It was my pleasure and honour to have been asked to speak to my colleagues at the CBA Immigration Subsection here in Calgary yesterday. The topic was the consequences of criminality which are manifold, and while the Immigration law in this country prioritizes security and enforcement, all is not lost nor is removal a foregone
I’ll be attending at the Immigration Appeal Division of the Immigration Refugee Board on August 24, 2016 to handle an appeal against a refused spousal sponsorship application. In this case, my client is a Canadian citizen born in Punjab, India. He is a Sikh, and this is his third marriage. He had a short-lived first marriage
If I can make it there, I’m gonna make it anywhere, It’s up to you, … The song of course refers to the metropolis of New York City. The theme is true for everyone leaving behind the familiar for the unknown. International students have to deal with the unfamiliar, maintain their studies (perhaps in a second or third
A great deal of our practice deals with allegations by CIC of misrepresentation committed by those that seek to enter, remain or bring others to Canada. As with most things in life, prevention is the best cure. Despite what anyone tells you, do not: list someone else’s child as yours simply to bring them to Canada;
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
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
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
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;
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
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
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
