IMMIGRATION LAW

It is overwhelming to choose the right immigration category and to complete the extensive documentations when you plan to immigrate in Canada. We happily and professionally take this challenge with our vivid legal expertise to make your dream true. Being your immigration lawyer in Scarborough, Toronto, Mississauga and Brampton we will provide you the experienced legal assistance to resolve the ingrained immigration issues.

WHY SHOULD YOU CHOOSE SURYA LAW?

Our Top 10 Competences

  • We will determine the best approach for you.
  • We will give you the honest feedback on your likelihood of success.
  • We will advise you on the documentations in well advance.
  • We will make sure your application complies with complex immigration guidelines.
  • We will review and submit your application on your behalf.
  • We will update all stages on time.
  • We will charge transparent flat rate, no hourly billing.
  • We will help on your interview preparation.
  • We will provide legal representation against any refusal.
  • We are professionally certified.

TEMPORARY VISA

STUDY PERMIT AND VISA:

RETAIN AN EXPERIENCED IMMIGRATOIN LAWYER FOR STUDY PERMIT AND VISA APPLICATON
It is a rewarding decision by a student to experience the world class education in Canada. It is also a wise choice as it could be the first step in becoming the Permanent Residence of Canada.

Being your immigration lawyer in Scarborough, Toronto, Mississauga, and Brampton, we will check your eligibility to study in Canada. After completion of your study from Canadian colleges and universities you might be eligible for post graduate work permits. With the valid work permit you may be able to gain Canadian work experience and we, the experienced immigration lawyer, can help to apply for Permanent Residence.

HOW TO APPLY FOR STUDY PERMIT?
A study permit application can be processed online or by visiting a Visa Application Centre (VAC). An immigration lawyer guides applicants professionally as per the guidelines imposed by the Immigration, Refugees and Citizenship Canada (IRCC).

WHAT ARE THE BASIC ELIGIBILITIES TO GET STUDY PERMIT?
Before applying for study permit you must have a letter of acceptance from a designated learning institution (DLI).

It is required to provide the proof of financial supports along with your study permit application. An immigration lawyer guides you how to arrange your financial documents and how much you need to arrange for you and your family members.
An applicant must have a valid passport or travel documents.

You might need to submit a letter of explanations along with the application for study permit. An experienced immigration lawyer can guide you on writing the letter of explanations.

When you apply for study permit you might need to send your medical report. Students are not covered under the provincial health system and therefore they need to obtain private health insurance.

ARE YOU ELIGIBLE TO APPLY THROUGH THE STUDENT DIRECT STREAM?
Students from India, Pakistan, China, the Philippines, Vietnam, Morocco and Senegal may be eligible for processing their study permits under Student Direct Stream.

ARE YOU PERMITTED TO WORK UNDER STUDENT VISA?
Yes, students are eligible to work maximum 20 hours off-campus weekly during the academic term without obtaining a work permit. They can work full time during academic breaks.

WHAT ARE THE PROGRAMS TO APPLY FOR PERMANENT RESIDENCE AFTER COMPLETING THE STUDY?
An immigration lawyer is the best professional to advice you on how to convert your Study Permit to Canadian Permanent Resident status. An international student might have eligibility to apply for Canadian Permanent Residence while studying in Canada or after completion of study. A student can apply for both Canada study permit and Canadian permanent residence at the same time which know as ‘dual intent’.

An experienced immigration lawyer can help you to apply for Canadian Experience Class (CEC); Provincial Nominee Programs (PNPs); or Quebec Experience Class (QEC) for getting your Permanent Residence in Canada.

Please contact us for further assistance as your immigration lawyer for applying your study permit.

WORK PERMITS:

PROCESS YOUR WORK PERMIS APPLICATOIN WITH TRUSTED IMMIGRATION LAWYER

If you want to settle down in Canada as a Permanent Resident, applying for a work permit is a good planning. Your work experience in Canada may increase your eligibility to apply for Permanent Residence application. An experienced immigration lawyer can guide you to choose the best strategy for you. The following work permit programs are available in Canada.

LABOUR MARKET IMPACT ASSESSMENT (LMIA) AND WORK PERMIT:

LABOUR MARKET IMPACT ASSESSMENT (LMIA) AND WORK PERMIT

Normally it is a two-step process to obtain a Canadian work permit. First, the Canadian employer must obtain a positive LMIA from Employment and Social Development Canada (ESDC) and secondly, the foreign worker will apply to IRCC for work permit along with the positive LMIA.

The LMIA is a kind of labour certificate which confirms that the employment will not adversely affect the domestic Canadian job marketplace. The employer needs to provide enough information to ESDC that there is no competent Canadian or Permanent Resident to compete the job.

The LMIA application is always a complicated process, and an experienced immigration lawyer can guide how to obtain LMIA and assist the foreign worker to apply for work permit. The immigration lawyer can help to confirm whether the targeted employee is classified as “highh-wage” or “low-wage” and all other issues related to LMIA application.
There are exceptions that allow the foreign workers to apply directly to IRCC for a work permit without having LMIA. These exceptions fall under the North American Free Trade Agreement (the “NAFTA”) and the General Agreement of Trade in Services (the “GATS”).

Please let us know if you need any help and we would be happy to assist you as your experienced immigration lawyer.

LMIA EXEMPT WORK PERMIT:

WORK PERMIT WITHOUT LMIA
Immigration laws in Canada contain exceptions to allow prospective foreign employees to apply for work permit without having LMIA. The most common LMIA exempt programs are outlined below.

NAFTA AND OTHER INTERNATIONAL AGREEMENTS
Canada, Mexico and the USA are the signatory countries of the North American Free Trade Agreement (NAFTA). Foreign workers form Mexico and the USA do not need to obtain LMIA while they apply for work permit in Canada. Canada-Chile Free Trade Agreement, Canada-Peru Free Trade Agreement, Canada-Columbia Free Trade Agreement also fall under this program. Being your experienced immigration lawyer, we will help you to process your application.

SELF-EMPLOYED/ ENTREPERENEURS WORK PERMITS
The sole or majority business owners of foreign nationals can apply under this category if they can demonstrate that their business will have significant benefit to Canada. Entrepreneurs need to show that their business is temporary in nature.

INTRA-COMPANY WORK PERMITS
Intra-Company transferees may apply for work permits without obtaining LMIA. This category is governed by the international agreements such as GATS, NAFTA, as well as the Immigration and Refugee Protection Regulations.

Being an experienced immigration lawyer, we will be able to assist you for your a successful work permit application. An applicant must consider the below requirements for successful application.

  • The applicant employee must be full-time and currently employed by the MNC.
  • The transferee must be an executive, senior manager, or specialized knowledge worker.
    There will not have any change of his/ her job designation.
  • The employee will be recruited to Canada temporary period but not more than 5 to 7 years.
  • That MNC must have a “qualifying corporate relationship” with the Canadian company.

INTERNATIONAL EXPERIENCE CANADA (IEC) PROGRAM
The IEC program facilitates foreign youth aged 18 to 35 years to work in Canada temporarily. There are three categories, and an experienced immigration lawyer can guide how a youth can be benefited to get work permit under Working Holiday program, Young Professional program, and International Student Co-op. f

OPEN WORK PERMITS FOR COMMON-LAW PARTNERS AND SPOUSES
If you are a spouse or common-law partner of a full-time student, skilled worker, or principal PR applicant, you may be eligible to apply for open work permit and you do not need to obtain LMIA. An experienced immigration lawyer can assist you to apply for open work permit and you will not be restricted to work with a specific employer, occupation, and location.

The expiry of an open work permit depends upon the validity of the principal’s work permit. The Canadian immigration laws set up different criteria of the open work permit if the principal is a student, foreign worker, or a provincial nominee.

RELIGIOUS AND CHARITABLE WORK
A foreign national can apply for work permit without obtaining LMIA for working with a Canadian charitable or religious organization and when the main duties are spiritual. Keep in mind that clergy does not need work permit to work, and they can continue work under a visitor record. If you are not sure whether you need work permit or not, we can help you as your experienced immigration lawyer.

ACADEMICS
According to the Immigration and Refugee Protection Act (IRPA) guidelines, Canadian colleges and universities can hire foreign academics without LMIA. This includes post-doctoral fellows, researchers, guest lecturers, visiting professors.

Please let us know if you need any help and we would be happy to assist you as your experienced immigration lawyer.

VISITOR VISA:

VISITOR VISAS: ASSISTANCE OF AN EXPERIENCED IMMIGRATION LAWYER ALWAYS ADVISABLE
Every foreign individual needs approval from Canadian consulate to travel to Canada as a visitor. The visitor requires either a Temporary Resident Visa (TRV) or an electronic Travel Authorization (eTA). If you are a tourist, temporary foreign worker, international student or a business visitor, you need either TRV or eTA. These visas are issued for either single entry or multiple entry and can be valid for generally 12 months or more but you can legally stay in Canada for six months at a time.

WHEN DO YOU NEED A TRV OR AN ETA?
Every foreign national intending to travel to Canada needs TRV except citizens from visa-exempt countries. If you are a citizen of a visa-exempt country, you need to obtain an eTA before departure to Canada. Any Green Card holders in the USA can apply for eTA for visiting Canada regardless of their nationality.

An experienced immigration lawyer can assist you to apply for your visitor visa and can guide you step by step to avoid any rejection of the visa application. It is important to keep in mind that you mind need to undergo a medical examination and need to provide biometric information. Medical issues and criminality may cause to reject your application for visitor visa. You must prove that you have ability to support yourself during your temporary stay in Canada.

SUPER VISA:

SUPER VISA: YOUR TRUSTED IMMIGRATION LAWYER TO SUBMIT STRONGEST APPLICATON
It is an ideal option to bring Parents and Grandparents of Canadian citizens and Permanent Residents to Canada through the Super Visa category. A multiple-entry visa holder can stay in Canada maximum six months at a time whereas a super visa holder can stay in Canada for up to five years. Even if you are waiting for Parental Sponsorship Applications outcome, you can apply for Super Visa. It might be complicated process considering the requirements of applications documentations, you can contact us as your trusted immigration lawyer. The applicant of Super Visa must provide the below documentations:

  • Proof that the sponsor is a Canadian citizen or permanent resident.
  • Proof that the child or grandchild meet the MNI (minimum necessary income). The financial documentations are less strict than Parental Sponsorship Application.
  • Proof of valid Canadian healthcare insurance.
  • Proof of immigration medical examination.
  • A written statement of financial support from the child or grandchild.

BUSINESS VISITOR VISA:

BUSINESS VISITOR VISAS: AN EXPERIENCED IMMIGRATION LAWYER ENSURES REGULATIONS ARE MET
An individual foreign national can enter into Canada without a work permit as a Business Visitor if he/she engages in business or trade activities in Canada and does not enter the Canadian labour market. It is important to keep in mind that the Business Visitor must obtain either a TRV (Temporary Resident Visa) or an eTA (electronic Travel Authorization).

It is always advisable to consult with an experienced immigration lawyer to determine whether the prospective businessperson eligible to apply under Business Visitor program. In order to qualify as a business visitor, the applicant must comply with the following criteria:

  • The applicant must not enter the Canadian labor market.
  • The principal place of business must not be in Canada.
  • The business visitor’s remuneration must be sourced outside of Canada.
  • The business visitor’s business profit must be accrued outside of Canada.

The individual intends to visit Canada as a Business Visitor can enter Canada for after sales services, for attending board of directors meetings, for marketing, sales, distribution, research etc.

Permanent Residence

Express entry

EXPRESS ENTRY PERMANENT RESIDENCE: CONSULT WITH YOUR CANADIAN IMMIGRATOIN LAWYER The Express Entry is an online immigration application system of the Government of Canada to expedite the Permanent Resident visa process. It facilitates the applicants of various Economic Immigration Programs to create their profile in order to be considered as a skilled immigrant in Canada. The candidates with highest ranking are invited to apply for Canadian Permanent Residency. HOW DOES EXPRES ENTRY WORK? The applicant must create an Express Entry profile on the IRCC website with all his/ her personal information, including education, work experience, skills, language scores, and the application will be ranked using a Comprehensive Ranking System (CRS). If the applicant gets higher points comparing the other applicants in the pool, the applicant will receive an Invitation to Apply (ITA) for Canadian permanent residence. The candidate needs to submit the Permanent Residency application within the specific time period. A candidate will remain in the pool for 12 months if he/she does not receive an ITA and may be invited in a future date within the 12 months period. WHEN DO YOU NEED TO GO THROUGH THE EXPRESS ENTRY? An applicant must go though the Express Entry if he/she wants to be a Canadian Permanent Resident under one of the following programs: HOW TO EARN EXPRESS ENTRY PROFILE POINTS? The Express Entry points are assigned based on:
  • Education
  • English/ French language proficiency
  • Work experience and skills Age
  • Whether you have already a job offer in Canada
  • Education, language ability and work experience of the spouse
  • Whether you have completed any study in Canada
  • Whether you have a provincial nomination
It is very imperative to consult with a skilled immigration lawyer to verify your eligibility for applying under Express Entry.

FEDERAL SKILLED WORKER (FSW):

FEDERAL SKILLED WORKER (FSW) EXPRESS ENTRY PERMANENT RESIDENCE Foreign nationals with experience in specific occupations can apply under Federal Skilled Worker (FSW) program. This program is managed by the Express Entry and part of Economic Class. REQUIREMENTS FOR FEDERAL SKILLED WORKER APPLICTION In order to qualify under FSW program, the candidate must:
  • have a job offer by a Canadian employer or the candidate is eligible to work in Canada if she/she already lives in Canada.
  • have the enough settlement funds to support himself/ herself and the family.
  • have one continuous full-time paid professional work experience or the equivalent part-time continuous employment listed in the
  • National Occupational Classification (NOC) skill level O, A, OR B, within the last 10 years.
  • obtain the minimum language proficiency either in English or French in speaking, listening, reading, and writing.
  • possess a Canadian educational credential, or foreign educational credential with an Education Credential Assessment (ECA).
  • live outside Quebec.
SIX SELCTION FACTORS TO BUILD UP THE POINTS The applicant must have a minimum of 67 points to qualify under the program. The points are scored based on:
  • Education : 25 points
  • Language Skills : 28 points
  • Work Experience : 15 points
  • Age : 12 points
  • Arranged Employment : 10 points
  • Adaptability : 10 points
FSW is a complicated program and being your experienced immigration lawyer let us help to prepare your application.

FEDERAL SKILLED TRADES (FST):

FEDERAL SKILLED TRADES (FST) EXPRESS ENTRY PERMANENT RESIDENCE The Federal Skilled Trades (FST) program was introduced by the Canadian Government to reduce the labour shortages in several skilled trades throughout Canada. The candidate having certification in specific trades and job offer needs to create a profile under the Express Entry System to pursue permanent residency under this program. This program is not applicable to Quebec province.

WHAT ARE THE REQUIREMENTS FOR FEDERAL SKILLED TRADES APPLICTION?

In order to qualify under FST program, the candidate must:
  • have employment offers from up to 2 employers of Canada for at least 1 year.
  • proof basic language proficiency either in English or in French.
  • have at least 24 months of relevant trade experience in the past 5 years.
  • have work experience in Skill Level B of NOC (National Occupational Classification).
When a candidate is selected and awarded the ITA (Invitation to Apply), the candidate and his/her dependants must obtain security clearances and undergo medical examinations. Let us help you prepare the strongest FST application as your trusted immigration lawyer.

CANADIAN EXPERIENCED CLASS (CEC):

CANADIAN EXPERIENCED CLASS (CEC) EXPRESS ENTRY PERMANENT RESIDENCE The Canadian Experienced Class (CEC) is managed by the Express Entry program. A candidate having at least one year of Canadian work experience can apply for permanent residence under this program. WHAT ARE THE REQUIREMENTS FOR CANADIAN EXPERIENCED CLASS APPLICTION? In order to qualify under CEC program, the candidate must:
  • have at least 12 months of full-time skilled, professional or technical work experience in
  • Canada within 3 years of applying. The part-time works also qualify subject to equal amount of experience achieved by the candidates.
  • meet the skilled work experience as per the NOC (National Occupational Classification).
  • demonstrate the minimum level of language proficiency as per the skilled work.
  • reside outside of Quebec province as they have separate Quebec Experience Class.
An applicant can legally obtain required work experience in Canada in different ways.
  • International students can achieve permanent residence status fastest and simplest route under this program. After completion of their studies in Canada, international students can stay in Canada and obtain post-graduate work permits. After achieving 1 year work experience in Canada, they may be eligible to pursue the permanent residence application under CEC program.
  • The spouse of a partner who is legally working in Canada, can obtain an open work permit and achieve the required work experience.
  • An international exchange program is also an ideal plan to obtain work experience through an open work permit.
  • An individual may achieve required work experience on a positive Labour Market Impact Assessment (LMIA), or occupation may be exempt from the LMIA condition.
The CEC program may be complicated for you to understand the process. Let us apply on your behalf the best possible application as your experienced immigration lawyer.

PROVINCIAL NOMINEE PROGRAMS (PNP):

PROVINCIAL NOMINEE PROGRAMS (PNP): PERFECT IF YOU LACK ENOUGH POINTS FOR EXPRESS ENTRY OR NOT QUALIFIED FOR OTHER IMMIGRATION PROGRAMS. It is one of the best programs for prospective immigrants who do not have enough CRS scores but have a valid Canadian job offer. The prospective immigrants can apply to any province or territory, but they must be aware of the unique PNP programs that match with their profiles. Every province and territories have their own unique selection criteria in several occupations such as medical, trades, agriculture, investors, information technology and so on. HOW DOES PNP WORK? It is two steps process. First, a candidate needs to apply to the province or territory for nomination and meet the requirements to obtain a nomination certificate. Second, he/she must submit a paper application to IRCC for permanent residence. While the nomination certificates are issued by the provinces and territories, the IRCC approves all permanent residence applications. PNP THROUGH EXPRESS ENTRY If you apply for nomination, a province or territory may nominate you through Express Entry and it will be listed on your nomination certificate. In this case, PNP application is three steps process. First, the applicant needs to create an Express Entry profile with CRS score. Second, the applicant must submit a PNP application, and he/she will remain in the Express Entry pool. Once the province or territory successfully processes the application, the applicant will score additional 600 points to add to CRS. Third, you may be invited to apply for permanent residence. The PNP application is very competitive and might be complex for you to understand. Please consult with us to be advised as your skilled immigration lawyer.

BUSINESS IMMIGRATION:

BUSINESS IMMIGRATION CONSULUT WITH AN CANADIAN IMMIGRATION LAWYER FOR BUSNIESS IMMIGRATION. It is always an ideal program for entrepreneurs. High or medium net worth entrepreneurs can apply under Business Immigration. They have the option to choose the PROVINCIAL NOMIEE PROGRAM or the START-UP VISA PROGRAM.

BUSINESS PROVINCIAL NOMIEE PROGRAM (PNP):

The Business PNP Programs are joint-programs between Canadian provinces and the federal government. Provinces and territories craft their own immigration plans in accordance with their own immigration priorities. This is two-step process. First, the high-net-worth person fulfils the PNP programs requirements and the province nominates the candidate. Second, the selected candidate needs to apply for permanent residence to IRCC. Canadian provinces and territories have their own PNP programs and being your experienced Canadian immigration lawyer we can assist to ensure a smooth application process.

START-UP VISA PROGRAM:

START-UP VISA PROGRAM is one of the most popular and fastest business immigration programs to become a permanent resident in Canada along with family. If you have an innovative business idea and you want to run your own business in Canada benefiting Canadian job marketplace, you may apply under the program. WHAT ARE THE REQUIREMENTS TO QUALIFY THE PROGRAM? An individual applying under Start-up Visa Program does not need prior business executive level experience or any prior business ownership, but he/she must:
  • obtain a Letter of Support from a designated organization. The applicant can secure a Commitment Certificate and Letter of Support from Business Incubator or Venture Capital Fund or Angel Investor.
  • apply alone or in a group of maximums of five candidates.
  • own at least 10% of the voting rights to the new start-up business in Canada.
  • own 51% of the voting rights jointly with the designated organization.
  • have enough settlement funds for first 6 months.
  • proof your language proficiency either in English or in French.
  • be medically fit.
  • have clear police clearance certificate.
You might not need cutting-edge business model or any hi-tech business concept. If you do not qualify to immigrate in Canada under points system but fulfil the above condition, we can help you to pursue your application as your experienced Canadian immigration lawyer.

FAMILY SPONSORSHIP:

FAMILY SPONSORSHIP RETAIN OUR EXPERIENCED IMMIGRATION LAWYER FOR FAMILY SPONSORSHIP This program is very popular to bring your family members in Canada for permanent residence. Being a permanent resident of Canada, your family members can live, study and work in Canada. The family members do not need any points to come under this category. The main priority of this program is to reunite the family in Canada. WHO IS ELIGIBLE TO SPONSOR? You are eligible to sponsor your close relatives if:
  • you are at least 18 years and over.
  • you are a Canadian citizen or a permanent resident.
  • you must prove that you will not receive social assistance for sponsored relatives.
  • you can provide basic needs of any sponsored relatives and need to sign undertakings.
  • you are a Canadian citizen, and lives outside Canada, you must prove that you will return to Canada once the sponsored person becomes a permanent resident. A permanent resident cannot sponsor anyone living outside Canada.
WHO CAN BE SPONSORED? The IRCC has restricted the list of people you can sponsor. You may sponsor your:
  • spouse who is legally married to you and at least 18 years old.
  • common-law partner or conjugal partner who is at least 18 years old and can be either sex. You must live with your common-law partner or conjugal partner for at least 1 year in a conjugal relationship without any long break.
  • parents and grandparents submitting the sponsorship application and the PR application. Once the both applications are approved, you need to sign an undertaking.
  • dependent children if they are under 22 years old and they don’t have spouse or common law partner.
  • adopted children which is two parts immigration process. First, the application for sponsorship and second, the application for PR for the child.
  • close relatives like your brother, sister, aunt or uncle in very specific situations.
  • orphaned brother sister, niece, nephew or grandchild if they meet all the criteria.
If a single sponsor cannot comply with the minimum financial requirements, a Co-sponsor can be added to sponsorship application. The persons you are sponsoring must show they meet the eligibility requirements and must provide medical exams, police clearance and biometrics. APPEALS If a sponsorship application has been refused by an immigration officer, the sponsor may be eligible to appeal. Our dedicated Canadian immigration lawyer can help you to file the application of sponsorship or to appeal the rejection. If you live in Quebec, you need to apply though Quebec Family Class Program.

Citizen

CANADIAN CITIZENSHIP

FINISH YOUR FINISH LINE WITH THE HELP OF OUR EXPERIENCED IMMIGRATION LAWYER

Citizenship is the finish line at the end of the long journey of immigration process. Canadian citizenship opens doors for more job opportunities, global travel freedoms, social securities, voting rights, no further renewal of immigration documents and many more. The applicants of Canadian citizenship must

  • be a permanent resident
  • have been physically in Canada for at least 1095 days (3 years) out of the 5 years before signing the application
  • have filled their taxes for at least 3 years during the 5 years and there must not have any unpaid tax
  • prove language proficiency either in English or French if their ages fall between 18 to 54 years on the day of signing the application
  • pass the citizenship test if their ages fall between 18 to 54 years on the day of signing the application
    The eligibility requirements are different for a minor, adopted child born outside Canada, spouses of Canadian citizens or a past Canadian citizen who wants back the Canadian citizenship.

You may not be eligible to become a Canadian citizen if you committed a crime in or outside Canada. Our experienced immigration lawyer can assist you and submit the strongest possible application to process your Canadian citizenship.

REFUGEE:

REFUGEE

SUBMIT YOUR REFUGEE APPLICATION UNDER THE GUIDANCE OF OUR EXPERIENCED IMMIGTATION LAWYER

REFUGEES are forced to leave their respective countries in fear of persecution, cruel torture, or risk of death. Being a signatory of the international Conventions, Canada respects its obligations towards those who has legitimate reasons to flee and need protection.

If a refugee needs protection from outside Canada, he/she falls under the REFUGEE AND HUMANITARIAN RESETTLEMENT PROGRAM but for any claim within Canada falls under the IN-CANADA ASYLUM PROGRAM.

THE REFUGEE AND HUMANITARIAN RESETTLEMENT PROGRAM: Under this Program the United Nations Refugee Agency (UNHCR) and private sponsors determine who is eligible to claim refugee under this program as an individual cannot claim refugee status directly to settle in Canada. An individual must fall under two refugee classes – the Convention Refugee Abroad Class and the Country of Asylum Class.

You may fall in the Convention Refugee Abroad Class program if you are not able to return your country due to serious concern of discrimination based on

  • race
  • political turmoil
  • religion
  • nationality, or
  • social group membership.

You may be eligible under the Country of Asylum Class if you

  • live any other country but not in Canada, and
  • are truly troubled by civil war or armed conflict, or
  • deprived of basic human rights.

All refugees under the Convention Refugee Abroad Class and the Country of Asylum Class programs can arrange private sponsorship to support themselves and their families after arriving Canada but referrals by UNHCR or private sponsorship are required.
IN-CANADA ASYLUM PROGRAM: If an individual has legitimate fear of persecution or is at risk of unhumanitarian punishment in their home country, may apply refugee claim under this Program. The individual claiming refugee status must

  • be in Canada; and
  • not have any removal order.

If your previous refugee application had been denied or you are convicted of serious criminal offence, then you are not eligible to file refugee application.

SAFE THIRD COUNTRY AGREEMENT (STCA)
Pursuant to the Agreement between the U.S. and Canada, an individual must submit refugee claim in the fist safe country he/she arrives in.
For example, if an individual tries to enter a land port in Canada though the U.S., the individual will not be successful in a refugee claim in Canada. This Agreement is applicable at airport entry in Canada if an individual in transit though Canada after being refused the refugee status in the U.S and deported from the U.S.

Exceptions to STCA

Under four categories of exceptions, you may submit refugee application in Canada after arriving in the U.S.

  • If you have family members in Canada.
  • If you are a minor (under 18 years).
  • If you hold a valid document such as Canadian visa (not a transit visa), work permit, study permit, travel document.
  • If you qualify under public interest.

The refugee claim might be complicated considering the immigrations laws. Being your experienced Canadian immigration lawyer, we will ensure to submit your refugee claim as per the guidelines to achieve your expectations.

HUMANITARIAN AND COMPASSIONATE GROUNDS:

HUMANITARIAN AND COMPASSIONATE GROUNDS

Any foreign national needs to apply for and obtain a permanent resident visa from outside of Canada but section A25(1) of the Immigration and Refugee Protection Act (IRPA) permits a foreign national to apply for PR under humanitarian and compassionate grounds currently living in Canada.

WHEN CAN YOU USE H&C APPLICATION?

You can submit your H&C application if you:

  • live in Canada as a foreign national.
  • need an exemption from the IRPA.
  • believe that you will experience unusual and undeserved or disproportionate hardship if you need to leave Canada.
  • are not eligible to obtain PR staying in Canada under any other programs.

Our experienced immigration lawyer will ensure that you are aware of the entire complicated process and make sure that all regulations are complied with for the strongest possible application. It is important to keep in mind that H&C application is not another program for obtaining permanent residence in Canada. It is an exception to relief the H&C applicant from unusual and undeserved or disproportionate hardship if the applicant needs to leave Canada.

Being your trusted immigration lawyer in Canada, we will do the needful to provide all circumstances and factors with your application for a successful consideration explaining your hardship you will suffer if your application is not approved. It is important to mention in the application whether the decision made under the H&C application will affect the best interest of the child.

Please consult our experienced Canadian immigration lawyer to submit your strongest possible application.

FOR ALL YOUR LEGAL NEEDS WE ARE ON CALL FOR YOU