Immigration Law is comprised of a complex web of rules, regulations, and exceptions. Our lawyers in this area oversee matters related to Federal Court Appeals, Refugee Hearings, Immigration Appeal Board Hearings and Sponsorships.
Team Members: Wendy Bouwman, Chau Nguyen, Shauna Grenier

Frequently asked questions about Immigration Law:
Do I need a lawyer for an Immigration application?
Who can I sponsor in a Family Class Sponsorship application?
If someone cannot come to Canada under a Family Class Sponsorship, what are their other options to immigrate?
My Sponsorship application was denied - now what do I do?
How long will an application take?
What is a letter of invitation?

Do I need a lawyer for an Immigration application?

Citizenship and Immigration Canada have developed their application kits to be completed by applicants themselves, but there are many reasons why people choose to hire lawyers to process an application. A lawyer's expertise and experience in completing immigration applications helps to make the application process move smoothly. In addition, an immigration lawyer can ensure that an application is as complete as possible before submission; incomplete applications can lead to lengthy delays. Applications must also be completed in English or French, and many people who are not fluent in one of Canada's official languages feel more comfortable having assistance with their applications. Alternatively, there are immigration agents who can be hired to process applications. However, it is important to remember that while the Law Society protects clients from any misconduct by a lawyer, immigration agents work independently and are not policed by any governing body.

Who can I sponsor in a Family Class Sponsorship application?

The only relatives that you can sponsor in a family class application include:

• your spouse or fiancé,
• your dependent children,
• your parents or grandparents,
• a brother, sister, grandchild, niece or nephew who is under the age of 19, unmarried and an orphan,
• a child you intend to adopt, and,
• any one relative of any age if you do not have any relatives in Canada and there is no one that you could otherwise sponsor.

No other relatives meet the requirements for a family class sponsorship.

If someone cannot come to Canada under a Family Class sponsorship, what are their other options to immigrate?

Apart from Family Class sponsorships (and refugee claims), there are two other main categories for immigration:

• An Independent Immigrant Application - immigrants are assessed based on a points system that takes into account age, language skills, level of education, employment experience and employment prospects in Canada, and,
• A Business Class Application - this includes the Self-Employed category (those who have been self-employed and could continue to be self-employed in Canada), the Entrepreneur category (those who are able to invest in and run a business), and the Investor category. There may be additional options depending on your circumstance, which we can discuss when you contact us.

My Sponsorship application was denied - now what do I do?

If your overseas Family Class sponsorship application is denied, you have 30 days from the date you receive notice of the denial in the mail to file a Notice of Appeal, which is a form that will be enclosed with the denial letter. That document puts Citizenship and Immigration on notice that you wish to appeal the decision, and they will then arrange for a Record of the application to be prepared within 6 months. Once the Record has been served on you or your lawyer, a hearing date can be set for your appeal. The hearing itself is like a trial, although it is less formal. Depending on the circumstances of your case, you, the family member you wish to sponsor, and other witnesses may give evidence at the hearing under Oath. A panel member from the Immigration Appeal Division will hear the evidence and legal argument, and will then decide whether to allow the Appeal. If the Appeal is successful, the Citizenship and Immigration Canada file will be returned to the overseas Consulate to proceed with processing. Most people wish to have a lawyer to assist with an Appeal. if you had an unsuccessful inland spousal sponsorship application, your appeal options are more limited, and you should contact us immediately to discuss your situation as you often only have 15 days to act.

How long will an application take?

Mostly due to the high volume of applications received by Citizenship and Immigration Canada and by the Consulates overseas, the processing of applications tends not to be as fast as either applicants or Citizenship and Immigration Canada would like. You should expect a Family Class Sponsorship application to take between nine months and two years, depending on how complicated the application is and how busy the Consulate is. Independent and Business Class applications can be faster or slower depending on the consulate, and it still very much depends on the particular circumstances of the case. It can be very frustrating to wait for the processing of an application, but it can further slow the processing down if frequent inquiries are made about the status of an application. The best thing to do is to be patient during the waiting times set out for the processing of your application, and only to inquire about the status if the matter seems to be taking unusually long. If there seem to be inordinate delays in the processing of your application, a lawyer and/or your Member of Parliament may be able to make inquiries on your behalf about the status of the application.

What is a letter of invitation?

Citizens of some countries require a visitor's visa in order to come to Canada on a visit. It is often helpful, and sometimes mandatory, for the visitor to obtain a letter of invitation to provide along with their visa application. The letter of invitation should be in the form of a Statutory Declaration sworn by a Canadian Citizen or Permanent Resident, and provides information about the visitor, the person inviting him or her, and what financial arrangements are being made for the visitor's travel, expenses during the visit, and any medical emergencies. It is best to have the letter of invitation done with the assistance of a Notary Public, which includes all lawyers.