HOW LONG CAN A CANADIAN CITIZEN LIVE IN ANOTHER COUNTRY

The simple answer is that a Canadian citizen can live in another country as long as they wish. Canadian citizenship laws have recently been in flux. The changes have caused some confusion. Many people are questioning the stability of their citizenship and the possibility of it being revoked and whether living abroad could be the cause. A person born in Canada cannot lose their citizenship simply on the basis that they are not or have not been living in Canada.

REVOCATION OF CITIZENSHIP

A naturalized Canadian citizen can lose their citizenship if they have been convicted of fraudulent activity in relation to their application for the citizenship process. Citizenship can also be revoked in the case of crimes against humanity, terrorism, high treason, spying, or serving in the armed forces of a country that is at war against Canada. If the Minister of Citizenship and Immigration receives information leading him or her to believe there is a problem, you will receive a notice letting you know that your citizenship is under consideration of being revoked. Receiving notification that your citizenship is in danger is serious and you should consider contacting a citizenship revocation lawyer immediately. The next step in the process is for the case management branch of the Immigration, Refugees and Citizenship Canada to review the information related to your case and then to make a ruling. You are allowed to make a written response, though a lawyer doing so on your behalf will be a better representation. A hearing may be required if there is some question as to the evidence on either side. Once they have made a judgment, you’ll receive a Notice of Decision.

The consequences can be different depending on what the reason for the revocation is:

If the Minister decides to revoke your citizenship status, you will revert to permanent resident status provided the fraud was related to your citizenship application only. If the fraud was related to your permanent residence application, you will be void of any status in Canada, even if that means you will be considered stateless. More serious crimes, such as war crimes, crimes against humanity, terrorism, espionage, or other threats to national security, will be dealt with by the Federal Court. This also applies to citizens who were a part of a foreign military or another group that was at war against Canada.

Canadian Immigration Appeals Lawyer Toronto

Canadian Immigration Appeals Lawyer

How Can We Help?

Immigration Appeal Services

Almost any refusal made by the Canadian immigration authorities can be appealed in some way. Refusals of visa applications such as Express Entry applications, work permits, study permits or visitor visas can be appealed to the Federal Court. Refusals of family class applications such as spouse or partner sponsorships, child or parental sponsorships can be appealed to the Immigration Appeal Division. Loss of permanent residence can often be appealed to the Immigration Appeal Division also.

Refused refugee claims can be appealed to the Refugee Appeal Division. There are also various appeal-like applications that can be made, such as Humanitarian and Compassionate applications, and applications for Pre-Removal Risk Assessment.

Sponsorship Appeals

Where a Canadian citizen or permanent resident has attempted to sponsor a family member, spouse or common-law partner and the application was rejected by the Immigration authorities, an appeal may be made to the IAD within 30 days of receipt of the refusal letter.

Residency Appeals

Canadian permanent residents who have been found not to have met the residency requirement of being in Canada for 2 years out of 5, and have lost their permanent residence as a result, can appeal the negative decision to the Immigration Appeal Division (IAD) within 60 days of the decision.

Federal Court Appeals

Federal Court appeals include refused visa application, Express Entry, or temporary residence applications like work permits, study permits, or visitor visa applications. These can be appealed with 15 days for decisions made in Canada and 60 days for decisions outside Canada.

Mandamus Appeals

An example of where you can do a mandamus appeal is if the immigration authority is delaying the processing of your immigration application for no good reason. Our office can help you to bring a mandamus appeal to the Federal Court, asking the court to order the immigration authority to fast-track the processing of the application.

Refugee Appeals

People who made refugee claims in Canada and had their case rejected can, in some cases, appeal to the Refugee Appeal Division (RAD). The RAD will review the evidence and either remit the case back to the Refugee Protection Division (RPD) for re-determination or substitute it with their own decision.

Citizenship Appeals

Applications for Canadian citizenship that have been refused by the citizenship department may be appealed to the Federal Court within 30 days. These appeals proceed as applications for leave and judicial review.

Citizenship Revocation

Permanent residents who applied for Canadian citizenship and were rejected or have had their Canadian citizenship revoked through certain circumstances can respond or appeal the negative decision to the citizenship authorities.

We Specialize in Complex Cases

Claudia P – Parental Sponsorship

We were pleased to help Claudia appeal her case when Immigration failed to accept her father into Canada. Our team guided Claudia throughout the process, including helping her prepare the relevant paperwork, filing the appeal, and helping her prepare for the appointment. Mr. Jeffery accompanies Claudia to the appeal in person. Claudia’s father was able to get Canadian residence status within one and a half years.

Here’s how we can help you:

The Immigration Law Firm of Matthew Jeffery has over 20 years of experience and specializes in handling immigration appeals with high success rates. Fill out our FREE Appeals Assessment form to see if we are able to assist you with your immigration appeal.

Other Types of Appeals

Humanitarian Applications

Making an application on humanitarian & compassionate grounds allows an applicant to request the immigration authorities to waive the usual requirement to apply for permanent residence through one of the standard immigration categories.

» Learn More

Fairness Letters

If you receive a procedural fairness letter in Ontario, it’s important to submit a detailed and accurate report that summarizes all the critical arguments of your case. A strong and well-thought argument can lead to a more favourable decision by the IRCC.

» Learn More

Removal Order Appeals

If a permanent resident has been found to be inadmissible for criminality, misrepresentation, or other immigration offences, and is ordered to be removed from Canada. The permanent resident may appeal the decision to the Immigration Appeal Division (IAD) within 30 days.

» Learn More

Immigration Appeal Success Stories

I used Matthew Jeffrey’s legal services for my husband’s appeal process and I am so glad I did! I wish I would have done this from the beginning of the sponsorship process but I’m happy I had the team on my side when it mattered. Absolutely professional, courteous and realistic (about options, upfront about costs and realistic total cost). They were by my side, advising me throughout my appeal process and hearing. Highly recommend!

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Roxie I

My appeal was approved today. I am so happy I chose Matthew Jeffery as my lawyer. I would absolutely recommend Mr. Matthew Jeffery to anyone who has a sponsorship appeal matter. He is very professional and a great person.
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Aaron T

I am extremely pleased with Mr. Jeffery’s expert handling of my appeal to retain my permanent residence status for humanitarian and compassionate reasons. Mr. Jeffery was referred to me by a family friend who spoke very well of him. My case was not an easy one, but Mr. Jeffery skillfully presented its merits before the immigration board which subsequently decided in my favor. I can now join and live with my wife and children in Canada. My family and I are immensely grateful to Mr. Jeffery and his staff. They are very professional and experienced. We highly recommend Mr. Jeffery.

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J M

A big Thanks to Mr Matthew Jeffery and his team for helping me appeal my wife's spousal sponsorship that was denied by visa office in Accra. The case against my wife was very complicated, It almost felt impossible. But today I can celebrate because through him and his team I won the case before the IAD. I am now expecting my wife and son to join me in Canada anytime soon.
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Blessed O

How can we help?

Fill out our FREE Appeals Assessment form to see if we can help you with your case.

Understamdomg Immigration Appeals

WHY CHOOSE US FOR YOUR IMMIGRATION APPEAL IN TORONTO?

Choosing the right immigration appeal lawyer in Toronto can make a significant difference in the outcome of your case. We understand the nuances of Canadian immigration laws, and with our extensive experience, we’ve been able to assist numerous clients, ensuring they receive the justice they deserve.

Key Reasons To Trust Us With Your Immigration Appeal:

Toronto-based Expertise: As locally-based appeal lawyers in Toronto, we understand the regional complexities and provide tailored solutions for our clients.
Comprehensive Knowledge: Our focus on immigration appeals ensures that we are always up-to-date with the latest changes in Canadian immigration laws.
Personalized Service: Every immigration case is unique. Our team invests time to understand your specific situation and tailors an approach best suited for your appeal.
Proven Track Record: Our excellent success rate speaks for our expertise. Over the past 20 years, we have successfully reversed numerous visa and immigration rejections.

UNDERSTANDING THE APPEAL PROCESS IN TORONTO

Every immigration refusal can be emotionally challenging and technically complex. It’s essential to understand the steps involved in the appeal process. Here’s a brief overview:

Assessment: Determine the reasons for refusal and the viability of an appeal.
Filing the Appeal: Ensure correct submission within stipulated deadlines.
Documentation: Gather all necessary documents that can strengthen the appeal.
Preparation: Prepare the client for potential interviews or hearings.
Hearing: Represent and defend the client’s case before the respective board or court.
Outcome: Whether successful or not, navigate the next steps, whether it is finalizing the immigration process, refiling, or pursuing a further appeal.

Common Questions About Immigration Appeals

How long does the immigration appeal process take in Toronto?

The duration of the appeal process can vary based on the type of case and its complexity. On average, it may range from a few months to a couple of years. Some cases, especially those with a considerable amount of evidence and witness testimonials, might take longer than simpler appeals.

What if my appeal is rejected?

If your appeal is denied, there are alternative paths one might consider. Depending on the reasons for rejection, you could potentially re-apply rather than appeal, making sure to address the points raised in the refusal. Additionally, there may be other visa or immigration categories more suitable for your situation. Our team will assess the reasons for the denial and guide you on the best subsequent steps.

How much does it cost to appeal an immigration decision?

Costs can differ based on the nature of the appeal and its intricacies. Generally, there are governmental fees, lawyer’s fees, and potential additional costs for documentation, expert opinions, or other requirements. After an initial assessment of your case, we can provide a detailed cost breakdown.

Can I appeal any immigration decision?

Most immigration refusals can be appealed, but not all. The ability to appeal might depend on the nature of the application, reasons for refusal, and the specific category of immigration. It’s essential to consult with a lawyer to determine your rights to appeal.

How important is it to hire an immigration appeal lawyer for my case?

While you can choose to represent yourself, immigration law can be intricate. Having a professional by your side can significantly enhance your chances of success, ensuring all aspects of your case are addressed, and no crucial details are overlooked.

What are the common reasons for visa or immigration refusals that can be appealed?

Common reasons include insufficient documentation, not meeting specific criteria of an immigration program, medical or security concerns, or misrepresentation. Each of these can be appealed, if you have a strong case and evidence to counter the refusal reasons.

Can I appeal a deportation order?

Yes, deportation orders can often be appealed, if you believe there has been a factual or procedural mistake in the decision-making process.

Are there any risks in appealing an immigration decision?

Appealing a decision means you’re asking for a review of your case. While there’s always a chance the appeal could be denied, if you have a valid case and address the reasons for the initial refusal adequately, the risk is minimized. An experienced lawyer can advise you on the potential risks and benefits of proceeding with an appeal.

Immigration Appeals Overview

Navigating the immigration appeal process can be complex and confusing. To provide clarity, we’ve compiled answers to some of the most common questions individuals have about appealing immigration decisions in Toronto.