Canadian Immigration Issues for May, 2021

May 2021 Legal Research Section Newsletter

The new TR TO PR pathway to permanent residence was very popular in the early part of MAY, 2021. The international graduates on work permit class filled up within two business days. It remains to be seen as to whether or not many of the applicants who applied actually completed the forms correctly or not. It is assumed that those applications completed incorrectly will open up new spots for more applicants to submit their application.

This new pathway is a whole new creation by the IRCC in a public policy notice. It is confirmed that once someone has applied under this new policy for PR pathway, they are not entitled to also submit a PNP application under any of the Provincial programs.

Processing delays with work permits and pr applications have really become serious issues. There are some applicants who have been waiting for their visa applications to be completed for over two and three years. The IRCC needs to deal with their antiquated GCMS (global case management system) and bring it into the 21st Century in a really big way. Applicant’s have the right to know at what stage their case is at and to know in a reasonable time frame the conclusion of their application. This is clearly not the case during this past year of the pandemic. It is important as lawyers not to clog the system with unnecessary litigation but the government does not leave much of a choice in this regard. One real option that can be pursued is to bring a mandamus application in the federal court system. Mandamus can be effective as the department of justice lawyers must answer the argument on behalf of their client, the IRCC.

The border between Canada and USA remains officially closed to non essential travel. If an applicant is a business person requiring entry into Canada for an essential service it is best to have regard to NAFTA as there are options within that treaty for the business person to avoid having the need to apply for a work permit. However, it should be noted that all ports of entry work independently of one another. The CBSA officers do not speak with one voice so knowing ahead of time the nuances of various ports of entry can be integral to representing your business client to the best of your ability. The practise of immigration law is a blend of familiarity with federal legislation and understanding the bureaucratic structure of both CBSA and IRCC.

Express Entry pools continue to issue letters of advice to apply in the Canada Experience Class and Provincial Nominee categories. The CRS points level will vary depending on the applicants that appear in that particular pool. The key to success for being picked is to ensure all of your documents are in order in advance of submitting your EOI on line. This will save time and expense down the road.

The government has high expectations to approve over 425,000 cases this year. That is a very high target to reach. It is anticipated that further public policies will be announced in the coming months where the threshold for applicants will be lowered further in order to see more talented applicants enter the pool.

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.

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