Our Recent Immigration Success Stories

A Successful Mitigation Plan for Kidney Treatment in Canada

We represented an applicant where IRCC was concerned that the individual would create an excessive demand in Canada for an anticipated kidney replacement treatment – a transplant or dialysis in Canada. We worked with the applicant’s family and the medical professionals to present his individualized circumstances and the family’s Mitigation Plan, demonstrating that no excessive demand would happen in Canada, costing out the care that was in fact required. Considering the individualized circumstances, we highlighted that the applicant did not require dialysis or a transplant presently and when he did require renal replacement treatment, we set out his plan for a live donor kidney transplant overseas, identifying the live donor and all other arrangements made overseas together with evidence in line with Hilewitz. This coupled with H&C considerations proved successful.

Overcoming NOC Concerns for PR Approval

A client approached our firm after receiving a request letter from IRCC regarding his permanent residence application under Express Entry (EE). The immigration officer raised concerns about one of his previous employments, questioning whether his selected TEER 2 NOC code was appropriate. The officer believed his duties aligned more with a TEER 4 NOC, which would make him ineligible for EE, and gave him only seven days to respond.

Recognizing the urgency, our legal team acted swiftly. We immediately requested an extension of time to IRCC, allowing us the necessary time to build a strong case. We carefully reviewed all documents the client had previously submitted, provided strategic guidance on obtaining additional supporting evidence, and conducted extensive legal and NOC research. Using these insights, we crafted a well-reasoned legal submission, emphasizing the proper legal test and demonstrating how the client’s job duties aligned with a TEER 2 NOC.

Three months later, we were thrilled to receive the client’s message – his PR was approved! We are delighted to have assisted him navigate this challenge and secure a positive outcome. We wish him and his family all the best as they begin their new chapter in Canada.

Federal Court Sets Aside Unlawful PR Refusal

We are delighted to share a significant victory for our client, who faced the unjust refusal of their permanent residency application under the Home Support Worker Pilot.

Our client came to us after IRCC rejected their application, claiming they did not meet the program’s education requirements. The key issue was whether our client’s foreign educational credentials, specifically their Doctor of Dental Medicine degree from their home country, met the program’s requirement that foreign credentials must be equivalent to a completed one-year Canadian post-secondary credential.

As part of their application, our client submitted an Educational Credential Assessment (ECA) report from World Education Services (WES), a designated assessment agency. The report evaluated their degree and stated that it represented four years of professional study in dentistry but did not indicate whether it was comparable to a completed Canadian education credential. Despite this, the immigration officer rejected the application, incorrectly stating that the ECA report had determined the degree was “not comparable” to a Canadian credential.

Our team challenged this decision in Federal Court, arguing that the officer’s decision was flawed and unreasonable, based on a misinterpretation of the WES assessment. We cited previous case law where similar errors had led to successful judicial reviews.

The judge agreed and ordered that the refusal be set aside. Our client’s application will now return to IRCC for a fresh review by a different officer, giving them a renewed opportunity to achieve permanent residency.

We are proud to advocate for those facing unfair immigration decisions and remain committed to ensuring that applicants receive a fair and just review of their cases.

Bridging the Labour Gap: LMIA Approved for Skilled Cooks

A thriving local restaurant specializing in authentic Mexican cuisine approached our firm for guidance on hiring foreign workers due to the ongoing shortage of qualified cooks in Canada. With two established locations and plans for further expansion, the restaurant had made continuous efforts to recruit and retain local talent but faced persistent challenges in finding skilled culinary professionals.

After a thorough assessment of the business needs and exploring various immigration options with our lawyer, the employer decided to apply for a Labour Market Impact Assessment (LMIA) to hire three foreign cooks. Our legal team worked closely with the employer, ensuring that every aspect of the application was meticulously prepared to meet the requirements.

Although LMIA processing times can be lengthy, the application was successfully approved, paving the way for the restaurant to welcome skilled cooks and continue offering authentic Mexican cuisine to its growing customer base. We are thrilled to have achieved this positive outcome, helping our client address labour shortages and expand their business with the right talent.