Our Recent Immigration Success Stories

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.

Success at the Refugee Protection Division

When our client approached us to assist with his refugee claim, we knew we were in for a challenge. Our client had very limited personal evidence, so we had to rely on documentation regarding the country conditions and our client’s testimony to demonstrate he was a Convention Refugee and in need of Canada’s protection. Our team undertook extensive research into the country’s current and past conditions as well as reviewed recent case law to put the best arguments forward in our client’s favour. We submitted the client’s evidence and country condition research as disclosure to support his case. After many hearing preparation sessions, we were satisfied our client was prepared and ready for his hearing.  

On the date of the hearing the Member (Decision Maker) asked our client a few questions and within a very short period accepted our client’s claim and deemed him to be a Convention Refugee based on the disclosure provided and his credible testimony.  

We are thrilled that our hard work paid off and we were able to achieve a life changing result for our client. We wish him all the best as he continues living in Canada safely and free from persecution.  

This Week’s Success Story: Challenging Medical Inadmissibility

A family received a procedural fairness letter informing that their application would be refused for medical inadmissibility. We were hired and worked with the family through the final months of last year and into the current year to develop a Mitigation Plan to demonstrate that the individual’s acceptance under consideration for excessive demand in Canada would not create a demand that is excessive in Canada.

The Mitigation Plan focused on the applicant’s individualized circumstances, considering both the medical and non-medical factors. We submitted, with credible evidence as well as statistical analysis and research, that the progression of the applicant’s condition was not absolute, also highlighting the individual’s stability. We included a Plan for Care in Canada involving the consideration of both dialysis and a transplant, demonstrating that the applicant’s care would be under the threshold in the relevant 5-year period. Overall, we advocated that the applicant’s medical profile should be amended from “M5” to “M3”.

The response to the procedural fairness letter and Mitigation Plan was finalized and submitted to the IRCC for consideration earlier in the Spring of 2022, and in record time, the IRCC agreed, and the applicant’s medical profile was amended to “M3”, which made the individual medically admissible.

This Week’s Success Story: Bringing Tech Talents from the United States through the Global Talent Stream

A boutique company in CRM services and solutions contacted us to inquire about options of bringing in a tech talent from the United States to work at their office in Canada. With less than 5 years of operations since its establishment, the company has grown substantially and become an industry leader in providing cutting edge solutions in CRM needs. The foreign worker was on a H-1B visa in the US. Through an initial consultation, our business immigration lawyer discussed with the Canadian employer about the urgency of filling the position, relevant program requirements, as well as employer compliance under the Global Talent Stream (“GTS”). Upon retained, we worked closely with the employer in preparing the GTS application for the position of Information Systems Analyst, which was submitted on behalf of the company. An interview with the officer from Service Canada was scheduled shortly after the application was submitted. The GTS application was approved within one week. We are very glad about the timely approval, which expedites the process of bringing the foreign skilled worker to Canada.