Frequently Asked Questions

What is Pre-Removal Risk Assessment?

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 People facing the threat of getting removed from Canada are given the opportunity to apply for Pre-Removal Risk Assessment (PRRA). In order to make a PRRA, you have to give a written submission to the Immigration, Refugee Citizenship Canada (IRCC) once the CBSA (Canada Border Services Agency) has given you the permission to go ahead with it.

If you are refused refugee claim once, you cannot make a Pre-Removal Risk Assessment if one year has yet not been completed since you received the refusal on your refugee claim. A PPRA is assessed keeping in mind the following points:

  1. If the applicant proves that he/she is in danger of persecution, torture or harassment if the applicant returns to his/her own country.
  2. They the applicant can prove that they will experience disproportionate suffering in their own country.
  3. If the applicant can establish that the government of his/her own country cannot provide them with protection or medical care.

Also the applicant’s criminal history, medical history and immigration history will be considered.

For What Reasons can a Pre-Removal Risk Assessment be Cancelled?

If a complete one year has not elapsed from the time when your refugee claim was refused, your application for PRRA will be cancelled. The law was enforced on August 15, 2012 and since then all PRRA’s should be submitted only after 12 months have passed since the date you received your refugee claim refusal.

 

Permanent Residence Application if You have a Common Law Partner

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If a couple has been living together in a conjugal relationship for at least one year even without legal civil or religious ceremonial marriage, they are recognized as common-law partners including same-sex partners. The Canadian law considers such couples as legally qualified for immigration if they can provide proper proof of living together continuously for at least 1 year. It is advisable to state in your application that you have a common-law partner. The disclosure will not affect your application in any way. In fact, withholding such information can lead to the assessment that you were deliberately hiding a crucial information. This can later become a case of misrepresentation with damaging results for the applicant. In case, you feel that you will face difficulty in establishing your relationship as common-law partners, you are advised to seek legal help from an experienced professional or a legal firm.

Benefits of Hiring a Licensed Lawyer

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The benefits of hiring an immigration lawyer cannot be undervalued. Apart from the unignorable fact that they are experts in their fields and understand deeply what we might overlook, they are also efficient and exact in their work.

Immigration applications are lengthy and demand much significant information about the applicant’s personal history, educational credentials, work experience and other such crucial details. These applications are then reviewed by the immigration officers who will decide the authenticity of people based on their own submissions. Even the slightest error, any gaps, misinformation, or omissions in the application can raise serious objections on the integrity of the applicant. If an application gets rejected once, it becomes quite challenging to re-apply. Hiring an immigration lawyer can save you from the unnecessary delays caused by mistakes or omissions in an application.

An experienced immigration lawyer can help you in selecting the best program to apply under according to your credentials and assist you with filling the application form. Every program demands different set of skills, qualifications or work experience. Also, verifiable documents are a necessary pre-requisite for these applications. Only an immigration lawyer can help you in selecting the program that suits your work experience. The lawyer can also help you in gathering documents that support your claim to apply under a certain program. An application form can become a tedious affair if you do not fully understand the importance of it. A lawyer understands the value and can assist you in giving the right details and attaching them with all the supporting documents. They can also assess before-hand what might go wrong in your application and therefore devise a mitigation plan.

An immigration lawyer can a great help in case you fear, or have already been rejected visa for criminal inadmissibility, medical inadmissibility or complicated immigration history. If you did not hire an immigration lawyer at the application stage and are rejected for immigrating to Canada, do hire a lawyer for an appeal or a review. An immigration lawyer can turn the tables for you and fulfil your dream of immigrating to Canada with his expertise and experience in the field.

Difference between Appeal and Judicial Review

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In context of order which is challenged in higher court: In appeal, the higher court can substitute the opinion of lower court with its own opinion. In judicial review, the higher court considers whether the lower court’s order is correct or not and if not, it directs the lower court to decide the matter again.

Appeal to the Immigration Appeal Division (IAD)

The Immigration Appeal Division (IAD)  is a recognized body in Canada 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.

Immigration applications are a tricky business and can get rejected for a number of reasons ranging from misinformation to a complicated immigration history. However, every applicant is given an opportunity to make an appeal to the tribunal for a re-assessment of his file/case. Appeals are all time-bound and have to be made within the prescribed timeframe. Every program has different time limits set for making an appeal to the IAD. An appeal to the IAD is taken further by a Board Member who reviews the decision of the officer and also evaluate documents submitted by the officer and the applicant. New evidence or documentation is acceptable. If the decision of the appeal is in favour, your case will go back to the immigration office to a different officer to re-assessment.

The programs under which you are permitted to make an appeal are –

  • Family Class Sponsorship
  • Spousal Sponsorship
  • Removal Order
  • Residency Obligation

Judicial Review at the Federal Court of Canada

The Federal Court of Canada is the national court responsible for managing legal disputes registered under the federal domain. According to the Canadian law, an applicant can ask the Federal Court to review immigration decisions. Such a review application in the Federal Court of Canada is time-bound. The time limit differs for every program, for instance, the timeframe for a rejection on spousal sponsorship visa might be different from time given for a refugee claim review. A person who applies for Judicial Review on any immigration-related issues falls under the Immigration and Refugee Protection Act (IRPA).

A review at the Federal Court will be conducted in 2 stages –

  1. Application for Leave: The first stage, also called the Leave Stage, is where an applicant submits a request for review with detailed explanation of why he/she feels that the decision on his/her application was unfair, biased or erroneous. If Federal Court permits Leave, it means that it grants you the review and has consented to re-examine your case.
  1. Judicial Review: Here, the applicant is required to attend the oral hearing before the Federal Court and represent himself/herself. The applicant will be explaining to the Court in-person why he/she thinks that the immigration officer’s decision is wrong. The hearing for the judicial review is held within 30-90 days of leave granting. You can represent your case yourself or can hire an immigration lawyer to represent you for hearing. Then, you are free to attend or miss your hearing. The onus of granting or refusing visa does not rest with the Federal Court but it decides if an immigration officer has failed to review a case as per the Canadian Immigration Laws. Whenever a decision of an immigration officer is proven unfounded, the case is sent back to be re-examined by a different immigration officer. However, if the Court concurs with the decision if the immigration officer, the applicant will have to stick with the final verdict on his file. The refusals which can be judicial reviewed by the Federal Court of Canada directly are –
    • Federal Skilled Worker (FSW)
    • Canadian Experience Class
    • Provincial Nominee Program
    • Investor, Start-Up and Entrepreneurial Appeal
    • Live-in Caregiver
    • Work Permit and Study Permit
    • Temporary Resident Visa
    • Humanitarian and Compassionate (H&C)
    • Pre-Removal Risk Assessment
    • Request for Deferral
    • Family Class Sponsorship
    • Spousal Sponsorship
    • Residency Obligation
    • Removal Order
    • Refugee Claim or Protection Claim

Judicial Review is a complex issue and demands a great insight into Canadian laws. We do not advise people to deal with judicial reviews independently. Not only is there a lot of room of misjudging a legality but collecting right documents can also become a difficult task. We have a team of highly committed, confident and experienced professionals who can assist you in every possible manner. Consult Lexlords if you wish require professional assistance.

Judicial Review at the Federal Court of Canada

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The Federal Court of Canada is the national court responsible for managing legal disputes that fall in the domain of the federal. As per the Canadian law, you can request the Federal Court to review immigration decisions. Review in the Federal Court of Canada has to be requested for within a limited period of time. The timeframe will differ for every program, for instance, the timeframe given to apply for a rejection on spousal sponsorship visa might be different from refugee claim review. It is important that you keep yourself updated about these timeframes.  If you want a review or want to make an appeal, professional assistance is best advised.

A person who applies for Judicial Review on any immigration-related issues falls under The Immigration and Refugee Protection Act (IRPA). A review at the Federal Court will be conducted in 2 stages –

  1. Application for Leave: The first stage which is termed as the Leave Stage, the applicant is required to submit a request for review with detailed explanation on why he/she feels that the decision on their application was unfair, unreasonable, biased or erroneous. At this stage, it is extremely important that you 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 attend the oral hearing before the Federal Court and represent himself/herself. The applicant, here, will be explaining to the Court in-person why he/she thinks that the immigration officer’s decision is wrong. 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 immigration lawyer to represent you for formal hearing. In that case, you are free to attend or miss your hearing. The responsibility of granting or refusing visa does not lie with the Federal Court but it takes the crucial decision of deciding if an immigration officer failed to review a case as per the Canadian Immigration Laws. Whenever a decision of an immigration officer is found wrong, 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 stick with the final stance of the Court. The refusals which can be judicial reviewed by the Federal Court of Canada directly are –
    • Federal Skilled Worker (FSW)
    • Canadian Experience Class
    • Provincial Nominee Program
    • Investor, Start-Up and Entrepreneurial Appeal
    • Live-in Caregiver
    • Work Permit and Study Permit
    • Temporary Resident Visa
    • Humanitarian and Compassionate (H&C)
    • Pre-Removal Risk Assessment
    • Request for Deferral
    • Family Class Sponsorship
    • Spousal Sponsorship
    • Residency Obligation
    • Removal Order
    • Refugee Claim or Protection Claim

Judicial Reviews are very complicated and demand a great insight into Canadian laws. It is not advisable to deal with them individually as there is room for a lot of mistakes. Some people also get entrapped in their own statements while representing themselves. Other than that, creating documents to challenge the decision of the immigration officer might not be an easy task. We have a team of highly committed, experienced, and fully confident professionals can assist you by offering strategic solutions to problems unforeseen. Consult Lexlords if you wish a smooth sailing experience of immigration to Canada under any status or program.

 

Expired Permanent Residency Card Renewal

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Permanent Residency Card can be renewed if you have stayed (have been physically present) in Canada for at least two years out of five. Other considerations are as follows-

  • You are fully employed in Canada.
  • You are accompanied by a Canadian spouse, common-law partner (including same-sex partner) or parent.
  • You are with a permanent resident in employed in Canadian public services.

The process should not be a long one if you have all the required documents and meet the minimum eligibility criteria.

Renewal of Permanent Residency Card if you have Stayed mostly out of Canada

Your permanent resident card can be renewed if you have genuine reasons to establish for your absence from the country. Most of the times, such applications are considered under Humanitarian and Compassionate ground category. What is crucial in these cases is how persuasive and compelling your submission is. In all such cases, it is best to get professional assistance.

Applying for Permanent Residence

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First introduced in 2015, Express Entry is an online system for managing and regulating applications for permanent residency status by skilled workers. Various programs initiated for Express Entry are –

  • The Federal Skilled Workers Program (FSWP)
  • Federal Skilled Trades Program (FSTP)
  • Canadian Experience Class

Provincial Nominee Programs (PNP) managed by the governments of various provinces and territories in Canada can nominate and recruit applicants from the Express Entry pool of online applications.

Express Entry program aims to respond to prospective immigrants who want a quick and easy way to immigrate to Canada and start a new life.

This is an “expression of interest” type of application. The program not only quickens the processing time of the immigration file but also includes far wider range of occupations and trade for more wide inclusion. It is hoped that this program will become of the popular program amongst the economic class applicants vying for Canada.

Who can Apply under which Category?

  • Federal Skilled Workers Program (FSWP): The Federal Skilled Workers Program (FSWP) is an Express Entry pathway where people with various skills can immigrate to Canada based on their educational qualification, work experience, age, adaptability and language proficiency. They need to have an arranged employment to apply under this program.
  • Federal Skilled Trades Program (FSTP): The Canadian Federal Skilled Trades Class Program (FSTC) is an Express entry immigration system permitting skilled workers across various specified trades to become permanent residents of Canada. This program was initiated in order to acknowledge and honour those engaged in diverse skilled trade occupation and who can benefit from an exclusive program.  The applications are assessed to determine the applicant’s training, skills, and the applicant’s ability to remain financially independent in Canada. The applicant has to qualify as per the requirements mentioned in the National occupation Classification System (NOC) that classifies the applicant’s skills under a Comprehensive Ranking System (CRS). Additionally, the applicant will be required to show a valid proof of a full-time employment offer for at least one year at a stretch. A total of 30 hours work schedule per week is generally admitted as full-time employment. The same also applies on applicants with a part time job or two part-time jobs.
  • Self-Employed: Canadian Self-Employed Program targets people who wish to be self-employed in Canada and contribute emphatically to its positive growth on a global platform. It is for those who work independently as musicians, writers, athletes, film makers, photographers etc. Self-employed Persons Program facilitates easy immigration to Canada as permanent residents to people who are self-employed if they fulfil the minimum eligibility criteria. The applicants should have appropriate experience as self-employed and should demonstrate keenness to contribute competitively to the cultural activities or athletics of the country. It is also beneficial for agriculturalists seeking to own their own farmlands in Canada.
  • Start- Up Visas: The Entrepreneur Start up Visa category under Business Immigration to Canada Program allows you immigration to Canada as a permanent resident. This program is specially designed in a way that it facilitates aspiring entrepreneurial applicants to find the right platform for guidance, support and assistance for establishing their business in Canada. The applicants are required to fulfil the minimum eligibility criteria in order to benefit from this provision.

Settlement in Canada

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The different type of work permits for Americans are-

  1. Work Permits for NAFTA – NAFTA professionals can choose to apply from a huge variety of professions. The only pre-requisite is to have an arranged employment.
  2. Intra-Company Transfers – you can easily get transferred in Canada if your company has an affiliate or subsidiary in Canada. Your company can also select you as an employee to work in one of its new set-ups in Canada.
  3. Owner/Operator – You can set up your own business if you are an entrepreneur, have sufficient funds in liquid, and can demonstrate that you have appropriate experience in the business that you wish to establish. Even self-employed people with a potential to bring reputation and recognition to Canada have a good chance of getting approval.

In all these types of work permits, spouses of the applicant can also qualify for open work permits once they meet with certain requirements. Even the children of principle applicant can attend schools by obtaining a study permit.

Is it possible for anyone from USA to move to Canada?

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For better opportunities, anyone would wish to relocate in a new country to seek new opportunities for employment, happiness and contentment. Americans wish to move to Canada for a better and more peaceful life.

Canada is a beautiful, peaceful and diverse country with exquisite landscapes and enchanting environment blended with urban growth. Nowhere in Canada will you find culture suffocating nature. Civilizational growth in Canada has happened with leaps and bounds but without disturbing the serenity of its natural landscape. Along with scintillating views of mountains and canopies, one will find the most advanced infrastructure, social systems, employment opportunities and world-best health care in Canada.

Canada is a dream destination for some but the ideal place for living for many. People across the world crave for an easy life where nature and culture can be experienced in a fine synthesis and they know Canada is just that kind of place.

If anyone wishes to settle in Canada on permanent basis, it is imperative to first make a thorough research on various provinces and territories in Canada. It is significant to decide where one would like to settle. Every province or territory has its own labor-market shortages, own legal procedures, autonomous rules and code of conduct, and also very different labour demands. One needs to make a full assessment of one’s own skills, the needs of other members in the family, the target standard of living one wants to accomplish and compare it with the opportunities available in various provinces. Such an assessment would demand both time and guidance.

It is, therefore, very important to seek Lexlords professional assistance before deciding where to go. An experienced immigration consultant would know what program, place and provision is best for you and for other members of your family. They can work out a detailed plan for getting you moved to Canada and make this otherwise intimidating experience an easier one.

If you apply through a work permit first, do ensure that you carry the right documents into Canada, have an arranged employment and follow all the procedures of border cross over.

Success with Criminal Inadmissibility Decision

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Criminal inadmissibility is a complicated charge to challenged and overcome. Usually it taken months, or in some unfortunate cases, years to challenge and overcome inadmissibility finding. Last year, we were contacted by a client who was denied permanent residency because of criminal inadmissibility charge against the husband. The couple had already tried living abroad but had faced discrimination and ill-treatment in the country. The wife who was a Canadian was desperate to come back to Canada and settle in Canada permanently. The individual was being sponsored to Canada by his wife and was seeking a permanent resident status. We assisted them to make an appeal to the Immigration Appeal Division (IAD) wherein we argued that the individual’s crime was committed decades ago and was not serious. It was proved with verifiable evidence that the individual was not inadmissible to Canada. Lexlords team made a thorough research into Canadian legal procedures to find appropriate legal provision so that we could argue in favour of our client. Finally, the Immigration Appeal Division agreed and the couple could finally travel back to Canada together.