By
Pace Law

Immigration Rule Changes Have Consequences

May 15, 2012

Karen Kwan Anderson – Pace Law Firm: There has been a lot of talk in the press about the changes to the Immigration and Refugee Protection Act.

Let’s look at the facts. How do the changes affect those who want to emigrate to Canada?

On March 30, 2012, the Minister of Citizenship and Immigration Canada announced that applicants who applied before February 27, 2008 under the Federal Skilled Worker program would no longer be considered.  I think this is unfair.  Applicants have essentially put their lives on hold while waiting for the Canadian government to process their applications.  Will there be a constitutional challenge to this change?  Perhaps a group of immigration lawyers will bring a class action suit against the Minister on the doctrine of legitimate expectations or detrimental reliance?

Another tightening of the rules is the overhaul of the refugee determination system – the theory behind the June 29, 2012 implementation of changes is that there will be quicker determination of refugee claims, meaning people will be rejected faster and removed to their home countries if they don’t meet the criteria, rather than wait 2 years for a refugee hearing.

The changes which have happened in a relatively short amount of time definitely have an impact on all consumers of the immigration system.

As of March 2, 2012, a sponsored spouse can no longer sponsor a new spouse within 5 years of becoming a permanent resident.  This rule is intended to combat marriage fraud.  I’ve dealt with and am dealing with cases in which clients are accused of entering into Marriages of Convenience to gain status in Canada.  Permanent residents of Canada who are accused of marriage fraud have the right to due process – and often retain counsel to guide them through two hearings, one of which is a deportation appeal hearing.  If there are merits to challenging a negative appeal decision, we seek leave from the Federal Court for judicial review of the decision.

The next influx of cases – and I have seen this happening already – are those in which permanent residents are accused of fraud in applying to renew their PR card and/or applying for Canadian citizenship.  The changes to the immigration regime clearly show that there is no tolerance for fraud in any part of the immigration process. Interestingly, there is more work for the Canada Border Services Agency (CBSA), which is the enforcement and removal arm of Citizenship and Immigration Canada.

In sum, the changes which have happened in a relatively short amount of time definitely have an impact on all consumers of the immigration system.

Share This Post
Email
Facebook
LinkedIn
Twitter
Trending Posts
Read More Insights
Events
By
Pace Law
Pace Law Firm is always looking to expand our business and elevate it to the next level. On Thursday November 24th, Pace Law Firm attended the Canadian Mortgage Summit (CMS) to hear from the industry’s top mortgage brokers, lenders and solution providers.
Firm News
By
Pace Law
We are proud to announce that Pace Law has become a multi-service firm and is launching a new website to accommodate our growth in different areas of law!
Events
By
Pace Law
The National Day for Truth and Reconciliation takes place on September 30th for the second consecutive year. Each year, September 30th marks both Orange Shirt Day and National Day for Truth and Reconciliation.
Real Estate Law
By
Pace Law
In key Canadian cities, the housing inventory may reach a crisis stage, according to a recent analysis from RE/MAX Canada. The analysis confirms that governments must take quick action to address the critically low supply of available homes.
Personal Injury
By
Pace Law
As the winter months get closer, it is critical to plan ahead and take precautions as needed to reduce the likelihood of mishaps. Nearly 30% of all motor vehicle incidents, according to recent RCMP data, happened on slick, snowy, or icy roadways.
Real Estate Law
By
Pace Law
Two weeks after the provincial administration submitted Bill 109, the More Homes for Everyone Act, 2022, on March 30, 2022, it obtained royal assent on April 14. The last step needed for a legislative measure to become law is royal assent.

Get in Touch

Call us now or fill out the form to discuss your case with an experienced legal professional.

Our Locations

Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

Scroll to Top