Archives for 1997

Q. I have been working for an international company in China as an Executive Secretary for 4 years. I have two university degrees, one is English and one is International business. I applied under the category of Executive Secretary. During my interview, the officer told me that I had to have some formal secretary training in order to qualify and I was rejected. She said there were court cases to support her decision. Of course, I was very disappointed. Were there really some court cases to support her decision? Do I have a chance if I really go to court for such a situation. Appreciate much if anyone could give me some hints. If any lawyers could provide service for this case, pls tell me the service fee required and the chance for success (and the appeal time required).

Answer: There have been court cases suggesting that training as a secretary may be required in order to qualify as such. These have typically been in cases where the applicant did not have formal education that suggested an ability to perform this work otherwise.

There have also been numerous court cases which suggest that visa officials cannot import eligibility requirements not specifically outlined in the Regulations, or the CCDO. I am not familiar with any cases to this effect concerning the NOC given the relative recency of its implementation.

This would appear to be a clear situation of imported requirements. Unfortunately, an appeal would have to have been filed shortly after the receipt of the refusal notice. The implementation of the NOC has also substantially decreased the likelihood of a secretary succeeding in meeting the minimum point requirement.

Q. Following a failed refugee application, I have been refused an extension of my student authorization on the grounds of tendency to immigrate. Is this justified?

Answer: A student authorization is essentially a visitor visa, with authorization to study. To be approved as a visitor, an immigration official must be satisfied that the applicant does not intend to remain in Canada permanently, or will at least leave Canada within the time specified.

The submission of the refugee application, in this case, may have been taken by immigration officials as an indication that the individual does not satisfy the stated requirement. This would result in the refusal of issuance of further student authorizations or extensions. The only possibility is for the individual to once again demonstrate that he meets the definition of a visitor.

Q. Could anyone please tell me, if it is possible to come to Canada as ‘Independent Immigrant’ and get a business license (software development).

Answer: You may create and operate a business in Canada, despite acceptance in the skilled worker program. It should be noted, however, that an intention to operate your own business is not consistent with the purpose of the skilled worker program, and there are programs which are designated for this purpose (i.e., Self-Employed, Entrepreneur). Although you may qualify in the skilled worker program, indication that you wish to operate a business, even if in a field in which open professions exist, may result in the necessity of qualification in the business class. As you may not have existing experience with such a business, that could be problematic.

Q. If one cannot obtain a Reference letter from his X- company from few years back, Can He send a copy of the letter he had received at that time.

Answer: As a general rule, yes. The document should contain the information requested by the IAPC, however.

In a recent implementation of new policy at the IAPC in Buffalo, applicants have been refused at the time of paper screening, and without interview, as a result of letters of reference which did not contain enough detail to clearly demonstrate work experience consistent with the stated intended occupation.

Although this policy will certainly be struck down in court, it will, in the interim, create considerable problems for numerous applicants.

Effective December 1, 1997 all business category applications (entrepreneur, investor and self-employed) to be processed in the United States must be submitted at the Regional Program Centre in Buffalo.

Commencing December 1, all initial processing will occur in Buffalo (file creation, paper-screening, records checks, document referral, etc.). If an interview is required the application will then be referred to one of the satellite offices, including Buffalo
itself, for interview and final decision.

This change will align RPC/Satellite operations in the United States with RPC/Satellite operations in most other locales. It will facilitate the development of expertise and information about business category applications from a wide variety of countries and will provide consistency in addition to strengthened program integrity.

USA satellite offices receiving business category applications prior to December 1, 1997 will continue to be responsible for all aspects of processing. Any applications received at these satellites after December 1, 1997 must be forwarded to Buffalo for initial processing. USA satellites will also cease to provide their business category application kits as of December 1. The standard kit for the United States will be the Buffalo one, which is also available on
the CIC internet site or through contacting Buffalo directly.

Immigration Report Card – 1996

IMMIGRATION REPORT CARD – 1996
COMPONENTS	PLANNED LEVEL	ACTUAL LANDINGS	%DIFFERENCE*
IMMIGRANTS
Immediate Family	47,000 – 51,000	43,149	-15%
Parents and Grandparents	31,000 – 34,700	24,417	-30%
Total Family	78,000 – 85,700	67,566	-21%
Skilled Worker	66,500 – 73,000	97,219	33%
Business	18,000 – 20,500	22,363	9%
Prov./Terr. Nominees	1,000	231	-77%
Total Economic	85,500 – 94,500	119,813	27%
Live-in Caregiver – Pr. Appl.	3,000	3,580	19%
Live-in Caregiver – Sp. or Dep	1,000	917	-8%
Deferred Removal Order Class	3,500	3,313	-5%
Total Other**	7,500	7,810	4%
REFUGEES
Government Assisted Refugees	7,300	7,836	7%
Privately Sponsored Refugees	2,700 – 4,000	3,040	-24%
Refugees Landed in Canada	12,000 – 18,000	17,216	-4%
Dependants Abroad***	2,000 – 3,000	393	-87%
Total Refugees	24,000 – 32,300	28,485	-12%
Total Planned	195,000 – 220,000	223,674	2%
Retirees	N/A	145	N/A
Backlog	N/A	231	N/A
Total	195,000 – 220,000	224,050	2%

* Where the planned levels are expressed as ranges, the % difference is expressed in terms of the ceiling level of the specified range.

**Retirees are no longer considered a separate category and are therefore not included in this category for purposes of planning levels

***Dependants (of a refugee landed in Canada) who live abroad

Q. Does being out of Visa Status in the US have a negative effect on a canada PR application?

Answer: Immigration policy manuals state that the status of the applicant in the country from which the application is submitted should not affect admissibility. There has, however, been at least one case where an applicant was refused on the grounds that remaining in the USA beyond the period granted constituted an omission resulting in inadmissibility on the grounds of criminality..

Q. Can I apply the independent PR for the more than one intended occupations? For example, I have sent the two self-assessment sheet of 2 computational occupations (mini/micro-computer specialist, and the programmer of engineering and scientific), for the immigration officer evaluation. Can it be acceptable?

Answer: If you have experience consistent with two intended occupations on the current GOL (neither of the occupations you stated is from the current GOL), you may state such in your application. Assessment of your application would take this into consideration.

Q. Can refusal of PRP (permanent resident application) cause refusal of student authorization?

I applied for PRP back in 1995/96. I was refused the PRP only because I did not have enough experience in the job category I applied for.

Now, I got admission to Ph.D. program in Canadian Univ., and am granted financial support for the whole duration of my study. However, the Canadian embassy refused me VISA by stating the fact that I was refused the PRP in 1996, and they are not sure if I will leave Canada after my studies. What does paragraph 19(2)(d) of the Act states?

As a prior application for permanent residence makes a clear indication that the individual has (or at least had) the intention of residing permanently in Canada, subsequent non-immigrant visa applications would certainly be tainted. In such a case, a visa official may have concern about the likelihood of the individual’s return home after the allowed period in Canada has expired.

Answer: 19(2)(d) states:

No immigrant and, except as provided in subsection 3, no visitor shall be granted admission if the immigrant or visitor is a member of any of the following classes:

[…]

(d) persons who cannot or do not fulfil or comply with any of the conditions or requirements of this Act or the regulations or any orders or directions lawfully made or given under this Act or the regulations.

Subsection 3 states:

A senior immigration officer or an adjudicator, as the case may be, may grant entry to any person who is a member of an inadmissible class described in subsection (2) subject to such terms and conditions as the officer or adjudicator deems appropriate and for a period not exceeding thirty days, where, in the opinion of the officer or adjudicator, the purpose for which entry is sought justifies admission.