In the Immigration and Refugee Protection Regulation [IRPR], Parliament created Division 2 – Application for Work Permit to include a way for Canadian employers to be able to fulfill their labour needs when they are unable to do so by relying exclusively on the pool of labour available in Canada. One of the principal ways…
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….
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…
What used to be known as a Minister’s Permit, since the coming into force of the current Immigration and Refugee Protection Act (IRPA), is now known as a Temporary Resident Permit. This is often confused by many with the Temporary Resident Visa, or a mutation of it. It is neither. What it is can be…
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…
Huang v. Canada (MPSEP), 2018 FC 446, Country: China, Barnes J. (April 25, 2018) Our client was scheduled to be deported. His wife was a Canadian permanent resident and together, they were parents of a six year old boy. We made a request for a deferral of his removal – based primarily on the principle…
The answer, it depends. If the child is born outside Canada and they have a genetic link with a parent who is a Canadian citizen, the child is a Canadian citizen by descent. However, if the child is born through surrogacy arrangements but there is no genetic link, then the child may not be eligible…
A recent decision of the Federal Court may be of interest to those who may be able to apply for Canadian immigration under the current Express Entry regime, in the Canadian Experience Class, or need letters to support their work experience. For an officer to assess whether one is eligible to apply for permanent residence…
MINOR OVERSIGHTS CAN LEAD TO FINDINGS OF MISREPRESENTATION WHICH CAN LEAD TO A FIVE (5) YEAR BAN Immigration authorities has become increasingly aggressive, to the point that they try to make a minor oversight, a reason to find applicants inadmissible for 5 years. Our office is seeing this happen more often to persons seeking entry…
Beginning January 1st, 2015, the application fee to apply for citizenship will increase to $530 for each adult applicant. Many other changes beyond application fees are being introduced that will have more significant impact on the nature of Canadian citizenship. In the coming days, we shall post blogs in regard to the major changes that have been made in Canada’s Citizenship law,…
As promised, we will discuss in greater detail one of the biggest problems that the section of the new Citizenship Act, which is not yet in force, will present to applicants for Canadian citizenship. The problems are to be found in S. 3 (C) (c.1) of the new Act, which reads: (c) is a permanent resident…
As a firm who handles immigration litigation, one of our long time challenges has been to respond to clients who are told that pursuing litigation of negative decisions by immigration officials is futile. We have always stated that it is not. Citizenship and Immigration Canada (CIC) does make mistakes, and the following article by Nicholas…
