Our Services
Affordable, effective, and expeditious immigration solutions
Service Procedure
We in our free assessment session carefully assess your circumstance and qualifications and let you have our preliminary opinion whether you would qualify for applying to Canada to become a permanent resident, for study, for work or any other programme you have in mind. If you do not qualify we will let you know in the first available opportunity so that you need not pay fees unnecessarily. We will provide you with an accurate estimate of the fees that is commensurate with the professional time involved in the work. We will appraise you of the entire process and provide you with an update of each step taken by us with regard to your application.With our thorough understanding of the immigration law, immigration manuals, the complexities involved in the process and updated knowledge of the ever changing requirements, we are best suited for undertaking your immigration needs. Please call us or send an Email to us to make an appointment.
Express Entry
The Canadian government has introduced a new immigration system that will offer \”express Entry\” to qualified immigrants starting from January 1, 2015. The Express Entry is not an immigration program but rather a system used by the Citizenship and Immigration Canada (CIC) to select candidates who are qualified to immigrate to Canada under any of the following key economic immigration programs.
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Federal Skilled Worker Program
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Federal Skilled Trades Program
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Canadian Experience Class
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Provincial Nominee Programs (partly)
The candidate eligible to immigrate to Canada under any of the above programs may enter the Express Entry pool by completing an online Express Entry Profile. The candidate are required to provide information about their work experience, language ability, education, age and other personal information. Once the profile is complete the candidate will be given points according to a Comprehensive Ranking System (CRS). The CRS points are based on the following:
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Core human capital factors
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Accompanying spouse or common-law partner factors. if applicable;
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Skill transferability factors
- Qualifying offer of arranged employment factor
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Provincial nomination factors
In addition the candidate who do not have an offer of arranged employment or provincial nomination are required to register themselves with the job bank of Canada.
The CIC will regularly invite the highest-ranking candidate from the pool to apply to immigrate. Once candidates have been invited to apply for permanent residence, they will need to submit a complete application and will have to meet eligibility and admissibility requirements such as health and security checks. The candidates will have up to 60 days to submit their application online.
We as immigration consultants will initially assess your eligibility to apply under any of the above program. If you are eligible we will complete your on line profile and registration with the Canadian Job Bank. Upon receipt of \”Invitation to Apply\” we will submit your online application for permanent residence.
For an assessment of your eligibility under any of the economic programs and assistance with an Express Entry Profile please Email your resume to info@lancanimmigration.com.
Federal Skilled Workers
Under the Federal skill worker programme currently in force in order to satisfy the basic eligibility, the applicant must
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Have one year of continuous full-time (or an equal amount of continuous part-time) paid work experience in one of the eligible occupations within the last 10 years OR
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Have a valid offer of arranged employment OR
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Be an international student who is enrolled in a PhD programme in Canada or who has graduated from a Canadian PhD programme within the past twelve months
The applicant must also satisfy the such minimum requirements as work experience, language and education. Once the applicant meet the above eligibility criteria and minimum requirements the applicant will be assessed against a point system consisting of six selection factors namely level of education, language proficiency, length of work experience, age, arrange employment and adaptability.
Those who will reach the pass mark of 67 and over will be eligible for selection as Permanent Residents under the programme. For a free assessment of your eligibility, please e mail your complete resume to info@lancanimmigration.com.
Federal Skilled Trade Programme
The Federal Skilled Trades Programme is for people who want to become permanent residents based on being qualified in a skilled trade. The applicant must
- have at least two years of full time work experience ( or an equal amount of part time work experience) in a skilled trade within the five years after becoming qualified to independently practice that occupation
- meet the job requirement for that skilled trade as per National Occupation Classification (NOC)
- have an offer of full time employment for a total period of at least one year or a certificate of qualification in that skilled trade issued by a provincial or territorial body.
- meet the required levels in English or French for each language ability.
If you satisfy the above criteria, you will be eligible to become a permanent resident of Canada.
For a free assessment of your eligibility,
please email your complete resume to info@lancanimmigration.com.
Canadian Experience Class
Individuals who have gained skilled work experience in Canada, such as temporary foreign workers and foreign students who graduated with a Canadian educational credential, often have the qualities to make a successful transition from temporary to permanent resident status as they are familiar with Canadian society, and have demonstrated the ability to contribute to the Canadian economy.
If you are proficient in English or French and have qualifying Canadian work experience, you may be eligible to apply for permanent residence under the Canadian Experience Class by using this application package.
Applications for Permanent Residence under the Canadian Experience Class can be submitted by individuals who have at least 12 months of qualifying Canadian work experience in a managerial, professional, skilled trade or technical occupation, and who meet the language proficiency requirements for their occupational skill level.
- The one year qualifying work experience ( or the equivalent in part- time) in Canada must be in occupations that falls under Skill Type 0, or Skill Level A or B of the National Occupational Classification (NOC).
- The work experience must have obtained within the 36 months preceding the date their application is received,
- the required level of English or French language proficiency (speaking, reading, listening and writing) for their occupational skill level.
The postsecondary students and temporary works having the required work experience as above will be eligible to apply under this class. This class is of interest to any international student who has come to Canada to study for a period of two years and work in Canada for at least one year after graduation.
For a free assessment of your eligibility, please email your complete resume to info@lancanimmigration.com.
Investors, Entrepreneurs & Self-Employed
The business immigration programme seeks to bring experience business people to Canada who can make a significant contribution to the thriving Canadian economy. This is a Federal programme which is independent from the Provincial Nominee Programme. Currently there are two streams under which people can immigrate to Canada as Permanent Residents.
They are
- Start- up visa and
- Self Employed Persons
Start -up visa
The Start -up programme links immigrant entrepreneurs with experience private sector organizations who are experts in evaluating business proposals and providing venture capital. To be eligible to receive a Start- up visa the applicant must have a business venture or idea that is supported by one of the following designated organizations.
- Designated Venture Capital Fund
- Designated Angel Investor Group
- Designated Business Incubators
In addition the applicant must meet the language requirement, one year of post secondary education and sufficient settlement funds.
Self Employed Persons
The self employed persons programme seeks to attract people who will become self employed in Canada. They must have either
- relevant experience in cultural activities or athletics and be able to make a significant contribution to the cultural or athletic life in Canada
- experience in Farm Management and be able to buy and manage a farm in Canada.
For a free assessment of your eligibility, please e mail your complete resume to info@lancanimmigration.com.
Family Sponsorship
Canadian citizens and Permanent Residents can sponsor the following classes of persons under the Family Sponsorship programme
Spouse, Common-Law Partner or Conjugal Partner:
A spouse means husband or wife who are legally married. If the marriage took place outside Canada, it should be valid both under the Laws of the jurisdiction where it took place and under the Canadian law. Common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having cohabited for a period of one year Conjugal Partner, means , in relation to a sponsor, a foreign national residing outside Canada who is in a conjugal relationship with the sponsor and has been in that relationship for a period of at least one year.
Dependent Children
A sponsor\’s dependent children includes biological children or legally adopted children who are in one of the following situations of dependency.
- Is less than 19 years of age and is not a spouse or common- law partner, OR
- Is 19 years of age or older and has depended substantially on the financial support of the parent since before the age of 19 and is unable to be financially self-supporting due to a physical or mental condition.
Accordingly a child will not be considered a dependent if he is married or in a common-law relationship. The children with a physical or mental condition that prevent them from being able to financially support themselves will continue to be considered as dependent.
Parents and Grand Parents Scheme
This programme allow Canadian permanent residents and citizens to reunite with their parents and grandparents by way of sponsorship. They can be sponsored to become permanent residents. The parent and grandparents continue to be eligible for a super visa.
The permanent residents and citizens have to provide proof that they have financial resources to meet the minimum necessary income ( MNI) per household. CIC has published a Minimum Necessary Income Table showing how much household earning is required taking in to account the number of members in the house hold including the persons being sponsored.
CIC requires the sponsor to provide notice of assessment for the previous three years as proof of income. In addition the sponsors are required to provide an undertaking to the Canadian government for a period of 20 years.
In the event the parents are sponsored they may also bring their dependent children with them. That means the sponsor\’s siblings too may be eligible to become permanent residents.
Orphans
Orphan is a person whose both parents are deceased. An orphaned brother, sister, nephew, niece or grand child who are unmarried and under the age of 18 can be sponsored.
Adopted person
Person under 18 years whom the sponsor intend to adopt in Canada
Relative of the sponsor
A relative of the sponsor ( anyone connected by blood or adoption) regardless of age if the Sponsor does not have any relative in Canada who is a Canadian or Permanent Resident
Refugee claimant
Sponsor ship application procedure is complex. Both the sponsor and the sponsored persons must meet certain requirements stipulated in the Act and the regulations in order to qualify. The Sponsor must give an undertaking to provide financial assistance to the sponsored person to establish himself financially in Canada. This undertaking remains valid for 3 years in the case of a Spouse and 10 years in the case of a child or until child turns 25 whichever comes first. The Sponsor must satisfy minimum income requirement to be eligible to sponsor a family member other than spouse, common- law partner or conjugal partner and dependent children. The sponsor of a spouse is subject to a five year sponsorship bar. This means a person cannot be sponsored as a spouse, a common – law partner or a conjugal partner if the sponsor has sponsored another spouse in the past and five year period have not passed since that person has become a permanent resident.
The sponsor and sponsored spouse must live together in a legitimate relationship for two years from the day the sponsored spouse receive permanent status in Canada, if they have been in a relationship of less than two years or have no children in common.
For a free assessment of your eligibility, please e mail your complete resume to info@lancanimmigration.com.
Provincial Nominee Programme
Canada has entered in to bi-lateral agreements with all provinces( except Quebec) and with the Yukon and Northwest Territories to allow the provinces nominate individuals to become permanent residents based on the provinces\’ assessment of the nominees\’ ability to contribute the economic growth and development of that province. These nominees must have the skills, education and work experience or adequate capital to set up a business, in order to contribute to the economy of that province or territory. They must agree to settle down in the province from whom they receive the nomination.
To apply under the Provincial Nominee Program, the person must:
- be nominated by a specific Canadian province or territory, then
- apply to Citizenship and Immigration Canada (CIC) to become a permanent resident of Canada.
Each participating province and territory has its own nomination guidelines.
Live-In Caregivers
Live- in Caregivers are individuals who are qualified to provide care for children, elderly persons or persons with disabilities in private homes without supervision. Live-in Caregivers must live in the private home where they work in Canada.
Live- in Caregivers are eligible to apply for permanent residence status, if they work at least 24 months or a total of 3900 hours in a minimum of 22 months within the 4 years immediately following the entry.
Those wishing to come to Canada as Live-in Caregiver have to apply for a work permit in the first instance to enable them to come to Canada and work as a caregiver.
The Live-in Caregiver applicant needs
- a positive Labour Market Opinion (LMO) from an employer in Canada
- a written contract with the employer signed by both the applicant and employer
- successful completion of education equivalent to Canadian Secondary School education
- at least six months training or one year of full time paid work experience as a care giver in a related field or occupation in the past three years
- good knowledge of English or French
For a free assessment of your eligibility, please e mail your complete resume to info@lancanimmigration.com.
Refugees & Persons In Need Of Protection
Canada grants protection to convention refugees and persons in need of protection under a number of United Nations conventions to which it is a signatory. These include the , 1951 Convention Relating to the Status of Refugees and 1967 protocol ( 1951 Refugee Convention), 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or punishment. The obligation that flow from these instruments are reflected in the Immigration and Refugee Protection Act.
Convention refugee
Convention Refugee is a person who, by reasons of a well founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion, is outside his country of nationality and is unable or, by reason of that fear, unwilling to avail himself of the protection of that country
Person in need of protection
A person in need of protection is a person in Canada whose removal to his country of nationality, would subject them personally to a danger believed on substantial ground to exist, of torture within the meaning of Article 1 of the Convention Against Torture or to a risk to his life or to a risk of cruel and unusual treatment or punishment.
If you are faced with an unfortunate situation requiring you to claim protection as a convention refugee or a person in need of protection, we as Consultants will assist you in every way possible for you to make a refugee claim with the Immigration and Refugee Board ( IRB) and appear for you at the hearing of the Refugee Protection Division.
Refugee claim can be made either at a port of entry or at an inland office. After the initial eligibility assessment the claim will be referred to the Immigration Refugee Board for a hearing. Normally a hearing will take place within 60 days from the date of referral of the claim to the IRB.
In the event your claim for refugee protection is successful, you will be eligible to receive Permanent Residence Status in Canada.
If you feel that your circumstance warrant making a claim for refugee protection please call us for a free assessment or e mail your details to info@lancanimmigration.com
Please note all the information conveyed to us will be treated with strict confidence.
Visit Canada
Visit as a Tourist
Citizens of certain countries need a visa to visit Canada. This is known as Temporary Resident Visa. Application for such visa must be submitted to the nearest Canadian embassy.
Anyone visiting Canada has to convince the immigration officer that he has ties such as a job, financial asset, or family that will take him back to his home country. He must also convince the officer that he will leave Canada at the end of his visit. He must have sufficient money for the duration of the stay. He may be required in some instances to undergo a medical exam. A letter of invitation from the host may be required in most instances. The visa is normally given for a period of six months upon arrival at the port of entry.
Business Visitor
Business visitor is person who visit Canada to look for ways to grow his business, invest or advance his business relationship with Canadian companies. He must show that he does not plan to enter labour market in Canada and his principal place of business and source of income and profit is outside Canada. A letter of invitation from a potential business partner in Canada is required.
Parent and Grandparent Super Visa
Parents and Grandparents of Canadian Citizens and Permanent Residence are eligible to apply for a Parent and Grandparent Super Visa. This visa is valid for a period of ten years and will let the applicant to visit for up to two years without renewing the status.
The applicant must be a parent or grandparent of a Canadian citizen or permanent residence of Canada. The visa officer will look for whether the applicant will return to his home country after the visit. The applicant ties to his home country, family and finances, overall stability of the country are some of the requirement that may be looked for. The applicant must prove that;
- child or grandchild in Canada is either a citizen or permanent resident and meet the minimum requirement of income threshold.
- child or grand child will provide financial support to the applicant
- he has a valid Canadian medical insurance coverage for at least one year
- he passed an immigration medical exam.
If you require any assistance in applying for a Visa to visit Canada under any of the above please call us or send an e mail to info@lancanimmigration.com
Work In Canada
There are certain jobs in Canada which are exempted from the requirement of a work permit. These jobs are listed in the IRPA regulations. They are;
Athletes and coaches, Aviation accident or incident investigators, Business visitors, Civil aviation inspectors, Clergy, Convention organizers, Crew members, Emergency service providers, Examiners and evaluators, Expert witnesses or investigators, Foreign government officers, Foreign representatives, Health care students, Judges, referees and similar officials, Military personnel, News reporters, film and media crews, Performing artists, Public speakers and Students working on campus.
All the other jobs in Canada requires a work permit and a positive Labour Market Opinion. The employer who is willing to employ a foreign national needs to get a LMO from the Government of Canada. This is a documents which gives permission to the employer to hire a foreign national.
However there are certain categories of jobs which are exempted from the LMO requirement. They according to IRPA regulations are a follows.;
Workers covered under international agreements, people taking part in exchange programmes, souses of certain foreign student and foreign workers, workers nominated by provinces for permanent residence, entrepreneurs and workers transferred within the company, academics and students, co-op students, religious workers and people waiting for determination of refugee claims.
Applying for a work permit
A person who want to work in Canada needs normally to apply for work permit from outside Canada. There is also provision for some people to apply for a work permit inside Canada or as he enters Canada.
When a person applying for a work permit from outside Canada his application must be made to the local visa office. The most important documents among other documents are
- job offer or contract from the prospective employer including description of job duties, salary and anticipated job duration
- copy of Labour Market Opinion from the government of Canada
- evidence that you meet the requirement of the job. Some proof include educational requirement, experience and Canadian certificate that me be required for the job.
A person who are eligible to apply to apply from inside Canada must
- be currently in Canada and have a valid study/ work permit or the spouse possessing a study/work permit
- have graduated from a Canadian pest secondary institution
- have a temporary resident permit valid for six months
- have applied for permanent residence within Canada
There is also provision for people to apply for a work permit as such person enters Canada. This is mainly for people who do not require a visa to enter Canada and does need a valid LMO.
If you require any assistance in applying for a work permit to work in Canada, please call us or send an e mail to info@lancanimmigration.com
Study In Canada
To study in Canada as a student you will need a Study Permit. Study Permit is a written authorization issued to foreign students authorizing them to engage in studies in Canada. Study permit is required for studies undertaken at a University , College, or any course of academic, professional or vocational training.
There is wide selection of academic institutions in Canada There are over 125 Universities and Colleges across Canada offering more than 10,000 programmes of study at Undergraduate, Master\’s and PhD level. In addition there are over 138 Community Colleges and Institutions offering Post-Graduate and Bachelor\’s degrees. Wide range of institutions which includes Private Career Colleges and Vocational schools which provides training for specific careers and Language Schools for languages too would qualify for the purpose of study permits.
To be eligible for a study permit the student must
- have received acceptance from a school, college, university or other institution in Canada for a programme of study
- have sufficient money to pay for tuition fees and living expenses during the programme of study
- satisfy the immigration officer that he will leave Canada at the end of the authorized period of study.
- be in good health.
As a international student you are eligible for
On Campus Employment
Student of a full time post secondary programme is to work without a work permit on the Campus of the university or college at which he is registered as a full time student.
Off Campus Work
Study permit holders for full time studies in Canada in a Designated Learning Institution are eligible work off campus without a work permit. They may work 20 hours per week during regular academic cessions and work full time during scheduled breaks such as winter, summer holidays and spring breaks.
Post Graduate Work Permit Programme (PGWWP)
This programme allows students who have graduated from a participating post secondary institution to apply for a work permit to work in Canada to gain Canadian work experience. No need for a LMO. The work permit is valid for a maximum of 3 years.
International students graduated from any Canadian Post Secondary Institution with Canadian experience are eligible to apply for Permanent Resident Status under various Provincial Nominee Programme currently in force. Students who have graduated from a Canadian Institution with at least one year experience after graduation will be eligible to apply for permanent residence under Canadian Experience Class too.
If you require any assistance in applying for a study permit to study in Canada, please call us or send an e mail to info@lancanimmigration.com
Citizenship
Permanent Residents who are 18 years of age or older are eligible apply for Canadian Citizenship if they;
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- Have been physically present in Canada as a permanent resident for at least 1460 days during the six years immediately before the date of application for citizenship. They must also be physically present for at least 183 days during each of four calendar years that are fully or partially within the six years immediately before the date of application. These requirements do not apply to children under 18. When calculating time lived in Canada, only the time spent after a person became a permanent resident of Canada will be counted. Exceptions to these requirements apply for certain Crown servants and certain family members of Crown servants.
- Have met the personal income tax filing obligations in four taxation years that are fully or partially within the six years immediately before the date they apply.
- Declare that they intent to reside in Canada during the citizenship application process. Once a person become a Canadian citizen, he has the right to enter, remain in, or leave Canada which is one of the basic rights of citizenship.
- Show that they have adequate knowledge of either English or French to take part in short, everyday conversations about common topics; understand simple instructions, questions and directions, use basic grammar, including simple structures and tenses and, show that they know enough common words and phrases to answer questions and express themselves. Those who are 14 to 64 years of age, must send documents with the citizenship application that prove that they can speak and listen in English or French at this level. Immigration officials will note how well an applicant will communicate to staff during the citizenship interview.
- Understand the rights, responsibilities and privileges of citizenship, such as voting in elections and obeying the law. They must also show, in English or French, that they understand Canada’s history, values, institutions and symbols.
Those who are between 14 to 64 years of age, when they apply for citizenship, will need to take a citizenship test to show that they have adequate knowledge of Canada and the responsibilities and privileges of citizenship. It is usually a written test, but it is sometimes taken orally with a citizenship officer. The test will be based on the contents of the CIC’s free study guide titled Discover Canada: The Rights and Responsibilities of Citizenship.
If an applicant has committed a crime in or outside Canada, he may not be eligible to become a Canadian citizen.
If you require any assistance in applying for citizenship in Canada, please call us or send an email to info@lancanimmigration.com
Renewal Of Permanent Residence Card
PR card is a status document. It is a new requirement under the Law to provide PRs and protected persons with a document indicating their status. There is a presumption that if a person is outside Canada without a status document is not a PR. Record of Landing is not a status document.
PR card is normally valid for five years. IRPA imposes a residency obligation on the Permanent Residents.
PR complies with residency obligation with respect to a 5 year period if he can demonstrate that he was physically present in Canada 730 days. The period outside Canada is considered as present in Canada if the PR is outside Canada
- accompanying a Canadian citizen who is Spouse, CLP or a child accompanying parent
- employed full time by Canadian business/public service/provincial public service
- is an accompanying spouse, CLP or child of a permanent resident who is employed by Canadian Business/public service/provincial public service
People who became PR less than 5 years back they would comply with residency obligation if the can demonstrate that they can comply with residency obligation. Even if a person is away for 3 yrs following the date of first arrival in Canada he will still have the possibility of meeting the residency obligation.
If you require any assistance in applying for renewal of your PR Card please call us or send an e mail to info@lancanimmigration.com
Admissibility Hearings
Admissibility hearing means a hearing held under section 44(2) of the IRPA concerning a person who is alleged to be inadmissible to Canada or alleged to have violated the provisions of the Act.
A permanent resident or foreign national may be inadmissible to Canada due to a variety of reasons.
Such reasons are security, violation of human rights or international rights, serious criminality, organized criminality, health grounds, financial reasons, misrepresentation, cessation of refugee protection, non compliance with the Act and inadmissible family member.
Admissibility hearing is conducted by a member of the Immigration Division of the Immigration and Refugee Board ( IRB). IRB being an administrative tribunal is subject to principles of natural justice and civil in nature.
Such a hearing may result in a removal order being issued against the person who is deemed to be inadmissible to Canada due to reasons mentioned above. The removal order may be a Departure Order, Exclusion Order or Deportation Order depending on the nature of inadmissibility. The removal order may be enforced by the removal of the person from Canada.
In the event of an unfortunate situation where you have been issued with a report requiring you to appear at an admissibility hearing it is important for you to contact an Immigration Consultant or a Lawyer to represent you at such a hearing. We as experienced Immigration Consultants will be happy to appear for you at such a hearing and ensure that your rights under the law is protected.
If you require us to represent you in connection with an admissibility hearing please call us or send an e mail to info@lancanimmigration.com
Detention Reviews
An Immigration officer may arrest without a warrant and detain a foreign national, other than a protected person who the officer has a reasonable ground to believe that the foreign national
- is inadmissible; and
- is a danger to the public; or
- is unlikely to appear for examination, an admissibility hearing, removal from Canada or at a proceeding that could lead to the making of a removal order; or
- has failed to established his identity
An immigration officer may issue a warrant for the arrest and detention of a Permanent Resident or a Foreign National if the officer has a reasonable ground to believe that the PR
- is inadmissible; and
- is a danger to the public; or
- is unlikely to appear for examination, an admissibility hearing, removal from Canada or at a proceeding that could lead to the making of a removal order
The purpose of the detention review is to determine whether there are valid reasons for the detention and if the member of the immigration find that reasons are not valid he must release the person with or without condition. If the member finds that there are valid reasons for detention he must either maintain such detention or release the person subject conditions. Such conditions may require the person concerned to furnish a performance bond / cash bond to report to CBSA at pre determined dates in the future.
The first detention review take place within 24 hours of detention and the second review within 7 days of the first review and thereafter periodically every 30 days.
In the event of an unfortunate situation where you have been detained by the immigration officials it is important for you to contact an Immigration Consultant or a Lawyer to represent you at any of the detention reviews to protect your legal rights. We as experienced Immigration Consultants will be happy to appear for you at such a hearing and ensure that your rights under the law is protected.
If you require us to represent you in connection with a detention review please call us or send an e mail to info@lancanimmigration.com
Immigration Appeal Division
Immigration Appeal Division has jurisdiction to review the appeals being made in the following circumstances
- Sponsor against the refusal of a sponsorship application
- Foreign national who hold a PR visa against a removal orde made at an examination or admissibility hearing
- Permanent resident or protected person against a removal order made at an examination or admissibility hearing
- Permanent resident against a decision made outside Canada on the non compliance of residency obligation
- The minister against a decision of an immigration division.
No appeal can be made by a foreign national or permanent resident or a sponsor if the determination of inadmissibility is based on the ground of security, violation of human or international rights, serious crimes, organized crimes or misrepresentation unless the foreign national is sponsor\’s spouse or child.
Notice of appeal must be given to the Immigration Appeal Division within a time limit specified in the IAD regulations. Immigration Appeal Division has equitable jurisdiction which may warrant considering an appeal favorably on humanitarian and compassionate considerations even if the decision is valid in law. Once the appeal has been made within the time limit the Immigration Appeal Division will conduct a hearing before a decision is taken.
If an appeal has to be made to the Immigration Appeal Division it is it is important for you to contact an Immigration Consultant or a Lawyer to represent you for filing such appeal within the time limit and represent you throughout the process.
We as experienced Immigration Consultants will be happy to act on your behalf in filing an appeal and appear for you at an IAD hearing so as to ensure that your rights under the law is protected.
If you require us to represent you in connection with an appeal to IAD please call us or send an e mail to info@lancanimmigration.com
Refugee Claims Process
A claim for refugee protection can be made either at a port of entry with the CBSA or at an inland office of the CIC. CBSA officer or CIC officer will determine whether the person making the claim is eligible for referral to Refugee Protection Division of the Immigration and Refugee Board. (IRB).
The claims are ineligible for referral to IRB if the person
- has made a previous claim in Canada that was rejected by the IRB
- has made a previous claim that was found t be ineligible to refer to IRB
- has abandoned or withdrawn a previous refugee claim
- has got refugee status in another country
- is barred under the Safe Third Country Agreement
- inadmissible on security or certain criminality grounds.
If the CBSA officer determines that the claim is found eligible the person will be given
- a refugee claimant identity document which, includes the Interim Federal Health Programme
- date for a refugee determination hearing at the IRB
- a Basis Of Claim (BOC) form to be completed in 15 days
- a conditional removal order
When a claim is made at an inland office the person making the claim is given a BOC form for completion and bring it back at time given for the eligibility interview. If the officer find that the claim is eligible the person is given
- a refugee claimant identity document which includes the Interim Federal Health Programme
- date for a refugee hearing at the Immigration and Refugee Board
- a conditional removal order
Date for the refugee hearing has to be fixed within 60 days from the date of referral of the claim to IRB for the claimants other than the claimants from Designated Country Of Origin (DCO). The hearing date for claims of persons from DCO countries will take place within 45 days.
At the conclusion of the hearing the refugee protection Division of the IRB will determine whether the claimant is eligible for convention refugee status or whether he is a person in need of protection. Once the person has been recognized as a convention refugee or a person in need of protection such person is eligible to receive permanent residence status.
If the claim is rejected the IRB will issue a removal order against the claimant.
The success of your claim for refugee protection will depend on the evidence given by you and the evidence given by the witnesses for you, the documentary evidence, oral and written submission of the counsel retained by you for the hearing. The manner in which the hearing is conducted is also of utmost importance.
It is therefore important for you to retain an immigration consultant or a lawyer when making a refugee claim. The involvement of the immigration consultant or a lawyer right from the beginning of the process would result in his being able to make a best possible claim in your circumstances.
If you require us to represent you in connection with a refugee claim please call us or send an e mail to info@lancanimmigration.com
Refugee Appeal Division
A failed refugee claimant has a right to make an appeal to the Refugee Appeal Division against the decision of the Refugee Protection Division. The appeal must be based on a question of Law, of facts or on a question of mixed law and facts. The time limit for filing a notice of appeal is 15 days after the appellant receives the reasons for the decision. Time limit for perfecting an appeal is 30 days. Perfecting an appeal means filing the appellant\’s record comprising transcripts, documents, new evidence, case law or a request for a oral hearing if necessary. Following persons cannot appeal to RAD
- person from a Designated Country of Origin (DCO)
- person declared as a Designated Foreign National (DFN)
- person whose claim was referred as an exception to the Safe Third Country Agreement
- person whose claim has been decided by the RPD as manifestly unfounded or as having no credible basis
- person whose claim was withdrawn or declared abandoned
- person whose claim was referred to the IRB before the coming into force of the new refugee protection provisions
In addition, a person cannot appeal to RAD about:
- a decision from a rehearing of a claim that was referred to the IRB before the coming into force of the new refugee protection provisions
- a decision on a Minister\’s application to vacate refugee protection or on a Minister\’s application for cessation of refugee protection
- the deemed rejection of a claim because of an order of surrender under the Extradition Act
- a decision on a pre-removal risk assessment (PRRA)
If you require us to represent you in connection with a decision that has be to appealed to RAD please call us or send an e mail to info@lancanimmigration.com
Pre Risk Removal Assessment (PRRA)
Persons who are subject to removal orders can apply for PRRA. PRRA has same protection objectives as the refugee determination principles.
The purpose of PRRA is to determine whether the evidence presented indicates that there is more than a mere possibility that the applicant will be at a risk of persecution as stipulated in the Convention Refugee definition or whether he will likely be at risk of torture as defined by the Convention Against Torture or whether he will likely be at risk of cruel and unusual treatment, punishment or risk to life within the meaning of the Immigration and Refugee Protection Act if removed to that person\’s country of nationality.
Who can apply for PRRA
- Persons whose refugee claims have been rejected (Including those withdrawn and abandoned)
- Persons whose refugee claim is ineligible for referral to RPD ( Except those ineligible due to Safe Third Country Rule)
- Individuals who left Canada following a rejected refugee claim or PRRA and more than six months have passed since their departure from Canada
- Previous PRRA applicants who are still in Canada
- others individuals who never previously sought refugee protection in Canada and now facing removal
Who may not apply for PRRA
- A person who is subject to Extradition Procedure
- person who is eligible under Safe third country provision
- Failed refugee removed from Canada less than six months back
- Protected person in Canada
- Found to be a Refugee in another country
- Person named in a security certificate found to be reasonable.
PRRA application has to be submitted within 15 days from the receipt of notification requiring the person avail himself of the protection afforded under the PRRA.
If you require us to represent you in connection with your PRRA application please call us or send an e mail to info@lancanimmigration.com
