Immigration Legal Help

Starting a trip to immigrate is frequently difficult. People deal with a wide range of legal complications, from deportation orders to visa refusals. We delve into the realm of legal assistance, examining several facets of immigration difficulties and the legal paths that can lead to a resolution.

Previously Refused Applications

Facing a rejection can be disheartening, but it’s not the end of the road. Discover strategies and legal approaches to reapply and turn a refusal into an approval. 

Reasons for Refusal:

There are several reasons why a visa application to Canada might be refused. Some of the most common reasons include:

• Inadmissibility: The applicant may be deemed inadmissible to Canada for reasons such as having a criminal record, security concerns, or failing to meet health requirements.
• Insufficient documentation: The applicant may not have provided all of the required documentation or the documentation may be incomplete or inaccurate.
• Lack of financial support: The applicant may not be able to demonstrate that they have sufficient financial resources to support themselves in Canada.
• Misrepresentation: The applicant may have made false or misleading statements in their application.

What to Do if Your Application is Refused:

If your visa application to Canada is refused, you have a few options:

• Seek clarification: You can contact Immigration, Refugees and Citizenship Canada (IRCC) to request clarification on the reason for the refusal.
• Appeal the decision: You may be able to appeal the decision if you believe that it was made in error.
• Re-apply: You can re-apply for a visa, but you should make sure that you address the reasons why your previous application was refused.

Sponsorship Appeals: A Ray of Hope

For those relying on sponsors, a refusal can be devastating. Uncover the possibilities of appealing sponsorship decisions and the potential avenues for success.

Who Can Appeal:

• Canadian citizens or permanent residents can appeal the refusal of a sponsorship application for a relative within 30 days of receiving the written notification.

Process for Appealing:

• You must file a Notice of Appeal with the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB).
• You may need to submit additional evidence or documentation to support your appeal.
• You may have a hearing before an IAD member, where you can explain why the application should be approved.

Appeal an Immigration Refusal: Understanding the Process

Demystify the process of appealing an immigration refusal. Learn the steps involved and the crucial elements to present a compelling case.

Appealing an immigration refusal in Canada can be a complex process, so I’m glad you’re seeking information. To offer the most relevant advice, I need more details about your situation:

• What type of visa was refused? (e.g., visitor visa, study permit, work permit, permanent residency)
• When and why was the application refused? (if you have the refusal letter)
• Do you have any legal representation?

Once I understand these details, I can provide more accurate information about:

• Eligibility for appeal: Not all refusals can be appealed.
• Appeal process: Filing deadlines, required documents, hearing procedures.
• Strategies for success: Addressing the reasons for refusal, presenting new evidence.
• Resources: IRCC website forms, legal representation options, support organizations.

Inadmissibility: Navigating Medical and Criminal Concerns

In Canada, inadmissibility refers to an individual being deemed ineligible to enter or stay in the country due to specific grounds outlined in the Immigration and Refugee Protection Act (IRPA). Essentially, it means you are barred from crossing the border or obtaining certain immigration statuses.

There are two main categories of inadmissibility, each with its own set of reasons for exclusion. Here are the most common ones:

Criminal Inadmissibility:

• Having a criminal record, including convictions for serious crimes like violence, drug trafficking, or organized crime.
• Committing offenses outside Canada that would also be crimes in Canada.

Medical Inadmissibility:

• Having a medical condition that poses a danger to public health or safety, or could cause an excessive demand on Canada’s health and social services.

Criminal Rehabilitation / Pardon: Turning the Page

In Canada, the terms “criminal rehabilitation” and “pardon” are often used interchangeably, but they have slightly different meanings:

Criminal Rehabilitation:

 This refers to the process of demonstrating to the Canadian government that you have successfully reintegrated into society after committing a crime. It essentially removes the grounds of criminal inadmissibility, allowing you to overcome past offenses and potentially gain entry to Canada or obtain certain immigration statuses.

Pardon: 

This is a formal document issued by the Parole Board of Canada that officially removes a criminal conviction from your record. While a pardon doesn’t erase the fact that you committed a crime, it can significantly reduce the negative consequences associated with your conviction, such as employment barriers or travel restrictions.

Who Needs Criminal Rehabilitation or a Pardon?

• Individuals with criminal convictions who wish to enter or stay in Canada
• Canadians with criminal convictions who face employment or travel limitations due to their record
• Individuals seeking to restore their reputation and reintegrate into society

Eligibility for Criminal Rehabilitation or a Pardon:

Criminal Rehabilitation: 

At least five years must have passed since the completion of your sentence for the relevant offense.

Pardon: 

At least five years must have passed since the completion of your sentence, and you must demonstrate good conduct and rehabilitation.

The Application Process:

Criminal Rehabilitation: 

Apply through Immigration, Refugees and Citizenship Canada (IRCC).

Pardon: 

Apply through the Parole Board of Canada.

Important Note: The application process for both criminal rehabilitation and pardons can be complex and time-consuming. It’s highly recommended to seek professional guidance from an immigration lawyer or consultant familiar with Canadian law.

Deportation / Removal Order: Facing the Unthinkable

Deportation is a daunting prospect. Delve into the legal options available to challenge removal orders and fight for the right to stay. Deportation and Removal Orders are serious legal documents issued by the Canadian Border Services Agency (CBSA) that compel a foreign national to leave Canada. They differ slightly in their consequences:

1. Departure Order:

• Requires you to leave Canada within a specific timeframe, typically 30 days.
• Issued if you are deemed inadmissible upon entry or become inadmissible after entering the country.
• Less severe than a deportation order and can be avoided by complying with the departure requirements.

2. Deportation Order:

• Permanently bars you from entering Canada unless granted written permission by the Minister of Immigration, Refugees and Citizenship (MIRC).
• More serious consequence and requires active intervention to lift the ban.
• Issued if you:
  • Fail to comply with a departure order.
  • Commit a serious crime in Canada.
  • Pose a threat to national security or public safety.
  • Misrepresent information in an immigration application.

Understanding Your Order:

• The specific reasons for your order will be outlined in the document.
• You have the right to appeal the order to the Immigration Appeal Division (IAD).
• Seek legal counsel from an immigration lawyer specializing in Canadian law for expert guidance.

Possible Outcomes:

• If your appeal is successful, the order may be overturned or amended.
• If the order stands, you must comply with its terms, including leaving Canada within the specified timeframe.
• If you remain in Canada after the order takes effect, you may be detained and forcibly removed from the country.

Detention Review: Securing Your Freedom

Being detained during immigration proceedings is stressful. Uncover the process of detention review and how it can lead to freedom. Detention review is a legal process in Canada that allows individuals detained by the Canada Border Services Agency (CBSA) to challenge their detention and potentially secure their release. It’s a crucial safeguard ensuring fair treatment and preventing arbitrary detention within the immigration system.

Who is subject to detention review?

Anyone detained by the CBSA for immigration reasons, including:

• Individuals seeking entry to Canada who are deemed inadmissible.
• Individuals already in Canada who are considered a flight risk or pose a danger to the public.
• Individuals who violate the terms of their immigration status.

How does the detention review process work?

• Initial detention: The CBSA can detain an individual for up to 48 hours without a hearing.
• Detention review hearing: Within 48 hours, an Immigration Division member of the Immigration and Refugee Board (IRB) must hold a hearing to review the detention.
• Hearing procedures: The detained individual has the right to be present at the hearing, represented by legal counsel, and present evidence to support their release.
• Decision: The IRB member decides whether to release the individual or order their continued detention.

Possible outcomes of the review:

• Release: The individual is released from detention and their immigration case proceeds through the normal channels.
• Continued detention: The individual remains in detention for a specific period, typically 7 days, with further reviews at regular intervals.
• Alternatives to detention: The IRB may impose conditions on the individual’s release, such as requiring them to surrender their passport or report regularly to the CBSA.

Important points to remember:

• Detention review is a critical right for individuals facing immigration detention.
• Seeking legal counsel can significantly improve the chances of securing release.
• The IRB member must consider all relevant factors, including the individual’s risk of flight, danger to the public, and ties to Canada, when making a decision.
• Individuals have the right to appeal a detention review decision to the Federal Court of Canada.

Authorization to Return (ARC): Regaining Entry Rights

Regaining the right to enter after removal requires an Authorization to Return. Understand the process and requirements for obtaining an ARC. What is an Authorization to Return (ARC)?

• It’s a special document issued by Immigration, Refugees and Citizenship Canada (IRCC) that allows individuals who were previously removed from Canada to re-enter the country for specific reasons.
• It essentially lifts a prior removal order, but it doesn’t guarantee entry—border officials still have final discretion.

Who Needs an ARC?

• Individuals who received a removal order from Canada, such as:
  • Those who overstayed their visa.
  • Those involved in criminal activity.
  • Those deemed inadmissible for health or security reasons.

How to Apply for an ARC:

1. Complete the application form: IMM 5444 (Application for Authorization to Return to Canada).
2. Provide supporting documents:
   • Evidence of compelling reasons for returning to Canada.
   • Proof of rehabilitation or change in circumstances (if applicable).
   • Payment of the processing fee.

Processing Time and Fee:

• Processing time: Typically takes 4-6 months, but can vary depending on the complexity of the case.
• Processing fee: $459.55 CAD as of June 2023.

Common Reasons for Requiring an ARC:

• Visiting family members in Canada.
• Attending a work or educational program.
• Seeking medical treatment unavailable elsewhere.
• Resolving immigration matters.

Conditions of an ARC:

• The ARC may specify conditions for entry, such as:
  • Time limit for stay.
  • Restrictions on employment or travel within Canada.
  • Reporting requirements to IRCC.

Important Considerations:

• Not everyone who applies for an ARC will be granted one.
• Approval depends on the strength of the reasons for return and assessment of risk.
• It’s highly recommended to seek legal advice from an immigration lawyer before applying.

Misrepresentation: Pitfalls and Consequences

Misrepresentation can have severe consequences. Explore how to address and rectify misrepresentation issues to navigate the immigration process smoothly. Misrepresentation in Canadian immigration is a serious issue that can lead to significant consequences for individuals seeking entry or status in the country. It essentially means providing false or misleading information in an immigration application or withholding important information.

What Constitutes Misrepresentation?

Misrepresentation encompasses a wide range of actions, including:

• Directly stating false information: This could involve lying about your identity, travel history, employment, financial status, or any other relevant detail.
• Omitting crucial information: Failing to disclose important facts, such as criminal convictions, previous immigration refusals, or family members in Canada, can also be considered misrepresentation.
• Misrepresenting documents: Submitting forged or altered documents, such as passports, birth certificates, or employment letters, is a serious form of misrepresentation.
• Embellishing or exaggerating information: Presenting yourself in a more favorable light by exaggerating your qualifications or achievements can also be problematic.

Why is Misrepresentation Serious?

Providing false information undermines the integrity of the Canadian immigration system and can have serious consequences for both individuals and the country:

• For individuals: Misrepresentation can lead to:
  • Application refusal: Your application may be denied if it is discovered that you misrepresented information.
  • Deportation: If you have already entered Canada and misrepresentation is found, you may be deported.
  • Bar on future applications: You may be barred from applying to immigrate to Canada for a period of time, typically five years.
• For Canada: Misrepresentation can:
  • Undermine public safety and security: Individuals who misrepresent their identity or background could pose a threat to public safety.
  • Increase costs for the government: Investigating and processing cases of misrepresentation is costly for the government.
  • Damage Canada’s reputation: Canada is known for its fair and transparent immigration system. Misrepresentation can damage this reputation.

Avoiding Misrepresentation:

To avoid misrepresentation in your Canadian immigration application, it’s crucial to:

• Be honest and truthful: Provide accurate and complete information in your application.
• Seek professional advice: Consult with an immigration lawyer or consultant who can help you understand the application process and ensure that your application is accurate.
• Double-check your documents: Carefully review all documents you submit to ensure they are complete and accurate.

Procedural Fairness Letters: Your Right to Fair Treatment

• Official documents issued by Immigration, Refugees and Citizenship Canada (IRCC) to applicants when concerns arise during the processing of their application.
• Purpose: To provide an opportunity to address concerns, clarify information, or submit additional evidence before a final decision is made.
• An essential aspect of procedural fairness, ensuring applicants are informed of potential issues and have a chance to respond.

When are PFLs Issued?

• Concerns about the genuineness of a relationship (e.g., marriage, spousal sponsorship).
• Discrepancies in information or documents.
• Criminality, security, or health concerns.
• Doubts about financial capacity or settlement plans.
• Other factors that could impact eligibility.

Key Elements of a PFL:

• Outline the specific concerns.
• Provides a deadline for response (typically 30 days).
• Instructs on how to submit a response (usually in writing).
• Emphasizes the importance of responding to avoid negative consequences.

Responding to a PFL:

• Seek legal advice: Consult an immigration lawyer for guidance on crafting a comprehensive response.
• Carefully address each concern: Provide clear explanations, evidence, and supporting documents.
• Meet the deadline: Failure to respond within the specified time frame could lead to application refusal.

Potential Outcomes:

• Application approved: Concerns are resolved, and the application proceeds as normal.
• Request for additional information or interviews: IRCC may require further clarification or in-person meetings.
• Application refused: Concerns are not adequately addressed, leading to a negative decision.

Importance of PFLs:

• Safeguard procedural fairness and transparency in the immigration process.
• Offer applicants a chance to rectify issues and potentially avoid negative outcomes.
• Highlight areas of concern, allowing applicants to strengthen their applications.

Judicial Review / Federal Court: Seeking Legal Recourse

When faced with injustice, seeking judicial review is a recourse. Explore the Federal Court process and how it can rectify immigration-related grievances. Here’s a breakdown:

Judicial Review:

• Concept: It’s a legal process that allows individuals and organizations to challenge the decisions of government bodies, including federal agencies, tribunals, and even ministers, to ensure they acted fairly and within their legal authority.
• Purpose: To ensure government decisions are:
  • Lawful: Made within the powers and procedures granted by law.
  • Reasonable: Not arbitrary or capricious, based on relevant evidence and considerations.
  • Fair: Made with due process and procedural fairness.
• Process:
  • You file an application for judicial review in the Federal Court.
  • The Court reviews the government’s decision and considers arguments from both sides.
  • If the Court finds the decision was flawed, it can:
    • Quash the decision and order the government to reconsider.
    • Send the case back to the government with instructions.
    • Make another decision itself in rare cases.

Federal Court:

• Structure: Part of Canada’s Federal Court system, responsible for:
  • Hearing judicial reviews of federal government decisions.
  • Handling certain types of appeals from lower courts.
  • Dealing with cases involving intellectual property, immigration, and maritime law.
• Judges: Appointed by the Governor General on the recommendation of the Prime Minister.
• Importance: Plays a crucial role in upholding the rule of law and ensuring government accountability.

Examples of Judicial Review:

• Challenging a denial of a visa by Immigration, Refugees and Citizenship Canada (IRCC).
• Contesting a decision by the Canadian Revenue Agency (CRA) regarding taxes.
• Questioning a regulatory decision by a federal agency, such as the Canadian Radio-television and Telecommunications Commission (CRTC).

Stays of Removal Orders: Buying Time for Legal Solutions

A Stay of Removal Order is a legal document issued by the Federal Court of Canada that temporarily halts the enforcement of a removal order. This means that even though you have been ordered to leave Canada, you are allowed to stay while the Court considers your appeal or other legal argument.

Who can apply for a Stay of Removal Order?

Anyone who has received a removal order from Canada can apply for a stay. This includes:

• Individuals who have been deemed inadmissible to enter Canada.
• Individuals who have committed a crime in Canada.
• Individuals who have violated the terms of their immigration status.

Reasons for Granting a Stay of Removal Order:

The Federal Court will only grant a stay if you can demonstrate that there are strong legal grounds for your appeal or other legal argument and that the balance of convenience favors allowing you to stay in Canada while your case is heard. This means you need to show that:

• You have a strong chance of success in your appeal or legal argument.
• You would suffer significant hardship if you were removed from Canada before your case is heard.
• Removing you from Canada would not cause undue hardship to the Canadian government or the public.

Process for Applying for a Stay of Removal Order:

The process for applying for a stay of removal order is complex and requires legal expertise. You should consult with an immigration lawyer to discuss your specific case and the best course of action.

Important Points to Remember:

• Obtaining a stay of removal order is not guaranteed.
• The Court will carefully consider all of the evidence before making a decision.
• Seeking legal advice is crucial to increase your chances of success.

Conclusion

Navigating immigration challenges requires diligence, knowledge, and legal expertise. By understanding the nuances of the process and seeking legal help, individuals can overcome obstacles and achieve their immigration goals.