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Dave Law Professional Corporation
Dave Law Professional Corporation
Dave Law Professional Corporation
Canada’s immigration laws and policies constantly evolve in response to the changing political, economic, and international contexts. Therefore, it is essential to consult a competent immigration lawyer who is up to date with the latest developments and can guide you through the complex and sometimes frustrating immigration system.
An immigration lawyer is a professional subject to rigorous ethical standards and can provide comprehensive and personalized service throughout your immigration process, ensuring your immigration matter receives the necessary attention and care. An immigration lawyer can also help you deal with any problems that may arise during the process, such as refusals or delays, and can advise you on the best course of action to challenge an unfavorable decision.
At Dave Law, our lawyers are committed to holding the government accountable for its decisions and will explore every possible avenue to achieve your immigration goals.
A Canadian temporary visitor visa is an official document that allows foreign nationals from visa-required countries to enter Canada as visitors for up to 6 months. It is also known as a temporary resident visa (TRV) or visitor visa, placed in the applicant’s passport. A visitor visa does not guarantee entry to Canada, as a border services officer makes the final decision at the port of entry. A visitor visa is different from a visitor record, a document extending a visitor’s stay in Canada beyond the expiry date of their visitor visa. A visitor visa is required for people who want to visit Canada for various reasons, such as tourism, family visits, business, transit, or medical treatment. Canada is a country that welcomes people from all over the world who want to visit, study, or work here. If you like to visit Canada as a tourist, you may need a temporary visitor visa, depending on your country of origin. If you want to study or work in Canada, you may require a different type of visa, such as a study permit or a work permit.
A lawyer is not required to fill out a temporary visitor visa application. However, it may be helpful to consult one if the applicant has any questions or concerns about the process, the eligibility criteria, the supporting documents, or the chances of approval. A lawyer can also assist the applicant in case of a refusal or an appeal. A lawyer can provide legal advice and representation that can make the application process smoother and more efficient.
A Canadian temporary resident permit (TRP) is a document that allows a person who is inadmissible or does not meet the requirements of the Immigration and Refugee Protection Act or Regulations to enter or stay in Canada for a specific period of time. A person may need a TRP for various reasons, such as having a criminal record, a medical condition, or an expired visa. For example, if you find yourself in Canada without status or seeking to enter Canada but have been rendered inadmissible by prior criminality, medical reasons, or otherwise. A temporary resident permit may allow you to enter and remain in Canada for a period of time until your inadmissibility is overcome. A TRP is issued only if the person’s need to travel to Canada outweighs the health or safety risks to Canadian society. A temporary resident permit is granted at the discretion of an immigration officer and is subject to certain conditions. A TRP may be cancelled at any time by an officer and is no longer valid once the person leaves Canada unless they have been authorized to re-enter.
A lawyer is not required to fill out a temporary resident permit application, but it may be helpful to consult one. A lawyer can advise the person on how to present their case, what documents to provide, and how to answer questions from an officer. A lawyer can also help the person understand their rights and obligations as a TRP holder and assist them if they face any issues or complications during their stay in Canada.
An application for criminal rehabilitation is a process that allows people who have been involved in criminal activity outside of Canada to overcome their inadmissibility and enter or stay in Canada. The application for criminal rehabilitation is a way to overcome criminal inadmissibility to Canada because of past criminal activity. It is for people who have been convicted of or committed an offence outside of Canada that is considered a crime under the laws of the country where it occurred and would be punishable under Canadian law. If you have a criminal record from another country, no matter how minor, such as stealing or drunk driving, you may not be allowed to enter Canada. You may qualify for criminal rehabilitation if enough time has passed since your offence. To apply for criminal rehabilitation, a person must have completed their sentence at least five years ago and show that they have been rehabilitated and are highly unlikely to commit further crimes. You can apply to demonstrate that you are no longer a risk to Canada’s safety. At least five years must have passed since the end of the sentence imposed for the offence to be eligible for criminal rehabilitation. Criminal rehabilitation means the person is no longer considered inadmissible to Canada because of their past criminal activity.
A lawyer can help with the criminal rehabilitation application by providing legal advice, gathering relevant documents such as obtaining police certificates, court records, and other evidence of rehabilitation, preparing the application forms, and representing the person before the immigration authorities.
Authorization to Return to Canada (ARC) is a document that allows a person who was previously removed from Canada to re-enter the country. It is required for people who received a deportation order or a departure order that became a deportation order because they did not leave Canada within the required time. The type of removal order and the reasons for removal will determine whether an ARC is needed. It is not required for people who received an exclusion order or were removed as family members of someone who was removed from Canada.
The application process may vary depending on whether the person is applying for temporary or permanent residence in Canada and whether they need a visa or an electronic travel authorization (ETA) to enter Canada. To apply for an ARC, the person must complete an online application form, pay a processing fee, and provide a letter explaining why they should be allowed to return to Canada and any other supporting documents. An ARC is not guaranteed and is subject to the discretion of the immigration or border services officer. Once an application for ARC is granted, it will last forever and does not need to be applied for each time you re-enter the country.
A lawyer may be required for this process if the person needs legal advice or representation to explain their situation, address any inadmissibility issues, or appeal an unfavorable decision. A lawyer can also help the person gather evidence and prepare a strong case to show that they meet the criteria for an ARC and pose no risk to Canada. A lawyer can also communicate with the immigration authorities on behalf of the person and ensure that the application is complete and accurate.
A Response to Procedural Fairness Letter (PFL) is a document that you need to submit to Immigration, Refugees and Citizenship Canada (IRCC) if you receive a letter from them stating that there is an issue with your immigration application. Often, while processing your immigration application, an officer will have a question or concern that requires addressing before the application can continue to be processed. The letter will explain the reason for the concern and give you a chance to explain your situation, provide more information or evidence to address it, or correct any mistakes before IRCC makes a final decision on your application. The purpose of the letter is to ensure that you are treated fairly and that the decision on your application is based on accurate and complete information.
You may need a PFL if you apply for Canadian immigration under any category, such as economic, family, humanitarian, or refugee.
A PFL is not a refusal letter but a serious warning that your application is at risk of rejection. If you receive PFL, responding to it is often a short turnaround time. You should respond to a PFL as soon as possible, within the deadline given by IRCC. If you do not respond or fail to address the concerns raised by IRCC, your application may be refused, or you may face an allegation of misrepresentation, which can result in a five-year ban from applying for Canadian immigration.
The process of responding to a PFL depends on the nature of the issue that IRCC has identified. Some common issues that may trigger a procedural fairness letter are:
- Genuineness of your relationship in a spousal sponsorship application
- Medical or criminal inadmissibility
- Providing false or incomplete information in your application
- Credibility concerns regarding your employment or education history
- Security or human rights concerns relating to your previous activities or affiliations
A Response to a Procedural Fairness Letter is a serious matter that can affect the outcome of your immigration application. Therefore, depending on the complexity of your case, before responding to the letter, it is advisable to consult with an immigration lawyer who specializes in immigration law. A lawyer can help you avoid receiving a procedural fairness letter in the first place by ensuring that your application is complete, accurate, and consistent. A lawyer can also monitor your application status and communicate with IRCC on your behalf.
It is beneficial to have an immigration lawyer because an immigration lawyer can review your application, identify any errors or gaps, and help you understand the issue’s legal implications and possible consequences. Furthermore, a lawyer can advise you on the best strategy to respond and prepare the necessary documents and arguments to present your case. A lawyer can also prepare a professional and persuasive response that meets the requirements of the IRCC when communicating with the IRCC on your behalf. Additionally, a lawyer can help you if your application is refused and you decide to appeal or seek judicial review. A lawyer can represent you in case of further inquiries.
The Parent and Grandparent Program (PGP) is a category of Canada’s family-class immigration that allows Canadian citizens and permanent residents to sponsor their parents and/or grandparents to become permanent residents of Canada. The PGP is a popular and competitive program that allows families to reunite in Canada and enjoy the benefits of permanent residence, such as health care, education, and social services.
To apply for the PGP, potential sponsors must first submit an interest to sponsor form online and wait for an invitation to apply. The invitations are randomly selected and limited to a certain number each year. The sponsors must meet certain income and eligibility requirements and sign an undertaking to support their sponsored relatives financially for up to 20 years. The sponsored parents and/or grandparents must also pass medical, criminal, and security checks and pay the application fees and the right of permanent residence fee.
However, the application process can be complex and lengthy and may involve various documents, fees, medical exams, and police certificates. Complications or delays may arise depending on one’s circumstances or changes to specific programs. Given these challenges, it may be beneficial to have a lawyer who remains up to date on how this program is delivered and who can assist with preparing a complete and accurate application and follow-ups. A lawyer can also help with appealing a refusal or addressing any issues that may arise during the processing of the application.
Humanitarian and compassionate applications (H&C) allow people not eligible for other immigration programs to apply for permanent residence in Canada to request an exemption from some of the requirements of the Immigration and Refugee Protection Act (IRPA) based on their exceptional circumstances.
H&C applications are assessed on a case-by-case basis, taking into account factors such as how settled the person is in Canada, having strong ties to Canada, facing discrimination or violence in their home country, having a serious medical condition that cannot be treated in their home country, or having Canadian-born children who would suffer if separated from their parents, the best interests of any children involved, and the hardship they would face if they had to leave Canada. People who can apply for H&C include those who are in Canada without legal status, those who are inadmissible for medical or criminal reasons, or those who face hardship or danger in their home country. However, there are some restrictions and limitations on who can apply for H&C. Some people may not be able to apply for H&C consideration due to certain restrictions, such as having a pending or rejected refugee claim, being a designated foreign national, or having a removal order.
H&C applications are not a regular means of immigration and are only granted in rare cases where there are sufficient and compelling reasons to justify an exemption from the standard requirements of the Immigration and Refugee Protection Act or Regulations. H&C applications can be complex and challenging, requiring a lot of evidence and documentation to support the claim. It is beneficial to have a lawyer who remains up to date on the latest developments and changes in immigration law and policy to help prepare a strong and persuasive case with supporting evidence.
Often, applications are refused due to human error or a misapprehension by the reviewing officer of the facts in a case. Before abandoning an application or committing to a new legal process, consider asking counsel to request that an application be reconsidered.
A Request for Reconsideration is a way to ask an immigration officer to review a refused immigration application again. You may want to request reconsideration if you think the officer made a mistake or did not receive all the relevant information. A request for reconsideration can be made for any type of immigration application, such as a visitor visa, a study permit, a work permit, or permanent residency. However, there is no guarantee that the officer will accept your request or change the decision. A Request for reconsideration must be made in writing and sent to the office that handled your original application. You need to include your full name, date of birth, immigration file number, and a detailed explanation of why you deserve reconsideration. You also need to provide any new documents or evidence supporting your request. There is no deadline or fee for requesting reconsideration, but you should do it as soon as possible after receiving the refusal. A Request for reconsideration does not guarantee that the decision will be changed. The immigration officer has much discretion in deciding whether to accept or reject the request. The chances of success are low unless an error was made by Immigration, Refugees and Citizenship Canada (IRCC) or the applicant has compelling reasons and documents to show that they meet the requirements.
A Request for reconsideration is one of several options to overcome a refusal. A Request for reconsideration differs from an appeal or a judicial review, which are more formal and complex legal processes. In some cases, the applicant may also be able to appeal to the Immigration Appeal Division or file a judicial review at the Federal Court. These options have formal rules and deadlines that must be followed. They can also be complicated and costly. An appeal is a formal process that involves challenging the decision before an independent tribunal or court. An appeal can only be made in certain cases, such as spousal sponsorship, residency obligation, or admissibility hearings. An appeal has specific rules and deadlines that must be followed. For example, an appeal to the Immigration Appeal Division must be filed within 30 or 60 days of the decision, depending on the type of case. An appeal to the Federal Court must be filed within 15 or 60 days of the decision, depending on whether the applicant is in Canada or outside Canada. An appeal can also be complicated and costly. Therefore, having a lawyer for a successful application may be beneficial. You may benefit from having a lawyer to help you with these options. A lawyer can advise you on the best legal strategy to overcome the refusal and represent you in court if necessary.
If a Request for Reconsideration is unavailable, often the only recourse to challenge a refusal of an immigration matter is to commence an application for judicial review at the Federal Court. Judicial review is a process by which an applicant can challenge an immigration decision made by an officer or a tribunal in the Federal Court of Canada. A person can apply for judicial review if they believe the decision was unfair, unreasonable, or unlawful.
However, judicial review is not a straightforward process. There are many challenges and risks involved in applying for judicial review. For example, the person has to file an application within a strict deadline. To apply for judicial review, the applicant must first obtain leave, which means permission from the court to proceed with the judicial review. The applicant must show the court that the decision was not fair or reasonable or that there was an error. The court will review the documents related to the case and decide if there is an error or unfairness in the decision. The court does not grant leave in most cases. If leave is granted, the court will schedule a hearing where the applicant can present oral arguments and explain why the decision should be overturned. Judicial review can be applied to various immigration decisions, such as refugee claims, citizenship applications, and visa refusals.
Another challenge is that the court does not re-evaluate the facts or evidence of the case. The judicial review is not an appeal and does not guarantee a positive outcome. The court only examines whether the decision maker made a legal error or acted unfairly. The court can only quash (cancel) the decision and return it to the officer or tribunal for reconsideration or dismiss the application and uphold the decision. The court does not substitute its own opinion for that of the decision maker. Therefore, even if the person disagrees with the decision, they may not succeed in judicial review.
Furthermore, judicial review can be costly, time-consuming, and take several months to complete. It can be a complex and lengthy process that requires legal knowledge and expertise. Therefore, it is beneficial to have a lawyer who can assist the applicant with preparing and filing the application, gathering evidence, obtaining and submitting relevant documents, making submissions, and representing them at the hearing.
If you have received an unfavorable decision on your immigration application, you may be able to appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB). If your overseas spousal sponsorship is refused, your permanent residence is revoked, or you are found to be offside of your residency obligations as a permanent resident, you may have an opportunity to appeal your decision at the IAD. The IAD can hear appeals from permanent residents, Canadian citizens, and some foreign nationals. IAD hears these appeals and decides whether to uphold, set aside, or send back the decision for reconsideration. However, not all immigration decisions are appealable to the IAD. For example, you cannot appeal a refusal of a visitor visa, a work permit, or a study permit.
Appealing to the IAD can be a complex and lengthy process. You must file a notice of appeal within a specific time limit and provide supporting documents and evidence to prove your case. You may also have to attend a hearing where you or your representative will present your arguments and answer questions from the IAD member. The IAD member will then decide whether to allow or dismiss your appeal.
There are many challenges that you may face when appealing to the IAD. For instance, some of the challenges that may arise in an appeal process include proving that there are sufficient humanitarian and compassionate grounds to allow the appeal, providing credible and relevant evidence to support the case, and meeting the deadlines and requirements for disclosing documents. You may also encounter legal issues that require specialized knowledge and expertise, such as interpreting the immigration law and regulations, applying the relevant case law, addressing the grounds of inadmissibility or removal, and responding to any arguments or evidence presented by the Minister’s counsel, who represents the government and argues against your appeal.
Therefore, having a lawyer who can assist you with your appeal to the IAD is helpful. A lawyer can help you understand your rights and options, prepare and file your notice of appeal with supporting documents, gather and present evidence, prepare and question witnesses, make legal submissions, and represent you at the hearing. A lawyer can advise you on your appeal’s possible outcomes and risks and explore alternative options.
An Admissibility Hearing is a hearing before the IRB’s Immigration Division to determine whether a person is inadmissible to Canada for reasons such as security, criminality, human rights violations, misrepresentation, or non-compliance with the Immigration and Refugee Protection Act (IRPA). An admissibility hearing is a process where the Immigration Division of the Immigration and Refugee Board of Canada (IRB) decides if a foreign national or a permanent resident can enter or remain in Canada.
Generally, depending on the circumstances of each case, an admissibility hearing is required when the Canada Border Services Agency (CBSA) or Citizenship and Immigration Canada (IRCC) may request an Admissibility Hearing if they have reasonable grounds to believe that a person is inadmissible to Canada because the person has violated the Immigration and Refugee Protection Act (IRPA) in some way, such as by being a security threat, engaging in crime or misrepresentation, or having a health condition.
An admissibility hearing is an adversarial and public proceeding where the Minister’s counsel presents the reasons for the person’s inadmissibility, and the person or their counsel responds. The IRB member then makes a decision based on the evidence and issues an order that either allows or denies the person’s entry or stay in Canada. Depending on the outcome of the hearing, the person may also be subject to detention or removal. Some removal orders can be appealed to the Immigration Appeal Division (IAD) of the IRB, while others may be subject to judicial review by the Federal Court.
An admissibility hearing can be challenging for the person facing it, as they have to prove that they are not inadmissible and meet the requirements of IRPA. Some of the challenges that may arise in an admissibility hearing include presenting evidence and witnesses to counter the allegations of inadmissibility, understanding the legal issues and procedures involved, and dealing with any language or interpretation barriers.
If you are ordered to appear before the Immigration Division for an admissibility hearing, this may be your last chance to have allegations of your inadmissibility to Canada reconsidered. Putting your best foot forward is essential, as well as ensuring that all the relevant information and evidence is before the decision-maker. It can be advantageous to have a lawyer for a successful application, as a lawyer can help prepare the case, provide legal advice and representation, present evidence and arguments, help prepare and submit documents, communicate with the IRCC or the IRB on behalf of the client, protect the person’s rights and advocate for their best interests in a hearing or a meeting. A lawyer can also advise the person on their options and possible outcomes of the hearing.
If you have fled your country of origin for any number of reasons, you are eligible to make a refugee claim to remain in Canada as a protected person. A refugee claim is a request for protection from Canada by someone who fears persecution, faces a risk of torture, death, or cruel treatment, or risks serious harm in their home country. A refugee claimant can make a claim at a port of entry or at an inland office of Immigration, Refugees and Citizenship Canada (IRCC). The claim is then referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB), an independent tribunal that decides whether the claimant meets the definition of a refugee or a person in need of protection under Canadian law.
A refugee claimant who is not satisfied with the decision of the RPD can appeal to the Refugee Appeal Division (RAD) of the IRB in most cases. The RAD is a paper-based appeal process allowing the appellant to submit new evidence that was not reasonably available at the RPD hearing. The RAD can confirm, set aside, or send back the RPD decision for re-hearing. The RAD can also hold an oral hearing in exceptional circumstances, such as when there is a serious credibility issue or a matter of general importance to the refugee determination system.
A person who makes a refugee claim in Canada needs to prove that they have a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group. They also need to show that they are unable or unwilling to return to their home country because of that fear. A refugee claimant may face many challenges in their claim, such as proving their identity, providing documentary evidence of their situation, explaining any inconsistencies or gaps in their testimony, meeting the legal criteria for refugee protection, proving the credibility and validity of the claim, providing evidence and documentation to support the claim, meeting the deadlines and requirements of the IAD, and facing possible removal from Canada if the claim is rejected. A refugee claimant may also face barriers such as gathering evidence, meeting deadlines, filling out forms, and attending hearings, language, culture, trauma, health issues, or lack of resources. That is why it is crucial for a claim’s success to have an experienced lawyer who ensures that your claim is presented correctly at the outset and at your refugee hearing. Because with experience and expertise, a lawyer can help the refugee claimant understand their rights and obligations, prepare their case, and represent them before the IRB or the IAD. A lawyer can help the claimant prepare their forms and documents, gather relevant evidence, research country conditions, present their case before the RPD or the RAD, and advise them of their rights and obligations throughout the process. A lawyer can advise the refugee claimant on other options or remedies if their claim is rejected. If necessary, a lawyer can also represent the claimant in any judicial review applications to the Federal Court.
Even if you presented a strong case with convincing arguments, documents, and testimonies, the outcome of your refugee hearing may not be favorable. The adjudicator who assessed your case may have doubted some of the facts you stated, your evidence may have seemed contradictory, or there may have been insufficient grounds for your claim to be accepted.
Whatever the reason, if your refugee claim is refused by the Refugee Protection Division (RPD), you have an opportunity to challenge that refusal at the Refugee Appeal Division (RAD).
The Refugee Appeal Division (RAD) is a division of the Immigration and Refugee Board of Canada (IRB) that reviews decisions made by the Refugee Protection Division (RPD) to accept or reject claims for refugee protection. Depending on whether it finds any errors in law or fact, the RAD can confirm, set aside, or refer back to the RPD decision based on the documents and evidence provided by the parties involved. Most appeals are decided without a hearing, usually based on written documents, except in exceptional cases.
If your claim is accepted, IRCC or the CBSA may appeal to the Refugee Appeal Division (RAD) or seek leave for judicial review at the Federal Court within 15 days. If this occurs, you will be notified and given the opportunity to respond. You will get “protected person” status if you receive a favorable decision. If the Minister does not appeal within 15 days, you can stay in Canada and may be eligible to apply for permanent residence.
If your claim is rejected, you may choose to leave Canada voluntarily. The Notice of Decision will indicate whether you can appeal to the Refugee Appeal Division (RAD) or make an application to the Federal Court for judicial review. If you are eligible, you must file your appeal within 15 days of receiving your Notice of Decision and reasons for the decision.
A RAD appeal is an overwhelming, complex, and technical process. Some of the difficulties in making a successful appeal are meeting the strict deadlines, proving that the RPD decision was wrong in fact, or law, or both, and showing that the new evidence is relevant and credible. It would be helpful to have the assistance of an expert immigration lawyer who makes sure that you comply with the relevant deadlines, properly canvass whether new evidence can be submitted or should be submitted, and deal with any other issues that may arise in the best possible way.
Like any appeal, RPD appeal involves challenging legal concepts that need to be understood and addressed correctly. A competent immigration lawyer can help you identify the issues, gather the necessary information and documentation, and present your case effectively. A lawyer can assist you in appealing an unfavorable RPD decision by preparing and submitting your appeal documents, presenting new evidence unavailable at the RPD level, and arguing your case before the RAD if there is a hearing.
A stay of removal is a temporary postponement of a removal order that allows a person to remain in Canada for a certain period of time. A stay of removal does not cancel the removal order or grant permanent status in Canada. A person may apply for a stay of removal for various reasons, such as humanitarian and compassionate grounds, risk of persecution or torture, or pending legal proceedings.
Not everyone can apply for a stay of removal. Only persons with a valid removal order and a scheduled removal date can file a motion for a stay of removal at the Federal Court of Canada.
A stay of removal is not easy to obtain. The person must show that they will suffer irreparable harm if they are removed from Canada and that the balance of convenience favours granting the stay. The court will consider various factors, such as the risk of harm, the best interests of any children involved, the strength of the underlying case, and the public interest.
A stay of removal is helpful because it gives the person more time to pursue other legal options, such as appealing the removal order, applying for permanent residence on humanitarian and compassionate grounds, or seeking protection as a refugee. A stay of removal also allows the person to maintain their ties and connections in Canada while their case is pending.
Having a knowledgeable lawyer for a stay of removal is helpful because a lawyer can advise the person on the merits and chances of success of their motion, prepare the necessary documents and evidence, and represent the person at the court hearing. A lawyer can also help the person explore other possible remedies or alternatives to avoid removal from Canada.
If you want to come to Canada, you may face some barriers because of your past or present situation. For example, you may have a criminal record, a health problem, or another issue that makes you inadmissible. It is essential to understand your rights, how to overcome such inadmissibility, how to deal with these barriers, and most importantly, how to pre-empt any concerns of inadmissibility in other applications in the future when you apply for immigration programs by disclosing any relevant information to the authorities.
Inadmissibility to Canada is a term that describes the legal status of a foreign national or a permanent resident who is not allowed to enter or stay in Canada for various reasons. Some of the common grounds for inadmissibility are criminality, security, health, misrepresentation, or non-compliance with the Immigration and Refugee Protection Act (IRPA), having an inadmissible family member, or human or international rights violations.
A person who is inadmissible to Canada may apply for a Temporary Resident Permit (TRP) to overcome their inadmissibility for a specific period of time and for a specific purpose. However, these applications are not easy and may involve complex legal issues and procedures. Applying for these permits can be challenging and complex, as they require a lot of documentation and evidence to prove that the person’s presence in Canada is justified. Moreover, TRP is a discretionary document that may be granted by an immigration officer based on the balance of the applicant’s need to enter or stay in Canada and the risk they pose to Canada.
TRP application can be challenging and overwhelming because it requires a strong justification and supporting evidence to convince the immigration officer that the applicant deserves a TRP. Therefore, having an expert lawyer who specializes in Canadian immigration law to assist you with your application and represent you before the immigration authorities can be helpful because a lawyer can advise the applicant on the best strategy and arguments to present their case, as well as prepare and submit the application and supporting documents on their behalf. A lawyer can also communicate with the immigration authorities and represent the applicant in any hearings or interviews if needed.
For more information, please visit https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons.html
Access to Information and Privacy (ATIP) Online Requests are a way to obtain information about Canadian immigration processes, policies, and decisions under the control of Immigration, Refugees and Citizenship Canada (IRCC). By making an ATIP request, you can, in most cases, obtain access to your immigration profile, which can help identify weaknesses or concerns in your future applications. Anyone who is a Canadian citizen, a permanent resident of Canada, or an individual or corporation currently present in Canada can make an ATIP. If you are outside of Canada, you can ask a representative who meets these criteria to make an ATIP on your behalf with your written consent. ATIPs can help you get information about your immigration application status, the reasons for any delays or refusals, the notes and comments made by immigration officers, and any other relevant documents. However, there may be some challenges in making an ATIP, such as long processing times, incomplete or redacted information, or fees and forms. You do not need a lawyer to make an ATIP, but it may be beneficial to have one if you are not familiar with the process, if you require assistance in interpreting the information you receive, or if you want to use the information for legal purposes such as appealing a decision or filing a complaint.
For more information, please visit https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/access-information/request-information.html
A pre-removal risk assessment (PRRA) is a process that allows individuals who are facing removal from Canada to apply to seek protection by describing, in writing, the risks they believe they would face in their country of origin if removed. According to the Government of Canada, a PRRA is important to make sure that people are not being removed from Canada to a country where they would be in danger of torture, persecution, or cruel and unusual treatment or punishment.
A PRRA officer will assess the risk of persecution, torture, cruel and unusual treatment or punishment, or danger of life or security that the person may face. The PRRA is not an appeal. It does not consider humanitarian and compassionate factors and does not automatically stop the removal order. The PRRA is a last resort for people who have no other legal options to remain in Canada.
For a PRRA application, you must meet certain eligibility criteria, such as not having made a refugee claim in Canada or another country, not being subject to an extradition order, not being found inadmissible on security grounds, and not having had a previous PRRA application rejected or cancelled within the last 12 months. To apply for a PRRA, you must receive a notification from the Canada Border Services Agency (CBSA) that you are eligible. You must then submit your application form and written submissions (if any) within a described timeframe to the Immigration, Refugees and Citizenship Canada (IRCC) Humanitarian Migration office either online or by mail. You will need to demonstrate that you have a well-founded fear of returning to your home country and that you cannot seek protection there.
The PRRA is assessed with respect to whether the applicant’s return to their country would subject them personally to a danger of torture or a risk to life, or of cruel and unusual treatment or punishment, or whether the applicant has a well-founded fear of persecution in their home country based on their race, religion, nationality, political opinion or membership in a particular social group. Because of this fear, they are unwilling or unable to return to or seek protection in that country.
A PRRA can be challenging because you have to provide evidence of the risks you face and how they affect you personally. You also have to show that the risks are present in every part of your country and that they are not caused by legitimate sanctions or not caused by the inability of the government to provide adequate health or medical care.
A PRRA can also be time-sensitive because you have to submit your application within a certain deadline after receiving the notification from CBSA.
If your PRRA application is approved, you may be granted protected person status and be allowed to stay in Canada. You may also be eligible to apply for permanent residence as a protected person. You can apply for permanent residence at any time after being notified by the Immigration and Refugee Board (IRB) or IRCC that you are a Protected Person unless you have been named a Designated Foreign National (DFN).
If your PRRA application is refused, you will be subject to removal from Canada, and you will not be able to apply for another PRRA for 12 months unless there is a change in your personal circumstances or the situation in your country of origin. In some cases, you may be able to appeal the decision or apply for other forms of relief.
A PRRA is a serious and complex matter that can affect your life and future. Applying for a PRRA can be an intricate and challenging process that requires careful preparation and documentation of your case. Applicants may benefit from hiring a competent lawyer who can assist them with preparing and submitting their PRRA application and represent them at a possible PRRA hearing. A lawyer can help applicants by advising them on the legal and procedural aspects of the PRRA process, gathering and analyzing evidence to support their claim of risk, drafting persuasive written submissions that highlight the relevant facts and law, communicating with the PRRA officer on their behalf, preparing them for a possible PRRA hearing and advocating for them at the hearing. A lawyer can also advise applicants on other possible options or remedies that may be available, such as applying for a stay of removal, seeking judicial review, or requesting humanitarian and compassionate consideration.
For more information, please visit https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/after-apply-next-steps/refusal-options/pre-removal-risk-assessment.html
If you are a Canadian citizen or permanent resident, married to, or in a common law relationship with a foreign national, you are likely eligible to sponsor them to come to Canada and obtain permanent residence as your partner. A spousal sponsorship application is a type of immigration application that allows a Canadian citizen or permanent resident to sponsor their spouse or common-law partner to live with them in Canada. To apply, the sponsor and the sponsored person must prove that their relationship is genuine and not for immigration purposes. They must also meet certain eligibility criteria, such as income, health, and criminality.
The sponsor is financially responsible for the person being sponsored for three years after they become a permanent resident. This means that if the sponsored person receives social assistance from the government, the sponsor will have to repay it.
The sponsor and the sponsored person must prove that their relationship is genuine and not primarily for immigration purposes. They may have to provide evidence such as photos, correspondence, travel records, and joint bank accounts. An immigration officer may also interview them to verify their relationship. The application can be refused if the immigration officer is not satisfied with the evidence of the relationship or the eligibility of the sponsor or the sponsored person.
Some of the challenges of a spousal sponsorship application are the long and unpredictable processing time depending on the country of origin of the person being sponsored, the completeness of the application, and the volume of applications received by Immigration, Refugees and Citizenship Canada (IRCC), the complex documentation requirements, the possibility of refusal or appeal, and the emotional stress of being separated from your partner. Therefore, it is advisable to hire a competent lawyer who can help you prepare a strong and complete application, avoid common mistakes and delays, and represent you in case of any issues or disputes with the immigration authorities.
For more information, please visit https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children.html
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