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January
4

The Canadian Government has created a system for online visa applications. In late December, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced that those seeking Canadian work permits or visitor extensions can now utilize the online system.

The online application system is supposed to  eliminate some of the costly and time consuming problems that arise when relying on mail applications, including incomplete forms or errors. The online forms can only be submitted once they are complete.

The government advises that doing it this way  makes accidentally missing part of the forms or incorrectly filling them out a non-issue. However,  this is far from the case.  The online software may indeed prevent you from missing your birth date or some other information on the form. But no software will  guide you as to the content you have to enter on them. And in our experience, most visa application refusals are due to content errors.

While as Kenny says “extending our online services to more temporary residents will significantly facilitate the application process by providing faster, more accessible and efficient services,” you should beware of the pitfalls of such online convenience. Once you submit your application online, you are committed to what you state in your application. Therefore it is always advisable to consult with a qualified immigration lawyer before sending in any immigration or visa applications online or by mail. Online applications may guarantee a paperless process but certainly not an approval.

Previously, only international students were able to apply online. In the future, CIC intends to make it possible for all types of applications to be made online. The service is available to all temporary residents, with the exception of applicants who want to work in Canada through co-op work permits.

Call Niren and Associates Immigration Lawyers at 1-866-929-0991 or info@visaplace.com for any questions on Canadian or US Visas.

Posted by Michael Niren   » Make Comment »
September
19

My husband, a Mexican citizen, was refused for refugee protection and he appealed for the federal court for revision. His  lawer said it was refused but he never got a letter from CIC. He waited for the PRRA but he never got it. (HIs parents were here for the same reason under the same case but they got the PRRA and the removal order and they left Canada). My husband was expecting to get the removal order but he never did. My husband went to CIC office and an immigration officer told him to leave voluntarily before getting the removal order. My husband is now in Mexico, but he wants to come back with me. I hold a study permit  (I am not a refugee claimant) and I applied for permanent residence and included my husband. The immigration officer told him that he needs to ask for a Canadian Pardon. We dont know what to do, onr how to do it. Now, as Mexicans we need to ask for a temporary resident visa. This complicates things. We dont know if we can trust a lawyer now because we already went to two and we think they did not do a very good job.

________________

As a failed refugee claimant, your husband has been deemed deported and will require what is called an “Authorization to Return to Canada” (ARC). Since you are applying for Canadian permanent residence and have listed him as a dependent husband, he would be eligible to accompany you to Canada subject to criminal and medical checks. However, because of his immigration history, he will require an approved ARC as well.

Posted by Michael Niren   » Make Comment »
August
17

Sometimes it is important it take a step back and gain some perspective about why we do what we do. As immigration lawyers, we handle thousands of immigration and visa applications. There are a lot of technical issues to think about on a daily basis in order to properly process these applications. To do our job we have to consult the immigration regulations and manuals to make sure things go smoothly. Often I think about what is behind all these rules and regulations etc. The answer is more “big picture stuff” like demographics, policy and politics. Below is some perspective on the “big picture” that may help answer some questions about the why things are the way they are in the context of Canadian immigration.  

The population shortage in Canada has led to a very positive attitude towards enticing immigrants to live and do business in the Great White North. After World War II,  Canada accepted large numbers of refugees, known then as “Displaced Persons,” from destroyed European countries. They were Italians, Poles, Czechs, and others who wanted to be accepted in a country without war, where they could build a new life.

Life was and is comparatively good in their new home: Canada is a top-ranked country, often reaching the number one place to live in the world based on key measures. Universal health care is a major benefit, with basic access for all. The environment is cleaner than other places, the education system is excellent, neighborhoods are generally safe, and there’s overall racial harmony and equality in the workplace. It goes without saying that nobody is considered a target because of where he or she from.

That tradition has brought a wide diversity of ethnic communities; thirty-six separate ethnicities have populations of over 100,000 in Canada. Almost every country in the world is represented within the population.

Decades later, the population is still shrinking at a rate of 1.5% so hard-working new citizens are needed to make the economy work. The economic class of immigrants is desirable to bring money and skills into the country. Someone moving here to work is expected to have money to survive for six months. Entry to Canada usually starts with a temporary residence in Canada such as work permit or visa applications, which later can lead to Canadian permanent resident status. There are thirty-eight skilled job classificationspursued by Immigration Canada as worthy of fast-track processing under the Skilled Worker Category.

There is a liberal policy to allow Family Class immigration to Canada. This is generally the easiest way to qualify for an immigrant visa. And once a person is a Canadian permanent resident it can be a fairly straightforward matter to bring certain relatives into the country. There may of course be complications which have to be assessed and managed by an immigration lawyer.

Another category for Canada Immigration is for Business Immigrants or for the Business Class, where an applicant typically immigrant owns at least a third of a business and has $300,000 in business assets. This is category is called Entrepreneur. The intent is to create new jobs for Canadians, thus stimulating the economy. The government needs taxpayers so this plan looks good on paper. In practice this can lead to abuse and it results in financial loss without the government realizing it.

There is also the Immigrant Investor Category where the applicant is required to have a net worth of at least $800.000Cnd and make an investment of $400,000Cnd for a 5 year period. This amount can be financed under certain conditions.  

In terms of statistics regarding the various immigration categories, here is a breakdown for a four-year period (2004-2008) of new residents to Canada: Family Class 65,567; Economic Immigrants 149,072; Refugees 21,860; other immigrants 10,742 – for a total of 247,243 people who have gone through the process in the last four years. Almost ten percent of those granted entry were refugees. Many who show up to claim refugee status remain in the country even if their claim is rejected. This is caused by a poorly-defined screening process that has resulted in tens of thousands of warrants and deportation orders (which are not usually enforced).

When dealing with governments it is always best to use the services of an immigration lawyer who deals in Canadian Immigration matters so that the correct procedure is followed the first time. Any mistake can force the applicant to begin all over again or worse, get a refusal from Canada Immigration. Therefore it is often  hiring a professional avoid lengthy delays in reprocessing or appealing. The immigration lawyer will know the most appropriate form to expedite the application. The odds are definitely in favor of the immigrant who knows where he or she going in terms of paperwork or procedure.

Posted by pat   » Make Comment »
August
14

Q.  My family intends to apply for Permanent Residence and we are deciding whether or not we should hire an immigration lawyer to represent us. What are the pros and cons?

_____________________

A.  The question as to whether to retain the services of an immigration lawyer to help you with your immigration or visa application is of course a personal one. However, having being involved with thousands of immigration and visa applications over the years, I can tell you that all to many applications are refused, delayed and mishandled by just about everyone involved in the process from the government authorities to the applicants themselves.

The role of an immigration lawyer as I see it is to facilitate the immigration application process to its conclusion, making the procedure as “painless” as possible. Further where an immigration or visa application is refused, the lawyer should vigorously fight for his or her client’s rights where there is a chance to overturn the decision on appeal.

Moving to or working in another country is a major and sometimes life changing decision. Getting it right is obviously important. In a perfect world, it would be nice to just fill out a form, submit it and wait for your Visa. The immigration system is, unfortunately, far from perfect–despite what you may be lead to believe.

Even Citizenship and Immigration Canada (CIC) itself sadly contributes to the “myth” of easy access. The first page of their website discusses the need to hire legal counsel for the immigration process. Their message is beware of fraud and that special treatment will not be given to you just because you hired a lawyer.

While it is true that applicants should be careful about who they hire to represent them and to always check their representative’s credentials, hiring a competent immigration lawyer certainly helps more than hurts! I think CIC is doing a disservice to applicants and their families by skewing the message here. In fairness, CIC should also publish their immigration refusal rates on their home page which would reveal the real picture.  Many of our cases deal with immigration application refusals from people who decided to go it alone thinking that the government is on their side; that all they have to do is follow the instructions on the website or application kit and pay a filing fee. Again we do not live in a perfect world. Application decisions are made by real people not computers.

The message here is hiring an immigration lawyer is up to you. But all told, the pros in doing so certainly outweigh the cons.

Posted by Michael Niren   » Make Comment »
July
30

We are a same sex couple from New York and wish to immigrate to Canada. How can this be achieved?

________________

For years, Canada has recognized the validity of same sex relationships and considers them on equal par with more traditional family unions. If you are married as a same sex couple or have been in a common law or conjugal relationship together for one year or longer, you could be eligible for sponsorship under the Family Class. If your partner and yourself are neither Canadian citizens or Permanent Residents of Canada, it may be possible that one of you may qualify under the Canadian skilled worker category and the other can apply as a dependent spouse.

In most states in the US and in other countries, same sex marriage is prohibited. Here in Ontario, same sex couples can indeed get legally married. However, whether you are legally married in Canada or elsewhere, you can file for sponsorship or otherwise consider a common law or conjugal application.

Same sex immigration applications are supposed to be treated in the same manner as  all other applications. However we have found that generally a higher level of scrutiny is often applied to these applications. Therefore it is very important to document your relationships very well in preparation for your applications. This immigration office sees a great deal of same sex cases and, like other immigration applications, there is no substitute for well-prepared applications and applicants.

Posted by Michael Niren   » 2 Comments »
July
12

Hi
I came to Canada on Feb 2 2006. I submitted my application last November 2008.  My boyfriend who is a refugee claimant proposed marriage.  I called Canada Immigration three times to ask if Imarry my boyfriend, will it impact my immigration application? Canada Immigration told me it would not. So I got married in December 2008. I relied on the information I received from the Immigration Call Centre. However,  I received a letter of refusal. What can I do?

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Posted by Michael Niren   » Make Comment »