2 or 5 Year Ban for Misrepresentation ?

The current legislation sets the period of inadmissibility to Canada for persons who have been found inadmissible due to misrepresentation to five (5) years. The current law came into effect on November 21, 2014. Prior to that, the period of inadmissibility was 2 years. The Government was enforcing the five year ban on everyone who…


IMMIGRATION ECONOMIC INITIATIVE – Temporary public policy issued to provide permanent residence to out-of-status construction workers in the Greater Toronto Area, July 5, 2019.

In the stated Objectives of Canadian immigration law, found in s.3 (1) of the Immigration and Refugee Protection Act, there are several references to the objectives being economic in nature. The Objectives talk about the need to pursue the “economic benefits of immigration” and to “support the development of a strong and prosperous Canadian economy”….



The overriding issue in “spousal sponsorships” is the question of the genuineness of the marriage. Clients often ask, “ we have a genuine relationship” but how do we prove it?  First, you should understand that the following provision of the Immigration and Refugee Protection Regulations defines what is meant by a “non-genuine relationship”; Bad faith…


Federal Court overturns refugee decision for inappropriate application of Gender Guidelines

The Gender Guidelines were established by the Immigration and Refugee Board, in recognition  that women asylum claimants fearing gender-related persecution face specific  problems at refugee hearings. The Board introduced the Guidelines  as to how individual members should conduct claims to ensure that evidence is adduced and evaluated with sensitivity and to avoid re-traumatizing claimants. The…

Process for getting LMIAs should change – Law Times (Feb 4, 2019)

Process for getting LMIAs should change – Law Times (Feb 4, 2019)

The process for obtaining a Labour Market Impact Assessment must change to better reflect the reality of global commerce, according to a Toronto immigration lawyer. Positive LMIAs are required to obtain work permits for some applicants entering Canada under the Temporary Foreign Worker Program, but Wennie Lee, principal at immigration law firm Lee and Company,…


Restoration of Temporary Resident Status

Every now and then we receive a panic telephone call from a client who has forgotten or has otherwise been unable to extend his  temporary resident status in Canada [Temporary Residents are people who are in Canada as visitors, on work permits, or study permits]. Fortunately, the law allows for Restoration of Temporary Resident status….


GTEC (Greater Toronto Enforcement Centre) INTERVIEWS

When people receive letters to attend at the GTEC (CBSA) they panic and they think that it is over, that they will be removed immediately.  First, you need to be assured, that this is not necessarily the case, despite the letter generally stating that the your Removal Order is now effective and/or  you are removal…


MISREPRESENTATION- – Altered passport stamp– Citizenship Act, s.22(1)(e.1)

Hoseinian v. Canada (MCI), 2018 FC 514, Grammond J. Our client applied for Canadian citizenship. During the processing of her application, a document analyst discovered that an Iranian entry stamp on her passport had been altered. This raised doubts as to the duration of the applicant’s residence in Canada in the four years preceding her…