Immigration Law

KD Law provides legal services in the areas of Immigration, Refugee, and Citizenship law.

 

We can assist with all visa applications and appeals. We are a full service immigration law firm.

 

We assess your immigration matters based on your own individual circumstances and can guide, assist and deal with Citizenship and Immigration Canada on your behalf to get you the necessary results you want without all of the confusion and rejection that often comes with trying to deal with Citizenship and Immigration Canada on your own.

 

We work with our clients in the following areas:

 

OUR SERVICES

• Permanent Resident Status (Family Sponsorships, Express Entry Applications, Business Immigration/Provincial Nominees)
• Temporary Residence (Work, Visitor, Student Permits, Temporary Residence Permits)
• Refugees and Humanitarian and Compassionate Class
• Citizenship Applications and Appeals
• Appeals of all negative visa decisions (IRB – all levels, and Federal Court of Canada)
• Criminality Issues/Rehabilitation/ Deportations.

Under the current immigration law, not everyone has the right to appeal an immigration decision.  In addition, not every decision made by Canadian immigration authorities can be appealed.  Generally, only permanent residents of Canada have the right to appeal an immigration decision and only in certain situations, such as the refusal of sponsorship applications, issuance of removal orders against them, or if they have been found not to have met their residency obligations.

 

An Appellant has 30 days to appeal in most cases and 60 days for residency appeals if the decision is made oversees to refuse a travel document.

 

The Immigration Appeal Division (IAD) hears four types of appeal:

• Sponsorship appeal
• Appeal from a removal order issued by an officer of the Canada Border Services Agency or the IRB Immigration Division
• Residency obligation appeal
• Minister’s appeal of an ID decision

Sponsorship Appeal:

 

Who can appeal?

Canadian Citizens and Permanent residents whose application to sponsor close family members to Canada have been refused by Immigration, Refugees and Citizenship Canada (IRCC).

 

Who cannot appeal?

Sponsorship appeals are not possible for persons who have been found inadmissible to Canada based on serious criminality punished by a sentence of six months or more of imprisonment or who have been convicted of an offence outside Canada or who have committed an act outside Canada, that would be punishable in Canada by maximum term of imprisonment of at least ten years, organized, security grounds, violation of human or international rights, or misrepresentation ( unless the sponsored family member is sponsor’s spouse, common law partner or child)

 

If the appeal is allowed:

IAD is no longer involved in the file. The continuation of the processing of the file is done by Immigration, Refugee and Citizenship Canada (IRCC), not the IAD.

 

If the appeal is dismissed:

The sponsor may contest the IAD’s decision by asking the Federal Court of Canada permission to apply for Judicial Review of the IAD decision.

 

Removal order appeal

 

Who can appeal?

Permanent residents, Convention refugees, protected persons, and foreign nationals with a permanent resident visa who have been ordered removed from Canada.

 

Who cannot appeal?

None of those persons can appeal their removal order if they have been found inadmissible to Canada because of serious criminality punished by a sentence of six months or more of imprisonment or who have been convicted of an offence outside Canada or who have committed an act outside Canada, that would be punishable in Canada by a maximum term of imprisonment of at least ten years, organized criminality, security grounds, or violation of human or international rights. The following persons also cannot appeal a removal order:

 

• Claimants whose refugee protection claim has been rejected, and
• Foreign nationals without a permanent resident visa.

 

If the appeal is allowed:

The person will be permitted to remain in Canada.

 

If the IAD stays the appeal:

The person concerned can stay in Canada under certain conditions imposed by IAD.

 

If the appeal is dismissed:

The Canada Border Services Agency may remove the person from Canada.

The person may contest the IAD’s decision by asking the Federal Court of Canada permission to apply for judicial review of the IAD decision.

 

Residency obligation appeal:

 

Who can appeal?

Permanent residents determined by an immigration officer abroad not to have fulfilled their residency obligations.

 

If the appeal is allowed:

The person will not lose permanent resident status.

 

If the appeal is dismissed:

The person will lose permanent resident status. If the person is in Canada, the IAD will issue a removal order. The person may contest the IAD’s decision by asking the Federal Court of Canada permission to apply for judicial review of the IAD decision.

 

We are committed to giving our clients the best possible service in processing any immigration application or resolving any immigration problem, no matter how big or small.

 

When you are ready to seek more specific advice about your case, a telephone call can be the most cost effective method of easing your mind with answers.