Borderlines

Amandeep Hayer and Lisa Middlemiss, co-authors of the book Canadian Citizenship: What Practitioners Need to Know, discuss citizenship by descent now that Bill C-3 is in force. Topics discussed include what changed under Bill C-3, citizienship by descent, how far citizenship can be traced back, proving citizenship without provincial birth certificates, interim measures vs. proof of citizenship applications, processing times, urgent requests, Canadians without proof who can’t get work permits or SINs, why adoptees may still be treated differently, fraud concerns, and how many Americans may now be Canadian citizens. We also answer live listener questions and comments, including whether Canada will now have to many new Canadians, a possible TR → PR pathway, work permit options for foreign doctors, slow processing times, Bill C-12 and Canadian immigration law predictions for 2026. Amandeep's blog post on Bill C-3 can be found here - https://hayerlawoffice.ca/2025/11/03/no-bill-c-3-does-not-create-a-new-second-generation/

We return to Afghanistan, and to the unfinished work Canada left behind.Following our recent conversation with retired Canadian Forces member Cory Moore, we are joined by three guests from Aman Lara, a Canadian registered charity working on refugee extraction, resettlement and protection.Jon Feltham, Executive Director of Aman Lara and retired Canadian Armed Forces memberJulia Aitken, Program & Communications Director at Aman LaraDenis Thompson, Major-General (Ret’d), former commander of NATO Task Force KandaharWe examine Canada’s response to Afghans who worked alongside Canadian and NATO forces, through the lens of recent Federal Court decisions that highlight how many individuals were left behind after the fall of Kabul in 2021.We discuss:The reality faced by Afghan interpreters, contractors, and families still in hidingHow Canada’s approach relied on “process without a plan”The bureaucratic gaps between DND, Global Affairs, and IRCCHow veterans became de facto evacuation coordinators during the 2021 crisisHow Ukraine’s uncapped emergency program contrasted so sharply with AfghanistanWhat Aman Lara has accomplished (over 7,000 evacuations and 5,800 resettlements) and why the work is far from over🔗 Aman Lara is a registered Canadian charity.If you’re looking for a meaningful way to support refugee protection and resettlement efforts, we’ve included a donation link here - https://www.canadahelps.org/en/dn/130744🎧 Subscribe for in-depth conversations on Canadian immigration law, policy, and the human consequences behind the headlines.

Steven and Deanna break down the rapidly shifting landscape of Canadian study permits amid IRCC’s newly released 2026 international student caps. With approval rates falling sharply in 2024–2025 and IRCC committing to fixed national intake numbers, study permits are now effectively being graded on a curve, making strong applications more critical than ever.We discuss the most common refusal grounds they see in practice, including:▸ Weak or incoherent study plansWhy study plans are now a top refusal ground, what officers look for, how jurisprudence has evolved, and what applicants must show to demonstrate a logical academic and career trajectory—even for minors.▸ Dual intent, PGWP confusion, and long-term plansHow to candidly discuss the possibility of a PGWP without triggering a refusal, and how applicants can articulate return-home benefits while acknowledging genuine motivations.▸ Financial sufficiency and unexplained depositsWhy bank statements are scrutinized more heavily than ever, how to document source-of-funds properly, and why even technical checklist omissions can sink an otherwise strong application.▸ Family ties and home-country incentivesHow IRCC evaluates “significant family ties” in and outside Canada, and why applicants should proactively explain their home-country obligations to address concerns about leaving Canada at the end of their stay.▸ Underdocumented travel history and other overlooked factorsSimple omissions that lead to refusals—such as failing to include exit/entry stamps, prior visas, or proof of assets.Whether you are an international student, an immigration professional, or someone following Canadian immigration reform, this episode offers practical guidance on how to build a more compelling study permit application in a challenging and tightening system.

Civil litigator Eoin Logan joins to break down three cases involving lawsuits both by and against immigration representatives. The cases are Sibbal v Nathyal, 2025 ABCJ 198, Roshy Skincare Clinic Inc. v Vrossis Investment Group Inc., 2025 BCSC 1769 and ICGC Immigration Consultants Group Canada Inc. v. Metro Painting Ltd., 2025 BCCRT 1466. Topics discussed include entering into immigration fraud schemes and suing when it falls apart, contractual illegality, negligent and fraudulent misrepresentation, contractual illegality, punitive damages and the duty of honesty in professional services, what happens when someone can’t enter Canada to attend their own civil trial and whether professional regulation in Canada actually protects immigrants.

Steven and Deanna dive deep into the most common reasons IRCC refuses Express Entry applications, with a focus on what visa officers determine to be insufficient reference letters. 1:00 – Correction from last episode: OINP Skilled Trades “draw” was actually a mass cancellation. Thoughts on this and Bill C-12. 10:00 – Express Entry refusals. NOC lead statements + main duties, employers not listing job duties, duties don’t match the NOC, blended NOCs. 17:00 – Should employers include percentage breakdown of duties?26:00 – Why verbs like “assist,” “support,” “help,” or “maintain” are dangerous27:12 – Procedural fairness: when IRCC must NOT contact youLive Questions. 31:10 – Will CEC draws exceed 1,000 ITAs in 2025?32:49 – Will Bill C-12 cancel Start-Up Visa and non-priority org files?36:50 – Is IRCC looking for any reason to refuse?37:45 – Will I get refused if my reference letter only lists 40 hours per week?38:34 – Could Bill C-12 cancel existing PRs?39:26 – Could TR-PR cover SUV applicants in 2026–27?40:05 – Why are immigrants treated like clients of a company?41:00 – Is foreign experience locked at ITA or EAPR?42:10 – My CRS is 449 with French. Will I get an ITA in 2025?42:56 – What if my employer refuses to list job duties?43:15 – Will there be more education category draws?

Phil Gurski is the President and CEO of Borealis Threat and Risk Consulting Ltd. He previous worked as a senior strategic analyst at the Canadian Security Intelligence Service.We discuss CSIS's role in Canadian immigration screening, the increase in comprehensive background checks, how CSIS and CBSA divide up security work, the Bishnoi gang, Bill C-12, delays in applications from China, mandamus and whether Canada lacks a national security culture. 05:26 – How CSIS does immigration security screening and the dramatic increase in comprehensive background checks10:08 – Why every citizenship application goes to CSIS for security screening15:03 – Canada’s choices: lax screening, less immigration, more surveillance… or something else?21:16 – Delays, disenfranchisement & back-end vs front-end screening31:26 – CSIS vs CBSA vs IRCC: who does what in screening?37:00 – Security vs human rights42:01 – International students, volume and how the system can be exploited49:04 – Timelines, CSIS capacity, and mandamus in Federal CourtAudience Questions54:40 – Do friends and family with extreme beliefs trigger concern?56:47 – How common is espionage in Canada?1:02:59 – What can be done to improve transparency?

Deanna, Sadaf Kashfi and Caroline Senini discuss your rights and obligations at the border, the intersection of immigration and criminal law, unreasonable search and seizure, mandatory minimum sentences and the Supreme Court of Canada decision in Quebec (Attorney General) v. Senneville, and more. Sadaf Kashfi is the founder of DMF Law, a Vancouver immigration & criminal-defence litigation boutique. Caroline Senini is a Partner at Peck and Company, where she practices in constitutional and regulatory matters, at both trial and appeal.

Greg Chubak retired from IRCC in 2022. He was posted to South Korea, Hong Kong and Singapore and the program manager in Hungary, Malaysia, Seattle, Sri Lanka and Austria. We discuss what programs have worked and haven't over the years, applications for authorization to return to Canada, rehabilitation applications, difficult cases, what concerns Greg about the direction of immigration law.