The post This Week’s Success Story: Couple Reunites in Canada After Subsequent Refusals/Removal Order first appeared on Bellissimo Law Group.

Years later he tried to enter Canada to visit his relatives, and only at that time he learned from CBSA officials that there was a pending immigration warrant for him and an unexecuted deportation order remained outstanding against him.

We worked diligently to complete and submit his application for Authorization to Return to Canada (ARC), in order to facilitate his travels to visit relatives in Canada. Despite some difficulties in obtaining documents confirming his departure, our submissions were accepted. His application was approved within six months.

The post This Week’s Success Story: Client Granted Authorization to Return to Canada to Visit Relatives first appeared on Bellissimo Law Group.

Whether an ARC is necessary depends on the type of removal order that was issued. Removal orders and the need for an ARC are explained in this post here!

When an Immigration Officer assesses an ARC application, they will consider the applicant’s previous history with Citizenship and Immigration Canada (CIC) as well as their current situation, including the reason why they now wish to enter Canada.

When considering previous history with CIC, some factors that are considered include:

• the reasons for the removal order;
• the applicant’s history of cooperation with CIC such as previous immigration warrants, failure to appear for any hearing or removal, payment of removal costs, etc;
• the possibility that the behaviour that caused the order to be issued will be repeated; and
• the length of time since the order was issued.

In assessing the reasons for the applicant’s request to return to Canada, the Officer will consider whether:

• compelling or exceptional circumstances exist to warrant re-entry (e.g., family ties, job qualifications, economic contribution, or temporary attendance at an event);
• alternative options are available that would not require the applicant to return to Canada;
• there are children directly implicated in the application whose best interests should be considered;
• tangible or intangible benefits may accrue to Canada or the person concerned;
• the applicant can support himself or herself financially;

An ARC can be granted for return to Canada as a permanent resident, for a one-time visit, or for occasional entries for a specified purpose (e.g., medical treatments, work-related activities, or funeral of a family member) over a prescribed period. However, no one factor alone will automatically override concerns related to the safety of Canadians and the security of Canadian society.

Repayment of Removal Costs

Anyone who was removed from Canada at public expense, not just those who were deported, must reimburse the removal expenses before returning to Canada. If a person was removed to the U.S. or St.-Pierre-et-Miquelon, the person must repay costs incurred for removal in the amount of CAN$750. For any other destination, the amount to be repaid is CAN$1,500.

What is the difference between Authorization to Return to Canada and a Temporary Resident Permit?

An ARC is issued to overcome a removal order. However, if someone is found to be inadmissible to Canada on grounds other than those cited in the removal order (i.e., medical, criminality, security), they must apply for and obtain a temporary resident permit (TRP). In cases of criminal inadmissibility, a rehabilitation decision (where the applicant is deemed to have been rehabilitated) or a pardon (a foreign pardon or one issued by the National Parole Board) will also be necessary. A TRP does not overcome the need for an ARC.

For more information on removal orders, please click here.

(Sources)

The post Can I Return to Canada if Previously Removed? first appeared on Bellissimo Law Group.

Large Company Successfully Granted LMIA’s

A large company approached us for assistance transferring short-term specialized trade workers into Canada.  Using Employment Service Development Canada (“ESDC”) exemptions to advertising for specialized workers as well as their 10 day service processing for high-demand skilled trades, we were able to obtain Labour Market Impact Assessments for these workers in less than one week.

We are now preparing the work permits for these workers and expect the same positive result.

Families Granted Refuge in Canada

Over the last few weeks, three more families were granted refuge in Canada after their claims for protection were allowed. All three claims were based on religious persecution suffered in the claimants’ countries of origin. In advance of the hearings, we helped these claimants prepare for oral testimony and ensured that they had sufficient documentation to substantiate their religious affiliations. As sectarian violence continues to escalate across much of the Middle East, these families are very grateful to be able to remain safely in Canada.

Deported Refugee receives ARC and PR Visa

A young woman who had made a refugee claim in Canada, to be refused and deported from Canada afterwards, entered into a relationship with a Canadian man while still in the country. The couple retained our office to assist with an overseas spousal sponsorship and, if that was approved, an application for Authorisation to Return to Canada (ARC). On making a refugee claim in Canada, claimants are given a departure order; many claimants do not leave Canada within 30 days of their claim being refused and so the departure order becomes a deportation order and the individual requires ARC (special permission) to return to Canada in the future.

Our submissions explained why our client had overstayed in Canada, emphasizing her compliance with immigration authorities and her willingness to cooperate even by purchasing her own ticket to leave Canada. Her applications were accepted, and she was granted both ARC and the permanent resident visa. She will soon re-enter Canada to be reunited with her husband.

Successful Work Permit, Study Permit, and Visitor Visas for Family of 5

A family of five, two adults and three children, approached our office wanting to stay in Canada by way of applying for a study permit for one of the adults.  The situation was difficult because they had no status in Canada when they contacted our office and they already spent an extended period of time in the country.  Prior to coming to Canada, they were issued multiple entry visas valid for two years. However, when they entered Canada, they were granted visitor status for six month only. They mistakenly thought that their entry visas entitled them to stay in Canada for two years, which was not the case.  They wished to stay in Canada during the processing of the study permit instead of going back to their home country and applying from there.  We managed to restore their status in Canada as visitors. Then, we applied for a study permit for one of the parents. The permit was granted without an interview, which would have been outside of Canada.  Subsequently, the other parent was issued a work permit and the children’s status as visitors was extended, giving them the right to study in Canada.  The family now has status, enjoying the studies and work in Canada.

Permanent Residency Granted to Medically Inadmissible Parents

We were recently successful in assisting our client in receiving permanent residence for their parents, following an initial medical inadmissibility finding for a medical condition of Hepatitis B. The individual was determined to require medical treatment that was expected to result in an excessive demand.  We assisted in sourcing out the appropriate medical specialists and prognostic findings, and in accurately determining what medical care would be required in their intended province. Following extensive research and a comprehensive mitigation Plan, presented together with our specialized legal submissions, the medical admissibility finding was overturned without having to resort to litigation.

To read our clients testimonials, please click here.

To read more success stories, please click here.

The post This Month’s Success Stories! first appeared on Bellissimo Law Group.