canadian immigration lawyer helps albanian family

Canadian Immigration Lawyer Grants Stay of Family’s Removal to Albania

In 1999, a mother and her two young daughters fled Albania to escape the threat that an escalating and increasingly violent blood feud involving their immediate family posed to their lives. She was soon followed by her husband to the United States, where their three youngest children were born. The family sought refuge there but were not successful. As news from Albania informed them of yet another emerging blood feud, the family, fearing for their lives and safety if returned to Albania, decided to seek protection in Canada.

They arrived in Canada in 2012 seeking asylum but were once again unsuccessful. The family’s former counsel filed an application for permanent residence based on humanitarian and compassionate (H&C) considerations but this application was rejected. In addition, the family’s Pre-Removal Risk Assessment (PRRA) application ended in another negative decision, and subsequently to a direction to report by CBSA. Facing removal to Albania and anxious for their safety and livelihood, the family sought the assistance of a Canadian immigration lawyer at Gerami Law.

The family’s counsel, Ms. Gerami, filed for and obtained leave to judicially review the findings for both the H&C and the PRRA applications, arguing that the decision reached in respect to both of these applications was unreasonable, incorrect and procedurally unfair. Ms. Gerami also successfully argued that the family’s removal to Albania should be stayed until the judicial review has been heard and decided, as the removal from Canada before then would result in irreparable harm to her clients. The Department of Justice consented to this motion, without prejudice to the main applications, and Federal Court ordered a stay of the family’s removal last week.

The Federal Court has now granted hearings in both of the family’s H&C and PRRA judicial review applications and they are scheduled to be heard by the Court in September of this year.


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June’s Canada Immigration Changes

Navigating the New Citizenship Requirements with the Help of a Qualified Citizenship Lawyer

Last month, on June 11, 2015, the new requirements for Canadian citizenship came into effect, creating drastic changes for Canada’s immigration system. The changes, which have been framed as an effort to increase the “value” of citizenship, have made it significantly more difficult and expensive to become a Canadian, even with the help of a citizenship lawyer. There is a risk that these changes will have a more adverse effect than expected, however; the people who may face the biggest difficulties becoming citizens may also be those who value it the most. How it affects the landscape of immigration in Canada in the long term remains to be seen.

Among the most controversial changes is the raising of the maximum age to take the knowledge and language test. Before the changes had taken place, applicants of age 55 or older were exempt from taking the test. Now, the age of exemption is 65—an entire decade older. For residents who were eagerly awaiting turning 55 to apply for citizenship because they have experienced difficulty in passing the test, this means an additional ten years of waiting to apply.

The requirement for time spent in Canada has also raised from three years to four in a six-year period. Though citizenship lawyers point out that this may make citizenship more difficult for people whose employment requires them to travel, otherwise it may simply create a delay for citizenship applications. Time spent in Canada before attaining permanent resident status is no longer counted in the application process.

There has also been an increase in the application fees: adults now must pay $630 each, and minors must pay $200. That steady employment is difficult to come by in the current economic state of the country for both citizens and non-citizens alike seems to have been overlooked entirely.

Another change has been increased authority by Citizenship and Immigration Canada to deny and revoke citizenship under certain conditions. Permanent residents who have served as members of armed forces of nations identified as enemies to Canada will be denied citizenship—and as of May 28 of this year, dual citizens who have served in aforementioned armed can have their Canadian citizenship revoked, regardless of if they are safe or even welcome in their home countries. Similar regulations apply to anyone convicted of treason in their native country, which may make it more difficult for political refugees to become citizens.

If you require additional information on how these changes may affect your plans to apply, or are in need of assistance putting together your application or appealing a decision against your application, please contact an experienced citizenship lawyer in Canada. Immigration is a journey that can have many roadblocks, but with the right help, you can still make your new country your home.


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Boosting Canada’s Job Sector Through Immigration

Corporate Immigration Law Firm Suggests Using Express Entry to Fill Excessive Job Vacancies

Several key industry sectors in Canada—including energy and tradespeople—are facing severe shortages in available skilled labourers. According to corporate immigration law firms and politicians in Canada, immigration may be the solution; specifically, the CIC’s recently-launched Express Entry system for skilled workers.

Specifically in the trades, the average age of a skilled tradesperson in Canada has risen to 47, and the industries supported by these labourers may continue to experience shortages as more people in each trade begin to retire, and there are very few Canadians ready to take their places. Fewer Canadians than ever are receiving educations in these fields, and it may take as much as a decade for an individual to have the combined education and experience necessary for the jobs in question. So what can businesses do in the mean time? To keep these sectors thriving in Canada, immigration may become essential.

The Express Entry system fast-tracks permanent resident applications through the Federal Skilled Worker Program, the Federal Skilled Trades Program, and the Canadian Experience Class, helping potential newcomers attain residency and the right to work in Canada in as little as 6 months or less. A corporate immigration law firm may help applicants prepare all the necessary materials for application and selection, which is based on a points system.

It may be equally important to supplement this strategy with increased efforts to recruit Canadian citizens into vocational training programs. Many companies can replenish their dwindling employment figures by integrating Express Entry immigration into the framework of their HR strategy, thereby casting a global net to seek out skilled and talented workers to fill their ranks. The potential exists for a mutually beneficial system, whereby skilled workers in countries with little demand can fill spots in markets that have a high demand in Canada, but lack in local prospects.

Since Express Entry’s inception in January of this year, over 11,000 foreign workers have been invited to become permanent residents. In Canada, immigration has always been a major driver of economic growth, and by all appearances the program seeks to encourage this growth by making it easier for economic immigrants to gain residency. If the program can also be put to work filling the needs of job sectors that are seeing flagging employment figures, then it will be doubly successful in producing measurable benefits for the Canadian economy, as it was intended to do.

For assistance in applying for Express Entry as a skilled worker or tradesperson, you can contact a corporate immigration law firm. Immigration lawyers have the experience and expertise to navigate Canada’s immigration system, and will help make sure you put your best foot forward.


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How Immigration Lawyers in Canada Help Spouses

How an Immigration Lawyer in Canada Can Help in Supporting Your Spousal Relationship Claims

It happens all too often: an already lengthy immigration procedure is further delayed when doubts arise as to the legitimacy of a marriage or common-law union when applying for permanent residency in Canada.

Immigration lawyers in Canada are aware that these delays do more than cause a significant amount of stress to families who must bear the burden of proving their relationship is legitimate. It can also have a direct impact on the employability of an individual who is applying for permanent residency status, because many Federal Public Service jobs give priority to Canadian citizens or Permanent Residents.

When applicants receive notification that they must submit additional proof of relationship to the Government of Canada for their application to proceed, many will seek the assistance of an immigration lawyer in Canada. Such a lawyer can successfully save them time and energy when proving the legitimacy of their union.

The best immigration lawyers in Canada are amply aware that there are many “red-flags” that prompt immigration officials to delay a permanent resident application when an applicant is sponsored by their Canadian partner. For example, in a case where the Canadian spouse did not file an income tax report for a particular year, their application was further delayed for more than two years. Unfortunately, the applicants had not been advised of the reason for the delay. As a result, they decided to contact immigrations lawyers in Canada who offered invaluable expertise to the situation.

Though typical processing times when sponsoring a partner for permanent residency status vary, it is often difficult to obtain the required proof of relationship requested by immigration officers who must filter the real applications from the potentially fraudulent ones.

If you or your partner have been summoned to an appointment in order to discuss your application for permanent residency in Canada, you can rest assured that immigration lawyers in Canada are well-prepared to defend your rights during this stressful process. Additionally, a reputable immigration lawyer in Canada will be able to provide you with an array of resources which could expedite your case should you choose to enlist their professional services.

Spouses and common-law partners who are required to provide additional justification as to the legitimacy of their union can count on excellent immigration lawyers in Canada to help them provide the right documents and speed up the application process.


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Access to Health Care Still Ailing For Those Seeking Immigration to Canada

Refugees and Holders of Work Permits Need Best Immigration Lawyer to Fight For Their Human Rights

On June 25th, viewers of the Téléjournal news report on Radio-Canada were introduced to the plight of Ms. Rosa Callalli, a Gatineau resident who is eight-months pregnant with her second child, but has yet to consult a doctor for the duration of this pregnancy due to administrative hurdles with her provincial government.

Ms. Callalli landed in Ontario in 2008 and obtained a work-permit in the context of the Government of Canada’s Live-in Caregiver program, which at the time also entitled her to an Ontario Health Card which she was able to rely on when she gave birth to her first child, born in an Ottawa hospital.

In 2013 Ms. Callalli married a Quebec resident and thus moved to Gatineau where she applied for permanent immigration to Canada, and obtained an open work-permit in the meantime.

However, as a result of her status, the government of Quebec is refusing to allow Ms. Callalli access to health insurance for her and her unborn child.

Of course, the lack of access to healthcare for those also seeking immigration to Canada on humanitarian grounds is also an issue for which the best immigration lawyers are currently fighting to correct.

As recently reported in the Canadian Medical Association Journal, refugees whose status is fully recognized by Citizenship and Immigration Canada are still being turned away from health clinics in Montreal and Toronto, despite being entitled to free healthcare.

Furthermore, Canadian refugee advocacy groups are increasingly worried the Cabinet is moving to deny refugees the healthcare they have relied on in Canada since 1957, challenging the Federal Court system in the process.

Those seeking immigration to Canada should be aware that Canada voted in favour of the United Nations’ Universal Declaration of Human Rights which recognizes access to medical care as a right for all.

If you are currently fighting administrative barriers which are preventing you or someone seeking immigration to Canada from receiving access to healthcare, or you wish to immigrate to Canada on humanitarian or compassionate grounds, you should not hesitate to contact the best immigration lawyer whose office can provide you with the support you need at this time.

Navigating the complex Canadian immigration system successfully often requires the help of the best immigration lawyers who will give your case the individualized attention it deserves.

Don’t be refused medical treatment during your immigration process—get legal assistance today.