Other Services & Programs

Becoming a Canadian Citizen is the goal of many immigrants, and is the last step which will truly allow someone to become a next generation Canadian.

There are many paths to citizenship and Canada welcomes the next generation of Canadians who will shape this nation for years to come. Once you pass all of the requirements and undergo the citizenship ceremony/oath, you will truly become a member of this great nation. You will be then given full access to Canada and all it has to offer.

Program Requirements

To be eligible for Citizenship you must:

• Be a Canadian Permanent Resident.
• Have met all of the residency requirements as conditions of your Permanent Residency.
• Be 18 years of age or be 14 years or older if with a parent.
• Have a clear criminal history and not be considered a security threat to the country.
• Be competent and able to use one of Canada’s official languages, either English or French.

Be able to pass the Canadian Citizenship Test which tests your knowledge of Canada; Although the above list is quite inclusive there are some variations that are possible depending on the person’s age and the history of their status in Canada.

Program Privileges

Becoming a Canadian Citizen will not only give you full access to Canada, but with this honor, you will:

• Be able to vote in all elections.
• Run for government office if you desire.
• Join the military.
• Apply for a Canadian Passport.

Additionally, you will be able to pass on to your children the right of citizenship and allow them and subsequent generations the right to be a citizen of Canada.

A Temporary Resident Permit (TRP) may be issued to a foreign national to overcome inadmissibility issues or if they do not meet requirements of the Immigration Refugee and Protection Act. TRP’s are issued by a delegated authority and may be cancelled at any time, but they are in place to make sure that there are ways to circumvent the laws should there be a compelling reason.

Program Requirements

To qualify for a TRP, the foreign national must first prove that there are compelling reasons why their entry is essential and their presence in Canada outweigh any risk to the Canadian Public. The application will be assessed based on the following criteria:

• History or pattern of non-compliance with the Act/Regulations.
• Credibility, which should be assessed during an interview and the task is to weigh the facts in a fair and impartial manner, considering both positive and negative elements.
• Previous removal
• Controversy or any complex, sensitive elements to the case
• Social Assistance

Note: A foreign national that applied for refugee protection and was either rejected or determined to be withdrawn or abandoned within the last 12 months is not eligible for TRP. If an applicant was found to be inadmissible based on serious criminality, security reasons or terrorism; a TRP will not be issued or considered.

Program Privileges

A TRP can carry privileges greater than those granted to other visitors, students and workers with temporary resident status. For example, a foreign national who has been issued a TRP for a validity period of at least 6 months can apply in Canada for a work or study permit and may be given access to health or other social services.

The Permanent Resident Card is proof of your PR status here in Canada and is required for travel in or outside of the country. If you are replacing a lost, stolen or damaged Permanent Residence Card (PR Card) you will be required to complete and submit an application package. This application package also applies to those that did not receive a P.R. Card within 180 days of immigrating, if you are renewing an expired PR Card or you legally changed your name and need to update your PR card.

Program Requirements

To qualify you must have permanent resident status in Canada and submit the application package in Canada. If you are outside Canada and do not have a valid PR Card to return, you must get a Permanent Resident Travel Document.

If you are required to replace a PR Card that was either lost or stolen you will be required to explain, what the circumstances were. If you are replacing your card because of a name change you will be require to show proof (example, Marriage Certificate).

Everyone’s situation is unique when it comes to replacing their PR card and if you would like to get some advice about this place Connect with Us and then we will be able to assist.

Program Privileges

Upon receiving your renewed or replaced PR Card you will be able to travel as usual and prove your status when requested or required to travel into or outside the country. As a permanent resident in Canada, you can use the time to qualify and apply for Canadian Citizenship.

This option allows for the Canadian Immigration system to take into account special cases where people would normally not qualify under an immigration program. Sometimes due to unique circumstances of a case, the situation can be give distinctive consideration and receive some exemptions based on Humanitarian and Compassion (H&C) grounds.

This type of appeal is a last resort and tends to have limited degrees of success. Additionally, the Canadian government has introduced regulations strengthening the ability for people to take advantage of this for means other than it was intended and as such, it has made this type of application much more difficult.

Requirements

To be eligible for and H&C appeal your application will be looked at on a case-by-case basis as every case is unique and will be treated as such. Some of the issues that will be assessed are as follows:

• How settled the person is in Canada.
• General family ties to Canada.
• The best interests of any children involved.
• What could happen to the applicant if the request is not granted.

It is interesting to note that this category has been subject to changes that have allowed this not to be exploited as has been the case in past. With this in mind the following items are noteworthy and are directly noted on the CIC webpage:

• You may only request H&C if you are applying for permanent resident status in Canada, or for a permanent resident visa abroad. H&C requests from temporary resident applicants will not be considered.
• You cannot have more than one H&C application at the same time.
• H&C decision makers will not assess risk factors such as persecution, risk to life, cruel and unusual treatment or punishment.
• You cannot apply for H&C if you have a pending refugee claim.
• You cannot apply for H&C if you had a negative decision from the IRB within the last 12 months.

Canada has provided safe haven for many refugees throughout the years, and will be a safe option for many years to come. A Person in Need of Protection is someone who:

• Is at risk for torture.
• Has risk to their life.
• Has risk of cruel and unusual treatment or punishment.

A Convention Refugee is someone who has well-founded fear of persecution based on:

• Race
• Religion
• Political Opinion
• Nationality
• Membership in a particular social group, such as women or people of a particular social orientation

At a very basic level you may be a refugee if the above applies to you and as such might be able to apply for protection from the Canadian Government.

Requirements

To check your eligibility to apply as a refugee, please Contact Us so as to get competent representation as each case is unique and these applications can be quite complex, as such it is recommended that you retain the services of a competent professional.

A Judicial Review is quite different from an appeal and is used when there has been a decision made that is either an error in law; an error in fact; or sometimes both. If there are grounds for a Judicial Review, a lawyer can take your case to Federal Court.

It is important to note that the court will not substitute or impose a decision, but the court will determine whether there are grounds to have the Immigration authorities re-examine your case (without prejudice) and make a decision taking all the facts into account.

Requirements

There are many different situations where a Judicial Review can be initiated and they are too numerous to list here, but in general the grounds for a judicial review as laid out by the Federal Court is when a person or department:

• Acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction.
• Failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe.
• Erred in law in making its decision, whether or not the error appears on the face of the record.
• Based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard to the material before it.
• Acted, or failed to act, by reason of fraud or perjured evidence.
• Acted in any other way that was contrary to law.

For more information please Contact Us today.

To be eligible for all Canadian immigration and visa programs you need to be medically and criminally admissible as a basic premise of immigration legislation is to protect the Canadian public from outside threats that are related to health and public security. There are instances where a person can be found inadmissible based on these grounds and as such they can be overcome if certain criteria can be met. Overcoming Inadmissibility issues can be quite complex, and as such it is recommended that you retain the services of a competent professional to navigate you through this process. As each case is unique it is best to contact us directly with your unique set of circumstances and we will then be able to best direct you on how best to proceed. Contact us today for so we can help by guiding you and getting you in touch with the right professional.

As each case is unique, we know that some people will want to process their own paperwork and submit their own file to the government. Although we do not encourage people who are not experts or trained in this area to “act as their own counsel” due to the complexity of this type of work and what is at stake, we know that some will choose this path. With this in mind, we can offer a 2nd layer of protection, where we will work with you to both counsel and review your file so as to ensure that you will at the very least have a chance to avoid any costly mistakes by having a professional go through your file prior to it being submitted. The following are the services that we offer:

• A review with recommendations for how you should proceed with your file.
• Counselling on the process and what you should expect at different stages.
• Review your forms and documentation and give recommendations.
• Prepare you for the process and the upcoming interactions with the government.

This option is for people who wish to proceed with their file on their own but at the very least they can at least have a professional look over the file. This ensures that you will have the file evaluated and hopefully we will save you from costly delays and possible refusals. Contact us today for full details about how we can help you succeed with your file.