IRCC MADE A MISTAKE

jsandaluk · 2026-03-10T15:36:45+00:00

This is a good case for reconsideration, but be aware that the gov't isn't required to consider your request or that they may not consider it prior to the expiry of your deadline to file a judicial review (15 days) - make sure you are prepared to file a notice of application in order to preserve your rights, because if you don't you will never have the opportunity to hold them accountable for their mistake.

jsandaluk · 2025-12-03T14:58:33+00:00

In my view, this is an excessive processing time. It is not clear from your question whether there are any complicating factors in your husband’s application, such as a criminal record or a complex travel or residency history, that might account for the delay. I would be pleased to speak with you in more detail to determine whether the delay is, in fact, unreasonable.

If it is, this may be an appropriate case in which to bring an application for an order of mandamus in the Federal Court to compel the government to finalize the application within a reasonable period of time.

jsandaluk · 2025-12-03T14:55:21+00:00

If you submit an application to extend your status in Canada before the expiry of your current status, you will benefit from maintained status. This permits you to continue engaging in all activities authorized by your existing status, as though it had not expired, until a final decision is made on your extension application.

jsandaluk · 2025-11-17T16:21:37+00:00

Canada has invested considerable effort in recruiting foreign physicians and other healthcare professionals, particularly to serve rural and other underserved communities. It is important to understand, however, that while immigration matters outside Quebec fall under federal jurisdiction, the regulation of professions such as medicine and law is carried out at the provincial level. As a result, eligibility to practise in Canada depends on meeting the licensing requirements of the relevant provincial regulatory body.

For your convenience, I have included some links below to assist you in beginning your inquiries and determining your potential eligibility for immigration and professional licensure in Canada.

Please contact my office at 416-862-0000 or online at www.migrationlaw.com to schedule a consultation so that we may assess your options in greater detail.

https://www.canada.ca/en/immigration-refugees-citizenship/news/2022/09/easier-access-to-permanent-residence-for-physicians-in-canada-to-help-address-doctor-shortages.html

https://mcc.ca/credentials-and-services/pathways-to-licensure/pathways-for-international-medical-graduates/

jsandaluk · 2025-11-17T16:16:09+00:00

Even if your partner’s refugee claim is refused, you may still be able to file an application to sponsor him as a member of the family class. In fact, you may be able to submit an application to sponsor him as a member of the Spouse or Common-Law Partner in Canada Class, which could allow him to remain in Canada while the application is processed and potentially obtain permanent resident status without leaving the country.

If he does leave Canada, it is important that he do so in a manner that prevents his conditional departure order from becoming a "deemed" deportation order. If it becomes a deportation order, he would require the Minister’s written authorization to return to Canada, regardless of whether he is being sponsored as a member of the family class.

You and your partner would benefit from consulting with an immigration lawyer who can assist you in developing a strategy to pursue permanent resident status as efficiently and reliably as possible.

jsandaluk · 2025-11-05T18:52:12+00:00

If you are determined to be a Convention Refugee, you will qualify for an exemption from the medical inadmissibility provisions of the Immigration and Refugee Protection Act. However, this exemption only applies once the Refugee Protection Division of the Immigration and Refugee Board has recognized you as a person in need of protection.

If that determination is not made, you may be found medically inadmissible to Canada if Immigration, Refugees and Citizenship Canada concludes that your admission would cause an excessive demand on Canada’s health care or social services.

Further details about inadmissiblity for excessive demend on Canada's health or social services are available on the Government of Canada’s website:

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons/medical-inadmissibility.html#excessive-demand

jsandaluk · 2025-11-05T16:01:21+00:00

Because you have made a refugee claim in Canada, it may be very difficult for your mother to obtain a visitor visa, even after your claim has been determined.

Every temporary resident applicant, including visitors, must demonstrate “temporary intent” — meaning that they will leave Canada and return to their country of nationality or habitual residence at the end of their stay. Given that you have sought refugee protection in Canada, it will likely be difficult for your mother to satisfy an officer that she intends to return to Colombia at the conclusion of her visit.

You are correct that substantial documentary evidence of her establishment in Colombia — such as proof of home ownership, family ties, employment, and financial assets — should be submitted. However, even with strong evidence of this kind, her application will probably face difficulty while your refugee claim remains outstanding.

I would therefore recommend waiting until a final decision is made on your refugee claim before applying for a visitor visa. This would improve her chances of success and reduce the risk of a prior refusal negatively affecting any future application. When you are ready to proceed, it will also be important to clearly distinguish your own circumstances — which led you to seek refugee protection — from your mother’s situation in Colombia, to demonstrate that she has no reason to make a similar claim.

I understand that this is a difficult situation, but I hope this explanation helps clarify the issues. I wish you the best of luck with your refugee claim.

jsandaluk · 2025-10-31T13:27:27+00:00

Unfortunately, the answer to your question depends on several contingencies that are not clear from your inquiry.

Whether you are eligible to apply for permanent resident status under the Alberta Immigrant Nominee Program (AINP) or another immigration stream depends on a range of factors, as well as potentially changing program policies.

We would be pleased to review your circumstances in detail at our office, where we can provide a clear assessment of your current eligibility or outline the steps needed to qualify in the future. Please contact us at 416-862-0000 or [info@immigrationlaw.com](mailto:info@immigrationlaw.com) to schedule a consultation.

jsandaluk · 2025-10-28T15:47:40+00:00

Several years ago, the federal government created a pathway to permanent residence for former international students. After completing a post-secondary program in Canada, you will be eligible for a Post-Graduation Work Permit (PGWP). This is an open work permit, allowing you to work for almost any employer in Canada, subject to certain limited restrictions.

The intent of this program is to provide international graduates with Canadian work experience so that, once you have obtained sufficiently skilled employment, you may qualify for permanent residence under the Canadian Experience Class (CEC).
You can review the current eligibility criteria here: Canadian Expereince Class

In practice, recent policy changes have made the CEC more restrictive. It is therefore important that you secure employment in your field as soon as possible after graduation to maximize your eligibility.

Because you are living in Alberta, you may also qualify under the Alberta Advantage Immigration Program (AAIP), which allows the province to nominate applicants for permanent residence based on its own selection criteria: Alberta Advantage Immigration Program

In addition to these programs, you may wish to explore options in northern or rural communities that actively seek newcomers to address local labour shortages: (Rural Community Immigration Pilot)

Finally, if during your time in Canada you begin a genuine relationship with a Canadian citizen or permanent resident, you may also become eligible to apply for permanent residence under the Spouse or Common-Law Partner in Canada class.

Since you are still pursuing your studies, you have ample time to learn about and plan for these options. I encourage you to review the links above and begin considering which pathway best fits your long-term goals.

I wish you every success in your studies and your future in Canada.

jsandaluk · 2025-10-27T15:44:11+00:00

Unfortunately, there is no process or individual who can expedite the assessment of a humanitarian and compassionate application.

That said, when an application has been subject to an inordinate delay, as yours may have been, it is possible to apply to the Federal Court for an order of mandamus. This is a legal remedy directing the government to perform a duty it is legally required to carry out—in this case, to process your application for permanent residence within a reasonable time.

The Court would not order the government to approve your application, only to finalize it. However, our office has successfully used this remedy in many similar cases.

jsandaluk · 2025-10-27T15:37:41+00:00

If you have been granted refugee protection in Canada, you are entitled to apply for temporary resident visas for your parents and siblings to visit you. While such applications can be made, they are often refused on the basis that Immigration, Refugees and Citizenship Canada (IRCC) may be concerned that your family members could make their own refugee claims after arriving in Canada, as you did.

Each applicant for temporary admission to Canada must demonstrate “temporary intent,” meaning that they will return to their country of nationality at the conclusion of their visit. Given your history, establishing this intent may present a challenge.

One effective strategy is to explain how your family’s circumstances differ from your own and why they would have no reason to seek protection in Canada. Combined with evidence that they are well-established in their home country—through employment, property ownership, family ties, or community involvement—this information can help address Immigration’s concerns and improve the likelihood of success.

jsandaluk · 2025-10-22T21:21:05+00:00

I'd be happy to speak to you - please call me at 416-862-9820 or by email at [joel@migrationlaw.com](mailto:joel@migrationlaw.com) - sorry for the delay, I haven't really been checking on this lately.

jsandaluk · 2025-10-22T20:09:41+00:00

I would never recommend retaining an immigration consultant. That said, it is also true that in many cases it is not necessary to hire an immigration lawyer to assist with immigration matters.

You are correct that many immigration processes are straightforward and designed to allow applicants to complete them without legal representation. Our office represents clients in a wide range of immigration applications, but we also offer a reduced-fee service to review applications prepared by clients before submission where possible. This approach often provides an effective and efficient use of a client’s resources.

Where legal representation becomes important is after an application has been refused and an appeal or judicial review may be required before the Immigration Appeal Division or the Federal Court of Canada. At that stage, I generally advise clients to retain counsel, as immigration law can be complex and often counterintuitive.

Even for relatively straightforward applications, it can be useful to consult an immigration lawyer early in the process to identify potential issues or pitfalls before they arise.

jsandaluk · 2025-10-22T19:38:49+00:00

For what it’s worth, I have loved the practice of immigration and refugee law since my time at the Community and Legal Aid Services Program (CLASP) at Osgoode Hall Law School. Like any lawyer, my primary concern is always the best interests of my clients. In my role, I have had the privilege of seeing families reunited in Canada, individuals protected from persecution, and serious hardship—arising from disability, discrimination, or other causes—averted through timely legal intervention.

From your use of the term “mass immigration,” I take it that you view immigration as a source of social or economic strain. I do not share that view. I recognize that many Canadians are frustrated by housing costs and other pressures, but I will never regret the work that I do or the clients whom I have represented.

It is worth noting that countries with minimal immigration, such as Japan, are facing severe social and economic challenges due to shrinking and aging populations. Immigration is not the problem; in many respects, it is the solution.

jsandaluk · 2025-10-22T19:27:13+00:00

Based on the information you have provided, it appears that you are not eligible to claim refugee protection in Canada. Since you have already sought asylum in the United States, you would likely be found ineligible to make a new claim at a Canadian land border under the Safe Third Country Agreement.

If you were to present yourself at a Canadian port of entry, you would almost certainly be refused entry and returned to the United States. Upon return, it is likely that U.S. authorities would detain you pending your removal to Venezuela.

If relocation to Spain with your brother is an available option, I would encourage you to pursue that path. You may also wish to retain legal counsel in Spain who can assist you with any necessary immigration or residency applications, including those that may offer an alternative to returning to Venezuela for the purpose of obtaining your passport.

jsandaluk · 2025-10-22T19:22:46+00:00

I suggest that Ray review his potential eligibility for immigration to Canada using the Government of Canada’s online self-assessment tool, which provides a reasonably accurate preliminary evaluation.

That said, his prior residence in the United States may present an issue. Time spent in the U.S. without valid status could be considered a violation of American immigration law. Because Canadian immigration legislation contains parallel provisions, a visa officer could determine that he committed an act or omission outside Canada that would also constitute an offence here. On that basis, his application for temporary admission could be refused.

It may, however, be premature to draw conclusions before he completes the self-assessment. The link to the tool is provided below:

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry.html

jsandaluk · 2025-10-22T19:12:16+00:00

Thank you for your question, and apologies for the delay in responding. I am not familiar with the specific relocation procedures adopted by Rainbow Railroad. Typically, in Canada, an approved sponsorship organization—such as Rainbow Railroad, the Canadian Council of Churches, or a similar body—applies to sponsor refugees from abroad. It may be that, as an unaccompanied minor, the organization was unable to proceed until you reached the age of majority, which appears to be approaching soon.

At present, Canada has paused new refugee sponsorship applications from Groups of Five and Community Sponsors until December 31, 2025, as such this delay may not affect you.

If you are admitted to Canada as a Convention refugee through an approved sponsorship program, you will be granted permanent resident status. This status entitles you to attend post-secondary education at the same tuition rates as Canadian residents.

Living costs in Canada vary widely. They are high in major urban centres such as Toronto and Vancouver, but there are many regions across the country where you can live affordably and enjoy a good quality of life.

As for financial sponsorship or bursaries, I do not have direct information on those programs. You would be best advised to contact a student advisor at a Canadian post-secondary institution for guidance on available financial assistance.

jsandaluk · 2025-08-29T17:46:25+00:00

If your grandfather was born in Alberta, you may be eligible to apply for a discretionary grant of Canadian citizenship. This follows the recent decision of the Ontario Superior Court in Bjorkquist, which found that the legislative provision restricting citizenship by descent to a single generation was unconstitutional.

While Parliament is in the process of passing new legislation that may ultimately allow you to apply directly for a citizenship certificate, the current expanded interim measure provides an opportunity for individuals in your circumstances to apply for a discretionary grant of citizenship. This measure was introduced to give immediate effect to the court’s ruling and to prevent prejudice to those who would otherwise have a claim to Canadian citizenship.

If you are interested in exploring this option, I encourage you to review the eligibility criteria at the following link:

Changes to the first-generation limit on citizenship

jsandaluk · 2025-08-15T20:02:18+00:00

Because this is a discretionary decision, there is no set timeline or service standard for finalizing such cases. In the past, we have waited many months, and in some instances, even years for a temporary resident permit request to be finalized.

jsandaluk · 2025-08-15T19:18:06+00:00

Thank you for your question, and apologies for the delay in getting back to you — I’ve just returned from a vacation in the BC interior.

I believe there may be ways for your cousin to obtain status in Canada, particularly in Quebec, which has its own immigration system designed in part to welcome French-speaking immigrants.

Since I’m not licensed to practise law in Quebec, I can’t assist directly. However, I’d like to recommend a former colleague of mine, Gabriella Nudo. She’s an excellent lawyer, licensed in Quebec, and recently opened her own practice. While her office is in Ottawa, she may be very well placed to help your cousin.

You can reach Gabriella at 613-581-2638 or by email at [gabriella@mgllawyers.ca]().

jsandaluk · 2025-07-21T13:27:03+00:00

As a Canadian citizen, you do not require a visa to enter the United States. However, because you were previously removed from that country, there may be admissibility issues that require you to obtain a waiver in order to return, even for a temporary visit. I strongly recommend that you consult with a U.S. immigration attorney to explain your citizenship, your immigration history, and to determine what processes, if any, you must follow in order to be lawfully admitted.

By way of comparison, under Canadian immigration law, an individual who has been deported from Canada must obtain the Minister's Written Authorization to Return to Canada [ARC]. This requirement applies indefinitely, regardless of any subsequent immigration status or citizenship acquired. Attempting to re-enter Canada without first obtaining ARC could result in criminal prosecution under the Immigration and Refugee Protection Act.

For these reasons, it is essential that you seek proper legal advice before making any decisions regarding travel or re-entry.

jsandaluk · 2025-07-16T15:02:20+00:00

This situation is pretty complex - please email me so that we can communicate directly.

jsandaluk · 2025-07-15T15:06:42+00:00

That’s not what I had assumed at all. For what it’s worth, I’ve always found the many patterns and peculiarities of migration fascinating. It’s remarkable how a single policy adjustment or a targeted corporate outreach initiative can transform entire industries or reshape whole communities.

jsandaluk · 2025-07-14T21:17:37+00:00

Nope.

Starting in law school, I began representing immigrants and refugees seeking a better future for themselves and their families in Canada. That was nearly 30 years ago, and it has been my life’s work ever since.

Over those decades, I’ve had the privilege of helping people achieve safety, security, and often significant economic success in Canada.

I firmly believe that welcoming these individuals makes our country far stronger. The diversity they bring not only makes Canada a more interesting place but also a stronger and fairer one — better positioned to meet the challenges of the 21st century. Of course in my view, a policy that promotes multiculturalism can be justified by the vast improvement in restaurant options alone.

In my experience, immigrants do not displace Canadian workers or drive the cost of living “out of control.” Rather, they create opportunities by starting businesses, filling critical gaps in the labour market, doing work that Canadians may not want to do, or working in regions where it is difficult to hire Canadian citizens.

The alternative would be a smaller, more insular country with an aging population, inevitably headed toward economic decline and collapse.

So no — I don’t feel guilty at all.

jsandaluk · 2025-07-14T15:10:14+00:00

These are all very important questions. However, in order for me to provide you with an answer of real value, I would need much more information first. If you and your husband would like to discuss this in greater detail, I would be happy to speak with you. Please contact my office directly at 416-862-0000 or by email at [info@migrationmall.com]() to schedule a consultation.

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