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Success: Family Reunification

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We are pleased to report that another family has been reunited in Manitoba. This family first connected in Pennsylvania and they do not have a traditional model. These situations can be a challenge as IRCC Officers may not have the same perspective. We have heard from many clients who are frustrated that Officers do not understand their situation. They have their own unique situation and perspective and they complain that IRCC Officers may be too conservative or traditional.

This family came to CIL so they can settle in Manitoba. They have found a unique place where they can live their lives in peace. The IRCC Officer, however, had concerns related to their background and the Officer expressed concerns. We were able to work with this family to address the Officer’s concerns and satisfy their questions.

In this case, we wish congratulations to our clients who got a positive result!

 

Family Reunification is articulated in section 12 of IRPA:

Family reunification

  • 12 (1) A foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.

The above section relates to one of the Objectives of Canadian immigration law and it is one of the cornerstones of our system.

Family Reunification is Not a Right

We have had clients who argue they have a “right” to bring their family members to Canada. Unfortunately, this is not correct. They have the right to apply; however, the IRCC Officer must review their application to ensure they meet all the requirements. These Officers has significant power to assess the applications and make a decision. If they are not satisfied, they may refuse the application and the family may be forced to go to Federal Court.

Ideally, we try to help our clients as quickly as possible to avoid litigation. Federal Court litigation is both expensive and lengthy. Litigation can cost our clients significant resources and it may cause our clients to be separated from their family even longer.

 

MPNP-UKRAINE Program is ENDING

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This is an urgent update to the MPNP program. The Government of Manitoba has announced the program to help Ukrainians in Manitoba is ending on 30 APR 2024. We have helped dozens (hundreds?) of Ukrainians through the program and they are on track to PERMANENT RESIDENT status.

If you are reading this and you know someone who may qualify for this program, they must act quickly. The window is closing very soon.

The following special measures will end on April 30, 2024:

  1. Manitoba Provincial Nominee Program (MPNP) Ukraine Special Measures Expression of Interest (EOI) draws

    • Ukrainian nationals who meet MPNP eligibility criteria will continue to be able to submit their EOI applications and be eligible for regular EOI draws.

  2. MPNP application fee refunds

    • Those with Letters of Advice to Apply (LAA) issued prior to May 1, 2024, will still be eligible to receive the application fee refund after the complete MPNP application is submitted.

  3. Immigration information appointments at the Reception Centre

After 30 APR 2024, it will be much more difficult for Ukrainians in Manitoba to qualify under the other PR streams.

Bittersweet Success: PR Approved

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We always love to get positive decisions from IRCC. In this case, however, the news was bittersweet. We have been helping this American citizen to realize his dream of moving to Canada. He had a complex immigration history. He has lived in many countries over the years and we needed to obtain multiple Police Clearance Certificates from jurisdictions around the world where he used to live. IRCC submitted multiple requests for additional documents to confirm all the details of his life. This American gentleman may be described as having lived a full life. He had many adventures in various countries before he made the decision to settle in Canada.

Our client’s PR application was approved. This is, of course, good news. However, the news is bittersweet as our client, alas, has passed away. He passed away while IRCC was processing the application. We had submitted the death certificate to IRCC. That death certificate, it seems, was not considered by the IRCC Officer prior to making the decision.

We contacted our client’s family member with the news that his PR application was approved. Her instructions: send the decision to him by email and his spirit may be lifted by the good news. Interesting.

We followed our client’s family member’s instructions and sent the IRCC Decision to his email address. I suppose this is another example to show how we try our best to follow client’s instructions (or the instructions of next of kin) even under unusual circumstances. If she is correct, maybe his spirit was lifted by this positive decision.

Here is a brief timeline of the process:

  • AUG 2022 – Consultation
  • SEPT 2022 – Client requested our services, signed contract
  • SEPT 2022 – Prepared Document Checklist and reviewed documents
  • NOV 2022 – Translated documents into English
  • NOV 2022 – Prepared Supplementary Document Checklist
  • JAN 2023 – Reviewed package
  • JAN 2023 – Submitted PR application
  • JULY 2023 – IRCC request re financials
  • JULY 2023 – Submitted package #2
  • AUG 2023 – IRCC request for explanation re PCCs and medical history
  • AUG 2023 – Submitted package #3
  • AUG 2023 – Request for medicals, done.
  • OCT 2023 – Request for biometrics, done.
  • JAN 2024 – Client passed away, submitted Death Certificate
  • FEB 2024 – PR Approved

 

Sponsor your Brother/Sister (UKR)

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In 2005, I was a law student working at a legal aid clinic in Toronto. We served Spanish-speaking clients from all over the world. Just as at present, we were talking to people every day, trying to help them navigate the Canadian immigration system. Everyone wants to come to Canada. At that time, the Immigration and Refugee Protection Act (IRPA) was relatively new and many people were not up to date with the new laws and regulations. We would regularly speak with folks who had heard about old programs. My job at that time, as it is today, is to guide people through the system and to make sure they are relying on accurate information.

One of the big changes after IRPA came into force was that siblings were no longer allowed to sponsor. Before IRPA, you could easily sponsor your brother or sister. The definition of “family member” changed with the new legislation and there was significant misinformation in the public. I spoke with many (many!) people who wanted to sponsor a sibling. IRPA did not make it impossible; however, it was significantly limited under the new laws. We can still help siblings with sponsorship applications under very limited circumstances. If they are a “last living relative”, for example, IRPA made it possible.

In 2023, IRCC is opening up the sponsorship application for brothers and sisters – for Ukrainian citizens. In a program that was just announced, Ukrainians can apply for Permanent Resident status if they have the following conditions:

Category 1: A family member of a Canadian citizen or permanent resident in Canada

You can apply to immigrate under this policy if you meet the following conditions.

You must :

  • be a Ukrainian national
  • be a family member of a Canadian citizen or permanent resident including their:
    • spouse or common-law partner
    • child (regardless of age)
    • grandchild
    • parent
    • grandparent, or
    • sibling (or half-sibling)
  • be in Canada when:
    • you submit your application
    • you’re granted permanent residence
  • have valid temporary resident status in Canada, or have applied to restore your status if it has been expired for less than 90 days
  • hold a passport or travel document, or provide supporting identity documents if you don’t hold one
  • provide a signed statutory declaration form (IMM 0191) from your family member in Canada explaining your relationship to them, and
  • be admissible to Canada

The Canadian citizen or permanent resident (your family member) must:

  • currently live in Canada
  • be at least 18 years of age or older
  • not have been granted permanent residence themselves under this policy

Category 2 – Spouse or common-law partner of a Ukrainian national who has family in Canada

You can apply to immigrate under this policy if you meet the following conditions.

You must be the spouse or common-law partner of a Ukrainian national.

Your spouse or partner must:

  • be unable to leave Ukraine, be missing, have passed away, or have presumed to have passed way
  • be the family member of a Canadian citizen or permanent resident including their:
    • child (regardless of age)
    • grandchild
    • parent
    • grandparent, or
    • sibling (or half-sibling)

You must:

  • be in Canada when:
    • you submit your application
    • you’re granted permanent residence
  • not have remarried or be in a common-law relationship with another person since leaving Ukraine
  • have valid temporary resident status in Canada, or have applied to restore your status if it has been expired for less than 90 days
  • hold a passport or travel document, or provide supporting identity documents if you don’t hold one
  • provide a signed statutory declaration form (IMM 0191) from your spouse or partner’s family member in Canada explaining your relationship to them, and
  • be admissible to Canada

We meet with many Ukrainians who are trying to get PR status. If you qualify for the above program, ENGLISH is not a requirement.

If you meet the criteria above, we would like to help you bring your family members to Canada!

Success: Spousal granted in 4 months

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Spousal sponsorship applications are one of the many common ways individuals gain Permanent Residence status in Canada. The process of a sponsorship application will vary depending on whether the application is made from within Canada or outside Canada. In both avenues, however, couples and their families are required to chronicle their relationships and the history of how they connected. If you are married to a non-citizen and are unsure of the process for how to help your spouse obtain Permanent Residence status, please contact CIL for assistance.

Here is an example of a sponsorship application and timeline. We were able to get PR status for our client after only 4 months.

Couple’s timeline on the sponsorship application:  

  • July 2022 – couple submitted a Spousal Sponsorship application with the help of an immigration consultant 
  • August 2022 – couple found mistakes in the application and contacted Clarke Immigration Law for help. CIL was retained to withdraw their application and prepare and submit a new application with an explanation. 
  • September 2022 – couple worked with the CIL team to produce new application.  
  • October 2022 – CIL made a request to withdraw the previous application made by consultant (with mistakes).
  • January 2023 – CIL submitted new sponsorship application through PR Portal.
  • February 2023 – AOR received 
  • February 2023 – Request for medicals  
  • March 2023 – Sponsor approved  
  • April 2023 – Applicant’s PR application approved.  

Congratulations to our clients on their success! When we started to work with this couple, they were extremely anxious because their previous Immigration Consultant would not give them a copy of the documents submitted on their behalf. (Huge red flag!) They were able to get a copy after insisting. They realized the Consultant had made numerous mistakes in the application and they were very worried.

CIL reviewed the mistakes made by the consultant and advised the Officer may have concerns. Clients made the good decision to cut ties with the consultant and start fresh. Clearly, as you can see above, it was a very good decision.

2023 Predictions

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As 2022 comes to a close, Clarke Immigration Law is thinking ahead to the new year and all the potential changes to Canadian immigration laws on the horizon. This past year has seen many developments as the many Orders in Council (OIC) from the pandemic have been expiring. We continue to meet with new clients who submitted applications under those old policies and programs, expecting the Officer to grant their requests even after the policy expired. As you may expect, the Officers refused those applications. Of course, if other individuals submitted those applications and they were accepted, they would not need our help and we would not be aware of those approvals.

In no particular order, here are our predictions for 2023:

1. More digitization of IRCC forms and processing

I cannot take credit for the move from paper applications to submitting digital applications; however, that was the focus of my presentation to Parliament in November 2020. Thank you again to MP Raquel Dancho for inviting me to speak to the CIMM committee. Here are some of the remarks made at that time:

My first point is that IRCC needs to further digitize the system and expand online services. For example, Spousal sponsorships and Temporary Resident Permit applications could easily be submitted online. In 2018, the Refugee Protection Division at the IRB introduced the e-Post system and it has been very successful. Epost makes it is easy for counsel to see details of documents that have been uploaded. IRCC has started to use e-Post for refugee claimants inside Canada and this tool be useful in other contexts. In short, a robust online system may provide solutions to dealing with long processing times and backlogs.

After I made those points to Parliament, many IRCC applications were digitized. At our last CBA National Immigration Conference, we heard from a group of IRCC Officers who described the differences between 19 (!) different online portals. Each portal has its own peccadillos and we regularly deal with portal issues. Staff at CIL are members of various listservs and we can see lawyers across Canada experiencing daily issues wtih the portals.

2. Fewer Issues with IRCC Portals

Related to the first point, I know that IRCC has been working hard to resolve the (many!) technological issues with the portals. It can seem that IRCC is slow to react to concerns. To a certain extent, IRCC is similar to an oceanliner and it changes course very slowly. For example, in 2022, we expressed many issues with the ArriveCAN app. I spoke with friends at CBSA and I know they were also expressing their frustrations internally. Finally, the government eventually listened to these concerns. 

3. Flexible Work Permits

Minister Fraser has demonstrated a clear understanding of the current labout shortages. He has made a few improvements to help Canadian businesses and to allow foreign nationals to work in Canada. This has included the change to allow international students work full-time. Recently, they unveiled a new Work Permit program to add more flexibility in the system.

Canadians, as well as folks from around the work, are dealing with inflation and labour shortages. Here at CIL, we are getting many requests from businesses in Winnipeg that need workers. There is a significant need for workers in key parts of the labour market.

We expect 2023 will bring additional Work Permits, possibly for spouses of Permanent Residents or Canadian Citizens. We are also hoping for Work Permits for siblings Permanent Residents or Canadian Citizens. Brothers and sisters of Permanent Residents or Canadian Citizens used to be included within the definition of “family members” prior to 2004. When IRPA was ratified, siblings were removed from that definition and moved to “relative”.

4. Lower CRS Scores for EE

IRCC has announced a significant increase in the number of Permanent Residents. The government is hoping to approve many applications 2023 and more in 2024. To meet those numbers, CIL predicts more skilled workers to be selected which will mean that minimum CRS scores may come down.

5. Longer Wait Times and Larger Backlogs

For decades, Canada has been one of the top destination countries in immigration. When I started helping international students at the University of Victoria in 1996, I met students from different corners of the world. When Trump was elected in the USA, the demand to come to Canada skyrocketed. All the applicants who considered “either Canada or the USA” as options were suddenly realizing that, in fact, our countries are quite different. The Canadian government supports families and respects cultural differences while the USA adopts a “melting pot” approach.

At the beginning of 2022, the Ukraine war led to uncertainty in Europe. Energy prices have been increasing around the world and Europeans are facing a cold winter.

I have family in the USA and in Europe. We have been hearing about all the issues and we have been trying to help as many people as possible to come to Canada.

Based on the above, Canada has continued to surge. Minister Fraser indicated that Canada is the #1 destination country and IRCC Officers have been overwhelmed with applications. We expect the demand to continue in 2023.

If you are dealing with the backlog, we published a guide on what you can do to help your application.

6. Increase in AI Decision Making

The backlogs at IRCC and all the points above will likely lead to more AI decisions. We have seen applications processed by Chinook and we have won cases at Federal Court from those decisions. The DOJ has been actively vetting Applications for Leave and Judicial Review to protect the IRCC decisions made by Chinook. We have yet to see a Federal Court judge provide guidance on how AI can be used to make decisions on immigration applications.

I expect IRCC will continue to ramp up their use of Chinook and other AI systems to deal with the backlogs. In turn, I expect Federal Court decisions that will consider the appropriate use of these systems by government agents.

7. Changes to MPNP

If you read this space, you know that Alastair Clarke was invited to give a presentation to the Immigration Advisory Council for Manitoba. They are currently looking at improvements and changes to the MPNP program. We expect the government will be updating the program and adding flexibility into our provincial system.

 

Success: PR Granted in 4 Months

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Congratulations to our clients who just had their PR application approved! We were retained in March 2022, worked with them to prepare the package to IRCC, submitted the PR application on 2 MAY 2022 and they were approved on 12 SEPT 2022. It has been a pleasure to work with this family and we are extremely pleased with the quick positive result.

I have to be clear: 4 months to get PR status is extremely fast. Most of our clients are not approved this quickly. I have to commend the quality of work done by the team at Clarke Immigration Law for putting together a beautiful package for IRCC. Clearly, the Officer agreed with our submissions.

PR GRANTED

Why should I hire a lawyer?

Clients will often ask, “what is the benefit of hiring you?” It is difficult to answer this question, of course. I cannot give an objective answer. I cannot say that our applications are processed faster than applications by agents or consultants. I cannot say that applicants who try and prepare the documents themselves may make mistakes that may lead to delays. Each applicant comes from their own background and level of familiarity with immigration forms and regulations. I can say that the vast majority of applications prepared by Clarke Immigration Law are decided much faster than average processing times at IRCC.

Currently, Canadian immigration officers are overwhelmed with applications. Based on global events, Canada is one of the top destination countries, possibly the #1 destination country. The flood of applications has caused longer processing times and we recognize the hard work done by IRCC and CBSA Officers. If you are reading this post, we thank you for your service.

Backlogs & Processing Times

If your application is stuck in the backlog and you are not sure what to do, we have published a guide on our website regarding delays, backlogs and actions you can take to get your application back on track.

We love to maintain great relationships with our friends at IRCC and CBSA. We work with Members of Parliament from all political parties on behalf of our clients to get positive results, as fast as possible.

In case you are wondering, we will be assisting this family until the PR Card has been issued and we do not charge any additional fees during the processing of the application. Our fixed fees include our services from start to finish. 

Fix Tribunal Mistakes

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Normally, we are focused on getting positive results. That is where we spend most of our time & energy. Today, for example, we had a client approved under the MPNP program and he received a Nomination Certificate. Even during a pandemic, we are able to celebrate victories and we get results for all our hard work. In other cases, however, we get a positive result and there is a mistake made by the Officer or the Tribunal.

Tribunal mistakes are not common. This was the case in March 2021. We got a positive decision from the IRB for our clients and they were on their way to getting Permanent Resident (PR) status. The problem was that the tribunal misspelled our client’s name. This can lead to serious problems in the future.

Tribunal Mistake

For immigration, the importance of detail cannot be overstated. Everyday, we focus on making sure all the documents and evidence are 100% true and consistent. To be clear, it is not good enough if the information is only 99% accurate. We hold ourselves to the highest standard to ensure that our clients do not have future issues, based on our work.

For this case, we contacted the Tribunal and explained the mistake. The RPD Member reviewed the situation and issued an Amended Decision with the accurate information. Now our clients can apply for PR status and they know that their information in the government’s records are correct.

Tribunal mistakes can be fixed. I want to be clear that the IRB rarely makes mistakes. There are many layers of professionals at the tribunal who vet and review documents before they are issued. In this case, the RPD Member’s decision was sent to the Case Management Officer who had to sign off on the decision before it was issued. Personally, I have given presentations with IRB staff to make sure the public and other lawyers are aware of how the tribunal operates.

You cannot see our client’s information as we need to redact all their personal information to protect their confidentiality. I can say that the tribunal mistake was minor and it was corrected.

We did this extra work for our clients at no additional charge. We strive to provide the best service, for reasonable fees. This family can apply for PR status and Canada is a better place.

Success: PR by Email

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Congratulations to our Cuban spouse who just became a PR by Email! He was sponsored by his lovely Canadian partner and it has been a pleasure to work with them during this process. COVID-19 has caused additional stress and anxiety across the immigration system, as I recently testified to the Parliamentary CIMM Committee. I have to give credit to IRCC for making improvements and for all their hard work. We live in unprecedented times and the government has been working hard to address pandemic issues, as they arise. For more details, click here. 

PR by Email

PR by email is certainly nice.

No interview. No stress. This family has been a pleasure to work with and we had no doubt their SCLPC Class application with OWP would be approved. We made sure all the issues were covered and we provided evidence on every point. That said, every case is different and this one had its challenges.

I want to thank Naomi, in particular, for working on this application and getting the package ready to submit. Our team works closely to put these applications together to ensure positive results. Not all clients receive PR by email; however, I agree that this application warranted this action.

Immigration is a serious matter and applications to IRCC must be taken with the utmost care and attention.  CONGRATS to our client! Canada is a better place with him and his family.

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.