If Citizenship and Immigration Canada has refused the application of a Canadian citizen or a permanent resident to sponsor the immigration of a close family member to Canada, the sponsor may appeal to the IAD.
A permanent resident of Canada, a refugee, or a foreign national with a permanent resident visa who has been ordered removed from Canada, may also appeal to the IAD.
The law requires permanent residents to be physically present in Canada for at least 730 days out of every five years. If a permanent resident is outside Canada and a visa officer with Citizenship and Immigration Canada (CIC) finds that he or she has not met this residency obligation, the person may lose permanent resident status. The permanent resident may appeal the CIC decision.
Under Canada’s immigration law, you can ask the Federal Court of Canada to review decisions related to immigration. A lawyer must apply for judicial review on your behalf.
Persons who simply wish to visit Canada for business or for pleasure may need to obtain a Temporary Resident Visa before doing so. Citizens of some countries are exempt from this requirement but most are not. These visas may be single or multiple-entry, and typically allow a visitor to enter and remain in Canada for up to 6 months at a time.
Those who wish to study in a Canadian school, for example at a college or university, may apply for a study permit which will allow the applicant to remain in Canada as a temporary resident for the period of his or her studies.
A Super Visa is a type of visitor visa which allows parents or grandparents of Canadian citizens and permanent residents to visit Canada for up to two years at a time. They are typically 10-year multi-entry visas. To qualify for such a visa the Canadian child or grandchild must show that they have sufficient income to support the visit, and the visiting parents or grandparents must pass a medical exam and purchase private medical insurance.
Work permits are typically applied for from outside of Canada. In most cases, it is a prerequisite to obtain a job offer from a Canadian company and to have that job offer approved by the federal human resources authorities before a visa will be issued by Citizenship and Immigration Canada.
In most cases, Canadian businesses that wish to employ a foreign national to work in Canada first need to obtain a Labour Market Impact Assessment (LMIA) from the federal human resources authorities before the foreign national may apply for a work permit.
Canadian citizens or permanent residents may sponsor certain close family members who are citizens of other countries to immigrate to Canada. Sponsorships proceed as a paper application to the Canadian immigration authorities who will process the application and, assuming that all requirements are met, will issue permanent resident status to the foreign family member.
A spousal relationship is a marital relationship. The marriage can be performed in any country and will be recognized as valid by the Canadian immigration authorities as long as it was conducted in accordance with the laws of that country and is otherwise consistent with Canadian law. The immigration authorities will require a valid marriage certificate as proof of the spousal relationship. This is the simplest and most straight-forward type of relationship for sponsorship purposes since the marriage certificate is generally sufficient to demonstrate the legality of the spousal relationship.
In cases where an individual has been removed from Canada for reasons of criminality, misrepresentation or any other reason, there is often a bar imposed on his return for a certain period of time. In case an individual wants to return to Canada before the expiry of the ban period , his application must be accompanied with an applications seeking Authorisation to Return to Canada.
Some applications require the applicant to submit further documents or answer the specific queries of the Immigration Officer. This is often termed as a procedural fairness opportunity for the applicant to eliminate the concerns of the officer. If you receive such a letter or communication and you are unsure about the appropriate response, you can seek legal advice.
A further recourse for those who are inadmissible or otherwise do not qualify for a visa under the regular immigration categories, is to apply for an exemption to the criteria of the immigration laws on Humanitarian and Compassionate (H&C) grounds. The immigration authorities have the discretion to waive just about any criteria of the immigration laws if they believe there are sufficiently strong H&C grounds to justify it. H&C applications are usually made by people in Canada who have lost their status or are for some reason inadmissible.
Foreign nationals may be inadmissible to Canada for various reasons even if they hold a visa or have obtained permanent residence. The most common ground for inadmissibility is on Criminality grounds, where the foreign national has been convicted of a crime either inside or outside of Canada. Most criminal convictions will result in inadmissibility to Canada, even if they are relatively minor offences such as driving while impaired or shoplifting.