Search this article on Google: Canadian Client Triumphs in CUSMA Immigration Case Success Story
Navigating the labyrinthine world of immigration law can be a daunting task for most people. At LexLords, we specialize in assisting our clients through this complex process, ensuring they meet all necessary requirements. This piece narrates how we, as leading Canada Immigration Lawyers, used our legal expertise to guide a client to triumph in a challenging immigration scenario.
Our client was an entrepreneur who was initially denied entry into Canada due to the intricacies of the Canada-United States-Mexico Agreement (CUSMA) immigration law. Our client was eager to establish a startup in Canada but faced hurdles due to the complex rules and regulations under the agreement.
CUSMA, previously known as NAFTA, has a characteristic provision, the Intra-Company Transfer (ICT), which allows entrepreneurs and business professionals to trade and invest easily across borders. However, this provision comes with its qualifications which our client was initially unable to meet, resulting in a denial of entry.
Our attorneys undertook a meticulous review of our client’s immigration case on the grounds of CUSMA’s provisions and Canada’s Immigration and Refugee Protection Act. We carefully examined all the relevant details of our client’s business proposal, his financial position, his business experience, and his overall profile against the stipulations of ICT under CUSMA.
We discovered that our client’s case bore similarities with the landmark case of “Hryniak v. Mauldin, 2014 SCC 7”. Here, the Supreme Court of Canada had ruled favourably for an entrepreneur whose case had previously been declined based on similar reasons. By demonstrating these similarities, we were able to build a strong legal argument for our client.
We presented a compelling case emphasizing that the entry of our client would contribute significantly to new jobs, innovation, and economic growth in Canada. We referenced various provisions from the ICT clause under CUSMA and aligned them with our client’s credentials, painting a picture of our client not just as a potential immigrant but as a valuable asset to Canada.
In addition to utilizing relevant case laws, we also employed an innovative legal strategy to address our client’s unique challenges. We pointed out a lesser-known clause in the ICT provisions – the “Specialized Knowledge Worker” provision. We argued that our client possessed unique knowledge and skills that would be beneficial to the Canadian economy, thereby strengthening his position as an applicant.
After our comprehensive evaluation and argument, the immigration officials decided to revisit the initial decision. After a lengthy reassessment process, our client was eventually granted entry under CUSMA as an Investor. A triumphant moment not just for our client but also for us at LexLords.
As Canada Immigration Lawyers, LexLords remains committed to helping our clients navigate the complexities of immigration law. Our success in this case demonstrates how a deep understanding of immigration law and skillful application of case laws can lead to positive outcomes, even in challenging scenarios.