• December

      8

      2015

    Mandamus to Compel Action on Your Citizenship File

    My client was facing enforcement action by CBSA. It was a years long, seemingly interminable investigation as to her first marriage. After securing a response to an Access to Information Request (which yielded interesting details, including the fact that her citizenship application had been “put on hold”) I filed an Application for Judicial Review and

    • November

      2

      2015

    Alternative Dispute Resolution Meetings at the Immigration Appeal Division

    The Immigration Appeal Division can hear the appeal of a permanent resident who is the subject of a removal order (for misrepresentation, criminality*, and breach of the residency obligation). If you have sponsored your spouse, common-law or conjugal partner and a visa officer has come to the conclusion that the marriage is not valid or

    • September

      10

      2015

    Live in Caregivers and the Hurdles they Face to Stay in Canada

    My client is a 40 year old woman from the Philippines. Trained as a dressmaker, she came here 6 years ago as a temporary foreign worker. Unfortunately, she, like many other foreign workers were exploited. She would work at one position during the week and told to do unpaid work on the weekends. Constrained by

    • February

      16

      2015

    Failure to disclose family members is a bar to sponsorship

    If a Permanent Resident fails to disclose a family member at any time prior to or at landing, he or she will be barred from sponsorship under the family class for the undisclosed individuals. This seems to happen regularly and for a variety of reasons. Sometimes there’s an issue with the custody of a child;

    • January

      29

      2015

    Maintaining Permanent Residency Status While Working Abroad

    All Permanent Residents of Canada must comply with a residency requirement. That requirement, as of now, is 730 days in every 5 year period. Many individuals want to have their cake and eat it too. Others are constrained by circumstances beyond their control. I have been consulted by both the former and latter regarding the

    • November

      29

      2014

    What do you do if you’re the victim of Marriage Fraud?

    What do you do if you’re the victim of marriage fraud? One question that is relevant is when your spouse came to Canada. Subject to some exceptions, anyone that came to Canada after October 25, 2012, needs to stay with their spouse for two years. In my opinion, however, Jason Kenney’s reforms will simply mean

    • October

      6

      2014

    Appealing a Spousal Sponsorship Refusal

    I was before the Immigration Appeal Division today on an appeal from an overseas spousal sponsorship refusal. A helpful resource to individuals and counsel is the IAD Legal Services publication Sponsorship Appeals IRPA.  The sponsor needs to establish, on a balance of probabilities, that they are not caught by s.4 of the IRPR. In essence, the

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