Case #4 – Developing Issue: PEI closes two entrepreneur streams of their provincial nominee program. What can applicants do?

As of September 20, 2018, Prince Edward Island (PEI) has closed two entrepreneur streams of its provincial nominee program (PNP): the 100% Ownership Stream and the Partial Ownership Stream. Previously through these streams, applicants could deposit $150,000 as security and a further $50,000 for living expenses in exchange for entering PEI’s PNP program. The province then nominates selected applicants for permanent resident status. This allowed some applicants to obtain permanent residency before entering PEI if they expressed an interest in operating a business in PEI and paid the deposits. The PEI government shut these streams down because most entrepreneurs did not remain in PEI after their initial expression of interest.

The narrowing of PEI’s PNP program is also the result of two large scale investigations by the Canadian Border Services Agency (CBSA) this year. This investigation has affected over a thousand entrepreneur applicants in PEI. In May of this year, the CBSA claimed that 566 applicants under PEI’s PNP were suspected of misrepresentation under the federal Immigration and Refugee Protection Act. Later in August, the CBSA stated that another 462 PNP applicants were under similar investigation.

If applicants are found to have committed misrepresentation, then they may lose their permanent resident status. Procedurally, the government will issue a notice to the individual under investigation for misrepresentation. The individual then has to appear for an admissibility hearing before the Immigration Division (ID) of the Immigration and Refugee Board of Canada (IRB). The reviewing member will consider any details before and up to the date of the hearing, including how the person established themselves after becoming a permanent resident. After considering the evidence, the reviewing member may issue a removal order. In certain circumstances, it may be possible to appeal the removal order to the Immigration Appeal Division (IAD) or seek permission of the Federal Court of Canada for a judicial review of the IRB’s decision.

For comparison, the CBSA says that, in the 1,600 cases involving immigration fraud in Vancouver last year, 81 people have been deported, 160 others are facing removal orders, and some remaining cases are under appeal as of September 2018.

Preparing for a misrepresentation hearing or an appeal is difficult.It is best to have a skilled professional put the best case forward. If you are one of the applicants currently under investigation by the CBSA, have had an unfavourable misrepresentation hearing or are facing a removal order, we can help. At MBB Law, our team of lawyers and consultants, including a former Canadian visa officer, have the knowledge and expertise to guide you so that you may obtain a successful outcome.

MBB Immigration

MBB Immigration and MBB Law have lawyers, consultants and paralegals, including a former Canadian visa officer.  We speak Mandarin and Cantonese.  We understand your culture, practices and beliefs.  We have the knowledge, experience and commitment to ensure that you have the best representation.

Whether your appeal stems from a Family Class sponsorship, a failed Residency Obligation, or Misrepresentation, we can advise you as to what evidence you will need to gather and present to the IAD and guide you so that you may obtain a successful outcome.

Regina Lee
Phone: 416-721-9932
Email: reginalee@mbb.ca