Are you planning on applying for citizenship in Canada? Do you require any legal help regarding appeals, authorization to return to Canada, refugee claims, or H&C applications?
With over 40+ years of experience, we have assisted many families with rejected cases. This ranges from immigration appeals, to highly complex citizenship matters.
If you’re looking to navigate the process smoothly and efficiently, we'll gladly counsel and support you every step of the way.
Canadian citizenship is obtained automatically by being born in Canada, or by descent where a parent is a first-generation Canadian citizen. In the case of permanent residents, citizenship may be applied for after living in Canada for a specified residency period and when you meet certain requirements.
You are not eligible for Canadian citizenship if you:
If your application for Canadian Citizenship is refused, this decision may be appealed to the Federal Court of Canada within 30 days. The court will review the citizenship official’s decision in light of the evidence on file and will decide if the decision was made legally, i.e., was it reasonable, fair, within jurisdiction, and otherwise in accordance with the law. If the court finds that the decision was made in legal error, then it will send the case back to the citizenship authorities with an order for them to re-decide it in accordance with the law.
This timeline is very important. To succeed your application, Immigration Matters Inc. gives assistance in preparing citizenship appeals and evaluates your chances of becoming a Canadian citizen as a legal representative.
Any type of refusal by the immigration authorities may be appealed in court in Canada. These appeals will be made either to the Federal Court of Canada, or in certain types of cases, the Immigration Appeal Division (IAD) or to the Refugee Appeal Division (RAD).
The Refugee Appeal Division (RAD) decides appeals of decisions made by the Refugee Protection Division (RPD) to allow or reject claims for refugee protection. In most cases, the RAD will proceed without a hearing, on the basis of the documents provided by the parties and the RPD record.
The Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRD) hears appeals on immigration-related matters, including sponsorships, removal orders and residency obligations.
During the stage of the process, you must demonstrate to the IAD that an error was made or that the decision was in some way unfair or unreasonable. Persons who appeal to the IAD must attend to a hearing. Appellants will be permitted to present new evidence in support of their case and be represented by a counsel / Legal representative.
If you have been the subject of a removal order from Canada you will probably need an Authorization to Return to Canada (ARC) if you want to return. Whether you need one depends on the type of removal order that was issued. Look at the document you received from Citizenship and Immigration Canada or the Canada Border Services Agency before you left Canada. The form number will tell you the type of removal order.
When an officer assesses your application, they will consider, among other things:
If you were deported because of criminal inadmissibility, you will need to apply for criminal rehabilitation first. You may also need a Temporary Resident Permit to be allowed into Canada. So in addition to the ARC you may also require other documents to enter Canada.
Be mindful that an incomplete or illegible application will be returned without being processed.
Canada offers refugee protection to people in Canada who fear persecution and who are unwilling or unable to return to their home country. All eligible claim for protection made in Canada are referred to the Refugee Protection Division (RPD) of the Immigration & Refugee Board (IRB).
A Canada immigration official initially decides if a refugee claim is eligible and if it will be referred to the IRB. If the claim is made at a border crossing, a quick decision can be expected as to eligibility. It takes considerably longer for a decision with respect to eligibility if the refugee claim is first made at an immigration office inside Canada.
Convention refugees are outside their home country or the country they normally live in. They are not able to return because of a well-founded fear of persecution based on:
A person in need of protection is a person in Canada who cannot return to their home country safely. This is because if they return, they would be subject to
** Note: Canada has signed an agreement with the United States designating the U.S. as a “safe third country”. Claimants coming from, or even just passing through the U.S., are ineligible to make refugee claims at a Canadian border crossing by land. They will be turned back to the U.S.
You can apply for a refugee protection at any time, as long as you are not subject to a removal order. Language barriers, improper paperwork, and missed deadlines can all impact the immigration process. To apply, we can help you to complete the required forms and make sure no detail is overlooked. Call now to schedule a consultation and learn more.
People who would not normally be eligible to become permanent residents of Canada may be able to apply on humanitarian and compassionate grounds. Humanitarian and compassionate grounds apply to people with exceptional cases. There is no guarantee that your application will be approved. If refused, in certain cases asking the Federal Court of Canada to review the decision is advisable. Many in-land H&C applications are based on a significant degree on economic and cultural establishment in Canada. You can use this application if you are in Canada, and would suffer excessive hardship if you had to return to your home country to apply. Cost or inconvenience are not considered excessive hardship.
You may only ask for humanitarian and compassionate grounds if you are applying for permanent resident status in Canada, or for a permanent resident visa abroad. The IRCC will not look at H&C requests from temporary resident applicants.
Immigration Legislation also cites a statutory obligation to take into consideration the best interests of the child when examining and deciding the circumstances of a foreign national making an H&C Application. This is one of the strongest factors that can be argued under H&C applications. Please call us to get more information on your case.
Please feel free to reach out to our office anytime during our office hours. We will ensure you are comfortable and have peace of mind throughout the process. Our friendly staff will guide you through the process.
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