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.

The cultural shift from an enforcement mindset to a client-centered approach could mark a new era at Immigration, Refugees and Citizenship Canada, which has long faced complaints about poor customer service, long processing times and failing to provide timely and accurate information to applicants.

In an upcoming piece for Immquest, Cultural Shift Afoot at Immigration Refugees & Citizenship Canada? Should We Send Immigration Officers Back to School? I noted that a need for a client centric approach at IRCC was long overdue. It has been something I have been urging for over a decade like many others.

In the article, I speculate that a cultural makeover is no small task for a department that has experienced historical challenges of resourcing and backlogs while operating at different corners of the world and under global scrutiny. IRCC is not a private enterprise.  Its rank and file are not rewarded financially or otherwise for the number of applicants that are processed.  To the contrary, it is the applicant that slips through the cracks and either violates immigration policy, commits criminality or even worse that garners the most attention, albeit negative for a particular visa office.

Ultimately, the system is structured to assess the merits of an applicant before determining final admissibility.  Statutory clearances are usually conducted at the back end and can add considerably to processing time.  In turn, this can lead to a perceived lack of transparency, uncertainty and delays that all contribute to the client experience.  So how can this be improved given these realities?  Australia retrained its immigration officers and many private companies are relying on the latest technology as well as reaching out to receive as much feedback as possible from those they service to improve the customer experience.  In my view for this client centric focus to succeed, it cannot happen behind the scenes, IRCC should (1) define what the scope of client service means, (2) survey its clients, stakeholders and the public given the very high profile of immigration law and policy in Canada, (3) retrain officers and (4) employ new messaging regarding representatives.

 So IRCC cannot embark on this journey alone. It requires the cooperation, vision and assets of all stakeholders. The key goal of such initiatives is to test and deliver an immigration program before application to resettlement that has been carefully defined and debated.  No one has all the answers and the issues are so complex especially in a world of growing tensions and terrorism.  Subject matter experts like representatives should be seen as an asset and not an impediment to enhancing the system.  It starts with fair messaging about counsels’ role in the process.  Immigration applicants are as worried about transparency as they are about the certainty of selection. So, predictability of the system is fundamental to attracting the best applicants and given that a positive client experience in a “just in time” immigration system is in all parties’ best interests, it is important for this process – to understand and enhance the client experience – is inclusive, comprehensive and forward looking.

For information on Permanent and Temporary Migration, please click here and here.

(Sources)

The post New Client Centric Focus for IRCC is Long Overdue, Now Let’s Get it Right! first appeared on Bellissimo Law Group.

1.Social Media Campaign Must Be Developed and Delivered

 As noted in my previous blogs there have been reports on social media that Canada will give asylum seekers special treatment given their status in the U.S. [1] These reports are false, but nonetheless, have propelled many Haitians into fleeing the U.S. and crossing into Canada. The same reports apply to the Salvadorans, as they are also protected by the same policy. The public panic created by this could easily cause Salvadorans to follow suit with the Haitians.[2]  It is therefore incumbent upon the Canadian Government to develop and deliver a social media campaign to dispel myths and circulate important information about the refugee system in Canada as well as other pathways to lawful migrant status in Canada.  I understand from media reports that in the past few weeks Canadian consulates in the U.S. were drafted into efforts to clear up misconceptions about Canada’s system.[3]  Those efforts must include social media and the best technology to reach as many people as possible.

 2. Multi Tiered Government Response

In so far as it is possible a joint effort between the United States and Canada to avert a crisis would be the best possible outcome.  Serious and ongoing negotiations must continue with the United States.  There have also been reports of Members of Parliament like Emmanuel Dubourg traveling to the United States to speak directly to the Haitian diaspora there, “using his status as a member of Canada’s Haitian community and fluent Creole skills to try and manage the issue.”  The same article highlighted that a task force was being put together to deal with the issue and that Minister Hussen said “the efforts underway in Canada to deal with the current flow will stand the government in good stead should there be another wave”.[4]

During the Council for the Federation talks in Edmonton in July, premiers discussed these issues and requested additional funding and long-term planning to deal with the increasing wait times and refugee claims.[5] Whether or not the Government obliges or develops a different plan altogether remains to be seen.  Nevertheless, other groups of foreign nationals from the ten countries on the temporary protected person list in the United States must be targeted as part of the plan so proper and fulsome information reaches these individuals before they act on misinformation.

Coordination must also be had with provincial and municipal authorities as well as settlement agencies and all stakeholders including the counsel community to map out a course of action moving forward and getting the message out before foreign nationals arrive in Canada as to what may be waiting for them in terms of eligibility, healthcare, employment, long term status, access to social services etc.

3.Pilot Projects

It is unlikely those seeking migration to Canada that would qualify for immigration pathways would be processed in time to escape the suspension of the TPS and fears of imminent removal from the United States – even if they applied in advance.  Inevitably the processing of cases could take years with all the consequential effects on the system as well as foreign nationals, while awaiting an outcome to their claim.

Worse yet, many may not qualify for protected person status in Canada because of their lengthy sojourn in the United States. Refugee claimants must establish amongst other things that they are persons in danger, there is a risk to life or risk to cruel and unusual punishment and because most of the refugee claimants have been living in the U.S., they may not qualify as person in need of protection.  So, after a potential lengthy delay in Canada the foreign nationals will be processed to removal rather than to protected person status.

Potentially a good number of these foreign nationals would be eligible for immigration streams to Canada including economic, work or study.  As noted above, if many of these claims are economic in nature they will not meet the requirements of the Immigration and Refugee Protection Act (IRPA) for protected person status and may jeopardize an application under an otherwise appropriate category.  This is an unfortunate outcome both for the functioning of the refugee system in Canada and the foreign nationals who may have been directed to claim as a measure of last resort with an outcome that may not be what they were expecting.

Perhaps then the Government must consider other creative solutions under pilot projects where in land foreign nationals (eligible under the terms of the pilot, no security issues etc.) are streamed through a temporary resident process rather than simply streamed into the refugee protected system where it is clear they will likely not succeed.  Thoughts must be given to the length of status, caps and queues to facilitate the temporary processing while longer term implications including eligibility are sorted.

4.Mobile Teams/ Transfer of Decision Makers as Required

We have seen the increase in the number of immigration officers available in both Montreal and Cornwall, Ont., — where hundreds of asylum seekers are being temporarily housed — in order to process claims faster.  It has also been reported the goal is to build a mobile team of immigration officials who could process claims on site.[6]  These teams must be comprised of senior officers present in good numbers to effectively counsel these individuals at first instance.

Consideration will also have to be given to transferring RPD members to regions dealing with the most numbers (like Quebec presently) from other provinces in Canada to assist with the spike.  All efforts to minimize disruption to other regions including the use of video conferencing, expedited processing, coordination with counsel community etc. should be explored.

5.Resource Allocation

Ultimately resources will play a key role in the response.  So, it may be better to spend now to help stem the tide.  As discussed last time, with resources diverted to managing this influx, Canada’s response to others in need of protection within and outside Canada will also have to be readjusted.  This impact will be felt both to the domestic as well as international protected person programs in terms of processing, resource allocation and responsiveness.  So, programs and departments beyond front line responders – Canada Border Services Agency and the Refugee Protection Division – will be called upon to process the influx.   It is critical that other facets of the system are not compromised or this could lead to negative wide ranging and long-lasting consequences.

In all, there are no simple solutions and it is vital Canada is responsive to those in need.  It is encouraging to see various stakeholders taking meaningful steps.  If I were to sum up the response required at this time in one sentence – the response must be proactive, make use of the latest technology to properly inform the narrative and develop innovative processing responses in the face of potentially unprecedented numbers.

For more information on Claiming Refugee Protection, please click here.

(Sources)

The post 5 Measures that May Help Address the Escalating Refugee Influx to Canada first appeared on Bellissimo Law Group.

Q. I have fallen in love and would like to sponsor my husband. The company I worked for closed at the end of 2015, and in 2016 I had no income except Employment Insurance. Now, I am considering obtaining Second Career Ontario funding from Ontario government, and go to college. I am not sure if Second Career is welfare or not and whether I can still sponsor him?  I have found love but not a job right now, please help!

A. We receive many questions regarding different provincial benefits a sponsor may be receiving and the uncertainty of whether they are eligible to sponsor because of those benefits. Generally speaking, Employment Insurance (EI) is not considered a social benefit in the sense of welfare /social benefit income. It is deducted from your total gross income on your Notice of Assessment / Option C printout and is not considered income for immigration purposes. The same applies to any training /education course sponsored by the province as it is a grant – it is not included in your income. Other exceptions include:

• Any financial assistance received by the sponsor from the Government of Canada under a resettlement assistance program;
• Any monthly guaranteed income supplement paid to the sponsor under the Old Age Security Act, and
• Any Canada child tax benefit paid to the sponsor under the Income Tax Act

To sponsor a husband there is no legal requirement to meet a certain income level just the ability to support the person you are planning to sponsor and his or her family members.  You must be at least eighteen years of age, residing in Canada (exception for a period of time for Canadian Citizens) and amongst other requirements/criteria sign a three year undertaking where you agree to reimburse the provincial or federal government for any social assistance benefit your husband receives.  So in this case lucky in love may also mean lucky in immigration, good luck!

For more information on Spousal Sponsorship, please click here.

The post Does Lucky in Love Mean Lucky in Immigration? I Fell in Love but have no Job Can I Still Sponsor My Husband for Immigration? first appeared on Bellissimo Law Group.

Q. I am from the Philippines and have applied 5 years ago for Permanent Resident status and included my husband and three children.  We now get a letter that my husband, who had a kidney transplant may be too expensive to come to Canada.  I have a chance to reply to the letter within 60 days. What should I state in my letter?  Can I just bring my children?

A. Thank you for your question. What you received is a procedural fairness letter as Immigration Canada has made an initial determination that as a transplant patient, your husband may cause excessive demand on health and/or social services. Unfortunately, the inadmissibility finding applies to you and your entire family.  However, this does not automatically mean that you are inadmissible.

 The law in Canada changed primarily because of a Supreme Court of Canada case Hilewitz v. Canada (Minister of Citizenship and Immigration), De Jong v. Canada (Minister of Citizenship and Immigration), and 2005 SCC 57, that I am very proud to say I was part of, that required individualized assessments of applicants with medical conditions that could lead to a finding of medical inadmissibility.  The Supreme Court highlighted the need for fair, diligent and proactive assessments by visa officers and medical officers, and a move away from a cookie cutter methodology that focused on the medical condition rather than the person.

So, what does that mean?  It means that individual circumstances will be examined so if in your husband’s case he is doing really well after his transplant he will not be viewed in the same way as another person who had a transplant and is not doing well. So, the response must be individualized and include legal, medical and factual considerations.

What does that mean for you?  You should not respond to procedural fairness letters without representation.  The reply is a very complex exercise that requires extensive analysis and a very well documented response. Typically, and in brief, you will have to present specialists’ reports (nephrologists) analyzing your husband’s medical condition and assessing the cost in Canada for his medication, health care and social care over a period of five to ten years depending upon the period identified in the letter. Also, you will have to look at an individualized plan of care and your families’ ability and intent to absorb costs, help manage the condition; individual circumstances etc. will also be considered.  This is why I would suggest that you seek counsel for this submission as it is very important to your future and requires very sophisticated and specialized legal preparation that may make living in Canada a reality for your family!

To learn more about Medical Inadmissibility, please click here to listen to my recent podcast with Mark Holthe on the Top 5 Considerations When Responding To A Fairness Letter.

For our informational page on Medical Inadmissibility and our book Canadian Citizenship and Immigration Admissibility Law (2nd Edition) , please click here and here.

The post Initial Medical Inadmissibility Finding May Not be the End of the Story! first appeared on Bellissimo Law Group.

In a decision made Wednesday, May 10^th, Justice Jocelyne Gagne has specified that the law that allows the government to strip a Canadian of their citizenship without a fair hearing violates Section (2) of the Canadian Bill of Rights, which states that “no law should deprive someone of the right to a fair hearing.”

Mr. Mario D. Bellissimo, who represented one of the eight applicants who had their citizenship revoked or were issued a notice of revocation, expressed his agreement and relief by the court’s decision.

To read the full article, please click here.

For more information on Citizenship Revocation, please click here.

The post Mario D. Bellissimo Featured in The Global and Mail! first appeared on Bellissimo Law Group.

• to facilitate the entry of persons who have the right to enter Canada;
• to facilitate the entry of foreign nationals into Canada for purposes such as trade and commerce, tourism, international understanding and cultural, educational and scientific activities;
• to protect the health and safety of Canadians and to maintain the security of Canadian society;
• to promote international justice and security by denying access to Canadian territory to persons who are criminals or security risks; and
• to offer safe haven to persons with a well-founded fear of persecution based  on  race,  religion,  nationality,  political opinion or membership in a particular social group, as well as those at risk of torture or cruel and unusual

Secondary Examinations

In-depth examinations, known as Immigration Secondary examinations, are not conducted at the Primary Inspection Line (PIL). Immigration Secondary Examinations focus on issues of identity, citizenship, residency, intentions, funds available, personal history, background and a key consideration for Canada Border Services Agency (CBSA) officers at the POE is to investigate inadmissibility.  Once inadmissibility is determined, a person may be denied entry, allowed to withdraw entry (in some cases), allowed entry upon a temporary entry permit (exceptional) and most frequently pursuant to subsection 44(1) of the Act, if the officer at any time is of the opinion that the person at the border is inadmissible, an inadmissibility report can be written. This will be followed by enforcement action and likely a removal order.

Nevertheless, it is still best to declare inadmissibility because a foreign national as one example, does not want to compromise a potential rehabilitation application in the future with a misrepresentation finding that results in a five year ban in the end.   Not all criminal offences result in a finding of inadmissibility but most do including driving under the influence.  Sometimes an officer will make a finding of inadmissibility based on past conduct that did not result in a criminal conviction but is deemed to constitute committing a criminal act.  It is always best to consult with a Canadian immigration lawyer if you have any concerns about your status and potential admissibility.

So when you have a record the truth will “set you free” even if in this case,depending upon your criminality, it may not mean entry to Canada immediately.

For more information on Criminality and TRPs, please click here and here.

The post Now That I Have Declared My Criminal Record What Happens at a Secondary Examination? first appeared on Bellissimo Law Group.

To view the entire interview, please click here.

The post Mario D. Bellissimo Interviewed by CityNews! first appeared on Bellissimo Law Group.

Ben Spurr explores some of the issues faced by applicants, including courier delays and the strain caused by a high volume of applications under one deadline. Mr. Bellissimo suggests that a lottery-like system could be a more viable option. Though he acknowledges some may still be disappointed, “a lottery would help ‘avoid the chaos’ of all applicants scrambling to get their paperwork in on a single day.”

To read the full article, please click here.

The post Mario D. Bellissimo Featured in Toronto Star Article! first appeared on Bellissimo Law Group.

For more details click here: click here.

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