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Canadian Immigration

Association With Criminal Organization Not Enough for Inadmissibility to Canada

Although immigration applications are put through an extensive review and assessment process, decision-makers can reach the wrong conclusion. Decisions from the Immigration Division or Immigration Appeal Division can be reviewed by a judge (judicial review) to ensure a fair outcome. 

The Federal Court of Canada recently reversed a decision of the Immigration Appeal Division in the case of Eriator v. Canada (Citizenship and Immigration) which dealt with inadmissibility on the grounds of human rights violations.

The applicant was a former member of the Nigerian Police Force

The applicant was a Nigerian national. On October 23, 2017, he entered Canada from the United States border and claimed refugee protection. He faced challenges to his admissibility as a refugee because he had been a member of the Nigerian Police Force (NPF), which has an extensive history of alleged human rights abuses, violence, and torture. The applicant voluntarily became a member of the NPF in 2009 and left in December 2016.

Human or international rights violations are grounds for inadmissibility into Canada

The Immigration and Refugee Act sets out various grounds upon which an applicant is inadmissible for entry into Canada. The ground at issue in this case is set out in section 35(1) of the Act, which reads:

Human or international rights violations

35 (1) A permanent resident or a foreign national is inadmissible on grounds of violating human or international rights for

  1. committing an act outside Canada that constitutes an offence referred to in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act […]

The Immigration Division reviewed documents regarding the Nigerian Police Force, which detailed “allegations of torture or other ill-treatments in police custody.” However, there was no evidence that the applicant had been involved in these police activities. His roles included clerical officer, security guard, election duties, and a role on the Special Anti-Robbery Squad.

Determining whether an individual knowingly contributed to a crime or criminal purpose

The Supreme Court Case Ezokola v. Canada (Citizenship and Immigration) laid out the factors for assessing whether an individual knowingly contributed to crimes or a criminal purpose:

  • the size and nature of the (criminal) organization;
  • the part of the organization with which the refugee claimant was most directly concerned;
  • the refugee claimant’s duties and activities within the organization;
  • the refugee claimant’s position or rank in the organization;
  • the length of time the refugee claimant was in the organization, particularly after acquiring knowledge of the group’s crime or criminal purpose; and
  • the method by which the refugee claimant was recruited and the refugee claimant’s opportunity to leave the organization.

Minister failed to prove applicant complicit in crimes: Immigration Division

Rather than focusing on the commission of the crimes themselves, the Immigration Division relied on how the applicant contributed to the crimes. They brought forward information on policing generally in Nigeria and how it is rife with corruption. They claimed the Special Anti-Robbery Squad was the primary perpetrator of killings and torture and found that the applicant was aware of the true nature of the Nigerian Police Force when he voluntarily joined.

In response, the applicant’s counsel argued that there was no evidence showing that the applicant had been complicit in the Nigerian Police Force’s crimes. He was with the Special Anti-Robbery Squad for less than a month, had not requested to be put into the position, and was not given a weapon to carry. The applicant stated he was unaware of the NPF’s reputation and argued that the evidence received by the Immigration Division was not trustworthy or credible. 

Immigration Appeal Division overturned initial decision, applicant deemed inadmissible

The Immigration Division found that the Minister of Citizenship and Immigration had not proven the applicant was complicit in the NPF’s crimes and therefore was not inadmissible to Canada. The Minister appealed to the Immigration Appeal Division. 

Although the Immigration Appeal Division adopted the findings on credibility made by the Immigration Division, the appellate division found the applicant was inadmissible.

Federal Court: Immigration Appeal Decision’s findings not supported by evidence

The applicant applied for judicial review of the Immigration Appeal Division’s decision. The Federal Court was quick to note the flaws in the IAD decision. It noted the IAD made general conclusions without evidentiary support.

For instance, the applicant’s three-year stint with the Nigerian Police Force led to the conclusion that he “was obviously exposed to the acts of other police officers and contributed to the objective of his organization.” The Federal Court noted this did not constitute a contribution, even if true. There was also no evidence to demonstrate that the applicant’s participation with the Special Anti-Robbery Squad coincided with any crimes committed by that unit.

Association with criminal organization does not equal complicity

The Federal Court ultimately found that the Immigration Appeal Division decision was unreasonable and did not use “an appropriate decision-making process.” The Court denounced the IAD decision as lacking intelligibility and endorsing a view of guilt by association. The Court noted that while the IAD assessed the Ezokola factors, it failed to consider the central principle of those factors, which is that “mere association with an organization will not suffice” when finding complicity. Instead, “[t]he individual must make a significant contribution to the crime or criminal purpose of a group. Not any contribution will do.”

As there were no reasonable grounds on the record that demonstrated the applicant was complicit in any crime against humanity, the application for judicial review was granted.

Contact Garson Immigration Law in Toronto for Assistance with Inadmissibility Issues

The talented immigration lawyers at Garson Immigration Law are highly experienced in overcoming inadmissibility issues for those looking to immigrate to Canada. We provide honest, trusted opinions and work with prospective newcomers before their arrival at the border to strategize the best chance of overcoming a finding of inadmissibility.

Garson Immigration Law develops effective, pragmatic solutions for clients in all immigration matters, including permanent residence, citizenship, and US immigration. For a confidential consultation on your immigration matter, please contact us online or call 416-321-2860.

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Canadian Immigration

All About the Immigration and Refugee Board

During the Canadian immigration process, it may not be entirely clear to you the difference between each government department you encounter. The Immigration and Refugee Board of Canada is different from Immigration, Refugees and Citizenship Canada and is separated into four divisions. This blog post discusses this administrative tribunal and its counterparts to better understand what to expect when you apply to immigrate to Canada.

The Immigration and Refugee Board is not the first government agency newcomers encounter

Most newcomers will interact with other Canadian immigration bodies before encountering the Immigration and Refugee Board, including the Canada Border Services Agency and Immigration, Refugees and Citizenship Canada.

Canada Border Services Agency (CBSA)

When you first come to Canada, you will inevitably engage with officers at your port of entry. These are members of the Canada Border Services Agency (or CBSA).

The Canada Border Services Agency primarily oversees the flow of travel and trade into Canada and places an enforcement role in the immigration process. Specifically, the CBSA enforces detention of foreign nationals, deportation (also called removal), investigations, and gathering intelligence overseas pertinent to immigration. The CBSA can also refer cases to the Immigration and Refugee Board of Canada.

Immigration, Refugees & Citizenship Canada (IRCC)

Whether you are applying outside or from within Canada, your application to immigrate goes to Immigration, Refugees and Citizenship Canada (or IRCC). Immigration, Refugees and Citizenship Canada is a government body primarily responsible for immigration and refugee matters. It selects which immigrants can come to Canada, issues visas for visitors, grants citizenship, and determines who is eligible for refugee protection. Immigration, Refugees and Citizenship Canada also refers cases to the Immigration and Refugee Board of Canada.

What is the Immigration and Refugee Board?

The Immigration and Refugee Board of Canada is an administrative tribunal in Canada. Administrative tribunals are quasi-judicial bodies that make decisions on legal disputes. They are separate from the judiciary of the courts, but their rulings can sometimes be appealed to a court of law. They hear cases that fall under a specific area of law, such as immigration law. Administrative tribunals ensure administrative hearings are heard by decision-makers who are experts in that area of law.

The Immigration and Refugee Board makes decisions about immigration and refugee matters. It also decides who needs refugee protection when cases are referred to it by Immigration, Refugees and Citizenship Canada. However, it is entirely independent of Immigration, Refugees and Citizenship Canada.

The four divisions of the Immigration and Refugee Board

The Immigration and Refugee Board is made up of four divisions:

  1. Immigration Division (ID)
  2. Immigration Appeal Division (IAD)
  3. Refugee Protection Division (RPD)
  4. Refugee Appeal Division (RAD)

Each of these divisions is responsible for distinct issues. Hearings at these divisions must be exhausted before further appeals are available in the Federal Court and Federal Court of Appeal.

Immigration Division (ID)

The Immigration Division is responsible for holding admissibility hearings. These hearings are held at the request of either the Canada Border Services Agency or Immigration, Refugees and Citizenship Canada. Usually, these hearings involve foreign nationals, or permanent residents who either government agency believes may be inadmissible or removable from Canada.

Foreign nationals are individuals in Canada who are neither Canadian citizens nor permanent residents. Permanent residents are those who have applied and acquired this status in Canada. Either foreign nationals or permanent residents may be inadmissible to Canada under the following grounds:

Immigration Appeal Division (IAD)

The Immigration Appeal Division hears appeals of immigration matters. If an application for family class sponsorship is refused by Immigration, Refugees and Citizenship Canada, the Immigration Appeals Division can re-assess the case.

The IAD hears appeals of removal orders (deportation) about permanent residents and other protected persons. It also hears appeals from permanent residents that Immigration, Refugees and Citizenship Canada have deemed to have breached their residency obligations. Finally, when the Minister of Public Safety wishes to appeal a decision made by the Immigration Division, they have recourse within this division.

Refugee Protection Division (RPD)

The Refugee Protection Division is responsible for hearing claims for refugee protection made within Canada. This division is responsible for making these decisions under the international Geneva Convention, which has been implemented through the Immigration and Refugee Protection Act.

When a foreign national arrives in Canada seeking refugee protection, their first contact is usually with an officer of the Canada Border Service Agency at their port of entry. Alternatively, they can speak to officers at any inland office of the Canada Border Services Agency or Immigration, Refugees and Citizenship Canada. After reviewing the protection claim, the officer decides if the claim is eligible to be referred to the Immigration and Refugee Board of Canada. If it is, the refugee protection process starts when it is referred to the Refugee Protection Division.

Refugee Appeal Division (RAD)

The Refugee Appeal Division is responsible for hearing and deciding on appeals from the Refugee Protection Division. The RAD can confirm or later the Refugee Protection Division’s decision or may refer cases back to the RPD which further directions.

The Immigration and Refugee Board is not the final destination for immigration disputes

While not the final stop in the Canadian immigration process for all new immigrants, the Immigration and Refugee Board plays a vital role in the flow of newcomers to Canada. If a prospective immigrant to Canada is unsuccessful in each of its four divisions, further recourse is available. Further appeals can be made to the Federal Court and Federal Court of Appeal for a final determination. As this process can be legally and technically complex, potential newcomers should contact a qualified immigration lawyer to understand their rights and obligations.

Contact Garson Immigration Law to Start Your Canadian Immigration Process

The skilled lawyers at Garson Immigration Law are exclusively dedicated to the practice of immigration law. We pride ourselves on finding robust legal solutions to the most challenging immigration situations for businesses and individual clients. Our firm assists with a wide variety of immigration matters, including permanent residence, citizenship, work and study permits, and U.S. immigration. To schedule a confidential consultation, please call 416-321-2860 or reach out online.

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Canadian Immigration

Why Some Provinces Want More Immigration Control

Last week, we wrote about how Ontario is calling for more immigrants to flow into the province to address the mounting labour shortage. This week, the province’s immigration minister has called for greater control over selecting economic class applicants for acceptance into Ontario. This blog provides a snapshot of how power in Canada’s immigration system is divided between the provincial/ territorial and federal governments.

What is federalism?

Federalism is the system of government in which power and jurisdiction are divided between a central (“federal”) governing body and regional or state-level (in Canada, provincial or territorial) governments. Canada’s system of federalism began in 1867 with the passing of the British North America Act, which created the Dominion of Canada.

Many people believe that a federal government is “the boss” of the provincial governments, but this is not the case. The relationship between the federal and regional governments is horizontal in a federalist system.

What is each government in Canada responsible for?

The British North America Act, now known as the Constitution Act, 1867, gave the federal government jurisdiction over several areas, including:

  • Trade and commerce;
  • Money, banking and currency;
  • Natural resources; and
  • Energy development

By contrast, the Act gave the provinces exclusive control over matters like:

  • Education;
  • Health care;
  • Property; and
  • Civil rights.

Which level of government is responsible for immigration?

While many areas are within the exclusive jurisdiction of the federal or provincial governments, there are areas of mixed (or “concurrent”) jurisdiction. For example, both levels of government have the power to pass laws – i.e., concurrent jurisdiction – over agriculture-related matters.

Similarly, section 95 of the Constitution Act, 1867 gives concurrent jurisdiction for passing immigration laws in Canada. This section reads:

95 In each Province the Legislature may make Laws in relation to Agriculture in the Province, and to Immigration into the Province; and it is hereby declared that the Parliament of Canada may from Time to Time make Laws in relation to Agriculture in all or any of the Provinces, and to Immigration into all or any of the Provinces; and any Law of the Legislature of a Province relative to Agriculture or to Immigration shall have effect in and for the Province as long and as far only as it is not repugnant to any Act of the Parliament of Canada.

Although both levels of government may pass laws on immigration, in practice, it is a federal administrative body that primarily oversees immigration in Canada: Immigration, Refugees and Citizenship Canada.

What about Québec?

Although Immigration, Refugees and Citizenship Canada is the primary body responsible for immigration in Canada, certain provinces have created special arrangements over time to exert more control. For instance, the province of Québec has had its own immigration department since 1968.

In the 1960s, the birth rate in Québec declined significantly. In response, the province chose to take more control over immigration to attract more French-speaking immigrants.

Out of all Canadian provinces, Québec has the most autonomy in creating immigration policy by far. Although its immigration department was created in 1968, the province renegotiated its arrangement with the federal government four times between 1971 and 1991. The final renegotiation resulted in the Gagnon-Tremblay-McDougall Agreement, also known as the Canada-Quebec Accord. The Accord gave the province control over economic immigrants, allowing it to determine the number of potential permanent residents who immigrate to the province. The federal government can only interfere and overrule the province’s decisions on specific candidates based on serious criminality or medical reasons.

Federal-Provincial/Territorial Agreements

Québec is not the only province that has taken an interest in obtaining greater control over its immigration policy. In 1978, Nova Scotia and Saskatchewan signed agreements in response to Québec’s actions. While other provinces followed suit, these agreements did not allow for the provincial selection of immigrants. By the 1990s, the Atlantic provinces were concerned they were not getting a fair share of immigrants to help bolster their economies. Manitoba also raised issues with the lack of skilled workers immigrating to the province.

In response to these mounting concerns, the federal government developed the Provincial Nominee Program. Since 2017, most provinces and territories have agreements with the federal government on immigration (with the exception of Québec and Nunavut). While Québec retains the most control, these Federal-Provincial/Territorial Agreements provide more power to collaboratively select immigrants coming into the country. Each agreement is structured differently to reflect the specific needs of each province or territory.

Each province’s arrangement is drastically different in practice

Considering this history, Ontario’s calls for more control over its immigration policy are not exactly new. Ontario only selected less than 5% of the 211,000 immigrants coming to the province in 2022. By contrast, Québec was able to select approximately 50,000, British Columbia was able to select up to 11,000, and Nova Scotia chose 50% of its immigrants.

In Ontario, this disparity is particularly challenging with its roughly 378,000 job vacancies. However, there is hope. The Canada-Ontario Immigration Agreement is set to expire in the fall of this year. According to the Minister of Citizenship and Immigration, negotiations have already begun.

Garson Immigration Law Provides Comprehensive Immigration Help in Toronto

Garson Immigration Law is a Toronto-based law firm that helps people find solutions for their immigration needs, such as obtaining permanent residence in Canada and overcoming inadmissibility. Our focus on immigration allows us to understand our clients’ unique concerns and obstacles. Our skilled immigration lawyers have extensive expertise in all immigration matters, including work permits, student visas, and US immigration from Canada. If you have any questions about an immigration matter, do not hesitate to contact us online or call us at 416-321-2860.

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Canadian Immigration

Things to Know Before Immigrating to Canada

Canada is a great country, with many options for newcomers hoping to start a new life. Moving to Canada is a big step, though, so it’s essential to know what to expect before you make the jump. Read on for some basics to understand before putting in your application.

Most of Canada experiences four seasons

When you’re considering immigrating to Canada, it’s essential to know that most of the country experiences four different seasons. That means you can expect both cold winters and hot summers — and that the weather in your new home will differ from one province to another. For example, fall in Vancouver is especially rainy, while in Ontario, it’s a time when summer temperatures start to cool.

Canada’s official languages are English and French

Newcomers to Canada will want to be familiar with the many languages spoken in Canada. While English and French are Canada’s official languages, their use varies across the country. Additionally, because Canada is a country that has historically welcomed immigrants, there are many other languages spoken in certain cities.

In relation to services provided by the Government of Canada, the Official Languages Act dictates that public information must be provided in both official languages. However, the first language you might come across differs by region. For instance, in regions where English is more predominant, Government of Canada services will likely originate in English. However, in the National Capital Region, which is located in predominantly English-speaking Ontario, services must be provided to the public in either English or French.

Provincially and territorially, the rules change slightly. French is the official language of Québec and, aside from Montréal, it will be helpful to understand the language at least a little bit to get around. Formally, English and French are the official languages of New Brunswick, Manitoba, Nunavut, the Northwest Territories, and the Yukon. In practice, however, bilingual service is not always readily available. English will likely predominate in these provinces, although in New Brunswick you are more likely to hear both languages spoken equally. In Ontario, language depends on what is most spoken by region. While most of the province is English-only, other areas are bilingual. Ontario’s French Language Services Act provides individuals with a right to French-language service, but it may not be available right away depending on the availability of those who speak French.

There are also some areas with high concentrations of other languages. For instance, Punjabi, Cantonese, Mandarin, and Tagalog are commonly spoken in major cities like Vancouver and Toronto, although these are not considered official languages.

The majority of the population lives close to the Canada-U.S. border

Although its population is not widely spread out, Canada is a large country. Most of its population lives close to the border with the United States. The most densely-populated province is Ontario, while Québec has the second-highest population.

The cost of living in Canada is high compared to other countries worldwide

Something to note when coming to Canada is how the cost of living compares to your country of origin. The cost of living in Canada mainly depends on where you plan to settle, but it is not always known to be affordable. This is especially true when it comes to Canada’s housing market.

Most Canadians spend between 35 to 50 percent of their income on their home and utilities. With the varying temperatures each season, be prepared for the cost of utilities (i.e. heating and cooling costs) to fluctuate at different times of the year depending on where you settle down.

In addition to the cost of living, consider the jobs you will be eligible for when you arrive. If you need additional education for your previous schooling to be recognized, you may need to take on a lower-paying job while going through the program.

Canada has a public healthcare system

The government covers many medical expenses through Canada’s public healthcare system. Each province has its own program and covers different things. For example, Ontario provides some coverage for prescription drugs but not dental care; Alberta covers prescriptions but not vision care; British Columbia covers vision care but not hearing aids; Manitoba covers hearing aids but not physiotherapy; and so on.

If you’re planning on making Canada your new home, you should become familiar with the health care services covered by your province. Be sure to do this before settling down and making any big decisions about work or family life that could affect your health coverage down the road. Discuss your options with an immigration professional who can help you understand how to become eligible for coverage.

Canada is a democratic nation

Democracy is the form of government in which citizens vote for representatives who make laws on their behalf. As a democratic nation, Canadian federal, provincial, territorial, and municipal governments are elected by their constituents. People can belong to any political party representing their views and beliefs. However, voting rights are only available to citizens.

Canada recently surpassed its citizenship goals

Canada is a great place to apply for citizenship. Not only are there great opportunities for citizens of Canada both inside the nation and internationally, but it is a place keen to welcome more citizens to contribute to its economy. Between 2021 to 2022, Canada surpassed its citizenship goals. Over 210,000 individuals were made Canadian citizens in that one-year span.

To apply for citizenship, a person must be a permanent resident who has lived in Canada for three of the last five years and has filed taxes. Prospective Canadian citizens must also pass a citizenship test and prove their language skills in one of the country’s official languages.

Consider applying to immigrate to Canada today

As you can see, there are many things to consider when immigrating to Canada. From the weather to the cost of living, Canada provides a unique experience to those who choose to reside here.

If Canada sounds like a place you would be interested in, then it’s important to start planning your move as early as possible. The sooner you begin the process, the more time you’ll have to ensure that all of your paperwork is in order and that your affairs are taken care of before you leave. Consider consulting an immigration lawyer to determine the best immigration process for you to make your process easier.

Contact the Lawyers at Garson Immigration Law If You’re Considering Moving to Canada

Garson Immigration Law is a Toronto-based law firm that helps people find solutions for their immigration needs, such as obtaining permanent residence in Canada and overcoming inadmissibility. Our focus on immigration allows us to understand our clients’ unique concerns and obstacles. Our immigration lawyers have extensive expertise in all kinds of immigration matters, including work permits, student visas, and US immigration from Canada. If you have any questions about an immigration matter, do not hesitate to contact us online or call us at 416-321-2860.

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Canadian Immigration Inadmissibility

What Are My Options After Criminal Inadmissibility?

Applying to come to Canada is no simple feat. What can make it harder is if foreign nationals or permanent residents have a criminal record. Now, not all criminal records mean that an applicant is going to be found inadmissible to enter Canada. This blog post will help you understand the concept of criminality and serious criminality as it relates to immigration law in Canada.

What does it mean to be “inadmissible”?

Before discussing criminality and serious criminality, it’s important to understand what it means to be found inadmissible in the course of the immigration process in Canada. Simply put, to be “inadmissible” is to have had your application to Canada rejected by the immigration authorities at Immigration, Refugees and Citizenship Canada. There are different types of inadmissibility, such as medical inadmissibility and criminal inadmissibility. Criminal inadmissibility is divided into two grounds: criminality and serious criminality.

What is criminality?

The Immigration and Refugee Protection Act defines criminality on the basis of the details of a foreign national’s criminal record. Section 36(2) explains that foreign nationals are inadmissible for criminality when they:

  1. Have been convicted in Canada of an indictable offence, or of two offences under a federal law arising out of more than one occurrence.
  2. Have been convicted outside Canada of what would constitute an indictable offence under Canadian federal law, or of two offences equivalent to Canadian federal law arising out of more than one occurrence.
  3. Committed an act outside of Canada that is an offence in the place it was committed. The offence is also an indictable offence in Canada.
  4. On entering Canada, committed an offence under Canadian federal law.

What is serious criminality?

Section 36(1) of the Immigration and Refugee Protection Act describes serious criminality. The main difference between criminality and serious criminality is the consequences on conviction. While criminality merely entails, more or less, the conviction of an indictable offence or the equivalent thereof either inside or outside of Canada, serious criminality is more precise on the requisite penalty. It also applies to permanent residents in addition to foreign nationals. Serious criminality is when a permanent resident or foreign national:

  1. Has been convicted in Canada of an offence under Canadian federal law that is punishable by a maximum term of imprisonment of at least 10 years, or where a term of imprisonment of more than six months has been imposed.
  2. Has been convicted of an offence outside of Canada that would constitute an offence in Canada punishable by a maximum term of imprisonment of at least 10 years.
  3. Committed an act outside of Canada that is an offence in the location the act was committed and would constitute an offence in Canada. That offence must also be punishable by a maximum term of imprisonment of at least 10 years.

What can I do if I’ve been determined inadmissible for serious criminality?

There are a few things to consider if you’ve been determined inadmissible on the basis of serious criminality. Some of your options include record suspensions, a foreign pardon if you were convicted outside of Canada, criminal rehabilitation, temporary residence permits and Humanitarian & Compassionate Grounds.

Record suspensions

Record suspensions are an option for those who were convicted of an offence under Canadian federal law. These are provided by the Parole Board of Canada. The Immigration and Refugee Protection Act provides, at section 36(3)(b), that inadmissibility for both criminality and serious criminality cannot be based on a conviction that has been acquitted or for which a record suspension has been ordered.

Foreign pardons

While foreign pardons are a potential avenue to remedy serious criminality for those convicted of offences outside of Canada, it is not guaranteed to work. The test for foreign pardons is the following:

  1. The legal system of the foreign jurisdiction must be similar to Canada;
  2. The foreign law must be similar to Canadian law in its aim, content and effect; and
  3. There is no valid reason not to recognize the result of the foreign law.

Rehabilitation

Foreign nationals and permanent residents may also apply to the Minister of Public Safety and Emergency Preparedness for criminal rehabilitation 5 years after their sentence has been completed.

Alternative immigration programs

Finally, for access to Canada sooner, temporary resident permits allow entry to Canada to those who are inadmissible if there are compelling reasons to do so. Humanitarian & Compassionate Grounds are also available on application to foreign nationals who are subject to a removal order that has not yet been enforced.

Recent developments to serious criminality

In recent years, the Supreme Court of Canada has clarified some of the rules around criminality and serious criminality. In the 2017 decision Tran v Canada, it was determined that:

  • Conditional sentences are not considered terms of imprisonment under section 36(1) describing serious criminality.
  • The reference to “maximum term of imprisonment” in section 36(1) describing serious criminality applies to the maximum term at the time the offence was committed, not at the time of sentencing or when the immigration application is assessed.

If You’ve Been Deemed Inadmissible, the Skilled Lawyers at Garson Immigration Law in Toronto Can Help

At Garson Immigration Law, we are exclusively dedicated to the practice of immigration law. We understand that waiting for your immigration application to be processed can be stressful. Our immigration lawyers can help successfully guide you through the immigration process and find solutions for your individual immigration needs.

We work to find effective solutions for our clients in all kinds of immigration matters, including permanent residenceinadmissibility and US immigration. If you have any questions about an immigration application, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration

Understanding How PTSD Affects Immigrants In Canada

June 27th is PTSD Awareness Day in Canada. Post-traumatic stress disorder, or PTSD, is a mental health illness that occurs after someone experiences or witnesses an extremely traumatic event. The symptoms of PTSD can be severe and long-lasting and may include nightmares, reliving experiences in the mind, or anxiety and depression.

Approximately 45 percent of immigrants and refugees who have come to Canada have arrived from countries experiencing social unrest or war. These experiences may be carried with them as they acclimate to Canadian society. Although Canada presents a safer environment for many of those who choose to come here, PTSD can nevertheless prevail in adding further challenges to being in Canada.

What is PTSD?

When someone experiences something extremely traumatic — like being threatened with physical harm or witnessing violence against another person — it is common to feel scared or worried about what might happen next. These feelings are normal reactions to stressful situations; however, if these feelings last longer than expected (and significantly interfere with your life), then it may be PTSD.

PTSD is a mental health condition that can develop after a person has experienced or witnessed any event that results in psychological trauma. It was originally called “shell shock” during World War I, and it was officially recognized as a disorder in the Western world in 1980.

While PTSD often occurs after one specific traumatic incident, such as military combat or natural disasters, it can also be caused by repeated or prolonged exposure to such events. For example, people who have been exposed repeatedly to domestic violence may experience PTSD symptoms if they are unable to leave the situation.

Symptoms of PTSD are different for people

PTSD can vary greatly in severity and intensity, but it always takes some time to develop. Some people may experience mild symptoms that last for a few days or weeks after an event, while others experience severe symptoms that affect their daily lives for years. The symptoms can also vary from person to person depending on the type of trauma they experienced, their coping strategies for dealing with it and other factors like gender, age, and cultural background.

Nightmares and flashbacks are the most common symptoms of PTSD. Both nightmares and flashbacks can be very frightening and make it hard for people who have them to sleep well at night or concentrate during the day. 

It is common for people who have suffered trauma to feel detached from themselves. Some of the most common symptoms include:

  • Emotional numbness. They may feel detached from their feelings and find it difficult to express emotion or be empathetic towards others.
  • Feeling like you are not real. Trauma survivors often describe this feeling as an out-of-body experience where they cannot trust their own perceptions of reality, such as seeing themselves walking but not being sure if they are actually moving or feeling like they’re watching a movie rather than living through an event.
  • Feeling like you are not in control of your own actions or thoughts, especially when triggered by reminders of past traumatic experiences (e.g., flashbacks).

Symptoms of PTSD are not only psychological. PTSD may have physical ramifications as well, including:

  • Heart palpitations or chest pain;
  • Shortness of breath;
  • Dizziness or faintness; and
  • Sweating, trembling, nausea and/or vomiting.

Triggers of PTSD for Immigrants and Refugees

Triggers are different for everyone. Triggers can be reminders of a traumatic event, such as seeing someone who looks like someone from one’s past or experiencing a certain smell or sound. Immigrants and refugees may have specific kinds of triggers due to their experience with war or violence in their home countries and being separated from loved ones when they came here as refugees.

Although immigrants and refugees may have come to Canada for a better life, it is important to remember that established norms and attitudes here may have a negative impact on their mental health as well. For instance, further triggers of PTSD can include being targeted because they’re not the race of the majority here in Canada (as many immigrants are) or experiencing racism by other Canadians. In fact, a 2021 study found that 7.5 percent of minority immigrants experience PTSD. Comparatively, only 3.6 percent of white immigrants experience PTSD. 

Treatment for PTSD

There are a few ways to address PTSD if you or a loved one is suffering:

  • Medication Medication can help improve sleep or reduce anxiety, depression and other symptoms of PTSD. Due to provincial health care plans, a lot of Canadians take for granted the added expense of medication. This may not be the most affordable option for all individuals for this reason.
  • Talk therapy – A therapist can help their clients learn ways to cope with trauma and manage their feelings. The goal of talk therapy is to help individuals live a full life with less fear and more joy.
  • Cognitive behavioural therapy – This type of talk therapy helps individuals recognize the thoughts that trigger stress reactions and teaches new ways of thinking that are less stressful to the body.
  • Group therapy – Group therapy provides social support while also helping participants develop skills they can use on their own outside of group sessions. For example, one can learn how to deal with managing flashbacks during exposure therapy by imagining them as movie scenes rather than real events happening in front of them at the moment of recall so as not trigger such strong reactions from both mind and body simultaneously. Meditation may also help one calm down before going through any type of exposure treatment session so as not to become overwhelmed by emotions.

Garson Immigration Lawyers in Toronto Can Help Reduce the Stress of the Immigration Process

At Garson Immigration Law, we are exclusively dedicated to the practice of immigration law. We understand that waiting for your immigration application to be processed can be stressful. Our immigration lawyers can help successfully guide you through the immigration process and find solutions for your individual immigration needs.

We work to find effective solutions for our clients in all kinds of immigration matters, including permanent residenceinadmissibility, and US immigration. If you have any questions about an immigration application, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration Canadian Immigration News Super Visas

Super Visa Changes Set for Later this Summer

On June 7, Immigration, Refugees and Citizenship Canada announced that some changes are coming to the Super Visa program later this summer. Canada issues approximately 17,000 super visas a year, making the super visa a popular option for family reunification in Canada.

What is a Super Visa?

The super visa is a visa for parents and grandparents of Canadian citizens and permanent residents. It works differently than a standard visitor visa, as visitor visas only entitle the holder to stay in Canada for a maximum of six months before the holder needs to renew their status. Currently, the super visa allows the holder to remain in Canada for up to two years before the holder needs to reapply. As a result of the extended period in which the holder is permitted to stay in Canada when compared with a regular visitor visa, the super visa is an effective option for parents or grandparents who wish to join their children or grandchildren for a prolonged stay in Canada.

Super Visa Eligibility

There are a number of conditions that must be met in order for an applicant to qualify for a super visa. Applicants must satisfy the following minimum requirements in order to qualify:

  • The Applicant must be the parent or grandparent of a Canadian citizen or a permanent resident of Canada;
  • The Applicant’s child or grandchild who is a resident in Canada must provide a letter including:
    • a promise that the applicant will have adequate financial support for the duration of their visit;
    • a list of people in the household of the person providing the letter; and
    • a copy of their Canadian citizenship or permanent resident document.
  • The Applicant must have fully paid and approved medical insurance from a Canadian insurance company that:
    • is valid for at least 1 year from the date of entry; 
    • provides at least $100,000 of coverage; and
    • proof that medical insurance has been paid (quotes are not acceptable).

The above requirements must be provided accurately, or extensive delays, or even rejection of an applicant can occur. Super visas also must be applied for from outside of Canada. Further, Applicants need to be otherwise admissible to Canada, which means the applicant cannot have a poor health record or criminal record that would make them inadmissible to Canada. Applicants must also take an immigration medical exam in order to apply for a super visa.

For the financial support requirement, the government accepts certain forms from the applicant’s child or grandchild as proof of the minimum necessary income required in order to make a super visa application. Some of the documents that can be used as proof are Notice of Assessment (NOA) or T4/T1 for the most recent tax year, employment Insurance stubs, employment letter including salary and date of hiring, pay stubs, or bank statements.

Immigration, Refugees and Citizenship Canada also takes a few more factors into consideration when considering an application. They want to ensure that the applicant is a genuine visitor who will leave Canada by choice at the end of their visit. The factors that are taken into consideration are the Applicant’s ties to their home country, the purpose of their visit, their family and finances, and the overall economic and political stability of the Applicant’s home country. The factors are considered with the requirements set out above by Immigration, Refugees and Citizenship Canada in making a decision on an application. 

Upcoming Super Visa Changes

Immigration, Refugees and Citizenship Canada announced some changes to the super visa program that it is referring to as enhancements. The changes will come into force on July 4, 2022 and should make it even easier for Canadians to reunite with their parents and grandparents in Canada. 

On July 4, super visa holders will have the option to increase their length of stay to five years per entry into Canada. People who have a super visa will have the option to request to extend their stay by up to two years at a time while in Canada. These changes will allow holders of the visa to remain in Canada longer under a single visa when, as the length of stay has been increased from two years to five years.

Another change set to take place on July 4, is a change to make it easier for applicants to obtain approved medical insurance for their application. After July 4, the Minister of Immigration, Refugees and Citizenship will be able to designate international medical insurance companies that can provide coverage for super visa applicants. Currently, applicants can only obtain insurance through Canadian insurance companies, so expanding the number of ways by which applicants can obtain medical insurance should make the application process easier. Allowing applicants to obtain insurances from medical insurance companies outside Canada could also provide opportunities for applicants to save money on their policy, increasing the number of options available for applicants.

Overall, the changes being made should make the super visa program more attractive to potential applicants, and will make the application process easier for those potential applicants. The changes will benefit Canadians by allowing for more family reunifications and allowing those family members who take advantage of the program to remain in Canada for a longer period of time. Based on the changes, there will likely be an uptick in the number of applications for super visas. 

Thinking of Applying for a Super Visa? Garson Immigration Law in Toronto Can Help

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process and regularly work with clients looking to obtain a Canadian super visa. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

If you have any questions about whether you will be able to travel or about the circumstances of an immigration application during these uncertain times, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration Canadian Immigration News Entry to Canada

Could the Provincial Nominee Program Be Your Ticket to Canada?

In May 2022, Canada’s Provincial Nominee Programs together issued more than 1,400 invitations to apply for provincial nomination. Read on to understand what this means and if applying for provincial nomination could be for you.

What is the Provincial Nominee Program?

The Provincial Nominee Program is an option for workers who have the skills and experience to contribute to a specific province or territory’s economy. Provinces and territories target different groups, so each one has its own unique requirements. For example, provinces and territories could target various groups ranging from students and businesspeople to skilled and semi-skilled workers. This is one avenue through which foreign nationals can become permanent residents in Canada. 

Why did the Provincial Nominee Program come into existence?

Both the federal and provincial governments share responsibility for immigration in Canada under the Canadian Constitution. Before Provincial Nominee Programs existed, the majority of Canada’s immigrants were settling in Ontario, Quebec and British Columbia. Provincial Nominee Programs were launched in 1998 to not only “spread the wealth” of newcomers to this country but also to help ensure that the provinces have more control over who they wish to have settled in their province. 

Each Provincial Nominee Program has at least one stream that aligns with the federal government’s Express Entry selection system. If an Express Entry applicant is also nominated by a province, it gives them additional points on their application. These additional points more or less guarantee an invitation for permanent residence under the Express Entry program.

How to apply for a Provincial Nominee Program

The way to apply is dependent on which program you are applying to. There are two processes: paper-based and online (referred to as Express Entry). Regardless of which way you choose to apply, you will be required to pass a medical exam and get a police check.

For the paper-based process, interested foreign nationals must apply through one of the province or territory’s non-Express Entry streams. If you meet the eligibility requirements, the province may nominate you. Once nominated, you can apply for permanent residence through a paper application. This method takes longer than Express Entry.

If you opt to apply through Express Entry, you have two options. First, you can apply under the province or territory’s Express Entry stream. If you are nominated, you create an Express Entry profile and show that you have been nominated. The second option is to create an Express Entry profile in advance and select your provinces and territories of interest. Then, the provinces or territories you’ve selected may send you a “notification of interest.” You will contact them directly and then apply to their Express Entry stream.

An Overview of Provincial Nominee Programs

Each province and territory have their own program to attract skilled workers to their unique economic needs and opportunities. Remember that each program has its own streams – so although the programs available are limited by the number of provinces and territories in this country, there are more than 80 provincial immigration streams overall.

Here is a brief overview of some of the programs that are offered:

  • Alberta Advantage Immigration Program: Involves eight streams that are divided into a category for workers and a category for entrepreneurs. Applicants must meet specific criteria and show an intention to reside in the province long-term.
  • British Columbia Provincial Nominee Program: Consists of three streams called Skills Immigration, Express Entry BC and Entrepreneur Immigration Streams. The program targets skilled workers, international graduates and other professionals with the skills, experience, and qualifications needed in British Columbia.
  • Manitoba Provincial Nominee Program: Has streams for skilled workers and families that are seeking to reside in the province permanently. It is currently being renewed.
  • New Brunswick Provincial Nominee Program: Consists of streams that target entrepreneurs, international graduates and skilled workers.
  • Newfoundland and Labrador Provincial Nominee Program: Focuses on skilled workers, international graduates, and entrepreneurs that meet criteria which include having a job offer, the intention to reside in the province, and the ability to become economically established.
  • Nova Scotia Nominee Program: Seeks eligible skilled workers, international graduates, entrepreneurs and professionals who hope to permanently settle in the province.
  • Ontario Immigrant Nominee Program: Targets foreign workers, international students, business owners or entrepreneurs who intend on settling down permanently in the province as permanent residents.
  • Prince Edward Island Provincial Nominee Program: Targets skilled workers, international graduates, and entrepreneurs. Must intend on living and working in the province and be able to become economically established.
  • Saskatchewan Immigrant Nominee Program: Selects and nominates eligible foreign nationals through its International Skilled Worker: Express Entry and Occupation In-Demand categories.
  • Northwest Territories Nominee Program: Has two streams, Employer Driven and Business, that are broken down into sub-streams, including one specifically for skilled workers.
  • Yukon Nominee Program: Helps eligible employers nominate internationally-trained foreign workers and those in business for Canadian permanent residence.

Contact Garson Immigration Law in Toronto to Assess Your Options for Provincial Nomination

The immigration lawyers at Garson Immigration Law understand that obtaining permanent residence is a goal for many foreign nationals in Canada. As a firm exclusively dedicated to the practice of immigration law, we know the ins and outs of Canada’s immigration system. We successfully guide our clients through immigration processes, from temporary residence to citizenship. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. If you have any questions about an immigration application during these uncertain times, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration Canadian Immigration News

Possible Solutions to Overcome Canada’s Immigration Backlog

It’s no secret that Canada’s immigration system has been stretched thin, and this has seemingly worsened over the course of the pandemic. With government employees working remotely, Immigration, Refugees and Citizenship Canada’s ability to process applications has been limited. As a result, since 2020 the backlog has doubled to 2.1 million people

International students’ applications are not being processed

The backlogs have caused extra strife for those with ongoing study commitments in Canada. Some international students have waited upwards of six months with no information on the status of their applications. Many have even begun their courses online without a student visa. Currently, processing times for student visas are 11 weeks. With the federal government focused on refugees from Ukraine and Afghanistan, in addition to the pandemic-related travel restrictions causing huge delays, some applicants feel like international students are being placed on the backburner.

Others are opting to defer their studies until they learn more about the status of their applications, but that is not an option for all. The reality is that, even for those with the means to do it, it can be devastating to stall an important step in one’s life. Especially when that step involves moving to another country to further your education and make a better life for your family.

For students with spouses, programs like the Spouse Open Work Permit can be essential to ensuring families can stay together. Unfortunately, under this program, many are left waiting and people are growing increasingly impatient. To mend the problem, Immigration, Refugees and Citizenship Canada is hiring new staff, digitizing applications, and reallocating work amongst its global office network. 

Recent tools can help you see updates to your processing time

This year, Immigration, Refugees and Citizenship Canada updated its processing times tool for greater accuracy in predicting the time to process applications. Processing times are updated on a weekly basis for temporary residence applications and most permanent residence and citizenship services. The update now reflects the large volumes of applications that are being processed and any changes that affect the government department’s ability to process.

While helpful in alleviating some of the anxiety many applicants are feeling, the new tool is not exactly a fix. Some applicants are seeing their updates increasing the wait time by more than 3 times. For those that opt to contact Immigration, Refugees and Citizenship Canada via their online form, the information sent back may not actually address their concerns.

Eligibility for a Judicial review to speed up wait times if your matter has already been appealed

For those who have been waiting for a very long time, it may be possible to use the judicial process to speed up the processing of their application. Section 72(1) of the Immigration and Refugee Protection Act provides for judicial review with respect to any matter such as “a decision, determination or order made, a measure taken or a question raised.” Judicial review is exactly what it sounds like – a judge is given the opportunity to review the decision of a decision-maker. 

However, it is only available to those who have exhausted their appeal rights. This means a decision would have already needed to be made by the Immigration and Refugee Board, and an appeal must have already been sought with either the Immigration Appeal Division or the Refugee Appeal Division.

Ask the federal court to order that a decision be made

If you have been waiting a long time, another route you can take is to seek an order for mandamus. Mandamus comes from the Latin word meaning “we command.” Essentially, an order for mandamus is asking the court to order a government officer or public authority to do something they are obligated by law to do. In this instance, the writ of mandamus would ask the court to order Immigration, Refugees and Citizenship Canada to decide on an application within a specific timeframe. This is considered a drastic remedy, and is only used where there is a “clear and indisputable right to the relief sought.”

What is required for mandamus to be issued?

The Federal Court of Canada has exclusive jurisdiction to hear and determine cases on the writ of mandamus. In Apotex Inc v Canada (Attorney General), the Federal Court of Appeal held that eight requirements must be met before mandamus can be issued. These requirements are as follows:

  1. There must be a public legal duty to act.
  2. The duty must be owed to the applicant.
  3. There is a clear right to the performance of that duty, in particular:
    1. the applicant has satisfied all conditions precedent giving rise to the duty;
    2. there was:
      1. a prior demand for performance of the duty;
      2. a reasonable time to comply with the demand unless refused outright; and
      3. a subsequent refusal which can be either expressed or implied, e.g. unreasonable delay.
  4. Where the duty sought to be enforced is discretionary, certain additional principles apply.
  5. No other adequate remedy is available to the applicant.
  6. The order sought will be of some practical value or effect.
  7. The Court in the exercise of discretion finds no equitable bar to the relief sought.
  8. On a balance of convenience, an order in the nature of mandamus should issue.

Unreasonable delays can amount to a refusal to perform

The third requirement for mandamus involves unreasonable delay. When there is unreasonable delay in the performance of a public duty, it can be implied that there has been a refusal to perform. Delays can be considered unreasonable if three requirements are met, as set out in Conille v Canada (Citizenship and Immigration):

  1. The delay in question is prima facie longer than the nature of the process required;
  2. The applicant and his counsel are not responsible for the delay; and
  3. The authority responsible for the delay has not provided satisfactory justification.

Contact Garson Immigration Law in Toronto to Learn More About Your Immigration Options

At Garson Immigration Law, we are exclusively dedicated to the practice of immigration law. We understand that waiting for your immigration application to be processed can be stressful. Our immigration lawyers can help successfully guide you through the immigration process and find solutions for your individual immigration needs.

We work to find effective solutions for our clients in all kinds of immigration matters, including permanent residence, inadmissibility, and US immigration. If you have any questions about an immigration application, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration Refugees

Busy Week in Immigration: Border Regulations Change and Government Response to Ukraine Conflict

February 28 Canadian Border Regulation Change

In a world marred by inconsistency and new challenges brought on by the COVID-19 pandemic, one thing that has remained consistent during these trying times are frequent regulation changes for travel into Canada. The rules regarding entry into Canada changed again on February 28, 2022, in response to decreasing levels of COVID-19 within Canada and generally around the world. The Canadian government adjusted its Travel Health Notice where it now no longer recommends that Canadians avoid travel for non-essential purposes.

Despite the new regulations representing a relaxation of the stringent restrictions on travel that have been in place since the beginning of the pandemic, it is still important for prospective travellers to Canada to be aware of the regulations in order to ensure that they have the best chance of being granted entry into Canada through compliance with the regulations.  

Part of the new regulations is what the government says is easing on-arrival COVID-19 testing for fully vaccinated travellers. There are still going to be travellers who are randomly selected for on-arrival testing upon entry into Canada, however this seems to suggest that less testing will be conducted. Also, now travellers awaiting on-arrival test results will no longer be required to quarantine while awaiting the result of their COVID-19 test. Vaccinated travellers will still need to have a quarantine plan and use the ArriveCAN app in order to enter Canada.

There is some continuity in the regulations as children under 12 years old who are travelling with fully vaccinated adults will still be exempt from any quarantine requirements upon entry into Canada. There is also continuity in the rules for unvaccinated travellers to Canada, who are required to take a COVID-19 test upon arrival in Canada, another test on day 8 after arrival, and quarantine for 14 days after arrival. Unvaccinated foreign nationals still cannot enter Canada unless they fit into one of the narrowly recognized exceptions for entry. 

There has been some controversy over the pre-arrival COVID-19 testing requirement for entry into Canada. In the new regulations, the testing requirement remains, but there will be more options available to travelers to satisfy the testing requirement. Previously, travellers coming into Canada had to show proof of a negative molecular COVID-19 test taken no more than 72 hours before the scheduled flight or arrival at a port of entry in order to meet the pre-entry requirements. Now, travellers have the option of using a molecular test, or a COVID-19 rapid antigen test taken a day prior to their scheduled flight or arrival at a land border. If a traveller opts for the rapid antigen test, they must ensure that it is a test that is authorized by the country in which it was purchased and it must be administered by a laboratory, healthcare entity or telehealth service. Taking a rapid antigen test at home that has not been authorized does not meet the requirement.

Canadian Immigration Response To Ukraine Conflict 

The conflict in Ukraine has created a dire situation for everyone in the country, and Ukrainian nationals who are abroad without permanent status. The Canadian government has taken steps since the beginning of the conflict to help those who have been impacted, including adding more ways to contact Immigration, Refugees and Citizenship Canada in order to receive answers to immigration questions as quickly as possible.

The Canadian government is urgently processing new and replacement passports and travel documents for citizens and permanent residents of Canada in Ukraine, so they can return to Canada at any time. This measure includes document processing for immediate family members of people who are receiving the aforementioned documents who want to come with the person receiving the documents. 

The Canadian government will further be prioritizing many applications to come to Canada for people who currently live in Ukraine. The applications included in the prioritization effort include permanent residence, proof of citizenship, temporary residence, and citizenship grants for adoption. 

There will also be an extension of a temporary public policy that lets some visitors in Canada, including Ukrainians, apply for a work permit from within Canada. This means that people who receive a job offer can remain in Canada and begin working while their work permit application is processed. This extension will allow Ukrainians who may have had to return to Ukraine to remain in Canada longer. The government has indicated that it is working to make sure that Ukrainians working, studying, and living in Canada can stay in Canada. 

No Word Yet on Refugees

The conflict in Ukraine has resulted in a mass exodus from the country, as more than 600,000 civilians have fled Ukraine since February 24. Recently, there was another refugee crisis when the Taliban took control of Afghanistan. After the Taliban took control, the Canadian government made a special allowance for Afghans to come to Canada as refugees.  

There has been no word yet from the Canadian government on if there will be a special refugee allowance that will be allocated to Ukrainian citizens, in a similar fashion to the one that was created for Afghans. When Afghanistan fell, Minister of Immigration Marco Mendicino said: 

“Offering refuge to the world’s most vulnerable speaks to who we are as Canadians, particularly in times of crisis.”

Given his words, it is likely we will see some sort of program created by the Canadian government for Ukrainian refugees at some point in the future.

Call Garson Immigration Law In Toronto For Help With Your Immigration And Travel Related Issues

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19, and will provide updates as the situation develops. If you have any questions about if you will be able to travel during these uncertain times, do not hesitate to reach out to us online or by calling us at 416-321-2860.