CILF Ottawa Welcomes Shay El Malah!

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Corporate Immigration Law Firm (CILF) is pleased to announce that our Ottawa office is expanding. Shay El Malah has joined our Ottawa office as an associate. Prior to joining CILF, Shay completed her articles in Halifax, NS where she worked with Nova Scotia Legal Aid and the Halifax Refugee Clinic. After completing her legal studies at Dalhousie University, Shay worked as an Immigration Lawyer with a boutique Ottawa immigration law firm. In addition to representing clients on various types of immigration and citizenship applications, she has appeared before both the Refugee Protection Division and the Immigration Appeal Division of the Immigration and Refugee Board.

CILF’s Ottawa office is led by Jacqueline Bonisteel, who has represented both corporate and individual clients in immigration, refugee and citizenship matters since her call to the Ontario bar in 2012. Jacqueline is a frequent media commentator and speaker at conferences, and a regular guest presenter at the University of Ottawa Faculty of Law. The Ottawa office is also supported by our larger team of lawyers based in our Toronto office, including Barbara Jo Caruso, Joel Guberman and Lainie Appleby, who are consistently ranked amount the top immigration lawyers in Canada. CILF has the distinction of being ranked in the top ten immigration boutiques by Canadian Lawyer Magazine.

CILF Welcomes Sarah Fagan

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Corporate Immigration Law Firm is pleased to announce that Sarah Fagan has joined our firm! Sarah brings with her extensive Canadian immigration law experience, advising both individual and corporate clients.
 
Prior to joining CILF, Sarah worked for an international law firm and also a well known immigration boutique firm. She brings a wealth of experience in providing strategic legal advice to both large multi-national corporations, mid and small sized business as well as small start-ups. She is known for her warm personal touch in delivering legal services to many professionals and skilled workers. She has been recognized by Best Lawyers Canada. Sarah is a Past Chair of the Ontario Bar Association Immigration Section. She has also spoken at events for a number of professional organizations including the Ontario and Canadian Bar Associations, the Law Society of Ontario and the Human Resources Professionals Association.
 
Sarah can be reached at fagan@cilf.ca or 416-613-8571.

Zooming through Canada to Alaska, but NO Zoom weddings – this and other Canadian Immigration Updates! (August 6, 2020 at 3:00 PM EDT)

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During this unusual time, CILF is here to continue to support you with respect to all of your immigration needs. We are here to answer your questions and keep you informed. We will provide updates as soon as they are available. Our firm is well positioned to continue to focus on your immigration needs.

We have a few immigration developments to share today:

Travel restrictions extended again 

The restrictions on travel from the U.S. have been extended to August 21. The restrictions on travel from any country other than the U.S. and the mandatory isolation order applicable to everyone entering Canada have been extended to August 31.

New COVID-19 tracking app 

After weeks of delay, the Canadian government launched its COVID-19 exposure tracking app, COVID Alert. It will notify a user if he/she has been in close contact with another user who has tested positive. It is currently only available in Ontario but will be rolled in other provinces shortly.

Open work permit for sponsored spouses in Canada 

This pilot program has been extended and will be made permanent. Spouses sponsored from outside Canada are not eligible for an open work permit.

Canadian passport services 

These have resumed by mail and by appointment for those travelling in less than 30 days.

Foreign nationals travelling to Alaska through Canada 

Stricter rules in effect as of July 31, 2020. Foreign nationals heading to Alaska through Canada for a non-discretionary purpose will be required to notify CBSA at the border between Canada and Alaska that they have left Canada. They will also be required to display a vehicle tag indicating that they are in transit to Alaska and the date by which they must leave Canada.

FaceTime/Zoom weddings are not recognized by IRCC 

Proxy marriages (a marriage in which only one of the two parties is physically present and the other is participating by phone or video chat), while legal in some jurisdictions, are not recognized by IRCC. Many cross-border couples have had difficulty reuniting during Covid-19. As spouses of Canadian citizens and permanent residents are exempt from the travel restrictions, some have opted for a proxy marriage. Unfortunately, these couples risk being denied entry to Canada.

 

We continue to recommend that anyone (including Canadian citizens and permanent residents) seeking to enter or exit Canada speak with an immigration lawyer before doing so. Our lawyers can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; cowling@cilf.ca; bonisteel@cilf.ca; tsoi@cilf.ca; ali@cilf.ca; green@cilf.ca; elmalah@cilf.ca 

Please contact your lawyer at CILF for additional details or specific questions.

Aside from travel restrictions, here is what else is new in immigration: the Federal Court of Canada finds that Canada-USA Safe Third Country Agreement (STCA) violates Section 7 of the Canadian Charter of Rights and Freedoms

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In a move that surprised many, the Federal Court of Canada recently determined that the Canada-USA Safe Third Country Agreement (STCA) violates Section 7 of the Canadian Charter of Rights and Freedoms: Canadian Council for Refugees v Canada (Immigration, Refugees and Citizenship), 2020 FC 770

The STCA is a long-standing pact between the US and Canadian governments. It allows Canadian authorities to send potential asylum-seekers who appear at official Canada-US land border crossings back to the US unless they fit into narrow exceptions, such as having family members in Canada.

The key factor swaying the court was evidence that US authorities detain individuals who are returned to the US by the Canada Border Services Agency after attempting unsuccessfully to cross over to Canada to claim asylum. McDonald J. stated “[t]he penalization of the simple act of making a refugee claim is not in keeping with the spirit or the intention of the STCA or the foundational Conventions upon which it was built.”

The Court suspended its declaration of the STCA’s invalidity for 6 months to allow Parliament time to respond. The Court also certified two questions, which gives the Federal Government the option of appealing the decision to the Federal Court of Appeal.

The result is that the STCA remains in effect for now and at least until January 22nd, 2021. However, the decision is a significant victory for refugee advocates who have long argued that US policies towards refugees—particularly in the Trump era—invalidate the basis for the STCA, which is that both Canada and the US are safe countries to claim asylum, and that potential asylum seekers must therefore claim in the country of first arrival, rather than choosing between the two.

The STCA only applies at official Canada-US land border crossings—it does not affect claimants who cross irregularly into Canada at non-official points of entry. As such, an often-criticized impact of the STCA is that it incentivizes asylum seekers to cross irregularly into Canada. If the Agreement is no longer in place, it is anticipated that irregular crossings will significantly decrease, but Canada is likely to see a simultaneous increase in claimants appearing at official ports, particularly if the policies of the Trump Administration remain in place.

Immigration Update: Waiver of Biometrics for In-Canada Temporary Residence Applications; Updates on International Students and Out-of-Status Foreign Nationals in Canada (July 16, 2020 at 12:00 p.m. EDT)

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During this unusual time, CILF is here to continue to support you with respect to all of your immigration needs. We are here to answer your questions and keep you informed. We will provide updates as soon as they are available. Our firm is well positioned to continue to focus on your immigration needs.

Waiver of Biometrics for In-Canada Temporary Residence Applications

All biometrics collection services in Canada are still suspended. IRCC has announced that applicants in Canada who are applying for temporary residence are exempt from providing biometrics. This applies to all new applications as well as those in process. This is great news for many individuals who have been waiting months for the biometrics collection services to resume. We expect to see many pending applications for extensions finalized in the coming weeks in light of this announcement.

Applicants in Canada applying for permanent residence are still required to provide biometrics when the services resume. Applicants outside Canada cannot benefit from this exemption.

Updates on International Students

IRCC has also announced new measures for international students for the Fall 2020 semester (September to December) as many learning institutions will be delivering their programs online. It will prioritize study permit applications, allow certain students to count time spent studying online towards their eligibility for a post-graduation work permit, and defer document requirements for applicants who are unable to submit a complete application. If you have any questions about study permit processing and the travel restrictions applicable to international students, please reach out to our office.

Out-of-Status Foreign Nationals in Canada

Additionally, IRCC has announced a temporary public policy allowing certain out-of-status foreign nationals in Canada until December 31, 2020 (instead of the usual 90 days) to apply for restoration of status. It also allows certain former work permit holders with job offers to work while the restoration application is in process. Normally individuals cannot work while waiting their status to be restored. This policy will remain in effect until December 31, 2020.

Travel Restrictions

We continue to recommend that anyone (including Canadian citizens and permanent residents) seeking to enter or exit Canada speak with an immigration lawyer before doing so. Our lawyers can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; cowling@cilf.ca; bonisteel@cilf.ca; tsoi@cilf.ca; ali@cilf.ca; green@cilf.ca

Please contact your lawyer at CILF for additional details or specific questions.

BJ Caruso Featured in Canadian Lawyer Magazine

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The July 14, 2020 issue of Canadian Lawyer features Corporate Immigration Law Firm Founder, BJ Caruso, discussing nearshoring and the way some companies are misusing the Temporary Foreign Worker Program. As part of her work with the CBA Immigration Law Section Ms. Caruso has called on the Federal Government to clarify their position on this practice.

You can read the article here.  Feel free to contact us at info@cilf.ca with any questions on this topic or your other Canadian or US immigration matters.

Immigration Update: Canadian Border Closure Extended (June 30, 2020 at 4:00 p.m. EDT)

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During this unusual time, CILF, is here to continue to support you with respect to all of your immigration needs. We are here to answer your questions and keep you informed. We will provide updates as soon as they are available. Our firm is well positioned to continue to focus on your immigration needs.
 
The travel restrictions relating to non-discretionary and non-optional travel into Canada have been extended once again (until July 21 for travellers from the U.S. and July 31 for travellers from a country other than the U.S.). The Order requiring travellers to quarantine for 14 days on arrival has been extended to the end of August.
 
While the EU will start allowing Canadians to visit starting July 1 and has urged countries on its approved list to reciprocate, Canada does not appear ready to relax travel restrictions for travellers from the EU at this time.
 
Accordingly, we continue to recommend that anyone (including Canadian citizens and permanent residents) seeking to enter or exit Canada speak with an immigration lawyer before doing so. Our lawyers can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; cowling@cilf.ca; 
 
Lastly, we would like to wish everyone a happy and safe Canada Day!
 
As it appears that many Canadians will be celebrating Canada Day from home this year, we would like to share the following links with you:
 
  1. Canada’s first cross-country virtual citizenship ceremony
  1. Live stream of Canada Day fireworks
 
Please contact your lawyer at CILF for additional details or specific questions.

Who’s Who Legal: Corporate Immigration 2020

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Corporate Immigration Law Firm is thrilled to congratulate three of our lawyers, Barbara Jo Caruso, Joel Guberman and Lainie Appleby on their being selected as three of the world’s leading practitioners in corporate immigration law.

Who’s Who Legal: Corporate Immigration features and recognizes the leading corporate immigration experts around the world for their work in visa applications, corporate immigration strategy, intra company transfers, permanent residence for skilled workers and related regulatory matters.

Barbara Jo Caruso is noted as a Global Elite Thought Leader for North America, the only Canadian lawyer on the list! According to the publication, she “earns widespread commendation from across North America” and is the “top name in Canada” who is “very knowledgeable and wise”. 
 
Joel S Guberman, it states is “a stellar practitioner who stands out for his experience handling business-related immigration matters”.
 
We are always very proud of our colleagues and leaders at the firm. All of the lawyers at Corporate Immigration Law Firm – Caruso Guberman Appleby are always ready to assist you in Toronto or Ottawa with your Canadian and US immigration needs. We have deep knowledge of temporary and permanent immigration, inadmissibility issues, sponsorship and in these times of the pandemic what is necessary to cross the border with travel restrictions in place. We look forward to assisting you.
 
Please contact info@cilf.ca for additional details or specific questions.

Immigration Update: Facilitated Entry for Immediate Family Members of Canadians (June 8, 2020 at 4:00 p.m. EDT)

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During this unusual time, CILF – Caruso Guberman Appleby, is here to continue to support you with respect to all of your immigration needs. We are here to answer your questions and keep you informed. We will provide updates as soon as they are available. Our firm is well positioned to continue to focus on your immigration needs.
 
We have previously reported that spouses and other immediate family members of Canadian citizens and permanent residents have had difficulty entering Canada.
 
We now have some good news to share with respect to these individuals. Starting tonight at 11:59 p.m. EDT, foreign nationals who are immediate family members of Canadian citizens and permanent residents may travel to Canada if they are entering Canada to be with an immediate family member for at least 15 days. They must arrive with a suitable 14 day self-isolation plan and ensure to observe any provincial requirements or restrictions.
 
Immediate family member is defined as a person’s:
  • spouse or common-law partner;
  • dependent child, as defined in section 2 of the Immigration and Refugee Protection Regulations, or a dependent child of the person’s spouse or common-law partner;
  • dependent child, as defined in section 2 of the Immigration and Refugee Protection Regulations, of a dependent child referred to in paragraph (b):
  • parent or step-parent or the parent or step-parent of the person’s spouse or common-law partner;
  • legal guardian or tutor.
This exemption from the travel restriction would not apply to those coming for short visits, nor does it change the rules in place applicable to immediate family members of foreign nationals that are studying or working in Canada.
 
The Canada-U.S. border closure remains in effect until June 21 and all non-optional and non-discretionary travel (by land and air) will be continue to be restricted. Travel remains highly challenging as airline personnel and border officers are applying varying definitions of eligible travel and travellers. The key to securing entry is to be prepared, so we recommend that individuals needing to enter Canada for any reason reach out to our office before travel.
 
We also continue to recommend that anyone (including Canadian citizens and permanent residents) seeking to enter or exit Canada speak with an immigration lawyer before doing so.Our lawyers can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; cowling@cilf.ca; bonisteel@cilf.ca; tsoi@cilf.ca; ali@cilf.ca; green@cilf.ca
 

Please contact your lawyer at CILF – Caruso Guberman Appleby for additional details or specific questions.

Immigration Update: Various Updates (May 22, 2020 at 1:00 p.m. EDT)

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During this unusual time, CILF – Caruso Guberman Appleby, is here to continue to support you with respect to all of your immigration needs. We are here to answer your questions and keep you informed. We will provide updates as soon as they are available. Our firm is well positioned to continue to focus on your immigration needs.
 
Happy Friday everyone. Here are a few important immigration updates from this week:
  1. The Canada-U.S. border closure has been extended for a second time. It will remain closed for another 30 days until June 21. All non-optional and non-discretionary travel (by land and air) will be continue to be restricted. Travel remains highly challenging as airline personnel and border officers are applying varying definitions of eligible travel and travellers. Spouses of Canadian citizens and work permit holders residing in Canada are exempt from the travel restriction but some have nonetheless been denied entry. The key to securing entry is to be prepared, so we recommend that individuals needing to enter Canada for any reason reach out to our office before travel.
  2. The current Post-Graduation Work Permit eligibility criteria have been temporarily relaxed given that many study programs are being conducted online. Normally, courses that are not completed in person (distance learning) affect the length of the PGWP, and eligible programs cannot contain more than 50% distance learning courses. The government has announced that studies completed outside Canada up to December 31, 2020 will not affect the length of the PGWP, and that PGWP eligibility will not be affected if a student’s Fall 2020 courses (September to December 2020) are held online.
  3. The Agri-Food Pilot has started accepting applications. This three-year pilot program is designed to help individuals in the meat processing, mushroom and greenhouse production, and livestock-raising industries obtain permanent residence. The program will accept 2,750 applications per year.
  4. New Brunswick will begin allowing temporary foreign workers into the province starting May 29. The province’s decision to stop allowing temporary foreign workers into New Brunswick starting April 28 was strongly criticized by many employers, especially those in the farming and seafood processing sectors, as these employers rely heavily on foreign workers.
 
We also continue to recommend that anyone (including Canadian citizens and permanent residents) seeking to enter or exit Canada speak with an immigration lawyer before doing so.Our lawyers can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; cowling@cilf.ca; bonisteel@cilf.ca; tsoi@cilf.ca; ali@cilf.ca; green@cilf.ca
 

Please contact your lawyer at CILF – Caruso Guberman Appleby for additional details or specific questions.