If Citizenship and Immigration Canada has refused the application of a Canadian citizen or a permanent resident to sponsor the immigration of a close family member to Canada, the sponsor may appeal to the IAD.
A permanent resident of Canada, a refugee, or a foreign national with a permanent resident visa who has been ordered removed from Canada, may also appeal to the IAD.
The law requires permanent residents to be physically present in Canada for at least 730 days out of every five years. If a permanent resident is outside Canada and a visa officer with Citizenship and Immigration Canada (CIC) finds that he or she has not met this residency obligation, the person may lose permanent resident status. The permanent resident may appeal the CIC decision.
Under Canada’s immigration law, you can ask the Federal Court of Canada to review decisions related to immigration. If your Temporary Resident Visa has been refused in Canada you have 15 days, if your Temporary Resident Visa was refused outside Canada you have 60 days to challenge it in the Federal Court of Canada. This procedure is known as Judicial Review. Only a Canadian Barrister & Solicitor can represent you in the Federal Court of Canada.
TEMPORARY RESIDENCE CATEGORY (TRV)
Persons who simply wish to visit Canada for business or for pleasure may need to obtain a Temporary Resident Visa before doing so. Citizens of some countries are exempt from this requirement but most are not. These visas may be single or multiple-entry, and typically allow a visitor to enter and remain in Canada for up to 6 months at a time.
Spouse Visa is the common slang/ terminology used for a work permit application that is dependent on either a full-time student or an open work permit holder. It is extremely important to understand the distinction between the two categories.
Spouses or common-law partners of full-time students [C42]
Spouses of open work permit holders (Post Graduate Work Permit) [C 41]
Those who wish to study in a Canadian school, for example at a college or university, may apply for a study permit which will allow the applicant to remain in Canada as a temporary resident for the period of his or her studies. Please note that we cannot counsel you on what education path to chose, but we can provide you legal guidance on the immigration process. We are an independent Canadian law office and we are not affiliated with any education institute in Canada.
A spousal relationship is a marital relationship. The marriage can be performed in any country and will be recognized as valid by the Canadian immigration authorities as long as it was conducted in accordance with the laws of that country and is otherwise consistent with Canadian law. The immigration authorities will require a valid marriage certificate as proof of the spousal relationship. This is the simplest and most straight-forward type of relationship for sponsorship purposes since the marriage certificate is generally sufficient to demonstrate the legality of the spousal relationship.
If you are not in possession of a PR Card and you are outside Canada, you will need to apply for a Permanent Resident Travel Document. To apply for a PRTD you need to prove who you are, confirm your permanent resident status and meet the residency obligation of a permanent resident. A PRTD can only be applied outside of Canada and is only good for one time entry into Canada.
Authorisation to Return to Canada (ARC)
In cases where an individual has been removed from Canada for reasons of criminality, misrepresentation or any other reason, there is often a bar imposed on his return for a certain period of time. In case an individual wants to return to Canada before the expiry of the ban period , his application must be accompanied with an applications seeking Authorisation to Return to Canada.
Procedural Fairness Letter or Response
Some applications require the applicant to submit further documents or answer the specific queries of the Immigration Officer. This is often termed as a procedural fairness opportunity for the applicant to eliminate the concerns of the officer. If you receive such a letter or communication and you are unsure about the appropriate response, you can seek legal advice.
Foreign nationals may be inadmissible to Canada for various reasons even if they hold a visa or have obtained permanent residence. The most common ground for inadmissibility is on Criminality grounds, where the foreign national has been convicted of a crime either inside or outside of Canada. Most criminal convictions will result in inadmissibility to Canada, even if they are relatively minor offences such as driving while impaired or shoplifting.