AKCanada

On June 27, 2008, the Federal Court of Appeal ruled that the Safe Third Country Agreement between Canada and the USA is a legal agreement which consequently remains in effect.  This means that anyone first arriving in the USA who wishes to claim asylum must do so in the USA and will not be allowed to make a refugee claim in Canada.  The policy behind the agreement is to prevent forum shopping, that is, to prevent persons who intend to make a refugee claim from waiting until they arrive in the most desirable country to commence the refugee claim.  A person in need of protection is expected to request protection at the earliest opportunity once in any country that can provide safety from the agents of persecution that the refugee claimant is fleeing.

Immigrating to Canada? Visit www.akcanada.com for more information or a free assessment.

From time to time, our married Canadian Immigration clients become expecting parents prior to the issuance of their Canadian immigration visas. A pregnancy during an application for permanent residence, or prior to filing an application to sponsor a wife can create delays in processing. When the medical examination is conducted, a chest x-ray is required. Since x-rays cannot be performed safely on pregnant women, completion of medical examinations must occur after the child is born, and usually require the addition of the child to the application for permanent residence unless one parent is already a Canadian citizen or unless the child is born in Canada. Since processing times are long enough already, couples should be aware of further delays in the event they are expecting a baby within the time frame in which medical examinations will be conducted.

Immigrating to Canada? Visit www.akcanada.com for more information or a free assessment.

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Prior to the last major change in legislation that took place in June of 2002, Canadian immigration applicants in the skilled worker category had an Education and Training Factor (ETF) and Occupational Demand with specific points for each of those two areas assigned to every profession. In that way, it was clear that immigrants to Canada with certain professions had an easier time in meeting the pass mark. With the proposed legislation, the Minister is really turning back the clock as she will be announcing a list of professions that will receive priority, resulting in the others having to wait longer in the line before they are processed. Since these changes only affect applications recently received, it will be some time before the current changes make a dent in the current Canadian Immigration applicant backlog, if at all.

Immigrating to Canada? Visit www.akcanada.com for more information or a free assessment.

On Monday, June 16, 2008, the proposed immigration changes received the third and final reading in the House of Commons. Despite objections to the contents of the proposed legislation, the opposition did not vote against the Conservative government’s bill in order to avoid triggering an unwanted election. Consequently, the proposed changes appear destined to become law in the foreseeable future. The Minister will then be able to dictate which professions in the skilled worker category in the Canadian Immigration process can receive faster processing regardless of when the applications were received. Once the Minister has announced which professions will be processed faster, we will have a clearer picture of the impact the new legislation will have on processing applications for Canadian Immigration as a whole.

Immigrating to Canada? Visit www.akcanada.com for more information or a free assessment.