ARTICLE FROM DAVIS IMMIGRATION LAW OFFICE

The Labour Market Impact Assessment (or LMIA) is an application that is completed by a Canadian employer who desires to hire foreign workers from outside of Canada. There are many steps that the employer must take such as mandatory advertising and recruitment activities so as to exhaust all options domestically to hire Canadian or Permanent Residents to fill their market needs. The government department of SERVICE CANADA receives all LMIA applications and it is their job to ensure that employers are compliant in all respects.

 Historically the LMIA application is completed in hard copy form and many many documents in support of the proposal need to be submitted either by fax or direct courier. The application and supporting documents could be numerous pages long. Sometimes as long as 75 or 100 pages in length. The result is that the fax may not be received in whole or the courier does not reach the office location in a timely manner.

 In this ever changing world of disruption in the legal technology sector, the government has implemented the ability to submit the LMIA in an on line format. This is terrific news and certainly makes it a lot easier for the preparer to cogently prepare the applicable forms and collect all supporting documents for submission in an electronic format. The same user log in details as one uses for the job bank also works for this online preparation link. The application works in a way where the process is seamless and allows for the filling in of the information. This creation is simply terrific and will really revolutionize document preparation. In my opinion, it will largely reduce common mistakes and ensure of more positive outcomes. See the following web link: https://www.canada.ca/en/employment-social-development/corporate/notices/labour-market-impact-assessment-apply-online.html

 The IRCC has made further announcements in regards to the application and submission of the POST GRADUATE WORK PERMIT (or PGWP). The immigration department clarified and confirmed that students who have completed their program are allowed to work while waiting for the processing of their PGWP. And, the applicant’s can leave and re enter canada while waiting for the processing of their PGWP. This is definitely new, as usually person’s waiting for a work permit processed in Canada are not allowed to leave and re enter canada while their document is being processed. This is a huge positive step in the development of making international students welcome to Canada. The future of skilled immigration largely depends on how we as a country train and educate newcomers as well as those born in Canada. see the following link for the updated instructions for applicant’s in the PGWPP: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html

In regards to federal court litigation and the Post Vavilov era we now live in, it is noteworthy to review judicial pronouncements and their interpretation of the SCC anaylsis. There are many questions that emanate from the Vavilov decision. Of import in the area of immigration law, is how much deference the Court’s will give to administrative decision-makers. The analysis should not be one that results in a line by line search for error but at the same time the decision made ought to demonstrate that the decision-maker “engaged” with the evidence submitted by the applicant: Li v. Canada (Citizenship and Immigration), 2020 FC 279, at para. 13, Fuhrer J. – Note: I read and applied some of the observations of Paul Daly with the Faculty of Law at the University of Ottawa from his web site at the following link: https://pauldaly.openum.ca/blog/2020/02/04/vavilov-hits-the-road/

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