Whether your application for permanent or temporary status has been refused, you've been ordered to leave Canada, and/or, you have been arrested and detained by the Canada Border Services Agency (CBSA); it is important to know that you - in almost all cases - have the right of due process, the right to be represented, and, the right of appeal.
If you are facing any of the situations noted on this page, please contact us immediately to discuss the options available to you.
ARREST & DETENTION: A person who has been arrested and detained by CBSA, will appear before a member of the Immigration Division of the Immigration & Refugee Board (IRB) within 48 hours of being arrested. At this hearing the government appointed hearings officer must present their argument why that person concerned should stay in detention. It is critical that adequate representation be available to a detained person at this hearing, so they can present relevant facts and arguments in their favour of being released. Failure to do so could result in the detainee facing a MINIMUM of 7 DAYS in detention.
SPONSORSHIP REFUSED: If you are sponsoring a family member (i.e., wife, husband, partner, parent, grandparent or dependent child) to come to Canada as a permanent resident (PR), and have had your application for sponsorship, or, your relatives application for PR refused, you may have appeal rights. It is critical that you act very quickly as the opportunity to file an appeal can expire in as little as 30 days after the date of a refusal.
PERMANENT RESIDENCY REQUIREMENT NOT MET: Once a PR has landed in Canada and taken up his/her PR status, they must be physically resident (with some exceptions) in Canada for 730 days in the 5 year period immediately following landing. If you know you will not be able to meet this requirement, have not met it and/or have been contacted by Citizenship & Immigration Canada (CIC) regarding your residency requirement, please contact us as soon as possible
CRIMINAL & MEDICAL INADMISSIBILITY: Both permanent and temporary residents of Canada must meet the conditions of their stay, or be considered Inadmissible to Canada. If you are in Canada and are deemed inadmissible this could result in you being ordered to leave Canada. If you are outside Canada and are deemed inadmissible, this could result in the refusal of an application for PR or temporary residence, and, could potentially bar you from ever entering Canada. If you or a close family member have ever been convicted of any offence, anywhere in the world now or at anytime in the past, or, are suffering from or have suffered from a severe illness - either physical or mental - and are facing a loss of status in Canada or a barrier to entry, please contact us as soon as possible.
All inquires are held in strict confidence and will not be shared with anyone without the expressed written permission of the person concerned.
