Sania Chaudhry -discussing the most Frequently Asked Questions on Divorce/Separation

November 3, 2020 -Interview with CTV -the Impact of the US election on Canada’s Immigration System

It was a pleasure talking to CTV’s veteran reporter Kevin Green yesterday on the impact of the US election on Canada’s immigration system.   Immigration benefits One group that would benefit from a Trump win are those helping people immigrate to Canada. . Raj Sharma, a Calgary Immigration lawyer, said a Trump win would drive

Firm Founder Raj Sharma -Appearance before the Standing Committee on Citizenship and Immigration -Opening Statement

It was a pleasure appearing before the House of Commons Standing Committee on Citizenship and Immigration today (Friday, November 6, 2020) regarding its study of the impact of COVID-19 on the immigration system.  My opening statement follows the video embed: Thank you Madam Chair; committee members. It’s my pleasure to appear before this Committee again

Discussing a Pathway to PR for So Called Low Skill Workers -Appearance before the Standing Committee on Citizenship and Immigration

On November 6, 2020 I appeared before the House of Commons Standing Committee on Citizenship and Immigration on the impact of COVID-19 on our immigration system. I made an opening statement and took questions regarding a pathway to permanent residency for so-called low skilled workers (revealed as front-line and essential workers by this pandemic). I

The Family Class

IRCC has announced the new family class based on a lottery system with the sponsor expressing their interest during a window. To sponsor, you will need to establish that you are eligible to sponsor and that the family member falls within the family class according to the Regulations. You can’t be on social assistance (CERB

Dealing with Financial Inadmissibility

Foreign nationals can be denied admission into Canada pursuant to s.39 of the Act –if there are concerns that they will rely on social assistance. After all, the objectives of the IRPA include the pursuit of the maximum economic benefits of immigration as well as the support and development of “a strong and prosperous Canadian economy” According to the relevant Manual, the provision is “designed to

Interview on CBC Alberta at Noon -Discussing the New Family Class Sponsoring Your Parents or Grandparents October 20, 2020

Judy Aldous:                       The challenges of trying to help your family immigrate in the middle of a pandemic. This is Alberta at Noon, I’m Judy Aldous. The next two weeks will be stressful ones for Albertans who want to sponsor your parents, your grandparents to immigrate. The first step in this sponsorship system is a lottery

Interview on the New Parental/Grandparent Family Class Sponsorship Program

I discussed the new (but old) immigration lottery process for Parents and Grandparents with Danielle Smith on CHQR AM770 on October 14, 2020. It’s been a bit of a merry go round with this non-economic, family class program. Parents/grand-parents are still subject to medical assessment; the sponsor is still required to meet minimum necessary income

Parents and Grandparents Family Class reopening for 2020!

There’s some good news for families looking to reunite in Canada. The parents/grandparents family class is reopening. Sponsors have a three week window, starting October 13, 2020 to indicate their interest in sponsoring parents/grandparents to Canada.   10,000 applications will be drawn this year; 30,000 next year … There are clear instructions as to how the

Internal Flight Alternative or IFA -Essential for Pakistan or Nigerian Refugee Claims

A safe and reasonable Internal Flight Alternative -or IFA -is often used as justification to refuse a refugee claim from Pakistan and Nigeria. The (availability of an) IFA must be addressed by counsel and claimant -it allows the RPD to deny a claim even if there is credible evidence that there is risk upon return.

CHC Delhi and Findings of Misrepresentation -Spousal Open Work Permits

July 24, 2020 Interview with Danielle Smith on the Federal Court striking down the Safe Third Country Agreement

Stewart Sharma Harsanyi Immigration Lawyers · July 24, 2020 Interview with Danielle Smith -Court Rules Canada – U S Safe Third

Practicing Immigration Law in the Time of COVID-19

I have practiced immigration law for over 17 years; prior to that I was a Refugee Protection Officer -sort of tribunal counsel to the RPD -the largest Division within the IRB, itself the largest administrative decision making tribunal in Canada. COVID-19 and the response to the pandemic was an unprecedented disruption to the practice of

Safe Third Country Agreement Struck Down

History Safe Third Country Agreement between US and Canada – in effect since Dec 2014 CDN and US declare each other as safe for refugees Applies to refugees arriving from US at a Canada land POE … with some exceptions (family member in Canada, unaccompanied minors, stateless individuals) First legal challenge to the constitutionality of

July 2, 2020 Transcript -Interview with Danielle Smith on Jason Kenney’s Proposed Changes to LMIA and the AINP

Danielle Smith:                  There was a, there’s a major announcements that the premier did on some Monday, Tuesday, sorry. Mondays are running together. Can’t even remember what day it is, but you’ve got a staff holiday in the middle of the week. … I think it was Tuesday a major announcement and he had a number

Fired from Your Job? What You Need to Know

Things to Consider if You Are Terminated   By Sania Chaudhry  This blog post only applies to non-unionized workers and those who work under provincial regulation. If you are in a union or work under federal regulations, then different rules apply to you. As the below is not specific to your case, this does not constitute legal advice. Please

Constructive Dismissal -What you Need to Know

Constructive Dismissal: What to do if you have been forced out of your job?  By Sania Chaudhry  This blog post only applies to non-unionized workers and those who work under provincial regulation. If you are in a union or work under federal regulations, then different rules apply to you. As the below is not specific to your

Humanitarian and Compassionate Applications -in the Age of COVID-19

I predict that there will be an increase to the number of Humanitarian and Compassionate applications (for Permanent Residence) as a result of COVID-19. The pandemic is wreaking havoc with the plans made by many foreign nationals living in Canada hoping to make this country home. Many will lose their status and many will lose

The Procedural Fairness Letter

The lawyers at this office are often called upon to respond to Procedural Fairness Letters -letters sent by Officers after there is a concern regarding the completeness/truthfulness/inadmissibility. As with many things in life, prevention is the best medicine. Applications should be complete and potential concerns should be dealt with (if possible) in advance. Applicants should

Misrepresentation

“Oh, what a tangled web we weave…when first we practice to deceive.”    Walter Scott, Marmion  Dealing with the allegation(s) of misrepresentation is a difficult task. In many ways, dealing with misrepresentation is harder than dealing with criminality. The consequences for a finding of misrepresentation are harsh -a 5 year ban on future applications to enter Canada and removal for