Archive for category: Uncategorized

The Entry/Exit Program is a significant development that has been many years in the making. Part of the Beyond the Border Action Plan, it is a joint Canada-U.S. initiative that establishes a coordinated entry/exit information system to facilitate the exchange of traveller biographic information (such as name and date of birth). Collected upon entry at the common land border, a record of entry into one country is now considered a record of exit from the other. In addition to the exchange of this data with the U.S. at land borders, the Canada Border Services Agency (“CBSA”) will collect exit data on all travellers leaving by air. Air carriers will begin sharing their data in 2020 and 2021. Consequently, overstay indicators will not begin appearing within the entry/exit search results for temporary residents who have overstayed their allowable time in Canada until the air carrier information is shared.

Immigration, Refugees and Citizenship Canada (“IRCC”) will be able to obtain accurate and objective entry and exit information directly from CBSA to support the administration of the Immigration and Refugee Protection Act (“IRPA”), the Citizenship Act and the Canadian Passport Order.

Some intended uses for this information by IRCC will include:

• Verifying residency requirements to objectively confirm the information provided by the applicant, such as applications for grants of citizenship or permanent resident cards;
• Verifying if a temporary resident applicant may have previously overstayed their allowable period of admission in Canada;
• Assisting in an investigation into an individual’s entitlement to a Canadian travel document;
• Verifying that sponsors are residing in Canada;
• Verifying residence of spouses and partners under the Spouse or Common-law Partner in Canada Class;
• Verifying whether a refugee claimant entered Canada using their travel documents; and
• Supporting investigations into possible fraud in relation to immigration, citizenship and passport and travel programs.

There is absolutely no doubt that this information will lead to more enforcement activity by IRCC and CBSA, with respect to immigration applications and immigration status of individuals in Canada. Given the significant implications for Canadian citizens, permanent residents and temporary residents, the public needs to be aware of such implications before filing immigration or citizenship applications to ensure they are diligent in providing accurate information on their application. Discrepancies, even if a genuine oversight, could be considered a misrepresentation under either IRPA or the Citizenship Act and result in significant consequences to the applicant. If an applicant is found to have misrepresented, not only will their application be refused but they could be subject to a five-year ban from making a subsequent application under IRPA or enforcement proceedings under IRPA or the Citizenship Act.

Travellers have the right to request a copy of their personal travel history through the Privacy Act and if there are discrepancies, they may bring corrections to the attention of CBSA. IRCC officers are notified of requested corrections and can re-query the CBSA’s database to obtain the most up-to-date information.

At this time, the entry/exit information will be used exclusively for all lines of business under immigration, citizenship and investigations. However, it is not hard to imagine that in the future this information could be used by other government departments including Canada Revenue Agency to verify residence, or by provincial governments to verify continued eligibility for public health insurance.

Gone are the days of an honour system and best efforts to recollect travel dates. The public needs to be forewarned and prepared when making any application to the Canadian government with respect to immigration or citizenship matters. Since the consequences are dire, routine applications to renew permanent resident cards or applying for Canadian citizenship must be taken seriously. Proper and accurate travel records must be kept including documentation to substantiate travel outside Canada, in the form of boarding passes, passport stamps and travel itineraries. This task has become more challenging due to paperless initiatives, including individuals using their mobile devices to receive boarding passes and CBSA moving away from the policy of stamping passports on entry and instead only scanning passports. The travelling public is therefore left in the dark without documentation to substantiate their best recollection.

Don’t be caught unaware, contact one of the lawyers at Corporate Immigration Law Firm for assistance with Canadian immigration and citizenship matters.

Who’s Who Legal: Thought Leaders

Congratulations to Barbara Jo Caruso and Joel S. Guberman of Corporate Immigration Law Firm – Caruso Guberman Appleby who have been selected by Who’s Who Legal as THOUGHT LEADERS CORPORATE IMMIGRATION 2019. This honour is very exciting  as the publication brings together “…for the first time the insight, expertise and wisdom of some of the world’s foremost corporate immigration lawyers in a single book”. Included in the book are those that the market identifies “…as being amongst the very best in the world in their field, without exception”.

The inaugural edition of Who’s Who Legal: Thought Leader – Corporate Immigration 2019 features only 10 Canadians – and we are thrilled that Barbara Jo and Joel are included amongst this prestigious group, in addition to being the only firm with 2 lawyers noted.

Corporate Immigration Law Firm – Caruso Guberman Appleby is a Top Ten Immigration Boutique Law Firm as recognized by Canadian Lawyer magazine, with many of our lawyers recognized in Who’s Who Legal: Corporate Immigration year after year. We can be reached at 416-368-1111 or info@cilf.ca for all your immigration law needs.

Attention Oscar Nominees, Past Winners & All Others in the Arts and Entertainment Fields!

• Film producers employed by foreign companies for commercial shoots; and essential personnel (e.g., actors, directors, technicians) entering Canada for short durations (typically no longer than two weeks) for a foreign -financed commercial (i.e., advertising) shoot (for television, magazines or other media).
• Performing artists appearing alone or in a group in an artistic performance – other than a performance that is primarily for a film production or a television or radio broadcast – or as a member of the staff of such a performing artist or group who is integral to the artistic performance, if (i) they are part of a foreign production or group, or are a guest artist in a Canadian production or group, performing a time-limited engagement, and (ii) they are not in an employment relationship with the organization or business in Canada that is contracting for their services.
• Judges, referees or similar officials participating in an international cultural or artistic event.

• Significant Benefit for TV and film productions – targets foreign nationals in the television and film industry whose position or occupation is essential to a TV or film production.
• Significant Benefit – General Guidelines – applies to any foreign national whose employment in Canada would create significant social, cultural or economic benefit.
• Reciprocal Employment – Performing Arts – targets key creative personnel and talent associated with Canadian, non-profit performing arts companies and organizations in the orchestral music, opera, live theatre and dance disciplines.
• Reciprocal Employment – General Guidelines – permits foreign nationals to obtain a work permit if similar reciprocal opportunities abroad exist for Canadians and if the foreign national’s employment would result in a neutral labour market impact. For example, a Canadian performing arts organization that has a cultural exchange program with a foreign performing arts organization may be able to use this exemption code if it can show that Canadian members are currently participating in the exchange program abroad.

Corporate Immigration Law Firm is seeking an Law Support Clerk with 1 to 3 years of experience. This position is full time but flexible work hours may be accommodated.

Administrative duties will include but are not limited to:

• Maintaining the reception desk and reception area
• Greeting clients and taking coats, offering beverages
• Answering main phone line, transferring calls, taking messages
• Monitoring incoming facsimiles and the general in box, and forwarding same
• Signing for incoming courier packages
• Requesting courier pick-up
• Scanning and copying application materials
• Closing files on a weekly basis
• Filing
• Responsibility for maintaining kitchen
• Ordering office and kitchen supplies
• Saving client documents to the electronic files

Billing duties will include but are not limited to:

• Enter client disbursements into PCLaw
• Send invoices to clients by email and post
• Process credit card payments from clients
• Send first reminder of accounts receivable using template

Position Qualifications:

• Prior office experience, ideally in a legal setting
• Related educational credential an asset
• Exceptional attention to detail
• Knowledge of Microsoft Office
• Top notch organization skills
• Ability to multi-task and juggle instructions
• Friendly and outgoing

Please send your resume and cover letter directly to Tom Hadley-Keefe (hadley@cilf.ca).