Every year immigrants migrate to Canada and do so for several different reasons such as study, work, family reunification, refugee asylum and tourism. Foreign nationals, those who are neither Canadian Citizens nor permanent residents of Canada, must meet all requirements laid out in both the Immigration and Refugee Protection Act and any regulations under it. Alzameli Legal Services is a paralegal firm located in the city of Ottawa.
Some of the services we provide are with matters relating to immigration appeals. We represent clients with sponsorship appeals, residency obligation appeals, refugee claims and removal orders before the Immigration Appeal Division (IAD).
Spousal Sponsorship Appeals
Under family class, a Canadian citizen or permanent resident may sponsor his or her spouse or common law partner. IRPA and IRPR requirements must be met for both overseas and inland applications before a final decision is made. In the case your application is refused, you can appeal the immigration officer’s decision at the Immigration Appeal Division. At Alzameli Legal Services, we can assist you with your IAD appeal. You have 30 days to file for an appeal after receiving a refusal letter from IRCC. In specific cases, the IAD may suggest that your appeal should be scheduled to be resolved at an alternative dispute resolution (ADR) conference. An ADR is an informal meeting between you, the Minister’s Counsel and an IAD officer to go over your appeal. If the ADR meeting was successful there will be no need for a hearing. To file the appeal, you must have a completed Notice of Appeal form along with a copy of the IRCC refusal letter. To schedule a hearing after filing for an appeal to the IAD, the IAD will contact your counsel to schedule the hearing, you will then receive a Notice to Appear at least four weeks before your hearing date. All the information regarding when and where your hearing will be held is specified on the Notice to Appear. There is a step by step process that must be followed, to properly appeal for sponsorship, including sufficiently preparing your case before the hearing date, providing documents, witness information, and interpretation needs are mandatory to be received at least 20 days before your hearing.
Residency Obligation Appeals
What is the residency obligation for permanent residents of Canada?
As a permanent resident of Canada, you must have resided in Canada for at least 730 days out of the last five years, which do not have to be continuous. Your time abroad Canada may be considered toward your residency obligation, under one of the following circumstances:
- While abroad, you were working full-time with a Canadian business or organization
- While abroad, you were working full-time with the Canadian federal, provincial or territorial government
- You were accompanying a Canadian citizen or permanent resident who was working abroad full-time for a Canadian business or the Canadian federal, provincial or territorial government
- You are a dependant child who was accompanying your parents who are Canadian citizens or permanent residents working abroad full-time for a Canadian business or the Canadian federal, provincial or territorial government
What happens if you do not meet the residency obligation as a permanent resident?
Until an official decision has been made about your status, you will still be considered a Permanent Resident. If your permanent resident card expires while you are abroad, you must apply for a permanent resident travel document to return to Canada. If a Canadian overseas visa office determines that you do not meet your residency obligation as a permanent resident, you have the option to make a residency obligation appeal.
Keep in mind that you may not make a residency obligation appeal if you have received a removal order inside Canada because you did not meet your residency obligation. In this case, you would have to make a removal order appeal. The basics: How to make a residency obligation appeal
- Appeals are made to the Immigration Appeal Division (IAD)
- You have 60 days from the date of the refusal to make an appeal
- For each family member being affected by the decision, you must submit a Notice of Appeal form
- You must also submit two copies of the decision from the overseas Canadian visa office
What happens if you are successful with your appeal?
If your appeal is allowed you will keep your status as a permanent resident of Canada and will be issued a permanent resident travel document to travel back to Canada, by Immigration, Refugees and Citizenship Canada.
What happens if your case is dismissed?
You will lose your status as a permanent resident of Canada and will also receive a removal order if you are in Canada at the time of the decision.
The Refugee Protection Division of the immigration and Refugee Board hears and makes decisions on refugee claims. If your claim fails, you may appeal the decision before the Refugee Appeal Division of the IRB. The RAD will usually proceed without a hearing and make its decision based on evidence provided by both parties and the RPD record.
Admissible hearings, before the Immigration Division of the IRB, are scheduled for some foreign nationals who may be inadmissible or removable from Canada. During these hearings a decision is made as to whether or not one may enter or remain in Canada. Canada Border Service Agency (CBSA) is responsible for immigration enforcement. During these hearings, a Minister’s counsel participated and represents the CBSA’s case. The reasons as to what one can be found inadmissible, denied a visa or refused entry to Canada for are security, human or international rights violations, criminality, organized criminality, health grounds, financial reasons, misrepresentations, non-compliance with the IRPA, and having an inadmissible family member.
The Immigration Division of the IRB conduct Immigration detention review hearings for foreign nationals who are considered as dangerous to the public, unlikely to appear for further proceedings or removal from Canada, and unable to establish their identity. If any of these issues persist, the CBSA hearing officer may ask for the detention to be continued. Detainees or persons concerned may retain an authorized legal representative to represent their case in the hearing, which are similar to court proceedings but not as formal in nature.
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Please be advised that this process can be difficult and hiring a representative to assist you with your matter may be something to consider. Clients may be represented before the Immigration and Refugee Board of Canada (IRB) and provided Legal services, for matters relating to an IRB, by paralegals licensed by the Law Society. At Alzameli Legal Services, we are licensed to represent you before the IRB and assist you with immigration appeals and refugee claims.
How can we help?
At Alzameli Legal Services, we have experience representing clients before the Immigration and Refugee Board of Canada. We recommend booking a consultation with us if you would like some more information and/or have any questions or concerns regarding this process. If you are looking for a licensed paralegal in Ottawa, call us today.
Any information provided on this website is not considered legal advice and is being presented in order to address the services we provide to the public. If you require legal advice regarding the information provided on this website, please book an appointment through our contact form online or by calling us at 613-680-4656.