Removals from Canada are the last legal procedure for unsuccessful immigrants and visitors, most of whom have exhausted all legal remedies to stay in Canada. However, one does not have to be discouraged from trying to defer their removal, if
The Abandoned Refugee Claim
The new refugee reform, which is not that new anymore, was introduced to make our refugee system faster and more efficient. It was also introduced to discourage those who, in the opinion of the Conservative government, were taking advantage of
Avoiding Mistakes in Sponsorship of Spouses’ Applications
You, a Canadian citizen or permanent resident in Canada, married a foreigner and think that you have an absolute right to bring your spouse to Canada and live happily ever after. However, it is not quite as simple as that.
Why is it hard to overrule a decision made by a particular tribunal?
My clients are often under the impression that any decision of a tribunal, whether it is the Immigration Division, Refugee Board or Immigration Appeal Division can be automatically appealed, if the case is lost in the first instance.
How to win the appeal case at the beginning of the hearing
Recently, my office was hired for a residency obligation appeal at the Immigration Appeal Division. The appellant was a young lady, a permanent resident who was residing in Canada for around three or so years and who happened to travel
Extraordinary Twists In An Seemingly Ordinary Spousal Sponsorship
When a spouse retains my firm for sponsorship (a Canadian spouse wishes to bring their foreign wife/husband, common-law partner or conjugal spouse), my first concern is to know the country of nationality of the foreign spouse. If they are
To appeal or not to appeal. That is the question.
In Immigration Appeal Division (IAD) you can appeal a negative decision on a sponsorship refusal (if you sponsor your wife/husband or parents), permanent residency obligations (when a permanent resident loses their status due to lack of physical presence in Canada),
Permanent Resident Card and When it Needed
Many of my clients are under the impression that the renewal of their permanent resident cards (PR Card) are mandatory upon its expiry. This is wrong as you only need your PR Card when travelling outside of Canada. It is
Is it possible to file an application to sponsor your parents or grandparents? Sponsorship of Parents and Grandparents program/ Super Visa Program.
Unfortunately the program, “Sponsorship of Parents and Grandparents”, is closed for 2016. Immigration, Refugee and Citizenship Canada, has reached its goal to take 5000 applications for this year. In fact, more applications are now in que in our case processing
Some key elements to consider for the appeal hearing at the IAD
Your focus when you and your counsel prepare for the hearing will depend on the type of the application, whether it is a spousal appeal (your wife/husband or spouse has been refused a permanent residency in Canada), criminal inadmissibility (a
Some hopes for International Students in Canada who wish to obtain a permanent residence
When you study in Canada and like the country, you naturally consider staying here and making it your home. As of yet, we have never had a separate program for international students with a path towards residency. At present time
Liberals bring changes into immigration laws and policies
We immigration professionals used to call our Canadian immigration ministry, “Citizenship and Immigration Canada”. It has not been changed for years. Oh, well, now it has a new name, which, I guess, better represents what that governmental department does, namely
Latest glance at immigration opportunities in Canada.
Some international students who receive an education in Ontario have difficulties in applying for a permanent residence under either experienced class or skilled workers category. Well, they might consider relocating to Manitoba. The first step would be to search
How to make winning submissions for pre-removal risk assessment cases.
Under Canadian law, any foreign national, whether they are unsuccessful refugee claimants or visitors, have rights their situation be assessed for risk to life, if they face deportation. We had a client who initially was recognized as a convention refugee,
Common mistakes on Sponsorship applications for parents
These are some of the most common mistakes I have encountered in sponsorship applications for parents, which are very easy to avoid. The most common mistake, which leads to the refusal of these types of application, is the lack or
Immigration news on provincial nominees’ programs
Nova Scotia again opens its doors for prospective immigrants who can establish their businesses in the province. This program existed before, but was closed due to the limitations of candidates. Now, the province will be opening it again and the
What is a well-founded fear of persecution in gender-related refugee claims?
Women can suffer from persecution because of their sex. Each country has specific laws related to women in terms of how women should be treated by men. The laws are sometimes based on traditions and culture in that particular country.
Gender-Related persecution in refugee claims in Canada
The UN recognizes that the general approach to refugee claims from men’s prospective would be wrong and that women, homosexuals and also men, if their claim has to be seen from a gender prospective, deserve to be assessed with the
Questions any refugee claimant has to expect while at the interview at the Canadian port of entry.
Theoretically, if one would like to make a refugee claim, they can do it in our in-land office, after arriving at the airport or any other port of entry. Practically, immigration authorities expect anyone who has intentions other than visiting
Breaking down a definition of a Convention Refugee
Who can be considered as a refugee in Canada? According to the 1951 Convention Relating to the Status of Refugees, a refugee is “someone who is unable or unwilling to return to their country of origin owing to a well-founded