Canada Immigration Investor Category / Notion of « Full time management »

Dear clients, friends and collaborators:

We would like to inform you that the Quebec Court of Appeal, the highest Court in the province of Quebec, confirmed that an investor must show that he has devoted himself on a full time basis to management for a period of at least three (3) years, as described in Section 21 of the Règlement sur la sélection des ressortissants étrangers.

In the case before the Court of Appeal, the investor was a sixty year-old Iranian medical doctor specialized in gyneco-obstetric. He filed an application with the Quebec Immigration Department under the investor program. During the interview with the immigration officer, the investor declared that he devoted a substantial part of his time to administrative tasks as manager of his clinic and as “inspector” of a private hospital of which he is a shareholder. The immigration officer refused this applicant on the grounds that the investor was not devoted on a full time basis to management.

The Court of Appeal confirmed the interpretation of the immigration officer. Furthermore, the Superior Court of Quebec decided in 2001 that even though the interpretation of Section 21 could have the consequence of excluding professionals like lawyers, doctors, accountants and so on if they do not perform management task on a full time basis but just on a regular basis, it was not up to the courts to modify the regulations but to the government if it was not satisfied with it.

Consequently, it is now clear that an investor must devote himself, on a full time basis, to the management of his business.

Should you have any questions or comments, please do not hesitate to contact our immigration team.


Stéphane Duval
Partner
ROBINSON SHEPPARD SHAPIRO

Citizenship and Immigration Canada will accept 810 Burmese Refugees

Monte Solberg the Minister of Citizenship and Immigration in Ottawa announced yesterday that Canada will accept 810 predominantly Karen refugees from the Mae La Oon camp in Mae Hong Son, Thailand. This announcement coincides with World Refugee Day, June 20th, 2006. These refugees have been labled as “high priority” by the United Nations Refugee Agency.

The relocation of these refugees will begin in August and should be completed by early 2007. Ten communities across Canada will welcome these refugees.

“We look forward to helping them rebuild their lives and join our society” Canadian Minister of Citizenship and Immigration Monte Soldberg was quoted as saying.

Canada’s acceptance of the refugees is part of a scheme first tested in 2003 whereby individuals do not have to undergo status interviews by Canadian immigration and are immediately considered as part of a wider vulnerable group.

In addition to Canada, the US, Australia, New Zealand, Finland, Denmark, Norway, Sweden, the UK and the Netherlands are countries who have agreed to accept Karen refugees from Thailand.

The Karen Women’s Organization wishes to remind the international community on this World “Refugee Day” of Karen’s plight, stating the current number of internally displaced people in Karen State is approximately 15,000 and more importantly this is the highest since 1985.


Alice Daghavarian, Director of Immigration Services.