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Success: Super Visa

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Grandparents are vitally important to taking care of children. On many levels, older individuals contribute to the family in Canada. They are able to share their family history from their home country, teach their cultural background and speak with the children in their native language. All of these points are extremely important for the family in Canada to remain connected with their roots. One of the differences between the “multicultural” approach in Canada and the “melting pot” approach in the USA is that Canada wants newcomers to remain connected with their roots.

As I have previously published in this space, the Conservative government froze the Parent and Grandparent Sponsorship application. They created the Super Visa application to replace the sponsorship application. An Applicant with a Super Visa has temporary status and they do not have access to the Canadian health care system. At the same time, they are able to spend long periods with their family in Canada. When the Liberal party was elected in 2016, they reinstated the Parent and Grandparent Sponsorship application; however, it is extremely difficult to “win” the lottery to have the chance to submit that application. In many cases, the family’s best option is the Super Visa.

We were retained by a family to prepare and submit a Super Visa. This was a complex situation with multiple refusals. We took the refusal to Federal Court and we successfully negotiated a Settlement Offer from the Department of Justice. That Offer sent the application back to the Visa Office. At this point, we submitted new forms and new evidence for the Officer.

In the end, we successfully obtained the Super Visa for our client. This grandfather is now able to come and spend lengthy periods of time with the family in Winnipeg. The parents who are Permanent Residents, are both extremely busy professionals and they want the grandfather to help care for their children. The grandfather/ applicant is retired and he is extremely knowledgeable about their culture and family traditions. He now has the opportunity to come to Winnipeg and pass along this important knowledge and experience to his grandchildren so they remain connected to their roots.

We love helping parents and grandparents come to Canada. As described above, IRCC Officer can be strict when they assess these applications and we may need to appeal the decision. We have also been successful with the appeal process and you can click here to read about one of these cases we have published online. 

News: MB is #1 for Child Care

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Recently, we posted the news that Winnipeg has been awarded one of the most livable cities in Canada and it is the best city for raising children, according to The Globe and Mail. We have more information related to that determination.

Cities in Saskatchewan, Manitoba and Newfoundland and Labrador are leading the country on offering $10-a-day child-care services, but the availability of spaces remains an obstacle, says a new survey.

In our experience, this is 100% correct. We have helped many families move from Ontario to Manitoba. One of the reasons is that housing in Ontario is unaffordable and the cost of living is too high.

As noted in this graph, the average (median) cost of child care in Winnipeg ranges from $217 per month to $651 per month.

In comparison, the average (median) cost of child care in Toronto ranges from $903 per month to $1866 per month.

To be clear, the most expensive child care in Winnipeg is significantly less than the cheapest child care in Toronto.

HOW CAN YOU MOVE TO MANITOBA?

We love helping people come to Manitoba, especially families. Alastair Clarke and his family moved from Toronto to Winnipeg in 2013. At that time, with 2 kids in child care, he and his wife were spending $3,500 per month on child care and $2,500 per month on rent. It was clear that Winnipeg had better opportunities for both housing and for taking care of children.

Canada’s Most Livable Cities

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IRCC has set high goals for the next few years. Canada will welcome more than 1 million new Permanent Residents over the next 2 years. They need to figure out: which is the best city for them and their families? Which place is best for raising children? Which city has affordable housing? Where can they get support? Where can they find strong settlement services? Which city will be welcoming to newcomers?

The Globe and Mail did an investigation to find the most livable cities in Canada.

Overall, Winnipeg is ranked #3 in Canada. In terms of raising children, Winnipeg is ranked #1 in Canada.

As noted by the Globe and Mail:

For this family-focused ranking, we placed increased importance on variables related to housing and education as well as proximity to child care. We wanted to identify communities with affordable housing that also offer access to quality education. Unlike our overall ranking, this one also integrated the percentage of families with children at home to identify communities where there are higher concentrations of kids.

Did the Globe and Mail look at every city? No. They focused this ranking on 439 cities from across Canada:

We’ve collected data from 439 cities across the country, each with a population exceeding 10,000. Our evaluation involved an analysis of 43 variables, which span 10 categories that we’ve identified as particularly crucial when an individual contemplates relocating to a new area. These categories are Economy, Housing, Demographics, Health Care, Safety, Education, Community, Amenities, Transportation and Climate.

Based on the criteria above, Winnipeg was ranked #1 of the 439 cities. Very impressive!

If you are interested in listening to the researcher who organized this ranking, please listen to the Globe and Mail podcast the Decibel. Here is the description:

Where is the most livable city in Canada? The Globe and Mail ranked more than 400 cities across the country to find out. Using data to capture qualities that matter most – affordability, safety, education and access to amenities and health care – these rankings will help Canadians find the cities that are best for them, based on their own circumstances.

The Globe’s data editor Mahima Singh and personal finance reporter Salmaan Farooqui join the show to explain the methodology behind the project and why a certain city on the west coast takes the top spot.

One point that was highlighted in the podcast is that climate/ weather has a low impact on the ranking. Many folks in Canada seem to think that Winnipeg is not such a great place to live because the winters can be difficult and long. It is true that winters here can be difficult. Personally, I find FEB/ MARCH to be the most difficult months as the temperature is still cold but the river skating has closed and the streets are dirty from all the sand from winter.

On a personal note, I (Alastair Clarke) have lived in Edmonton (Alberta), Victoria (BC), Vancouver (BC), Toronto (ON), Kingston (ON), Montreal (Quebec) and Winnipeg (Manitoba). During the 4 years I lived in Victoria, BC, the city that was ranked #1 overall in Canada, I loved living in that city. The main issue with Victoria is the cost of living.  Everything was expensive. From bagels to gas to housing, the prices in Victoria are higher than other parts of Canada. I love to travel and explore different cities. I have moved 24 times and lived on continents. During those 4 years in Victoria, it was very difficult to save money because the daily cost of living is so high. Winnipeg, in contrast, is the most affordable city in Canada where I have lived. Housing is extremely affordable. Salaries are great. Cost of living is low. So my family has been able to save money and enjoy a higher standard of living.

Overall, I agree with this ranking. My friends in Edmonton complain about the cost of housing. I have DINK friends in Vancouver who have given up on the idea of ever buying a house. They dream of buying a small condo. I have other DINK friends in Toronto (2 nurses) who plan to rent indefinitely. They have decided not to have kids because of all the costs related to children.

Is Winnipeg the Best City to Raise Children?

Here at CIL, we are bias, of course. We love helping clients come to Manitoba and we try to make them feel as welcome as possible. We are connected with many community groups and organizations that provide settlement services.

As noted by the Winnipeg Free Press:

Gillingham pointed to Winnipeg’s home prices. Buying a house is “still attainable” compared to other Canadian cities, he stated.

The average Manitoba home cost $344,478 last October, according to Canadian Real Estate Association data. The national average was $656,625.

Gillingham applauded Winnipeg’s art, sports and post-secondary scenes.

“We have so much to offer in our city that I believe is and can be very attractive to others from across the country,” he said.

Ryan Kuffner, chief executive of Economic Development Winnipeg, called the recognition “fantastic.”

We agree 100%. Schools in Winnipeg are great. We have many clients who move from places that have extremely expensive housing, like Toronto, to Winnipeg so they can actually afford a home for their families.

Is Winnipeg Really #1?

This question is extremely subjective. For us, Winnipeg is the perfect size. We have sufficient diversity of amazing restaurants, commuting is easy and everyone is super nice. It is really a great place to live.

I remember when we first moved in 2013, Winnipeg did not have a top notch ramen restaurant. (We love Japanese food from living in Japan for 3 years.). Then we discovered YUJIRO. Then Cho Ichi Ramen opened. Then other ramen restaurants opened. The restaurant scene in Winnipeg is highly underrated.

Recently, we went to NYC for a weekend and I wanted to try to world-famous Cronut at Dominque Ansel bakery. It was amazing. Absolutely. But where have I had the best cronut? Winnipeg. Cakeology has better pastries. 

My friends in Vancouver rave about hand crafted ice cream at Rocky Point. So I went to Vancouver to try it. Very good. But where is the best hand crafted ice cream? Winnipeg. Chaeban has better ice cream.

 

 

Success: IAD appeal

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Parents are so important to many families in Canada. Our clients pay their taxes, they work hard to make Canada a better place and they would like to be here with their parents. Unfortunately, it can be difficult to sponsor parents to come to Canada. Many of these applications are refused for many reasons, including the minimum necessary income requirement, medical requirements, or other elements to this application. Thankfully, we have won many, many cases at the IAD. We love appeals.

Visa Officers around the world scrutinize these applications. They may refuse an application based on minor mistakes. Many sponsors try to do the applications by themselves and they may get refusals. The IRCC refusal can be stressful for the family. They have already waited for a long time and the decision can be a shock.

In this case, our client has been trying to sponsor his parents. He has been working 3 jobs to bring up his income. As you may be aware, Visa Officers are focused on line 150 from the CRA Notices of Assessment. Every year, the MNI calculation changes, depending on the macroeconomic situation of residents in Canada. Our client’s application was refused and he came to us for help.

We were retained to help. We reviewed the application and GCMS notes. We redid many key parts of the application. We negotiated with Minister’s Counsel who defended the Officer’s decision. In the end, our appeal was allowed.

As you can see from the decision, the IAD was able to make its decision “IN CHAMBERS”. This means that we did not have an IAD hearing for this case. We were able to get a positive decision for our clients without oral evidence.

Our fees are based on the work involved, so our client’s fees for this case were very low. We did not charge for the testimony preparation or for the oral hearing. This makes sense, of course, but there are many lawyers out there who will charge exorbitant fees that are not based on the work they have actually done.

Success: P/GP Appeal re MNI

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The Parent and Grandparent sponsorship application has a storied past. Previously, the Conservative government suspended the application causing significant distress and hardship for individuals in Canada who sought to have their parents and/ or grandparents with them in Canada. The Conservatives replaced this application with the Super Visa, thus cutting off parents and/ or grandparents from permanent resident status. The Liberal government made a campaign promise to reinstate this application and they acknowledged the importance of parents and grandparents in the lives of people in Canada. The Liberals were successfully elected based, in part, on their promises to support individuals and families in Canada, including immigration reform. The reinstatement of the P/GP application was an important plank of the Liberal’s message. At first, once they took power, they were reluctant to allow many sponsors; however, we pushed them and we reminded them of their promises. In the end, they have allowed many sponsors to bring their parents and grandparents to Canada. We continue to push the government to accept more parents and grandparents.

For many of our clients, they need their parents to be with them in Canada. There are cultures and traditions that are based on the extended family being together. We regularly fight for our clients so they can have all their loved ones with them – under one roof.

Yesterday, we got a positive result from the IAD on a sponsorship application that was refused. It was refused based on our clients not meeting the Minimum Necessary Income (MNI) requirement for the application. We were able to work with the family and produce multiple packages of documents for the tribunal and for Minister’s Counsel. The key to winning this case was all the time and energy that we spent on our disclosure packages. We were able to clearly demonstrate the strong H&C factors. We had multiple negotiations with the Minister to achieve a positive result.

Congratulations to our clients! This application has been in process for many years. This family has been trying to reunite with their family members for a long time. This decision does not, unfortunately, mean that the applicant will be on a flight to Canada tomorrow. Even after this positive decision by the IAD, there are more steps before the applicant will be granted PR status.

For this appeal, we relied on the IRCC guidelines for the MNI calculation:

Income required for the 3 tax years right before the day you apply (sponsors applying in 2022)

Total number of people you’ll be responsible for 2021 2020 2019
2 people $32,898 $32,270 $41,007
3 people $40,444 $39,672 $50,414
4 people $49,106 $48,167 $61,209
5 people $55,694 $54,630 $69,423
6 people $62,814 $61,613 $78,296
7 people $69,934 $68,598 $87,172
If more than 7 people, for each additional person, add: $7,120 $6,985 $8,876

Since many sponsors may have been affected financially by the COVID-19 pandemic, the income requirement for the 2020 and 2021 tax years have been reduced to the minimum necessary income, instead of the minimum necessary income plus 30%.

Success: Sponsorship Appeal

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Readers may be aware of the many, many, many victories at the Immigration Appeal Division by Alastair Clarke and the team at Clarke Immigration Law. We get referrals from other lawyers based on our expertise on appeals. To be clear, these successes are a team effort, and winning appeals is no easy task. As I have been saying for +10 years, to win at the IAD, you need to prepare, prepare, prepare.

IAD appeal

We have redacted the File # and identifying information of the applicant.

It gives me great pleasure to report another success. The basic facts of the case: our client attempted to sponsor her mother who has been residing in Iran. Her mother (the applicant) has various medical conditions which have been getting worse over the years. The IRCC Officer considered the sponsorship application and it was refused based on medical inadmissibility. On appeal, we did not challenge the legal validity of the decision; however, we submitted ~500 pages of evidence and legal arguments related to the Officer’s decision. We acknowledged to the IAD the mother’s medical conditions trigger section 38 of IRPA. Thankfully, we have done significant work to amend section 38 of IRPA and our past work has helped 1000s of people. 

We won this appeal based on H&C factors. We were able to work with medical professionals and many members of the community to show the strong grounds for appeal. As noted by the IAD Member:

The Appellant had the burden of persuading me, with clear and convincing evidence, that, taking into account the best interests of any child directly affected by the decision, there are sufficient H&C considerations present to overcome the legal impediment. I determine on a balance of probabilities, that the Appellant has met the burden of proof.

Congratulations to this family! This victory means that a family will be reunited in Canada.

Currently, the IAD decision has not yet been publicly reported. Therefore, we have redacted our client’s name and other identifying information. In the future, if this decision is published, we may provide a link for the full decision.

For lawyers who are reading this post, it is very important, particularly with appeals, that counsel present themselves as the most reasonable person in the room. In my experience, that is good advocacy. I have published a lengthy post with tips on sponsorship appeals. 

URGENT – Parent Sponsorship

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IRCC has announced the sponsorship application for parents and grandparents has reopened. We will be ready at 11AM on 13 OCT 2020 to submit the Interest to Sponsor forms, on behalf of our clients.

For more information, please click on this link for more details from IRCC.

We expect the Interest to Sponsor website to be open for LESS THAN 15 MINUTES. If you would like the best chance at getting a spot, please contact our office ASAP to get a file ready. Our fees are only $500 for this service.Parents

As you know from reading our website, the parents and grandparents sponsorship application was scheduled to open at the beginning of 2020; however, due to COVID-19, it was delayed and it did not reopen. We have posted updates on this program as much as possible to keep folks informed on this chaotic situation. As we reported in DEC 2019:

Only sponsors and applicants who submit the interest to sponsor form in time will have the opportunity to submit a full application in 2020. At that point, we can assist to prepare the full application. There is a 60 day deadline to submit the full application. Based on previous experience with these applications, if a family is not eligible and/or the applicant is inadmissible for any reason, IRCC will contact the next potential applicants.

We expect the above to apply to new applications. Alastair has given many presentations on this application, since it was relaunched by the Liberal government back in 2016. For other posts on this topic, feel free to browse our website for useful information. It is a pleasure to work with clients to bring their parents and grandparents. These family members are extremely important to pass along family history. Our goal is to reunite different generations of clients.

DEADLINE: To reserve your spot, please have a file open on or before 9 OCT 2020. Please note we are not open on 12 OCT 2020 due to the Thanksgiving holiday.