RHYME & REASON

Filipiniana News   -   December 2019 New IRCC Minister As of November 2019, Marco Mendicino, member of parliament for Eglinton-Lawrence since 2015, is the new Minister of Immigration, Refugees and Citizenship Canada (IRCC).   This was announced shortly after the Liberal party won a minority government at the last federal elections, when the Prime Minister reshuffled the members of his cabinet.   Former IRCC Minister Ahmed Hussen is now Minister of Families, Children and Social Development. The official biography of IRCC Minister Mendicino in the Government of Canada website reads as follows:   “Minister Mendicino is a proud resident of Toronto and a passionate advocate for his community. During his first term, he championed local investments in public transit and in affordable housing and supported youth-driven programs aimed at creating more employment opportunities and safe spaces. Before entering politics, Minister Mendicino served as a federal prosecutor for nea

Filipiniana News –   November 2019 by Maria Deanna P. Santos Some people are surprised to learn that even a seemingly 'innocent' act of misrepresentation in the immigration context can lead to a five-year bar from reapplying to enter or remain in Canada.  In Canadian immigration law, misrepresentation is defined as “directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the Act.”   The "Act", for those who may not be aware, refers to the main source of Canada's immigration law and policy, the Immigration and Refugee Protection Act (IRPA). The words, “directly or indirectly,” in the above definition imply that misrepresentation may be committed by the applicant, permanent resident or by other people.   Direct misrepresentation is quite self-explanatory in that it commonly refers to a deliberate act of lying in one's immigration application

Filipiniana News –   October 2019 by Maria Deanna P. Santos Regardless of the outcome of the Federal elections, we will most likely see further changes to Canada’s immigration policies in the months and years ahead.   Among others, we hope that these changes will include further reforms that will facilitate family reunification and remove unjust laws such as section 117(9)d of the Immigration and Refugee Protection Regulations.   For those who do not already know what section 117(9)d of the IRPA Regulations is all about, this law provides that if a person failed to declare an immediate family member or qualified dependent in their own permanent residence application, the undeclared family member can never be sponsored for permanent residence under the family class by the non-declarant. Many prospective sponsors have been shocked to learn of the harsh impact of section 117(9)d, especially if the non-disclosure was inadvertent or was based on erroneous advice.   Since thi

Filipiniana News –   September 2019 by Maria Deanna P. Santos It’s federal election season in Canada once again.   Since immigration policy is within the federal jurisdiction, the outcome of the October 2019 elections will determine whether and what changes we can expect in this area of law and policymaking.   Hence, it is also an opportune time to recommend changes and raise problematic aspects of current immigration law and policy with the political parties and individual candidates who are trying to court our votes. Although we have seen countless changes to Canada’s immigration law and policy over the years, the current system is still far from perfect.   And we can expect even more changes in the months and years ahead, depending on political expediency, societal pressure and/or practical realities.   Below are some of the immigration issues that I would like the parties and candidates to address during the election campaigns and beyond: Family Reunificati

Filipiniana News –   August 2019 by Maria Deanna P. Santos     As reported last month, the IRCC had launched the Home Child Care Provider (HCP) and the Home Support Worker (HSW) pilot programs which replaced the previous Caring for Children and Caring for People with High Medical Needs pathways.   This meant that effective 18 June 2019: 1.   IRCC will not anymore accept permanent residence applications under the Caring for Children and Caring for People with High Medical Needs pathways 2.   Caregivers from inside or outside of Canada must submit their work permit or permanent residence applications under the new HCP and HSW pilot programs 3.   IRCC will not anymore process   initial work permit applications from outside of Canada under the temporary foreign worker programs for LMIA applications that were submitted after 18 June 2019 About a month after the announcement in June 2019, the IRCC revised the instructions which previously required "proof of funds&q

Filipiniana News –   July 2019 by Maria Deanna P. Santos     After a long wait, IRCC finally launched on 18 June 2019, the new caregiver programs which replaced the Caring for Children and Caring for People with High Medical Needs pathways.   The new programs, called the Home Child Care Provider (HCP) and the Home Support Worker (HSW) pilots, were created under Ministerial Instructions and will be in effect for the next five years. Moreover, the Interim Pathway for Caregivers had also been extended for another three months, from 8 July 2019 to 8 October 2019.     Lastly, the IRCC also launched a temporary public policy that will grant a pathway to permanent residency for 500 of out-of-status construction workers (and their qualified dependents) in the Greater Toronto Area.   The applicants will be assessed by the Canadian Labour Congress which will then refer those qualified under this program to IRCC.   Further implementing details have not been released as of this wri

Filipiniana News –   June 2019 by Maria Deanna P. Santos Immigration Minister Ahmed Hussen announced earlier this month some significant changes to Canada’s immigration policy that are meant to protect vulnerable workers and abused spouses, as well as to allow reunification with previously-barred dependents. Open work permits for vulnerable workers The first policy change which took effect on 4 June 2019, provided for the urgent issuance of open work permits (OWP) to abused workers who still have valid status in Canada (i.e. on valid employer-specific work permits or on implied status because they are waiting for the decision on renewal applications).   To qualify for an OWP under the policy, the applicant must provide evidence of “reasonable grounds to believe that they are victims of physical, psychological, sexual or financial abuse from their employers,” according to the press release from Immigration, Refugees and Citizenship Canada (IRCC).   The applicant

Filipiniana News –   May 2019 By Maria Deanna P. Santos With the June 4, 2019 deadline fast approaching, this is just a shout-out to those who may qualify for permanent residence (PR) under the Interim Pathway for Caregivers (IPC) but have not yet submitted their PR and open work permit (OWP) applications. In case anyone missed the news, the IPC was introduced by Immigration Minister Ahmed Hussen on 23 February 2019, when he made the initial announcement regarding the PR program for caregivers that will replace the current caregiver pathways that are set to expire on 29 November 2019.     While IRCC is still ironing out the details of the new PR program for caregivers, the IPC went into full force shortly afterwards.     As previously announced, PR applications under the IPC will only be accepted within a short three-month period:   from 4 March 2019 to 4 June 2019.    According to IRCC, this program “is meant to provide a permanent residence option for those who, in g

Filipiniana News –   April 2019 By Maria Deanna P. Santos It is well known that international students are a significant source of income for Canadian educational institutions in particular and for the Canadian economy in general.    Aside from the fact that the tuition fees paid by these international students are often double or triple the amount paid by permanent residents or Canadian citizens, they are also a source of income for dormitories/landlords, restaurants and other food suppliers, electronic gadget stores, and sellers of practically any product/service that money can buy. It is no surprise therefore, that international students have increasingly become a target of exploitation for unscrupulous individuals and organizations.    Thus, it is very important that prospective and existing international students are well-informed of the various implications of their stay in Canada. Victimizing the Rich and the Poor A recent high-profile kidnapping of an intern