Immigration News Archives - Garson Immigration Law

Canada-India Relationship

The breakdown in relations between Canada and India will have complications that go beyond just diplomatic relations, as there could be significant economic and immigration consequences from the diplomatic row between the nations. Prior to these events, Canada and India had very strong relations. Bilateral commercial relations between Canada and India are estimated to be worth $100 billion, and the two countries expressed interest in reaching agreement on a trade deal after having trade talks in early 2023. These trade talks have since been tabled as a result of the relationship breakdown.

Canada’s Relationship with India

There are approximately one million people of Indian descent in Canada. The largest percentage of newcomers to Canada between 2016 and 2021, based on country of birth, was India at 18.6%. In 2022, there were more than 225,000 study permit holders from India residing in Canada on temporary resident visas. Throughout 2023, there has been a similar number of students from India who are residing in Canada and attending designated learning institutions across the country.

Many international students from India are also permitted to remain in Canada after the expiration of their student visa expires by participating in the Post-Graduate Work Permit Program. This program allows international students to gain work experience in Canada and can be a step to becoming a Canadian permanent resident. Many individuals from India have enjoyed the benefits of the Post-Graduate Work Permit Program, as well as other Canadian immigration programs, in order to become Canadian permanent residents. According to the 2022 Annual Report to Parliament on Immigration, approximately 128,000 Indian nationals received Canadian permanent residence status in 2022. This was the largest number of people from any nationality that received permanent residency in Canada by a significant margin. Given the large population of Indian nationals currently residing in Canada, the diplomatic tensions between Canada and India are that much more significant.

Immigration Impact of Canada-India Tensions in India

On October 19, 2023, the Government of Canada announced that it was withdrawing 41 diplomats and their families from India, after India unilaterally declared it would revoke their diplomatic immunities. India declared that it would be removing diplomatic immunities from all but 21 Canadian diplomats and their dependents who were residing in the country by October 20, 2023. As a consequence of this decision, the number of Canadian diplomats in India is roughly one-third of what it was before. Canada also suspended in-person consulate services from consulates in three Indian cities, specifically Bengaluru, Chandigarh and Mumbai, thereby leaving the High Commission in New Delhi as the only location in India currently offering in-person immigration services.

On October 19, 2023, Immigration, Refugees and Citizenship Canada also announced that it would be reducing its number of employees in India from 27 to 5. There are a substantial number of immigration applications made by citizens of India seeking to immigrate to Canada, with 89% of these applications being processed outside of Canada through the global network, leaving 11% of the applications processed in India.

Expected Delays on Processing and In-Person Services

Immigration, Refugees and Citizenship Canada has indicated that the 5 staff remaining in India will continue to work on processing immigration matters that require their presence in India, including matters such as urgent processing, visa printing, risk assessment and overseeing key partners. However, the reduction in staff will negatively impact those seeking Canadian immigration services in India, as it is anticipated that there will be significant delays in the immediate future, and beyond, if no rapprochement is made between the countries. It is expected that overall processing times, responses to immigration inquiries, as well as visa and passport return will all be delayed. Other services that are usually provided in person will also be affected. The Canadian Government has indicated that it hopes that normal immigration processing will return by early 2024, however, there is no definite timeline at this time.

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In May 2023, the Ontario Court of Appeal rendered a decision in Imperial Oil Limited v. Haseeb. This decision will have positive implications for international students in Canada who are looking for employment and graduating from their post-secondary studies in the near future. International students who have graduated from school can remain in Canada and work through a Post-Graduate Work Permit. The ruling in Haseeb v. Imperial Oil Limited will positively impact international students in Canada who want to work in Canada after they graduate.

Employer Rescinds Job Offer After Learning that Student is Not a Citizen or Permanent Resident

In Imperial Oil Limited v. Haseeb, Muhammad Haseeb was an international student from Pakistan who was studying in Canada. He was on track to complete his mechanical engineering degree from McGill University in December 2014. During his final semester, he began searching for a job and applied for an entry-level engineering job with Imperial Oil. Upon graduation, Haseeb would be able to work in Canada through a Post-Graduate Work Permit, which gave him eligibility to work for any employer in Canada for up to three years.

At the time of his application, Imperial Oil had a policy requiring employees to have permanent eligibility to work in Canada. This meant that they would effectively only hire employees who were either Canadian Citizens or permanent residents. Haseeb was offered a job; however, when he disclosed that he held a Post-Graduation Work Permit but was not a Canadian citizen or permanent resident, his job offer was rescinded.

Human Rights Tribunal Finds Student was Discriminated Against Based on Citizenship

When his offer of employment was rescinded, Haseeb filed an application with the Human Rights Tribunal of Ontario. He alleged that he had been discriminated against on the basis of citizenship because his job offer had been rescinded.

In Ontario, the Human Rights Code prohibits discrimination in employment on the basis of citizenship. The Human Rights Tribunal of Ontario found that Imperial Oil discriminated against Haseeb on the basis of citizenship by imposing an employment condition of permanent eligibility to work in Canada, which was to be proved through Canadian citizenship or permanent resident status. The Tribunal found this discrimination was directed and that Imperial Oil had not established a bona fide occupational requirement.

Court of Appeal Finds Tribunal Decision Reasonable

Imperial Oil sought reconsideration of the Tribunal decision, and the Tribunal denied the application. Haseeb was awarded monetary damages as a result. Imperial Oil appealed the decision, filing for judicial review to the Divisional Court.

The Divisional Court found the Tribunal’s decision was unreasonable and quashed the Tribunal’s decision. The Divisional Court found that a requirement that a job applicant be able to work in Canada permanently was not discrimination based on citizenship.

The Divisional Court decision was appealed. The Court of Appeal for Ontario found that the Tribunal’s decision was reasonable. The decision from the Court of Appeal for Ontario means that employers in Ontario cannot discriminate against international students who are applying for jobs on Post-Graduate Work Permits. This clarification in the law should open up more work opportunities to international students who hold Post-Graduate Work Permits. Ultimately, employers in Ontario can not restrict employment to those who hold permanent residence or Canadian citizenship.

What is a Post-Graduation Work Permit?

The immigration program that Haseeb was able to work under is the Post-Graduation Work Permit Program. The Post-Graduation Work Permit Program is an immigration initiative that allows international students who have graduated from a designated Canadian learning institution to obtain an open work permit. This program allows the permit holder to gain Canadian work experience. The program also gives the participants flexibility as an open work permit allows the holder to apply for and work in jobs all over Canada and is not restricted like an employer-specific work permit.

Beneficial for Future Applications

Canadian work experience can be valuable for those seeking to make future applications for Canadian permanent residency, as many Canadian permanent residency programs require the applicant to have Canadian work experience. Further, Canadian work experience can be an important factor, even in programs that do not explicitly require Canadian work experience.

Immigration streams for permanent residency under Express Entry, such as the Canadian Experience Class, require Canadian work experience to apply. Even when Canadian work experience is not explicitly required for a permanent residency application, it can be a significant factor in an application. The Federal Skilled Worker Program and Federal Skilled Trades Program do not require Canadian work experience. Still, Canadian work experience can be beneficial.

Program Requirements

The open work permit granted as part of the Post-Graduation Work Permit Program is time limited. The amount of time granted for the open work permit depends on the applicant’s length of study in Canada. To participate in the program, applicants must have completed at least an 8-month program at a designated learning institution. Longer programs can yield longer work permits, with work permits of up to three years granted to those who complete programs of two years or longer.

Overall, the Post-Graduation Work Permit is a good option for international students in Canada who want to work in Canada after they complete their studies. The open work permit provided as part of the program allows students flexibility in finding an employer. Further, work experience in Canada can be a crucial factor when applying for permanent residency.

Looking forward, based on the recent decision from the Court of Appeal for Ontario, international students who wish to work in Ontario should have even more options available for post-graduation employment.

Contact the Immigration Lawyers at Garson Immigration Law for Advice on Post-Graduation Work Permits and Permanent Residence Applications

Garson Immigration Law is a Toronto-based law firm that helps individuals find tailored solutions for their immigration needs. Our firm’s exclusive focus on immigration law allows us to understand our client’s unique concerns and obstacles. Our experienced immigration lawyers regularly provide advice on various immigration program options, including permanent residence in Canada and overcoming inadmissibility. To speak with a member of our team regarding your questions about immigration to Canada, contact us online or call us at 416-321-2860.