Our Recent Immigration Success Stories

Work Permit and Restoration of Status Granted After Prior Refusal

We were approached by a client after their work permit and restoration application under a previous public policy for post-graduate work permit (PGWP) holders had been refused. Thankfully, a new public policy for PGWP-holders had been released, under which we determined that our client was eligible. We assisted in diligently preparing our client’s application, including ensuring all mandatory documents were provided, forms were filled out accurately and taking care to ensure their immigration history was fully disclosed, in addition to conducting legal research and preparing legal submissions to accompany the application. After a few months, we were delighted to share the news with our client that their application had been approved – their status had been restored and they were granted authorization to work in Canada once again. We are very pleased with the result considering the effort and hard work both our client and our office put into the application, and wish our client all the best!

A Positive LMIA Decision in Record Time

Our firm successfully obtained a positive Labour Market Impact Assessment (LMIA) for our client who urgently required a housekeeper for her elderly parents’ residence. Our experienced business immigration lawyer conducted an initial assessment with the employer and identified the challenges that our client, the employer, faced in maintaining the cleanliness of the household. We advised and assisted the employer throughout the complex LMIA process, including the required recruitment efforts and preparing a comprehensive application package.

We filed the LMIA application with Service Canada in September 2023. However, due to technical glitches on the LMIA portal, they were unable to verify the payment of the processing fees and erroneously cancelled the application. Our legal team swiftly contacted Service Canada and clarified the situation. Despite this setback, the application was reopened into processing. Our client received a favourable LMIA decision without an interview in October 2023, within two weeks of the application being reopened. We are delighted with the expedited outcome and are pleased to have helped our client achieve her objective in a timely manner.

Successful Permanent Residence Application for Out-of-Status Applicant on H&C factors

Our client came to us looking to regularize their status in Canada, having spent in Canada a number of years without status. During their time in Canada, they fell in love and married a Canadian citizen, and therefore, we initially suggested that they apply for permanent residence under the In-Canada spousal sponsorship program. However, upon further investigations into the family history, it came to light that the Canadian spouse was not eligible to be a sponsor given the outstanding child support payments for their child from a previous relationship, although the individual was making regular payments to clear the debt. In the meantime, the out-of-status spouse came to the attention of CBSA which put our client at risk of being removed from Canada.

As the spousal sponsorship was no longer an option, we recommended our client apply for permanent residence under Humanitarian and Compassionate factors, given their establishment and family in Canada, and the hardship they would experience if returned to their country of citizenship, having not resided there for many years. With copious supporting evidence and our detailed legal written submissions, our arguments were accepted by IRCC, and our client’s application for permanent residence was approved.

We are extremely happy for our client and that we were able to assist the family to remain united in Canada. We wish our client and their family all the best.

 

Visitor Visa Reconsideration

With Artificial Intelligence (AI) in full swing at all levels and organizations, it is no wonder Immigration, Refugee and Citizenship Canada (IRCC) is making use of this rapidly expanding technology to relieve the work of their overwhelmed employees given the Department receives tens of thousands of applications in all existing Canadian immigration programs. 

In the past few years we noticed an increase in refusals for temporary visas – visitor visas, study and work permits. While we do not have the exact indicators that are taken into consideration when refusing such applications, once we receive the Global Case Management System notes (GCMS), request made under the Access to Information Act, we notice that the use of Chinook and now reference to AI. The reasons given in the refusal letter are generic at times with little if any reference  to the supporting documents. 

Further to the many consultations we have with clients who have been refused, if we determine their case was strongly supported by documents, they have been refused more than once and the reasons for refusal are generic we advise clients to consider challenging the negative decision to the Federal Court. Recently we received an approval of a temporary visitor visa application for one of our clients, whose application was initially refused by IRCC. 

We challenged the negative decision at the Federal Court, the judge granted Leave and we were scheduled to attend a full judicial review hearing. Before the hearing we reached a settlement with the Department of Justice. The application was re-opened and sent to the visa office for redetermination, with another visa officer. 

It is critical that once the file is reopened, the applicant should submit updated documents and submissions to support the application. We gathered as many updated documents as possible, like bank statements, supporting letters, itineraries, financial documents, etc., to prove the case. In other cases, like for study permit, we update the acceptance letters from the educational institution, support letters from parents or persons who are financially involved in the case, trips abroad, etc. 

Much to our and our client’s delight, the redetermination went smoothly and very fast. Within a month, we received an approval for their visitor visa.  It is unfortunate clients sometimes have to resort to all these steps but when the purpose of visit is important and/or a client is unfairly refused it is reassuring to see the process can work to correct errors.  

If you need any help with your visitor visas or temporary (study or work) permit applications or challenging negative decisions, please feel free to contact us. 

Thank you.