Once the Notice of Appeal has been filed and the Appeal Record has been provided to the parties, the Immigration Appeal Division will schedule a hearing to assess the Appellant’s circumstances and determine: 1) whether the officer’s decision that the Appellant did not meet his residency obligation is valid in law, and if so, 2) whether there are any humanitarian and compassionate factors exist in the case that could justify retention of permanent resident status. Generally, if the person failed to meet their residency obligation (i.e. to be physically present in Canada for 730 days within the previous 5-year period (counting back from the date of determination by the officer), and exceptions available in law do not apply, the negative residency obligation determination will be found to valid in law, so the appellant would resort to presenting and arguing humanitarian and compassionate considerations. There is no one single factor that would outweigh other considerations – the more significant the breach is (of residency obligation), the more H&C factors the appellant would need to establish.

Canadian courts have established that the following humanitarian and compassionate factors are relevant to the decision-maker’s assessment of the case:

• The extent of the non-compliance with the residency obligation;
• The reasons for the departure from Canada;
• The reasons for continued or lengthy stay abroad;
• Whether attempts to return to Canada were made at the first opportunity;
• The degree of establishment in Canada, both initial and continuing;
• Family ties to Canada and whether they can be sponsored;
• Hardship and dislocation that would be caused to the appellant and his family in Canada if the appellant were to be removed to his country of nationality or is refused admission to Canada;
• The best interests of any child directly involved;
• Whether there are other unique or special circumstances that merit special relief.

It is crucial that the appellants collect and provide the Immigration Appeal Division with as many documents as possible to address the above listed factors and establish that there are sufficient humanitarian and compassionate factors exist in their case, to retain their permanent resident status.

Bellissimo Law Group PC has extensive experience with residency obligation hearings. We always thoroughly and carefully review the documents, prepare the appellants and witnesses, and passionately argue on behalf of our clients, which has assisted hundreds of our clients succeed with their appeals and retain their permanent resident status in Canada. Contact us now to discuss your case!

The post Navigating through Residency Obligation Appeals first appeared on Bellissimo Law Group.

The first step in the process is to provide some basic information on the interest to sponsor form. This online form will become available on Monday, 28 January 2019 at 12 p.m. EST. Those interested in sponsoring a parent or grandparent should mark this date in their calendars and aim to complete the form early next week because Immigration, Refugees and Citizenship Canada (IRCC) has not indicated how long the form will be available. IRCC has only stated that it “will remain available on IRCC’s website until we receive a specific number of complete interest to sponsor forms”[1].

After the window to submit this form closes, IRCC will invite potential sponsors to submit an application in the order that the interest to sponsor form was received. This is a notable change from last year when invitations were issued through a lottery system. Potential sponsors who receive an invitation to apply this year will have 60 calendar days to submit a complete application to IRCC. According to IRCC, this year a maximum of 20,000 completed applications to sponsor parents or grandparents will be accepted. The average processing time for these applications is expected to be two years.

It is important to note that only Canadian citizens, permanent residents or persons registered under the Indian Act (in Canada) may be eligible to sponsor their parent or grandparent. Sponsors must also be at least 18 years old and meet the necessary minimum income requirements for the last three years. A sponsor with a family of four (including the sponsor), for instance, must provide Notices of Assessment from Canada Revenue Agency showing income of at least $60,271 in 2018, $59,426 in 2017 and $58,768 in 2016.[2] Potential sponsors may wish to have a co-signer to meet these financial requirements. Individuals residing in Quebec, must meet additional requirements.[3]

Several other requirements apply. For example, sponsors cannot be in detention, under a removal order, convicted of certain criminal offences or receiving social assistance unless it is for a disability.[4]

An additional consideration for potential sponsors is the processing fee of $1,040. This sum includes a $75 sponsorship fee, $475 principal applicant processing fee and a right of permanent residence fee of $490. (Although the right of permanent residence fee is not required at the time the application is submitted.)  Additional fees may apply if biometrics (fingerprints and a photo) are required or if the parent or grandparent has an accompanying dependent child.

As the opportunity to sponsor a parent and grandparent approaches, interested individuals should take the necessary steps to familiarize themselves with the requirements and process.

For more information on Sponsorship of Parents and Grandparents, please contact us.

(Sources)

The post Are You Interested in Permanent Residence for Your Parents or Grandparents? first appeared on Bellissimo Law Group.

Selection is based on a rigorous peer-review, through evaluations by top lawyers. We are delighted that Mario D. Bellissimo has been included, and it is an honour to be part of the list.

To view the listing, please click here.

The post Mario D. Bellissimo Selected for Inclusion in the 13th Edition of Best Lawyers Canada! first appeared on Bellissimo Law Group.

Interested candidates can register for an account online using the OINP Portal. After filing their application and paying the processing fees, the submitted application is reviewed for completeness to ensure that applicant has submitted all the required information and documentation to demonstrate that they fulfill the program eligibility requirements.

The OINP recently implemented changes to the processing of applications. If the application is complete, the OINP will confirm the same and the application will be forwarded to assess whether the applicant meets all the eligibility requirements. On the other hand, if the application is found to be incomplete, the OINP will grant an extension of 14 calendar days to provide additional documentation or information. However, this extension cannot be used to fulfill a condition that should have been met at the time of filing the application.

Selected candidates will be nominated by the OINP, following which they can apply for permanent residence. Next, Immigrations, Refugees and Citizenship Canada (IRCC) will assess the permanent residence application and make a final decision. IRCC will issue permanent resident visas to successful applicants.

The post How does the Ontario Immigrant Nominee Program (OINP) work? first appeared on Bellissimo Law Group.

It is also very important to thank all of our employees for all their hard work and dedication. In law firms like ours, that deal with a number of urgent and complex matters, what is not always apparent are the late nights and emergency responses.  Our staff and their families make a great sacrifice for the betterment of clients’ lives, the profession and also Canada generally.  I cannot thank them enough.

I wish to also thank all our lawyer, consultant and legal writing colleagues that help us be better every day at what we do.  We remain committed to our clients and improving Canada’s immigration, refugee and citizenship law and policy that are the foundation upon which we operate.

As 2017 draws to a close, I would like to wish you and your loved ones all over the world a wonderful holiday season and a happy and healthy New Year!

The post A Holiday Message from Our Founder first appeared on Bellissimo Law Group.

OTTAWA, November 29, 2017 – The Honourable Jody Wilson-Raybould, Minister of Justice and Attorney General of Canada, today announced that Paul Favel, Q.C., a partner at McKercher LLP in Saskatoon, is appointed a judge of the Federal Court effective December 11, 2017. He will replace Mr. Justice J. Russell, who has elected to become a supernumerary judge effective December 11, 2017.

 Department of Justice (Canada) News Release

The post New Judge Appointed to the Federal Court first appeared on Bellissimo Law Group.

Contractual Services Suppliers and Independent Professionals: 

Contractual services suppliers and independent professionals wishing to supply their services on a temporary basis will be issued a work permit. Contractual service providers must hold at least three years of experience in the sector of activity and independent professionals must hold at least six years.

Both contractual services suppliers and independent professionals may only be issued work permits for a maximum 12 months or less in any 24-month period. Extensions may however be granted on a discretionary basis.

Numerous professional positions are included ranging from lawyers, financial mangers to engineers. A full list of the professionals included can be found here:

http://www.cic.gc.ca/english/resources/tools/temp/work/international/canada-eu/a10-e.asp

 Intra-Corporate Transferee: 

 An Intra-Corporate Transferee (ICT) is a person employed by an enterprise of one the EU for at least one year who is temporarily transferred within the same enterprise to the territory of the other Party.

The CETA ICT provisions are similar to existing Intra-Company Transferee provisions and generally allows persons who have been employed by an enterprise in the EU for at least one year and who are temporarily transferred to a subsidiary, branch, or parent company in Canada to be issued work permits. There are three subcategories that fall under the ICT provision:

• Senior Personnel
• Specialists
• Graduate trainees(persons who possess a university degree; and are temporarily transferred to Canada for career development purposes, or to obtain training in business techniques or methods).

Senior Personnel and Specialists will be permitted work permits for the lesser of 3 years, with a possible extension of up to 18 months. Whereas graduate trainees will be permitted work permits valid for the lesser of 1 year.

Short-Term Business Visitors: 

CETA commits Canada and the EU to allow the temporary entry and short term stay of business visitors, provided those visitors do not engage in selling goods to the general public, receive remuneration from the host country, or provide services to consumers. These business visitors may only be granted temporary entry for up to a total of 90 days within a six-month period.

Annex 10-D to the chapter contains the list of short-term business visitors’ activities.

Investors:

Investors under CETA are defined as persons who:

• will establish, develop, or administer the operation of an investment in a capacity that is supervisory or executive;
• are the investor; and
• are employed by an enterprise that has committed or is in the process of committing a substantial amount of capital.[1]

A CETA investor can be issued a work permit for one year, with discretionary renewals.

For more information on CETA please contact our office.

References:

http://www.cic.gc.ca/english/resources/tools/updates/2017/07041530.asp

http://www.international.gc.ca/gac-amc/campaign-campagne/ceta-aecg/index.aspx?lang=eng

http://www.international.gc.ca/trade-commerce/trade-agreements-accords-commerciaux/agr-acc/ceta-aecg/chapter_summary-resume_chapitre.aspx?lang=eng#a10

[1]http://www.cic.gc.ca/english/resources/tools/temp/work/international/canada-eu/investor.asp

The post New Work Permit Options For EU Citizens (CETA) first appeared on Bellissimo Law Group.

Mr. Saddique, an immigrant doctor doing medical training in the United States, applied to become a Canadian citizen; declaring having only 177 days of the 1095 days of residence in Canada required to gain citizenship. After interviewing with a citizenship judge, Mr. Saddique’s application was approved, however the decision was subsequently appealed by the Minister of Citizenship and Immigration to Federal Court, who argued that the evidence he provided about his ties to Canada was inadequate.

Thanks to the expertise and months of tireless effort of Mr. Collette and the Bellissimo Law Group team, Madam Justice Elliott confirmed that the citizenship judge’s decision was legally correct and that the conclusion that Mr. Saddique had centralized his mode of living in Canada was reasonable. Several factors were considered, including that he had tried extensively for a medical position in Canada, maintained strong family ties in this country, and returned to be with his family whenever he could. Madam Justice Susan Elliot found no reason to disturb the earlier decision to allow Mr. Saddique to become a Canadian!

To read the full article click here.

The post The Case of a Medical Doctor’s Canadian Citizenship Successfully Defended Making Headlines. National Post and Global! first appeared on Bellissimo Law Group.

So we are extremely proud to see Mr. Bellissimo receive the top honor as Best Lawyers’ 2018 Toronto Immigration Law “Lawyer of the Year”.

On behalf of our team we would like to send our heartiest congratulations for this remarkable achievement!

For more information please refer to Bestlawyers.com and check out Mr. Bellissimo’s profile.

The post Mario D. Bellissimo named Immigration “Lawyer of the Year” by The Best Lawyers in Canada! first appeared on Bellissimo Law Group.

And that’s exactly the goal of art in any public space – To make us think, to speak about the key issues of today. It’s no different with the art found in airports which also speaks to the local charm of every city. Vancouver International Airport boasts the largest publicly displayed private collection of Northwest Coastal art. It has nearly 300 pieces! Without even stepping foot in a museum, YVR  gives you a taste of the art and culture that the Vancouver area offers. Rita Beiks, an in-house art curator for the airport puts it this way: “3 per cent of a population will attend a gallery, but YVR has 22 million people flying through it every year. And that’s a lot of people who see art, who may never see it in the city.”

So next time you find yourself wandering in the Duty Free remember to check out the art installations for a little relaxation before your flight!

You may read the full article here

The post Catch Some Art.. At Your Local Airport! first appeared on Bellissimo Law Group.