Our professional Immigration Consultancy services include, but are not limited to the following categories:
Permanent Residence Visas
Immigrating to Canada as a permanent resident is an exciting opportunity. If you become a permanent resident, you will have freedom to live, study and work in Canada. There are several ways to immigrate to Canada permanently.
You can apply for a permanent residence visa for you and your eligible family members as a Skilled Worker, Investor, Entrepreneur or Self-Employed. You will need to decide which immigration program best suits you to economically establish in Canada, based on your education, work experience, knowledge of English and/or French and your personal net worth.
Caregivers are screened by a Citizenship and Immigration Canada (CIC) visa officer before they are issued a visa to enter Canada. Following is the eligibility criteria for the Live-in Caregivers:
- successful completion of the equivalent of a Canadian secondary school
- at least six months of full-time classroom training or at least one year of work experience as a caregiver or in a related field or occupation within the last three years, including at least six months of continuous employment with one employer
- the ability to speak, read and understand English or French so that they can function on their own in an unsupervised setting
- passing medical, security and criminal clearances
- a signed written employment contract with an employer in Canada
There must be a written employment contract signed by the employer and the Live-In-Caregiver indicating that the Live-In-Caregiver Program requirements have been met. Employment Contract should also specify the Job duties, hours of work, wages, accommodation arrangements, holiday and sick leave entitlements, termination and resignation terms and the Medical Insurance coverage provided from the date of the live-in caregiver’s arrival until he or she is eligible for provincial health insurance.
Effective April 1, 2010, live-in caregivers working in Canada have two options for calculating their work experience to be eligible to apply for permanent residence:
- 24 months of authorized full-time employment, or
- A total of 3,900 hours of authorized full-time employment;
- Have four years from their date of arrival to complete the employment requirement to be eligible for permanent residence under the Program; and
- No longer need to undergo the standard mandatory requirement for a second medical exam when applying for permanent residence. ul>
When a CIC office refuses sponsored application for permanent residence then the sponsor is informed about the reasons for the refusal and of the right of appeal to the Immigration Appeal Division (IAD). The sponsor may appeal the refusal of the application to the IAD
The Immigration Appeal Division (IAD) is an administrative tribunal that handles the appeals for refusal of Sponsorship applications for the members of the family class. It provides an independent review of decisions made under the immigration program. The IAD examines cases before it for possible errors in law, in fact, and mixed law and fact, or for failure to observe a principle of natural justice and make the decision accordingly. IAD has the authority to reverse valid decisions on equitable grounds.
There can be several reasons for the refusal of a Sponsorship application including, Misrepresentation, Bad faith family relationship, Health grounds, Financial obligations, Requirements to sponsor, Criminal record etc.
There is no right of appeal to the IAD if the foreign national (applicant) is inadmissible on the
Below mentioned grounds:
- Security, violating human or international rights;
- Serious criminality with respect to a crime that was punished in Canada by a term of imprisonment of at least two years;
- Organized crime; or
- Misrepresentation (an exception applies to spouses, common-law partners and children). ul>
- Whether authorizing the applicant to enter would result in the reunion in Canada of the appellant with close family;
- The strength of the relationship between the applicant and the appellant;
- Whether the parties to the application have obligations to one another based on their cultural background;
- The availability of health services to the applicant in Canada and abroad (for refusals based on medical grounds);
- Whether there is evidence of rehabilitation or the risk of the applicant reoffending (for refusals based on criminal grounds). ul>
IAD may consider some of the below mentioned factors during the appeal process.
If the IAD allows the appeal and refers the matter back for reconsideration and the Minister does not
File an application for leave to apply for judicial review of the decision, then the case is returned to the
Appropriate visa office for reconsideration in accordance with the IAD’s decision.
Humanitarian and Compassionate Appeals
The equitable jurisdiction of IAD allows it to consider factors that may warrant an appeal being allowed even if the decision is valid in law. The IAD may consider the existence of compassionate and humanitarian considerations that would warrant the granting of special relief, at the time the appeal is disposed of, for example taking into account the best interests of a child directly affected by the decision.
If the refusal is based on the fact that the sponsor has not met the minimum necessary income requirement or is in default of a previous sponsorship as of the date on which the undertaking was given, officers should argue, the fact that the sponsor would meet the requirements if the current situation were taken into consideration does not constitute, in itself, sufficient humanitarian and compassionate grounds.
In the case of an appeal where the application is based on membership in the family class, the IAD has to be satisfied that the foreign national is a member of the family class and the sponsor is a sponsor within the meaning of the Regulations, before it can consider humanitarian and compassionate considerations.
Pre-Removal Risk Assessment (PRRA)Application for protection: The persons in Canada may, in accordance with the Immigration and Refugee Protection Act and Regulations, apply to the Minister for protection if they are subject to a removal order that is in force or they are named in a security certificate, being inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality.
Application for protection under PRRA will be considered on the following grounds:
(a) An applicant whose claim to refugee protection has been rejected may present only new evidence that arose after the rejection or was not reasonably available, or that the applicant could not reasonably have been expected in the circumstances to have presented, at the time of the rejection;
(b) A hearing may be held if the Minister, on the basis of prescribed factors, is of the opinion that a hearing is required;Restrictions:
Application for Pre-Removal Risk Assessment may be rejected if the person:
(a) Is determined to be inadmissible on grounds of security, violating human or international rights or organized criminality;
(b) Is determined to be inadmissible on grounds of serious criminality with respect to a conviction in Canada punished by a term of imprisonment of at least two years or with respect to a conviction outside Canada for an offence that, if committed in Canada, would constitute an offense under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years;
(c) Made a claim to refugee protection that was rejected on the basis of section F of Article 1 of the Refugee Convention; or
(d) Is named in a security certificate