immigration lawyers in chandigarh

Requirement for recruitment or applying for Live-in Caregiver

Live-in caregivers are hired by private homes/families to care for the children, elderly or people with disabilities and also stay with these families during the period of their work contract. A non-Canadian wanting to apply as a live-in caregiver is required to obtain a work permit by making a submission to the Live-in Caregiver Program (LCP).  The applicant must fulfil the eligibility criteria for the job. Additionally, Canadian immigration law also mandates it for the employer to meet the standard eligibility criteria. Here are some more guidelines and requirements to work in Canada.

The standard Eligibility criteria to recruit a live-in caregiver in Canada includes:

  • The employer needs to acquire a positive LMIA.
  • The employer must be staying in Canada to hire a foreign national.
  • The employer must pay the non-Canadian national equivalent to the industry standards.
  • The employer must ensure a non-discriminatory behavior and work culture for the foreign national.
  • The employer must have a written contract with the employee specifying his/her designation (if any), salary. Address where the applicant will work and the conditions of recruitment (if any).
  • The employer must establish that substantial efforts were made to hire a Canadian national.

The non-Canadian or foreign national also needs to meet certain requirements. The prospective employee must have completed at last their secondary education, must have language proficiency, and at least 6 months of work experience in caregiving. You should consult your Immigration attorney in Canada for details about legal hurdles and the application process.

Other than this, you must be proven admissible in Canada which means there should not be any criminal or medical inadmissibility finding against you. Your work permit as a live-in caregiver is temporary like all work permits and once the specified time period is over, you will be required to go back. It depends on you and your employer if you want to get your work permit extended or renewed.

After completing 2 years of services in Canada with the same employer, you will be eligible to apply for permanent residency in Canada. Learn more about the Canadian Federal Skilled worker program, Canadian Experience Class & Provincial Nomination programs here.

Enforcement and Deportation

Canadian Border Service Agency (CBSA) has the authority of detaining…

Removal Appeals

Permanent residents of Canada, Canadian citizens or those living…

Spousal Sponsorship Rejection

When you Spousal Sponsorship Application is refused, you are…

Applications made to the Federal Court

The Federal Court of Canada is the national court authorized…

Refusal on Permanent Resident Application

Application for permanent resident status is one of the most…

Refusals – Work Permit Refusal, Study Permit or Visitor Visa

There are 2 ways to overcome refusals on work permit and study…

 

Enforcement and Deportation

Canadian Border Service Agency (CBSA) has the authority of detaining non-Canadians entering Canada or those living in Canada as permanent residents on suspicion or complaint against their activities.

If a CBSA inquiry deems an individual a threat to the security of the nation or an individual, or if an individual has committed a serious crime or a human rights violation, he/she will be detained. These individuals receive will receive their removal order or deportation orders giving them a specific period to leave Canada.

The various reasons why an individual can receive a removal /deportation order from Canada.

  • On a denied refugee claim
  • On being denied humanitarian and Compassionate Application
  • On a criminal inadmissibility finding
  • On refusal of Pre-Removal Risk Assessment (PRRA)
  • If you have overstayed during on a Visitor Visa, Work Permit or Study Permit
  • On failing to appear for a scheduled interview with CBSA

The CBSA will schedule an interview or a hearing when it begins its process of enforcement. The individual will be given an opportunity to represent himself/herself before the government lawyer. Since call-in notices are the usual way in which CBSA communicates about its hearing schedule, it is very important to keep your applications updated with your present home address.

If the person, during the interview, is found admissible in Canada, the person can continue to remain in Canada, or to enter Canada. Detained people, found not guilty, will also be released on coming out clean.

However, in case the person is declared inadmissible to Canada, the person will receive a removal order. An applicant can make an appeal against the removal order which needs to be done within 30 days starting from the day the removal order was received. A case will be submitted by the Minister or the Immigration Division within 45 days from the day the appeal was made. In a formal hearing, there will be a proper review of the appeal to examine if the appeal should be accepted or denied. Once the appeal is permitted, the applicant’s removal order will be repealed and the applicant can stay in Canada. However, if the appeal meets with stay order, the removal order goes on hold on a temporary basis and the applicant can continue to stay in Canada under certain terms and conditions. The appeal will then be re-evaluated by the IAD around the end of this period to check if the appeal must be accepted or denied. If the appeal is denied again, the person will have to leave Canada.

In cases where an individual has a genuine reason to stay back temporarily for some time, CBSA can delay the removal. The applicant needs to have a sound reason for this kind of arrangement. Mostly, this is done in cases where people are undertaking medical treatment, or have exams, or have a dropped semester to complete, etc. The reasons could be anything but they need to be genuine and appropriately proven.

If the request for deferral is rejected, the applicant can submit an application for stay orders to the Federal Court of Canada. The case will go to the Federal Court for further review. This is where we come into the picture as leading immigration attorneys in Canada.

More relevant FAQs on Canada Immigration laws and requirements

Things to Consider if you are being Sponsored as a Spouse

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Spousal Sponsorship Rejection

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Removal Appeals

Permanent residents of Canada, Canadian citizens or those living in Canada with a refugee status who have received a removal order from the government of Canada can file for an appeal to the Immigration Appeal Division (IAD). This appeal is permitted to even convention refugees or protected persons who have received removal order and seek its revocation. Since such appeals are time-bound, the appeal has to be made within the 30 days from when the removal order was received. A case will be made by the Minister or the Immigration Division within 45 days from the day the appeal was made. Once the formal hearing is scheduled, the applicant has to submit a disclosure document to the IAD and the Minister’s counsel at least 20 days before the hearing is scheduled. In the disclosure document, you need to give with valid proof your establishment in Canada, finances, income tax details and proof of your integration in Canadian society. If you are refugee claimant, you will also need to give an explanation why a return to your own country will bring you disproportionate suffering and harassment.

In rare cases, the Immigration Appeal Division (IAD) may argue a case without a formal hearing and forward the appeal to Alternative Dispute Resolution (ADR) though this is not the standard norm in removal order appeals.

An appeal can also meet with a stay order which means that the removal order goes on hold on a temporary basis and the applicant can continue to stay in Canada under certain terms and conditions. The appeal will then be re-evaluated by the Immigration Appeal Division around the end of this period when it will assess if the appeal is be accepted or rejected. If the appeal is denied again, the person will have to leave Canada.

Appeals against removal orders cannot be made if you have been found inadmissible on criminal grounds such as involvement in organized crime, violations of human rights, activities like money laundering and deception, human trafficking or any other activity considered as serious crime in Canada.

Spousal Sponsorship Rejection

When you Spousal Sponsorship Application is refused, you are informed through a letter that also indicates that you can appeal against the decision before the Immigration Appeal Division (IAD). Since this appeal is time-bound, it has to be filed within 30 days from the day the refusal letter was received.

The hearing of these appeals is done with exceptional agility and speed so that applicants may find quick resolutions to their problems. Moreover, in cases where the Division feels that there is no need to wait for a formal hearing, the case is instantly forwarded to Alternative Dispute Resolution (ADR) which involves the applicant arguing for his/her case informally to the Member of the Immigration Appeal Division and the Minister’s counsel. The applicant’s lawyer can also ask for ADR if they want the proceedings to be held without formal hearing. At an ADR Conference, the Board will decide if there is a further need for a formal hearing.

In case the ADR is not schedule or is found to have not yielded any results, a formal hearing is scheduled. When formal hearing is scheduled, the applicant must submit a disclosure document to the Immigration Appeal Division about the ongoing status of the applicant’s relationship with the sponsor within 20 days prior to when the hearing is scheduled.

During the hearing, the applicant can represent himself/herself or ask a lawyer to do so. There are questions asked and such hearings can be done over the phone also. If the Division and the Minister’s counsel concur with the statements made by the applicant/sponsor, they will ask the applicant to proceed with their application A written communication is also sent.

However, there are certain grave cases where the rejection of an application cannot be revoked. Since national security and individual security of all Canadians is the prime responsibility of the Canadian government, no such application can move further where the government feels national threat to its security; or cases where the applicant has been involved in serious crime, human rights violation, or other forms of deviation from law.

All applicants need to understand that all sponsorship applications cannot be appealed. One can consider to re-apply also. That completely depends on the reasons of your refusal and the number of documents you have to support your claims. Legal aid is advised in all such matters.

Applications made to the Federal Court

The Federal Court of Canada is the national court authorized for managing legal disputes that fall in the domain of the federal law. According to the Canadian law, an applicant can request the Federal Court to review immigration decisions under any program. A review in the Federal Court of Canada must be requested within the stipulated time as judicial reviews are time-bound. The time limit of making an appeal for a review will differ for every program, for instance, the time-frame given to apply for a rejection on spousal sponsorship visa might be different from a refugee claim review. It is important to be updated with these time-frames.  If you want a review or want to make an appeal, professional assistance is best advised.

Applications that can be reviewed by the Federal Court of Canada –

  • Humanitarian and Compassionate Ground Application
  • Pre-Removal Risk Assessment
  • Refugee Appeal
  • Request for Deferral Decision
  • Visa Visa Refusal
  • Spousal Sponsorship Application Refusal

A Judicial Review must be applied within 15 days from the time the refusal was received if the appeal is made from within Canada. If the Appeal has to be made from outside Canada, the appeal time extends to 60 days.

A review at the Federal Court is conducted in 2 stages –

  1. Application for Leave – The first stage – the Leave Stage – is where the applicant is required to submit a request for review with a comprehensive explanation of why the applicant feels the decision to be unfair, biased or erroneous. At this time, it is very important to submit a convincing and persuasive application – one that establishes that your case is worthy to be reviewed.  If the Federal Court permits Leave, it means that it has granted you the review and has concurred to examine your case.
  1. Judicial Review – In this stage, the applicant will be asked to attend the oral hearing before the Federal Court and represent his/her case. The applicant will have to explain to the Court in-person why he/she thinks that the immigration officer’s decision is wrong or unreasonable. The hearing for the judicial review is held within 30-90 days of leave granting. At this stage, you can represent your case yourself or you can hire an experienced immigration lawyer to represent you for formal hearing. If you hire professional aid, you are free to attend or miss your hearing.

Remember that the onus of granting or refusing visa does not lie with the Federal Court. The Federal Court only decides if the immigration officer failed to review your case as per the Canadian Immigration Laws. If the decision of the immigration officer is found to be erroneous, the case is sent to be re-evaluated by a different immigration officer. However, if the Court agrees with the immigration officer’s decision, you will have to accept the final verdict of the Court.

Refusal on Permanent Resident Application

Application for permanent resident status is one of the most crucial documents you are ever going to make in the whole process of immigrating to Canada. It must be completed with highest degree of honesty, precision and attention. Any information amiss or wrongly filled can lead to irrevocable damage to your prospects of starting a new life in Canada. In a lot many cases, applications may be permanently rejected.

While making an application for Permanent Resident status, you need to understand that this is an exhaustive application that would seek information on all aspects of your life – your background, educations, work history, training, age, language proficiency, criminal history, medical history and any other crucial information that can facilitate the Canadian immigration officers that you will be a worthy resident of the country. Permanent Resident applications have to supported with verifiable documents. There are many crucial things one has to take care of in the most normal cases. However, in case there is even a small gap or inconsistency in your application, it becomes very difficult to justify your application. So, always be meticulous, accurate and absolutely honest in your application for Permanent Resident Status.

Refusals: Permanent Resident Applications might be turned down in some cases. There can be several reason for the refusal including criminal inadmissibility, medical inadmissibility, misrepresentation, non-eligibility, inconsistency in claims, submission of wrong documents, lack of supporting evidence, irregularity in statements and evidence, and/or missing important deadlines.

However, what if your application is rejected after all?

The Immigration Appeal Division (IAD), Refugee Appeal Division (RAD) and Federal Court of Canada are recognized bodies to hear appeals on issues related to immigration, such as issuance of removal order, a sponsorship application getting rejected, residency obligation violation, or problems related to errors in application forms leading to their rejection.

There are various ways in which appeals can be made to the Immigration Appeal Division based on what decision we are appealing against. The scenarios under which you can make an appeal are-

  • When you want to make an appeal on a rejected sponsorship application.
  • When you want to appeal a decision on residency obligation.
  • When you want to appeal a removal order

Since this appeal is time-bound, it has to be filed within 30 days from the day the refusal letter is received. Further, the Minister of Immigration, Refugees and Citizenship Canada (IRCC) produces the appeal record within 120 days from the date the appeal was received. The hearing of these appeals is done with exceptional agility so that applicants may find quick results. In cases where the Division feels that there is no need to wait for a formal hearing, the case is instantly forwarded to Alternative Dispute Resolution (ADR) which involves the applicant arguing for his/her case informally to the Member of the Immigration Appeal Division and the Minister’s counsel. The applicant’s lawyer can also ask for ADR if they want the proceedings to be held without formal hearing.

In all other cases, an appeal is responded with a formal hearing based on which the Immigration Appeal Division (IAD) determines if the appeal has to be accepted or denied. Once the appeal is accepted, the application process will be advanced further by Immigration, Refugee and Citizenship Canada.

However, there are certain grave cases where the rejection to an application cannot be revoked. Since national security and individual security of all Canadians is the prime responsibility of the Canadian government, no such application can move further where the government feels national threat to its security; or cases where the applicant has been involved in serious crime, human rights violation, or other forms of deviation from law.

We have years of experience in making appeals on behalf of our clients to the Immigration Appeal Division (IAD), which is a recognized body to hear appeals on issues related to immigration, such as issuance of removal order, a sponsorship application getting rejected, residency obligation violation, or problems related to errors in application forms leading to their rejection.

In order to understand the reason for refusal, you first need to comprehend fully the reasons for your refusal. Though the refusal letter carries the standard reasons, it is still better to have an idea. If you want to make a re-submission of the application or go for a review, it is better to comprehend the reasons for your refusal fully. Therefore it is better to submit an online Application for Access to Information to get a detailed account of reasons that led to the refusal. You will receive this response in approximately 30 days as stipulated by the IRCC. Once you have this crucial information, you can assess your case carefully and find major deficiencies in your application. In case, you feel that your application missed on some crucial information because either you forgot to mention or you deliberately left it, you should re-apply giving every little detail that is expected from you. You need to remember while making a re-application that there must be some addition in your documents and submissions to make re-application worthwhile.

You can also make an appeal to the Federal Court of Canada for a Judicial Review. A Judicial Review is requested for when you find that the immigration officer has either made an error while assessing your case or has been unreasonable or prejudiced against you. An appeal for Judicial Review must be made within the 15 days from when you received the refusal. In a Judicial Review, you challenge the immigration officer’s decision against your application and prove that their claims were wrong or irrational. For this, you must be able to point out some error or lapse of judgement on the part of the immigration officer. The Federal Court cannot decide if you are to be permitted Permanent residency in Canada. The Federal Court of Canada will only take a decision on whether your case should be sent for re-assessment. If the Court allows a re-assessment, Immigration, Refugee Citizenship Canada will go ahead with reviewing your case with a different immigration officer.

In case of refusal on sponsorship applications, the sponsor can make an appeal to Immigration Appeal Division if they feel that the enquiry of the immigration officer and the decision are misplaced. However, an appeal to the IAD cannot be made if there are criminal and medical inadmissibility findings.

In that scenario, there is a different way to proceed. It is always better to consult a professional lawyer when dealing with refusals, appeals and re-submissions.

Refusals – Work Permit Refusal, Study Permit or Visitor Visa

There are 2 ways to overcome refusals on work permit and study permit visas –

  • Re-apply
  • Submit an Appeal
  1. Re-applying – Reapplication is one option in case your application for work or study permit was not approved. For this, you need to comprehend fully the reasons for your refusal so that you may be more cautious and prepared while applying the second time. Your refusal letter might not always carry a fully detailed explanation of the reasons of your rejection so it is better to follow the formal mode of communication. First, submit an online Application for Access to Information. When you make a request for access to information, you will receive a fully detailed account of reasons that led to the refusal. You will receive this response in approximately 30 days as stipulated by the IRCC. Once you have this crucial information, you can assess your case carefully and find major deficiencies in your application. In case, you feel that your application missed on some crucial information because either you forgot to mention or you had deliberately left it, you should re-apply giving every little detail that is expected from you. You need to remember while making a re-application that there has to be some addition in your documents and submissions to make re-application worthwhile.
  2. Judicial Review – The second option is to appeal for a Judicial Review to the Federal Court of Canada. This is done when and if you find that the immigration officer made an error while assessing your case. An appeal has to be made within the 30 days from when you received the refusal. For a judicial review, you need to challenge the immigration officer’s decision. For this, there has to be some error or lapse of judgement on the part of the immigration officer. The Federal Court does not decide on your case and does not permit you to enter Canada. The Federal Court of Canada will only take a decision on whether or not your case should be sent for re-assessment. If the Court allows a re-assessment, Immigration, Refugee Citizenship Canada will go ahead with reviewing your case with a different immigration officer. It is best to consult an immigration lawyer in both the cases. If you want to re-apply, it is better to do it with professional help or you might make similar kind of mistakes again. It is highly challenging to be accurate in such applications as these demand high level of accuracy and credible information along with verifiable proofs. It can sometimes become bewildering to gather so much information and organize it in a meaningful manner. An experienced immigration lawyer can sort things for you in the most efficient and proper manner.

Investigation in marriage fraud

Sanaa’s father always wanted her to move to Canada at the right time to have bright opportunities. Though she had a complete family in India, she always knew that she would like to re-settle in Canada and explore her potential independently.

In India, Sanaa had lot of friends. She was a sagacious young girl with dreams and aspirations. All her friends knew that she would not stay in India and wished the best for her. Sanaa made friends with Rishav when they were in college together. They clicked right at their first meeting at a friend’s birthday party. Gradually, they became the best of the friends. Rishav also from the very start had realised that Sanaa has plans to immigrate to Canada permanently. He feared losing her but for a few years did not let the thought of separation deter his spirits. They continued to be the greatest of friends throughout their college.

Everyone around was convinced that Sanaa would abandon her dreams of moving to Canada because of her very conspicuous liking for Rishav. Rishav was the son of a businessman and moving to Canada along with Sanaa was out of question for him. So, all their friends were counting the moments when Sanaa would rather announce her plan of not going to Canada.

When the college was about to end, Sanaa’s father started exploring opportunities for her in Canada. It did not seem like Sanna did not want to go. That was her dream and she knew she was going to pursue it. Additionally, a big motivation for Sanaa to move to Canada was because she wanted to give a better life to her younger siblings. Sanaa and Rishav, who by now knew that they were in love with each other, had already spoken about Sanaa’s plans for Canada. They had decided mutually that Sanaa would move to Canada, as she had always planned, and meanwhile Rishav could help his younger brother settler to overtake his father’s business. This way, Rishav was free to live his own life.

Sanaa’s moment of departure for Canada was a highly emotional one. She knew she would miss her family badly but more than that she was also afraid of a long-distance relationship. Having spent so many years growing up with Rishav, she was not sure if she could survive without him around.

When Sanaa moved to Canada, it was all beautiful and promising for her. She got herself a lucrative job and a decent apartment. Her family and friends all were really happy for her. Sanaa’s relationship with Rishav also went on smoothly for the first few months. Things began to turn sour as their call timings began to clash. Both had demanding jobs and it was getting difficult for them to keep on. They had several conflicts which they, however, soon resolve.

A few years passed with Rishav and Sanaa trying to keep their relationship afloat. Sanaa was dreadfully afraid that soon the thread will snap but she wanted to cling to the relationship. Her friends back home began to advise her to let go as they had started finding Rishav a little wayward. They were no longer sure about his nature and temperament. In fact, as soon as Sanaa had left, Rishav had lost touch with the rest of them and started out completely on his own. Nobody any longer knew what he was doing.

Sanaa, however, did not suspect anything. She believed in her heart that Rishav had no reason to stay with the group anyway. Meanwhile, Sanaa applied for a permanent residency status and got approved. Everyone was thrilled and so was Rishav. Her relationship with Rishav suddenly got better. He would keep awake for her to get free, make continuous calls and keep in touch no matter where he was.

Sanna could not have wanted anything more. She had finally fulfilled her dreams and now she was looking forward to better times with Rishav. Suddenly, one day Rishav proposed marriage to her. Sanaa just could not believe what he had just said. Till A few months back she had thought that maybe it is time to move on as long-distance relationship was becoming a cause for anxiety and distress for both. Now, all of a sudden, things changed. She informed her family about Rishav’s decision and all were happy. However, Sanaa’s friends were not very thrilled with the decision. One of her friends took the courage to ask her to rethink her decision as it was going to affect her whole life. Sanaa felt embarrassed. She did not know why a friend who knew both of them since childhood would suggest her to rethink her decision of marrying someone she had always known.

Sanaa came back to India to get married to Rishav. It was a perfect wedding ceremony. Both looked happy and Sanaa’s family was very emotionally charged. Sanaa had always wanted to sponsor her siblings to Canada so that she could have them growing around her. She did not have a mother and she knew that her younger siblings really wanted her.  However, since now she was getting married she knew that she would have to defer her plan to sponsor her siblings. Her priority was setting up a home with Rishav in Canada. She started making plans to sponsor Rishav to Canada.

Sanaa returned to Canada and started making sponsorship applications to get Raishav to Canada. Meanwhile, things with Rishav again started turning rough. He would remain distant and cold most of the times. Whenever Sanaa called, he would either be sleeping or helping around his father. Sanaa called some of her friends to talk to Rishav but no one wanted to do that for the fear of offending them. Already they were not very close to him. Sanaa noticed that the time taken by the sponsorship application to process was bearing upon Rishav. She made herself believe that Rishav was getting panicked because of the long distance. She almost started feeling sorry for him. She felt that Rishav had held up to her from many years, and now his rage was not entirely misplaced.

After a couple of months, Risahv received his sponsorship approval. He was thrilled, when he called Sanaa to share the news, Sanaa felt that she had seen Rishav so happy for the first time in many months. Excited, she started making plans for his arrival. She rented a bigger apartment for both of them and started looking for a better job as she knew that initially Rishav would be entirely dependent on her.

The day Rishav arrived in Canada was the happiest day in Sanaa’s life. She had tears in her eyes throughout the time of the ride when they drove back home. Rishav was amazed when he saw Sanaa’s apartment. He said that he could not want more than what she had done for him.

For a first few months, life was all rosy and glittery. Sanaa showed Rishav around and taught him some things necessary for initial settlement in Canada. Rishav learned fast. Within a few months, Sanaa started noticing that Rishav again began to drift away. He would prefer being alone. He stopped making conversations when she returned from work. He stopped having his meals with Sanaa. Sanaa got herself to believe that Rishav was probably getting anxious about settling in a new country and missing his family. She would make calls to his family to give him a reassurance that she was with him in this.

However, it did not take Rishav long to announce that he no longer wanted to stay with Sanaa. He said that he was not happy. The announcement was sudden and completely unexpected for Sanaa. Not in so many months had she ever thought that things could come to this. At first, in a state of shock she asked Rishav to leave immediately. But as soon as he began to pack his bags, Sanaa realised that he was serious. She tried calming him down and asked for an explanation. When Rishav started talking, Sanaa realised that Rishav had been making plans from many months to leave. He had, in fact, already looked for an accommodation and job for himself.

Sanaa was shocked. She called her parents back home who themselves could not figure out what went wrong. She also called her friends who were better prepared to receive the news. They had always known that something was amiss.

Sanaa was devastated. She could never have expected this from Rishav and not at all from her life. For may months, she could not bring herself to face the world. She was distraught and began to get anxiety attacks. A few of her friends in Canada helped her tremendously during this low period. One of her Mexican friends in Canada advised her to complain against Rishav as Rishav had exploited not only Sanaa’s innocence and had also mocked at Canada’s immigration laws.

Canada allows spousal sponsorship in order to bring families together. However, Canada is also severe in punishing people who mock at the system and dupe people for immigration goals.

That was when Sanaa came into our contact. When we heard her story, we could not believe that this could happen with someone who had know a boy from many years. However, we backed Sanaa for her decision to file a complaint against Rishav.

We made a strongly compelling submission against Rishav to the Canada Border Services Agency (CBSA). The CBSA is responsible for ensuring safety and protection of its Canadian nationals and undertakes such cases. Rishav was summoned by the CBSA and a hearing was scheduled. During his interrogation, he was found guilty of duping a girl and committing fraud marriage.

Though Sanaa received many calls from Rishav apologising and asking for another chance, Sanaa was sure that she did not want to trust a man who had been betraying her for so long. Rishav has already received his removal orders from CBSA and very soon will have to leave.

Though Sanaa is as devastated as she was months back, at least she has gained the confidence to start her life again.

Our blessings and good wishes to her and her family!

Assisted Voluntary Return and Reintegration Pilot Program.

The Canada Border Security Agency provides border security services to ensure safety of all Canadian nationals. The CBSA is responsible to execute the removal of any individual from Canadian borders who has been issued deportation or removal orders.

Assisted Voluntary Return and Reintegration (AVRR) Pilot Program was initiated by the CBSA to quicken the removal of low-risk refugee claimants who have been refused refugee status in Canada. The program was especially introduced for remove failed refugee claimants in a timely and cost-effective manner.

Recently, a family approached us to seek consultation on the AVRR. They wanted to apply for Assisted Voluntary Return and Reintegration Pilot Program as they had failed to attend a court hearing on their Refugee Claim. However, it was not possible for them to do so as they had not yet received a negative determination on their refugee claim. In order to apply for AVVR, the applicant must receive a refusal on their refugee claimant application.

The prime purpose of the AVVR was to facilitate the removal of those low-risk refugees whose claims of protection had been refused by the CBSA and since there were many such people awaiting departure from Canada, the CBSA initiated this program to pave way for them to leave Canada as quickly as possible. This would give the CBSA additional time and resources to focus on high-risk refugee claim applications.

If an applicant’s case is withdrawn or abandoned, then the AVVR is not applicable.

How to Return to Canada of your Permanent resident Card is Expired

If your renewal for Permanent Resident Card application is under processing and your card expires while you are away from the country, you will have to apply for a Travel Document from outside of Canada in order to enter Canada as a Resident. A Travel Document will authorise you as a Resident of Canada. There is one important condition on the card – you should have stayed at least for 1 day in last one year in Canada in order to qualify for applying for the Document.

In case, your application for Travel Document is refused, you can make a Residency Obligation Appeal at the Immigration Appeal Division (IAD).