At Bellissimo Immigration Law Group PC, we are privileged to work on behalf of many wonderful people, companies and associations. We represent immigration applicants from far outside Canada, from the time they step foot into the country’s airport waiting rooms all the way to the Supreme Court of Canada.
Our immigration clients often tell us after their case is concluded that it would have helped to know of similar stories that are real and not just what you hear on the street. So every month, we post a few stories to celebrate our immigration success stories and offer some comfort to those who will soon embark on a similar journey…
An applicant for a permanent resident card contacted our office after being refused for not meeting the basic requirements of physical presence in Canada for at least 730 days, within a five year period. Upon careful assessment we determined that the applicant met the eligibility by one day. It appeared that the applicant calculated her physical presence in Canada incorrectly. We made submissions to CIC based on our new calculations and the application was approved!
A mother applied to sponsor her son to Canada, while the son was in Canada as a failed refugee. In order to complete processing on the overseas sponsorship application, the son had to leave Canada. As a failed refugee, he left Canada with a Deportation Order and so required Authorisation to Return to Canada (ARC). The Visa Office refused ARC, finding that he had taken advantage of Canadian tax payers by making a ‘spurious’ refugee claim and later a Pre-Removal Risk Assessment application, and so refused his application for permanent residence.
The mother appealed this decision to the Immigration Appeal Division (IAD). During the hearing, submissions were specifically requested to address the jurisdiction of the IAD to consider ARC refusal. The Board Member determined that the IAD not only has jurisdiction to consider ARC refusal, but to consider humanitarian and compassionate considerations to override ARC refusal. In considering the family’s circumstances, the Board Member allowed the appeal.
A young man contacted our office after having been refused a study permit application. He had previously been in Canada for 2 years working towards a Bachelor’s degree, however due to various reasons; he was unable to complete his degree. During his time in Canada, his study permit expired and he was unable to renew his work permit from inside Canada. He left Canada and made an application for a study permit to return to Canada to complete his studies. Given his previous overstay, the officer refused the application, concluding they were not satisfied that he would leave Canada if permitted to re-enter.
We assisted the young man to re-submit a new study permit application, making submissions explaining the circumstances of his overstay and his commitment to the completion of his studies in Canada. The young man had only completed half of the required credits for his Canadian bachelor’s degree, so it was crucial for him to be able to return to complete the remainder of his studies. Our submissions were accepted and his application was approved.
We were recently successful in assisting our client’s family in receiving permanent residence, following an initial medical inadmissibility finding for a medical condition of Cerebral Palsy for a dependent. Had the dependent been found to be medically inadmissible the entire family would be inadmissible.
The dependent was initially determined to require social services that were expected to result in an excessive demand and they were refused. We challenged the refusal to the Federal Court of Canada and negotiated a settlement to have the refusal set aside and the matter sent back for reconsideration. We then assisted in advocating for the family on the appropriate medical classification of the condition and provided accurate prognostic findings. In doing so we were able to accurately advance what medical and social services would be required in the intended province in Canada, which was under the threshold. Following extensive research and a comprehensive mitigation Plan, presented together with specialized legal submissions, the medical admissibility finding was overturned without having to resort to further litigation, and the family recently arrived in Canada.