Canada Immigration Information

Aside from appeals, there are other types of litigation that often arise with regards to immigration that are usually put into the category of hearings.  Canadian immigration lawyers can be of assistance with these types of cases also, which are typically held before the Immigration and Refugee Board (an administrative tribunal).  There are some instances, however, where these cases are reviewed by immigration officers.  The hearing process may also involve testifying before a decision-maker.

Refugees
A refugee is defined as someone who has a legitimate reason to fear for their life or safety in their own country.  In these cases if the person’s home country has authorities that are unwilling or unable to provide for their protection adequately.  Canadian immigration lawyers often help with these types of cases since Canada has a long-standing tradition of showing humanitarian compassion to these types of individuals.  Potential refugees can apply for refugee status to receive surrogate protection from the Canadian government prior to entering Canada or once already in the Country.

A person claiming to be a refugee in Canada must present evidence to support their case based on one of three criteria where refugee protection is granted:  1) facing persecution based on race, religion, nationality, social group membership or political opinion in their home country, 2) facing the possibility of torture in their home country, or 3) facing a risk to their life or even cruel treatment or punishment in their home country.

A Canadian immigration lawyer can help a person begin the process of claiming refugee status either upon entering the country or once they have already arrived.  Applicants will have the chance to go to the Refugee Protection Division of the Immigration and Refugee Board to attend a hearing. Once there they will have the opportunity to lay out their case to a Board Member whose decision it will be determine if refugee protection will be granted.

If an applicant looking for refugee status is found to be in need of this protection by Canada they will be allowed to seek permanent residence in the country.  Should the claim be denied, a Canada immigration lawyer may then help applicant file an appeal with the Federal Court of Canada.

Admissibility
Certain foreign nationals legally inadmissible to Canada (includes those who have previously received temporary or permanent resident status in Canada).  Included in this category are those who have criminal convictions, have not complied with the terms and conditions of their admission into the country, have not properly represented who they are to immigration authorities, and those falling into other categories as well.  A Canada immigration lawyer can help those who are suspected of having misled immigration authorities with preparations for an inadmissibility hearing which they may be required to attend before the Immigration and Refugee Board.  The hearing will be held to decide if the person is indeed inadmissible and will be required to leave Canada.  Evidence may be presented to show that the person is admissible.  In the end the Board Member will make the final decision.  If a person is found inadmissible a removal order will be issued and that person will have to leave Canada.  There are cases where such an order can be appealed or challenged via a judicial review.

Detention Review
If immigration authorities believe a foreign national (includes temporary and permanent residents) poses a danger to the public they will be detained.  A Canada immigration lawyer will also tell you that this can happen if the person’s true identity is called into question.  The detention will be reviewed by a judge at a hearing who will want to look at the reasons why the person was held by immigration authorities.  At this hearing the detainee is allowed to show why they should not be detained as well present an offer to post bail for their release.  When first detained a detention review hearing is held within 48 hours by the Immigration Division of the Immigration and Refugee Board.  The person could be released at this first hearing, if not, the next hearing will be 7 days later (further review hearings will be held every 30 days).  During each hearing the Board Member will review the evidence present and make a determination on whether the person can be released at that time or not.  A Canada immigration lawyer can often be of great assistance in such a scenario.

Interviews with Immigration
In certain cases an applicant or a person of interest to immigration authorities may be called in for an interview with an immigration officer.  These interviews are to gather information and/or to allow a person a chance to respond to any concerns Immigration has regarding them before making a decision on their case.  These interviews are important to the potential approval of an application so it would be wise to bring a Canadian immigration lawyer to represent you when attending such an interview.

A Canadian immigration lawyer may be able to assist you with learning what a Canada Family Sponsorship is all about.  In short, this is where citizens of Canada (or permanent residents) may sponsor specific members of their family for the purposes of immigrating to Canada as permanent residents.

In order to become a sponsor, one must be a Canadian citizen (or permanent resident), be 18 or older, live in Canada, and have the income to support the relatives they intend to sponsor once they arrive.  The sponsor will be required to enter into a written agreement with the government stating that they will support their relatives for a period of at least 3 years.  The 3 year rule applies to common-law partners, conjugal partners, and spouses; the period will extend to 10 years if the relative does not fall into the previously mentioned categories.

The following is a list of the specific types of relatives which can be sponsored under the family class category:

Spouse: This term applies specifically to a husband or wife.  This requires the pair to be legally married.  The marriage does not have to take place in Canada as long as it is classified as legal in the country where it took place.

Common-law Partner: If a sponsor has been living with a person for a period of at least one year in a relationship that is conjugal they are classified as common-law partners.  This relationship is considered to be similar to a marriage.

Conjugal Partner: If a sponsor has been in a relationship with a person that is similar to marriage but has not lived with them for at least a year (due to extenuating circumstances), this is classified as a conjugal partner.
Children:    A Canadian immigration lawyer can also assist a citizen in sponsoring a dependent child who is 22 or younger.  Any child over this age and a child who is married can also be sponsored, but they must be full-time students in addition to being dependent financially on the sponsoring parent.

Parents: A parent may also be sponsored (mother or father) and may also bring along their own dependent children, which are the siblings of the sponsor.  This is a legal way of also sponsoring brothers or sisters who are looking to become permanent residents of Canada (if under 22 or over 22 and full-time students).
Grandparents:    A sponsor may also sponsor their grandfather or grandmother.

Orphans: A sponsor may also bring in an orphan, which is one whose parents are no longer living.  A sibling, niece, nephew, or grandchild may be sponsored as long as they are 18 years old or younger.
Adopted Children:    Anyone 18 years old or younger and will be adopted by the sponsor may also enter Canada under the Family Class category.  A Canada immigration lawyer may also assist with this process as well.
Other Relative:    In a case where a sponsor has no relative that fits into any of the above categories which currently reside in Canada or abroad, the person may then act as sponsor to any relative without regard to their age.

Spousal Sponsorship
In most cases an application to sponsor will require that the sponsor live in Canada and the person(s) being sponsored must stay abroad while being processed for approval.  A Canada immigration lawyer will advise that this stipulation be adhered to so as not to jeopardize the person’s likelihood of receiving the necessary visa allowing them to enter Canada.  The only exception would be if the person fell into the in-land spousal sponsorship category.  In this category the person (who is a citizen or permanent resident) can sponsor a common-law partner or spouse while they are actually in Canada and awaiting approval.  The sponsored spouse or partner must be in Canada legally with a visitor visa, study permit or work permit; or if they do not have legal status, they cannot be under any removal order.

Sponsorship by a Canadian Citizen Living Abroad
There is yet another exception to the rule which says that a sponsor must be in Canada and the sponsored individual must be abroad while their application is being processed.  A Canadian immigration lawyer also works with Canadian citizens who remain abroad with their relatives while awaiting approval of their application to be sponsored.  This applies to a common-law partner, conjugal partner, spouse, or children of the sponsor.  Under the circumstances the sponsor must be able to show they are planning to live in Canada once approval is given for their relatives to gain permanent resident status.

Should you find yourself in a situation where your application for immigration has been refused a Canadian immigration lawyer will be able to offer assistance with filing an appeal.  Such an appeal would need to be made directly to the Federal Court of Canada; however, there are instances where the appeal would be filed with the Immigration Appeal Division.

Immigration Appeals to the Federal Court of Canada
The Judicial Review in Canada’s Federal Court has the right to challenge any decision made by immigration authorities.  An immigration officer overseas, for example, could find that their decision to deny a visa application is under review.  The same could happen if a refugee was refused entrance to Canada based on a refugee claim by the Immigration and Refugee Board.  Both of these cases may also be helped by hiring a Canada immigration lawyer.  In essence the Court will be looking to determine whether or not the denials were made lawfully.  Was the decision-maker within the bounds of his or her jurisdiction, was the decision made in fairness, and was it reasonable considering the evidence present, are all questions the Court will seek to answer.
If it is found that the previous decision was made in error, the case will be returned and a different decision-maker will make a decision on the case.  An appeal of this kind must be made within 15 days of receiving the original refusal if in Canada and within 60 days if it was made outside of Canada.  A Canada immigration lawyer may be of assistance since the appeal must be filed promptly for preservation of appeal rights.

Appeals to the Immigration Appeal Division
Certain cases where an appeal is going to be made can be appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board, a Canadian administrative tribunal.  There is usually 30 days in which to file an appeal based on a negative decision, so acting with promptness is always advised if one wants to keep appeal rights intact.  IAD sees the following types of cases being appealed:

Appeals by Sponsors: If you have tried to sponsor a citizen or permanent resident of Canada and had your application rejected, a Canadian immigration lawyer may be of some assistance.  An appeal would need to be filed within 30 days of receiving written denial from Immigration authorities.

Appeals by Permanent Residents: If a person with a permanent resident visa is asked to leave Canada because their former status is now deemed inadmissible, an appeal will need to be made within 30 days of receiving a refusal letter from Immigration.

Appeals by Refugees: If a person was formerly granted refugee protection and it is being revoked, a person can be asked for an appeal within 30 days of receiving written notice of their refusal.

Residency Appeals: A Canada immigration lawyer will also be able to assist a permanent resident currently outside of Canada and has been informed that they have not met their residency requirement.  This appeal, however, must be made within 60 days of receiving written refusal.

Any person who makes an appeal to IAD has the option of presenting new evidence that may help their case.  In addition, the person will be allowed to testify before a Board Member.  The IAD will look at the case along with any new evidence provided and make a determination on whether the decision was legally made.  The IAD will not only be looking to see if the decision was wrongly made.  A Canadian immigration lawyer will also point out that IAD may consider Humanitarian and Compassionate factors as an option if they are compelling enough to make them want to overturn the previous decision.  If IAD does decide to dismiss the appeal, it can be appealed further to the Federal Court of Canada.

Canada Visitor Visa

Anyone who would like to visit Canada on business or as a tourist can have a Canada Immigration Lawyer assist them with obtaining a “Temporary Resident Visa” or visitor visa prior to doing so.  In some cases a visitor may be exempt from going through this process depending on what home country they are from.  This type of visa is usually good for six months and can potentially be extended once in Canada.  This visa may also be for single or multiple entries.  Canadian immigration authorities will assess whether or not to issue a Canada visitor visa to an applicant when looking at certain criteria. Immigration authorities will want to know if the applicant has the proper funds to pay for the visit, if they have a valid reason, and if they are likely to return to their home country once their visa term has expired.

Student Visa Canada
A Canada Immigration Lawyer can also help those looking to study at a college or university in Canada.  These individuals are eligible to apply for a Study Permit allowing the applicant to stay in the country under temporary resident status for the duration of their studies.  For example, a person accepted in a three or four year university program will be eligible for a study permit for that amount of time.  In order to qualify the person must already have gained admittance into a school and have the funds necessary to support them while in Canada.  A Canadian Immigration Lawyer will advise the applicant that this includes being able to pay for their studies as well as living expenses while in Canada.  Immigration authorities will also be looking to determine whether or not the applicant will likely return to their home country when finished with their education in Canada.