Resource Centre Newsletters Immigration Lines June 2010
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Refusal of Temporary Resident Visa - Applicant must be Provided an Explanation of the Elements that Weighed Against the Application Rather than a Litany of FactorsNewsletter Sign Up
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June 2010
Refusal of Temporary Resident Visa - Applicant must be Provided an Explanation of the Elements that Weighed Against the Application Rather than a Litany of Factors
By Pratibha Sharma
On February 11, 2010, the Federal Court released its decision in Asong Alem v. Canada (Citizenship and Immigration), 2010 FC 148 ("Asong"). Madam Justice Tremblay-Lamer confirmed that visa officers must provide Temporary Resident Visa applicants with a sufficient explanation for refusing their application. Moreover, the explanation must include elements that weighed against the application; not merely a litany of factors.
Expedited Labour Market Opinion Pilot Project Ended as of April 15, 2010
By Ron McKay
Effective as of April 15, 2010, the Expedited Labour Market Opinion ("E-LMO") pilot project, that had been running in British Columbia and Alberta since 2007, came to an end.
Facilitated Processing for Information Technology Specialists Ends on September 30, 2010
By Ron McKay
On May 20, 2010, Human Resources and Skills Development Canada ("HRSDC") and Service Canada ("SC") issued a notice that the facilitated process for seven specified Information Technology Workers, which was initiated in May 1997, would end as of September 30, 2010.
On June 4, 2010, Citizenship and Immigration Canada ("CIC") followed and issued Operational Bulletin 210 to also reiterate the plan to rescind the facilitated process for the seven specified job descriptions for Information Technology Workers.
Temporary Foreign Worker Program - Minimum National Advertising Standards
By Ron McKay
As of January 1, 2009, "Minimum National Advertising Standards" were adopted by Human Resources and Skills Development Canada ("HRSDC") and Service Canada ("SC").
On May 2010, HRSDC and SC published a further notification indicating that all occupations based on the National Occupational Classification ("NOC") system, skill levels 0, A, B, C and D, are subject to the Minimum National Advertising Standards. Failure to comply with the requirements will result in the application for a Labour Market Opinion being denied.
Changes to the Live-in Caregiver Program
By Ron McKay
Effective as of April 1, 2010, regulatory and administrative changes were made to the Live-In Caregiver Program ("LCP").
On December 12, 2009, Minister Kenney announced a combination of administrative and proposed regulatory changes to the LCP. These changes were designed to better protect the rights of live-in caregivers and to make it easier for them and their families to obtain permanent residence in Canada, while continuing to protect the health and safety of Canadians and maintaining the project objective to respond to labour market shortages.