Immigration Canada PRS has the experience and specialized skills required to effectively address challenges to the admission of foreign nationals to Canada and to the status of temporary and permanent residents. Chief of among our skills is written and oral advocacy on behalf of our clients. Language is the only instrument of the law, and nowhere is language a more critical factor than in responding to challenges confronting our clients
Has your application been refused?
Refusals of sponsorship applications can be appealed by the sponsors of married or common-law partners, parents or grandparaents and dependent children to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board. Immigration Canada PRS has successfully represented dozens of clients in their appeals to the IAD. In many cases the appeal process can be expedited by a paper-based submission and in-camera decision or by an Alternative Dispute Resolution procedure.
If you have received a refusal of your sponsorship application, call Immigration Canada PRS without delay. You have only 15 days to file your notice of appeal to the IAD.
Refusals of other permanent and temporary residence applications cannot be appealed, but it is always possible to request reconsideration of a refused application. Immigration Canada PRS has frequent success in the preparation and submission of requests for reconsideration of refused temporary residence applications.
Have you been denied entry to Canada?
It is not an uncommon experience for Americans or other foreign nationals arriving at a land border crossing into Canada to be denied entry on the grounds that they are criminally inadmissible to Canada. The most common reason is because the border officer has determined that the foreign national has a record of as little as a single “driving-under-the influence” conviction.
Criminal inadmissibility can be overcome. Foreign nationals with criminal records may be eligible to submit an application for criminal rehabilitation. If they are not eligible, they may still be able to overcome their criminal inadmissibility to Canada by the issuance of a Temporary Resident Permit, if their need to enter Canada can be demonstrated by the economic value to Canada of their temporary presence in Canada or by compelling humanitarian and compassionate factors.
If you have been denied entry to Canada by reason of your criminal inadmissibility, call Immigration Canada PRS! We have more than ten years’ experience helping foreign nationals overcome their inadmissibility.
Has your admissibility to Canada been questioned?
If you have submitted an application for temporary or permanent residence in Canada, you cannot be found inadmissible without being given the opportunity to disabuse the immigration officer of his concerns about your admissibility to Canada. If the officer assessing your application has such concerns, he will send you what is called a “procedural fairness letter,” giving you 30 or 60 days to respond to his concern that you might be inadmissible:
- Because you have criminal record, or
- Because you misrepresented certain facts, or failed to declare certain relevant or material facts, or
- Because you have a medical condition which might be a danger to the public health or safety of Canada or might cause excessive burden on Canada’s health services
A procedural fairness letter is to be taken seriously. Ignoring it will result in the refusal of your application. A response to a procedural fairness letter is to be taken seriously too. A simple, undocumented narrative explanation in the form of a letter will not be satisfactory. An effective response must be a submission which includes the applicant’s declaration of the facts in the form of an Affidavit, together with documentary evidence supporting the applicant’s declaration, and analysis of the legal precedents supporting the applicant’s position that officer’s allegation of inadmissibility is unfounded.
If you receive a procedural fairness letter, call Immigration Canada PRS without delay for experienced professional representation and skilled service.
Have you failed to meet your permanent residency obligation?
Applications to renew a PR Card must be made within Canada. Immigration Canada PRS specializes in representing permanent residents who have not met their obligation to have been physically present in Canada for at least 730 days in the five-year period immediately preceding the date of their application. In such cases, renewal of their PR Card requires demonstration that there are compelling humanitarian and compassionate reasons for the applicants’ inability to have met their residency obligation.
Permanent residents who are outside Canada with an expired PR card must make an application for a Permanent Resident Travel Document to a Canadian visa office outside Canada. Their Travel Document permits them to return to Canada where they can submit an application for a new PR card. Permanent residents who have been outside Canada for more than three years may still be issued a PR Travel Document if they can establish compelling humanitarian and compassionate reasons for having not been able to meet their residency obligation and the hardships that will be caused by loss of their permanent resident status.
Are you in Canada but out of status?
There are two ways in which foreign nationals who are living and working in Canada without status can make application for permanent residence:
- Either sponsorship by the married or common-law partner with whom they are living
- Or by submitting an in-Canada application for permanent residence on humanitarian and compassionate (H&C) grounds
In-Canada Spousal/Common-law Sponsorship for out-of-status foreign nationals: It is the policy of the Federal Government of Canada that citizens and permanent residents of Canada may sponsor for permanent residence in Canada the married or common-law partner with whom they are living, regardless of the foreign partner’s status in Canada (or lack of status, or even they are under removal order) and regardless of whether the foreign partner has worked in Canada without authorization.
In-Canada H&C application: An individual foreign national who is out of status, or a married or common-law couple, both of whom are foreign nationals living in Canada can submit an application for permanent residence on humanitarian and compassionate grounds. Approval or refusal of an H&C application is at the discretion of the immigration officer who assesses it. The officer will take into account:
- The length of time the applicant has been in Canada
- The applicant’s degree of establishment in Canada
- The applicant’s economic independence
- The applicant’s family ties in Canada
- The hardships the applicant would suffer if denied permanent residence in Canada
- The best interests of any child affected by the decision
The written advocacy skills of Immigration Canada PRS have been the critical factor in the success of many H&C applications submitted by our clients. However, we do not encourage the submission of applications in faint-hope cases. For an honest and responsible assessment of the appropriateness of an H&C application in your circumstances, call Immigration Canada PRS.
Is a family member or friend in immigration detention?
Foreign nationals who have been detained by Canada Border Services Agency for being in Canada without status, or otherwise violating immigration rules and regulations, have a right to a Detention Hearing of the Immigration Division of the Immigration and Refugee Board. At that hearing they can make the case that they should be released on bail, pending their removal from Canada.
Specialized experience and oral advocacy skills have been the critical factors in the release from immigration detention of dozens of Immigration Canada PRS clients.
If a family member of friend is in immigration detention tonight, call Immigration Canada PRS to secure his or her release tomorrow.