Immigration Appeals and Inadmissibility to Canada

Sponsorship application refusal appeal

If the application for spousal, common-law or dependant child sponsorship has been refused, the applicant has the right to appeal this decision and explain why this application should be accepted. This appeal should be submitted in a timely manner as the applicant has only 30 days to file the appeal to the right authority. The appeal submission should be justified by reviewing the file Immigration officer decision and the file notes. In some cases, additional documents need to be provided. 

The appeal will be considered and allowed or dismissed. If the appeal is allowed, the principal applicant will be granted permanent residency status. 

Federal court and Jurisdiction review

In some cases when the immigration application is refused, the applicant has a right to require the federal court to review the legality of the actions of the immigration officer.

This application should be submitted within a certain amount of time after the time of the decision. This process will be held at the Federal court and includes several steps according to the specific circumstances of the case. The Immigration Lawyer professional advice is required if your immigration application was refused to determine what process is right in your case.  

Residency Obligation Appeal

Permanent residents of Canada are holders of the PR card. The PR card has an expiration date and is usually valid for 5 years since the issue date. This card can be extended once expired. The PR will be extended based on compliance with the residency obligation for Permanent Residency. The issue arises once the applicant does not meet the residency obligation for the Permanent Residence requirement. In this case, the application for a PR card will probably be refused and the applicant can also lose his PR status. If the application is refused the Residency Obligation Appeal can be submitted by the applicant. 

This is a complex process and better to be done by a legal professional. The legal professional will check the reasons for the refusal, review all the documents which were submitted, prepare the appeal application and the most important the supporting documents. The supporting documents should clearly demonstrate the reasons for the appeal and explain the situation. 

The appeal process starts with the submission of a Notice of appeal to the right authority and is based on the please of the applicant`s residency. This application should be submitted in a timely manner and meet an additional procedural deadline. The legal authority that will consider the appeal can allow or dismiss the appeal. 

Medical admissibility

All the applicants for permanent residency and some applicants for the temporary status in Canada must undergo the medical examination by the IRCC designated panel physicians. 

If the applicant has some medical condition, he/she might get an additional request for documents and medical records. This request calls a procedural fairness letter. Also, in some cases, an additional plan needs to be submitted as well. The IRCC officers processing the application and rely on information provided by the panel physician who did the medical examination and the doctors who are treating the parents. The officers use this information to determine the medical diagnosis and the prognosis, and the expected health and social services that the applicant requires. The costs for health and social services are usually calculated over 5 years and have an extremely strict limit. The applicant can be found inadmissible to Canada for excessive demand reasons if this cost is over the limit. In this case, the applicant’s application will be refused he/she will not be allowed to enter or stay in Canada. 

Our legal team can assist the applicants to determine the approximate cost of health and social services the applicant need. Also, in case of medical inadmissible to provide with all the options that the applicant might have.

Criminal admissibility

Since the criminal record can be a reason for the applicant to be inadmissible to Canada
this is important to know how to read into your criminal record, declare and provide an explanation to IRCC. Criminal records would differ from one another depending on the offences or violations and the time that passed. 

This is also important to identify which criminal record requires further actions to be taken
to enter or stay in Canada. In some cases, if the applicant has a past criminal record he might need to go through the process of obtaining permission to enter or stay in Canada.

We understand how important it is to make a move to live in a new country or reunite and spend memorable time with your loved ones, therefore if you are not sure or happen to have past criminal convictions or sentences on your record, it is best to receive proper and professional legal advice before you apply.

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