Our Recent Immigration Success Stories

At Bellissimo Immigration Law Group PC, we are privileged to work on behalf of many wonderful people, companies and associations. We represent immigration applicants from far outside Canada, from the time they step foot into the country’s airport waiting rooms all the way to the Supreme Court of Canada.

Our immigration clients often tell us after their case is concluded that it would have helped to know of similar stories that are real and not just what you hear on the street. So every month, we post a few stories to celebrate our immigration success stories and offer some comfort to those who will soon embark on a similar journey…

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13 Dec 2024

Overcoming Challenges: LMIA-Based Work Permit Approved Despite Complex Immigration History

Our office was retained by a client seeking an LMIA-based work permit. His case was particularly complex, as he had a lengthy immigration history that included studying in Canada without completing his degree, working without authorization, and several previous application refusals.

As part of our meticulous approach, we ordered ATIP records to better understand the details of his prior applications. However, obtaining these records took over eight months. The client initially wanted to proceed with the application before receiving the ATIP records to avoid the risk of his LMIA expiring. We advised him of the potential risks of applying without fully addressing the issues raised in his prior refusals. After careful consideration, he decided to wait for the records.

While waiting for the ATIP records, we diligently prepared his application to ensure it was ready for submission. Fortunately, we received the records two months before the LMIA’s expiry. We thoroughly reviewed the records and updated the application package accordingly, ensuring his immigration history was fully disclosed, all mandatory documents were included, and the forms were accurately completed. Additionally, we crafted a comprehensive legal submission addressing the concerns raised in his previous refusals.

We submitted the application before the LMIA expired, and it was approved within just two weeks. This outcome was particularly rewarding given the challenges involved. We are delighted to have achieved such a positive result and wish our client continued success in his endeavors.

6 Dec 2024

Reversing the Decision: A Victory in Challenging a Visitor Visa Refusal

Our client approached us after their visitor visa application to Canada was refused. The visa officer concluded that our client’s ties to their home country were insufficient and that there were incentives for them to overstay their temporary visit to Canada. This decision also affected our client’s plans to attend the graduation ceremonies of their children in Canada, causing unnecessary stress and uncertainty.

Upon reviewing the refusal, we identified several critical flaws in the visa officer’s decision. The officer overlooked or misinterpreted key evidence, including our client’s substantial financial resources, their strong familial and business ties to their home country, and the genuine purpose of their visit. The officer’s reasoning was overly generic and failed to engage with the specific facts of the case.

Our legal team challenged the refusal at the Federal Court, arguing that the officer’s decision was unreasonable. We emphasized that the decision did not reflect a balanced consideration of the evidence, particularly regarding our client’s clear intention to return to their home country after their brief stay in Canada. The court granted leave for judicial review, signaling that there was an arguable issue with the refusal.

Before the judicial review hearing took place, however, IRCC offered a settlement. IRCC agreed to reopen our client’s application and have it determined by a different officer. They also allowed our client the opportunity to submit updated documentation in support of their case.

This settlement represents a significant win for our client, as their application is now being reconsidered without the need to continue with litigation. It reflects our commitment to addressing procedural errors and advocating for a fair review of all evidence.

This successful settlement underscores our ongoing dedication to ensuring fairness in immigration decisions, and we are pleased to have helped our client move one step closer to their goal of visiting their children in Canada.

28 Nov 2024

Approved After Refusal: ICT Work Permit Secured for Employer’s Needs

Our client approached us for assistance in re-applying for an Intra-Company Transfer (ICT) work permit after the first application was refused. To address the situation effectively, we immediately requested the complete application package from his previous representative and made ATIP requests to obtain the visa office’s notes.

After a thorough review of the previous submission and the refusal notes, our legal team collaborated closely with both the employer and the employee to prepare a robust application package. We ensured all mandatory documents were provided and forms were accurately completed. Additionally, we prepared a comprehensive legal submission that directly addressed all the concerns that were raised by the visa officer.

Two months later, we were delighted to share the good news: the application was approved, and the employee was granted a three-year work permit. This outcome allowed him to enter Canada and begin working for his employer. We were very pleased to have turned this challenging situation into a success and wish our client all the best.

22 Nov 2024

Federal Court Reverses Work Permit Denial, Ensuring Client and Family’s Canadian Immigration Success

Our client approached us after their work permit application as an intra-company transferee was refused. The visa officer determined that there was no “qualifying relationship” between our client’s current employer and the proposed Canadian employer, a key requirement for intra-company transferee applications. This decision also resulted in the refusal of dependent applications for the client’s spouse and child.

Upon reviewing the decision, we identified critical flaws in the visa officer’s reasoning, particularly a mischaracterization of the evidence submitted. The officer incorrectly concluded that the offer of employment was made by an unrelated third party rather than the Canadian employer, despite clear documentation showing the employer’s correct legal identity and its qualifying relationship with the client’s current employer.

Our legal team brought the case to the Federal Court, arguing that the officer’s findings were unreasonable as they misapprehended the evidence, failed to account for critical details, and did not align with established guidelines for assessing work permit applications under the intra-company transferee program.

The Federal Court agreed, finding that the visa officer had fundamentally misunderstood the evidence, including the employer’s legal operating name and corporate relationships. The Court determined that this misapprehension rendered the decision unreasonable. Consequently, the Court set aside the refusal and remitted the client’s work permit application, as well as the dependent applications for the client’s spouse and child, for redetermination by Immigration, Refugees and Citizenship Canada (IRCC).

This outcome highlights our commitment to ensuring fairness in immigration decisions and addressing administrative errors that affect families and careers. We are pleased to have assisted our client in overcoming this hurdle and moving closer to their goal of working and living in Canada.

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