Because immigration programs can open, close, or change with limited notice, temporary residents should not wait until a program is announced before preparing. A successful transition from temporary status to permanent residence often depends on early planning, strong documentation, Canadian work or study experience, language ability, and careful monitoring of available immigration pathways.

The Importance of Preparing in Advance

One of the most important recommendations for temporary residents is to prepare their documents before an opportunity becomes available. Many permanent residence programs require applicants to provide language test results, educational documents, proof of work experience, identity documents, police certificates, and other supporting evidence. Some documents may take weeks or months to obtain. For example, language tests must be booked in advance, educational credential assessments may take time, and employment reference letters must usually contain specific details about duties, hours, wages, and job title.

Applicants should therefore keep their immigration documents organized and updated. This may include valid passports, transcripts, diplomas, educational credential assessments, language test results, employment records, pay stubs, tax documents, and proof of current legal status in Canada. Language test results are particularly important. Many permanent residence programs require proof of English or French language ability through an approved test. A higher language score can also improve an applicant’s competitiveness, especially under programs that use ranking systems or points-based selection. For this reason, temporary residents should consider improving their language test results before they urgently need them.

Monitoring IRCC Announcements and New Pathways

Temporary residents should actively monitor Immigration, Refugees and Citizenship Canada, commonly known as IRCC, for new public policies, pilot programs, and permanent residence pathways. At different times, IRCC may announce specific pathways for people already inside Canada. These programs may target international graduates, essential workers, skilled workers, French-speaking applicants, applicants in specific regions, or individuals with work experience in occupations where Canada has labour shortages.

Most special pathways are not designed for applicants who have remained inactive in Canada. They usually reward applicants who have studied, worked, gained Canadian experience, improved their language ability, and maintained valid temporary status. Therefore, temporary residents should actively engage in the Canadian academic system, labour market, or both. Canadian education, Canadian work experience, and strong language ability can significantly improve the chance of qualifying for future permanent residence opportunities.

Applicants are also strongly recommended to obtain accurate and up-to-date immigration information from reliable sources, such as  the official website of Immigration, Refugees and Citizenship Canada (IRCC) and other official government resources. Since Canada is a high-demand immigration destination, applicants may encounter inaccurate advertising, misleading information, or unrealistic promises. Relying on trusted sources is important to avoid mistakes, confusion, unnecessary delays, and the risk of becoming a victim of immigration fraud.

Building a Strong Canadian Profile

Temporary residents should build a profile that supports future permanent residence options. This may include gaining Canadian work experience, completing Canadian education, improving language test results, keeping valid temporary status, and maintaining complete employment and education records. They should also consider regional and community-based immigration programs, not only broad federal programs. Since they are already in Canada, they may be able to access pathways that are more targeted to applicants with Canadian study, Canadian work experience, a Canadian job offer, or a connection to a specific community.

Practical Recommendations for Temporary Residents

Temporary residents who want to become permanent residents should take a proactive approach. They should maintain valid temporary status, avoid gaps in authorization to study or work, and keep detailed records of their activities in Canada. They should also identify which immigration programs may fit their education, work experience, language ability, and long-term settlement plans. Applicants should not rely on one possible pathway only. A person may be eligible for Express Entry, a Provincial Nominee Program, the Atlantic Immigration Program, a rural or Francophone community pilot, or a future public policy announced by IRCC. The best strategy is to build a flexible profile that can fit more than one option. In practical terms, this means improving language scores, gaining skilled work experience, completing useful Canadian education where possible, maintaining good employment records, and monitoring IRCC announcements regularly. It also means being open to regional opportunities, including communities outside major urban centres.

Conclusion

Moving from temporary status to permanent resident status in Canada requires preparation, timing, and strategic planning. Temporary residents should act before an opportunity appears. They should prepare their documents, improve their language results, gain Canadian work or study experience, and carefully monitor new immigration programs announced by IRCC.

Past and current pathways show that Canada often prioritizes applicants who are already contributing to the Canadian economy, studying in Canada, working in needed occupations, or willing to settle in communities with labour shortages. Therefore, temporary residents who actively build their profile and remain ready to apply are generally in the best position to benefit from future permanent residence opportunities.

Since Canada has numerous immigration programs, it can be difficult for candidates to identify, compare, and navigate all available options on their own. For this reason, obtaining legal advice from a Canadian immigration lawyer is highly recommended. Professional legal advice can help applicants develop a well-designed plan and strategy, avoid unnecessary mistakes, and improve their chance of applying through the most suitable pathway to permanent residence.

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What is judicial review?

 In Canada’s immigration system, decisions about visas, refugee claims, removals, and permanent residence are made by a web of administrative bodies — the Immigration and Refugee Board (IRB) and its various divisions, and immigration officers within IRCC, to name a few. These decision-makers have significant power, but sometimes the decisions received do not get it right, and that is where the review mechanism offered by the Federal Court of Canada is particularly important.

Judicial review is a process by which the Federal Court of Canada examines whether an administrative decision was made lawfully and reasonably. It is not an opportunity to relitigate the facts of your case or introduce new evidence. Rather, the Court asks a focused question: did the decision-maker act within their legal authority, follow proper procedures, and reach a conclusion that is rational and justified? The remedy being sought in many cases is seeking the negative decision to be set aside, and for the matter to be re-opened and re-determined by a different decision-maker.

Key distinction: Judicial review is not an appeal. The Federal Court does not simply substitute its own judgment for that of the tribunal. It reviews the process and reasonableness of the original decision — a critically important distinction that shapes what arguments succeed.

Which immigration decisions can be judicially reviewed?

 Under section 72 of the Immigration and Refugee Protection Act (IRPA), a person may apply for leave and judicial review of almost any decision made under the Act. Common examples include:

• Refused appeals at the Refugee Appeal Division (RAD)
• Refused appeals at the Immigration Appeal Division (IAD)
• Denied Pre-Removal Risk Assessment (PRRA) applications
• Refused permanent residence applications, including humanitarian and compassionate (H&C) grounds
• Refused spousal sponsorships and family class applications in some circumstances
• Removal orders and inadmissibility findings
• Refused temporary residence visas (TRV) and study/work permits

 The leave requirement: your first hurdle

 Before your case can be heard, you must obtain leave — essentially, permission — from the Federal Court. This is a paper-based screening process where a judge reviews your written materials and determines whether there is an arguable case. There is no oral hearing at this stage.

The leave threshold is relatively low: you need to show there is at least one serious question of general importance or a reviewable error. However, many applications fail at this stage because they are framed as disagreements with findings of fact, rather than genuine legal or procedural errors. Statistics suggest that only a fraction of leave applications are granted each year — making the quality of legal arguments in your materials decisive.

 Time is critical. In many immigration cases, you have only 15 days from the date of a decision to file an application for leave and judicial review (60 days for matters arising outside of Canada, and 30 days for citizenship matters). Missing this deadline can be fatal to your application. Contact an immigration lawyer immediately upon receiving an adverse decision in order to determine the applicable deadline.

Grounds for judicial review: what arguments succeed?

 The Federal Court evaluates immigration decisions under standards established by the Supreme Court of Canada, for example in the case of Canada (Minister of Citizenship and Immigration) v. Vavilov (2019). Most immigration decisions are reviewed on a standard of reasonableness. Some jurisdictional and procedural issues attract the stricter correctness standard.

Under these frameworks, successful judicial review applications typically fall into one or more of these categories:

• Unreasonable decision: The decision lacks a rational basis, ignores key evidence, or contains internal contradictions that undermine its logic.
• Breach of procedural fairness: You were not given adequate notice, a real opportunity to present your case, or reasons for the decision.
• Legal error: The decision-maker misinterpreted or misapplied the relevant law, including the IRPA, its Regulations, or binding case law.

 The judicial review process: step by step

Understanding the typical timeline helps set realistic expectations. You can see a full overview of the Federal Court process at the following link: Federal Court | Bellissimo Law Group:

1. File the Application for Leave and for Judicial Review, or Notice of Application.
2. Wait for the decision maker’s detailed reasons for refusal. If the detailed reasons for refusal were received with the refusal letter or decision, skip this step.
3. Upon receipt of the detailed reasons for refusal, begin preparing the Application Record, which will contain the affidavit(s), legal arguments, and evidence to be relied upon.
4. The Respondent (representing the decision-maker), then has the opportunity to file their affidavit(s), if any, and Memorandum of Argument.
5. Await the Court’s decision on leave (i.e., whether a judicial review hearing will be granted). If granted, proceed to hearing. If not, the matter concludes at this step.
6. Once the judicial review hearing concludes, await the Judge’s decision (sometimes issued at the conclusion of the hearing, but most of the time the decision is “reserved” to be issued later in writing.

What happens if you win?

A successful judicial review does not automatically result in a positive immigration outcome. In the vast majority of cases, the Federal Court will simply set aside the original decision and send the matter back for re-determination by a different officer or panel. The new decision-maker must reach their own conclusion — and they may still deny your matter, though they should consider the errors identified by the court.

In rare cases, the court may also certify a question of general importance to the Federal Court of Appeal — a process that contributes to the development of immigration law nationally.

Can you stay in Canada during the process?

 Filing an application for leave and judicial review does not automatically stay (pause) your removal from Canada. If you are facing removal, you must separately apply for a stay of removal, either before the Federal Court or through CBSA deferral. A stay is an urgent, time-sensitive motion and requires demonstrating a serious issue, irreparable harm, and that the balance of convenience favours you.

Practical note: Judicial review proceedings can take anywhere from several months to over a year, depending on court workload and the complexity of the case. During this time, maintaining valid immigration status — or securing a deferral/stay of removal, if needed — is essential. An experienced immigration lawyer can advise on all parallel steps that should be taken.

Do you need a lawyer?

 While it is technically possible to self-represent in Federal Court, judicial review is a sophisticated legal proceeding. Success depends on correctly identifying legal errors, applying the appropriate standard of review, and crafting compelling written arguments grounded in case law. The Minister will be represented by experienced Department of Justice counsel.

Given the stakes — often, the ability to remain in Canada — retaining an immigration lawyer with Federal Court experience is strongly advisable. Consultants and non-lawyer representatives are not permitted to appear in Federal Court; only lawyers called to a Canadian bar may represent you.

 Received an adverse immigration decision?

Time limits are strict and the consequences of inaction are severe. Our immigration lawyers have extensive experience at the Federal Court and can assess whether your case has grounds for judicial review. Feel free to schedule a consultation with our office.

The post Judicial Review in Immigration Cases: When and How It Works first appeared on Bellissimo Law Group.

A separate temporary policy confirms continued access to open work permits for certain asylum claimants whose applications are deemed ineligible for referral, subject to eligibility requirements and applicable fees.

These measures form part of IRCC’s continued adjustments to Canada’s immigration and asylum framework, balancing system integrity, access to work authorization, and protections for vulnerable individuals.

Read full announcement here: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/unaccompanied-minors-asylum.html 

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Let’s display some inaccurate information that is circulating. Using temporary foreign workers is legal if the employer goes through a Labour Market Impact Assessment process and proves recruitment efforts. The issue is whether the program is being used as a last resort, not as a routine staffing model.

Tim Hortons says it has about 110,000 team members, with roughly 4,000 hired through the Temporary Foreign Worker Program about 3.6% of restaurant roles. It has announced it is launching a campaign to hire 10,000 local team members.  Tim Hortons also maintains about 45% of team members are aged 15–24, and lobbying for expanded TFW access is “no longer necessary” given high youth unemployment.

As of April 1, 2026, low-wage LMIA applicants must advertise for at least 8 consecutive weeks in the three months before applying and must target youth in recruitment. The federal rules also say low-wage LMIAs generally will not be processed in census metropolitan areas with unemployment of 6% or higher.  Further, for low-wage positions, there is generally a 10% cap on the proportion of temporary foreign workers at a specific work location, with certain sector exceptions. The policy purpose is expressly to ensure Canadians and permanent residents are considered first.

Ultimately the TFW is supposed to be a pressure valve, not a permanent staffing strategy. The legal question is compliance. The public-policy question is whether Canadians, especially young workers, are getting the first real shot at these jobs.

Tim Hortons appears to be trying to get ahead of the criticism by saying: we used the program during labour shortages, but we’re now pivoting back toward local hiring.  A 3.6% TFW share may sound modest, but in a brand as visible as Tim Hortons, even modest reliance becomes politically symbolic. The LMIA process is not just paperwork. It is supposed to test whether there is a genuine labour shortage.

All employers must show genuine recruitment efforts and comply with caps, wage rules and workplace protections. The broader concern is whether low-wage employers are leaning too much on temporary labour instead of improving recruitment, wages, scheduling and retention.

So should Canadians be prioritized?

That is already the foundational structure of the program. The LMIA process is designed to make employers prove they tried to hire Canadians and permanent residents first. The current debate is whether those safeguards are strong enough and consistently enforced.

The real test is whether local hiring actually materializes, either franchisees comply with the tighter LMIA rules, and whether temporary foreign workers who are already here are treated fairly and lawfully.

The policy changes are no longer theoretical. We are already seeing the impact: new student arrivals are down about 60% year over year, new worker arrivals are down nearly half, and early 2026 numbers are down roughly three-quarters compared with early 2024.

It is important though to separate two things: the stock and the flow. The number of temporary residents already in Canada does not fall overnight, but the flow of new study and work permit holders has dropped very sharply.

What we will see over time, perhaps outside the media spotlight, is whether Canadians do come forward to fill these jobs, and whether the measures now being taken to reduce reliance on temporary foreign workers and international students prove to be a necessary correction or an overcorrection that creates future labour shortages. My sense is that we will land somewhere in the middle. The system clearly needed tightening, but Canada still needs a realistic labour strategy. One that prioritizes Canadian workers while recognizing that immigration will continue to play an important role in filling genuine gaps.

Read the full article here: Why Tim Hortons is shifting focus back to ‘local’ hiring, according to an immigration lawyer – NOW Toronto

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What Is Express Entry (EE)?

IRCC manages Express Entry as an online system for certain economic immigration programs. Candidates are ranked using the Comprehensive Ranking System (CRS), which considers factors such as age, education, language ability, and skilled work experience. Eligible candidates with the highest scores may receive invitations to apply for permanent residence.

What Are Provincial Nominee Programs (PNPs)?

Provincial Nominee Programs allow Canadian provinces and territories to nominate individuals who meet specific regional labour market and economic needs. Each province operates its own streams with unique criteria, and some are aligned with Express Entry while others operate independently through paper-based or non-Express Entry processes.

The Main Differences

One of the biggest differences between EE and PNPs is how candidates are selected. EE primarily assesses applicants based on their overall competitiveness under the CRS system. In contrast, PNPs focus more heavily on provincial labour shortages and regional economic priorities.

As a result, applicants with lower CRS scores who may not receive an invitation through EE alone can sometimes qualify through a provincial nomination stream. In many cases, obtaining a provincial nomination through an EE stream adds 600 CRS points, virtually guaranteeing an invitation for permanent residence.

Processing structure is another important distinction. EE applications are generally processed faster because they are managed electronically through the federal system. Some non-EE PNP streams, however, can involve longer processing times due to both provincial and federal assessment stages.

There are also differences in flexibility and mobility considerations. EE applicants are not tied to a specific province, whereas PNP applicants are expected to genuinely intend to reside in the nominating province. While permanent residents ultimately enjoy mobility rights under the Canadian Charter, provincial intent remains an important consideration during the application process.

Which Pathway Is Better?

There is no universal answer to whether Express Entry or a Provincial Nominee Program is “better.” The appropriate pathway depends entirely on the applicant’s profile and circumstances. For candidates with high CRS scores and strong human capital factors, EE may offer a more direct route to permanent residence. On the other hand, individuals with lower CRS scores, occupation-specific experience, or ties to a particular province may benefit from exploring PNP options.

In practice, many applicants pursue both strategies simultaneously by maintaining an active EE profile while monitoring provincial nomination opportunities.

Express Entry and Provincial Nominee Programs each offer valuable pathways to Canadian permanent residence, but they serve different purposes and applicant profiles. Understanding how these programs differ can help applicants identify the strategy best suited to their qualifications and long-term goals.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, book a consultation with Bellissimo Law Group or a qualified immigration lawyer in Canada.

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The Stakes Are High 

Immigration decisions affect nearly every aspect of a person’s life: their ability to live and work in Canada, their family unity, their safety, and their future. A denied application, a missed deadline, or an improperly filed document can result in years of delay, removal from Canada, or a finding of inadmissibility that is difficult to overcome.

Canada’s immigration system is governed primarily by the Immigration and Refugee Protection Act (IRPA) and administered by Immigration, Refugees and Citizenship Canada (IRCC), the Canada Border Services Agency (CBSA), and the Immigration and Refugee Board of Canada (IRB). Navigating these overlapping bodies — each with distinct roles, procedures, and timelines — is no small task.

Understanding when a case crosses the threshold from “manageable” to “legally complex” can make all the difference.

Situations That Typically Require Legal Representation

1. Removal Orders and Admissibility Hearings

 If you or a family member has been issued a removal order or is facing an admissibility hearing before the Immigration Division (ID) of the IRB, you may be in one of the most serious immigration situations. Removal orders can take the form of departure orders, exclusion orders, or deportation orders — each with different consequences and possible appeal rights. Proceedings before the ID are adversarial, with CBSA counsel presenting the government’s case. Retaining an immigration lawyer significantly improves your ability to respond effectively and, where available, pursue an appeal before the Immigration Appeal Division (IAD).

2. Inadmissibility on Criminal or Security Grounds

Under IRPA, a person can be found inadmissible to Canada for a wide range of reasons, including criminality, serious criminality, organized criminality, or security concerns. Even a single criminal conviction — inside or outside Canada — can render a foreign national or permanent resident inadmissible. In some cases, a Temporary Resident Permit (TRP) or Criminal Rehabilitation application may provide a pathway forward, but these require understanding the eligibility criteria and carefully constructed submissions. An experienced immigration lawyer can assess your admissibility, identify available remedies, and advocate on your behalf.

3. Refugee Protection Claims

Canada’s refugee protection system, administered by the Refugee Protection Division (RPD) and the Refugee Appeal Division (RAD) of the IRB, offers protection to those who meet the definition of a Convention refugee or a person in need of protection under the IRPA. Refugee hearings require claimants to present credible, detailed evidence of persecution or risk, respond to questions from decision-makers, and often rebut concerns about country conditions or credibility. The consequences of a failed claim — including a potential bar on applying for permanent residence from within Canada — make legal representation critically important at every stage.

4. Humanitarian and Compassionate Applications (H&C)

An application for permanent residence on Humanitarian and Compassionate grounds under section 25 of IRPA allows individuals who do not meet the standard criteria to request an exemption based on compelling personal circumstances. Decision-makers consider factors such as establishment in Canada, best interests of any children involved, and hardship if the applicant were required to leave. These applications are highly discretionary and fact-intensive, and a well-crafted submission supported by strong documentation can be decisive. Legal counsel can help present the strongest possible case.

5. Spousal and Family Sponsorship Complications

While many spousal sponsorship applications proceed without difficulty, complications can arise when there is a prior sponsorship history, questions about the genuineness of the relationship, or inadmissibility issues affecting the sponsored person. Applications may also be refused where the sponsor does not meet financial requirements, has been convicted or certain offences, or has a previous sponsorship undertaking still in effect. If a sponsorship is refused, the sponsor may have a right of appeal to the IAD — a proceeding that benefits greatly from legal representation.

6. Express Entry and Provincial Nominee Programs (PNPs)

Canada’s Express Entry system manages applications for the Federal Skilled Worker Program, the Federal Skilled Trades Program, and the Canadian Experience Class. While the system is designed to be user-friendly, errors in a profile — such as misrepresenting language scores, work experience, or educational credentials — can result in refusal and, in serious cases, findings of misrepresentation that carry a five-year bar on applying to Canada. Legal guidance is particularly valuable for applicants with complex employment histories, credential recognition issues, or prior immigration refusals.

7. Misrepresentation Findings

A finding of misrepresentation under section 40 of the IRPA is among the most serious consequences in Canadian immigration. It can result in a five-year bar on applying to Canada and, for permanent residents, a removal order. Misrepresentation findings can arise from inadvertent omissions, errors made by third parties, or misunderstandings about disclosure requirements. If you are facing or have received a procedural fairness letter raising misrepresentation concerns, it is essential to seek legal advice immediately. The response to such a letter can determine the outcome of your application.

8. Judicial Review at the Federal Court

When an immigration decision has been made — whether by IRCC, the IRB, or CBSA — and there are no remaining appeal rights, it may be possible to seek judicial review at the Federal Court of Canada. Judicial review is a strictly legal process focused on whether the decision-maker committed a reviewable error. It requires leave from the Court and is subject to very short deadlines (generally 15 days for decisions made inside Canada, 60 days for decisions made outside). This is not a process that should be attempted without qualified legal counsel.

9. Citizenship Applications with Complications

Most Canadian citizenship applications proceed smoothly, but complications can arise for applicants with gaps in physical presence, concerns about intent to reside, or a criminal record. A citizenship refusal can set back an applicant’s plans significantly. Legal counsel can help identify and address potential issues before filing.

The Risk of Unauthorized Immigration Representatives

In Canada, only authorized representatives are permitted to provide immigration advice for a fee. Authorized representatives include:

• Lawyers licensed by a provincial or territorial law society
• Paralegals, in Ontario only, licensed by the Law Society of Ontario, for certain matters
• Regulated Canadian Immigration Consultants (RCICs) registered with the College of Immigration and Citizenship Consultants (CICC)
• Notaries in the province of Quebec

Anyone else who provides immigration advice or representation for compensation is acting unlawfully. “Ghost consultants” — unauthorized individuals who prepare applications behind the scenes — are unfortunately common and have caused serious harm to vulnerable applicants. If you are working with an immigration representative, verify their credentials through the CICC’s public registry or your provincial law society before sharing any personal information or paying any fees. If another person is representing you or assisting you with your immigration matter, their representation must be disclosed.

Conclusion

Canadian immigration law is a complex, technical area of practice with real and lasting consequences for the people it affects. Not every application requires a lawyer or consultant, but complex cases involving inadmissibility, removal, refugee claims, misrepresentation, or litigation almost always do. The financial investment in professional representation is frequently far outweighed by the cost of an avoidable error.

If you are uncertain whether your situation warrants professional advice, the wisest step is to consult with a qualified immigration lawyer or RCIC. Many offer initial consultations, and understanding your legal position early — before problems arise — can make all the difference.

This blog post is intended for general informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. Please consult with our office for advice tailored to your individual circumstances.

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This prestigious honour recognizes his exceptional leadership, integrity, and longstanding contributions to immigration and refugee law in Canada. The award is given to individuals who have demonstrated outstanding service to the profession and made meaningful contributions to advancing the field.

Throughout his career, Mr. Bellissimo has been recognized for his commitment to legal excellence, advocacy, and leadership within the Canadian immigration law community. His work continues to reflect a deep dedication to supporting clients, strengthening the profession, and advancing fairness and access to justice.

We are honoured to celebrate this well-deserved recognition of an outstanding career marked by impact, leadership, and service!

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