CANADIAN IMMIGRATION ISSUES For JANUARY, 2021

The IRCC is paying attention to the negative effects of the pandemic. In a dramatic move, foreign nationals who are present in Canada as of January 08, 2021, are eligible to apply for and receive a Post Graduate Work Permit that is valid for up to 18 months. They can receive this work permit even if they received one in the past. This is being done because there are many foreign nationals who have graduated from colleges and universities across Canada and have faced many challenges to locate and find any kind of employment before their work permit expires. Many only have a post-graduate work permit that is valid for one year as they only studied in Canada for one year. The tuition for an international student is very expensive for foreign students. A one-year program can cost as much as $17,000 or more. Their tuition costs are essentially triple of that which the typical Canadian citizen student pays to the same institution.

The weblink that contains the government notice can be found here: https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/students/pgwp-extend.html

The essential conditions to be met are as follows:

  • Your PGWP expired on or after January 30th, 2020
  • Or will expire within 4 months of applying for the PGWP
  • You are in Canada as of January 27th, 2021
  • You have temporary resident status either on a pgwp, visitor, or student record
  • Or you lost your status and restored it
  • Or you intend to restore the status and apply for this PGWP at the same time
  • And your pgwp will only be issued to the expiry of your passport. So it is best to ensure your passport is valid for up to 18 months or longer to ensure you qualify for the maximum period which is 18 months for this open work permit.
  • One must apply by July 27th, 2021
  •  

This new policy breathes important life back to many foreign nationals. It is a badly needed relief mechanism that all students will receive.

In addition to the above, the IRCC also extended another public policy originally implemented in July 2020, to foreign nationals who need to restore their status whether that be visitor, student, or worker, and to have until August 31st, 2021 to do so as long as they meet the following conditions:

  • Were in Canada on legal status as of January 30th, 2020
  •  They apply to restore any time up to and including August 31st, 2021
  • And your status expired on or before May 31st, 2021.

The combination of these two policies makes it much more palatable to stay in Canada. Foreign nationals who have come to our country have made huge sacrifices; separated from their families and spent thousands of dollars on their education. The completion of biometrics is not necessary if the foreign national is in Canada.

 The IRCC is also making it possible for foreign nationals who are residing in Canada and have received a letter of introduction (LOI) after approval of a study or work permit processed outside of Canada, are able to have their document examined inside of Canada by using the webform applicable to their particular application. This also applies to those FN’s under the International Experience Canada (IEC) program. See the following web link at Foreign nationals who are in Canada with a letter of introduction (LOI) after approval of a study or work permit application processed outside of Canada: COVID-19 program delivery – Canada.ca

The SCC decision in Canada(MCI)v. Vavilov 2019 SCC 65 continues to make a huge impact. The federal court decision in Zhao v. Canada(MCI) (2021) FC 38is no exception. Madame Justice Pallotta ruled that the decision of the IAD of the IRB was reasonably applying the standard of reasonableness in matters where the decision-maker has discretionary making powers. The case involves a woman from mainland China who was found inadmissible in Canada for having pursued a non-genuine marriage permanent resident application. Her removal order was upheld by the IAD and the federal court essentially agreed in a thorough review of many factors such as the best interests of the child and establishment in Canada and inconvenience to her family members, including a Canadian born child. The case is a good one for its clear and concise legal analysis and application of procedural fairness principles and the application of the reasonableness standard.   

David H. Davis is the founder and owner of Davis Immigration Law Office. He and his team can be reached by email at david@daviddavislaw.com on the web at www.daviddavislaw.com or by phone at 204-956-2336 extension 208. David has over 31 years of legal experience in Canadian immigration legal matters and is a licensed recruiter in Western Canada: Manitoba, Saskatchewan, and Alberta.

Leave a Comment

Your email address will not be published. Required fields are marked *