1,035 result(s)
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876.
Dhanji Nathoo v. Canada (Citizenship and Immigration) - 2007 FC 818 - 2007-08-07
Federal Court DecisionsWhen she applied for permanent residence in Canada as a skilled worker, a visa officer in Nairobi, Kenya turned her down. [...] [3] Ms. Nathoo’s work experience as Assistant Food and Beverage Manager at the Morogogo Hotel lines up with the responsibilities of two categories of skilled workers under Canada’s National Occupation Classification (NOC) – Restaurant and Food Service Managers (0631) and Food Service Supervisors (6212). [...] FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-2647-06 STYLE OF CAUSE: SAIRABEGUM DHANJI NATHOO v. THE MINSITER OF CITIZENSHIP AND IMMIGRATION
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877.
Kim v. Canada (Citizenship and Immigration) - 2007 FC 812 - 2007-08-02
Federal Court Decisions75. (1) For the purposes of subsection 12(2) of the Act, the federal skilled worker class is hereby prescribed as a class of persons who are skilled workers and who may become permanent residents on the basis of their ability to become economically established in Canada and who intend to reside in a province other than the [...] (a) the skilled worker or the skilled worker's accompanying spouse or accompanying common-law partner is related by blood, marriage, common-law partnership or adoption to a person who is a Canadian citizen or permanent resident living in Canada and who is [...] (b) the skilled worker has a spouse or common-law partner who is not accompanying the skilled worker and is a Canadian citizen or permanent resident living in Canada.
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878.
Pacheco Silva v. Canada (Citizenship and Immigration) - 2007 FC 733 - 2007-07-10
Federal Court DecisionsAt paragraph 15 of his reasons for decision, the learned judge dealt with the applicable standard of review of a visa officer’s decision in an application for permanent residence under the Federal Skilled Worker Class: [...] There is no doubt in my mind that the assessment of an Applicant for permanent residence under the Federal Skilled Worker Class is an exercise of discretion that should be given a high degree of deference. [...] [21] This is a case where the Applicant fell far short of the minimum required for admission to Canada as a permanent resident under the Skilled Worker Class.
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879.
Dahyalal v. Canada (Citizenship and Immigration) - 2007 FC 666 - 2007-06-21
Federal Court Decisions[1] Mr. Patel Dahyalal applied to become a permanent resident of Canada as a skilled worker, in particular, as a veterinarian. [...] Skilled workers 75. (2) A foreign national is a skilled worker if ... (c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties. [...] FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-4303-06 STYLE OF CAUSE: PATEL DEVENDRAKUMAR DAHYALAL v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
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880.
Choksi v. Canada (Citizenship and Immigration) - 2007 FC 555 - 2007-05-28
Federal Court Decisions[1] Pritesh Bharatkumar Choksi’s application for permanent residence under the skilled worker category was rejected by a visa officer, who found that he did not have the necessary employment experience. [...] [14] The jurisprudence of this Court recognizes that the assessment of an applicant for permanent residence under the Federal Skilled Worker Class involves an exercise of discretion that should be given a high degree of deference. [...] FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-4410-06
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881.
Al-Kassous v. Canada (Citizenship and Immigration) - 2007 FC 541 - 2007-05-23
Federal Court Decisions[1] This is an application for judicial review of a decision of S. MacKay, an immigration officer, (the Officer), dated August 16, 2006, wherein the applicant’s application for permanent residence as a member of the skilled worker class was refused. [...] 79. (1) A skilled worker must specify in their application for a permanent resident visa which of English or French is to be considered their first official language in Canada and which is to be considered their second official language in Canada and must [...] [20] Section 79 of the Regulations sets out the scheme for awarding points for proficiency in the official languages to applicants applying for permanent residence under the federal skilled worker class.
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882.
Ogunfowora v. Canada (Citizenship and Immigration) - 2007 FC 471 - 2007-05-03
Federal Court Decisions[12] They submit also that the presence of an outstanding permanent residence application does not operate as a bar to temporary resident visa under section 22(2) of IRPA and that the permanent residence visa was not properly before the visa officer as decided in Moghaddam v. Canada (M.C.I.), 2004 FC 680. [...] They identified both applications for permanent residence on their application for temporary residence form. [...] In the context of a Foreign Skilled Worker Class assessment in Hassani v. Canada (M.C.I.), 2006 FC 1283, the Court reviews the case law and highlights the uncertainty in the jurisprudence.
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883.
Manilal Patel v. Canada (Citizenship and Immigration) - 2007 FC 441 - 2007-05-01
Federal Court Decisions[2] On July 12, 2000, Mahendrakumar Manilal Patel, the applicant, submitted an application for permanent residence in Canada under the skilled worker category with an intended occupation of Librarian, Code 5111 of the National Occupational Classification (NOC). [...] 75. (2) A foreign national is a skilled worker if (a) within the 10 years preceding the date of their application for a permanent resident visa, they have at least one year of continuous full-time employment experience, as described in subsection 80(7), or the equivalent in continuous part-time employment in one or more [...] [12] In order to immigrate to Canada as a skilled worker, an applicant must meet the definition of skilled worker set out in subsection 75(2) of the IRP Regulations and be awarded the required number of points.
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884.
De Araujo v. Canada (Citizenship and Immigration) - 2007 FC 363 - 2007-04-04
Federal Court Decisions[2] The applicants now seek judicial review of that decision, asserting that the H&C officer erred in failing to consider the “public policy” features of their application, having regard to Mr. de Araujo’s skill in the construction trades, and the shortage of such skilled workers in Canada. [...] All of his brothers and sister in Canada are permanent residents, except for one brother, who is under a removal order as a failed refugee claimant. [...] FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-7573-05
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885.
Lak v. Canada (Citizenship and Immigration) - 2007 FC 350 - 2007-04-02
Federal Court DecisionsHe applied for a permanent resident visa as a member of the Skilled Workers class on the basis of the education and the work experience he acquired as an Ophthalmologist in Iran. [...] [9] As the Applicant noted, the Overseas Processing Manual - Federal Skilled Workers (OP 6) states, in a note at Chapter 10.2: [...] - The application for judicial review is granted and the Applicant’s application for permanent residence as a member of the Skilled Workers class is sent to another visa officer so that it may be revaluated;
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886.
Chandralingam v. Canada (Citizenship and Immigration) - 2007 FC 282 - 2007-03-13
Federal Court DecisionsMs. Chandralingam is a citizen of Sri Lanka and has permanent resident status in Germany since 1998. [...] Presently, Ms. Chandralingam is residing in Canada with her in-laws. Ms. Chandralingam’s husband is a permanent resident of Germany after a failed attempt to come to Canada in 2000 under the skilled worker category. [...] (a) has applied in accordance with these Regulations for a temporary resident visa as a member of the visitor, worker or student class;
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887.
Ayyalasomayajula v. Canada (Citizenship and Immigration) - 2007 FC 248 - 2007-03-05
Federal Court Decisions[1] The applicant submitted an application for permanent residence in the Federal Skilled Worker Class. [...] [4] On September 23, 2004, the applicant submitted her application for permanent residence under the Federal Skilled Worker class. [...] [20] Decisions of visa officers with respect to applications for permanent residence under the Federal Skilled Worker category attract a standard of review of reasonableness or patent unreasonableness.
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888.
Vellanki v. Canada (Citizenship and Immigration) - 2007 FC 247 - 2007-03-05
Federal Court Decisions[1] This is an application for judicial review brought by Srinivas Kumar Vellanki challenging a decision by a Visa Officer, denying his application for a permanent resident visa. [...] [2] On March 1, 2000 Mr. Vellanki submitted a completed application for a permanent resident visa to the Canadian Embassy in Buenos Aires. [...] He was seeking to come to Canada from India as a member of the Skilled Worker Class, specifically as a Marketing Consultant.
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889.
Jackson v. Canada (Citizenship and Immigration) - 2007 FC 201 - 2007-02-22
Federal Court DecisionsThey have been unsuccessful in their attempts to obtain permanent resident status. [...] a. A skilled worker application was filed in January 2006. b. The current H&C application was received in April 2006. [...] The decisions on the skilled worker and H&C applications are not imminent.
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890.
Athar v. Canada (Citizenship and Immigration) - 2007 FC 177 - 2007-02-15
Federal Court Decisions27 (the Act), for judicial review of a decision of a visa officer dated January 13, 2006, who held that the applicant failed to meet the criteria under section 75 of the Immigration and Refugee Protection Regulations, S.O.R./2002-227 (the Regulations) to be granted a permanent resident visa under the skilled worker class. [...] [3] In January 2002, he applied at the Canadian Visa Office in Buffalo for a permanent resident visa as a skilled worker under NOC 1112 (Financial and Investment Analysts) and NOC 1122 (Management Consultant). [...] Skilled worker applicants are assessed under the criteria set out at subsection 76(1) of the Regulations.
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891.
Tong v. Canada (Citizenship and Immigration) - 2007 FC 165 - 2007-02-13
Federal Court Decisionsjudicial review application the March 10, 2006, decision of Designated Immigration Officer Barnes (the DIO) at the Consulate General of Canada in Seattle, Washington, refusing his application for permanent residence in Canada in the skilled worker category in the intended occupation of a religious worker - a Buddhist monk. [...] The assessment of these requirements determines whether a skilled worker will be able to become economically established in Canada. [...] Similarly, the publicly available CIC Policy Manual “OP6: Federal Skilled Workers” also does not provide any exceptions for religious workers.
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892.
Sandhu v. Canada (Citizenship and Immigration) - 2007 FC 156 - 2007-02-09
Federal Court Decisions[2] On September 9, 2003, the applicant submitted an application for permanent residence in Canada under the skilled worker category. [...] under the skilled worker category, then being thirteen years old and having no intended occupation, or sought exemption from paragraph 117(9)(d) of the Regulations which provides no foreign national shall be considered as a member of the family class if her sponsor, in his or her application for permanent residence, did not [...] [7] This is the second application for permanent residence made by the applicant.
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893.
Ramos-Frances v. Canada (Citizenship and Immigration) - 2007 FC 142 - 2007-02-07
Federal Court Decisions[1] Mr. Francisco Javier Ramos-Frances, a citizen of Spain, applied for permanent residence in Canada as a skilled worker in the occupation of “Flight Crew Member” (National Occupational Classification (NOC) 2271). [...] 75.(2) A foreign national is a skilled worker if (a) within the 10 years preceding the date of their application for a permanent resident visa, they have at least one year of continuous full-time employment experience, as described in subsection 80(7), or the equivalent in continuous part-time employment in one or more [...] 11.(1) An application for a permanent resident visa — other than an application for a permanent resident visa made under Part 8 — must be made to the immigration office that serves
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894.
Shangguan v. Canada (Citizenship and Immigration) - 2007 FC 75 - 2007-01-30
Federal Court Decisions[1] This is a judicial review of a decision of Mary Keefe, an immigration officer (the Officer), dated March 14, 2006, refusing Yufang Shangguan’s application for permanent residence in the skilled worker category on the basis that she did not meet the requirements under paragraph 75(2)(a) of the Immigration and Refugee [...] * * * * * * * * [2] On April 13, 2004, Yufang Shangguan, the applicant, submitted an application for permanent residence in Canada under the skilled worker category with an intended occupation of Restaurant and Food Services Manager. [...] 75. (2) A foreign national is a skilled worker if (a) within the 10 years preceding the date of their application for a permanent resident visa, they have at least one year of continuous full-time employment experience, as described in subsection 80(7), or the equivalent in continuous part-time employment in one or more
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895.
Aguilar Espino v. Canada (Citizenship and Immigration) - 2007 FC 74 - 2007-01-25
Federal Court Decisions(4) foreign nationals who hold a permanent resident visa who have been ordered removed from Canada (that is, an unlanded permanent resident) (subsection 63(2)). [...] In fact, he is precisely the kind of skilled worker Canada seeks. The principal barrier is that he could not accumulate the capital back in Guatemala to show that he could support himself once he got here and he would lose two or three years time which he has now to establish his business here. [...] FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-7202-05
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896.
Singh v. Canada (Citizenship and Immigration) - 2007 FC 69 - 2007-01-23
Federal Court DecisionsThere is no doubt in my mind that the assessment of an Applicant for permanent residence under the Federal Skilled Worker Class is an exercise of discretion that should be given a high degree of deference. [...] (ii) the skilled worker is currently working in that employment, (iii) the work permit is valid at the time an application is made by the skilled worker for a permanent resident visa as well as at the time the permanent resident visa, if any, is issued to the skilled worker, and [...] (iv) the employer has made an offer to employ the skilled worker on an indeterminate basis once the permanent resident visa is issued to the skilled worker;
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897.
Airapetyan v. Canada (Minister of Citizenship and Immigration) - 2007 FC 42 - 2007-01-17
Federal Court DecisionsShe applied for permanent residence in November 2001 in the independent category along with her husband and children. [...] The respondent also argues that the determination in Hilewitz, above, regarding the need to consider the ability to pay cannot extend beyond the business immigration categories to federal skilled workers. [...] Federal skilled workers, the respondent argues, are not required to provide objective and reliable evidence of their financial resources other than demonstrating that they possess adequate settlement funds.
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898.
Sarkar v. Canada (Citizenship and Immigration) - 2006 FC 1556 - 2006-12-28
Federal Court Decisionsof this application, the Minister does not argue, as he did in Colaco v. The Minister of Citizenship and Immigration, 2006 FC 896 that Hilewitz, above, must be interpreted as being limited to business applicants for permanent residence, (investors, self-employed, or entrepreneurs) but not to the skilled worker class. [...] He is earning an annual salary of approximately $120,000.00 with bonuses and made his application for permanent residence on February 10, 2003 through the Consulate General of Canada in Buffalo in the category of the skilled worker class pursuant to section 70(2)(b) of the Regulations. [...] 1. As noted, his application for permanent residence was received at the Canadian Consulate in Buffalo, New York on February 10, 2003;
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899.
Aqeel v. Canada (Citizenship and Immigration) - 2006 FC 1498 - 2006-12-19
Federal Court Decisions[28] Accordingly, I am of the view that the applicant’s personal situation, i.e. the fact that he is a skilled worker in an occupation that has a shortage of workers in Canada, does not constitute a public policy consideration. [...] [34] If the exemption is refused, there is no reason to assess the application for permanent residence. [...] However, that does not bar the applicant from applying for permanent residence from abroad at a later time.
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900.
Mercado v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1527 - 2006-12-19
Federal Court DecisionsA. OVERVIEW OF THE FEDERAL SKILLED WORKER PROCESS 7. In order to obtain a permanent residence visa, an applicant must meet the two broad requirements set out by the Regulations, namely that he i. qualifies as a federal skilled worker and ii. has the ability to become economically established. [...] Federal Skilled Worker Class Class 75. (1) For the purposes of subsection 12(2) of the Act, the federal skilled worker class is hereby prescribed as a class of persons who are skilled workers and who may become permanent residents on the basis of their ability to become economically established in Canada and who intend to [...] (ii) the skilled worker is currently working in that employment, (iii) the work permit is valid at the time an application is made by the skilled worker for a permanent resident visa as well as at the time the permanent resident visa, if any, is issued to the skilled worker, and