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With the implications of the recent election in America looming over the country,  I have taken it upon myself to write this blog on immigrating to Canada.  I noticed a vast majority of minorities and American citizens would like to explore immigration possibilities outside of America because of the political and social instability caused by Donald Trump and his destructive political rhetoric.

The process of immigrating to Canada is rather complex and difficult.  It is recommended that people wishing to immigrate to Canada retain an authorized representatives under the Immigration and Refugee Protection Act (IRPA) to act on their behalf.  Currently, licensees of the Law Society (Lawyers & Paralegals) and licensed Immigration Consultants are the only authorized representatives under IRPA.  The first step is finding a reputable advocate to represent you during this difficult process.

Whether you have a representative or not you will still want to know if you meet the eligibility requirements.   Please visit the following link to the Canadian government’s website regarding eligibility for more information.  (Eligibility Link: http://www.cic.gc.ca/ctc-vac/getting-started.asp )

After determining your eligibility you then need to apply to immigrate, however there are different programs to apply under and a representative will determine the best immigration stream to apply under for the best chance of a successful application.  This can be difficult without a legal representative.  (Eligibility Link: http://www.cic.gc.ca/english/immigrate/apply.asp ) .

Many applicants regrettably fail to obtain a legal representative and as such their applications are incomplete, incorrectly executed, untruthful, or not submitted under the best possible immigration stream.  Ultimately their applications are denied and all the time and money they put towards immigration is wasted.   It is at this point most immigration applicants finally obtain a legal representative in hopes of filing an appeal and obtaining a successful appeal decision that will overturn their denied application.  In reality a representative cannot always correct mistakes or incorrect information already submitted previously to Citizenship and Immigration (CIC).  A representative can only argue that a mistake was made in the immigration member’s decision if the mistake is the applicant’s fault there is little recourse.  Furthermore, a representative cannot rectify untruthful or incorrect information submitted to the CIC previously, this is why it is so important to submit the first application correctly.  (Appeals Link: http://www.irb-cisr.gc.ca/Eng/ImmApp/Pages/ImmApp.aspx ).

If any information submitted to the CIC is untruthful or incorrect you can be deemed to have committed misrepresentation and will, therefore be ineligible to immigrate to Canada for an additional 5 years.  Even when people do not misrepresent themselves intentionally they are still caught under this provision of the IRPA.  A legal representative can help ensure the most accurate information is submitted to the CIC in order to avoid this problem.  (Misrepresentation Link: http://www.cic.gc.ca/English/information/protection/fraud/document.asp )

Author – Brandon La Forty – Laforty Legal Services, November 9, 2016

Contact: Brandon La Forty – Paralegal

Email: Brandon@laforty.com

Phone: 905-341-2977

Website: http://www.laforty.com/legal-services/

 

Disclaimer –  Please note this blog is not legal advice and as such should not be construed as legal advice or relied upon as legal advice,  please contact an authorized representative under IRPA for legal advice.

Article: Syrian Refugees & the RPD, Author: Brandon La Forty, Date: December 3, 2015

Canada has already issued over 1000 Permanent Resident Visas to Syrian Refugees and almost 300 have reached Canada.  The figures can be tracked at the following link:  http://www.cic.gc.ca/english/refugees/welcome/index.asp

Brandon La Forty can ensure you get professional representation at your Refugee Determination Hearing – Timelines for RPD hearings from when your claim is referred to the RPD:

If you are from a DCO and you made your claim at an inland office:
No later than 30 days after your claim is sent to the RPD

OR

If you are from a DCO and you made your claim at a port of entry:
No later than 45 days after your claim is sent to the RPD

OR

If you are not from a DCO:
No later than 60 days after your claim is sent to the RPD  (CIC website)

Do I need counsel to represent me in my Refugee claim?

You may represent yourself. You are not required to have a counsel to represent you. However, you may decide that you want someone to help you present your case at your hearing. If this is the case, you must ensure that the counsel you choose is available for the date and time shown on your Notice to Appear for a Hearing.

You must also immediately give your counsel’s contact information in writing to the RPD and also to CIC or to the CBSA (whichever sent your claim to the RPD). Contact information means address, phone number, fax number and email address, if any. If you change counsel during your claim process, you must advise the RPD by completing a new Counsel Contact Information form. (CIC website)

Who can be counsel?

Your counsel may be:

• a member in good standing of a provincial law society (lawyer or paralegal, in a province that allows paralegals to be members of the law society)
• a member in good standing of the Chambre des notaires du Québec; or
• an immigration consultant who is a member in good standing of the Immigration Consultants of Canada Regulatory Council.

Only a counsel as described above can represent you at the RPD and charge you a fee. (CIC Website)

Overview of Process:

• Make refugee claim at POE or inland office
• Complete and submit BOC form by required deadline (& attend eligibility interview if necessary)
• Hearing preparation & gathering of documents
• Attend Refugee Determination Hearing
• Notice of Decision
• Appeal to RAD (if necessary)

What do I need to show in order for my claim to be accepted?

You must show that you are a Convention refugee or a person in need of protection.

• You are considered a Convention refugee if you have a well-founded fear of persecution in your home country (your country of nationality or, if you do not have one, the country where you usually lived in the past) based on your race, religion, nationality, membership in a particular social group or political opinion.
• You are considered a person in need of protection if you would be subjected personally to a danger of torture, to a risk to your life or to a risk of cruel and unusual treatment or punishment if you were returned to your home country (CIC Website)

Refugee determination hearings can be very difficult for unrepresented parties, Brandon La Forty can help with this difficult process (contact information below).

CONTACT:  BRANDON LA FORTY- Email- brandon@laforty.com , Phone- (905)-341-2977

 

Reference: CIC website- http://www.irb-cisr.gc.ca/Eng/RefClaDem/Pages/ClaDemGuide.aspx#_Toc340245777

Citizenship Act (the Act)

New provisions allow Canadian citizenship to be revoked for certain reasons. This has sparked growing concern for Canadian citizens residing outside of Canada. It is unclear how the new Act will be enforced, the Act uses the wording “may” suggesting there may be leeway for discretionary decisions. The citizenship process has also been reduced down to a one step process (opposed to the previous three steps) raising questions about Canadian borders and nationalism.  This shift in citizenship processing appears to be an economic decision (reducing the amount of administrative steps and procedures) rather than one with a legal or practical basis.

Questions?

Please email brandon@laforty.com