Our Recent Immigration Success Stories

Successful Residency Obligation Appeal with zero days of physical presence in Canada

Our firm has recently been successful in a residency obligation appeal, where the appellant had zero days of physical presence in Canada within the relevant period under consideration. When the client approached our office to appeal the negative residency obligation determination, we knew that it would be one of the most difficult cases we have argued, given the most serious breach of the residency obligation. However, out team carefully explored and assessed the appellant’s circumstances, provided extensive evidence and vigorously argued before the Immigration Appeal Division that the appeal should be allowed based on humanitarian and compassionate consideration present in this case. We were successful in showing that the Appellant has encountered circumstances beyond his control which prevented him from returning to Canada in a timely manner to meet his residency obligation, although this has always been his intention, and that he has done everything in his power to return to Canada at the earliest opportunity, among other considerations.  Despite the most significant breach of the residency obligation, the panel granted the relief on humanitarian and compassionate grounds, which resulted in positive result for our client. We are very pleased that we were able to assist our client in retaining his permanent resident status in Canada.

This Week’s Success Story: Temporary Resident to Permanent Resident!

Our office was retained to assist a client with their application for permanent residence under the Temporary Public Policy: Temporary Resident to Permanent Resident Pathway for French-speaking recent international graduates from a Canadian institution – a limited-time pathway to permanent residence for qualifying temporary residents and their families.

After diligently preparing the application, our client’s application for permanent residence was approved. We are thrilled to have been able to achieve this result for our client and are very pleased with the timely approval.

Successful Appeal to the Immigration Appeal Division

When our client came to us, we knew it was going to be an uphill battle based on the situation and circumstances surrounding his matter. After an Officer decided that our client failed to meet the residency obligations requirements imposed on permanent residents, having limited days in Canada, he came to us to appeal the decision.  

Through the hard work of our team, including the preparation of extensive documentary disclosure, hearing preparations, case law research and oral submissions, we were able to assist our client in receiving a favourable decision. Following multiple sittings before the Immigration Appeal Division, the Member rendered their decision and allowed the appeal, setting aside the previous decision, and found that our client had not lost his permanent resident status.  

We are pleased we were able to assist our client and hope that he and his family are reunited at last.  

This Week’s Success Story: Crohn’s Disease Applicant Becomes Admissible to Canada

We recently assisted an individual who received a Procedural Fairness Letter from Canada Immigration on the determination that she would likely cause an excessive demand in Canada because of a pre-existing condition – Crohn’s Disease. As such, she was identified as what is referred to an “M5” applicant. This individual had been in Canada for some time and provided specialized services for research and development in Canada.

We argued she would not cause an excessive demand. We advanced that when balancing her contributions in Canada and considering her particular circumstances of the condition, together with the provincial criteria in which she resides, she does not fit the definition of the referenced “M5” applicant. Instead, she is an “M3” applicant, who is defined as an individual who has a health condition but is not expected to place an excessive demand on Canada’s health or social services.