Archive for category: Temporary Residents

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Presentation: CBA Conference (Victoria BC)

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On 6 June 2025, Alastair Clarke will be moderating a panel at the CBA National Immigration Conference which will be held in Victoria, BC. Alastair completed his undergraduate degree at UVic many years ago so he is very excited to return to the city. Chantal Desloges will be a speaker on the panel as well as a representative from IRCC. Here is a description of the presentation:

The Art of Staying Legal: Mastering Temporary Residence Issues Facing Your Clients
Room: Carson Hall C, Victoria Conference Centre, 2nd floor

This session will be offered with webcasting and simultaneous interpretation *

With Canada intensifying enforcement efforts and focusing on reducing the temporary resident population, maintaining legal status has become more critical than ever. This session provides an in-depth review of key issues surrounding temporary residence, equipping practitioners with the knowledge to guide their clients effectively. Topics include the impact of the cancellation of flagpoling, advising clients on maintained status and IRCC’s maintained status letters, and addressing challenges faced by Visitor Record holders due to IRCC’s shifting interpretations. The session will also explore the laws and procedures for restoring status and obtaining Temporary Resident Permits, ensuring you’re prepared to help your clients navigate these complex challenges.

Speakers:
Chantal Desloges, Desloges Law Group Professional Corporation (Toronto, ON)
Julie Campeau, Immigration, Refugees and Citizenship Canada (Ottawa, ON)

Moderator: Alastair Clarke, Clarke Immigration Law (Winnipeg, MB)

If you would like to attend this presentation, I hope you are already registered. This conference is extremely popular and the conference is sold out.

For the full agenda and a list of other speakers and moderators, please click on this link. 

We expect IRCC will be making significant announcements during the conference. This is the largest annual conference for Canadian immigration lawyers and it is a chance for representatives to speak directly with IRCC Officers, CBSA Officers, policy analysts, Federal Court judges and other professionals.

We are hoping that Minister Diab will attend the CBA conference. She has not yet confirmed her attendance. She has only been Minister of IRCC for less than a month.

Alastair Clarke previously presented at the CBA National Immigration Conference in 2017. At that time, Canada was dealing with a crisis at the border with many refugee claims and he was recognized as an expert on the STCA. That presentation received strong support and he subsequently gave interviews on CBC News, Global News and many other programs.

CIL strongly believes in public education and awareness. There is significant misinformation online and many websites include outdated or obsolete information. Unfortunately, we regularly meet individuals who rely on bad information or incorrect advice and that may lead to significant problems.

 

Success: TRV (inside Canada)

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We know the Canadian immgration system can be complex and difficult to navigate. Last month, an int’l student came to our office. He has been studying in Canada for many years and he wants to spend time with his family at home. He is in Canada on a Study Permit. He applied for a Visitor Record so that he could leave Canada and come back to his studies. If you are familiar with our system, you will know that he applied for the wrong document. A Visitor Record does not give a FN the right to re-enter. He came to us for help and we helped with an expedited TRV application from inside Canada. It was approved and he can now go and visit his parents.

Here is a brief timeline of Emmanuel’s TRV  application:

  • MAR 2025              Prepared supplementary document checklist, collected and reviewed documents;
  • MAR 2025              Reviewed full package, submitted OWP application;
  • APR 2025.              TRV Approved.TRV inside Canada

TRV approved. We wish him safe travels!

 

 

MB MPNP Work Permits – New Policy

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It is no secret that the MPNP program is the best PNP in Canada. It is also the original, first PNP program. My kids may say that the MPNP is the “OG” PNP in Canada. I would love to say that MPNP gets special attention by IRCC based on the history of the program and the high level of expertise by MPNP Officers. They spend significant time vetting the applications. We have helped 1000s of people through the program to get PR status.

Alastair Clarke was in Montreal in 2024 when Manitoba negotiated the previous Temporary Public Policy for Work Permits. That public policy was announced in MAY 2024 based on specific program requirements at that time. We were able to help our clients get Open Work Permits through that program and then help them with PR status.

The APR 2025 program is based on the same public policy section of IRPR that allows Officers to issue Work Permits. That said, the APR 2025 policy is different from the MAY 2024 policy. We know that many applicants had issues with the MAY 2024 public policy and we met with many clients who received refusals from IRCC as they did not properly submit the application. This program opens on 22 APR 2025.

For this 2025 policy, we strongly recommend that applicants hire a professional for the Open Work Permit application.

Basis eligibility requirements:

MPNP candidates who meet these basic requirements may be eligible for this Open Work Permit application:

  • Hold a valid work permit that will expire in 2025, or
  • Held a work permit valid on May 7, 2024 that has since expired and have submitted an application for a new work permit under section 200 of the Immigration and Refugee Protection Regulations, or
  • Held a work permit valid on May 7, 2024 that has since expired and have submitted an application for an extension of the authorization to remain in Canada as a temporary resident under section 181 of the Immigration and Refugee Protection Regulations, or
  • Held a work permit valid on May 7, 2024 that has since expired and have submitted an application for restoration of temporary resident status under section 182 of the Immigration and Refugee Protection Regulations, or
  • Were authorized to work pursuant to paragraph 186 (u) of the Immigration and Refugee Protection Regulations on May 7, 2024, and the work permit extension application remains pending or was approved, and have submitted an application for a new work permit under section 200 of the Immigration and Refugee Protection Regulations, or
  • Were authorized to work pursuant to paragraph 186 (u) of the Immigration and Refugee Protection Regulations on May 7, 2024, and the work permit extension application remains pending or was approved, and have submitted an application for an extension of the authorization to remain in Canada as a temporary resident under section 181 of the Immigration and Refugee Protection Regulations.

Additional requirements:

  • They had a valid Manitoba Provincial Nominee Program Expression of Interest profile on January 15, 2025, and have a valid Manitoba Provincial Nominee Program Expression of Interest profile at the time of this application
  • They were residing in Manitoba prior to January 15, 2025 and have continuously remained residing in Manitoba
  • They are currently employed in Manitoba with a Manitoba employer that is willing to provide a letter of employment*.
  • They are intending to establish in Manitoba as a permanent resident.

Professional Help

If you would like our services, the first step is to call CIL and book a consultation. We will review your situation, including the requirements. If the client is eligible, we can provide a quote for the necessary services. For our base fees, we have published our fees online to provide guidance.

Petition to save EESE

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CIL works with many partners and service providers in Manitoba to help our clients. Alastair Clarke regularly gives guest lectures to students at UofW, Robson Hall and he has helped students at the Enhanced English Skills for Employment (EESE) in Winnipeg. This is a valuable program for newcomers so they can understand how things work in Canada and, of course, so they can improve their English skills. As you can read from Alastair’s bio, he was an ESL teacher in Japan for many years so this program is close to his heart.

We encourage you to sign this petition to support EESE and similar programs. As stated by EESE:

The federal government has decided to cut funding for Enhanced English Skills for Employment (EESE) and similar programs serving newcomers with Canadian Language Benchmark levels 5-8.

If this decision is not reversed, EESE will close on March 31, 2025, leaving hundreds of newcomers without critical resources for language education, integration and employment.

This decision will affect many newcomers to Manitoba. These classes help students learn many aspects of Canadian culture, not just English skills.

As described in the petition:

Petition to the Minister of Immigration, Refugees and Citizenship

Whereas:
  • Enhanced English Skills for Employment (EESE) has been instrumental in helping newcomers gain essential language skills and a deep understanding of Canadian workplace culture, enabling them to succeed in their new communities and workplace;
  • The decision to close EESE on March 31, 2025, will leave hundreds of newcomers without access to critical education and support for integration and employment.
We, the undersigned, Students and teachers of Enhanced English Skills for Employment, call upon the Minister of Immigration, Refugees and Citizenshipto reverse its decision to cut funding for EESE, which serves newcomers with Canadian Language Benchmark levels 5-8, to ensure its continuation.

We urge you to support EESE and hopefully the Minister will rethink this decision.

Success: OPEN WORK PERMIT (30 days)

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We do our best to share our cases with the public. We know that many people are trying to get information on IRCC processing times. Many people come to CIL and they want PR as quickly as possible. Or they want a Work Permit as quickly as possible. We do our best, of course, to prepare quality packages on behalf of everyone who retains our law firm. I have to highlight that we focus on QUALITY over speed. I have heard too many stories of an agent or an immigration consultant who gets an IRCC refusal and then they immediately send off another application. Sometimes they send off the same application with the hope of a different result. They do not put in the time and effort to improve the application or address the IRCC Officer’s concerns. IMHO, that is bad practice and it is not what we do at CIL.

In this case, we had an urgent situation. Our client needed to support his family. Here is the timeline to show how our client’s Work Permit was approved after only 30 days:

  • OCT 2024              Prepared supplementary document checklist, collected and reviewed documents;
  • OCT 2024              Reviewed full package, submitted OWP application;
  • NOV 2024             OWP Approved.

We have reported quick decisions before. We know that our applications seem to be processed much faster than average processing times. We have reported many past cases and we have seen the evidence.

Notwithstanding the above, we cannot guarantee that all our Open Work Permits will be processed in 30 days.

Currently, IRCC is reporting that AVERAGE processing times for this application is 169 days. We cannot guarantee that our applications are faster than average. Every case is different.

Temporary Status and PR Status

You can read past cases where our clients get PR status much faster than other applicants:

Each one of these applications is processed by an Officer at IRCC. It is important to focus on quality.

Triple Check System

CIL’s triple check system ensures that all applications submitted by our office have the best chance at success. Applications prepared and submitted by Team Members at CIL must follow our “triple check” system. This system ensures that every application is checked and confirmed by at least three people: the Case Worker, the Client and the Manager. The Case Worker prepares the initial draft and works with the client and supporters. All documents are provided to the client to confirm the information is 100% correct. The Manager reviews all the information to triple-check every detail before we submit. All applications submitted by CIL go through the triple-check system – including all packages to IRCC, CBSA, the IRB (all divisions), ESDC (Service Canada) and Federal Court.

The triple-check system requires significant time and attention. Most law firms do not put in as much time and effort. Our system, however, is designed to ensure that our clients are 100% fully aware of every document, every detail and every legal argument that is being made on their behalf. This system also ensures that the work product of each Case Worker is properly supported and CIL adheres to our team approach. This “triple check” system has proven to result in high quality work, a high rate of positive decisions, and a high degree of confidence with our clients.

 

 

 

Success: Visitor Record (45 days)

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IRCC and Minister Miller have been making many changes for temporary residents. These include temporary foreign workers (TFWs), international students and visitors. Options for international students have become limited. Recently, we published a post of a TFW who got a Work Permit very quickly. Every month, the programs and policies to help temporary residents seem to be diminishing. The team at CIL do our best to help. Today, we can share a case of a temporary resident who wanted to stay in Canada. We were successful with a Visitor Record (1 year).

Here is the timeline:

  • MAY 2024            Consultation 1;
  • JUNE 2024          Consultation 2;
  • JUNE 2024          Client retained CIL to prepare and submit Visitor record (VR) application on client’s behalf;
  • JULY 2024           Prepared supplementary document checklist, collected and reviewed documents;
  • AUG 2024             Reviewed full package, submitted VR application;
  • OCT 2024             VR Approved in 45 days.

As noted above, we had 2 consultations with this client. She was not sure whether the Visitor Record was the best option. Here at CIL, we do not tell clients what to do. We explain all the various options and help them understand the pros & cons of each decision. We explore potential legal consequences for both the short-term and the long-term. Ultimately, we respect our clients’ decisions and we make sure they have the best chance at a positive decision.

Congratulations to this client on getting her Visitor Record! We know this document fits her immigration goals and she now has more time to spend with her family members.

Finally, we have to mention that our client got the IRCC decision much faster than the average processing time. Based on the IRCC published information, the average time for the Visitor extension (Visitor Record) is 117 days. We got this decision in only 45 days. Our client does not need additional stress from having to wait a long time.

We do our best to make sure our clients get positive decisions – as quickly as possible.

In this case, our client did not have to wait 117 days. She got her document after only 45 days. Very good news!

Success: Study Permit (PAL) – 19 days

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Over the past 8 months, IRCC has increased the number of Study Permit refusals. We have published posts on the new restrictions that have been added to cut the number of international students in Canada. IRCC Minister Marc Miller has announced that he wants to significantly reduce the number of private colleges and “puppy mills” across the country. Financial requirements have also increased. Thankfully, despite these new roadblocks, we are still able to get positive decisions for our clients – quickly! Our client’s application was processed by the Visa Office in Nigeria and approved after only 19 days.

Congratulations to our client for her positive result – after only 19 days. From our team at CIL, it is our privilege for us to guide our clients to successful result. In this case, Kristina poured hours and hours into the file to prepare and submit a beautiful package.

Our client is, of course, thrilled to come and study in Canada. Previously, she hired an agent and her Study Permit application was refused. We had to address the Officer’s concerns, obtain a new PAL from the Province of Manitoba, and provide a strong Study Plan. Our plan worked.

This is the feedback from our client’s sponsor:

Indeed it is a good day. Well done to you, Alastair and your team. [She] is relieved, she can now continue her dream of a Canadian education.

We know that getting a Study Permit in 2024 will be difficult. The OICs that led to easy decisions have all expired. We speak with potential clients every day who need professional help. We cannot help everyone. Our time is limited. For those who can afford our services, we give them the best chance as a positive result.

Success: Restoration of Temporary Status

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Another case of a family hiring a shady agent and then getting into trouble. CIL to the rescue (again). We were able to fix the problems and get this family back on track, after significant work. We love winning cases, of course, but it would have been more economical for this family to have simply come to us first. They put themselves through unnecessary stress and extra costs by going to the shady agent.

In this case, the UK family came to Manitoba to work. They have extensive professional experience and their children are young. They were struggling in Britain. They did not see a good future for their children and the employment opportunities in Manitoba are much better. Maybe they saw that Manitoba has the best child care in Canada? They took the job offer and relocated their family to Manitoba. They hired a shady agent to process the documents.

The agent was sloppy. She did not carefully review the applications and they were refused. This family has experienced significant stress and they have spent $$$ to relocate to Canada. When the applications were refused, they had 90 days to submit new applications and restore their status. At this point, they made the decision to hire an immigration lawyer. They booked a consultation and CIL took over.

The team at CIL worked on this file quickly, prepared the applications and submitted beautiful packages. We assisted the clients with Statutory Declarations to explain the past mistakes of the shady agent. In this case, I do not believe the agent was incompetent. She was simply sloppy and she made mistakes. If you read this space, you can see that we have dealt with other situations where the agent was grossly incompetent and, in those cases, we recommend the client to file a complaint. 

After 4 months, all the applications were approved. This UK family is back on track and they are extremely happy & relieved. Working with this family has been a pleasure. They love Winnipeg and they are confident they made the right choice for their family.

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. 

WFP: Applicant Sues Imm Consultant

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The Winnipeg Free Press (WFP) has recently posted an article regarding a frustrating, and common, situation involving an MPNP applicant. CIL is not involved in this matter and we have never represented either the worker or the employer. WFP contacted CIL for a legal opinion and commentary on this mess. As reported:

Gill applied to the provincial program and got an acknowledgement of the application in September 2022, then applied for a work permit — but he alleges Jasra failed to pay a standard compliance fee of $230, and his work permit was refused two weeks later.

The immigration consultant submitted a request for a new support letter from the provincial program and a new work permit application to restore Gill’s status as a legal worker in the country, the lawsuit alleged.

Gill said the consultant told him he could continue to work while the federal government considered his application.

Winnipeg immigration lawyer Alastair Clarke told the Free Press that is incorrect.

Indeed, based on the evidence provided, when the applicant received the refusal letter from IRCC, he lost his status as a worker and he was required to immediately stop working. Any work done after the IRCC refusal letter would be unauthorized work and could lead to disciplinary action by CBSA.

As noted by WFP, we have handled many of these situations and we do our best to fix the mess.

The WFP article continues:

While Gill — his employment and potential immigration status in the balance — seeks damages in court, Clarke said he gets an almost identical case every month.

“Unfortunately, this is very common. I deal with many, many of these situations,” said Clarke, who is not involved in Gill’s case.

“In terms of this particular work permit, and agents or immigration consultants not properly submitting the requested documents, we have seen it many, many times.”

CIL dealt with another matter and we were able to help the worker. Recently, Alastair Clarke went to POE Emerson with another worker in a similar situation. In that case, the representative also told the worker that his Work Permit had been submitted, when in fact, it had not. The representative completely lied to her client.

Alastair Clarke spent many hours at POE Emerson with our client, explaining the situation to the Officer. Based on the working without authorization, our client was given a TRP and a WP.

Our client is now back on track to get PR status, despite the mistakes of his former representative.