesses wondering whether to locate on the U.S. or Canadian side of the border.

Read the rest of the article here.

Immigration and Family Sponsorship from Outside Canada

2011-02-28T09:33:00.000-05:00

Marwa Badra

by Marwa Badra - Pace Law Firm: During our recent visit to Egypt, we were approached by Egyptian clients who have acquired Canadian citizenship, but are living in Egypt because of work or family commitments.

Due to the recent unrest in the region, many Canadians would prefer to return to Canada accompanied by their families. Unfortunately, the Canadian embassy in Cairo is not always cooperative in these situations, and applications for visitor visas for a spouse or child are sometimes being rejected.

That said, Canadians are sometimes being informed by unqualified individuals that they must be physically present in Canada in order to sponsor a spouse or child to the country. This is incorrect. Please note that this only applies to holders of permanent residence status who are not yet Canadian citizens.

Many of our clients with Canadian citizenship are surprised to learn that they may proceed with a sponsorship application without having to separate from their families in Egypt. The application may not always be successful, but you do not have to come to Canada before filing it.

As always, if you have any questions, contact us and we'll give you the right information.

Plenty of Skilled Worker Application Spots Still Available

2011-02-25T18:47:00.005-05:00

Andy Semotiuk

by Andy Semotiuk - Pace Law Firm: Anyone interested in immigrating to Canada should take a look at this list of occupations in the Federal Skilled Workers program.

From the CIC website:

Between June 26, 2010, and June 30, 2011, a maximum of 20,000 complete Federal Skilled Worker applications will be considered for processing. Within the 20,000 cap, a maximum of 1,000 Federal Skilled Worker applications per eligible occupation will be considered for processing within this same time frame...Applications received toward the overall cap: 8,385 of 20,000 as of February 25, 2011.

Glancing at the numbers, it is plain to see that there is a lot of opportunity to immigrate to Canada under the skilled worker program. Here is a sample of some of the jobs listed, with the total number of applications still available as of February 25, 2011:

Crane Operators: 996
Licensed Practical Nurses: 846
Architects: 495
Physiotherapists: 792
Dentists: 397
Dental Hygienists & Dental Therapists: 986
Chefs: 916
Specialist Physicians: 558
Plumbers: 962
Insurance Adjusters and Claims Examiners: 801

To see more available positions, click here.

If you would like to file an application, please contact us here. Note that the figures are a guide only, and there is no guarantee that an application sent now will fall within the cap. The sooner you apply, the better.

Canadian Immigration and Marital Status

2011-02-25T08:51:00.005-05:00

James Metcalfe

by James Metcalfe - Pace Law Firm: One of the recurring issues that we encounter are persons asking for assistance in having their spouses and children join them in Canada.

When the present act and regulations came into force in June 2002, Canada introduced regulation 117(9)(d). This regulation excluded some spouses and children from being sponsored by a Canadian citizen or permanent resident.

A typical scenario goes something like this: a successful single applicant for permanent residence in Canada is approved and a visa is issued. Prior to moving to Canada, the visa holder marries and proceeds to Canada. Then they subsequently wish to sponsor their spouse, and in some instances their children. Unfortunately, regulation 117 (9)(d) excludes the spouse or children from being sponsored. In addition, the prospective sponsor may be reported under the Immigration Act for making a misrepresentation upon entry to Canada. Such an accusation can then lead to removal of the sponsor from Canada.

"Do not make any misrepresentation of your marital status to immigration officials."

We have noted that some visa offices include warnings in their correspondence both before and after visas are issued. When completing the landing process upon arrival in Canada, individuals are again asked to declare that all the details on their documents are correct, including their marital status. Despite all the warnings given to them, some applicants have continued to make the mistake of failing to reveal that they are married.

There are no easy solutions to this problem, except to say that all applicants must ensure that the information they provide to visa offices is current and correct. Do not make any misrepresentation of your marital status to immigration officials.

If you are confronted by a 117(9)(d) situation, or you have been accused of misrepresentation by immigration officials, you should seek legal counsel as soon as possible.

Immigration and Visas For Parents

2011-02-23T16:27:00.001-05:00

James Metcalfe

James Metcalfe - Pace Law Firm: Earlier this year, Citizenship and Immigration Canada (CIC) announced their visa targets for 2011. The announcement caused some controversy, as the number of sponsored parents being allowed entry into Canada would be reduced significantly.

Right now, it can take anywhere from 5 to 7 years to complete the processing of sponsored parents, depending on their geographic location. Now picture this: there is currently a backlog of 120,000 persons awaiting processing, while the target for final processing in 2011 is only 11,000 people. If this trend continues, it will take more than 10 years for parents or grandparents to join their children in Canada.

How did this come about? If you look closely at the statistics, you will find that there is a large number of parental sponsorships awaiting processing in Asia, including India, Pakistan, Bangladesh, the Philippines and China. However, in the postwar era up until the 80s and 90s, immigration to Canada was predominantly European. Back then, there was simply a lower tendency to sponsor parents. After all, it was easy to visit parents in Europe, and Western European parents could likewise visit their kids without much trouble.

"A more rational approach to the processing of parents' visas is long overdue."

From my perspective, the problem we have now is that all sponsored parents and grandparents are treated the same as a homogeneous group, no matter their geographic location or their family circumstances. Yet in that group, you can have widowed parents, and parents with dependents, two groups in two different situations.

I believe the ministry should look at creating subgroups. I believe that widowed mothers and fathers should be given the highest priority, second should be parents without dependent children, and finally parents with dependent children. In the case of the last group, I would suggest that parents with dependents should be further divided based on where the balance of the family is, either overseas or in Canada.

Another thought would be to give parents preference by age. For example, parents in their 60's would be given preference over parents 50 and younger. Perhaps a point system based on some of these principles could be developed in order to make the rules clear to everyone.

When dealing with immigration issues, sometimes the stats get in the way. We are not simply dealing with numbers on a page or arbitrary targets. We are dealing with living, breathing people who just want to see their loved ones. We should be doing all we can do make this happen as fairly and efficiently as possible.

A more rational approach to the processing of parents' visas is long overdue.

Immigration Opportunities for Pharmacists, Dentists, and Other Medical Personnel

2011-02-22T13:14:00.003-05:00

Marwa Badra

by Marwa Badra - Pace Law Firm: In 2010, the government of Canada adjusted its immigration plan to decrease the backlog of applications in the skilled worker program. As of June 2010, skilled worker applicants must have either a job offer in Canada, or at least one year of work experience in any of 29 in-demand occupations.

These occupations were identified based on the labour market in Canada. The government, however, limited the number of applications considered for processing to 20,000 per year. Within the 20,000 limit, a maximum of 1,000 applications per occupation will be considered.

As of today, very few occupations reached the required cap, and a good opportunity remains available for medical practitioners, pharmacists, dentists, dental hygienists and physiotherapists.

If you have work experience in any of the above occupations and wish to explore your chances for a permanent resident application, be sure to contact us as soon as possible.

Upcoming Foreign Worker Rules Present New Problems

2011-02-21T12:19:00.001-05:00

John Burke

by John Burke - Pace Law Firm: Over the last several days it has been difficult to pick up a newspaper and not see an article talking about Canada’s immigration policy. For the most part, these articles have been critical of the government’s handling of this very important issue.

On Saturday there was an editorial in the Toronto Star that referred to the Conservative government as having created a “harsher Canada” in the eyes of immigrants. The Globe and Mail then ran a piece questioning the government's wisdom in allowing so many temporary foreign workers into the country.

While I don’t agree with everything stated in either of these articles, I do believe that they have identified a real problem with the increased number of Temporary Foreign Workers (TFWs) that Canada experienced during 2010.

What the articles did not mention, however, were the government's proposed changes to the Federal Skilled Worker Program (FSW), or the regulatory changes to the TFW stream that will come into effect on April 1, 2011.

New Rules = New Problems?

The FSW proposed changes are just proposals at this point, and may change considerably before becoming anything more, so I am not going to comment on these at this time. The regulatory changes, however, are much closer to being reality and, in my opinion, will cause additional problems in the long run.

The regulatory changes have been enacted to apply to all TFWs and their employers, not just to the root of the problem, which is the part of the program which allows the entrance of low and/or unskilled TFWs. In other words, it does not matter what job the temporary foreign worker is doing, or how specialized - and therefore important - their skills are to their employer. Temporary foreign workers will all be lumped together and treated the same. This sounds nice in theory, but in practice it is unfair to both the skilled temporary foreign worker as well as their employer.

The most concerning item contained in the changes is a 4 year cap on TFWs working in Canada, and a bar for a further 4 years before that individual can work here temporarily again. From the foreign worker's perspective, it must seem patently unfair to live and work in Canada for 4 years, then be told that you can't return for almost half a decade. From the employer's perspective, losing a highly skilled employee after 4 years of specialized service can do harm to the business, not to mention morale in the workplace.

I will have more information on the regulatory changes to the TFW Program later this week. In the meantime, you may wish to visit here and here for more details. As always, you can contact me here for more information.

Permanent Residence through Humanitarian and Compassionate Considerations

2011-02-19T09:07:00.005-05:00

James Metcalfe

by James Metcalfe - Pace Law Firm: This week, we had a happy ending to a family's case that took over five years to resolve. The family had spent the last ten years living in limbo, with no immigration status. They came to see us almost six years ago, after their overseas application had been refused. Their only alternative to gain permanent residence in Canada was through a Humanitarian and Compassionate application filed in Canada.

In technical terms, this is an application for a waiver of the immigrant visa requirements. Persons who wish to become a Permanent Resident in Canada are required to obtain a visa before entering the country. Since visas are only issued by visa officers who are stationed outside Canada, a waiver of this requirement is mandatory for people already here, such as through a spousal application for refugees.

In this instance, we believed there was good merit to the case. The family had two Canadian-born children and a large extended family already in Canada. The family was well established from an economic and social viewpoint, and they were involved in their community.

Why did it take five years for this case to come to a successful conclusion? Perhaps there are too many people in Canada applying under the Spousal Refugee category. The exception has become the rule. Typically, failed refugee claimants who have spent considerable time in Canada apply on Humanitarian and Compassionate grounds as a last resort. Many have little or no hope of success. Fortunately, this case ended with relief and smiles all around.

At Pace Law Firm, we provide candid advice while seeking the best course for our clients. If you need information on what you should do for your particular situation, give me call or leave a comment on the blog. I will reply promptly.

Canadian Immigration and Same-Sex Partnerships

2011-02-18T14:03:00.006-05:00

Marwa Badra

by Marwa Badra - Pace Law Firm: I received an email today asking about same sex partnerships and how the immigration laws are applied to them.

In 2002, the Canadian government liberalized spousal sponsorship policies under the Immigration and Refugee Protection Act. Canadian citizens and permanent residents of Canada were then allowed to sponsor their partners whether they be in a traditional marriage, in a common-law relationship, or in a same-sex partnership.

This is not a simple case of sponsoring your boyfriend or girlfriend to come to live with you in Canada. There must be a committed relationship which exhibits what are called the "four pillars" of a relationship. There must be a physical, financial, social and emotional relationship which partners can demonstrate to the satisfaction of the immigration department. The four pillars apply to both traditional marriage cases and for same-sex common-law partnerships.

We at Pace Law Firm have presented every type of relationship in the category of spousal sponsorship, and we've met with a high degree of success.

Similarly, if you are applying in the skilled worker category or another economic category, you can include your common-law or same-sex partner as a dependent, provided you can satisfy an immigration officer that you are in a genuine relationship.

If you have any questions or concerns about this aspect of the Canadian immigration laws, please contact us, or leave a comment on the blog and we will reply soon.

Immigration: Bringing Your Spouse To Canada

2011-02-16T20:13:00.036-05:00

James Metcalfe

by James Metcalfe - Pace Law Firm: We often have people ask for advice on how to solve the problem of rejected spousal sponsorship applications. The problem in these cases is that the sponsor spouse fails to persuade an immigration officer that the marriage is genuine. That is, the officer believes that the marriage was entered into primarily for the purposes of immigration to Canada, or what some call a "marriage of convenience."

While short-term engagements or arranged marriages may be acceptable in some cultures and societies, immigration officers have become careful with them. These officers are concerned about marriages entered into without any intention of the parties to live together, and that couples may be using sponsorship as the vehicle to simply gain admission to Canada.

We've seen cases of marriages which were accepted as genuine and led to immigration to Canada, then were suddenly dissolved with a quick divorce and a remarriage to a third-party. After the second marriage ensues, the problem for the sponsor begins. Using the old adage of, "Fool me once shame on you, fool me twice shame on me," Citizenship and Immigration Canada (CIC) get suspicious of these situations and take a hard look at the original sponsor spouse.

"The most important thing you can do to avoid having a spousal sponsorship application rejected is ensure that your application is put together properly"

CIC officers have long memories and a very good computer system, and I've seen them in action. We have had non-Canadian Citizen Sponsors being reported under the Immigration and Refugee Protection Act for misrepresentation, which can - and in some circumstances did - lead to removal from Canada.

In cases of spousal sponsorship rejection, you typically find that applications have been prepared and presented in a very haphazard manner, with little documentation to prove that there was an ongoing genuine relationship. An example would be: "I met her online and fell in love." A very simple and straightforward story - and maybe even true - but to the trained eye of an immigration officer, the story won't pass the smell test.

My goal here is not to frighten you, but to make sure that you start off on the right foot when you begin the application process. The most important thing you can do to avoid having a spousal sponsorship application rejected is ensure that your application is put together properly, and that your documentation is in excellent order. And remember: the more documentation, the better.

For these reasons, I highly recommend you contact an immigration law firm to handle the application in order to avoid disappointment and heartbreak.

Andy Semotiuk has more information in the video at the bottom of this post. Be sure to watch it, as it gives a good overview of the steps involved in handling a spousal sponsorship application. If you have any questions, feel free to leave a comment on the blog, or contact us here.

Quebec: A Good Immigration Option for Francophones

2011-02-14T08:34:00.003-05:00

Marwa Badra

by Marwa Badra - Pace Law Firm - From time to time, I receive questions from people interested in immigrating to Quebec. Quebec is an excellent choice, especially for those who speak French.

It is worth noting that under the Canada-Quebec Accord on Immigration, Quebec determines its own immigration requirements and selects immigrants who will adapt well to living in Quebec. Each year, the province of Quebec welcomes about 45,000 immigrants from 100 countries. If you speak French, Quebec might be the right place for you and your family.

Quebec offers life at a North American pace with enviable living standards. This includes affordable housing, free public education, and health care. A person who earns an average salary can live very well in Quebec.

Chateau Frontenac, Quebec City

For some people, security is the deciding factor in their choice of Quebec as a destination. People who settle in Quebec particularly appreciate living in a safe and secure environment in North America.

If you wish to explore your chances of immigrating to Quebec, please contact me here, or leave questions on this blog and I will respond right away.

Obtaining A Canadian Work Permit

2011-02-13T12:59:00.005-05:00

John Burke

The following is a Q&A with John Burke from Pace Law Firm. John specializes in temporary entry visas and employment related immigration matters.

In this conversation, John gives the basics for those seeking Canadian work permits.

John, can you find someone a job in Canada?

This is a common question, and the short answer is no. We do not act as a recruitment agent assisting people to find jobs in Canada. Our role is to help the individual who has been offered a job in Canada obtain the necessary clearances and permissions to legally work in the country. This often involves working with the potential Canadian employer, as well. Essentially, if you're thinking of getting a work permit and coming to Canada, the most important factor is having a job offer on the table.

Where can someone look to find jobs available in Canada?

The easiest place to start is the internet, as most companies have websites and many post their current job openings there. Alternatively, there are a number of internet-based job listing and search services such as Monster and Workopolis. There are also free web sites such as craigslist and kijiji that list jobs in a wide variety of occupations.

If I get a work permit, what are the conditions placed on it?

Your work permit will normally include such conditions as the type of work you can do, the employer you can work for, where you can work, and how long you can work. A complete list of your work permit's conditions is contained in Regulation 185 of the Immigration and Refugee Protection Regulations.

What about a husband, wife, or kids. Can they come to Canada, too?

Your spouse or common-law partner and dependent children can come with you to Canada or visit you in Canada, but they must meet all the requirements for temporary residents to Canada. They have to satisfy an officer that they will only stay in Canada temporarily, and they may have to prove that they have no criminal record. If a spouse or common-law partner and children need temporary resident visas, they must also meet all of the conditions for obtaining those visas.

How can someone reach you to get more information?

The easiest way is through paceimmigration.com, or calling us at 888-825-9303. Let the person on the other end of the phone know that you read the blog and that you want to find out more about work permits. Someone will be able to take your call right away. You can also reach me directly on my web page.

Statement from Canadian PM On Mubarak Resignation

2011-02-11T21:43:00.000-05:00

Statement by the Prime Minister of Canada following the resignation of President Hosni Mubarak of Egypt

February 11, 2011
Ottawa, Ontario

Prime Minister Stephen Harper today issued the following statement after Egyptian President Hosni Mubarak announced his resignation:

“Canada respects President Mubarak’s decision to step down in order to promote peace and stability in the country. The future of Egypt is for Egyptians to decide.

“Canada wants to see free and fair elections; we want to see the rule of law and stability; we want to see respect for human rights, including the rights of minorities, including religious minorities; we want to see the transition to a democratic Egypt.

“Our Government encourages all parties to move forward with a peaceful, meaningful, credible and orderly democratic reform process towards new leadership, including free and fair elections in order to build a brighter future for the people of Egypt.

“Canada will continue to support Egypt in implementing meaningful democratic and economic reforms. We will also continue to encourage and support Egypt’s efforts to promote regional stability and peace, including with Israel as well as continued respect for peace treaties in the Middle East.”

The Difference Between Immigration Law Firms and Immigration Consultants

2011-02-11T09:41:00.007-05:00

Andy Semotiuk

by Andy Semotiuk - Pace Law Firm: With the recent suspension of consular services in Egypt, those seeking answers to immigration questions should make sure that they are receiving good advice from reputable sources. Indeed, as Marwa pointed out last week, there are some unethical people that will take advantage of turmoil and uncertainty for their own gain.

In the past year, a number of cases of immigration fraud have come to light in Canada. In Windsor, Ontario, an immigration consultant was charged with 11 counts of fraud, with the RCMP stating that the consultant fleeced a number of people for between $2000 and $100,000. In July, 2010, another immigration consultant who advertised in community papers in Toronto was charged with six counts of fraud. In British Columbia, an immigration consultant was charged with fraud and forgery for allegedly providing people with fake school documents.

Does this mean all immigration consultants are dishonest? No. But it should lead people to be wary of whom they are dealing with when making decisions on something as life-changing as immigration.

For this reason, I thought it would be prudent to discuss the difference between immigration law firms and immigration advisers or consultants.

Unlike immigration consultants, law firms are governed by law societies, bar associations, and a code of ethics that enforce ethical behaviour. Law firms in Canada must carry insurance, which protects clients against losses. In the United States, most jurisdictions require insurance, or at least require lawyers to disclose whether or not they are insured. This provides a level of comfort to clients that is not available when dealing with immigration advisers/consultants.

Law firms are required to maintain privacy and to protect client privilege. Thus, they cannot share their client's information with anybody. Those employed by law firms have also been trained in the law and are well versed in the procedures required to comply with all federal regulations. They are bound by their code of conduct to make truthful representations to the government and to avoid misrepresentations that can ultimately destroy a case if it is uncovered.

Finally, only lawyers are accredited to file immigration appeals in cases where applications have been rejected, so immigrants can correct legal errors. Sometimes, this can include humanitarian submissions to prevail in the Federal Courts or other immigration appeal tribunals.

These are all matters that distinguish law firms from those carrying titles like consultants, advisers, notary publics, or notarios.

Not all firms are perfect, of course, but the foregoing reasons suggest it makes good sense to use an immigration law firm for your case. In short, be wary of paying big money and large upfront fees, or believing in "quick and easy solutions." Never deal with just anybody you see in the papers for your immigration matters. Beware of rumours about how someone else succeeded so fast, and of people who know how to do immigration because "they learned it themselves." More often than not, any of these situations will lead to an unhappy conclusion.

News for Visa-Seekers in Egypt

2011-02-09T16:58:00.003-05:00

Marwa Badra

by Marwa Badra - Pace Law Firm - We may have some good news for people in Cairo who wish to process visas at the Canadian embassy.

I received information from a source earlier today that the visa section of the Canadian embassy may resume normal operations on Sunday, Feb 13, 2011.

There has been no official announcement posted on the embassy’s website, so I highly recommend you confirm that the embassy is open before venturing to downtown Cairo. Also bear in mind that should the embassy open on Sunday, there will be long line-ups for service.

US & Canadian Border Security

2011-02-09T10:43:00.002-05:00

Andy Semotiuk

Border security between the US and Canada has been in the news a lot lately, with the concept of a North American "perimeter" coming to the fore.

The following is a Q&A on the subject with Pace Law Firm immigration attorney Andy Semotiuk. If you need further information, or are interested in obtaining a Canadian or US visa, contact Andy here.

Andy, what do you think of the current discussions going on between the US and Canadian governments on border security?

Any traveler to Europe has to be impressed with the way the European Union has managed to facilitate inter-state travel through a similar deal to what is being contemplated here in North America. Anyone who has obtained temporary resident visas for Canada or B-1/B-2 visitor visas for the United States knows that the criteria for issuing such visas are almost identical. It makes little sense for our two countries to be duplicating each other's security clearances for foreigners coming into North America. On the contrary, as far as security is concerned, getting it right once and for all on any entry into North America, whether into Canada or the United States, will likely improve our security in both countries.


Harper and Obama. Feb 4, 2011. Photo: AP / Charles Dharapak

Are there any special areas that need to be covered in these discussions?

For one thing, the Americans need to accept Canadians with Maple Leaf cards and permanent residence on the same basis as we accept Americans with green cards. This means that those Canadian permanent residents who come from countries outside the European Union and the Commonwealth should be accepted by the U.S. without the need for Consular visas. A permanent resident has already been vetted by Canada and presents no more danger than a similar permanent resident in the United States does to Canada.

You do a lot of work on cross border marriages and immigration. Are there any issues there?

A Canadian marrying an American should not have to go through the third degree at the border in regard to entering the United States, nor should an American spouse have trouble entering Canada. If someone is interested in sponsoring a spouse to immigrate to either country, they can drop me a line at our office.

What about criminal matters? How do we protect ourselves in that regard?

Well, as I mentioned, I favour a security perimeter around North America - the U.S. and Canada but not Mexico - where we process outsiders coming into North America like they process them in the European Union. Once you enter one country in Europe, entry into others is pretty straight forward. As for criminal matters inside North America, I believe there is a need for the USA to recognize Canadian pardons. That is a matter that could be raised in the discussions.

What is the core message you are trying to get across?

In short, we need to strengthen our grip on North American security but loosen up on the flow of goods and people along our Canada-US border.

Canadian Visas For Egyptians: Why the Delay?

2011-02-07T18:31:00.003-05:00

James Metcalfe

by James Metcalfe - Pace Law Firm: I have recently been receiving many emails and inquiries from Egyptians who have applications for permanent residence in Canada being processed at the Canadian Embassy in Cairo. Many of these writers are discouraged at the long processing times they face, and the lack of urgency on the part of the Embassy. There is no way to answer the question in a few words but I will give it a try.

In short, each visa office is given an annual target, which is the government’s way of saying a quota for the number of visas to be issued in a calendar year. In the case of Cairo, they have about 3800 Federal skilled workers in process, and a quota of 640 visas for 2011. To further complicate matters, there are certain streams of skilled worker applications: those dating from before February 2008, and those received after that date.

The date is critical because in February, 2008, the government of Canada placed a moratorium on new applications, and they changed the selection criteria in June, 2008. Simply put, those who applied before 2008 are going to wait longer. Given this situation, I suspect that persons who applied after February 2008 can expect to wait 3 to 4 years to have their applications considered.

Obviously this is not good news for persons who want to leave Egypt as soon as possible, and I really can't offer an immediate solution to the delay. Therefore, it is of utmost importance to complete your application thoroughly in the first instance to avoid any further delays in processing. We can help.

Important Message for Egyptian Copts

2011-02-04T13:10:00.004-05:00

Marwa Badra

by Marwa Badra - Pace Law Firm: I understand that due to the current situation in Egypt, many Egyptian Copts are under a great deal of stress and uncertainty. This has led to some opportunists taking advantage of the situation to serve their own interests.

I have been contacted today by several Egyptian Copts. They have received an e-mail in Arabic telling them that the embassy in Canada has launched a special immigration program for Copts in Egypt. The email tells them that the program will only remain available until February 8, and they are strongly advised to "act now." The email contains a link, which leads to Case Specific Inquiry on the government website. The message also prompts everyone to forward the message to friends and relatives.

Be advised, there has been no official announcement by Canadian government officials, including the Minister of Immigration, with respect to an emergency program for Egyptians. Therefore I urge everyone to refer ONLY to these reliable websites for information: Government of Canada, and Citizenship and Immigration Canada.

If you have any questions, please feel free to contact me, or leave a comment on this blog and I will reply.