Kanthasamy and H&C; Owner-operator LMIA

• recording

• in English

Canada's immigration world  after Kanthasamy:

How the Supreme Court of Canada has changed H and C considerations for the best interests of the child.

Join our program to review the Kanthasamy decision as well as the Federal Court of Canada decisions made in it's aftermath.  The SCC of Canada pronouncement this past December has provided a thorough review of considerations of the "best interests of the child" ( BIOC) and has  overturned decades of Federal Court jurisprudence. Learn about opportunities to revisit previous cases with this new approach to considering this vital element of H and C processing.

• Review basic elements of H and C processing as set out in S. 25 of IRPA and in the Immigration Manuals

• Review pre-Kanthasamy jurisprudence on BIOC:  Ward,  Hawthorne, Legault and the former   H&C test  "undue, undeserved and disproportionate hardship"

•  Consider Kanthasamy decision in detailReview Federal Court decisions following the Kanthasamy principles

•  Review basic Manual guidelines for consideration of best interests of the child (BIOC) both before and after  Kanthasamy

•  Practical considerations and applications in client case processing for BIOC

Owner-Operator LMIA

Introduction to Owner-Operator Variation for LMIAs:
   What is it?
   What are the requirements?
   How do you apply the variation?
Advantages and Limitations for Achieving Immigration Goals:
   Advantages
   Disadvantages 
Strategies for Using the Owner-Operator Variation to Achieve Immigration Goals:
   Express Entry, and
   Combinations with LMIA-exempt Work Authorizations.
Risks of Reliance on the Owner-Operator Variation (Ethics Portion):
   Unpredictability of result,
   Limiting Scope of Engagement,
   Loss of Investment, and
   Tax Disadvantages