When a foreign national is ordered to leave Canada by a certain date, it is possible to contest a removal order through a deferral request and stay of removal proceedings. In the best-case scenario, the removal can be postponed. In other words, it is not possible for our immigration authorities to halt the removal for an indefinite period of time. Deferral request: Canadian Border Services Agency (CBSA) will generally give the foreign national a month or so to purchase a one-way ticket and make necessary

Significant benefit work permit (or C10) is an LMIA-exempt work permit that is generally available to the foreign nationals who can demonstrate that their work in Canada will bring significant economic, cultural or social benefit or opportunities to Canadians. This work permit category is not frequently used. As a matter of fact, it is meant to be rarely used. All work permits fall under one of the following categories: LMIA-based work permits; and LMIA-exempt work permits. Most employers and foreign workers prefer the latter because

If a foreign national has been deported from Canada, they are deemed inadmissible to Canada. In other words, they cannot return to Canada. The only way to overcome this inadmissibility and be able to return to Canada is to obtain a special permission called “authorization to return to Canada”. It does not matter if the purpose of the return is to visit, study, or work, or if the foreign national wants to apply for permanent residence as a spouse of a Canadian. It also does

Apollaw Immigration is pleased to announce that we have been recognized as one of top immigration law firms in Hamilton. We thank our clients and community for the continuous support.

This article was initially published in the June edition of The Hamilton Law Association Journal Foreign nationals who have been found to have committed crimes against humanity cannot visit, study, work or immigrate to Canada. The question of inadmissibility will generally be raised if the foreign national (hereinafter the “applicant”) was a member of military, police or security forces that are deemed to have participated in gross violations of human rights. The issue, however, is that Immigration, Refugees and Citizenship Canada (hereinafter “IRCC”) can sometimes

Lawyers who practice outside of Quebec need a special authorization to represent their clients in Quebec-related immigration matters. Many of my colleagues outside of la belle province are reluctant to take Quebec files because of this requirement, which is unique to practicing law in Quebec. Since I obtained my new special authorization last month, the purpose of this short article is to explain the process of obtaining special authorization. The process is not that complicated and does not take up a lot of time. I

A new 2-year pilot program was recently launched to attract foreign entrepreneurs interested in becoming Canadian permanent residents. It was my honour to attend the launch that was held last week in the beautiful McMaster Innovation Park. This special program, OINP Entrepreneur Success Initiative, is currently available only to those foreign entrepreneurs who are looking to invest in a business in the Hamilton area.  While the program is supported by Ontario’s Ministry of Labour, Immigration, Training and Skills Development, it is administered by Toronto Business

Mandamus is a wonderful tool to compel Immigration, Refugees and Citizenship Canada (IRCC) to finally decide on an application that has been stuck for a long time for no apparent reason. Unfortunately, IRCC sometimes prolongs processing of a permanent or temporary residence application without any explanation. This can make the applicants confused, frustrated, and anxious, especially if they are waiting to reunite with their family in Canada. According to the data published on the IRCC website last month, nearly half (918,300 to be exact) of

Filing a refugee claim in Canada has become more challenging since the launch of the new refugee portal past month. The portal ignores that many refugee claimants are not tech-savvy or equipped to understand some of the very specific questions in the portal. This can open the floodgates to misrepresentation allegations, which can further undermine the refugee claims. All refugee claimants must answer the following questions before they submit their claims: Have you ever had any serious disease, or physical or mental disorder? Do you

I was happy to see many orange t-shirts today. While September 30 is not a statutory holiday, it is commendable that this day is observed by many.   Since I come from a region where truth and reconciliation are a painful reminder of a promise yet to be fulfilled, I began to wonder what this day means or should mean for newcomers or immigrants. By accepting Canada as our homeland, we also acknowledge our duty to partake in the reconciliation process between Canada and its