Latest news with #KubeirKamal
Time of India
4 days ago
- Politics
- Time of India
Canada: Spike in refusals for express entry applications where spouse is shown as ‘non-accompanying'
Representative Image Canada's immigration agency is increasingly rejecting 'Express Entry' applications for permanent residency, or is issuing procedural fairness letters (PFLs) in cases where applicants have declared their spouse as 'non-accompanying' often with the intent of improving their Comprehensive Ranking System (CRS) score. In many instances, the spouse was already residing in Canada – working or studying. It is not just those outside Canada who can apply to become permanent residents under the Express Entry route – it is also open to those already in Canada such as on temporary work visas. Express Entry is Canada's point-based mechanism used to manage immigration applications for skilled workers who want to become permanent residents. Based on various parameters such as age, education, French language proficiency etc, candidates are given a Comprehensive Ranking Score (CRS). Post which, they are placed in the Express Entry pool and ranked relative to each other. Periodical draws are held and those attaining the cut-off CRS score get an invite to apply for permanent residency. When an individual applies without including his/her spouse ( shown as 'non-accompanying spouse'), the individual is assessed as a single applicant, which the point distribution system tends to favour. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Take a Look - How Watching Videos Can Boost Your Income TheDaddest Undo A single applicant can get up to 40 more points under the 'Core Human Capital' section because spouse-related sub-factors are not considered. Being a single applicant helps boost scores if the spouse's credentials (education, language, etc) are weak and would drag down the scores. Kubeir Kamal, a regulated Canadian immigration consultant (RCIC) told TOI, 'This tactic of declaring a spouse as 'non-accompanying' has unfortunately become widespread, particularly among applicants who are already residing in Canada with their spouse on temporary status (eg: one is on a closed work permit and the other is on an open spousal work permit). In such cases, Immigration Refugees and Citizenship Canada (IRCC) is rightly scrutinizing whether the spouse was ever genuinely intended to be excluded. ' Added Manish Kapoor, a regulated Canadian immigration consultant, 'IRCC has increasingly taken the position that if an applicant's spouse is physically present in Canada, it implies an intention to permanently reside. As such, declaring the spouse as non-accompanying may be interpreted as a misrepresentation under sections 16(1) and 40(1) of the Immigration and Refugee Protection Act (IRPA), which require applicants to answer truthfully and prohibit the withholding of material facts. ' Kamal cautioned that if both partners are living and working in Canada, declaring a spouse as 'non-accompanying' without a valid and well-documented reason such as custody arrangements, or family obligations, can be seen as a deliberate misrepresentation, which in addition to refusal of the application can lead to a five-year ban from re-applying. 'If spouse is outside Canada, you may still list them as non-accompanying if it's truthful and justifiable—for instance, owing to custody of children or job obligations of the spouse in the home country. In this case, a strong letter of explanation and supporting evidence is required. Further, intentions must be aligned with the declaration: If you say they're non-accompanying, don't sponsor them immediately after landing!,' said Kamal. 'Historically, similar applications were approved without issue, raising concerns about consistency in decision-making in the application of policy. Many applicants argue that they have valid reasons for listing their spouses as non-accompanying and have provided clear explanations, yet refusals continue to rise. It will be important to watch how the Federal Court interprets the concept of an 'accompanying spouse,' particularly as an increasing number of applicants seek judicial review. The outcome of these cases may set a significant precedent for future immigration decisions,' added Kapoor.. Traditionally, India has been a top-source country for those getting invitations to apply for permanent residency under the Express Entry system. In 2023, nearly 52,100 Indians were invited to be permanent residents (bagging 47% of the total invites). Country-specific data for 2024 is not available. Of late, the modalities of the Express Entry mechanism have changed. All-program or general draws have become a rarity. Of late, IRCC has issued invitations to become permanent residents extensively based on category based Express Entry draws such as French‑language proficiency, Canadian Experience Class (CEC), Provincial Nominee Program (PNP), or occupational specific draws such as health‑care, education, and trades. Further, from March 25, candidates no longer earn additional Comprehensive Ranking System (CRS) points for holding a valid job offer – this change was done to prevent fraud through illicit sales of 'Labour Market Impact Assessments'. Immigration experts point out that there are bonafide ways to improve the CRS score such as improving language results, obtaining proficiency in French or even by exploring PNP options.
Toronto Star
09-06-2025
- Politics
- Toronto Star
Investigation into Maplehurst jail continues + Why survivors are pushing for restorative justice
Good morning. This is the Monday, June 9 edition of First Up, the Star's daily morning digest. Sign up to get it earlier each day, in your inbox. Here's the latest on the investigation into Maplehurst Jail, the push to bring back restorative justice for sexual assault survivors and a housing program for the city's homeless that's undergoing some changes. Also, things are looking up for Canada-India relations, after Indian Prime Minister Narendra Modi accepted Prime Minister Carney's invite to the G7 summit in Alberta. Here's what we know. ARTICLE CONTINUES BELOW DON'T MISS Maplehurst officials told investigators footage of their crackdown on inmates was lost Officials said the footage was lost due to 'technical' issues. An internal investigation alleges otherwise. Judge slams jail guards' 'disgusting and gross' treatment of prisoners at Maplehurst Correctional Complex in Milton These sexual assault survivors are pushing Ontario to allow restorative justice Here's why survivors want Ontario to allow restorative justice, and how the process works. In charged cross-examination, defence suggests woman demanded sex with Hockey Canada players Infantilized. Re-traumatized. Silenced: Why Ontario won't give these sex assault survivors what they want A housing program helping the city's homeless was cut in half The program's targets are being reduced from 350 units a year to 175. Here's why. Bullet holes, drug dealer takeovers, mould and struggling tenants. What it's like living in one deeply troubled Toronto public housing complex. WHAT ELSE Immigration consultant Kubeir Kamal said married applicants have 'historically' submitted applications with 'non-accompanying' spouses to gain an advantage but it's become more common. Kubeir Kamal Canada is cracking down on immigration applicants over spouses. Here's how applicants are boosting their scores. Allan Woods: Why some Canadians are alarmed by Mark Carney's pledge to act with urgency. Mark Carney will make a defence announcement today as NATO eyes a spending boost. Here's what to expect. Ukraine said Russia launched the biggest overnight drone bombardment of the war. A teen is dead after a shooting in Toronto's Weston neighbourhood. Here's what residents said about the incident. Since last fall, six infants in Ontario were born with congenital measles from unvaccinated mothers. Her car wash deal was revoked for sharing. Here's why Petro-Canada won't refund the balance. Bruce Arthur: Here's what the CFL's new commissioner needs to consider ahead of the upcoming season. Lesley-Anne Scorgie: Here's how to downsize and keep the most money possible. Here were the surprises and top moments from the 2025 Tony Awards. Kevin McGran: Here's where Mitch Marner could end up, and how he'd fit in Shai Gilgeous-Alexander took control as the Thunder beat the Pacers to even NBA Finals. POV It's time to talk about what COVID did to Toronto, and to us. CLOSE UP Juggler Ben Burland entertains the kids. Richard Lautens/ Toronto Star NATHAN PHILLIPS SQUARE: Juggler Ben Burland showed off his tricks for SickKids' 150th birthday party on Saturday. Actor Ryan Reynolds, hockey champion Dr. Hayley Wickenheiser and Mayor Olivia Chow were all present for the festivities. Thank you for reading. You can reach me and the First Up team at firstup@ I will see you back here tomorrow. Sign up here to get this newsletter in your inbox.
Time of India
07-06-2025
- Politics
- Time of India
Indian students among those hit as Canada clamps down on dummy visa extensions
To prevent misuse of visa extensions, Immigration, Refugees and Citizenship Canada (IRCC) has changed rules around 'maintained status' for temporary residents. The update targets the growing trend of 'dummy extension' applications submitted to prolong legal stay in Canada without genuine eligibility, according to a report by Lubna Kably in the Times of India. Under the new guidelines, if a temporary resident submits a second application for an extension while already on maintained status, and the first application is later rejected, the second application will not preserve their legal stay. It will be returned and denied. Earlier, such second applications could help maintain legal status, though without allowing work or study rights. 'Under the revised guidelines, if a temporary resident with 'maintained status' submits a second application to extend their stay and their initial application is rejected, the second application will not preserve their legal status in Canada. Instead, it will be denied and returned,' said Kubeir Kamal, a regulated Canadian immigration consultant to TOI. 'This represents a change from prior rules, where a second application could still uphold legal residency, despite a first refusal, though it did not permit work or study rights.' Play Video Pause Skip Backward Skip Forward Unmute Current Time 0:00 / Duration 0:00 Loaded : 0% 0:00 Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 1x Playback Rate Chapters Chapters Descriptions descriptions off , selected Captions captions settings , opens captions settings dialog captions off , selected Audio Track default , selected Picture-in-Picture Fullscreen This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Opacity Opaque Semi-Transparent Text Background Color Black White Red Green Blue Yellow Magenta Cyan Opacity Opaque Semi-Transparent Transparent Caption Area Background Color Black White Red Green Blue Yellow Magenta Cyan Opacity Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Drop shadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Top 5 Dividend Stocks for May 2025 Seeking Alpha Read Now Undo As per Lubna's report, maintained status, earlier known as implied status, allows a foreign national to stay in Canada legally under the same conditions of their expired permit, provided they applied for an extension before the original permit expired. The revised policy responds to concerns about applicants submitting ineligible extensions only to extend their stay temporarily through maintained status. (Join our ETNRI WhatsApp channel for all the latest updates) Kamal noted that many temporary residents, including students and workers, used this route to buy time after submitting an initial extension that had little chance of approval. The new rules close this loophole. Live Events You Might Also Like: Indian diaspora to benefit as Canada proposes expansion of citizenship by descent Manish Kapoor, another regulated immigration consultant, explained the rule's impact to TOI, 'With nearly half a million work permits expiring in 2025 and with the stringent policies and rules changing every other day, it has become extremely difficult for the temporary residents to maintain their legal status in Canada. This new rule has added fuel to the fire, as it indirectly discourages submitting multiple applications for extension.' Kapoor pointed out that the policy shift is part of the government's effort to reduce the number of temporary residents in Canada to five per cent of the total population by 2027. At present, temporary residents make up 7.3 per cent of the country's 41.5 million people. The new guidelines are expected to affect Indian nationals and international students the most, as they form a large share of Canada's temporary resident population. You Might Also Like: Canada's new bill to grant citizenship to thousands of people
Time of India
06-06-2025
- Politics
- Time of India
Canada cracks down on dummy extension applications
Dummy extension applications have been on the rise and to curb this, Immigration Refugee and Citizenship Canada (IRCC) has changed rules relating to 'maintained status' if a temporary resident submits more than one application. Tired of too many ads? go ad free now Kubeir Kamal, a regulated Canadian immigration consultant told TOI, "Under the revised guidelines, if a temporary resident with 'maintained status' submits a second application to extend their stay and their initial application is rejected, the second application will not preserve their legal status in Canada. Instead, it will be denied and returned. This represents a change from prior rules, where a second application could still uphold legal residency, despite a first refusal, though it did not permit work or study rights." "Maintained status, previously termed implied status, allows a foreign national to legally remain in Canada and continue working or studying under the conditions of their expired permit, provided they applied for an extension before it expired. This policy shift follows concerns about the practice known as a 'dummy extension', where individuals submit work permit extension applications, despite ineligibility, solely to exploit maintained status and prolong their stay in Canada. The updated guidelines aim to curb this tactic, preventing multiple applications intended to extend maintained status without work authorization after an initial application is refused," Kamal added. Manish Kapoor, a regulated Canadian immigration consultant explained its immediate impact, "With nearly half a million work permits expiring in 2025 and with the stringent policies and rules changing every other day, it has become extremely difficult for the temporary residents to maintain their legal status in Canada. Tired of too many ads? go ad free now This new rule has added fuel to the fire, as it indirectly discourages submitting multiple applications for extension." According to Kapoor, in order to minimize the number of temporary residents to 5 per cent of the population by 2027, the government of Canada is doing whatever it can. In a nutshell, this new regulation will have a huge negative impact on the applicants' ability to stay longer in Canada, especially the Indian students or temporary residents, as their number is comparatively higher than others. Currently, temporary residents constitute 7.3 per cent of Canada's total population of 41.5 million.
Time of India
04-06-2025
- Business
- Time of India
Canada cracks down on asylum abuse: Canada's bill will stem the rising number of international students seeking asylum
Record surge in asylum claims highlights the struggles of international students amid Canada's tightening immigration policies Canada has introduced a new bill – the Strong Borders Act, aimed at enhancing border security, stopping the flow of illegal fentanyl, combat money laundering, and ensuring the integrity of the immigration system. "Amid the wide array of provisions are measures that will curb the rising number of international students—many of them from India—from seeking asylum. Between January and September 2024 alone, nearly 14,000 asylum claims were filed by international students, with Indian nationals accounting for close to 2,300 of these applications." Several Indian students are misled into believing that they can convert their temporary student status into permanent residency by claiming asylum. The truth is that claims made under false pretexts can result in deportation. To protect the integrity of the asylum mechanism, the bill states that claims made more than a year after arriving in Canada (post June 24, 2020) will not be referred to the Immigration and Refugee Board (IRB). Further, claims made more than fourteen days after entering Canada clandestinely from the US via land borders will also be ineligible. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch CFD với công nghệ và tốc độ tốt hơn IC Markets Đăng ký Undo The bill adds that claims will only be decided while the claimant is in Canada, inactive cases will be removed, and voluntary departures will be expedited. However, vulnerable claimants, such as minors, will be assigned representatives to support them during the proceedings. Talking to TOI, Kubeir Kamal, a regulated Canadian immigration consultant (RCIC) said, 'It is a much-needed response to curb fraudulent claims and ensure public safety. This measure applies universally, including to students and temporary residents, regardless of whether they left Canada and returned. Affected individuals can still apply for a Pre-Removal Risk Assessment (PRRA) to ensure they are not deported to unsafe conditions. ' 'The surge in asylum claims by international students, reaching a record 20,245 in 2024 and projected to rise in 2025, is largely attributed to tightened immigration policies, including a significant reduction in study permits, restricted work permit eligibility, and limited pathways to permanent residency. The top source countries for these claims are India, Nigeria, Guinea, Ghana, and the Democratic Republic of Congo. With an IRB backlog of approximately 275,000 cases and a processing capacity of 80,000 claims annually, delays of about 3.5 years exacerbate the issue, pushing international students toward asylum as an alternative to stay in Canada.' The bill gives Immigration, Refugees and Citizenship Canada (IRCC), the country's immigration agency the authority to share information (such as status, immigration documentation) with federal, provincial and territorial authorities through signed agreements. The agency will also get the right to cancel, suspend or change immigration documents, and to cancel, suspend or stop accepting new applications; or or halt processing of existing applications for reasons of public health or national security. Lena Metlege Diab, Immigration Minister, commented on the bill, 'Canada is taking action to respond to rising migration pressures. We're improving security at the Canada-US border and making our immigration and asylum systems stronger, more flexible, and responsive to new and developing pressures. This is about protecting the integrity of our system while building a safer and more resilient Canada.'
