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Success Story: CBSA Warning (DWI/ DUI)

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Drinking while impaired (DWI) or driving under the influence (DUI) can lead to serious immigration consequences. It is not uncommon that individuals who are faced with criminality issues are punished by the criminal courts and then they are punished again by immigration. CBSA Officers are law enforcement. Their role is to enforce IRPA and IRPR. This may involve removals and deportations. All foreign nationals in Canada who are subject to criminality issues may be subject to enforcement measure by CBSA Officers. This area of law is often referred to as “crimmigration” – the convergence of criminal and immigration. If you or any of your contacts have crimmigration issues, we encourage you to contact our law firm.

In this case, our client made a mistake after a wedding and a large family celebration. It was meant to be a joyous event. He drank significant alcohol and she stuck around to help clean up after the event. Our client has zero criminality issues in his past. This was his first mistake. He is a permanent resident of Canada with significant ties to Winnipeg.

Sequence of events:

  • 2015 – our client arrived to Canada with his family;
  • 2015 to 2022 – our client worked in Winnipeg and contributed to his community;
  • 2023 – our client attended the wedding and he was caught by Winnipeg Police Service;
  • 2023 – our client retained a Criminal Defence lawyer who argued his case;
  • 2024 – our client was convicted and sentenced. His case was referred to CBSA regarding potential removal from Canada;
  • 2024/ OCT – our client attended an interview with a CBSA Officer in Winnipeg
  • 2024/ NOV – our client was issued a A44 Report and he was given a chance to explain to the Officer reasons for staying in Canada;
  • 2024/ DEC – our client retained our services. He came to us very late with a short time before the deadline. We agreed to assist on the condition that we would be granted additional time.
  • 2024/ DEC – CLARKE contacted CBSA to require more time. Our request was granted.
  • 2025 – CLARKE worked with client, his family and supporters to draft a package for the CBSA Officer
  • 2025 – CBSA issues a Warning Letter and his case was not referred to the IRB-ID for a hearing. This is the best result possible from a situation involving DWI/ DUI that has been referred to CBSA.

Congratulations to our client!

Current caselaw & CCC

After the Faster Removal of Foreign Criminals Act was passed in 2013 and other changes were made to immigration laws, foreign nationals with DWI or DUI issues may face serious legal issues.

Individuals who face these legal issues, convictions that result from a DWI/ DUI, are faced with a section 320 of the CCC violation:

Operation while impaired

  • 320.14 (1) Everyone commits an offence who

    • (a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;

    • (b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;

    • (c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or

    • (d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.

 

To defend our client within an immigration context, it is important to consider the relevant factors. We were able to achieve a positive result by following guidance from the Court. This result was achieved based on the legal arguments made to the Officer. Here is an excerpt:

In Hernandez v. Canada (Minister of Citizenship and Immigration), 2005 FC 429 Justice Snider refers to the “non-exhaustive” list of facts to be considered in a process of writing a Section 44 report.

[22]       In ENF 6, guidance is given to the Minister’s delegate on how to exercise the discretion under s. 44(2), in deciding whether to refer an immigration officer’s report to the Immigration Division. Paragraph 19.2 sets out a non-exhaustive list of factors that “can be considered in both criminal and non-criminal cases”. Among the items listed are the following:

  • length of residence;
  • location of family support and responsibilities;
  • degree of establishment;
  • criminality; and
  • history of non-compliance and current attitude.

The current Operational Manual ENF 6 provides a non-exhaustive list of factors for consideration under these circumstances. Since Hernandez, the above list has been expanded and clarified.

As you may be aware an Administrative deferral of removals (ADR) is currently in place for certain regions in Somalia (Middle Shabelle, Afgoye, and Mogadishu), the Gaza Strip, Ukraine, Syria, Mali, the Central African Republic, South Sudan, Libya, Yemen, Burundi, Venezuela, Haiti, Iran, Sudan and Lebanon. In addition, a Temporary suspension of removals (TSR) in place for Afghanistan, the Democratic Republic of Congo, and Iraq. The primary difference between the TSR and the ADR are that an ADR is generally put in place within a short period of time to immediately respond to a change in country conditions.

After significant deliberation, the CBSA Officer agreed with our arguments and our client will remain in Canada with his family.

Best Possible Result – Warning Letter

Here is a dedicated version of the warning letter, issued by CBSA:

 

Success: VISITOR RECORD (29 DAYS)

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The success story today refers to an elderly woman in Manitoba. She has been in Canada for many years and she was previously refused. She has a long immigration history at IRCC which is quite complex. We have been helping her and her family to address the past issues. Thankfully, she is now in status and she can stay with her family.

Here is a brief timeline of the Visitor Record application:

  • SEP 2024              Consultation regarding Visitor Record (VR) application;
  • OCT 2024             Client retained us  for a VR application for his mother;
  •                                Prepared supplementary document checklist, collected and reviewed documents;
  • OCT 2024              Reviewed full package, submitted VR application;
  • NOV 2024             VR Approved.

 VR approved in less than 1 month.

Congratulations to our clients! We need to highlight Kristina’s amazing work with this application. Kristina works extremely hard to ensure our clients have the best chance at success.

We do our best to help parents and grandparents. These cases can be difficult. Recently, IRCC announced that it will pause applications for PR status for this category of applicants. The government is currently not accepting new applications. For more information, please see details in the Gazette and the Ministerial Instructions.

In general, applications for older applicants can be difficult. In 2022, we were able to get PR status for an elderly woman after her H&C was refused. We had to go to Federal Court to fight for her to stay in Canada. In Shubar, Alastair Clarke argued that the Officer’s decision was unreasonable and Justice McHaffie agreed:

The senior immigration officer who refused Ms. Shubar’s H&C application gave reasons for decision that refer to the best interests of the grandchildren. However, those reasons contain no analysis, or indeed mention, of the particular interests of the third grandchild or how she might be affected by the decision. In the circumstances, I consider this failure to address a central submission raised by Ms. Shubar to be a material and fundamental flaw that renders the decision unreasonable.

It was a pleasure to work with Ms Shubar and her family. (We can discuss her identity as that case is public record and published on the Federal Court webside.) And it was also a pleasure to work the family to get the Visitor Record. To be clear, that application has no connection with the VR which was approved in 29 days. These are separate matters.

Please contact our office if you would like assistance with a VR application to IRCC.

Success: OPEN WORK PERMIT (30 days)

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We do our best to share our cases with the public. We know that many people are trying to get information on IRCC processing times. Many people come to CIL and they want PR as quickly as possible. Or they want a Work Permit as quickly as possible. We do our best, of course, to prepare quality packages on behalf of everyone who retains our law firm. I have to highlight that we focus on QUALITY over speed. I have heard too many stories of an agent or an immigration consultant who gets an IRCC refusal and then they immediately send off another application. Sometimes they send off the same application with the hope of a different result. They do not put in the time and effort to improve the application or address the IRCC Officer’s concerns. IMHO, that is bad practice and it is not what we do at CIL.

In this case, we had an urgent situation. Our client needed to support his family. Here is the timeline to show how our client’s Work Permit was approved after only 30 days:

  • OCT 2024              Prepared supplementary document checklist, collected and reviewed documents;
  • OCT 2024              Reviewed full package, submitted OWP application;
  • NOV 2024             OWP Approved.

We have reported quick decisions before. We know that our applications seem to be processed much faster than average processing times. We have reported many past cases and we have seen the evidence.

Notwithstanding the above, we cannot guarantee that all our Open Work Permits will be processed in 30 days.

Currently, IRCC is reporting that AVERAGE processing times for this application is 169 days. We cannot guarantee that our applications are faster than average. Every case is different.

Temporary Status and PR Status

You can read past cases where our clients get PR status much faster than other applicants:

Each one of these applications is processed by an Officer at IRCC. It is important to focus on quality.

Triple Check System

CIL’s triple check system ensures that all applications submitted by our office have the best chance at success. Applications prepared and submitted by Team Members at CIL must follow our “triple check” system. This system ensures that every application is checked and confirmed by at least three people: the Case Worker, the Client and the Manager. The Case Worker prepares the initial draft and works with the client and supporters. All documents are provided to the client to confirm the information is 100% correct. The Manager reviews all the information to triple-check every detail before we submit. All applications submitted by CIL go through the triple-check system – including all packages to IRCC, CBSA, the IRB (all divisions), ESDC (Service Canada) and Federal Court.

The triple-check system requires significant time and attention. Most law firms do not put in as much time and effort. Our system, however, is designed to ensure that our clients are 100% fully aware of every document, every detail and every legal argument that is being made on their behalf. This system also ensures that the work product of each Case Worker is properly supported and CIL adheres to our team approach. This “triple check” system has proven to result in high quality work, a high rate of positive decisions, and a high degree of confidence with our clients.

 

 

 

Félicitations: demande d’asile

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Notre mission est de sauver des vies. Nous sommes conscients des sacrifices considérables que font les gens pour venir au Canada. Ces cas nécessitent beaucoup de temps et de ressources pour obtenir un résultat positif.

Dans ce cas, notre cliente est originaire du Kenya. Elle a dû fuir une situation complexe impliquant des membres de sa famille. Elle a fui dans différents pays avant de prendre la décision de venir au Canada. Nous avons réuni des preuves solides et des éléments de preuve objectifs pour montrer à la SPR que les circonstances particulières de notre cliente sont décrites par l’article 96 de la LIPR.

Nous avons publié de nombreux guides et articles pour aider nos clients. Une demande d’asile comporte de nombreuses étapes. Il s’agit d’un processus juridique difficile. Les preuves peuvent faire la différence entre une décision positive et une lettre de refus du tribunal.

Ce n’était pas une situation facile et notre client était bien préparé. Comme vous pouvez le constater, le juge dans cette affaire était Mme Arango et elle n’approuve que 55 % de ses dossiers, ce qui est inférieur au taux prévu par rapport aux autres décideurs. Nous avons obtenu cette décision positive après de nombreuses heures de travail acharné. Ces dossiers sont complexes et nous traitons de nombreuses questions juridiques différentes.

Nous avons pu l’aider dans sa demande d’asile et nous sommes ravis de gagner.

Maintenant que sa demande a été acceptée, elle peut demander le statut de résident permanent.

Nous savons également que tous les demandeurs d’asile ne peuvent pas payer nos services. Nous acceptons le fait que nous ne pouvons pas aider tous ceux qui se présentent à notre bureau. Nous espérons que chaque demandeur bénéficie d’une bonne représentation afin qu’il ait les meilleures chances de vivre au Canada.

Success: Undeclared Child

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We love reuniting family members. We know the Canadian immigration system can be extremely complex. We can share a case that we have been working on for years. This is a family who came to Canada without a child. The child was forced to stay behind due to complex issues within the family. We had to deal with cultural and religious practices that causes extreme hardship for this family.

After many years, we were able to help this child come to Canada. Alastair actually met the child at Winnipeg’s Richardson Airport after his long flight.

We know we are in the business of saving lives. We know clients make mistakes. Our job is to help clients fix past mistakes, if that is possible, so they can achieve their immigration dreams.

Amir – welcome to Manitoba!

In this case, this family has strong support and it has been a pleasure working with them over many years. They know that if they have any additional immigration issues, the team at CIL is here to help.

Success: Visitor Record (45 days)

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IRCC and Minister Miller have been making many changes for temporary residents. These include temporary foreign workers (TFWs), international students and visitors. Options for international students have become limited. Recently, we published a post of a TFW who got a Work Permit very quickly. Every month, the programs and policies to help temporary residents seem to be diminishing. The team at CIL do our best to help. Today, we can share a case of a temporary resident who wanted to stay in Canada. We were successful with a Visitor Record (1 year).

Here is the timeline:

  • MAY 2024            Consultation 1;
  • JUNE 2024          Consultation 2;
  • JUNE 2024          Client retained CIL to prepare and submit Visitor record (VR) application on client’s behalf;
  • JULY 2024           Prepared supplementary document checklist, collected and reviewed documents;
  • AUG 2024             Reviewed full package, submitted VR application;
  • OCT 2024             VR Approved in 45 days.

As noted above, we had 2 consultations with this client. She was not sure whether the Visitor Record was the best option. Here at CIL, we do not tell clients what to do. We explain all the various options and help them understand the pros & cons of each decision. We explore potential legal consequences for both the short-term and the long-term. Ultimately, we respect our clients’ decisions and we make sure they have the best chance at a positive decision.

Congratulations to this client on getting her Visitor Record! We know this document fits her immigration goals and she now has more time to spend with her family members.

Finally, we have to mention that our client got the IRCC decision much faster than the average processing time. Based on the IRCC published information, the average time for the Visitor extension (Visitor Record) is 117 days. We got this decision in only 45 days. Our client does not need additional stress from having to wait a long time.

We do our best to make sure our clients get positive decisions – as quickly as possible.

In this case, our client did not have to wait 117 days. She got her document after only 45 days. Very good news!

Success: Work Permits (15 days only)

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Many clients who come to CIL have two (2) requests: 1. positive results; and, 2. fast processing time. We know that we give our clients the best chance at a positive decision. By law, we cannot guarantee positive results. For the 2nd request, we cannot claim that our applications are processed faster; however, it seems clear from our files that we get fast results.

Work Permit Application Summary

Today, we can share 2 Work Permit applications that were approved in only 15 days. Here is a summary:

  • SEP 2024              Client requested our services for two (2) Open Work Permit (OWP) applications;
  • SEP 2024              Prepared supplementary document checklist, collected and reviewed documents;
  • SEP 2024              Reviewed full package, submitted OWP applications;
  • SEP 2024             Both OWP applications Approved in 15 days;
  • OCT 2024             Open Work Permits arrived.

Congratulations to our clients. They have not been able to work while they were out of status. They have been suffering while waiting to get their work permits. The Team at CIL made this file a priority as we know how important it is for this family to pay their bills.

Average processing times for a Work Permit from inside Canada is 130 days. This figure is based on all the applications submitted to IRCC and it is regularly updated on the IRCC website. When we meet clients, we regularly quote the average times posted by the government and we cannot guarantee faster processing. That said, if you look at our application history, it seems our temporary document applications as well as our permanent resident applications are processed much faster than average. In this case, for example, our WP applications were approved much (much!) quicker than the average applications submitted to CPC Edmonton.

Again, we have to stress that we cannot guarantee that new clients will get a Work Permit within 15 days.

How to get Fast Processing?

The simple answer to this question is to contact CIL and we can help you with the application. As we have said on CBC News and in many other interviews, the decision to hire a representative is the most important decision you will make.

If you decide not to contact our office for help, here are our top 3 points to get fast processing:

  1. Hire a professional
  2. Use our triple-check system
  3. Make sure that all relevant issues and all potential issues are addressed in the application

 

Success: SCLPC (Out of Status)

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International students come to Canada for education. They must submit a Study Plan along with their Study Permit application. In most cases, the student will graduate, get a PGWP and then apply for PR status. For most foreign students, this is their goal and they spend $$$ to achieve this immigration goal. In some cases, however, the student’s immigration path does not go according to plan and there is no way to get back on track. They need another plan. The case that we are sharing today is along those lines.

Our client is a citizen of the beautiful country in Asia. She was granted a Study Permit. She completed her Canadian study program. For some time, things were going well. Then her application to IRCC was refused. Then she hired an agent who gave her bad advice. Then another application was refused. She was ordered to leave Canada. She lost her passport and she did not know what to do.

In this case, thankfully, our client connected with a PR during her studies. He wanted to help. They decided to take the plunge. This was not an easy decision. She wanted to get PR through her Canadian studies and based on her skills and experience. The bad advice that she followed by the agent, unfortunately, eliminated that option. She no longer qualified for a Work Permit and she was outside her Restoration period. The agent really messed up her case.

CIL has helped 1000s of clients in this situation. We work with CBSA Officers and IRCC Officers to ensure they understand our client’s situation. These cases are not easy. SCLPC applications cannot be appealed to the IAD. The applicant may have to go through a difficult interview with a CBSA Officer to explain what’s going on. Those interviews are never fun. CIL supports our clients are every step, going with them to CBSA interviews and making sure they understand their legal rights.

Here is a timeline for this SCLPC Class application:

  • JUN 2023      Initial Consultation with Applicant and Sponsor
  • AUG 2023     Client requested our services, signed contract, ATIP online request
  • AUG 2023     Submitted ATIP application on behalf of client
  • SEPT 2023    Prepared Document Checklist, reviewed GCMS Notes, including IRCC Officer’s reasons for past refusals
  • NOV 2023     Collected and Reviewed documents
  • DEC 2023      Initiated PR application, prepared Supplementary Document Checklist based on Client’s limitations
  • JAN 2024      Reviewed package, submitted PR application to IRCC
  • FEB 2024      Received AOR and request to update forms
  • FEB 2024      Submitted updated forms
  • FEB 2024      Request for medicals, done
  • JULY 2024   Recieved Approval In Principle (AIP) from IRCC
  • AUG 2024     Client requested our services to submit OWP while PR application is being processed. Submitted Work Permit for Client
  • SEP 2024      Request for biometrics, done.
  • SEP 2024      PR Approved

As you can see from the above, the SCLPC Class application was approved after only 9 months. This is much faster than IRCC average processing times. Our client did not expect a decision until JAN 2025 – at the earliest. She actually expected that IRCC would take even longer based on her complex immigration history and the fact that she was in Canada without status.

You can also see that we submitted the Open Work Permit in AUG 2024. With the SCLPC Class application approved, that application become void. She no longer needs a Work Permit as she is now PR!

It is unfortunate that we had to do the work to apply for the OWP in AUG 2024. We did not know, at that time, her PR application was going to be approved so quickly. If we had known, we would have advised our client in JULY 2024 that she could just wait to get PR rather than apply for the OWP.

Congratulations to this couple! We wish them all the best!

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.

 

Success: MPNP Nomination Certificate

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If you read our posts, you know we love helping to build Manitoba. All Team Members at CIL live in Winnipeg and we are actively involved in our communities. Winnipeg has won awards as the best city in Canada to raise children. Many people from other provinces call our office as they have heard about how wonderful it is to live in Manitoba. Housing is affordable. Childcare is available. The NDP government is focused on health care. Schools are exceptional.

This success story is from a family who came directly to Manitoba and they were selected by MPNP. It has been a pleasure to work with this family. We helped with their EOI, we helped with Work Permits, we helped with the LAA stage.

Now we will be helping this family get PR status.

Based on all the work done for this family, we got fast results. They did not need to use the special Public Policy for MB (PGWP holders) that was negotiated with IRCC in MAY 2024.

Congratulations to our clients! It has been a pleasure to work with this family.