IMMIGRATION LAWYER

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IMMIGRATION LAWYER

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FILIPINO IMMIGRATION LAWYER IN TORONTO

We also want what’s best for you: Study, work and live in Canada. AJ Law LLP’s Filipino Immigration Lawyer in Toronto endeavors to help you achieve your dreams.

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IMMIGRATION LAW

Misrepresentation

The Immigration and Refugee Protection Act (IRPA) sets out that a foreign national or permanent resident is inadmissible for misrepresentation:

  1. for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
  2. for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;
  3. on a final determination to vacate a decision to allow their claim for refugee protection or application for protection; or
  4. on ceasing to be a citizen under:
    1. paragraph 10(1)(a) of the Citizenship Act, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, in the circumstances set out in subsection 10(2) of the Citizenship Act, as it read immediately before that coming into force,
    2. subsection 10(1) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act; or
    3. subsection 10.1(3) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act.

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IMMIGRATION LAW

Misrepresentation

The Immigration and Refugee Protection Act (IRPA) sets out that a foreign national or permanent resident is inadmissible for misrepresentation:

  1. for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act
  2. for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation
  3. on a final determination to vacate a decision to allow their claim for refugee protection or application for protection or
  4. on ceasing to be a citizen under:
    1. paragraph 10(1)(a) of the Citizenship Act, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, in the circumstances set out in subsection 10(2) of the Citizenship Act, as it read immediately before that coming into force,
    2. subsection 10(1) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act; or
    3. subsection 10.1(3) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act.

Medical Inadmissibility

The Immigration and Refugee Protection Act sets out that a foreign national is inadmissible on health grounds if their health condition is:

  1. likely to be a danger to public health;
  2. likely to be a danger to public safety; or
  3. might reasonably be expected to cause excessive demand on health or social services.

Criminal Inadmissibility

The Immigration and Refugee Protection Act sets out at section 36 when a permanent resident or a foreign national is inadmissible on the grounds of serious criminality for:

  1. having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed
  2. having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years or
  3. committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

In addition, a foreign national is inadmissible on the grounds of criminality for:

  1. having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;
  2. having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament
  3. committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament or
  4. committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations.

Removal Orders

Removal Orders may arise in the following circumstances:

  1. The Immigration Division (ID) or Immigration Appeal Division (IAD) determines that a Removal Order should be issued after a hearing;
  2. A Canada Border Services Agency (CBSA) Officer issues a Removal Order after an examination or
  3. An individual submits a refugee claim, and so receives a conditional Removal Order that will come into effect shortly after any refusal or abandonment of a refugee claim
visa-denied

Types of Removal Orders and their Consequences

1. Departure Orders

A departure order is issued due to variety of reasons and carries the least consequence. You may receive a departure order if you lose your permanent residence status and any appeals. For Refugee/ Protected Persons claimants, a conditional departure order will be issued upon making a claim and is enforceable as soon as the refugee claim fails and any appeals.

2. Exclusion Orders

An exclusion order requires the foreign national to leave Canada. It includes a time of 5 years for which a foreign national is barred from entering Canada. Exclusion orders can be issued by CBSA officers or as a consequence of a hearing at the Immigration and Refugee Board.

3. Deportation Orders

Deportation orders carries lasting consequences. They often rise when a departure order is issued but the foreign national did not leave Canada or did not inform CBSA of voluntary departure. Where a deportation order is made, the foreign national is barred permanently from entering Canada.

Medical Inadmissibility

The Immigration and Refugee Protection Act sets out that a foreign national is inadmissible on health grounds if their health condition is:

  1. likely to be a danger to public health
  2. likely to be a danger to public safety or
  3. might reasonably be expected to cause excessive demand on health or social services.

Criminal Inadmissibility

The Immigration and Refugee Protection Act sets out at section 36 when a permanent resident or a foreign national is inadmissible on the grounds of serious criminality for:

  1. having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;
  2. having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years or
  3. committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

In addition, a foreign national is inadmissible on the grounds of criminality for:

  1. having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;
  2. having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;
  3. committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament or
  4. committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations.

Removal Orders

Removal Orders may arise in the following circumstances:

  1. The Immigration Division (ID) or Immigration Appeal Division (IAD) determines that a Removal Order should be issued after a hearing;
  2. A Canada Border Services Agency (CBSA) Officer issues a Removal Order after an examination or
  3. An individual submits a refugee claim, and so receives a conditional Removal Order that will come into effect shortly after any refusal or abandonment of a refugee claim
visa-denied

Types of Removal Orders and their Consequences

1. Departure Orders

A departure order is issued due to variety of reasons and carries the least consequence. You may receive a departure order if you lose your permanent residence status and any appeals. For Refugee/ Protected Persons claimants, a conditional departure order will be issued upon making a claim and is enforceable as soon as the refugee claim fails and any appeals.

2. Exclusion Orders

An exclusion order requires the foreign national to leave Canada. It includes a time of 5 years for which a foreign national is barred from entering Canada. Exclusion orders can be issued by CBSA officers or as a consequence of a hearing at the Immigration and Refugee Board.

3. Deportation Orders

Deportation orders carries lasting consequences. They often rise when a departure order is issued but the foreign national did not leave Canada or did not inform CBSA of voluntary departure. Where a deportation order is made, the foreign national is barred permanently from entering Canada.

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Express Entry

Express Entry – The Express Entry system is a three-stage active immigration process.

First, the applicants must submit an Express Entry form online.

Second, the Immigration, Refugees and Citizenship Canada (IRCC) assesses the applicants based on the eligibility criteria. The potential candidates who are deemed to have met the eligibility criteria are entered into a pool.

Third, candidates whose profiles align with the needs of the government and Canadian employers, will be issued an “Invitation to Apply”. The candidates who received and ITA can apply for permanent residence.

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Express Entry

Express Entry – The Express Entry system is a three-stage active immigration process.

First, the applicants must submit an Express Entry form online.

Second, the Immigration, Refugees and Citizenship Canada (IRCC) assesses the applicants based on the eligibility criteria. The potential candidates who are deemed to have met the eligibility criteria are entered into a pool.

Third, candidates whose profiles align with the needs of the government and Canadian employers, will be issued an “Invitation to Apply”. The candidates who received and ITA can apply for permanent residence.

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Family Class Sponsorship

Family Class Sponsorship – A Canadian citizen or permanent resident can sponsor his/her spouse, common-law partner, conjugal partner, and dependent child to immigrate to Canada as a permanent resident. In addition, a Canadian citizen or permanent resident may also sponsor his or her parent or grandparent.

The sponsor and the Applicant must meet the requirements and go through medical and criminal screening.

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Family Class Sponsorship

Family Class Sponsorship – A Canadian citizen or permanent resident can sponsor his/her spouse, common-law partner, conjugal partner, and dependent child to immigrate to Canada as a permanent resident. In addition, a Canadian citizen or permanent resident may also sponsor his or her parent or grandparent.

The sponsor and the Applicant must meet the requirements and go through medical and criminal screening.

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Caregiver

Two pathways to permanent residence for caregivers:

Caring for Children Pathway.

Caring for People with High Medical Needs Pathway.
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Caregiver

Two pathways to permanent residence for caregivers:

Caring for Children Pathway.

Caring for People with High Medical Needs Pathway.

1. Caring for Children Pathway. In order to qualify for permanent residence under this category, the worker must have 2 years of full-time work experience in Canada as a home child care provider within the past 4 years, a minimum of 5 in Canadian Language Benchmark and a Canadian post-secondary education of at least 1 year or an equivalent foreign credential.

2. Caring for People with High Medical Needs Pathway. This includes 2 years of full-time work experience in Canada providing in-home care or care in a health facility to the elderly or persons with disabilities or chronic disease, licensed to practice in Canada, a minimum of 7 in Canadian Language Benchmark if applying as a registered nurse or 5 if applying in other occupation, and Canadian post-secondary education of at least 1 year or an equivalent foreign credential.

Humanitarian and Compassionate

Section 25 of the Immigration and Refugee Protection Act (IRPA) is Humanitarian and Compassionate (H&C) Applications.

Applications through H&C are based on the Applicant’s personal circumstances and whether they merit H&C consideration. Most decisions are based on economic and cultural establishment. In addition, one of the strongest factors under H&C is taking into consideration the best interests of the child.

H&C is one of the most complex application to prepare. For more information, contact AJ Law LLP.

Refugee Protection

The Immigration and Refugee Protection Act sets out at section 96:

A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,

  1. is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themself of the protection of each of those countries; or
  2. not having a country of nationality, is outside the country of their former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.

In order to claim for refugee status, the fear of persecution must be one of the five reasons. The individual must demonstrate that their country is unable or unwilling to provide them with adequate state protection.

Work Permits

Work Permits – They are generally required for individuals who want to work in Canada on a temporary basis.

There are two types of work permits:

  1. Open work permit – It allows you to work for any employer in Canada except for an employer who is listed as ineligible on the list of employers who have failed to comply with the conditions or who regularly offers striptease, erotic dance, escort services or erotic massages.
  2. Employer- specific work permit – It allows you to work according to the conditions on your work permit, which include the name of the employer you can work for, how long you can work and the location where you can work (if applicable).

LMIAs

LMIAs – A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to get before hiring a foreign worker. A positive LMIA will show that there is a need for a foreign worker to fill the job. It will also show that no Canadian worker or permanent resident is available to do the job. A positive LMIA is sometimes called a confirmation letter.

In order for the worker to apply for work permit, he/she needs: a job offer letter, a contract, a copy of the LMIA, and the LMIA number.

1. Caring for Children Pathway. In order to qualify for permanent residence under this category, the worker must have 2 years of full-time work experience in Canada as a home child care provider within the past 4 years, a minimum of 5 in Canadian Language Benchmark and a Canadian post-secondary education of at least 1 year or an equivalent foreign credential.

2. Caring for People with High Medical Needs Pathway. This includes 2 years of full-time work experience in Canada providing in-home care or care in a health facility to the elderly or persons with disabilities or chronic disease, licensed to practice in Canada, a minimum of 7 in Canadian Language Benchmark if applying as a registered nurse or 5 if applying in other occupation, and Canadian post-secondary education of at least 1 year or an equivalent foreign credential.

Humanitarian and Compassionate

Section 25 of the Immigration and Refugee Protection Act (IRPA) is Humanitarian and Compassionate (H&C) Applications.

Applications through H&C are based on the Applicant’s personal circumstances and whether they merit H&C consideration. Most decisions are based on economic and cultural establishment. In addition, one of the strongest factors under H&C is taking into consideration the best interests of the child.

H&C is one of the most complex application to prepare. For more information, contact AJ Law LLP.

Refugee Protection

The Immigration and Refugee Protection Act sets out at section 96:

A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,

  1. is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themself of the protection of each of those countries; or
  2. not having a country of nationality, is outside the country of their former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.

In order to claim for refugee status, the fear of persecution must be one of the five reasons. The individual must demonstrate that their country is unable or unwilling to provide them with adequate state protection.

Work Permits

Work Permits – They are generally required for individuals who want to work in Canada on a temporary basis.

There are two types of work permits:

  1. Open work permit – It allows you to work for any employer in Canada except for an employer who is listed as ineligible on the list of employers who have failed to comply with the conditions or who regularly offers striptease, erotic dance, escort services or erotic massages.
  2. Employer- specific work permit – It allows you to work according to the conditions on your work permit, which include the name of the employer you can work for, how long you can work and the location where you can work (if applicable).

LMIAs

LMIAs – A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to get before hiring a foreign worker. A positive LMIA will show that there is a need for a foreign worker to fill the job. It will also show that no Canadian worker or permanent resident is available to do the job. A positive LMIA is sometimes called a confirmation letter.

In order for the worker to apply for work permit, he/she needs: a job offer letter, a contract, a copy of the LMIA, and the LMIA number.

International Student key to permanent residency

Study Permits

Study Permits – Study permits are required for individuals who wish to study in Canada. The foreign national must be accepted by a designated learning institution in Canada then apply for a student permit. The foreign national must also prove to IRCC that he/she is financially capable of supporting his/her needs during their stay. In addition, IRCC will want to see that they have sufficient ties to their home country and that they will return home once they have completed their studies. It is important to note that certain institutions and lengths of programs will qualify you for off-campus and post-graduate work permits.

International Student key to permanent residency

Study Permits

Study Permits – Study permits are required for individuals who wish to study in Canada. The foreign national must be accepted by a designated learning institution in Canada then apply for a student permit. The foreign national must also prove to IRCC that he/she is financially capable of supporting his/her needs during their stay. In addition, IRCC will want to see that they have sufficient ties to their home country and that they will return home once they have completed their studies. It is important to note that certain institutions and lengths of programs will qualify you for off-campus and post-graduate work permits.

Visitor Visas

Visitor Visas – A visitor visa (also called a temporary resident visa) is an official document that is attached your passport. It shows that you meet the requirements needed to enter or travel through Canada.

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Super Visas

Super Visas – It allows eligible parents and grandparents to apply and enjoy visiting their family in Canada for up to two years without the need to renew status. IRCC may issue a multiple-entry visa valid for up to 10 years to eligible applicants to facilitate their back and forth travel.

Canadian Citizenship Application

Canadian Citizenship Application – AJ Law LLP can assist you in determining your eligibility to apply for Canadian citizenship and your citizenship application.

Citizenship Refusals

Citizenship Refusals – If your application for Canadian citizenship is refused, it may be appealed to the Federal Court of Canada. A Notice of Application has to be filed to the Federal Court within 30 days of receipt of the decision from Citizenship.

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Immigration Appeals


Immigration Appeals – AJ Law LLP can represent you with appeals to the Immigration Appeal Division. The Immigration Appeal Division hears sponsorship appeals, removal order appeals and residency obligation appeals.

Refugee Appeals


Refugee Appeals – The Refugee Appeal Division is a branch of the Immigration and Refugee Board that hears cases regarding refused refugee claims at the Refugee Protection Division. The Refugee Appeal Division allows the claimant or in some cases the Minister the opportunity to prove that the panel at the Refugee Protection Division erred in fact or law or both in making their decision.

You can always visit our office at 160 Eglinton Avenue East, Suite 406, Toronto, ON, or call us at +1 (416) 409-5991. You can also send an email to [email protected] or book an appointment with us through our website: https://www.ajlawpartners.ca/

Visitor Visas

Visitor Visas – A visitor visa (also called a temporary resident visa) is an official document that is attached your passport. It shows that you meet the requirements needed to enter or travel through Canada.

Super-Visa-Filipino-immigration-lawyer-canada-aj-law-llp-landing-page-2

Super Visas

Super Visas – It allows eligible parents and grandparents to apply and enjoy visiting their family in Canada for up to two years without the need to renew status. IRCC may issue a multiple-entry visa valid for up to 10 years to eligible applicants to facilitate their back and forth travel.

Canadian Citizenship Application

Canadian Citizenship Application – AJ Law LLP can assist you in determining your eligibility to apply for Canadian citizenship and your citizenship application.

Citizenship Refusals

Citizenship Refusals – If your application for Canadian citizenship is refused, it may be appealed to the Federal Court of Canada. A Notice of Application has to be filed to the Federal Court within 30 days of receipt of the decision from Citizenship.

Citizenship-Refusal-Filipino-Immigration-Lawyer-Rejected-Citizenship-Doc-a-man-with-sad-face-aj-law-llp

Immigration Appeals

Immigration Appeals – AJ Law LLP can represent you with appeals to the Immigration Appeal Division. The Immigration Appeal Division hears sponsorship appeals, removal order appeals and residency obligation appeals.

Refugee Appeals

Refugee Appeals – The Refugee Appeal Division is a branch of the Immigration and Refugee Board that hears cases regarding refused refugee claims at the Refugee Protection Division. The Refugee Appeal Division allows the claimant or in some cases the Minister the opportunity to prove that the panel at the Refugee Protection Division erred in fact or law or both in making their decision.

You can always visit our office at 160 Eglinton Avenue East, Suite 406, Toronto, ON, or call us at +1 (416) 409-5991. You can also send an email to [email protected] or book an appointment with us through our website: https://www.ajlawpartners.ca/