What are the key aspects and latest changes in Canadian immigration law that potential immigrants should be aware of?

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Title: Key Aspects and Latest Changes in Canadian Immigration Law: A Comprehensive Overview

Understanding the multifaceted aspects of immigration law can be a challenging endeavor for potential immigrants. At LexLords Canada Immigration Lawyers, our team of seasoned professionals aims to simplify these complexities, providing key insights drawn from years of experience. We will delve into the crucial aspects and most recent changes in Canadian immigration law that every potential immigrant should be aware of.

Key Aspects of Canadian Immigration Law

There are several crucial considerations under Canadian immigration law; however, three key aspects stand out:

1. Permanent Residency: Canada offers permanent residency status through various routes like Express Entry, Provincial Nominee Programs, Family Class Sponsorship, etc. Permanent residents can work, study, and live anywhere in Canada, benefiting from most social benefits that Canadian citizens receive.

2. Temporary Residency: This encompasses Visitor Visas, Study Permits, and Work Permits, allowing individuals to stay in Canada for a specific period. Each category has specific requirements that applicants must fulfill.

3. Refugee Status: Granted in compliance with international obligations to protect individuals facing persecution, threat or harm in their home countries. Canada offers protection to several refugees each year who either make an asylum claim from inside Canada or are selected overseas for resettlement in Canada.

Latest Changes in Canadian Immigration Law

1. Modification to Express Entry System (2021): In February 2021, Canada invited the highest number of candidates ever (27,332) from the Express Entry pool eligible under the Canadian Experience Class (CEC). Given the COVID-19 pandemic’s impact, this signifies a shift towards favoring candidates already living and working in Canada due to travel restrictions.

2. Canada’s Increased Admissions Targets (2021-2023): The government has set ambitious targets for new admissions over the next couple of years. The number is set to rise from 401,000 in 2021 to 421,000 in 2023.

3. Post-Graduation Work Permit (PGWP) revisions: Due to the pandemic’s disruption on studies, Immigration, Refugees and Citizenship Canada (IRCC) announced that postgraduate students who hold or held a PGWP could apply for an open work permit valid for 18 months.

Relevant Case Laws and Judgments

1. Kanthasamy v. Canada (2015): This landmark case signaled an essential shift in how humanitarian and compassionate grounds are considered in immigration cases. The judgment emphasized the need for immigration officers to consider the best interests of any child involved and to assess all unique circumstances case-by-case.

2. Vavilov v. Canada (2019): This noteworthy ruling refined the standard of review applicable in judicial reviews of administrative decisions. It has profound implications for immigration appeals and judicial reviews — potentially leaving room for more robust court oversight of immigration decisions.

3. Chhina v. Canada (2019): The Supreme Court ruled that immigration detainees should have access to habeas corpus – a legal tool to challenge unlawful detention. It was a significant affirmation of the rights of non-citizens under Canadian law.

As Canadian immigration law continues to evolve, it is crucial to stay informed about the most up-to-date regulations. By understanding these dynamic changes and key aspects, potential immigrants can make informed decisions about their future in Canada. LexLords Canada Immigration Lawyers is committed to providing the most accurate and timely information to help guide you through your immigration journey.

References:

– Immigration and Refugee Protection Act (Canada)

– Immigration, Refugees and Citizenship Canada

– Express Entry Year-End Report 2020

– IRCC’s Policy on Post-Graduation Work Permit Program

– Kanthasamy v. Canada (Citizenship and Immigration), [2015] 3 SCR 909

– Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65

– Chhina v Canada (Public Safety and Emergency Preparedness), 2019 SCC 29