Syrian refugee crisis – call for volunteers
As the Syrian refugee situation grows to crisis proportions, immigration and refugee law practitioners, along with other members of the CBA and many Canadians, are taking steps to help.
On Sept. 11, the CBA sent a letter to Prime Minister Stephen Harper and Citizenship and Immigration Minister Chris Alexander urging them to expedite the refugee process and offering pro bono assistance to individuals and sponsorship groups to help with documentation.
On Sept. 19, the federal government announced steps to help the Syrian refugees, including fast tracking 10,000 by Sept. 2016; a reduction in the documentation required for the sponsorship process; and the creation of a Syria Emergency Relief Fund whereby the Canadian government matches donations by individuals to registered Canadian charities up to $100 million.
On Sept. 23, a joint effort including CBA lawyers working in cooperation with the University of Ottawa’s Refugee Hub, was announced to provide assistance, free of charge, to help Canadians and permanent residents in Canada who wish to sponsor Syrian refugees.
Here’s how you can help.
If you wish to offer your services as an immigration lawyer, please contact the CBA Immigration Law Section, so we can add your name the list.
For information on sponsorship, please visit the sponsorship page on the University of Ottawa’s Refugee Hub’s website.
If you’re looking for a lawyer offering pro bono assistance, please check the list on the University of Ottawa’s Refugee Hub’s website.
As individuals, we can also choose to make a financial contribution. The federal government will match individual donations to registered Canadian charities aiding refugees in Syria. For your convenience, here is a list of registered charities accepting donations:
Here is more information on the federal government’s Syrian Emergency Relief Fund.
Refugee Protection Division Member Recruitment Campaign
The Refugee Protection Division (RPD), an independent tribunal at arm’s length from government, has recently launched a nationally advertised application process to fill independent Public Servant decision-maker positions (PM-06) at its Montréal, Toronto, Calgary and Vancouver offices.
As independent decision-makers, RPD members conduct proceedings in a fair and expeditious manner and render timely decisions on claims for refugee protection made in Canada. RPD decision-makers must be highly specialized and trained to conduct impartial and expeditious proceedings. RPD Member decisions affect the life, liberty and security of claimants and have implications for the security of Canadians and the integrity of Canada's refugee program.
Interested candidates are invited to submit their applications by September 20, 2015. For more information, and to apply for this position please visit the advertised process.
National Magazine Blog
Field notes: Immigration law's LMIA nightmare
by: Kim Covert
Filed under “If you thought you were having a bad day.”
If you’re an immigration lawyer, then LMIA is a four-letter word.
LMIA stands for Labour Market Impact Assessment and it’s a key part of the Express Entry System which came into effect in January. Under the system, employers offer permanent jobs to foreign workers who can then immigrate to Canada as skilled workers.
At a session on the LMIA at the recent CBA Immigration Law Conference, civil servants who administer the program acknowledged lawyers’ difficulties by saying, “At the end of the session we’ll have time for questions, and hopefully we’ll have answers – if not, we’ll have sympathy for your level of frustration.”
Employment and Social Development Canada and Citizenship and Immigration Canada are very serious about checking to ensure employers have looked for Canadian candidates, said Calgary immigration lawyer Keven Zemp, who chaired the session.
He notes one irritating bureaucratic pitfall comes with advertising – the online job bank automatically cancels ads after 30 days, and there is no automatic renewal, meaning there’s often a lag time between the cancellation and reposting. “You can be in breach if you don’t have continuous job bank postings,” he said. “There’s no way to avoid that problem.”
Panellist Chantal Arsenault, a Norton Rose associate, said lawyers dealing with employers have to “prepare everything over the top;” they must “not only meet expectations but surpass them to be successful.”
She pointed out a Charter issue with the LMIA – while it’s illegal to ask whether a prospective employee is a Canadian citizen, employers have to report how many applications they get from Canadian citizens in order to prove that they’ve made an attempt to fill a job within the country. “They have to ask a question that they are not allowed to ask,” Arsenault said.
Zemp suggests the process has led to increased antacid consumption among practitioners in his field.
“You need to sever yourself from your common sense at times,” he said. He talked about going through the LMIA process with one employer who had to add more and more information to the required documentation to answer questions asked by the inspector overseeing the application; by the time it was done it was dozens of pages long. A few months later when the same employer was hiring for the same position, Zemp, thinking he had the requirements sussed, gave the same package of information to a different inspector, who sent it back, telling him it was ridiculously long and unnecessarily detailed.
“Let your client know that it’s possible [to bring in a foreign worker] but that it will be aggravating,” Zemp says.
It is possible, yes. But time-consuming, and making it through the gauntlet is harrowing enough to be worthy of a celebration, Arsenault said to wry laughter from the audience.
“Whenever we get an LMIA (approved) we should just shout ‘We are the champions!’ and have a parade.”
CBA Young Lawyers International Program 2015-17
If you are aware of young lawyers who may be interested in applying for an international internship, please forward them the following link: http://www.cba.org/CBA/IDP/yiip/.
The Temporary Foreign Worker Program (TFWP)
Review the Section's fact sheet Employing Foreign Workers in Canada: A need for transparency and predictability
CIC’s Express Entry Program is coming January 1, 2015.
See the Section's submissions Express Entry and Express Entry Ministerial Instructions - Section 5(1)(b) and review its crucial facts for Canadian employers and prospective immigrants.
More CBA Submissions
CBA Immigration Law Section Videos
The CBA Immigration Law Section developed a series of short videos to illustrate the complexity and potential risks that applicants may encounter when they engage the Canadian immigration system. These videos highlight the benefits of obtaining legal advice in advance of making an application and throughout the immigration process, and provide information about where and how to find qualified legal counsel.
To view the videos click here.
Preamble and Moderator
The primary objective of the CBA Immigration Law listserv is to facilitate the sharing of information and ideas to assist members in their practices. It is recognized that the practice of citizenship and immigration law can at times be political by nature. However, in order to encourage full participation by all members, participants share a responsibility to be respectful of the broad diversity of opinions, personal backgrounds and practice areas of our members. Where possible, postings should be concise and repetition avoided. Participants are expected to balance the relevance and importance of any posting with its potential impact on other members. The integrity and effectiveness of the listserv is dependent on the professionalism and collegiality of all members.
The moderator for the CBA Immigration Law Section listserv is Suzanne Rix (Executive Member), the Section’s Membership Communications Coordinator. You can find contact information for Suzanne Rix on the Contacts page.
The moderator does not censor or pre-vet individual postings, but rather is a mediator for disputes, an advisor for members who have questions about the appropriate use of the listserv, and a conduit for complaints which require further action by the CBA Chief Executive Officer or Executive Officers. The moderator has no formal role in the complaint or appeal process but is available as a resource person for members and for the CBA.
Join the listserv