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Immigration

Latest

Thursday, May 30, 2019 @ 11:40 AM

Don’t assume you'll be admitted to U.S. as a Business Visitor business_travel_U.S._sm

There are a few nearly universal requirements for someone to be admitted to the U.S. as a visitor. He must have a foreign residence to which he plans to return. He also cannot be paid for his U.S. activities from a U.S. source; this would compel foreign employees of a U.S. company to obtain work permits for simple meetings in the U.S. As described below, however, simply being paid from Canada will not guarantee B-1 status if the traveler wishes to enter for activities that disqualify him. ... [read more]

Thursday, May 23, 2019 @ 9:25 AM

Habeas corpus and immigration detention: Now a real option immigration_jail_sm

Almost six months after the Supreme Court heard the case of Canada (Public Safety and Emergency Preparedness) v. Chhina 2019 SCC 29, the judgment of the court was rendered on May 10, 2019. ... [read more]

Wednesday, May 22, 2019 @ 2:27 PM

Human trafficking fight requires precision in language and goals handcuffedhands.jpg

For more than a decade the Canadian Women’s Foundation (CWF) has focused on prioritizing women’s safety in anti-trafficking work, ensuring those who have experienced trafficking receive services and supports that recognize their different realities. ... [read more]

Wednesday, May 15, 2019 @ 12:32 PM

OPC opens consultation on transborder data flows: Proposes reversal in approach datalock2.jpb

On April 9, 2019, the Office of the Privacy Commissioner of Canada (OPC) launched a consultation on transborder data flows in which they indicated that they were revisiting their long-held position that a transfer of personal information to a service provider for processing does not require consent from the individual, and now propose that a transfer for processing involves a disclosure of personal information and therefore requires consent. ... [read more]

Monday, May 13, 2019 @ 8:50 AM

Yet another self-regulatory body for immigration consultants | Colin Singer

Canada will once again, overhaul its system for regulating immigration consultants by creating a new College of Immigration and Citizenship Consultants (CICC). ... [read more]

Friday, May 10, 2019 @ 5:41 PM

SCC rules immigration detainees can apply to provincial superior courts for habeas corpus Nico Breed

The Supreme Court of Canada has affirmed 6-1 that persons detained pursuant to the Immigration and Refugee Protection Act (IRPA) may seek habeas corpus review in superior court when the detainee contends that the detention’s length, uncertain duration or conditions are illegal. ... [read more]

Friday, May 10, 2019 @ 2:21 PM

OFFENCES AND ENFORCEMENT - Release from detention

Appeal by Canada’s Minister of Public Safety and Emergency Preparedness (Minister) from a judgment of the Alberta Court of Appeal setting aside a decision dismissing Chhina’s application for habeas corpus. ... [read more]

Friday, May 10, 2019 @ 9:16 AM

IRB needs timely appointments and resources as refugee claim backlogs, wait times skyrocket Sylvain Ricard

Ottawa must consistently ensure that the Immigration and Refugee Board (IRB) speedily gets the appointments and resources it needs — without the chronic delays the IRB typically suffers. That’s the prescription from immigration law specialist Ravi Jain, vice-chair of the Canadian Bar Association’s immigration law section, for the litany of ills highlighted this week by Interim Auditor General Sylvain Ricard. ... [read more]

Friday, May 10, 2019 @ 8:24 AM

Not filing U.S. tax forms serious for Americans in Canada FBAR_tax_sm

It’s been nine years since the Foreign Account Tax Compliance Act (FATCA) was passed in the United States, and almost five since the U.S. and Canada entered into an intergovernmental agreement to share tax-related information. Americans who live in Canada should know now that they are required to file a U.S. tax return and other information returns annually. ... [read more]

Thursday, May 09, 2019 @ 9:17 AM

Habeas corpus and immigration detention: Top court to weigh in immgration_jail_sm

As mentioned in our previous article, the Supreme Court of Canada is expected to weigh in on availability of a writ of habeas corpus to those being held in immigration detention in Minister of Public Safety and Emergency Preparedness, et al. v. Tusif Ur Rehman Chhina, Docket 37770. ... [read more]