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Author Archives: Darren Penner

October 5, 2020

IRCC announced today that the 2020 parent and grandparent sponsorship program will reopen on..

 

IRCC announced today that the 2020 parent and grandparent sponsorship program will reopen on Tuesday, October 13, at 9:00 a.m. Pacific Daylight Time. At that time, sponsors will be able to submit an expression of interest but, unlike the 2019 program, this will not be a first-come, first-serve registration. On the contrary, registration for the 2020 program will remain open for three weeks, closing at 9:00 a.m. on November 3, 2020. That will give sponsors three full weeks to register an expression of interest to sponsor parents or grandparents in the 2020 program. After registration closes, IRCC will randomly draw the names of 10,000 sponsors and send each one an invitation to submit a full sponsorship application. On receiving an invitation, sponsors will have 60 days to submit the application.
 
Although the number of spots in the 2020 program has been reduced to 10,000, IRCC has committed to opening 30,000 spots during the 2021 program. IRCC has not released any details on whether the 2021 draw will be weighted to favour those sponsors who submitted an expression of interest in the 2020 program but were not selected. We will bring you more details on that as they become available.
We would be happy to assist you with the submission of an expression of interest. We will be contacting people this week who have previously asked us to assist them with the 2020 program. However, please feel free to reach out to us anytime, whether or not we have previously been in touch about the program.
July 23, 2020
July 23, 2020

This round targeted applicants in the Canadian Experience Class (CEC)..

 

Immigration, Refugees and Citizenship Canada (IRCC) issued a round of invitations to apply for permanent residence through Express Entry today. This round targeted applicants in the Canadian Experience Class (CEC). A total of 3,343 invitations were issued and the lowest score to receive an invitation was 445. Invitations were not issued to applicants in any class other than the CEC.
This is the second round of invitations issued by IRCC this week. On July 22 they issued a round of invitations targeting applicants in the Provincial Nominee Class (PNC). They issued 557 invitations and the lowest score to receive an invitation was 687. Applicants in the PNC will have at least 600 points through their nomination, so anyone who was able to gain an additional 87 points would have received an invitation.
Applicants in the Federal Skilled Worker Class and the Federal Skilled Trades Class (FSTC) have only had two opportunities to receive an invitation since March 4. On that day, IRCC issued a round of invitations under all programs and the minimum score required to receive an invitation was 471. The next opportunity was July 8, when IRCC issued a round of invitations to applicants in all programs with a score of at least 478. Before March 4, most rounds of invitations were issued to applicants in all programs, but IRCC would issue a round of invitations targeting the FSTC a few times each year. Rounds targeting the FSTC have required a score ranging from 199 to 357, with 357 being the score required in the most recent round.
July 22, 2020
For a limited time, some temporary residents who are out of status in Canada may apply to restore their status, even if they are outside of the 90-day restoration window.

 

For a limited time, some temporary residents who are out of status in Canada may apply to restore their status, even if they are outside of the 90-day restoration window.
July 14 Changes to Restoration
Due to the problems associated with the COVID-19 pandemic, Immigration, Refugees and Citizenship Canada (IRCC) is offering some additional relief to temporary residents who are out of status. The 90-day restoration window has been extended to December 31, 2020 for anyone whose status expired after January 30, 2020. For example if Marco, a temporary resident of Canada with a work permit, discovered on February 15 that his work permit had expired on February 14, he would normally have until about May 15 to submit an application for restoration. This temporary policy will allow Marco to apply for restoration anytime up to December 31, 2020, provided that he meets the other general requirements for restoration.
IRCC has also implemented temporary rules to allow some workers to begin working while waiting for their restoration applications to be processed. To begin working during restoration, a worker must have a job offer that is either supported by a Labour Market Impact Assessment (LMIA) or is exempt from the requirement to obtain an LMIA, and must notify IRCC about the work. It is important to note here that a simple offer of employment from an employer is not enough; an LMIA must be obtained or an exemption to the LMIA requirement must be applicable to the situation.  
General Information on Restoration and Implied Status
A worker, student or visitor in Canada who intends to remain in the country after the expiration of their status must apply to extend their status before their current document expires. If they are unable to do so, they are considered to be out of status on the day following the date on which their document expired. For example Julia, a temporary resident in Canada with a work permit, looks at her work permit on July 21 and realizes that it expires on July 21. Although likely in a panic, Julia is still able to extend her status as a worker as long as she submits the application before midnight (and she should screenshot the submission page with the time and date visible). In another example, Marco, a temporary resident with a work permit, wakes up on the morning of July 22 and notices that his work permit expired on July 21. Marco is out of status in Canada on the morning of July 22.
Restoration provides some relief for Marco. He will typically have a 90-day window to submit an application to extend his status that expired on July 21. Marco must submit a restoration fee of $200 in addition to his work permit fees, and if he otherwise meets the requirements for restoration, he can expect to be restored to the status of worker.
It is important to note some differences between implied status and restoration. Because Julia submitted an application to extend her status before her status expired, she will be on implied status as of July 22. Implied status means that Julia can remain in Canada under the conditions of her expired work permit until she receives a decision on her new application. Because Julia held a work permit, she may continue to work while on implied status. If she held an open work permit she may work for any employer while on implied status. If her work permit was employer-specific she may only work for that employer while on implied status, even if she is applying for an open work permit through the new application. The same rules are applicable to students and visitors. However, if a worker or student leaves Canada during implied status, they are not permitted to work or study when they re-enter. So if Julia goes to Seattle for the BC Day long weekend, she will re-enter Canada as a visitor and will not be permitted to work until such time as she holds a valid work permit.
Restoration does not offer the benefits of implied status in terms of work or study. Although Marco in our example has 90 days to restore his status, he loses authorization to work after July 21. And unlike implied status, submitting the new application does not give Marco the authorization to work while the application is being processed. He may only begin working again only after receiving a new work permit. If Marco had held a study permit in this example, he would likewise be unable to continue his studies until a new study permit is issued.  
These are merely examples of typical restoration and implied status scenarios. Real life situations are often much more complex.
June 7, 2020
June 7, 2020

We stand with Black Lives Matter. We are listening.

 

As an immigration law firm, it is our job to assist people in clearing the immigration hurdles as they relocate to Canada. But there are many other hurdles that racialized people face every day in North America, whether they are new arrivals or whether their families have been here for generations. We at Quadro Law support Black Lives Matter. We condemn, in the strongest possible terms, the systemic racism and disregard for human life that has led to the deaths of George Floyd, Breonna Taylor, Ahmaud Arbery, and so many other Black men and women at the hands of a racist establishment. 
We will do better by ensuring that racialized people have and will continue to have a strong voice in our firm. We will start an ongoing dialog with our employees, aimed at improving upon the respect and sensitivity with which we treat our racialized colleagues and clients. And we will recommit to ensuring that we are as diverse as Canada is.
We stand with Black Lives Matter. We are listening.
May 17, 2020
May 17, 2020

This is where many people run into problems. It is absolutely vital that you submit…

 

Police certificates can cause a lot of problems for applicants. Not only must the correct document be obtained, but it must then be submitted to IRCC correctly as well. IRCC publishes some very helpful instructions for obtaining police certificates from each country here.
Some countries require a letter from IRCC requesting a police certificate before it will be issued. In these cases, IRCC will accept the application without the certificate, and will then issue a letter once processing has begun. If you need to submit a police certificate from a country that requires this procedure, you will find a note in the IRCC instructions to that effect.
Generally, applicants are not required to submit a Canadian police certificate, even if they have been living in Canada for more than six months when the application is submitted. However, IRCC may come back to the applicant after submission of the application and request one. This can happen for various reasons. For example, if IRCC receives information from the RCMP that someone with a similar name has a criminal record, IRCC will request a certificate from the applicant to make sure they are not that person.
Once you receive the police certificate, it is worth checking the IRCC instructions again to ensure that the correct document was received. If you have the right certificate, you can then submit it to IRCC. If the certificate is in English or French, submission is relatively straight forward: You would just enclose the original certificate if you are submitting your application in paper form, or submit a colour scan of the certificate if you are submitting the application online.
If the certificate is in a language other than English or French, it will need to be translated before it can be submitted. This is where many people run into problems. It is absolutely vital that you submit an unmarked colour scan (for online applications) or the original, unmarked certificate (for paper applications), as well as the translation package. The translation package needs to have three components: (1) a translation of the document into English or French; (2) a copy of the original, untranslated document, which has been stamped by the translator; and (3) a statement by the translator that the translation is authentic, which may be on a sperate page or which may be printed on one of the other documents. If you submit only the translation package, IRCC will reject the application, even though the translation package contains a stamped copy of the police certificate. This is because IRCC knows exactly what the police certificates from each country should look like, including both the markings and the colours used on the page. They need an unmarked police certificate in colour in order to ensure that they are looking at an authentic document. The translation package then needs to include a copy of the police certificate, so that IRCC can see the document that the translator was looking at when making the translation.
Sometimes applicants will already have an older police certificate that they wish to submit with their application. This can work, if you have the original and if it has not expired. The general rule of thumb is that a police certificate will expire six months after it is issued. This is true even if you only lived in a country for a few days after the certificate was issued. However, if the certificate was issued after you stopped living in a country, it will not expire and you may be able to use it in a future application. Some IRCC programs set different requirements though, so it is important to be familiar with the requirements for your specific program before deciding whether or not to use your old police certificate.
Overall, ordering police certificate and submitting them to IRCC can be straightforward process. As with other immigration-application-related issues though, identifying the pitfalls and avoiding them is crucial to success.