Frequently Asked Questions

The answer to this question is that it depends entirely upon the type of stream under which you want to apply.   If you are applying for a study visa, your application can be processed in as little as 7 weeks.  But if you are applying to work as a caregiver, your application could take up to 3 years.  For economic immigration your application could be processed from as little as 5 months, to as long as 2 years.  So as you can see, the processing times can vary greatly.  

For a more specific answer to this question, please contact our office and we'll be happy to look at your particular situation.  

If you previously applied for immigration but your application wasn't successful, we might be able to file an appeal or seek a review from the Federal Court.  However, you should be aware that there are strict time limits in order to do so, and you must act quickly if you wish to follow this route.  If the decision was based on an application made in Canada, you have 15 days from the date you receive your refusal letter.  If it is based on an application made outside of Canada, you have 60 days.  

The Temporary Foreign Worker (TFW) is a program that allows employers in Canada to temporarily hire foreign workers when they aren't able to find qualified Canadians for the job. However, before your company can hire a foreign worker you will need to obtain permission in the form of a Labour Market Impact Assessment (LMIA). 

When you file an application for a LMIA, Employment and Social Development Canada (ESDC) will review it in order to determine if your hiring of a foreign worker will have a negative effect on the Canadian labour market.  ESDC will look at a number of factors, including the available labour market information in your region for the particular occupation. 

If you are looking to hire foreign workers for your company, get in touch with us, and we would be happy to discuss how we can help you meet your needs.

 Appealing an Exclusion Order issued for working without authorization while in Canada on a visitor visa is possible in specific cases, but eligibility and processes depend on the individual's status and the circumstances surrounding the issuance of the Exclusion Order. Below is a detailed guide:

1. Determine Eligibility to Appeal

Not Everyone Can Appeal an Exclusion Order:

Permanent Residents: They can generally appeal Exclusion Orders to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB).

Foreign Nationals: Visitors, workers, and students usually cannot appeal to the IAD. However, they may seek judicial review by the Federal Court of Canada if there are legal or procedural errors in how the Exclusion Order was issued.

2. Options for Appealing or Challenging the Exclusion Order

Judicial Review at the Federal Court

For someone on a visitor visa (a foreign national), the most likely option is to file an application for judicial review in the Federal Court. This is not an appeal in the traditional sense but a review of whether the decision-making process was fair and lawful.

Steps:

File an Application: The individual must file a request for leave (permission) for judicial review within 15 days of receiving the Exclusion Order (if the decision was made inside Canada).

Legal Basis for Review: The judicial review will focus on errors in law, fact, or procedure during the decision-making process. Examples include:

The officer failed to consider critical evidence.

The decision was unreasonable or lacked justification.

Procedural fairness was not observed.

Federal Court Decision: If the court finds the order invalid, it may send the case back to be reconsidered by immigration authorities or the IRB.

Humanitarian and Compassionate (H&C) Application

The individual may submit an H&C application to Immigration, Refugees and Citizenship Canada (IRCC) requesting special consideration to remain in Canada or return sooner than the exclusion period.

This application must provide compelling reasons such as:

Hardship or risk if removed from Canada.

Strong ties to Canada (e.g., family, community support).

Unique circumstances justifying an exemption from immigration rules.

Authorization to Return to Canada (ARC)

If the Exclusion Order is upheld and the individual leaves Canada, they may apply for an Authorization to Return to Canada (ARC) to re-enter before the ban period ends. Approval depends on demonstrating strong reasons for returning and addressing the reasons for inadmissibility.

3. Prepare Supporting Evidence

For either a judicial review or an H&C application, strong supporting evidence is critical:

Proof of ties to Canada (family, employment offers, community involvement).

Evidence of misunderstanding or unintentional violation (if applicable).

Evidence of remorse or corrective measures (e.g., not working again without authorization).

4. Get Legal Representation

Working without authorization is a serious violation of immigration rules, and navigating appeals or applications can be complex.

A qualified immigration lawyer can assess the case, identify possible grounds for challenging the Exclusion Order, and prepare a compelling submission.

Important Timelines

Judicial Review: File within 15 days (for decisions made in Canada).

Departure Deadline: Ensure compliance with the Exclusion Order to avoid escalation to a Deportation Order.

H&C Applications or ARC: These can often be submitted after departure if seeking re-entry.

Not everyone who applies for permanent residence (PR) in Canada is required to take a language test, but most applicants must meet language requirements depending on the immigration program they are applying under. Here's a breakdown:

1. Express Entry Programs:
   
   • Federal Skilled Worker Program (FSWP)
   • Federal Skilled Trades Program (FSTP)
   • Canadian Experience Class (CEC)
   • For these programs, applicants must provide valid language test results to demonstrate proficiency in English or French.

1. Provincial Nominee Program (PNP):
   
   • Many PNP streams require language test results, especially for skilled worker and international graduate categories.

1. Atlantic Immigration Program (AIP):
   
   • Language tests are mandatory.

1. Rural and Northern Immigration Pilot (RNIP):
   
   • Language test results are required.

1. Agri-Food Pilot:
   
   • Applicants need to prove language proficiency.

1. Family Sponsorship:
   
   • Spouses, common-law partners, children, parents, or grandparents sponsored under the Family Class usually do not need to take a language test.

1. Refugee or Humanitarian Applications:
   
   • Language tests are typically not required for these streams.

1. Caregiver Programs:
   
   • Language tests may not be mandatory if the applicant is already working in Canada and can provide other evidence of language proficiency, but they are often required when applying directly from outside Canada.

Applicants need to take an approved language test:

• For English: IELTS (General Training) or CELPIP (General)
• For French: TEF Canada or TCF Canada

It’s essential to confirm the specific language requirements for the program you are applying for, as they vary.