21/06/2017 - Maria Kogay
Citizenship Bill C-6 Received Royal Assent
Canadian Immigration Blog
This Month’s Success Stories!
At Bellissimo Law Group we are privileged to work on behalf of many wonderful people, companies and associations. We represent people from the application stage to the Supreme Court of Canada. Every month we will be featuring a few of our success stories to offer some comfort to those who will soon embark on a similar journey . . .
Spousal Sponsorship Appeal at the Immigration Appeal Division
Last week we represented our client at the Immigration Appeal Division where he appealed the refusal of his spousal sponsorship application. The Immigration Officer at the visa office overseas had concluded that our client’s marriage was not legally valid and not genuine. In preparation for the hearing, we helped our client gather strong evidence to refute these findings, and we also worked with both our client in Canada and his wife overseas to prepare for oral testimony at the hearing. After considering all of the evidence on appeal, the Hearings Officer consented that the appeal should be allowed, and the deciding Member agreed. This is a fantastic resolution for our client, who can now be reunited with his wife in Canada.
Invitation to Apply for Permanent Residence Received on Returned Canadian Experience Class Application
Our client’s Canadian Experience Class (“CEC”) permanent residence application was returned earlier this year, after the CEC cap was met for the 2014 year. We assisted the client to submit their profile under the new Express Entry (“EE”) system and they were accepted into the EE pool of eligible candidates.
Our client recently received an Invitation to Apply for permanent residence under the EE system! We are now in the process of finalizing his permanent residence application and again anticipate a positive outcome.
Successful Humanitarian & Compassionate Application
Our client became a permanent resident of Canada on humanitarian and compassionate grounds. The applicant – a very young, bright man – initially came to Canada as a student. After three years of studies, he became destitute and could not afford tuition fees any longer. For various reasons, returning to his country of birth was going to cause extreme hardship. His application for permanent residence was approved and he just landed a few days ago.
Regularly permanent residents in the Toronto-area wait up to 3 years to receive Canadian citizenship. As applicants get closer to the 36-month projected deadline, some worry that – as they have not heard from Citizenship and Immigration Canada (CIC) in the last year or so – their application has not been processed. When facing delays in excess of projected processing times, an application to the Federal Court for mandamus may be appropriate.
Recently two clients in this position attended citizenship oaths and became Citizens of Canada. One man and his son had applied for citizenship in September 2011, and our office made submissions to the Federal Court in November 2014. The other man had applied for citizenship in July 2011, and our office made submissions to the Federal Court in early January 2015. We reviewed the processing histories of both applications, incorporating this information into our legal arguments. Both applications were resolved within the first stage of Federal Court processing (before a decision on leave). CIC concluded their processing and invited both to attend citizenship ceremonies in February 2015.
Family With Autistic Child Granted Permanent Residence
We were recently successful in assisting our client in receiving permanent residence for their family, following an initial medical inadmissibility finding for an autistic child whose education would have resulted in an excessive demand finding. We assisted in sourcing out appropriate educators and facilitators in their intended province, who helped develop an appropriate education plan together with our office. The detailed plan together with our specialized legal submissions were well supported and presented, and ultimately successful.
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