O Canada! Seyfarth’s News and Practice Pointers on Canadian Immigration

I. Government Updates

Working-Age Dependent Children of Skilled Workers in Ontario and Alberta May Apply for Open Work Permits:

The provinces of Ontario and Alberta have agreed to issue open work permits to accompanying dependents of Temporary Foreign Workers (“TFW”) if the TFW holds a work permit valid for six months or longer.

Dependent Children of TFWs must meet the following criteria to be eligible for the pilot programs:'

Ontario

Must be eligible to work in the province of Ontario and must meet provincial minimum age requirements, which begin at age 14 depending on the type of workplace.
Must be a dependent child of a TFW destined to Ontario who has a valid, job-specific work permit with a minimum duration of 6 months in an occupation found within skill levels O, A or B of the National Occupation Classification system.

Alberta

Must be aged 18-22 and eligible to work in the province of Alberta.
Must be a dependent child of a TFW destined to Alberta who has a valid, job-specific work permit with a minimum duration of 6 months in an occupation found within skill levels O, A or B of the National Occupation Classification system.
The duration of the work permit will coincide with the expiration of the TFW parent’s work permit.

Compliance with Bill C-35

Bill C-35, An Act to amend the Immigration and Refugee Protection Act, came into force on June 30, 2011. The bill makes a number of changes in the manner of regulating the intervention of third parties (known as immigration consultants) in immigration processes.

Under these new rules, an unauthorized person who provides representation or advice for consideration at any stage of the immigration process (such as drafting, filing, and/or counseling) is committing an offence punishable by a fine of up to $100,000 and imprisonment for a term of up to two years. Only the following persons are exempt from the prohibition against representing, advising or consulting with a person for consideration:

members of a provincial law society or of the Chambre des notaires du Québec;
other members in good standing of a provincial law society or of the Chambre des notaires du Québec, including paralegals; and
members in good standing of a body designated by the minister (new section 91(2) of the IRPA).

Quebec introduced similar changes through the Regulation respecting immigration consultants, R.R.Q., c. I-0.2, r. 0.1. in November 2010. Under these new rules, any immigration consultant must be officially recognized by Quebec in order to advise, assist or represent, for remuneration, a person who is filing an immigration application in Quebec. Quebec licensed attorneys are exempt from the recognition requirements.

Seyfarth Shaw LLP is in full compliance with Bill C35 and the Quebec Regulation respecting immigration consultants:

All communications to clients are reviewed by a Canadian licensed attorney before being sent;
All communications to clients involving legal analysis and/or recommendations are prepared by a Canadian licensed attorney;
All Canadian and/or Quebec immigration applications are reviewed by a Canadian attorney licensed in Quebec before they are sent to clients for review and signature and before they are filed with the Canadian and/or Québec immigration authorities;
All packages sent to the Canadian and/or Quebec authorities are sealed by a Canadian attorney licensed in Quebec;
All communications with Canadian and/or Quebec immigration officials are handled by a Canadian attorney licensed in Quebec;
All legal advice and opinions are prepared by a Canadian licensed attorney before being sent to the client.

II. Practice Pointers

Spouses of Temporary Foreign Workers - Applying for an Open Work Permit

Spouses of Temporary Foreign Workers are eligible to apply for open work permits. Spouses may apply for the work permit at the same time as the principal applicant or subsequently at a Consulate, port of entry, or inland. Supporting documentation must include the spouse’s passport, marriage certificate, and copy of the principal applicant’s work permit (if previously issued). The applicant will also be required to complete Form IMM 5409, which attests to the common law partnership and must be signed in front of a Notary.

Canada also extends this benefit to same-sex partners and common law partners of Temporary Foreign Workers. Common law partners must provide evidence of the common law relationship, as well as evidence of co-habitation with the principal applicant for at least 12 months. Evidence may include leases or mortgage statements, insurance policies listing the other partner as a beneficiary, joint bank statements, joint utility bills, etc.

III. Seyfarth Shaw LLP Welcomes Pavan Dhillon to the Firm

Seyfarth Shaw LLP is pleased to announce that Attorney Pavan Dhillon has joined the firm. A graduate from McGill University in Montreal, Canada, Pavan is licensed to practice law in British Columbia and joins us from Larlee Rosenberg, Vancouver’s largest boutique immigration law firm. While at Larlee Rosenberg, Pavan’s practice focused on assisting clients with a wide range of applications, including Labour Market Opinions, Work Permits, Provincial Nomination Programs, Investor Class, Federal Skilled Workers, Spousal Sponsorships, Adoptions, and applications based on humanitarian and compassionate grounds.

For more information please visit us at www.seyfarth.com/Immigration