International Experience Canada and other Youth Exchange Programs

Posted by Donna Habsha|Canada Immigration
Oct 10
31


Effective November 1, 2010 foreign youths who come to Canada through international exchanges, including the International Experience Canada (IEC) (formerly International Youth Programs (IYP)), are advised to apply to make changes to conditions on their work permit (WP) through the Case Processing Centre in Vegreville (CPC-V). There has been a growing trend of IEC participants, other than those from the United States, arriving at POEs to make changes to their WP’s (e.g., change of employer) as they perceive this to be a quicker alternative than applying for the change through the CPC-V.

Applications for changes to existing WP conditions will not be processed at POEs. This is based on the grounds that under the Regulations, an application for a WP may not be applied for upon entry into Canada if the foreign national is a participant of a youth exchange program, unless they are citizens or permanent residents of the U.S., or their WP was approved before their entry into Canada. Since the processing of changes of conditions at a POE is not considered a WP approval before entry into Canada, exchange participants must apply through the CPC-V to make these changes. For assistance on how to apply to CPC-V contact www.canadausvisas.com


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H-1B Visas Still Available

Posted by Marwah Serag|US Immigration
Oct 10
21


As of October 15, 2010, U.S. Citizenship and Immigration Services announced that it has receipted approximately 42,800 cap-subject H-1B petitions and an estimated 15,700 advanced-degree H-1B petitions.


Posted by Marwah Serag » No Comments »

New I-192 Criminal Waiver Processing for Michigan

Posted by Marwah Serag|US Immigration
Oct 10
21


U.S. Customs and Border Protection announced that effective November 1, I-192 Waiver applications may be submitted in person at the nearest land port of entry.  I-192 applications will be accepted at the Detroit-Windsor Tunnel in Detroit, the Blue Water Bride in Port Huron, and the International Bridge in Sault Ste. Marie, Monday through Friday, from 8:00 a.m. to 4:00 p.m.  This will assist in streamlining the waiver application process, as it used to be that I-192 applications could only be submitted at Sault Ste. Marie for all ports of entry.


Posted by Marwah Serag » 1 Comment »

Changes to assessing the genuineness of spousal, common-law or conjugal relationships

Posted by Donna Habsha|Canada Immigration
Oct 10
4


A significant amendment to section 4 of the Immigration and Refugee Protection Regulations was brought into force on September 30, 2010.

The former regulation 4 provision required two mandatory elements for determining “bad faith” relationships:

(a) relationship is not genuine; and

(b) it was entered into primarily for the purpose of acquiring any status or privilege under the Immigration and Refugee Protection Act.

Both elements had to be met when refusing a sponsorship application under the spousal, common-law or conjugal relationship category and when supporting that decision on appeal.

The amended regulation 4 provision now provides for each of the two “bad faith” tests to stand on its own. The amended regulation reads as follows:

4. (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership

(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or

(b) is not genuine.

The requirement that only one of the two criteria will need to be present to determine that a relationship is not bona fide lowers the threshold required to be met in order to refuse an application under this category. Moreover, since a hearing before the Immigration Appeal Division (IAD) is considered to be a fresh hearing of the case, the IAD will base its decisions on the law that is presently in force as opposed to the law that was in force at the time of the original decision made by the officer.


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