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Success: Warning Letter

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Everyone makes mistakes. In some cases, we deal with situations where our client has made a serious mistake or many mistakes. In other cases, our client has made a minor mistake. In these types of situations, depending on the mistake and the consequences, it may go to an IRCC Officer or a CBSA Officer to review. These Officers have broad discretionary powers to take various types of action against the individual. In some cases, the entire family may be punished. In other cases, the individual may simply get a warning.

Today, we will share a case that involved a mistake by our client that occurred many years ago. She used a shady agent to apply for a Study Permit to Canada based on fraudulent financial documents. The shady agent did not tell her that he added these fraudulent documents to her application. She had no idea. She never got a copy of the package. She didn’t ask questions. She trusted the agent. And she got her Study Permit.

Based on the work of the shady agent, our client got the Study Permit and came to Canada. She finished her studies and she got her PGWP. She was successful with her studies and her career. She got married and had children. She was granted PR status. Everything was going smoothly and, even after many years, she had no idea that the actions of that shady agent may come back to bite.

CBSA caught the shady agent and reviewed all his past applications – going back years. They launched an investigation into many applications and contacted our client regarding her past Study Permit. During an interview with a CBSA Officer in July 2023, our client was served with an A44 Report based on allegations of misrepresentation. The Officer explained Section 40(1)(a) (Misrepretation) of IRPA:

Misrepresentation

40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation

    • (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

As you can read from the above, Section 40(1)(a) (Misrepretation) of IRPA is extremely broad and it may include any mistakes made by a shady agent. The potential punishment for a person who has violated A40 of IRPA:

(2) The following provisions govern subsection (1):

  • (a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order is enforced

This means that our client was at risk of losing her PR status, being removed from Canada, being banned from Canada for 5 years and being separated from her family in Winnipeg. Very serious consequences.

She immediately came to CIL for help. Over a 3 month period, we were in contact with the CBSA Officer. We reviewed her documents. We researched the shady agent. We prepared her defence, with reference to relevant caselaw from Federal Court.

In the end, our client got a “warning letter”. You can see a redacted version of this document. This was the best possible result. Our client’s PR status is no longer at risk. She clearly regrets using a shady agent to do her Study Permit. She now knows that was a big mistake. The Officer accepted her explanation and he accepted that her regret is genuine. The agent has been punished.

I wish I could tell you that these cases are rare. They are not. I cannot even count the number of A44 Reports that we have dealt with over the years. Individuals may get a A44 Report for any of the IRPA sections for inadmissibility. Typically, we look at sections 33 through 43 of IRPA in these types of cases. The most common sections that we deal with are misrepresentation (A40), medical inadmissibility (A38), and criminal inadmissibility (A36). 

In every case, we want to give our client the best chance at a warning letter. If the Officer is not satisfied, then the case is referred to the tribunal for an Admissibility Hearing. They can then give testimony and call witnesses. This can take a lot of work and it can be costly – both in terms of money and stress. In certain cases, the individual may appeal to the IAD for an appeal. Finally, if the IAD is not available for an appeal, we may have to go to Federal Court to fight for our clients. 

CIL has handled all the situations noted above, many times. If you are dealing with this type of situation, give us a call and we will do our best to guide you through the process. 

Success: Admissibility Hearing @ Immigration Division

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Clients come to CIL for all types of situations. We help clients apply for Passports. We help them apply for Police Clearance Certificates and Work Permit. We handle many applications for temporary status. Typically, those files are, relatively straightforward and the work is predictable. Then, there are complex, messy cases that take turn after turn. This was one of the latter cases.

Our client came to us more than one (1) year ago, after his Post Graduation Work Permit (PGWP) was refused. As you may have read from our Google Reviews, we have been successful with many international students who have had their PGWP refused and we were able to get them back on track to PR status. At the beginning, we thought that was one of those cases. We did the PGWP and Restoration application. Soon thereafter, CBSA got involved and the situation became serious. CBSA made the determination that our client was inadmissible based on A38 – Medical Inadmissibility:

  • 38 (1) A foreign national is inadmissible on health grounds if their health condition

    • (a) is likely to be a danger to public health;

    • (b) is likely to be a danger to public safety; or

    • (c) might reasonably be expected to cause excessive demand on health or social services.

In legal terms, we call the above test the “excessive demand” test. At that time, we got the disclosure package from CBSA and we knew this was going to be a tough case.

At the same time, our client let us know that he got married to a Canadian citizen. They had been living together and they seemed to have a genuine relationship but they were reluctant to get legally married with everything going on. They decided to make their commitment to each other, to try to ensure that our client would not be removed/ deported from Canada.

We then assisted them with an SCLPC Class application and submitted the package to IRCC. As per above, CBSA has already referred our client to the IRB based on A38 – Medical Inadmissibility. So our job was to give the IRCC Officer as much time as possible to make a decision on the SCLPC Class application. We needed to ensure our client was not removed from Canada. SUCCESS! We got a positive decision from the Immigration Division!

We have provided a rough timeline of events below. I want to give credit to Naomi for spending hours (upon hours, upon hours) on this file, making sure the client and his family understood every step.

Date Action

 
1 SEP 2022 Client met Alastair for consultation regarding PGWP refusal

 
8 SEP 2022 Client retained our services for PGWP and Restoration

 
12 OCT 2022 Our office submitted application for PGWP and Restoration

 
2 NOV 2022 Client met Alastair for consultation regarding Admissibility Hearing and Spousal application

 
21 NOV 2022 Client retained our services for Spousal application

 
6 DEC 2022 Client retained our services to post-pone and represent Admissibility hearing scheduled for 19 DEC 2022

 
7 DEC 2022 Our office submitted a request to the ID to post-pone client’s admissibility hearing

 
7 DEC 2022 The ID responded with alternative Hearing dates and we re-scheduled for 8 FEB 2023 @ 11:00 am CST

 
23 JAN 2023 Submitted SCLPC application

 
8 FEB 2023 Admissibility postponed to 25 APR 2023 @ 10:30 AM due to not having enough time for witnesses

 
21 FEB 2023 IRCC provided temporary application number for SCLPC application

 
1 MAR 2023 IRCC sent Medical Examination instructions

 
28 MAR 2023 IRCC sent a letter confirming Sponsor meets the eligibility requirements as a Sponsor

 
5 APR 2023 IRCC sent a letter about reassessing clients eligibility requirements

 
12 APR 2023 Our office submitted a webform to IRCC to put PR application on hold

 
14 APRIL 2023 IRCC sent a letter confirming PGWP and restoration application was transferred to IRCC office in Edmonton

 
25 APR 2023 Admissibility hearing postponed due to member availability

 
13 JUN 2023 ID reached out to our office to re-scheduled Admissibility Hearing for 11 SEP 2023 @ 10:30 CDT

 
29 JUN 2023 IRCC sent a letter confirming client meets eligibility requirements as a Principal Applicant but still needs to pass the medical, security and background checks to become a PR

 
6 JUL 2023 IRCC sent a letter to confirm his PR application is being transferred to the IRCC office in Etobicoke for further assessment

 
8 AUG 2023 IRCC refused clients PGWP and Restoration application

 
9 AUG 2023 Client retained us to submit a Spousal Open Work Permit based on SCLPC application in process

 
10 AUG 2023 Our office submitted Spousal Open Work Permit via the Representative Portal

 
11 SEP 2023 Date of Admissibility Hearing

 

Our office and the ID did not know if client is a member of the Family class and resumption of Admissibility Hearing was scheduled for 2 NOV 2023

 
20 SEP 2023 Our office submitted a webform requesting if client has been determined to be a member of the Family Class

 
3 OCT 2023 Our office sent an email to CBSA requesting if they know if client has been determined to be a member of the Family Class
5 OCT 2023 CBSA provided GCMS notes and let us know that he sent 2 emails to IRCC

 
5 OCT 2023 Our office provided a copy of the SCLPC and OWP application to the ID and CBSA for their consideration by email and portal

 
19 OCT 2023 Our webform that was submitted on 20 SEP 2023 was added to the file

 
19 OCT 2023 Clients received a cold call from IRCC – Interview regarding genuine marriage

 
26 OCT 2023 Received VERY GOOD NEWS! IRCC Officer provided confirmation that client is a member of the Family Class

 

Success: PGWP & Restoration

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We love helping international students. They make so many sacrifices, both emotional and financial, to come to Canada to study. They pay more tuition than other students. They may suffer difficulties from being far from family. It can be quite difficult for them to settle into a new place and there are inherent stresses on this experience. Then, when these students finally graduate, they apply for a Post Graduate Work Permit. Most applicants try to do it themselves. The IRCC guide stresses how they do not need a lawyer or an agent. And, unfortunately, this can lead to a refusal. They may be asked to leave Canada “immediately” or “forthwith”. They do not know what to do so they come to us for help.

We have been able to help many international students get back on track to PR status. This is one of those cases. We have published other cases on our website as well. You can imagine that we do not publish every decision or every client’s story. We have too many files and we are simply too busy to do that. I wanted to share this story.

2016 – Client came to Canada to study

2020 – Client had difficulties with her studies and she took a semester off

2022 – Client had academic issues and she was a part-time student

2023 – Client consulted the Course Counselor at the University of Manitoba who advised that her academic issues would not impact her immigration

2023 – Client applied for PGWP – refused

2023 – Client retained CIL to do PGWP and Restoration

2023 – CIL submitted applications on her behalf – approved

 

The key to getting the above approval was all the work that was done to explain her circumstances. Staff at CIL spend hours (and hours and hours) to make sure all the language in the applications addresses all the potential issues.

For these applications, the IRCC generally does not give the applicant a chance to address issues. They simply make a decision based on the documents in the package. If the applicant fails to address a potential issue (even if they do not even know about the issue), the IRCC Officer may determine that the student is trying to hide or mislead.

In many cases, the international students are simply trying to do their best. They have been told the PGWP is “easy”. We have heard from many students that they thought, “I thought I could just do it myself”.

Of course, so much of the above does not make sense. International students may spend +$30,000.00 CAD on all the tuition and living expenses in Canada. Despite that investment, they take the risk to do one of the most important applications without a professional. We do not speak to the many international students who get successful results on their own, of course. For those students, we wish them all the best.

For international students who need help, we would like the chance to get you back on track to PR status.

 

Success: Urgent Study Permit Approved

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Making the decision to leave your home country to pursue an educational or vocational training program can be an equally terrifying and exciting time in one’s life. In the case below, the Applicant was looking to come to Canada to study Welding in a program that would be superior to any other program available to him in his home country.

With the help of Clarke Immigration Law, the Student was able to showcase a detailed study plan, in addition to demonstrating his ability to cover financial obligations such as tuition and living expenses. Since the applicant had an acceptance letter and a deadline of July 2023, CIL filed the application on an urgent basis. The application process is outlined below.  

  1. February 2023 – Client retained CIL to handle Study Permit application. 
  2. February 2023 to March 2023  – CIL staff worked with Applicant todevelop the package, including supporting documents and drafting the Study Plan (key part of the application!)  
  3. April 2023 – CIL submitted Study Permit application to IRCC via Portal.  
  4. In mid-April, IRCC portal updated to indicate application is in process.  
  5. May 2023 – Applicant receives approval from IRCC!  

It has been a pleasure to work with this individual and we will continue to work with this student to support him with his immigration matters. 

2023 Predictions

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As 2022 comes to a close, Clarke Immigration Law is thinking ahead to the new year and all the potential changes to Canadian immigration laws on the horizon. This past year has seen many developments as the many Orders in Council (OIC) from the pandemic have been expiring. We continue to meet with new clients who submitted applications under those old policies and programs, expecting the Officer to grant their requests even after the policy expired. As you may expect, the Officers refused those applications. Of course, if other individuals submitted those applications and they were accepted, they would not need our help and we would not be aware of those approvals.

In no particular order, here are our predictions for 2023:

1. More digitization of IRCC forms and processing

I cannot take credit for the move from paper applications to submitting digital applications; however, that was the focus of my presentation to Parliament in November 2020. Thank you again to MP Raquel Dancho for inviting me to speak to the CIMM committee. Here are some of the remarks made at that time:

My first point is that IRCC needs to further digitize the system and expand online services. For example, Spousal sponsorships and Temporary Resident Permit applications could easily be submitted online. In 2018, the Refugee Protection Division at the IRB introduced the e-Post system and it has been very successful. Epost makes it is easy for counsel to see details of documents that have been uploaded. IRCC has started to use e-Post for refugee claimants inside Canada and this tool be useful in other contexts. In short, a robust online system may provide solutions to dealing with long processing times and backlogs.

After I made those points to Parliament, many IRCC applications were digitized. At our last CBA National Immigration Conference, we heard from a group of IRCC Officers who described the differences between 19 (!) different online portals. Each portal has its own peccadillos and we regularly deal with portal issues. Staff at CIL are members of various listservs and we can see lawyers across Canada experiencing daily issues wtih the portals.

2. Fewer Issues with IRCC Portals

Related to the first point, I know that IRCC has been working hard to resolve the (many!) technological issues with the portals. It can seem that IRCC is slow to react to concerns. To a certain extent, IRCC is similar to an oceanliner and it changes course very slowly. For example, in 2022, we expressed many issues with the ArriveCAN app. I spoke with friends at CBSA and I know they were also expressing their frustrations internally. Finally, the government eventually listened to these concerns. 

3. Flexible Work Permits

Minister Fraser has demonstrated a clear understanding of the current labout shortages. He has made a few improvements to help Canadian businesses and to allow foreign nationals to work in Canada. This has included the change to allow international students work full-time. Recently, they unveiled a new Work Permit program to add more flexibility in the system.

Canadians, as well as folks from around the work, are dealing with inflation and labour shortages. Here at CIL, we are getting many requests from businesses in Winnipeg that need workers. There is a significant need for workers in key parts of the labour market.

We expect 2023 will bring additional Work Permits, possibly for spouses of Permanent Residents or Canadian Citizens. We are also hoping for Work Permits for siblings Permanent Residents or Canadian Citizens. Brothers and sisters of Permanent Residents or Canadian Citizens used to be included within the definition of “family members” prior to 2004. When IRPA was ratified, siblings were removed from that definition and moved to “relative”.

4. Lower CRS Scores for EE

IRCC has announced a significant increase in the number of Permanent Residents. The government is hoping to approve many applications 2023 and more in 2024. To meet those numbers, CIL predicts more skilled workers to be selected which will mean that minimum CRS scores may come down.

5. Longer Wait Times and Larger Backlogs

For decades, Canada has been one of the top destination countries in immigration. When I started helping international students at the University of Victoria in 1996, I met students from different corners of the world. When Trump was elected in the USA, the demand to come to Canada skyrocketed. All the applicants who considered “either Canada or the USA” as options were suddenly realizing that, in fact, our countries are quite different. The Canadian government supports families and respects cultural differences while the USA adopts a “melting pot” approach.

At the beginning of 2022, the Ukraine war led to uncertainty in Europe. Energy prices have been increasing around the world and Europeans are facing a cold winter.

I have family in the USA and in Europe. We have been hearing about all the issues and we have been trying to help as many people as possible to come to Canada.

Based on the above, Canada has continued to surge. Minister Fraser indicated that Canada is the #1 destination country and IRCC Officers have been overwhelmed with applications. We expect the demand to continue in 2023.

If you are dealing with the backlog, we published a guide on what you can do to help your application.

6. Increase in AI Decision Making

The backlogs at IRCC and all the points above will likely lead to more AI decisions. We have seen applications processed by Chinook and we have won cases at Federal Court from those decisions. The DOJ has been actively vetting Applications for Leave and Judicial Review to protect the IRCC decisions made by Chinook. We have yet to see a Federal Court judge provide guidance on how AI can be used to make decisions on immigration applications.

I expect IRCC will continue to ramp up their use of Chinook and other AI systems to deal with the backlogs. In turn, I expect Federal Court decisions that will consider the appropriate use of these systems by government agents.

7. Changes to MPNP

If you read this space, you know that Alastair Clarke was invited to give a presentation to the Immigration Advisory Council for Manitoba. They are currently looking at improvements and changes to the MPNP program. We expect the government will be updating the program and adding flexibility into our provincial system.

 

Success: Federal Court ALJR Re: Study Permit Decision-Chinook

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We are pleased to report that we were successful with a recent Application for Leave and Judicial Review (ALJR) filed to the Federal Court of Canada and served on the Department of Justice (DOJ) regarding the refusal of a Study Permit that was decided with the assistance of “Chinook 3+”. The DOJ agreed to our arguments and they provided a Settlement Offer for the Officer’s decision to be set aside. This is the best outcome for our client.

The Chinook system has been highly scrutinized by counsel across Canada and, it seems, we will not litigate this issue before the Court. We accepted the Settlement Offer from the DOJ and the Study Permit refusal has been set aside.

Here is a summary of this case:

  • FEB 2022 – We were retained to prepare and submit a STUDY PERMIT application on behalf of our client;
  • APRIL 2022 – We worked with our client to prepare a detailed 6 page STUDY PLAN;
  • APRIL 2022 – We prepared a Study Permit application – 191 pages of supporting documents and legal submissions;
  • JULY 2022 – IRCC refused the Study Permit application per R216(1)(b);
  • AUG 2022 – We were retained to do ALJR
  • SEPT 2022 – We received Rule 9 disclosure from the Court, including the note that “Chinook 3+” was used to refuse the application;
  • OCT 2022 – We served and file the Applicant’s Record, including 303 pages of documentation, affidavits and memorandum of law and argument;
  • OCT 2022 – DOJ provided Settlement Offer

Our fight is not done. At this point, we will be working with this student to prepare additional submissions in support of the application.

Federal Court matters are never easy. In most cases, it is a very difficult decision whether to even start the ALJR based on the refusal letter. Refusal letters are often simple template decisions that do not provide enough information to gauge whether the application was properly decided.

In this case, our client decided to go to the Court as the Study Permit application, which we prepared on his behalf, was extremely strong. If you follow this space, you may have seen previous Success Stories regarding study permit applications that were successful. Upon review, this case was a “slam dunk” situation. He should be issued the Study Permit. So the refusal simply did not make sense. It failed the basic smell test.

In previous cases, we have won at the Court after giving oral arguments and, if we are required to carry the case all the way to the end, it can take more than a year.

To be clear, we have no idea how Chinook 3+ was used by the Officer to refuse this application. We did not have the chance to cross-examine the Officer. We were assisted by counsel in Vancouver and Toronto with our submissions and research. They provided valuable insight into the Chinook 3+ system and how AI is being used by IRCC Officers.

CBC News: Health Care for Immigrants

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CBC News recently interviewed Alastair Clarke on the question of access to health care for immigrants. International students come to Canada to study, better themselves and hope to contribute to the Canadian economy. They build skills, develop relationships and, in some cases, adapt to Canadian values. At times, these individuals need health care. Each province in Canada has its own regulations on access to health care benefits.

In Manitoba, there is a mandatory waiting period, which can delay access to Manitoba health care for up to 3 months following your arrival in the province. That’s why so many newcomers to Canada seek out private health insurance that covers them until their Manitoba health card arrives.  If the immigrant or international student does not have private health insurance, they can receive a bill for health care services. Depending on their financial situation, they can lead to additional difficulties.

In a recent case in Winnipeg, Ms Joanna Johnson-Audu did everything right. She arrived from Nigeria as an international student, applied for MPNP and went through the applications to become a Permanent Resident of Canada. For details on her path to PR, we have provided a guide. Once she was granted PR status, she applied for a Manitoba health card. In Manitoba, health care and related services are overseen by the Department of Health and Seniors Care. Like in most other provinces, all medically required services are covered under Manitoba’s health care coverage, regardless of whether they take place in a hospital, at a doctor’s office, in a personal care home, or elsewhere.

As reported by CBC News, Ms Johnson-Audu applied for her MB health card on 8 APRIL 2022. After many months, she had a health emergency and went to St Boniface hospital. As she had received her MB health card, she was billed $337 CAD for her visit to the hospital. As notes:

On July 31, the woman went to the emergency room at Winnipeg’s St. Boniface Hospital because she was experiencing shortness of breath.

She was treated, but later billed $337 for the visit because she did not have a Manitoba Health card. She had applied for one on April 8, but still had not received it when she went to the hospital, almost four months later.

As reported by CBC News:

‘Lost in the bureaucracy’

Alastair Clarke, an immigration lawyer in Winnipeg, says the provincial government has an obligation to ensure people like Johnson-Audu have access to health care and other services, “and that they don’t get lost in the bureaucracy.”

“When you have an international student, and when you have immigrants and skilled workers coming … they’ve been contributing to Manitoba, they’re settled in their community,” he said.

“If they have a medical emergency, they should be able to go to the hospital without having to worry.”

Hopefully the MB officials will sort this out. In my view, this woman should not have been billed for the emergency services. That said, I have not reviewed her documents and I am not aware of what she told the hospital. We have seen other cases that have led to issues based on miscommunication and misunderstanding.

Success: Study Permit

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Here at CIL,  we have helped hundreds of students achieve their immigration goals. Each case is taken very seriously and clients often come to us after they have applied for a Study Permit themselves, or with the help of a shady agent, and it was refused. Thankfully, we have many different strategies for dealing with previous refusals and getting the Study Permit for our clients. We have provided a Guide to Success: Study Permits that includes four (4) key tips. If you require professional help, please contact CIL and we would be happy to assist. 

Study Permit

Recently, we were able to help a Filipino student come to Canada to pursue her studies. She came to us after multiple refusals. Unfortunately, she believed that Study Permits are “easy” and she could do it herself. The first application, which she did herself, was refused. She was quite distraught as she had been planning to continue her studies in Manitoba and she has strong connections to Winnipeg. She has relatives here who agreed to help her with housing and provide support. Nevertheless, the Visa Officer refused her application.

After the first refusal, our client hired an agent in the Philippines. He looked at her documents and helped her file a second Study Permit application. From what we can see, he did not do much for her. It is not clear what she paid for. The second Study Permit was also refused.

Our client came to us with two (2) Study Permit refusals. She decided to give it one more chance. She let us know that if we could not help her, she would give up. We were able to identify weak parts of her application and work with her and her relatives to add important evidence.

Success! The Visa Office in Manila accepted our Study Permit application and our client came to Canada at the beginning of this month. She has the support of her relatives here in Winnipeg and she is looking forward to her studies.

Congratulations!

Mandatory Vaccines @ UofM

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Dr. Michael Benarroch, President and Vice-Chancellor at the UofM has announced today that all students, including international students in Canada on Study Permits, faculty, including tenured professors and lecturers, as well as visitors to campus are required to be vaccinated against COVID-19. Clarke Immigration Law fully supports this decision for the public health and safety of all individuals at UofM.

The decision made by UofM was made in consultation with many professionals, including lawyers, Officers at Public Health, experts in Manitoba as well as other parts of Canada. I have been in contact with the UofM and I can confirm this decision was taken after significant deliberation.

As noted by Dr. Benarroch:

This recommendation was made by the COVID Recovery Steering Committee with input from each of the four sub-committees. The President’s Executive Team approved the recommendation after consulting with all unions and confirming support from Deans and the Chair of UM’s Board of Governors. Additionally, we sought legal advice, met with Public Health, and consulted with our post-secondary partners in Manitoba and across Canada. Many of you have also expressed that requiring vaccines is the best way to support a safe, in-person work and learning environment. I hear you and I thank you for your engagement on this important issue.

To be clear, Clarke Immigration Law agrees with the statement above. We strongly believe that requiring vaccines at UofM is the best way to keep students and faculty safe & healthy. In particular, we look forward to our clients getting back to in-person learning in a classroom setting. To make sure the in-person learning is safe, we agree the best approach is through mandatory vaccines at UofM.

Canada has achieved many significant milestones regarding the COVID-19. We also recognize the incredible work done by health care professionals, including nurses and doctors

New PGWP

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We cannot take credit for the news from IRCC that international students who have expired Post Graduation Work Permits (PGWP) will be able to apply for a new Work Permit starting 27 JAN 2021. This is very good news and it will help many clients. When I gave testimony to the parliamentary committee in NOV 2020, this was my testimony:

My third point relates to applicants in Provincial Nominee Programs. Many of these individuals are able to apply for Permanent Resident status based on their education and work experience in Canada. Once these workers receive PGWPtheir Nomination Certificate, they can apply for a bridging Work Permit that is restricted to their employer. This pandemic has resulted in many lay-offs and it has caused severe hardship. In my view, these Work Permits should be less restricted to avoid many issues, including potential problems with flag polling. For example, a NOC B worker could be allowed to accept a different NOC B position without having to obtain a new Work Permit. Similarly, I also urge more flexibility with Post Graduate Work Permits. They should not be limited to one PGWP per student.

It seems that IRCC may have listened. This is very good news.

There are 3 requirements for this new PGWP program:

  1. The Applicant must have a PGWP that expired on or after 30 JAN 2020, OR a PGWP that is going to expire in 4 months or less from the date of application;
  2. The Applicant must be physically present in Canada; and,
  3. The Applicant must have temporary status or be eligible to restore their status through a Restoration application.

During this pandemic, students and workers have been seriously affected. As the Minister said in his statement:

Our message to international students and graduates is simple: we don’t just want you to study here, we want you to stay here.

It is, of course, nice to see this remark from the Minister. Unfortunately, this statement is not consistent with the decisions by Visa Officers around the world. Too often, Visa Officers refuse Study Permit applications on the basis they believe the applicant will not return to their home country at the end of their study period. So which is it? Does Canada want to make sure they go back? Or, following Minister Mendicino’s comments, does Canada want them to stay?