Ziaie Law: News

Visiting Canada: What can I do if my visitor visa application is refused?

28/2/2019

As with any other type of visa or immigration application, there are no guarantees that everyone who applies for a visitor visa will receive one. In assessing each application, visa officers are looking to see if you are eligible and will abide by the conditions once a visitor visa is granted. While the overall number of visitor visas has increased dramatically in the past few years, the refusal rate has also increased. If your visitor visa application is refused you will undoubtedly be disappointed. But depending on the reasons for your refusal there may be options for you to pursue to change the decision or to make a new application.

1. Understanding why your application was refused
our application may be refused for a number of different reasons. Before you can make a new application you must understand the reason and make sure that this mistake can be overcome in your new application.
One of the common reasons for refusal is that the application is not detailed enough and does not contain sufficient documents to demonstrate your eligibility and your ties to your home country to demonstrate that you will leave Canada. It is the duty of applicants and their representatives to make sure that they provide a full application with documents that will convince an officer of your eligibility.

2. Mistakes can be made
Sometimes it is possible that a mistake may be made when processing your application. For example if your refusal letter states that you have no travel history but you have travelled to dozens of countries and provided proof of your travels then it is possible that the documents may have been missed when assessing your document. In such circumstances we are often able to request a reconsideration of the decision by explaining the error within a short-time after the decision is issued.

3. Appeal options
If a negative decision is made on your visitor visa application (or other temporary application such as study permit or work permit), you have the right to apply for judicial review of the decision in Federal Court in Canada. There is limited time to apply to Federal Court so you must seek legal advice as soon as possible to determine if this is the best way to proceed. In deciding whether to apply to Federal Court we look at the basis of the decision made and whether the decision was incorrect based on law or the facts.

4. Dealing with misrepresentation
If you provide incorrect information and documents in your application, whether on purpose or by mistake, your application may be refused because of misrepresentation. The consequences of a finding of misrepresentation are severe and you may be prevented from submitting a new application for a number of years. Depending on the circumstances of your case you should contact a lawyer to seek advice on the best way to respond. As you are prevented from re-applying you will need to either resolve the issue at the Visa Office by proving that there was no misrepresentation or apply to federal court if a mistake was made in determining the misrepresentation in your application.

5. How quickly can I re-apply for a visitor visa?
Your ability to re-apply will depend on the reason for your refusal. If your application was refused for misrepresentation you may be prevented from applying for up to 5 years. However, if your application was refused because you did not provide sufficient proof of ties or financial support you may be able to apply again and provide the missing documents and information. In most cases, if you reapply before there is a change in your circumstances you are likely to receive a similar response. You should allow yourself sufficient time to be able to take steps to overcome the shortcomings of your application, such as acquiring more travel history before you submit a new visa application. Therefore it is critical that you understand the reason for your refusal before you make any plans to submit a new visitor visa application.

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Visiting Canada: Top 5 Questions from Visitors to Canada

21/2/2019

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I wrote last week about the requirements to qualify for a visitor visa and the application process. Visitors to Canada include tourists, those coming to visit family members as well as business visitors, all of whom receive with the same “visitor visa”. Being new to the Canadian legal system many visitors have questions about what they can do as visitors in Canada and the limitations on their visas. While each case is unique, below are the top 5 questions I am frequently asked by visitors to Canada.

1- Should I buy travel insurance? YES! One of the key criteria in assessing your visitor visa application is your financial ability (as well as the ability of any person inviting you) to pay any expenses related to your trip. This is because visitors are not permitted to use public services in Canada such as free health care. As a visitor to Canada you will not be covered by the public health insurance system and must either have private health coverage or pay for the medical coverage you receive from a doctor or hospital. You should look into getting emergency travel insurance and speak with an experienced insurance broker in Canada to find the best possible insurance plan before you travel to Canada.

2- How long can I remain in Canada with a visitor visa? Typically when you enter Canada you will be allowed to remain for up to 6 months. In some circumstances, if the officer at the border determines that you should leave Canada before 6 months he or she may determine an earlier departure date. If they require you to leave earlier than 6 months the departure date will be written on the Canada date stamp in your passport.

If you need to remain in Canada beyond 6 months, we may be able to apply to extend your stay. We will need to prove why you need to remain longer and also that you have the financial resources to cover any expenses in the remaining time you will be in Canada. It is very important to carefully keep track of the dates that you travel to Canada and ensure that you depart before the end of your visa. Remaining beyond the validity of your visa may make you inadmissible for future entry or in future applications for visas or permanent residence. In instances where someone has overstayed their visa and lost their legal status they should consult an experienced lawyer immediately to find out how they can restore their status. It will be crucial to act quickly because the window of opportunity to restore your legal status is very limited and once it is gone things will undoubtedly become much more complicated.

I am sometimes asked if it is possible to get around the 6 month deadline by exiting Canada and re-entering Canada a few days or weeks later if you hold a multiple entry visitor visa. While there is nothing in the Immigration laws and regulations that prevents a person from re-entering with a visitor visa you should be mindful that every time you enter Canada your eligibility is checked and reaffirmed by the border officer. You must be able to convince the officer as to the purpose of your trip, your ability to support yourself and that you are a genuine visitor and not someone who is living in Canada with a visitor visa. The border officer can ask to see proof of your ongoing eligibility as a visitor and will likely do so if your pattern of travel gives rise to a suspicion that you are not visiting for a short period but rather intending to effectively live in Canada.

3- Can I study or work while I am in Canada with a visitor visa? NO! When you receive a visitor visa you are only allowed to visit and cannot study or work in Canada. Visitor visas are intended for those who are traveling to Canada for a short period of time and are not intended for someone who wants to remain in Canada for long periods of time. As such you are not permitted to study or work with a visitor visa. The only exemption to this rule is if you want to participate in a short-term course of study that is less than 6 months in duration. In such a case you do not require a study permit and can participate in the course with your visitor visa.

A continuation of this question is: can I turn my visitor visa to a study visa or work visa? There is no automatic mechanism to convert a visitor visa to a study or work visa. In order to obtain either a study or work visa you will need to meet all the requirements for those visas (e.g. have an acceptance from a college or university or have a valid job offer from a Canadian employer) and generally need to apply for the visa from outside of Canada. If you are from a country that requires fingerprints, you will need to travel outside of Canada to provide your fingerprints (even if you previously provided fingerprints as part of your visitor visa application).

4- Can my visitor visa become a permanent residence status if I buy a house, have a child born in Canada or live here for a period of time? NO! In order to become a permanent resident you have to meet the criteria for one of the immigration programs in Canada. There are no limitations on who can buy property in Canada, although some areas such as Ontario and British Columbia now have additional taxes for non-residents due to the perceived effect of foreign buyers on rising home prices. However, Canada does not grant permanent residence to anyone who chooses to buy property in Canada. It is also true that Canada generally grants citizenship to children born in Canada, irrespective of their parents' visa status. However, the grant of citizenship to a child does not bring any additional rights for other family members to remain in Canada or qualify for permanent residence.

A modified version of this question is: Can my visitor visa status become a work permit if I set up or purchase a business in Canada? In some cases, the answer may be yes depending on your circumstances, your prior experience that would be of benefit in developing the business in Canada and how that business can benefit Canada. It is important to note that if you are able to do this you will obtain a work permit and if you wish to remain in Canada permanently you will still need to qualify under one of Canada's immigration programs.

5- What are your options for becoming a permanent residence? The answer depends on your unique circumstances and whether you are able to meet the requirements of one of Canada's current immigration programs. These programs include, but are not limited to: the Federal Skilled Worker Program, Federal Skilled Trades Program, Canadian Experience Class, Start-up Visa Program, Self-employed Program, Caregiver Classes, Provincial Nominee Programs or Quebec Selected Immigrant. Each of these programs has different requirements in terms of education, experience, language ability and so on that you must meet in order to qualify.

And remember while a permanent residence application is separate from your visitor application, the information you provided in your visitor visa application is part of your immigration record. If you “simplified” information or chose not to provide certain information as part of your visitor visa application, such as not declaring your education, work history or family members, then you may be at risk of a finding of misrepresentation. A finding of misrepresentation can lead to the canceling of your visitor visa, removal from Canada and a ban on you being able to submit an application for visa or permanent residence for a number of years. You should consult with an experienced immigration lawyer to assess your situation and determine the steps you need to take to rectify any mistakes that may have been previously made.

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Visiting Canada: Understanding the Visitor Visa Process

14/2/2019

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In recognizing the economic value of tourism, Canada has increased its efforts to attract more visitors in recent years. If you are interested in visiting Canada, from exploring the natural beauty of the islands on the East Coast to whale watching on the West Coast, there is something to captivate any visitor. So how can you travel to Canada?

Unless you are a citizen of the US or a Green Card holder, in order to travel to Canada you must first apply for either an electronic Travel Authorization (eTA) or a visitor visa. A visitor is someone who is not a Canadian citizen or permanent resident but is legally authorized to enter Canada to visit as a tourist or to visit family or to conduct business.

If you are from a visa exempt country you will need to apply for an obtain an eTA before you can travel. However, if you are from a visa requiring country you must make an application for a visitor visa and satisfy the visa officer that:

You will leave Canada at the end of your stay
You have sufficient money to cover the expenses related to your trip and your return to your home country
You do not intend to work or study in Canada with your visitor visa
You have no criminal history and will not be a risk to the security of Canada

In some cases, when you submit your visitor visa application the visa officer may ask you to provide additional documents and even require you to undertake medical examinations. Almost all applicants from around the world who apply for visitor visas are also now required to provide biometrics at a local Visa Application Centre (VAC).

When we assist our clients in preparing their visitor visa applications, we provide as many documents as possible to demonstrate your eligibility and your ties to your home country to ensure the visa officer that your intention is to only visit Canada and that you will not overstay your visa.

Once approved for a visitor visa you will be issued with an official visa sticker that is affixed to your passport. And while you may request a multiple-entry or single-entry visa and indicate the dates for your planned trip, it is up to the visa officer that approves your application to determine the duration of your visa.

You are typically allowed to remain in Canada for up to 6 months when you enter Canada. Sometimes your passport may be stamped with the date of your entry but even if it is not stamped you can stay for 6 months from the date you entered Canada or until your passport expires. However, if a border services officer determines that you are only permitted to remain for a shorter period of time then they will make a notation in your passport and sometimes issue you with a visitor record that indicates the date by which you must leave Canada.

It is important to note that while the visitor visa issued to you indicates that you met the requirements at the time of application, every time you use the visitor visa to enter Canada the border services officer may assess your situation to ensure you still continue to be eligible and that you have not breached any of the conditions of a visitor visa.

It is extremely important to abide by the conditions of your visitor visa as it could impact your ability to re-enter Canada on future trips or even obtain visitor visas or other types of visas in the future. In the coming weeks I will be writing about the conditions of visitor visas, what you can do if your visitor visa application is refused and answering some of the most frequently asked questions from my clients on this topic.

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Choosing An Immigration Representative

31/1/2019

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Last week I wrote about your responsibilities when dealing with Immigration and Citizenship officials, particularly if you are dealing with them directly as a self-represented applicant. However, in many circumstances you may choose to have an representative to assist you with your immigration or citizenship matter.

The Canadian immigration and citizenship system is complicated and constantly changing. Each case is unique and the way in which laws and regulations apply to your case may be different than the case of other family members or friends. The difficulties in immigration applications are compounded by the fact that most applicants are not native English speakers. Unfortunately, there are many instances of fraud and scams that are perpetuated against those interested in coming to Canada either on a temporary basis as visitors, students or workers, or those interested in becoming immigrants.

Therefore, choosing a representative that can advise you and represent you competently is one of the most important decisions you can make in helping you navigate the immigration system and preventing mistakes that can lead to delays or the refusal of your application. Having a professional that is legally permitted to represent will mean that the representative has to meet regulatory requirements with regards to competence and ethics and if there are any problems you may have recourse to follow up your case.

Who Can Legally Represent
Any person that receives compensation from you in exchange for providing you with immigration advice or assisting you with your application must be declared in your immigration application as a “Paid Representative”. There are a limited group of professionals that are legally permitted to advise you in immigration matters and to prepare and submit applications on your behalf to Immigration, Refugees and Citizenship Canada (IRCC). These professionals are:

Lawyers who are members of the law societies in the provinces of Canada (and licenced notaries in the province of Quebec)
Immigration consultants that are members of the Immigration Consultants of Canada Regulatory Council (ICCRC)
In some instances, licenced Paralegals that are members of the Ontario law society

Canadian lawyers are permitted to represent you in all immigration matters including all levels of court and all types of immigration and citizenship applications. Immigration Consultants and licenced paralegals may also represent you in most immigration matters excluding appeals before the federal court of Canada. You can check whether a professional is licenced and is permitted to practice in one of these categories by checking the relevant website (in Ontario: www.lsuc.on.ca/find-a-lawyer-or-paralegal or www.iccrc-crcic.ca).

No other person or entity is permitted to represent immigrants or provide immigration related advice. There are unfortunately individuals and businesses that claim to provide immigration services without any of the safeguards that are in place for lawyers and immigration consultants. For example, unauthorized representatives (also referred to as “ghost consultants”) submit applications with your own name and contact information, without any mention of their role in preparing your application.

I have seen countless cases where ghost representatives have provided false information and even fraudulent documents resulting in refusals and findings of misrepresentation for their innocent clients. You should be aware that you are always responsible for all information and documents submitted to IRCC on your behalf and choosing a representative that is competent and ethical can make all the difference.

5 Tips In Choosing Your Immigration Representative

Ask for recommendations and check online reviews – before choosing a representative try to get recommendations from people that you trust. You can also try to search the name of the potential representatives online to see if there are any online reviews or information from past clients.
Ask about the representatives credentials and experience – when meeting with potential representatives make sure to ask about their credentials and specific experience in dealing with similar cases.
Discuss the services they will provide and negotiate the legal fee – make sure to understand what the process will include and the services that will be provided (as well as those that are excluded). You should also discuss the legal and government fees involved in your application upfront to avoid misunderstandings during the process.
Have a written contract with your representative – make sure to get the details of the services and fees in a written contract from your representative. Keep the signed contract in a safe place and if it includes milestones for the services to be provided make sure that you refer to it regularly to ensure that your application is proceeding as scheduled.
Protect yourself from fraud by choosing a representative that will represent you ethically – be weary if a representative invites you to take shortcuts as promises that sound too good too be true often are impossible to fulfil. Further you should never agree to provide false documents or information to IRCC as it is against the law and can result in you being denied entry to Canada.

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Your Responsibilities When Dealing with Immigration and Citizenship Officials

24/1/2019

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The visa, immigration and citizenship laws and procedures of Canada are complex. There are forms, guides, laws, regulations, manuals and so much more to consider when understanding how any particular type of application can be prepared or submitted. However, there are few guidelines for you when you want to know how you should interact with Immigration, Refugees and Citizenship Canada (IRCC) and what your responsibilities and rights when dealing with IRCC.

Below are the top 4 tips to help you when interacting with IRCC:

1. Always provide honest and accurate information
Honesty is always the best policy. It is a serious crime to lie or provide false information or documents IRCC. It is your duty to ensure that you provide truthful, accurate and complete information when submitting any kind of application to IRCC. Providing false, inaccurate or incomplete information is a form of fraud and is called “misrepresentation”.

Misrepresentation can take different forms. For example, misrepresentation can be when someone provides wrong work history dates, or even forgets to provide information of on previous refusals from 10 years ago. In more serious cases it involves providing fraudulent or altered documents. The consequence of a finding of misrepresentation are very severe: you may be forbidden from coming to Canada for at least 5 years, may lose your permanent residence or Canadian citizenship, may be charged with a crime and may be removed from Canada.

The important thing to keep in mind is that it does not make a difference if you provided the false information or documents yourself or someone provided them on your behalf. You are responsible for your application, even if you have a representative or someone who helps you prepare the application. Unfortunately, I have been increasingly contacted by people who have applied for Canadian visas with the help of agencies or other unauthorized representatives but then found out that they are now inadmissible to Canada because of misrepresentation in their application.

So whether you are applying yourself or using the services of a representative make sure that you check every single answer and document before you submit your application.

2.Record keeping
One tool that will be extremely helpful to ensure you are able to provide honest and accurate disclosure is to keep copies of all your forms and documents that you provide for future reference. It is difficult to remember details of your application if you do not have a copy of it and without a track record you may inadvertently make a mistake in future applications. IRCC keeps copies of all your applications and so you should also keep print or electronic copies of all your applications as well.

3. Know the Law - Ignorance is not an excuse
Ignorance of the law is not an acceptable excuse. Make sure that you fully understand the law and requirements before you submit an application or undertake any course of action. The excuse that you did not know the law will not help you when IRCC determines that have acted illegally. An example is the length of time you are permitted to remain in Canada with a visitor visa or the limitations on the amount of time you may work while you are a student. Make sure you understand the legal requirements and if necessary seek out professional legal advice.

And remember that while friends and family may have the best of intentions their advice and experiences in dealing with a situation will not necessarily apply to your case and may land you in trouble if you do not verify the information yourself or with a professional.

4. Make sure you are dealing with Ministry of Immigration, Refugees and Citizenship (IRCC)
Be very careful of scams and sources of information that are not directly from the government or licenced legal professionals. Unfortunately, there are many scams that try to either get money from you or steal your information and identity.

Here are some important things to help guide you if you think you may be facing a scam:

No one can guarantee you a job or a visa to Canada
Only immigration officers can decide to issue a visa
Processing fees are the same for all of our services in Canada and around the world. Fees in local currencies are based on official exchange rates. They are the same amount as fees in Canadian dollars.
IRCC will never ask you to deposit money into a personal bank account, transfer money through private money transfer service, threaten you or offer special deals to people who want to immigrate
IRCC never uses free email services, such as Hotmail, Gmail or Yahoo Mail to contact you
IRCC never calls people to demand payment by telephone

In addition, you should be very careful of scams asking for details of your credit card, bank account, passport number or social insurance number. If you are the victim of a scam you can report the information to the Canadian Anti-Fraud Centre but unfortunately your information and money are likely gone forever.

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Details Unveiled for 2019’s Parent and Grandparent Sponsorship Program

17/1/2019

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The wait is over and Immigration, Refugees and Citizenship Canada (IRCC) has finally released details of the much-anticipated reopening of the Parent and Grandparent Sponsorship (PGP) program for 2019.

One of the ways in which Canadian permanent residents and citizens can be reunited with their parents or grandparents permanently in Canada is through the PGP sponsorship program. IRCC has announced a quota of 20,000 PGP applications for 2019, double the quota of previous years. More importantly there are significant changes in the way you can submit an application in 2019. In the past two years the PGP has operated on a lottery basis but a new, first-come basis system is going to be used in 2019. In previous years up to 100,000 families registered for the lottery so I expect that there will a lot more families interested in applying than 20,000 and if you plan to submit an application you must prepare quickly and carefully.

Registration Process
Registration is set to open on 28 January 2019 at noon Eastern Standard Time. Registration will be online and you will be submitting an “interest to sponsor” form. The process will require information about yourself, your parents or grandparents and most importantly your income and information about your family unit. Your eligibility to sponsor is based on you having sufficient income in your last three years of income based on your family size and the number of people you are sponsoring. You should also note that the PGP is only for those who are living in Canada to sponsor their parents or grandparents and cannot be used if you are a permanent residents or citizens living outside of Canada.

You may submit your online registration yourself or retain a lawyer to undertake the process for you. If you are registering yourself make sure you do not submit duplicate entries as these will be removed from the system. The system will likely be overrun with requests on the first day, nevertheless, I highly recommend that you try to submit your application on the first day.

Confirmation Number
After you successfully submit the interest to sponsor form you will be given a “confirmation number”. The system should also send an email to the email address that you provide to confirm your registration. In the weeks after the registration you should be on the lookout to receive an email from IRCC if you are one of the first 20,000 registrants and are invited to submit a complete application.

Submitting a Complete Application
If you are lucky enough to receive an invitation to submit your sponsorship application you will have a short window in which to gather all of your documents, complete all the forms and submit the complete submission application along with the necessary application fees (determined by the number of people you are sponsoring). These include key documents such as identity documents for yourself and your parents and grandparents, your proof of income, and original police clearances for your parents and grandparents. Any documents that are not in English or French must be officially translated as per the requirements of IRCC.

The deadline for submission of your complete application is a strict deadline and extensions are not granted. Furthermore, it is critical that your application is complete and includes all the information and requested documents, including any country-specific documents. If you make a mistake or a document is missing, your complete application may be returned to you and you will not be able to resubmit the application in 2019.

Determining Eligibility
Are you sure that you qualify to sponsor your parents? Do your parents have young dependent children that may be eligible to join your parents? Has your family size changed in the past three years and you are unsure of how much income you need to sponsor? The good news is that you still have time to contact an experienced immigration lawyer to assess your situation and ensure that you are eligible to apply before the registration begins on 28 January 2019.

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Realizing the Canadian Dream - Federal Government Increasing Funding for Immigrants to Connect with Canadian Job Market

9/1/2019

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Canada’s immigration policies in attracting skilled workers over the past four decades have created a workforce that is highly educated. In fact, Canada currently ranks second in the world as approximately 60% of adults hold college or university degrees. In addition to the education opportunities available to Canadians this percentage is driven by the large percentage of educated skilled worker immigrants and their children who focus on education.

However, one of the challenges that Canada continues to face is matching the talent of new immigrants with the requirements of employers in the job market. Immigrants on average face a lower employment rate than their Canadian born counterparts and many professionals are unable to find work in their area of specialization. The introduction of the Express Entry system and reworking of the skilled worker programs has helped to alleviate this problem by selecting immigrants that already have either “Canadian Education” or “Canadian Work Experience”.

As more baby-boomers retire, Canada is facing record low unemployment numbers. According a recent Statistics Canada study, unemployment in working-age Canadians is approximately 5% and is just over 6% for immigrants. The good news is that as a result of these efforts, the employment gap between immigrants and Canadian-born workers is narrowing. However, as more baby-boomers are set to retire in the decade ahead, there is a large gap that must be filled by new immigrants.

The federal government announced last week that it is boosting funding for pre-arrival settlement services for new immigrants so that they will be job ready as soon as they become permanent residents. This includes $113 million that is being given to 16 organizations to provide immigration and settlement support to immigrants selected for immigration over the course of the next 4 years. The aim is that these organizations will connect with immigrants before their arrival in Canada to provide occupation-specific employment services to ensure that they have the best job prospects upon arrival in Canada. This includes assistance and guidance in applying for professional qualifications or valuable skill training.

The effect of this additional funding for immigrants is also positive in terms of attracting talented skilled workers across the globe to choose Canada instead of other potential destinations. In the same study Statistics Canada noted that while 59,000 native Canadians entered the workforce in 2017, almost 90,000 immigrants entered the workforce during the same time period. Therefore, it is clear that Canada is becoming increasingly dependent on immigrant skilled workers to meet its labour market needs. One of the ways in which Canada can compete with other countries for the available skilled workers looking to settle in a new country is by providing those who choose to come to Canada with assurance that they will be able to quickly enter the labour force and fulfill their potential in an accepting and prosperous country.

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Canada's Immigration Developments in 2018

27/12/2018

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The Minister of Immigration, Refugees and Citizenship, Ahmed Hussen , has had a busy year and 2018 has been filled with changes in Canada’s immigration programs including some positive developments that increase opportunities for applicants to apply for immigration and more easily maneuver the immigration system.

1) Canada Immigration Plan for 2019 to 2021 revealed – Canada is projected to admit more than a million new permanent residents over the next three years. The majority of these newcomers will be admitted under the economic classes, including federal and provincial programs. It is possible that the increased quota for newcomers under the economic programs may have downward pressure on the points under which applicants may be successful under the Express Entry system.

2) Expansion of Biometrics Program – Canada began rolling out its Biometrics program in 2013 but 2018 saw the expansion of the program to require biometrics from those who are applying for permanent residence visas as well as those who are applying for temporary visas. As a result of the expansion, most foreign nationals between the ages of 14 and 79 seeking either temporary or permanent residence to Canada have to provide biometrics data. For now, there are some exceptions, the biggest being for US citizens who wish to travel to Canada for work or study. The good news as part of the expansion is that biometric data will now be valid for 10 years from the date given and applicants do not need to provide biometrics with each application as long as their biometrics are valid during the 10 year period.

3) Increased Parent Sponsorship Quota – In August 2018 Canada announced an increase in the quota for the parent and grandparent sponsorship program from 10,000 to 20,000 in 2019. Unfortunately, the government has not yet released details for the 2019 program. But the good news is that the limited quotas of the past few years have allowed Canada to greatly reduce the backlog from a high of 167,000 applicants in 2011 to just about 25,000 in 2018. This will hopefully mean that application submitted in 2018 and 2019 should be processed faster than in previous years.

4) USMCA, the new “NAFTA” – In September Canada, US and Mexico finally agreed on the USMCA, the replacement agreement for NAFTA. While there were no significant changes to the temporary foreign worker provisions and professional work permits, it helps to settle the uncertainty that businesses faced when the future of NAFTA was up in the air and should aid businesses in continuing with cross-border trade and investment.

5) New DUI legislation will impact potential immigrants and permanent residents – New legislation came into effect on December 18, 2018 that increased the maximum sentence for those convicted of impaired driving from 5 to 10 years. This means that convictions for driving under the influence (DUI), whether from use of alcohol or drugs, will be guilty of “serious criminality” under Canada’s Immigration and Refugee Protection Act. For those who are foreign nationals with a conviction for DUI and want to travel or immigrate to Canada, they will now face additional criminal inadmissibility challenges. Furthermore, permanent residents who are convicted of a DUI, either in Canada or outside of Canada, will now be at risk of losing their permanent residence and being deported from Canada.

Immigration has been a big topic in the news for much of the past year, especially discussions around the future of immigration for Canada. The discussions are often heated and there is little distinction made between different types of immigration. With the federal general election scheduled for Fall 2019 we will all be watching with great interest to see how the government will handle immigration matters and the choice Canadians will make to shape the future of Canadian immigration in the next election.

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Medical Inadmissibility

6/12/2018

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If you wish to immigrate to Canada, and in some cases if you are applying for a temporary visa, you must undergo a medical examination. The purpose of immigration medical examinations is to determine that you do not cause a danger to public health and that you do not have a medical condition that may be excessively costly to treat when you arrive in Canada.

Grounds for Medical Inadmissibility
Immigration medical examinations are carried out by designated physicians and Immigration, Refugee and Citizenship Canada (“IRCC”) has a list of physicians that can assist you in countries around the world. The medical examination is a standard physical exam and includes a series of tests (blood and urine) and x-rays. You will also be asked about your prior medical history and your mental state as part of the examination. The results of these examinations are extremely important as you may be found inadmissible to Canada if:
1) your condition would endanger the health or safety of the Canadian population at large, or
2) your condition may cause excessive demand on existing social or health services provided by the government.

An example of a medical condition that may make you inadmissible under the first category is Active Pulmonary Tuberculosis (TB). There are also other conditions that can make you inadmissible under this category such as suffering from a variety of brain disorders or applicants who have substance abuse issues that cause them to behave antisocially or in a violent manner, and other types of hostile and disruptive behaviour.

In the second category, you may be found inadmissible if your condition requires government–funded health services such as specialists, nurses, physiotherapists, laboratory services, medications or hospital care, as well as social services such as specialized residence or home care, social rehabilitative services, personal support services, and services intended to assist a person in their physical, emotional, social, psychological or vocational function. If the anticipated costs for these services are found to exceed the Canadian per capita health services and social services costs over a 5 to 10 year period, then the immigration officer may find you inadmissible due to excessive demand.

Recent Changes to Excessive Demand
Many believed that Canada's excessive demand rules were outdated and asked for recognition of the discriminatory nature of this provision on people with disabilities. The good news is that Canada increased the threshold for “excessive demand” significantly effective on 1 June 2018.

Under the old provisions, approximately 1,000 applicants are denied immigration to Canada each year because of medical inadmissibility, with at least a quarter of these being families that have children who require special education services that will cost more than the minimum threshold. This means hundreds of applicants are refused each year under the provision because they or their children have a health condition or disability that can be accommodated by Canadian society.

The new threshold for excessive demand is now $19,965 per year (based on 2017 figures) and no longer includes costs associated with special education, social and vocational rehabilitation services and personal support services that an applicant may need in Canada.

Can you overcome medical inadmissibility?
An immigration officer that is of the opinion you may be medically inadmissible will issue a “Procedural Fairness Letter” to you. This letter will provide you with an opportunity to respond to the allegation of medical inadmissibility within 60 days.

Medical inadmissibility cases are very complicated and many medical and even psychological conditions can lead to your immigration application being refused. It is very important to act quickly and receive legal advice as soon as possible. You are most likely to overcome medical inadmissibility if you can provide a response to the Procedural Fairness Letter that is fully researched and supported by specialized documents and legal arguments. If your application is refused due to medical inadmissibility a lawyer may also assist you in appealing the decision.

In some cases you can act proactively to increase your chances of avoiding medical inadmissibility. If you suspect that there may be medical concerns for yourself or any family member included in your application you can consult a specialized lawyer to determine the best way to proceed with your immigration application to avoid a finding of medical inadmissibility.

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Preparing for 2019 Parent and Grandparent Sponsorship Applications

15/11/2018

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Many Canadian families are eagerly awaiting news from Immigration, Refugees and Citizenship Canada (IRCC) to find out if they will have a chance to be reunited with their parents, and even grandparents, under the Parent and Grandparent Sponsorship (PGP) program.

Each year we have faced different conditions under the PGP: in 2015 applicants had to submit complete applications on the first working day in January and the quota of 5,000 applicants was filled in one or two days. Then in 2016 and 2017 IRCC increased the quota to 10,000 and moved to a lottery system. However, the lottery system was fraught with problems as many people signed up that did not qualify (they did not have the necessary income for the past three years to be able to sponsor) which resulted in delays and it is not ultimately clear if IRCC was able to meet its quota in each of those years.

The latest news that was released in August 2018 is with regards to the 2019 PGP program. Here is what we know so far:

Since IRCC has been able to reduce its backlog of applications from 167,000 in 2011 to just over 20,000 in 2018, it has allowed been able to increase the quota for 2019. The 2019 quota under the PGP is set to be 20,000 applications.
The system will no longer be a lottery and will be based on the order in which you register your interest to sponsor.
Beginning at the start of 2019, if you are eligible to sponsor your parents or grandparents, you will be able to register an “expression of interest”. IRCC will issue invitations to apply to eligible applicants until the 20,000 quota for 2019 is met based on the order in which files are submitted.
If you submit an expression of interest and are selected you will only have 90 days to submit a complete application or risk losing your chance to sponsor.

If you are interested in sponsoring your parents, here are 5 important points to understand:
1. In order to be eligible to sponsor your parent or grandparents you will need to meet the eligibility requirements, the most important of which is that you must have had sufficient income for the past three years. The minimum level of income you need will depend on the number of people in your family and the number of people you want to sponsor. For example, for a family of 3 that want to sponsor their parents, they have to have at least the following income: 2017: $67,400, 2016: $66,654, and 2015: $65,377.

You will also need to meet the minimum income for 2018 which has not yet been announced but will be slightly higher than the 2017 amounts. And you will also need to meet all the income requirements until the time your application to sponsor is finalized. The minimum income levels for 2015, 2016 and 2017 based on number of family members are as follows:

NOTE: The above amounts apply to residents of all province except Quebec.

2. If the number of people in your family has changed in the last 3 years you should pay close attention. For example, if you were a couple in 2015 but had a child in 2016, then your family unit now consists of 3 people but consisted of 2 people in the earlier year. The question is what level of income should you have? There is no clear guidance on this from IRCC but in order to minimize any risk you should count on having the higher income level based on the number of family members you currently have.
3. If your own income is not sufficient to sponsor your parent(s) or grandparent(s), it is possible for your husband or wife to act as co-signer for the application and have his or her income count towards meeting the income requirements. You should be aware that if your co-sponsor changes his or her mind or there is a breakdown of marriage you may not longer be able to meet the income requirements at the time your application is being considered in the future and therefore will not be eligible to sponsor your application.

4. When you sponsor your parents or grandparents you give an undertaking that they will not use public assistance for a period of 20 years from the time of their landing in Canada. This is a binding undertaking and if the people you sponsor access public assistance you will be required to pay back these sums, often times with interest and penalties. If you have a co-signer this is a binding obligation on your co-signer as well.

5. Planning ahead can help you ensure that you are ready to submit a complete application. Unfortunately details of how the PGP will work in 2019 have not been announced but I have been working with clients over the past few weeks to assess their eligibility and have started to gather all their documents. If you are interested in applying to sponsor your parents or grandparents you should start your preparation process as soon as possible and if necessary seek out professional assistance to assist you in this process.

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Authors:
Zeynab Ziaie
Zahra Ziaie

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Authors: Zeynab Ziaie Zahra Ziaie

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Authors:
Zeynab Ziaie
Zahra Ziaie