FAQ

Immigration Law

General

If you are applying for permanent residency, you must include your spouse or partner and all dependent children in your application regardless of whether or not they are accompanying you to Canada. If you become a permanent resident, you can sponsor your spouse or partner, children, parents, and grandparents for permanent residence. Brothers and sisters can also be included in a family sponsorship application as long as they are minors.

If you are a foreign national, you must first apply and obtain your permanent resident status in Canada. Once you get permanent residence, you must complete the residency requirement by physically living in Canada for several years.

After that, you must pass the citizenship application process. The citizenship application process will test you on your English or French language skills as well as on your knowledge of Canada. Once you pass the citizenship application process, you will be granted Canadian citizenship.

There are four types of temporary resident visas.

  • Single-entry visa:
    A single-entry temporary resident visa is issued when the foreign national’s entry to Canada is limited to a one-time event.
  • Multiple-entry visa:
    A multiple-entry visa allows you to enter Canada more than once. This means you can make multiple visits using the same visa during its validity period.
  • Transit visa:
    A transit visa is generally required for travel through Canada to another country by anyone who would need a TRV to enter Canada. The foreign national is required to show travel tickets and is authorized to remain in Canada for only up to 48 hours.
  • Parent and Grandparent Super Visa:
    Foreign nationals who are the parents or grandparents of a Canadian citizen or of a permanent resident can apply for the Parent and Grandparent Super Visa. The Super Visa is generally issued for a ten-year period (or up to the applicant’s passport expiry date, whichever is earlier), allows multiple entries, and permits the foreign national to remain in Canada for up to two years at a time.

When looking to immigrate to Canada, two types of professionals can assist you with the immigration process: lawyers and immigration consultants.

The first difference is with education. Immigration lawyers must attend law school, possess an undergraduate degree before attending law school, complete and pass the bar exam and become registered, and undergo an internship period with a lawyer or law firm after their studies. Immigration consultants do not attend law school and generally undergo a one-year certification to become registered.

The second difference is that only lawyers can legally represent you and advocate on your behalf in federal court.

It is not a requirement to have a lawyer represent you to make a visa application or deal with the Canadian immigration authorities. However, it is generally advisable to retain a lawyer, and in some instances, it is strongly recommended.

Immigration applications are complex and have legal implications for the applicants and their families, and the immigration authorities are very strict in their assessment of immigration applications. Even the smallest of errors can seriously impact your application and jeopardize you and your family’s future.

The advantages of using a lawyer for immigration applications are that they have years of legal training and experience and know precisely what the immigration authorities require in each case. In addition, lawyers know which type of immigration program is right for you, how to best present your case, and will safely guide you through the entire process.

A lawyer will also help you obtain all necessary supporting documentation to support your case before submitting your application. A lawyer will also ensure that all your information is accurately provided to the immigration authorities so that there is no delay or missing elements for your case to be successful.

The Law Society of Ontario ensures that legal professionals in Canada are licensed, qualified, behave ethically and meet the required education and experience standards. The general public can look up and confirm whether an individual is a lawyer licensed to practice in Ontario, Canada, by visiting the Law Society of Ontario’s website here: https://lso.ca/home.

We can help you understand why you received a deportation order, the appeal process, and the options available to you. Depending on your situation, we may be able to contest the decision, apply for a stay of the order, or explore other possibilities to allow you to remain in Canada.

Specific Programs

Generally, a temporary resident is authorized to stay in Canada for six months. However, the officer may fix any other period of stay, meaning that the officer may allow you to stay in Canada for less or more than six months.

Yes, you can immigrate to Canada through an Owner Operator Visa. Through this program, you can purchase a franchise business in Canada that offers a job to its owner and manager.

If you do not own at least 51% of the company, however, you will need to apply and get a Labour Market Impact Assessment in order to get a work permit. This work permit will be valid for up to four years. After that, you can apply for a Canadian work permit under LMIA-Exempted Code C-11.

An essential person is a person that is considered critical to the business and specifically identified as “essential” by the designated organization on the commitment certificate and letter of support. If the essential person’s application is refused, all related applicants will also be refused.

Yes, the Start-up Visa program is a federal program which means it is not limited to a specific Canadian province or city. In this program, you must get a letter of support from a designated organization, which are located in different Canadian cities. If you wish to immigrate to a specific city in Canada, it would be better for your application if you could get your letter of support from an organization operating in that city.

Usually, your work permit will be valid for the same amount of time that your spouse or common-law partner’s work or study permit is valid. When your spouse or common-law partner’s work permit expires, your permit will also expire.

Our legal team can assist you with every step of the Express Entry process. This includes assessing your eligibility, aiding you in completing your profile, and ensuring your application fulfills all requirements. We’ll support you throughout the selection process, the invitation to apply, and the final steps towards securing your permanent resident status.

Processing Times

Applying for Canadian immigration can be a lengthy process. However, the length ultimately depends on the type of immigration application and where the application is processed.

For example, if you are applying through Express Entry, applications can take up to a year from the time the application is filed. Also, if your application is filed at a visa office or consulate outside Canada, your application may take longer due to the backlog at these locations. However, if you are applying for a temporary resident visa or work permit, your application will be processed more quickly, from a few weeks to three months.

The length of an appeal depends on the type of appeal and the court being appealed to. If you are appealing to the Federal Court, it can typically take anywhere from six months to one year. It can take a few months to complete if you are appealing to the Immigration Appeal Division. Please note that processing times can take longer depending on various factors, such as the Covid-19 pandemic.

The average processing time for a spousal sponsorship application can take anywhere from six months to two years. However, they are typically completed in less than one year from receipt at the visa office.

Express Entry is the fastest and most popular pathway for foreign nationals seeking permanent residency in Canada. Express Entry can take as little as six months to process from the time of submitting the Express Entry profile. However, not all cases will proceed this quickly and can take up to a year.

On average, it takes six months for you to get a letter of support. After receiving the letter of support, reviewing your documents and processing your case by the Immigration, Refugees and Citizenship Canada is approximately 1.5 to 2 years.

Appeals

An Appeal and a Judicial Review are two distinct legal proceedings.

An Appeal is a procedure that can be started following individual refusals (e.g., denial of spousal sponsorship), which allows for a full review of the decision and the decision-making process by the Canadian Immigration Appeal Division.

Judicial review is a procedure that can be initiated following almost any decision of the Canadian immigration, refugee, or citizenship authorities. Judicial review is commenced at the
Federal Court of Canada. In a judicial review, the Federal Court will consider whether the decision-maker acted legally and within its jurisdiction and made its decision using a fair procedure and whether the decision was reasonable in light of all the evidence.

The types of immigration appeals that the Immigration Appeal Division hears are:

Family sponsorship appeals
Removal order appeals
Residency obligation appeals

Canadian permanent residents are required to be physically present in Canada for 730 days out of every five years in Canada. If the permanent resident does not satisfy the residency requirement, they can lose their permanent resident status. The loss of permanent residency due to the failure to comply with the residency requirements can be appealed to the Immigration Appeal Division. If the appeal is successful, the permanent resident will be allowed to keep their permanent residence status.

Judicial review entails written submissions to gain leave and attendance at Court to argue the legal issues before a judge. While the Court allows self-represented applicants to argue their own case, in practice, the complexity of the judicial review process and law will prove frightening for a non-lawyer attempting to proceed to court without legal representation. Therefore, it is strongly recommended that you do not attempt to do this process yourself and retain a lawyer to handle the entire process.

A procedural fairness letter is a letter sent by an immigration officer to a visa candidate or their lawyer, allowing them to respond to a concern about their application.

Once an application for a visa or permit is filed, an immigration officer reviews the supporting documents. Occasionally, an officer detects an issue that may lead to a refusal but considers it necessary to contact the applicant or their lawyer to put the candidate on notice of particular concern.

The immigration officer may give the applicant a specific amount of time to reply to a procedural fairness letter, for example, 30 days. Using the timeframe provided by an officer to properly address the officer’s concern is critical to the application’s success.

A carefully thorough and proper response to a Procedural Fairness Letter by a lawyer will cite all relevant law, case precedents and evidence required to stop the application from being refused. As such, obtaining advice from an immigration lawyer in Canada is strongly recommended before responding to a procedural fairness letter.

Tax Law

General

Tax residency in Canada is typically determined by your ties to the country, such as location of home, spouse or dependents, and personal property. As a tax resident, you’re required to pay tax on worldwide income. We can help determine your tax status and guide you through any associated implications.

A tax audit involves a review of your financial information by the Canada Revenue Agency to verify that your tax returns are accurate. We can assist by providing advice, helping you gather needed documents, and representing you in communications with the CRA.

The Voluntary Disclosure Program allows taxpayers to correct or disclose information not previously reported to the CRA. It may help avoid penalties or prosecution if you’ve unintentionally made errors on your tax returns. We can help assess whether this program is right for you and guide you through the process.

If you disagree with your assessment, you can file an objection. The CRA will then review your objection and either change the assessment or confirm it. We can help you understand the grounds for objection, assist in filing it, and represent you in any further proceedings.

Specific

If your tax dispute cannot be resolved through objection and appeals, it may go to Tax Court. We can represent you in court, preparing your case and arguing it on your behalf.

Actions such as tax evasion or fraud can lead to criminal prosecution. If you’re facing such charges, we can provide legal defense, protect your rights, and advocate for you throughout the process.

A judicial review is a process by which a court reviews a decision made by a tax authority. It may be needed if there’s a belief that the authority has made an error in law or overstepped its jurisdiction. We can represent you in a judicial review, ensuring your case is robustly presented.

Taxpayer relief provisions can provide relief from penalties or interest in situations of extraordinary circumstances, inability to pay, or errors by the CRA. We can help determine your eligibility and assist you in making a taxpayer relief application.

Processing Times

The length of a tax audit can vary greatly depending on the complexity of the case, ranging from a few months to over a year. We can help you understand what to expect based on your specific situation.

The timeline for filing an objection and receiving a decision can also vary widely, depending on the complexity of the issue and the current backlog at the CRA. However, it often takes several months.

The timeframe can vary, but typically, the CRA aims to process Voluntary Disclosure Program applications within 180 days. However, complex cases may take longer.

The length of Tax Court cases can vary widely based on the complexity of the case and the court’s schedule. It could take anywhere from several months to a few years from filing the Notice of Appeal to receiving the final decision.

Appeals

If you’re unable to pay your tax debt in full, options may include negotiating a payment plan with the CRA or applying for taxpayer relief. We can assist you in exploring these options and negotiating with the CRA on your behalf.

A remission order provides relief from tax, interest, or penalties when payment would cause undue hardship or when the CRA has made an error. They are rare and granted only in exceptional circumstances. If you believe a remission order may apply to your situation, we can help assess your case and guide you through the process.

If your Voluntary Disclosure Program application is denied, you can request a second review of your application within the CRA. If you’re still not satisfied, you may be able to seek judicial review of the decision in Federal Court. We can guide you through these steps.

If you’re not satisfied with the CRA’s decision regarding your objection, you can appeal the decision to the Tax Court of Canada. We can assist you in preparing the Notice of Appeal and represent you throughout the appeal process.

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