Andra Dumitrescu

🇨🇦Immigration Lawyer | Licensed with the Law Society of Ontario

[Andra Dumitrescu @AVIOImmigration]

https://t.co/JZpAPiEv45

[Andra Dumitrescu @AVIOImmigration]

Tomorrow there will be an announcement of funding for internationally educated health care professionals through the Foreign Credential Recognition Program. https://t.co/YvC2JAhwp7

[Andra Dumitrescu @AVIOImmigration]

Revised Study Permit Financial Requirements: As of January 1, 2024, Minister Marc Miller has announced updated financial requirements for study permit applicants. Outside Quebec, applicants now need to show proof of funds amounting to CAD 20,635, in addition to tuition and travel costs, an increase from the previous CAD 10,000 requirement. In Quebec, applicants are to adhere to the financial guidelines stipulated by the local ministry. The Student Direct Stream (SDS) has also been updated to reflect these changes, with varying requirements based on the application's date and province of study. https://t.co/iUUQ5LPQVt

[Andra Dumitrescu @AVIOImmigration]

Extension of Temporary Public Policy for Out-of-Status Construction Workers in GTA: IRCC extended the temporary public policy for out-of-status construction workers in the Greater Toronto Area (GTA) to July 2, 2024. This policy provides a pathway to permanent resident status for qualifying workers, with comprehensive instructions updated for intake, application processes, admissibility, and permit issuance, including provisions for dependents outside Canada. https://t.co/VaxODyRUCc

[Andra Dumitrescu @AVIOImmigration]

Work Permit Refusal: In Singh, 2023 FC 1754, the Federal Court granted judicial review for a work permit refusal of an Indian citizen residing in the UAE. The refusal was based on concerns about the applicant's language ability and his immigration status outside his country of nationality. The Court found that the officer's decision lacked adequate explanation, particularly regarding the applicant's ability to perform job duties as a long haul truck driver with an IELTS reading score of 4.0. Additionally, the officer's conclusion on the applicant's likelihood to leave Canada, considering his stable employment in the UAE and family ties in India, was deemed unjustified. The case was remitted for redetermination by a different decision maker. https://t.co/WdbMaCsifz

[Andra Dumitrescu @AVIOImmigration]

TRV Refusal for Misrepresentation: In Sharsheev, 2024 FC 49, the Federal Court granted judicial review for a Temporary Resident Visa (TRV) refusal due to misrepresentation. The applicant, a citizen of Kyrgyzstan, failed to disclose a prior U.S. visa refusal. The Court ruled that the IRCC officer did not sufficiently justify why the omission was materially relevant under the Immigration and Refugee Protection Act (IRPA), merely stating its relevance without explaining how it could lead to an error in administration. The absence of clear reasoning, especially given the applicant's situation, led to the decision. The case has been reassigned for redetermination by a different officer. https://t.co/4NXJu48Jpf

[Andra Dumitrescu @AVIOImmigration]

OINP Eligibility Expansion for Employer Job Offer: International Student Stream: The Ontario Immigrant Nominee Program (OINP) has expanded its eligibility criteria for the Employer Job Offer: International Student stream. Effective January 1, 2024, international students with any one-year Ontario College Graduate Certificate are now eligible, marking a shift from the previous requirement of a degree as an admission prerequisite. Additionally, the Expression of Interest (EOI) scoring system and the list of eligible educational institutions have been updated. https://t.co/nU6UTzLddS

[Andra Dumitrescu @AVIOImmigration]

Parent and Grandparent Sponsorship Freeze: New permanent resident visa and sponsorship applications for sponsors' parents or grandparents are on hold starting January 1, 2024. Processing in 2024 is limited to applications received in 2023, capped at 15,000. No further applications for this category will be accepted in 2024 unless new instructions are issued. Canada Gazette, Part I, Volume 158, Number 1: https://t.co/Mndax20Tu4

[Andra Dumitrescu @AVIOImmigration]

Security Grounds in Study Permit Denial: In Li, 2023 FC 1753, the Federal Court upheld the refusal of the applicant's study permit application by an IRCC officer. The officer deemed the applicant inadmissible on security grounds, suspecting potential espionage activities based on his field of study and education history, including his connection to Beihang University, known for its defense industry ties in China. The court agreed with the officer's broad interpretation of "espionage" under the IRPA, encompassing non-traditional information gathering potentially harmful to Canadian interests. The applicant's interest in microfluidics, aligned with China's strategic tech goals, further raised concerns about possible future information sharing detrimental to Canada. https://t.co/1y2LwORG7A

[Andra Dumitrescu @AVIOImmigration]

Spouse or Common Law Partner in Canada Class: In Chakhnashvili, 2024 FC 5, the Federal Court upheld the IRCC officer's denial of the applicant's permanent residency application. The officer's decision was deemed reasonable for several reasons: misrepresentation regarding a biological child shared with the sponsor; insufficient evidence of the marriage's genuineness, raising doubts about its purpose for immigration benefits; failure to satisfactorily address the officer's concerns about the couple's cohabitation and relationship; and lack of adequate response to requests for essential documentation, such as the child's long-format birth certificate. https://t.co/BsyUYh13TX

[Andra Dumitrescu @AVIOImmigration]

Adoption Status: In Habte, 2024 FC 8, the Federal Court granted judicial review of the refusal of the applicant's permanent residency application, citing the IRCC officer's decision as unreasonable. Key reasons include the officer's failure to recognize the applicant as the sponsor’s legally adopted child; inadequate authentication of essential documents, such as the adoption certificate; neglect in acknowledging the applicant's status as a de facto family member, evidenced by overlooking financial dependency and familial connections; and a significant oversight regarding the best interests of the child (BIOC) in the decision-making process. https://t.co/ZkvbhOTXMn

[Andra Dumitrescu @AVIOImmigration]

@"Initial Consultation: Preparation for Economic Immigration to Canada"https://t.co/pXdM3ZHj6f on @LinkedIn

[Andra Dumitrescu @AVIOImmigration]

TODAY: At 4:00 PM ET, IRCC to address the 2024–2026 Immigration Levels Plan and Annual Report, outlining yearly targets for permanent immigration, with a focus on three classes: economic immigration, family reunification and humanitarian commitments.

[Andra Dumitrescu @AVIOImmigration]

LISTEN LIVE: Today at 1:15 PM ET, Immigration Minister Marc Miller will unveil the Strategic Immigration Review report and the plan to improve Canada’s immigration system.

#IRCC
#ImmigrationCanada

https://t.co/tKoKvy5rIr

[Andra Dumitrescu @AVIOImmigration]

"Miller says schools that accept international students will have to confirm every applicant's letter of acceptance with the Immigration Department starting on Dec. 1."

https://t.co/FIcrqWVJs7

[Andra Dumitrescu @AVIOImmigration]

Temporary Residents - Super Visa: On October 6, 2023, significant amendments were made to the instructions concerning Super Visas, pursuant to Bill C-242, and the new Ministerial Instructions regarding the parents and grandparents Super Visa. #IRCC https://t.co/S9OxNtuOBR

[Andra Dumitrescu @AVIOImmigration]

Program Update: Temporary special measures in response to the 2023 earthquakes in Türkiye and Syria have been extended until January 3, 2024. #IRCC #CanadaImmigration

[Andra Dumitrescu @AVIOImmigration]

Transitioning to a weekly schedule to bring you more timely updates in Canadian immigration law. Delighted to share the second edition of AVIO Immigration's newsletter. Stay informed on the latest in case law, news releases, Express Entry draws, and more. https://t.co/gT0EGmhRfL

[Andra Dumitrescu @AVIOImmigration]

#ESDC announced its commitment to uphold employer compliance in the Temporary Foreign Worker Program. Over 2,100 inspections completed last fiscal year with 94% employer compliance. New regulations were introduced in 2022 to further enhance accountability. #TFWP #Immigration

[Andra Dumitrescu @AVIOImmigration]

The first edition of AVIO Immigration's biweekly newsletter is now live. This debut issue provides a comprehensive overview of the most recent and pivotal developments in Canadian immigration law. https://t.co/kFHxPJpclf