You’ve applied for a visa. It may be for a study or work visa or for permanent residence. It gets refused. What do you do? If you’ve hired an immigration consultant, they should advise you that you have an option for judicial review at the Federal Court. Some...
For those self-filing their application for a visa to Canada (aka Do It Yourself-ers) , an additional basis to refuse your case may arise: if you fail to declare that you hired someone advise you on the application. The relevant law is in the Immigration and Refugee...
People seeking immigration to Canada under Express Entry (or “EE”) must first lodge a profile with Canada’s immigration department. That profile entails having proof of language ability (e.g. for proof of English ability, an IELTS), and in many cases, proof of...
An application for a Post-graduation work permit of three years duration is available to those foreign nationals who study at an appropriate school in a program of at least two years duration. One question that arises is whether the duration of the minimum two years...
When putting up a profile on the Express Entry system, you must possess at least one year of work experience. At this early stage of uploading a profile, you don’t need a work reference letter. Once you’ve been issued an Invitation To Apply, you must follow through...
If you have an application for a visa to Canada, being permanent resident, or a temporary visa, you may have changed your life in a significant way. Some life changes must actually be reported to Canada’s immigration department if your application is still pending....
The phrase ‘best evidence’ is used in legal proceedings and refers to the premise “that no evidence was admissible unless it was “the best that the nature of the case will allow””. This means putting one’s best foot forward in presenting documents to the...
A lot of laypersons may be surprised to find out that some work visas are not based on law but on policy. Policy is the least strong in the hierarchy of Law/Regulations/policy. Some work permits based on policy include Post-graduate work permits, Ontario’s...
One of our clients filed a PR card renewal application. He met the days i.e. a minimum of 730 in the past five years. However, part of the basis for his meeting the minimum 730 day threshold included being employed full-time abroad for a Canadian based company – in...
A client (through his immigration consultant) had a question about credential evaluations and how Canada’s immigration department (“CIC”) uses said assessments in Federal Skilled Worker applications for permanent residence. Said client had a bachelor degree from a...
For spousal sponsorship applications filed on or after October 25, 2012, a sponsored person may now be subject to a two-year period of “conditional” permanent residence, running from the day after their permanent residence is granted. The conditional permanent...
Canada experience class applicants are all subject to the minimum requirement to prove one year of full-time paid experience in Canada in an occupation at an appropriate skill level. The CEC program can be seen as relatively straightforward for certain cases. However,...
An authorization to return or “ARC” is necessary if you’ve been deported from Canada. One required document is the certificate of departure, which is issued right before you leave Canada as a deported person. Some individuals end up in a situation...
The definition of misrepresentation under Canada’s Immigration law is very broad. Some court cases state that even unintentional misrepresentations are the subject of penalties such as a ban from entering Canada for two years. Such unintentional...
A refugee board member recently intimated to me that the Five Eyes intelligence sharing between five developed English speaking countries has been used to detect the presence of, and citizenship status of, foreign nationals visiting the USA. This surprises some...
Immigration to Canada from Pakistan is something thousands of people a year dream of, but for you, why should it remain just a dream? Given thought, patience, time and a lot of effort, you could make that dream come true! First things first, and you must know...
Okay, so you’ve made up your mind. You want to apply for a job in Canada as a foreigner. How do you go about it? Firstly, read on from here! Applying for jobs in Canada as a foreign national (A few pointers to get you started in the right direction…) The most obvious...
Recently, I was invited to speak at an educational conference for the current regulator of Canada’s immigration consultants, the Canadian Society of Immigration Consultants (“CSIC”). Such an opportunity allows immigration lawyers like myself to...
On February 3 2011, the Canadian Immigration Department announced centralization in the initial processing of in-Canada Humanitarian and Compassionate applications. In-Canada H&Cs will be initially screened in Vancouver and thereafter, if necessary, sent to a...
The process of leading up to the issuance of a visa includes submitting a set of forms, (or often, the same set of forms more than once), then getting those forms reviewed by a visa officer, and being interviewed by a visa officer. After a normal interview (where the...
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