Do I Qualify?
“Do I Qualify” is what our clients want to know. We seek to ensure that our clients understand the process and are partners in the decision making. So what are some of the basics?
Everyone seeking to come to Canada is presumed to be an immigrant. Only those persons who have a right to come to Canada (citizens, permanent residents) or whose admission would not be contrary to the Immigration and Refugee Protection Act (IRPA) or regulations may be admitted to Canada. The burden of proof rests upon the person seeking entry.
Visas are the passes that are necessary to apply for in order to enter Canada on a temporary (non-immigrant visas) or permanent (immigrant visas) basis. Depending upon the type of visa, a person may be allowed to work, attend school, obtain specialised training, vacation, receive medical treatment, or remain indefinitely. Visas may be issued for a single entry or for multiple entries. Certain visas allow a person to change or “adjust status” while in Canada. For example, a person may enter the country on a work visa and change to a student visa in order to attend school.
Obtaining A Visa
Every immigrant (person coming for permanent residence) and temporary resident (visitor, student, worker) must apply for and have a visa before appearing at a Canadian port of entry, unless otherwise prescribed; for instance, if they are from a visa exempt country. For those individuals who wish to immigrate to Canada permanently, the immigrant must qualify as an applicant under selection categories as determined by the Canadian government. Depending on the category, prospective immigrants must also meet medical and financial qualifications.
There are over sixty immigrant categories!
Permanent residency and temporary residency visa categories have different requirements.
Many provinces have specific categories and specific admission requirements.
There are several categories under which a potential immigrant/visitor may qualify for entry including:
- Canadian Experience Class
- Provincial Nominees
- Skilled Worker
- Business Immigrants
- Family Class
- Humanitarian and Compassionate Grounds Applications
How Can We Help?
Canada is commonly recognized as one of the most desirable countries to live in throughout the world. Thus, the flow of immigrants to Canada is especially strong. The Government of Canada responds to this flow with the creation of policy objectives. These objectives include demographic goals in Canadian population, efforts to enrich the cultural and ethnic fabric of Canada with a view to its bilingual nature, family reunification and the need to uphold international legal obligations with respect to refugees, to list but a few. Currently, the heavy emphasis has been placed on economic migration.
These objectives are further defined through the development of immigration regulations. Some of the important regulations read as follows:
- The purpose of the Immigration Act is to permit immigration, not prevent its flow
- The policy directives must be interpreted in positive terms
- Applicants have the right to frame their application in a way that maximizes their chances for entry
- The administration of immigration must be consistent with its objectives
- Immigration officers must provide a thorough and fair assessment of applicants and provide adequate reasons for refusals when they occur
The interplay of the Act’s policy objectives and immigration regulations is a very important dynamic that must always be considered when framing applications or challenging Immigration Canada in court. At BELLISSIMO LAW GROUP PC we look first to these key factors and then prepare and construct your case or application in the most favourable light according to law. The key to success is knowledge, preparation, and caring about the outcome!
Do I Need a Lawyer?
One of the most preliminary issues that must be canvassed when you have an immigration issue is – do you need a lawyer? This simple, but often forgotten, first step is critical. “Can we help” is what we first ask at BELLISSIMO LAW GROUP PC. Not all issues require the assistance of a lawyer because some people may not qualify for an immigration category at any given time. Yet, you cannot have peace of mind without fully canvassing the issues. Do not fall into the trap of relying on what you may hear in the media or what a friend who “has been through it” tells you to do. It may be nothing, or it could be something very serious with time limitations.
Legal Fees/Need for Representation
At BELLISSIMO LAW GROUP PC, we take great care to honour the legal principle of access to justice. Our fees reflect the superb quality of work we offer and fit into the budgets of the diverse array of clients we serve. We offer flexibility in terms of payment plans, discounts on lump sum payments, acceptance of legal aid certificates and we discount the consultation fee from your legal fees, should you retain our services. There is great mythology surrounding legal fees and that consultants charge lower fees, or that larger firms charge higher fees than smaller firms but the reality is that fees are reflective of the complexity of your matter. Our goal is for all those who are in need of legal assistance in their immigration, refugee or citizenship matters to be able to afford this assistance. Please call us today if you would like to schedule an appointment.
Do you need a lawyer?
When considering your need to hire a lawyer:
- Do lawyers work to avoid improperly or incomplete filings not assist in faster processing or processing, period?
- Does counsel work to effectively and comprehensively present certain legal and factual arguments place an applicant in a better position to succeed on his/her application?
- What about cases involving considerable discretion on the part of officers in particular?
Legal and factual arguments are key in assisting an officer in deciding a case.
- What about litigation matters?
Studies have established that a lawyer’s involvement in Federal Court applications contributes to better outcomes. The role of a lawyer in appeals, complex cases, Federal Court is critical in most cases.
If we cannot help, here is someone who can . . .
Lawyers are trained to deal with problems that affect your entire life. You do not want to put your life in the hands of someone you are not 100% confident in his or her abilities. BELLISSIMO LAW GROUP PC will be pleased to ensure you obtain the help you deserve. Sometimes we meet with clients and find that the legal issue is really a taxation or family law matter, for example. If we cannot help you, we will assist with putting you in touch with competent counsel who practices in that area of law.