You can sponsor your orphaned brother or sister if they are: related to you by blood or adoption, under 18 years of age, and single (not married or in common-law relationship). Note that orphaned means that your brother or sister does not have a parent that is still alive. You cannot sponsor your brother or sister if: they have at least one parent alive, or no one knows where their parents are, or their parents abandoned them, or their parent is detained or in jail, or someone else is taking care of them while one or both parents are alive.

Aside from orphaned brother or sister meeting the above criteria, you generally cannot sponsor your brother or sister, as for immigration purposes, they are not considered to be a family member under the Immigration and Refugee Protection Regulations. However, you can sponsor one blood-related or adopted relative of any age, provided you don’t have any eligible living relatives you could sponsor instead, such as a spouse or common-law partner, child, parent, grandparent, or certain orphaned family members. Note that if you have any of the above-listed relatives, or aunts or uncles, who are Canadian citizens, permanent residents, or registered under the Indian Act, you will not be eligible to sponsor your brother or sister under this category.

To sponsor an eligible relative, you must be over the age of 18, living in Canada*, and a Canadian citizen or person registered in Canada as an Indian under the Canadian Indian Act or a Canadian permanent resident. Additionally, you must meet set income guidelines and agree in writing to provide financial support to your relative (and any other eligible relatives coming with them) beginning on the date they become a permanent resident and/or for up to 20 years (depending on their age and how you’re related).

Notably, you cannot be a sponsor if you are in prison, have not paid your alimony or child support payments, have declared bankruptcy and haven’t been released from it yet, got social assistance for reasons other than being disabled, didn’t pay back an immigration loan, sponsored another relative in the past and didn’t meet the terms of the sponsorship agreement, and/or made late payments or missed payments. Additionally, you cannot be a sponsor if you were convicted of a violent crime, any offence against a relative or any sexual offence, depending on details of the case, such as the type of offence, how long ago it was, and whether a record suspension (formerly pardon) was issued.

*You must live in Canada to sponsor eligible relatives unless you:

• are a Canadian citizen who lives abroad and
• plan to return to Canada when your relatives immigrate and
• are sponsoring your:
  • spouse or
  • common-law or conjugal partner or
  • dependent children who have no dependent children

It’s worth noting that there could be other factors not mentioned in this list that might affect the sponsorship process, so it’s crucial to thoroughly understand the eligibility and admissibility criteria before proceeding with the sponsorship process. Book a consultation with our office today for further information.

The post Can I sponsor my brother or sister to immigrate to Canada? first appeared on Bellissimo Law Group.

Wait, is this yet another post about hiring an immigration lawyer?

Well sort of but keep reading because this is really a self-help post. The reality is although we accept many pro bono cases and in fact have been recognized as one of the top firms in Canada for helping many individuals at our cost, we cannot help everyone, and some cannot retain law firms to assist. So, here are some important self-help updates:

Express Entry Updates: Canada’s Express Entry system is a dynamic, lively system, with points allocated based on various factors such as age, education, work experience, and language proficiency. Keeping well-informed of the continuous changes in point allocations, new categories introduced, and eligibility criteria is essential for new applicants.

Priority Occupations: Canada and the provinces continuously update their list of in-demand occupations, which may affect the chances of securing permanent residency or work permits. Your occupation may be on the list today and not there tomorrow, or vice versa. A Canadian immigration lawyer must keep up to date with all these changes.

Provincial Nominee Programs (PNPs): Each province in Canada has its own immigration programs set in place specific to their own economic needs. These programs often have specific criteria and quotas, so understanding these can help one choose the best pathway for immigration. Visit the province’s sites for detailed information.

Family Sponsorship: Changes in family sponsorship rules, such as eligibility criteria and processing times, can impact those hoping to bring their family members to Canada. It is crucial to know the changes, the processing timeline, the draws from the pool of potential sponsors, etc. Visit Immigration, Refugees and Citizenship Canada website regularly for updates.

Policy Adjustments: Immigration policies can change due to political, economic, or social factors. The official government websites list changes, but they are not always very clear. This is a difficult one to navigate on your own and there is a lot of mis and disinformation out there. Consider a consultation with a Canadian immigration lawyer if possible.

Documentation Requirements: The documents required for immigration applications can vary depending on the type of visa or permit requested. But sometimes, what one can find on the internet is just a skeleton of what is needed. Be mindful.

Canadian immigration laws and policies are indeed very complex and continuously changing. Consulting with a Canadian immigration lawyer may provide an applicant with personalized guidance on the best process and pathway to follow. They can help assess your eligibility, navigate the application process, and stay updated on recent changes. So even if you have to go at it alone, a touch base can make all the difference before embarking on a process that may not be leading you to where you think you might be heading.

Thank you for reading.

The post Understanding the Latest Canadian Immigration Policy Changes: A Toronto Law Firm’s Perspective first appeared on Bellissimo Law Group.

For more information on Express Entry, please click here.

If you would like to discuss your eligibility with a member from our legal team, please click here

The post Express Entry Draw #120 Results: 3,350 Invitations Issued on June 26,2019 first appeared on Bellissimo Law Group.

The matters were challenged to the Federal Court of Canada, sent back for reconsideration but, amazingly, refused again.

After another successful Federal Court proceeding and finally on the second reconsideration the applications were approved just in time to attend the summer camp this year!  We are so happy for these children and delighted despite a challenging fight justice prevailed and children will not be denied an opportunity of a lifetime.

The post This Week’s Success Story: A Once in a Lifetime Opportunity first appeared on Bellissimo Law Group.

The foreign worker decided to submit the application on his own. Much to his surprise, he received, after a couple of weeks, a refusal to his application. The applicant came to us to ask for advice. We checked thoroughly the application he submitted and realized he missed some important documents to attach to his application, therefore the work permit application could not have been approved as it was submitted.

The foreign worker retained our services and we prepared a restoration of the LMIA-exempt work permit, for a Francophone working outside Quebec. The applicant realized how thorough we were and how many supporting documents we wanted to provide to IRCC, to have a perfect image of the situation. We submitted the application and after a couple of months, the restoration of the work permit was approved and the work permit for a period of two years was issued. One can only imagine the happiness of the applicant and our satisfaction for a job well-done!

The post This Week’s Success Story: Restoration of Worker Status – LMIA-exemption for Francophones Working outside Quebec first appeared on Bellissimo Law Group.

For more information on Express Entry, please click here.

If you would like to discuss your eligibility with a member from our legal team, please click here.

The post Express Entry Draw #117 Results: 500 Invitations Issued on May 15th, 2019 first appeared on Bellissimo Law Group.

This was not the end of the revocation road, though, as our client was issued a subsequent notice in 2018 following the introduction of a new revocation process by the Government of Canada. Our office worked tirelessly to respond to the allegations included in this notice. While we addressed the legal concerns that our client had obtained Canadian citizenship by false representation or fraud or by knowingly concealing material circumstances, our firm also focused on our client’s establishment in Canada and the best interests of the children in this case. We are committed to ensuring that all possible legal challenges our presented on each of our files, and it is this thoroughness that once again ensured our success.

We could not be happier for our client, who no longer has to face the potential revocation of their citizenship. We appreciate our client’s generous words written following the successful conclusion of her case, as follows, “no words could ever describe the happiness I feel …Your team is my life saver. It’s so thankful that I can stay with my family and watch my kids grow”.

The post This Week’s Success Story: Successful End to Citizenship Revocation first appeared on Bellissimo Law Group.

The vast majority (80 percent) of Canadians surveyed also said that immigrants are “no more to blame for crime than other group”, however 17 percent of Canadian participants believed that immigrants are more to blame for crime than others. The responses to these survey questions indicated that Canadians have a more positive opinion of immigrants than those surveyed by Pew in 17 other countries.

The majority of participants in many of the 18 countries surveyed viewed immigrants positively. In the US, for example, 59 percent of those surveyed said that immigrants made the country stronger and 34 percent found immigrants to be a burden. However, in South Africa, Israel, Russia, Greece and Hungary at least 60 percent of participants believed immigrants to be a burden.

The report which summarizes the survey findings does not delve into the factors driving public opinion in Canada or elsewhere but it does comment briefly on the link between where participants fall generally in terms of political ideology, education, age and income:

“In most countries surveyed, those on the left of the ideological spectrum are more positive about immigration’s impact on their country than those on the right. Similarly, in many countries surveyed, those with higher levels of education, younger adults, and those with higher incomes are more likely to say immigrants make their countries stronger because of their work and talents.”

Hopefully, as more Canadians interact with and learn from one another far more than 68 percent of them will acknowledge the contributions of immigrants and refugees to Canadian society.

Sources

The post 68 Percent of Survey Respondents Said Immigration Makes Canada Stronger first appeared on Bellissimo Law Group.

https://www.bellissimolawgroup.com/2017/11/detention-reviews-habeas-corpus-and-the-charter-navigating-a-new-evolving-legal-landscape.html/).

In recognition of the contributions of the Charter, Immigration, Refugees and Citizenship Canada held a special citizenship ceremony, where 37 new Canadian’s were invited to take their citizenship oath. There, the Honourable Ahmed Hussen, Minister of Immigration, Refugees and Citizenship stated the following:

37 years ago, nobody could have imagined how the Charter would shape Canada nearly four decades later. I believe the Charter is the most important law as it has shaped our identity as a nation and represents the values of its people. Canada is recognized around the world for its freedom and democracy and Canadians are renowned for celebrating diversity and making everyone feel welcomed and included. To today’s 37 new Canadians: Welcome into our Canadian family, welcome home.[4]

We look forward to continued progress in Canadian immigration law and policy as it aligns with the principles and values of Canadian society as set out by the Charter.

Sources

The post 37 Years Later: The Canadian Charter of Rights and Freedoms first appeared on Bellissimo Law Group.

The post This Week’s Success Story: HIV Positive Client Granted Permanent Residence first appeared on Bellissimo Law Group.