Illegal Immigration to Canada

Posted on April 4, 2017 in Uncategorized

Illegal immigrants are people who are not legally permitted to live in a country. Every year, hundreds and thousands of people attempt to enter Canada illegally from Hungary, Mexico, Costa Rica, Argentina, Panama, Central America, Eastern Europe, Ireland and other countries. Both the United States and Canada face serious illegal immigration problems. Failed refugee claimants and people with expired visas are illegal immigrants. It is believed that about 8% of foreigners attempt to enter Canada illegally. Another 64,000 people (8%) have expired visas. Some people enter the country as undocumented persons because of economic reasons.

As per an immigration report in 2003, the estimated number of undocumented people living in Canada is somewhere between 100,000 to 200,000. A few illegal immigrants exhaust all avenues of becoming legal and continue to live, work and contribute to Canada’s economy for long. Increased security protection in United States following September 11, 2001 has also resulted in an increase in the number of illegal immigrants to Canada.

Illegal immigration to Canada can be reduced by verifying social insurance numbers. In Canada, a social insurance number beginning with the number nine shows that the person holding it is not a citizen. The expiration date must be verified to make sure that the number is still valid. Human Resources and Skills Development Canada can support problems in this region.

When compared to United States, illegal immigration to Canada is less. One can enter Canada either illegally, or as a refugee, citizen, or permanent immigrant. Entering illegally should not be necessary in Canada, because the country has the most liberal immigration and refugee entry laws in the world.

For political reasons, the Canadian government took the initiative to legalize undocumented people by granting amnesty. Illegal immigrants in Canada are granted permanent immigrant status during these amnesties. People who commit serious crimes are unlikely to get amnesty.

Employment Law in Canada – Calculating Reasonable Notice Periods

Posted on April 2, 2017 in Uncategorized

In Canada, when an employee is terminated from their employment without just cause (is wrongfully dismissed), they are usually entitled to reasonable notice damages. The amount of notice is essentially a period during which an employee’s salary will continue while they search for new employment. Once an employee finds a new job their entitlement to these damages for wrongful dismissal usually ends or is reduced.

In Canada these damages may be awarded in court but in most cases of wrongful dismissal a settlement is reached before going to court is necessary. According to court decisions, employment law notice periods range from one week’s notice up to a 24 month period in certain cases. The period of reasonable notice depends on a variety of factors the most important of which are an employees age, their length of service with the employer, the character of the employment, and the availability of similar employment.

The first two factors, an employee’s age and the amount of time they have worked for the employer are relatively easy to calculate. With respect to these factors the longer an employee has worked with an employer, and the greater their age the longer the reasonable notice period will be. The next factor, the character of the employment, considers how specialized or unique the employee’s job was. Specialized work may be harder to replace for an employee if there are a limited number of similar positions in the geographical area where they reside. An employee in a specialized field may also find difficulty in transitioning to another field without taking a significant pay cut. Similarly, less specialized work may be easier to replace and lead to a reduction of the notice period. Finally, the last factor, the availability of similar employment, is not a difficult concept to grasp but care must be taken to record evidence of similar employment opportunities (or a lack thereof) in an employee’s geographical area.


The Advantage of Retaining an Immigration Lawyer

Posted on March 31, 2017 in Uncategorized

Having an experienced and knowledgeable Canadian Immigration Lawyer, whether the client is in or outside of Canada, is essential when dealing with Canadian authorities. Keeping up with the latest developments in Canadian immigration law, rules, policies and procedures for processing various immigrant visa applications, work permits and study permits is absolutely necessary in order for an effective Canadian Immigration Lawyer to obtain successful results on the client’s behalf. As well, when a client is facing enforcement proceedings such as a detention review, an admissibility hearing or an appeal at the Immigration and Refugee Board of Canada or the Federal Court of Canada, the advocacy skills of an experienced lawyer are advantageous in successfully presenting and arguing the case.

A Canadian Immigration Lawyer represents:

– Skilled individuals and business people who wish to immigrate and make a positive contribution to Canada;
– Family members wishing to migrate to Canada in order to be reunited with their relatives;
– Individuals requiring immigration assistance with corporate transfers;
– Individuals in Canada who wish to change or regularize their immigration status;
– Individuals in Canada who may be brought before immigration admissibility or deportation proceedings.

An experienced lawyer can prepare and present an impressive package that highlights the client’s most positive qualities to Canadian officials, thoroughly prepare the client for the interview at the Canadian Visa Office or Canada Immigration, or represent the client who may be facing enforcement proceedings in Canada.

Skilled Worker Class, Canadian Experience Class, Provincial Nominee Programs, Business Class

If a client is eligible to apply to immigrate to Canada under one of these programs, an experienced Canadian Immigration Lawyer will prepare an application package that places the client’s qualifications and personal situation in the best light for consideration by Canadian officials.

Applications for Canadian Permanent Residence are considered by visa officers at Canadian Consulates or Embassies around the world. For an experienced lawyer, keeping current with the applicable regulations, rules and guidelines is only part of the job, as there is also a discretionary component allowed to be exercised by the decision-making officer. A lawyer’s experience in preparing and submitting these types of applications, as well as dealing with various Canadian immigration and visa officers, ensures quality representation throughout the application process.

Visitor Visa, Study Visa or Work Visa to Canada

If the client is applying to visit, study or work in Canada (temporary residence), a Canadian Immigration Lawyer will assess the client’s situation, determine the most suitable program and prepare a complete application package for consideration by Canadian officials.

Applications for Canadian Temporary Residence are generally considered by visa officers at Canadian Consulates or Embassies around the world. In some cases, an application may be filed from within Canada. Although the determination by visa officers and immigration officers are governed by regulations, rules and guidelines, there is also a discretionary component allowed to be exercised by the decision-maker. With a lawyer’s experience in these types of cases, the client is provided with knowledgeable, quality representation throughout the application process.

Sponsorship, Humanitarian and Compassionate Grounds, Criminal Rehabilitation

If the client is already in Canada, a Canadian Immigration Lawyer will review the particular situation and determine if the client qualifies for one of these applications to become a permanent resident of Canada.

These discretionary applications are considered by Immigration Officers at Canada Immigration Centres. Although it is important to be thoroughly familiar with applicable regulations, rules and guidelines, an experienced lawyer will be able to address the relevant circumstances of the client’s specific personal situation. Experience in dealing with various immigration officers in these types of cases provides the client with effective representation throughout the application process.

Detention, Admissibility and Appeal Division Hearings, Applications to the Federal Court of Canada

If the client is facing one of these immigration proceedings, an experienced Canadian Immigration Lawyer can provide the client with effective representation in arguing the case at the review, hearing or appeal.

The key factors for a lawyer in successfully arguing the client’s case in court or at an immigration tribunal are preparation, knowledge and experience. A Canadian Immigration Lawyer who is thoroughly prepared with the facts of the client’s case, the relevant legislative provisions and judicial decisions is essential to successfully preparing the client for the hearing or appeal.

Copyright © 2011 Steven Tress, Barrister and Solicitor. All Rights Reserved Worldwide.