Category Archives: Uncategorized

ELIMINATION OF PAPER BASED APPLICATIONS

 

Immigration Newsweek

 

By Atty. Henry Moyal

 

 

  • ELIMINATION OF PAPER BASED APPLICATION

 

Years ago Canada Immigration implemented a portal system that permitted applicants to submit certain applications online and to monitor applications including updates. Applicants were however given the option to submit their applications by mail in paper based format. Effective June 4, 2019 Canada Immigration changed the rules and have demanded that foreign nationals who are in Canada as visitor, worker or student and are seeking to extend their status must apply by electronic means only. Specifically, all of the following applications must be filed online by uploading documents with a scanner:

  • applications for extensions for visitor status made from within Canada
  • applications for study or work permits made from within Canada
  • applications for renewals of study or work permits made from within Canada

 

The beauty and complexity of Immigration law is the way regulations and policies can change almost on a monthly basis. This week several changes were announced and are quite monumental despite the low key coverage it has garnered. The following two changes have been in the works for a long time and only now have they surfaced to the forefront.

 

  • NON DECLARED FAMILY MEMBERS – SECTION 117(9)(D)

 

 

The infamous Section 117(9)(d) of the Immigration and Refugee Protection Act (IRPA) has been a thorn in the side of many applicants and lawyers who viewed it as too harsh. It stated that non-declared family members who were not part of a sponsor’s original application could never be sponsored in the future and rendered family members ( for example spouses and children) ineligible and “not part of the family class”. Furthermore, by not being part of the “family class” prevented any right of appeal to the Immigration Appeal Division.

 

However, starting soon, sponsorship applications for family members who were previously banned from obtaining permanent residence under Canada’s Immigration laws will now be allowed to be sponsored under a new two-year pilot program starting September 9, 2019.

 

In a brave move, Ahmed Hussen, the Federal Immigration Minister, announced that applicants will now be able to sponsor non-accompanying family members who were not declared and therefore were not examined by immigration authorities when the sponsor applied for Canadian permanent residence.

 

The pilot program will start in September 2019 and run for two years. It is not yet known whether quotas will be set for the number of applications accepted.

 

 

 

 

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.

The above article is general advice only and is not intended to act as a legal document.

Send questions to Attorney Moyal by email canada@moyal.com  or call 416 733 3193

 

UNDECLARED FAMILY MEMBERS CAN NOW BE SPONSORED

 

UNDECLARED FAMILY MEMBERS CAN NOW BE SPONSORED

 

Sponsorship applications for family members who were previously banned from obtaining permanent residence under Canada’s Immigration laws will now be allowed to be sponsored under a new two-year pilot program starting September 9, 2019.

In a monumental move, Ahmed Hussen, the Federal Immigration Minister, announced that applicants will now be able to sponsor non-accompanying family members who were not declared and therefore were not examined by immigration authorities when the sponsor applied for Canadian permanent residence.

The root of the problem was Section 117(9)(d) of Immigration and Refugee Protection Regulations

that rendered family members ( for example spouses and children) ineligible and “not part of the family class” if they were not declared at the start.

The implementation of Section 117(9)(d) which was enacted several years ago was regarded as very harsh and thousands of applicants have been denied bringing their children and spouses over the years due to this law.

The new program will run from September 9, 2019 to September 9, 2021.

Henry Moyal, Immigration Lawyer

www.moyal.com

416 733 3193

STUDENT VISAS FOR FILIPINOS TO BE PROCESSED IN 20 DAYS UNDER NEW PROGRAM

 

Immigration Newsweek

 

By Atty. Henry Moyal

 

 

Applicants living in the Philippines ( or China, India and Vietnam) who want to study in Canada will now be eligible under a new program called the Student Direct Stream (SDS) which will expedite visas and process student visas in 20 days.

 

As of May 1, 2019 SDS applications are being centralized and processed by the Centralized Network (CN) and require that applicants submit applications online. Applicants who file a paper application or applicants who are physically in Canada at time of application are not eligible.

 

To be eligible all applicant must provide the following top ten items:

  1. Proof of a valid English test result, completed within 2 years of the date the SDS application was received, showing an IELTS score of 6.0 or higher in each language skill: listening, reading, writing and speaking

 

  1. Proof of a Guaranteed Investment Certificate (GIC) of CAN $10,000 or more from any bank insured by the Canadian Deposit Insurance Corporation (CDIC).

The GIC must meet the following criteria:

    • When the GIC has been purchased, the bank provides a letter of attestation, the GIC certificate, the Investment Directions Confirmation or the Investment Balance Confirmation to the applicant.
    • The bank holds the funds in an investment account or a student account that is inaccessible for release to the applicant until the applicant’s arrival in Canada.
    • Upon entry to Canada, the bank must validate the client’s identity before releasing funds to the study permit holder.
    • The applicant receives an initial disbursement upon identifying themselves, and the remaining funds are disbursed in monthly or bi-monthly installments over a period of 10 to 12 months.

 

  1. Proof of full payment of tuition for their first year of study

This may be in the form of the following:

    • a receipt from the school
    • an official letter from the school confirming payment of tuition fees
    • a receipt from a bank showing that tuition fees have been paid to the school
    • proof that the tuition fee amount has been transferred into a repository account at the school to be applied to the tuition bill at a later date

 

  1. Letter of acceptance from a post-secondary institution
  2. Proof of completion of upfront medical examination from a panel physician
  3. Application for Study Permit Made Outside Canada form
  1. Family Information form
  2. Application processing fee payment and biometric processing fee payment
  3. Birth Certificate

10.Photocopy of Passport

 

 

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.

The above article is general advice only and is not intended to act as a legal document.

Send questions to Attorney Moyal by email canada@moyal.com  or call 416 733 3193

 

 

FILIPINO CAN STAY IN CANADA DESPITE FAILED MARRIAGE

FILIPINO CAN STAY IN CANADA DESPITE FAILED MARRIAGE

 

 

 

 

Immigration Newsweek

 

By Atty. Henry Moyal

 

 

  1. I came to Vancouver from Manila as a student five years ago and met my Canadian wife on campus. We married and I immediately filed an inland sponsorship application. I received my open work permit that is valid until 2021. The sponsorship application has not been completed because our marriage has broken down and my wife contacted immigration to cancel the application. She is now telling me to leave Canada and she will have me deported. Do I need to leave? Can she deport me? Can I still work?

 

 

  1. Your wife has no authority to deport you. Only CBSA can do that. You do not need to leave Canada. While it is clear that the sponsorship is over and no longer exists that has nothing to do with the work permit that was given to you. Under IRPA regulation 209 a work permit only becomes invalid when it expires or when a removal order becomes enforceable. In your case, the work permit remains valid and you can still work until 2021.

 

 

 

  1. I’m in Canada on an open work permit via my spouse. While on that work permit I legally worked as a home support worker for over 12 months. Am I eligible to apply for the new Interim Pathway for Caregiver program? Please let me know soon because I know that the program expires June 4, 2019. Second, how long is the processing to get permanent residence? My work permit is expiring soon.

 

  1. Correct, all applications under the Interim Pathway for Caregivers must be submitted by June 4, 2019. However, you are not qualified. In order to qualify for the Interim Pathway for Caregivers, an applicant must have gained one year total of their work experience while working on a Temporary Foreign Worker Program work permit. Caregivers who have gained their work experience on work permits other than through the Temporary Foreign Worker Program (such as open work permits under the International Mobility Program) may have other options to apply to permanent residence, including through Express Entry, the Provincial Nominee Program and the Atlantic Immigration Pilot. Please note that the processing time service standard for the Interim Pathways to PR for Caregivers is 12 months.

 

 

  1. I was convicted of DUI criminal offence in the USA over ten years ago. I understand that laws have now changed preventing me from entering Canada. Is that true?

 

  1. If it’s your only conviction outside Canada, you appear to still be qualified to enter Canada under “deemed rehabilitation”.

Under Canadian criminal law a DUI  is an indictable offence. Under the enactment of Bill c-46 on December 18, 2018, Canada changed the laws and made DUI offences serious criminal offences (not regular criminal offences).

It is important because Canada Immigration treats people different ( when they want to enter Canada) if they have serious criminality or regular criminality.

If your DUI was over ten years ago it is my understanding that border officials are treating DUI the same as before so you seem to be qualified for deemed rehabilitation.

It is a good idea to have all your court documents AND an FBI report in hand when going to the border to demonstrate you do not have any other convictions.

 

 

 

  1. I’m an educated and experienced nurse from the Philippines. I also have relatives in Canada. I am trying to apply for an independent visa under express entry. I have been told that it is better for me to apply alone and not with my wife. Is that true?

If I do that can my wife never become an immigrant?

 

 

  1. You are asking a strategy question not a legal question.  Yes, under the current scoring grid it appears that in some cases, an applicant will have a stronger case if they apply alone and leave their spouse off the application. If successful, only you will obtain a permanent resident visa – not your spouse. If so, you will need to live in Canada after becoming a permanent resident and then file a separate sponsorship application after.

 

 

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.

The above article is general advice only and is not intended to act as a legal document.

Send questions to Attorney Moyal by email canada@moyal.com  or call 416 733 3193

 

 

HOW TO OBTAIN A JOB OFFER IN ONTARIO

 

 

Immigration Newsweek

 

By Atty. Henry Moyal

 

 

Q. I am currently in Toronto on a visitor visa and I want to work. I have several years of experience in my field but when I approach a potential employer that do not know what needs to be done to hire me.

How do I get an open work permit and what must a Canadian employer do to hire me?

 

A. As you are aware, you are not authorized to work as a visitor. You need a work permit to engage in employment. There are only a few ways to obtain an open work permit ( not restricted to any employer) but from the brief information provided you do not seem to fall under those criteria. As such, you need to obtain ann “employer specific” work permit which means you must work for the specific employer named on the work permit. To apply for such a work permit the employer must obtain a labour market impact assessment from Service Canada. In Ontario, employers can also help you by giving you a job offer. To qualify for that the employer must meet certain criteria:

 

 

  • Employers must have been in active business(corporations, limited partnerships and sole proprietorships) for at least 3 years.
  • Employers must have business premises in Ontario where the worker will work.
  • Employers must be in compliance with the Ontario Employment Standards Act and the Occupational Health and Safety Act.
  • Employers inside of the Greater Toronto Area must have:
    • A minimum of $1,000,000 in gross annual revenue for the most recent fiscal year,
    • Five full-time employees who are Canadian citizens or permanent residents at the location where the applicant will work.

  • Offer you full-time position and of an indeterminate duration in a skilled position
    • Must consist of a minimum of 30 hours per week and at least 1,560 hours in a one year period.

 

 

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.

The above article is general advice only and is not intended to act as a legal document.

Send questions to Attorney Moyal by email canada@moyal.com  or call 416 733 3193

NEW CAREGIVER PROGRAM IS ONLY OPEN FROM MARCH 4, 2019, TO JUNE 4, 2019

NEW CAREGIVER PROGRAM IS ONLY OPEN FROM MARCH 4, 2019, TO JUNE 4, 2019

Immigration Newsweek

By Atty. Henry Moyal

Canada Immigration has just announced two new caregiver programs that will provide a pathway to permanent residence and will replace the current Caring for Children and Caring for People with High Medical Needs programs.

The first program is called the Interim Pathway for Caregivers, which is only open from March 4, 2019, until June 4, 2019.

This program is also a dedicated pathway to permanent residence for qualifying in-home caregivers.

To qualify you must:

Your must have work experience in Canada for at least one year AFTER November 30, 2014 must as a:

You need to take an English language test and score at least CLB 5.

You must have a Canadian high school diploma or a non-Canadian educational diploma, certificate or credential that’s equal to a Canadian secondary school (high school) diploma.

You are NOT eligible if:

  • your application to extend your work permit is refused
  • your application to restore your status as a worker is refused
  • your current work permit is in the Live-in Caregiver Program, or
  • you’re applying to extend your work permit or restore your status and your most recent work permit was under the Live-in Caregiver Program

The second program is a welcome change to the long standing history of live in caregiver programs that will now allow:

  1. Workers to change jobs freely and caregivers will now receive occupation-specific work permits ( not employer specific work permits).
  2. Allow spouses and children to come to Canada together as the same time as the worker

Under the new program, applicants will be assessed for permanent residence criteria before they begin working in Canada. Once the caregiver has their work permit and 2 years of work experience, they will have access to a direct pathway to become a permanent resident. The specific criteria and implementation date have not yet been published.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

NEW FAST TRACK REFUGEE LAWS DO NOT APPLY TO FILIPINOS BUT LAWS ON HUMAN TRAFFICKING DO

NEW FAST TRACK REFUGEE LAWS DO NOT APPLY TO FILIPINOS BUT LAWS ON HUMAN TRAFFICKING DO

Immigration Newsweek

By Atty. Henry Moyal

For many asylum seekers in Canada, good news has come this week. Approximately 64,000 refugee claimants in Canada waiting for their cases to be heard could be eligible for a new fast-tracked approach to processing refugee claims.

The new procedures affect less complex cases and will involve a shorted expedited hearing  — meaning the claimant does not need to appear in person before a refugee judge.

To facilitate the new system, the Immigration and Refugee Board (IRB) has created a list of countries and types of claim which it generally considers as appropriate for processing under these new rules.

But you won’t find the Philippines on that list which means that refugee claimants in Canada fearing persecution from the Philippines have a statistically low chance of success and they should proceed with caution and/or proper legal advice from a qualified immigration lawyer ( not a consultant).

The list includes gender- and aged-based claims from Iran, extortion and kidnapping cases from Libya, religious-based claims from Pakistan and cases of political or military opposition from Sudan.

Any women from Saudi Arabia who are at risk because they of gender are also eligible for the new paper-based process, as are certain types of cases from countries such as Venezuela, Turkey, Egypt, Afghanistan, Syria, Iraq and Yemen.

According to the IRB, countries or claim types with an acceptance rate of 80 per cent or higher are eligible for the new paper-based process.

Countries or claim types where identity is generally established by reliable documents are also eligible for the paper-based process, as are claims that do not involve complex legal or factual issues and claims where the type of risks faced by would-be refugees are generally not disputed.

In another newsworthy announcement this week, Canada Immigration and police freed 43 foreign workers who were basically working as slaves and brought to Canada by alleged human traffickers and forced to work as cleaners at hotels.

The 43 persons lived in squalid conditions in Ontario and earned only about $50 a month after expenses. The workers entered Canada under the false promise of being here for educational purposes or the promise of work visas and eventually permanent residency status.

It is important to remember that labour human trafficking involves the recruitment, transportation and harbouring of people for the purposes of exploitation for forced labour. It is not confined to any specific urban or rural area and could be anywhere. The 43 victims will be given special work permits to allow them to work elsewhere.

If you think you are or know someone who is a victim of human trafficking call IRCC at 1 888 242 2100 for help. You may be able to obtain health benefits and you do not have to testify against your trafficker to get temporary or permanent resident status. There is no fee for an initial TRP or a work permit for victims of trafficking.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario. The above article is general advice only and is not intended to act as a legal document. Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

3 NEW IMMIGRATION LAWS START 2019 YEAR WITH A BANG

 

 

Immigration Newsweek

 

By Atty. Henry Moyal

 

 

Immigration laws are always changing and it is important to be knowledgeable of new laws and forms published by Canada Immigration or applicants face the risk of having their application returned or refused. The following three important laws are crucial:

 

 

1)      As of January 1, 2019, the country of the Philippines has been added to the list of required countries requiring biometrics for applicants. Filipino applicants to Canada who are between 14 and 79 years old need to give fingerprints and photo for all permanent resident applications. Applicants have to give biometrics and pay the fee, even if you gave your biometrics in the past to support a visitor visa, study or work permit application, or a different permanent resident application.

 

2)      The parent sponsorship program did not open on January 2, 2019 as anticipated and was a stark contrast from previous years. Canada Immigration announced on January 1, 2019 via Twitter:

 

“ We understand that there is much excitement about the re-opening of the Parents and Grandparents Program. Please be advised that the program will be opening in late January 2019 and not on January 2 but rest assured we will be giving advance notice before it opens”

 

 

  • 3) On January 1, 2019, the impaired driving penalties took effect. Most impaired driving offences will now be considered serious crimes in Canada. The maximum penalty for most impaired driving offences will increase from 5 to 10 years. Most cannabis-related crimes will have a maximum penalty of 14 years. The impact of these new penalties on permanent and temporary residents could be significant

If you commit an impaired driving or a cannabis-related crime, you could face a fine, criminal charges or jail. However, Canada Immigration may also find you inadmissible to Canada for serious criminality. It doesn’t matter if the crime happened inside or outside Canada. This means:

  • permanent residents may lose their status and have to leave the country
  • temporary residents (including visitors, international students and foreign workers) may not be able to enter or stay in Canada
  • refugee claimants may not be eligible to have their claim referred for a refugee hearing

Appeal rights for permanent residents and foreign nationals, including sponsored members of the family class, could also be affected.

If you have been charged with the above crimes and you are not a Canadian Citizens it is important to obtain proper legal help that may affect current and future immigration applications.

 

 

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

 

 

 

APPLICANT CAN WITHDRAW OWN SPONSORSHIP

 

Immigration Newsweek

 

By Atty. Henry Moyal

 

 

Q.        My wife is a Canadian citizen. We lived together in the Philippines for a few years and then she decided to return to Ottawa to be closer with her parents. She brought our daughter with her.

A few months after she arrived in Canada I applied for a visitor visa and I am now in Canada as a visitor. My wife has filed an inland spousal sponsorship and I obtained an open work permit until 2020.

The problem is that my wife is making my life miserable and threatening me each day that she will withdraw the sponsorship. She also repeatedly mentions that the only reason I will be an immigrant is via her sponsorship. Last week, she left the house and we are no longer living together. She has not cancelled the sponsorship but should I do so on my own? I have a Ph.D education and reputable work experience. Should I apply on my own or wait it out?

 

 

A.    There are many legal issues here. Firstly, if you are no longer living together that is a problem because the inland sponsorship rules require that you cohabit together. You have an open work permit until 2020 and unless they remove you that is still valid which is good for you. In other words, the work permit will remain valid (unless it is taken away or expires) until 2020 regardless of what happens with your marriage or spousal sponsorship. Moreover, your wife is the sponsor and she has the right to cancel it if she wants. However, abuse may be a ground for withdrawal on your part. I am not sure that threats would constitute that. From the information provided, I think it is best for you to get a direct answer from your wife if she will cancel the sponsorship or not. If you are confident in your credentials, it sounds like you are a good candidate to apply under express entry. If so, you can withdraw the sponsorship on your own.

 

 

Q.        I am a student in Toronto and married to a dual USA-Canadian man. We want to file a spousal sponsorship and we have heard a lot regarding an “inside vs. outside” application. What is the difference? Which is better? I do not want to stop going to school?

 

A.        The distinction between “inside” vs. “outside” has nothing to do with your studies. You can certainly continue to study as long as you have a valid study permit which I assume you do. The distinction between the two refers to the place of processing. Who will process the case? Is it an immigration office in Canada or outside Canada? If there is an interview, will the interview be in Canada or outside Canada? That is the main difference.

In other words, an application that is filed outside Canada will usually be processed in USA (if you are a student in Toronto) and if you need to attend an interview it will be in Los Angeles.

Filing an application outside Canada requires you to first send the application to Nova Scotia and does not permit you to apply for a work permit. As well, if refused you have an automatic right of appeal.

If you file the application inside Canada, then the interview, if any, will be in Toronto. Filing inside of Canada will also permit you to apply immediately for an open work permit but if refused, you do not have an automatic right to an appeal.

In many cases though, the processing times are much faster when filing outside Canada but it varies from case to case.

 

Q.        I entered Canada as a visitor last month to visit my mother but they did not stamp my passport? How do they know when I arrived ? and how do I apply for an extension? How long am I able to stay?

 

A.        This is becoming a popular question and quite problematic for those seeking to prove legal status and/or to apply for an extension. It is my understanding that many officers now at many Canadian airports will not stamp your passport. Entry is recorded in their system electronically. While it is convenient for them, it is a nightmare for visitors. Many do not know that there period of entry is limited to only 6 months. As well, if you require an extension you now must prove it some other way and include it with your extension application.

 

 

 

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

 

 

 

IMMIGRATION ODDS AND ENDS AS WE ENTER 2019

 

 

Immigration Newsweek

 

By Atty. Henry Moyal

 

 

As most of us are heading into the holiday season and bidding farewell to the 2018 year, Canada Immigration has been busy revamping some of its programs in anticipation of allowing approximately 350,000 new immigrants in the coming years. The 2018 year is reportedly on track to reach 310,000 new immigrants.

 

The following are key changes that are expected in the upcoming year:

 

BIOMETRICS

 

All new immigrants and non-immigrants will soon be required to be fingerprinted. In 2019, all fifty-seven ports of entry will be equipped for biometrics. Biometric information will be valid for ten years.

Applicants in Canada will only be able to undergo biometrics at some Service Canada locations starting in the spring of 2019.

 

 

PARENT AND GRANDPARENT SPONSORSHIP PROGRAM

 

 

As in past years, the parent/grandparent sponsorship program will open in early January 2019 with a target of 20,000 qualified applicants. The lottery system has ended and it is expected to be a first in first out acceptance system.

Applicants will be required to complete an expression of interest application form and sponsors will be required to insert the exact income earned in the last years together with family size. If income is not met then application will show a warning of possible ineligibility. This is a good change compared to past years where any sponsor, regardless income, applied causing delay to those who were truly qualified.

 

Applying more than once is not recommended, as multiple applications will only accept the last one sent and discard earlier ones.

 

 

SPOUSE OPEN WORK PERMIT

 

 

Spouse’s or common law partners in status in Canada who have an inland sponsorship ongoing have been able to obtain an open work permit for the last several years. Average processing times to obtain these work permits was an average of 129 days in 2018.  However, the expiry of the program is slated for January 31, 2019. It is not yet known if it will be extended.

 

 

BUSINESS CLASS APPLICATION

 

There is currently no federal investor or entrepreneur program. The new year we will likely see Canada Immigration reveal a Canadian Business Experience Class or a stream allowing post graduate work permit holders to buy a Canadian business and be self-employed on their way to be immigrants.

 

 

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

 

 

 

MAINTAINING RESIDENCY IN CANADA CAN BE TRICKY


 

Immigration Newsweek

 

By Atty. Henry Moyal

 

Q. I became a landed immigrant in 2014 and left Canada shortly thereafter. I returned to visit my parents in Ottawa a few times but I am very short on the required 730 days to renew my PR card.

I am currently in Canada and I’m afraid that I will be caught by immigration and given a removal order. If I go to OHIP or apply for a driver’s licence office or file taxes will they tell immigration?

 

A.    I doubt it. I have never seen it and many other government agencies do not even know or care about the 730 day rule. Remember, you are a PR and no one has taken it away from you.

You seem to be in breach of the residency requirement but that does not mean that you are under a removal order. To have a removal order you need to be issued one after some sort of investigation (which has not happened).

 

 

Q. I was a permanent resident of Canada in 2011 but could not meet the 2 out of 5 year residency requirement. I am in Canada now and have appealed the decision of the Immigration Appeal Division to take strip me of my permanent residence status. I was told that the appeal will take a year or two which is fine for me. Does the time I spend in Canada after filing the appeal count towards the 730 days?

 

A. No, not exactly. You appealed the decision which means the 5 year period clock goes back to the day of the refusal. If the appeal takes 4 years to be heard for example, you do not get credit for being in Canada for four years towards residency at the appeal hearing. However, the judge has the authority to look at humanitarian and compassionate grounds at the appeal. So any strong ties you maintain in Canada may help your cause.

 

 

 

 

IMPORTANT NOTICE ON THE ONTARION PNP PROGRAM EFFECTIVE NOVEMBER 9, 2018

The Ontario Immigrant Nominee Program (OINP) has reached its 2018 nomination allocation, a total of 6,600 nominations for successful applicants across all streams.

New applications, and applications which have already been submitted to the OINP, will continue to be accepted and considered under the OINP’s 2019 nomination allocation, with the exception of the Masters Graduate stream.

 

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

ADOPTED CHILD HAS TWO OPTIONS TO OBTAIN CITIZENSHIP

 

 

 

Immigration Newsweek

 

By Atty. Henry Moyal

 

Q. I became a permanent resident of Canada over 20 years ago by being adopted by a Canadian family. I now want to apply for Canadian Citizenship. I read some material online and I am confused as to whether I should be applying as an adopted person born abroad or based on my 3 years of residence in Canada?

 

A. You seem to have the luxury of two options. In other words, you are eligible to apply for Canadian Citizenship in one of two ways, each has its pros and cons.

 

 

Option A – Apply based on the fact that you were were adopted as a minor and you were adopted by a parent who was a Canadian Citizen at time of your adoption:

 

          Involves a two step application process

          Canadian parent must be involved

          Cannot pass on your citizenship to next generation if you in turn have a child who is born abroad

          No language test required

          No past tax filing required

          Number of days in Canada not relevant

 

 

 

Option B- Apply for Citizenship based on living in Canada for 3 out of the last 5 years:

 

          1 step application process

          Canadian parent not involved

          You can pass on your citizenship to next generation if you have a child that is born abroad

          Language test required or proof of schooling in English language

          Must have filed taxes for 3 out of the last 5 years

          Must have been in Canada for at least 1095 days in the last 5 years

 

 

 

Q. I obtained permanent residence in Canada in 2015 as a single person. After landing I returned to the Philippines to marry my girlfriend. She has a young child from the estranged father and I want to now return to Canada with the whole family to sponsor them. How is this done?

 

 

A.      Your question is interesting because it raises a variety of immigration issues and deals with several laws. It is best to navigate each issue separately:

 

Sponsorship of Spouse

You are a permanent resident of Canada. Not a Canadian Citizen. Under immigration law, you must be “residing” in Canada from the time you file sponsorship until end of application. The courts have defined “residing” in Canada as your place where you live on a regular basis ( have a job, assets etc…). In other words, leaving Canada for a few weeks vacation is usually not a problem. However, in your case, it seems your permanent home lately has been in the Philippines. You therefore cannot file the sponsorship until you are in Canada.

Residency Obligation

All permanent residents must meet the residency requirement which is physically living in Canada for 730 (non-continuous) days in the last 5 years. If you landed in 2015 then I assume your PR card expires in 2020. As such, you must live or must have lived in Canada for 730 days to renew your PR card and to meet the residency rule. Did you? From your question above, if you left Canada after landing in 2015 then it is possible you are in breach of the rule which may surface upon filing the sponsorship. This can lead to a problem depending of your actual days physically in Canada. As well, you have not mentioned whether you will be returning to Canada even without your family. That may be a good strategy to salvage the case.

Visitor Visa vs. Immigrant Visa

Many people think they can simply obtain a visitor visa for their spouse and then they can sponsor the spouse inside Canada. While it is true, the difficulty in that strategy is to first obtain the visitor visa. A visa officer is likely to refuse a visitor visa application for a person who is married to a Canadian PR/Citizen because the likelihood of returning home is virtually zero. In other words, a visitor visa is a “temporary visa” where the applicant will visit Canada and return to the Philippines. Since the Canadian PR will likely sponsor the applicant for a “permanent” visa, the odds of receiving an approved visitor visa is low.

Child From Previous Relationship

You must obtain consent from the father of the child to have the child immigrate to Canada. If the child is under 18 years of age, the laws of Canada in accordance with the Hague Convention require a signed notarized consent from the non-accompanying parent allowing the child to leave the Philippines. If you cannot locate the father and/or if the father refuses to give consent you will have a problem. Obtain legal advice for alternative strategies.

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

NEW CAREGIVERS CAN APPLY FOR PERMANENT RESIDENCE OUTSIDE OF CANADA

NEW CAREGIVERS CAN APPLY FOR PERMANENT RESIDENCE OUTSIDE OF CANADA

 

Immigration Newsweek March 30 2016

 

By Atty. Henry Moyal

 

Q. I’m a live in caregiver but did not complete my 24 months of work experience within the four years of my arrival. I therefore never applied for permanent residence and my work permit has expired.

I do not want to return to the Philippines as my new employer really needs me. How do I get my status back? Can I apply to stay in Canada on humanitarian reasons?

 

A.Yes, applying under compassionate grounds is an option but perhaps you should investigate whether you can apply under the new caregiver rules. Upon review, it appears that a person does not need to hold a valid work permit to qualify. That is not to say that those with no status will automatically be approved (since it is a violation of the rules to remain in Canada illegally) but there is no statutory requirement to apply for a work permit under this new class. In my opinion, it perhaps opens the door for people who lost their status and do not currently hold a valid work permit. It should be noted that the live in caregiver class does indeed have a statutory requirement to hold a valid work permit at all times. Second, if you worked for 24 months by now, it may be something you should research in lieu of the humanitarian application. As well, you do not need to be in Canada to apply or qualify. As long as you have met all the criteria, you can wait outside of Canada. To qualify, you must:

 

 

  1. Have qualifying work experience on a full time basis (at least 30 hours per week) at the time application is received.
  2. Provide proof of your work experience. You do not have to be employed at the time you submit your application. Work experience does not need to be continuous but the work must have been authorized and work outside Canada does not count.

      3. Must have a good level of proficiency in English in these four areas:

  • listening,
  • speaking,
  • reading, and
  • writing.
     4. Must have a completed Canadian one-year post-secondary educational credential
OR a completed foreign educational credential AND a satisfactory Educational Credential Assessment with minimum equivalency
 
Q.I graduated from George Brown College and obtained a post grad work permit for 3 years. My work permit will expire July 2016 and I want to apply for express entry. Will I be able to obtain my immigrant visa before my work permit expires? If not, how could I renew the work permit?
A. If you have been following the recent trend in express entry draws, you will have seen that the last three draws included applicants with scores in the 400’s. This translates into applicants who were successful in qualifying without job offers. Assuming you do not have a job offer you will likely score in this range. As well, the federal minister has recently stated that he is going to correct this injustice to those who graduated from a Canadian program. Up to now no additional points are given to international graduates. However, it seems that will change and hopefully before your work permit expires. If you do get selected under express entry by mid 2016, you must obtain a labour marker impact assessment (LMIA) to get it renewed. An approved LMIA will be worth 600 points and will most likely get you over the hurdle into the next draw.
 
Q. I’m a Canadian Citizen since 1980. I often travel to the Philippines for business. Last year I met a woman in Manila and she just gave birth to our child. I do not wish to sponsor her but I want to bring the child to Canada. Can I? Do I need to sponsor the child? How do I file the application since I spend most of my retired years abroad?
A. First things first. The child does not need to be “sponsored”. The child was born to a Canadian father and therefore the child is a Canadian Citizen. It is irrelevant if you want to sponsor the mother of the child. You now need to initiate the process for proof of citizenship of the child. If you are in Canada, then this can be done via the Sydney, NS processing centre. If abroad, you can contact the local Canadian Embassy but in my experience that process will extend processing times an additional six months at least.

 

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.

The above article is general advice only and is not intended to act as a legal document.

Send questions to Attorney Moyal by email canada@moyal.com  or call toll free 1 888 8472 078

 

 

HOW TO NAVIGATE A MEDICAL EXCESSIVE DEMAND DECISION

 

 

Immigration Newsweek

 

By Atty. Henry Moyal

 

All Immigration applicants must be admissible to Canada on health grounds. To be admissible and healthy an applicant must not have a condition that is a danger or risk to others ( ie Tubercolosis) and must not have a condition that is an excessive demand on health or social services. A visa officer will refuse an application, after you undergo a medical exam, if they reasonably believe that your health condition might cause an excessive demand on health or social services in accordance with section 38(1)(c) of the Immigration and Refugee Protection Act.

 

What is an Excessive Demand?

 

An excessive demand on health or social services can mean two things. It can mean that the need for health services to treat your health condition would negatively affect medical service wait times in Canada. It can also mean that the services to treat and manage your health condition would likely cost more than 3 times the Canadian average for health and social services(per person.

Recent changes to the cost threshold were announced that has been a welcome to many.

 

What is the Cost Threshold?

 

The cost threshold is the average dollar amount that federal, provincial and territorial governments spend in a year on health and social services for Canadians and permanent residents.

 

In 2017, the excessive demand cost threshold was $33,275 over 5 years (or $6,655 per year).

In April of 2018, the Government of Canada made changes to the excessive demand policy and to the cost threshold.

For 2018, the new cost threshold is $99,060 over 5 years (or $19,812 per year) which is equal to 3 times the Canadian average for health and social services.

How does the Cost Threshold Work?

The following are the main steps:

  1. You will be asked to undergo a medical examination.
  2. The medical officer will review the results of your medical examination and provide an assessment to the officer who is processing your application. If you have a medical condition, the medical officer will calculate the cost of health and social services needed to treat and manage your condition and will compare those costs to the cost threshold.
  3. The officer who is processing your application will consider the information provided by the medical officer and decide if your health condition might cause an excessive demand on health or social services. The officer will consider if the costs to treat and manage your condition are more than the cost threshold. The officer will find you inadmissible on health grounds (excessive demand) if your costs are more than the cost threshold.

Before refusing application the officer will give you a chance to respond and provide additional information to satisfy that you are admissible ( called procedural fairness letter).

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

 

 

 

IMMIGRATION SCAPS LOTTERY SYSTEM AND RAISES SPONSORSHIP QUOTA

 

 

Immigration Newsweek

 

By Atty. Henry Moyal

 

 

The Federal government is getting rid of the unpopular lottery system for those who wish to sponsor their parents and grandparents. In addition, Canada is increasing the number of sponsorship applications it will accept next year in 2019.

 

It started with a 5000 cap in 2014 and then it was raised to 10,000. Now, starting in the year 2019, Canada Immigration will accept 20,000 sponsorship applications next year, up from the current cap of 17,000 introduced last month.

 

The sponsorship applications will also be processed on a first-come, first-serve basis the way it was done for decades before the lottery system was implemented years ago. Under the lottery system, sponsors were randomly selected to submit their applications. It drew criticism when it was introduced because many felt it was too random, unfair and unpredictable.

 

In 2019,  sponsors will indicate their willingness to sponsor a parent or grandparent by filling out an “interest to sponsor” form online. Instead of randomly selecting people from this list for sponsorship, applications will instead be invited based on the order in which the forms are received until the 20,000 cap is reached.

The announcement was welcomed by all after the federal government announced that the new process will help families “live, work, play and thrive together.”

“We recognize that families just want to be together and that children benefit from continued support from their elders and loved ones,” . “Our government recognizes the important role parents and grandparents play in our society and I’m so very glad that we’re able to reunite even more families under this program.”

In more good news, the backlog of applications left by the Harper government has been reduced where processing times for sponsorship applications is now about one year. It was not long ago where such applications were taking an average of 60 months. The extensive delays caused stress to many sponsors as parents and grandparents were getting older and where many died during processing.

Statistically, in 2011, the backlog peaked at 167,000 applications and, as of June 2018 the inventory of applications is approximately sitting at 26, 000.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

 

 

WHAT IS ARTICLE 34 OF THE FAMILY CODE OF THE PHILIPPINES? AND WHY IS IT AN IMMIGRATION PROBLEM?


Immigration Newsweek

 

By Atty. Henry Moyal

 

Q. I came to Canada as a permanent resident in 2017. I was a dependant of my mother’s application for permanent residence under the skilled worker application.

Just before coming to Canada I met my girlfriend and she became pregnant. I returned to the Philippines this year and married her. I was only given two weeks vacation from my job in Canada so the marriage was rushed. In fact, there was no time to obtain a marriage licence and therefore the Reverend issued a marriage licence under Article 34 of the Family Code of the Philippines.

 

I am now back in Canada and my consultant told me to simply attach a letter of explanation to my sponsorship application to explain that I was in a hurry and had no time to get a license.

 

The marriage certificate is issued with the Philippine Statistics Authority (PSA) and I have the official original copy.

 

Is this a problem?

 

 

A. Absolutely yes. There are two big problems. One is that the immigration consultant has no idea what they are talking and is not licensed to practice immigration law. Stay away and only hire a professional lawyer who (a) not only has immigration experience but (b) a lawyer with knowledge of Filipino laws. I find it disturbing that this person would suggest that a “letter of explanation” will make it all go away.

That is not going to help you and may actually result in your deportation.

 

The second big problem is that your “official” marriage certificate under Article 34 is likely null and void. By law, a marriage celebrated without a valid marriage license is null and void, unless the contracting parties are exempt from this requisite (Articles 4 and 35(3), Family Code of the Philippines).

One of the exceptions mentioned ( in other words a marriage license is not required) is if the parties cohabited for 5 years or more as “husband and wife” before the marriage. This is clearly provided by Article 34 of the Family Code of the Philippines which states:

 

“Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage.”

 

You mentioned that you married this year. So if you marriage was based on the fact that you lived together from 2013 to 2018, then that means that you lived together as common law partners before your landing of 2017.

 

Again, this raises two more big problems:

 

  • 1) It is not true. You have stated that you only met in 2017 so it is not possible that you lived together from 2013 onwards.

Since you did not actually cohabit with your spouse prior to your marriage, you were not exempt from obtaining the required marriage license. Therefore, the said marriage is null and void in the absence of a valid marriage license.

  • 2) Second, if you were in a common law relationship before landing you were required to disclose it to Canada Immigration. You likely declared “single” on your mother’s application as a dependent child. But according to your marriage certificate you were in a common law relationship. Such a lie may lead to misrepresentation and deportation.

In my experience, the above analysis will be uncovered by Canada Immigration so best to not file any sponsorship at this time and obtain professional assistance to resolve the issue.

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

 

 

 

 

 

 

 

CAN A VISITOR IN CANADA WORK AS A VOLUNTEER ?

CAN A VISITOR IN CANADA WORK AS A VOLUNTEER ?

The answer is not always clear. In general, the rule is that if you volunteer at a job that a Canadian person would normally be paid ( regardless of whether you’re actually paid or not) is considered to be work (and unauthorized for a visitor).
As an example, handing out pamphlets as a church should be fine but consulting for free at a company or the zoo would not be permitted.

Henry Moyal, Immigration Lawyer
Moyal Immigration Lawyers
www.moyal.com
416 733 3193

TEN STEPS TO APPLYING FOR AN IN HOME CAREGIVER

TEN STEPS TO APPLYING FOR AN IN HOME CAREGIVER

 

 

Immigration Newsweek

 

By Atty. Henry Moyal

 

 

There is a misconception that the caregiver program is no longer active. There are many people who think that caregivers are no longer able to come to Canada to work ( and then apply for permanent residence after two years of working).

This is simply false. While it is true that the old live-in caregiver program no longer exists, an applicant can still come to Canada as an in-home (live out) caregiver and then apply for permanent residence under the caring for children pathway or high medical needs pathway. It is basically the same result but with a few procedural changes. Let’s not forget that in the 1990’s the program was called the Foreign Domestic Program (FDM). Decades later the FDM was morphed into the live in caregiver program or LICP. In November 2014, the federal minister cancelled the LCIP and announced that all applicants must obtain an LMIA (labour market impact assessment) like all other occupations and then obtain permanent residence after working in Canada for 24 months. An applicant could obtain permanent residence if they cared for children ( children pathway) or taking care of elderly ( high medical needs pathway). As well, the requirement that workers be “live in” was cancelled.

 

As such, the first step is to obtain an LMIA from Service Canada. The following are the ten key steps to success:

 

 

1 . Government Processing fee of $1000.

Exemption: Families or individuals seeking to hire a foreign caregiver to provide home care for individuals requiring assistance with medical needs are exempt from paying the Labour Market Impact Assessment application processing fee. Families or individuals with a gross annual income of $150,000 or less, seeking to hire a foreign caregiver to provide childcare in their home to a child under 13 years of age, also qualify for the processing fee exemption.

Employers must pay $1,000 for each position requested to cover the cost of processing a Labour Market Impact Assessment (LMIA) application.

2. Language restriction

English and French are the only languages that can be identified as a job requirement both in LMIA applications and in job advertisements by employers, unless they can demonstrate that another language is essential for the job.

3. Canada Revenue Agency business number

Individuals hiring a foreign caregiver are considered employers and must obtain a business number (BN) from the Canada Revenue Agency

4. Proof of individual requiring care

Employers must provide proof that they or a dependant is in need of care.

5. Financial ability

To hire a foreign in-home caregiver, employers must demonstrate their financial ability to pay the caregiver’s wages. Employers must submit a copy of their Notice of Assessment from the CRA with their LMIA application.

6. Transportation

Employers of in-home caregivers must always pay for the transportation costs (for example, plane, train, boat, car, bus) of the caregiver to the work location in Canada. These costs must be paid up-front to ensure that they are not part of any negotiations related to the employment contract. This process helps protect temporary foreign workers, who may be tempted to accept alternative travel arrangements in return for a job offer.

7. Housing

Employers cannot require a caregiver to live in their home. However, if an employer and foreign caregiver decide that a live-in arrangement is the most suitable, for the needs of the person requiring care or to assist the TFW, then no amount can charged to the worker for room and board.

8. Employment contract

All employers of in-home caregivers must prepare and sign an employment contract.

 

9. Advertising and Efforts of Recruitment

 

Employers must conduct at least three different recruitment activities. One must be the Government of Canada’s Job Bank. The other two must be other methods that are consistent with the occupation being offered and targets a different underrepresented group.

10. Wages:

 

Employers applying for an LMIA must pay the worker at a minimum, the posted prevailing wage (median hourly wage) for the occupation and work location where the worker will be employed. For example, in the city of Toronto the wage for a nanny is $14 per hour.

 

 

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

ARE VISITOR VISAS EASY TO OBTAIN?

 

 

 

Immigration Newsweek

 

By Atty. Henry Moyal

 

 

There is a good chance that you or a friend have invited a relative sometime in the past to come to visit you in Canada.

There is even a higher chance that the visitor application was not approved according to a recent report.

 

According to a recent report and based on Canada Immigration data, the refusal rate of visitor visas (or TRV or Temporary Resident Visa) reached 26% in 2017 which was an increase from 18% in 2012.

 

According to statistics between 2012 and 2017, the number of TRV applications processed each year by IRCC increased from 1.3 million to 2.3 million, the Globe and Mail stated. During this same period, the number of refusals soared to more than 600,000 in 2017. Of this last number, 494,133 were non-student TRV applications, which were refused at a rate of 26 per cent in 2017. In 2012, the refusal rate for non-student TRVs was 18 per cent, the Globe and Mail says.

Data for the first three months of 2018 saw the refusal rate surpass 2017, rising to 30 per cent for non-student visas.

Refusal rates were highest for applicants from Africa and Middle East, with 75 per cent of applications from Somalia, Yemen, Syria and Afghanistan being rejected in the last two years.

However, in our experience nationals from the Philippines were approved in most cases and it really depends on one’s application. The problem with statistical data is that applicants are fearful to apply thinking a visa officer has a predetermined notion to refuse. This is absolutely deceiving because the fact of the matter is that applicants who qualify will be approved.

The following basic requirements must be met in order to be permitted to travel to Canada:

·         have a valid passport;

·         be in good health;

·         have no criminal record;

·         strong ties to home country —such as a job, home, financial assets or family—that will take you back to your home country;

·         letter of invitation from someone in Canada

·         have enough money for your stay.

All decisions are made by visa officers and no one can guarantee or promise a visa will be issued. However, fulfilling the above criteria will certainly keep you in the 74% approval category.

It should also be noted that the above stats do not include student visa applications. A student visa applicant must comply with a different set of criteria and must first be accepted to a Canadian educational institution.

A student applicant must also pay foreign student fees and be able to demonstrate that they have sufficient funds to pay for books, residence and living expenses. According to the published report of July 8, 2018 the refusal rate for student visa applications was higher —  26 % in 2012 to 33 % in 2017.

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

 

 

 

THE IMPACT OF IMMIGRATION LAW UNDER THE NEW CANNABIS AC

 

 

Immigration Newsweek

 

By Atty. Henry Moyal

 

 

October 17, 2018 will be a monumental day in Canada as Canada will officially legalize marijuana.

 

While many may be celebrating this auspicious day in history it is important to consider the implication the Cannabis Act will have under Canada Immigration law.

The passage of the Cannabis Act under Bill C-45 and anyone who violates the law will be of serious consequence to permanent residents and foreign nationals.

 

At present the framework under the immigration law under IRPA differentiates between “regular” criminality and “serious” criminality.

 

Inadmissibility for regular Criminality is under section 36(2) and covers those who are convicted in Canada of an offence under an Act of Parliament by way of indictment or two offences under any Act of Parliament not arising out of a single occurrence.

 

Section 36(1) deal with inadmissibility for serious Criminality and covers those  convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed.

 

The new provisions under the proposed Cannabis Act substantially alter the regulatory landscape surrounding marijuana. Under the current  law – called Controlled Drugs and Substances Act, cannabis is a Schedule II substance. Possession, production and distribution in any form are prohibited without authorization.

 

Moreover, under the current CDSA, unauthorized possession of less than 30 grams of cannabis for personal use is an offence that can only be proceeded with summarily (not by way of indictment). A single conviction for simple possession of less than 30 grams would therefore not render a foreign national inadmissible as s.36(2) of IRPA requires two summary convictions to trigger inadmissibility.

 

The new Cannabis Act, will authorize the possession and production of cannabis for personal use. However the new law includes a category of “illicit cannabis” which is prohibited to possess in any quantity. The new law states:

 

s.8(1)  Unless authorized under this Act, it is prohibited

  • (a) for an individual who is 18 years of age or older to possess, in a public place, […] more than 30 g of dried cannabis;
  • (b) for an individual who is 18 years of age or older to possess any cannabis that they know is illicit cannabis; […]

(2) […] person that contravenes subsection (1)

  • (a) is guilty of an indictable offence and is liable […] to imprisonment for a term of not more than five years less a day,

 

 

s.51 In addition to the procedures set out in the Criminal Code, proceedings [for listed offences] may be commenced by a peace officer

  • (a) completing a ticket that consists of a summons portion and an information portion;
  1. 52 Payment of the amount set out in the ticket […] constitutes a plea of guilty to the offence described in the ticket and, following the payment,
  • (a) a conviction is to be entered in the judicial record of the accused;
  • (b) the judicial record of the accused in relation to the offence must be kept separate and apart from other judicial records and it must not be used for any purpose that would identify the accused as a person dealt with under this Act; and

 

 

Illicit cannabis means cannabis that is or was sold, produced or distributed by a person prohibited from doing so under this Act or any provincial Act or that was imported by a person prohibited from doing so under this Act.

 

The implication for certain types of cannabis products is that personal possession will remain illegal but will carry a greater penalty under s.8 of the Cannabis Act. This is significant for immigration purposes because the prohibition in s.8 is a hybrid offence (meaning it can be proceeded with either summarily or by indictment). Therefore, a single conviction for simple possession of “illicit cannabis” under the Cannabis Act will therefore render a foreign national inadmissible. Therefore, while it seems like Canada is being liberal and legalizing pot for personal use, it in effect has increased the immigration consequences for those convicted.

 

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193