Snapshot Thoughts on the Canada British Columbia Immigration Agreement 2015 – Foreign worker protection (Annex B, section 9.4)
First of all, the intention is good. It carries out an obligation from 2015. Foreign nationals in B.C. who hold an employer-specific work permit for an employer or who are authorized to work without a permit per IRPA or IRPR now have access to foreign worker protection in the case of a real and substantial risk of […]
The Immigration Consequences of ‘I Just Got Fired’
One of the major impetuses of my decision to switch practices and move to a new law firm was to shift my practice from providing advice mostly to employers to being able to provide advice to primarily employees and educational institutions that will grow future graduates. I believe it is absolutely crucial for all temporary-foreign […]
No Reason For No Reasons – Cruelity in the Case of In-Canada Spousal Refusals
A fundamental principle of natural justice/procedural fairness is that an applicant should have knowledge of the case against them, especially in the context of receiving reasons for refusal. Procedural Fairness requires that applicants know within a refusal why their application was refused and what sections of the law applied. In my own practice, and at an alarming […]
A Fresh New Start – Edelmann and Co.
First week officially in the books. I look around at my office, out at Victory Square through one clear and one not so clear glass window (there’s a story behind this – for another day, no less), I feel as if I have finally settled in. I am grateful to have landed in a place […]
Remorse Should Go Two Ways: Lessons Learned Fighting Immigration Fraud in Vancouver
As a lawyer, I ultimately have two major loyalties. The first, to my client, to ensure to defend their interest to the best of my ability and legal knowledge. The second is to the public, to justice, to ensure that the actions I take are always above board, ethical, defendable and do not bring our […]
Expect 2018 to Be the Year of the “Yes, No, Maybe (After a Delayed While)” in Canadian Immigration
I have noticed a bit of a trend in immigration over the past half year one that I believe will set the stage for 2018. There are some applications – straight-forward Express Entry applications (for example) and on the province-side, certain nomination applications that are going fast. Incredibly fast. I recently had a few Express […]
Why I disagree with CBSA’s approach actioning s.40 IRPA misrepresentation as s.29(2) IRPA failure to comply for not actively pursuing studies
I have seen a worrying trend of clients show up with the following fact scenario. “X went to U.S. for a day trip. X is referred to secondary at the Port of Entry (“POE”) after attempting to enter on a study permit. There is a misrepresentation or misrepresented statements uncovered. Canada Border Services Agency (“CBSA”) […]
