Immigration is the legal procedure that allows you to obtain
Permanent Resident status in Canada. As a permanent resident you are
issued an immigrant visa called a Record of Landing by the Canadian government
that allows you to live, work and study in Canada on a permanent basis.
There are a number of ways to obtain a Canadian Immigrant
Visa. The main categories for Canadian immigration are:
Independent Skilled Worker
Category
Business Immigration
Family Class Immigration
Canadian Experience Class
Temporary Residence in Canada
Temporary Residence in
Canada Status refers to people who wish to come to Canada to visit, work or
study. They are coming to Canada for a temporary period and are considered
visitors. Visitors require Visitor Visas, unless they are citizens of visa
exempt countries.
Refugee protection is not limited to those who might qualify as
refugees according to the 1951 Geneva Convention on Refugees, but also applies
to potential victims under the Convention Against Torture (CAT), and persons
who face a threat to their life or cruel and unusual treatment.
Claims
for protection can be made from within or outside of Canada. The Canadian
government assesses each claim on its own merits, and according to Canadian
law. Claims made outside of Canada are assessed by a visa officer on the basis
of written submissions and, usually, an interview. Claims made inside Canada
are usually heard at independent tribunal hearings. However, some claims made
inside Canada are considered ineligible for the tribunal hearing, and are
considered by an immigration officer, usually on the basis of written
supporting material.
Judicial Review
Decision made by a Canadian
immigration official can be challenged in the Federal Court of Canada. These
“challenges” before the Federal Court are usually described as an
“application for judicial review”.
An aggrieved party may
file an Application for Leave and Judicial Review within fifteen (15) days of
receiving the negative decision from the Immigration and Refugee Board (IRB),
Refugee Protection Division (RPD), or sixty (60) days of receiving the refusal
letter from a Canadian visa post abroad.
We can assist you with your
application for temporary or permanent residence in Canada or act o your behalf
in an application for Judicial Review.
