Our Immigration Services
Our experienced team is here to provide clear guidance, support and representation in the following Immigration areas and many more
Refugee Claim
Individuals who arrive in Canada or are already in the country and fear persecution in their home country can make a refugee claim. They can do so either at a port of entry (such as an airport or border crossing) or within Canada at an immigration office.
Upon making a refugee claim, individuals undergo an initial eligibility determination by the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC). If deemed eligible, they are referred to the IRB for a refugee hearing.
Once eligible, here are Linda Law we will provide legal advise, representation and support throughout the refugee claim process. From submission of Basis of Claim and Narrative, Supporting Documents and provide hearing prep and representation during hearing.
Refugee Appeal (RAD)
If rejected, the claimant may have options for appeal, such as applying for judicial review or appealing to the Refugee Appeal Division (RAD) of the IRB.
Linda Law will provide legal service submitting appeal to the RAD within certain time limits. If the RAD confirms the rejection, Linda Law will pursue further appeals that may be available through the Federal Court of Canada.
Throughout the process, claimants may be eligible for legal aid and other forms of support.
Humanitarian & Compassionate (H&C) Application
A humanitarian and compassionate (H&C) application is a process within Canadian immigration law allows individuals who would not normally be eligible to apply for permanent residence in Canada to do so based on humanitarian and compassionate grounds. These applications are typically considered for people who are facing exceptional circumstances, such as those related to medical conditions, family ties in Canada, or other compelling factors.
Linda Law provides legal service and representation throughout the process which involves submitting an application to Immigration, Refugees and Citizenship Canada (IRCC), along with supporting documentation outlining the reasons why the applicant believes they should be granted permanent residence on humanitarian and compassionate grounds.
Judicial Review
In Canada, judicial review of immigration decisions is a legal process through which a court reviews the lawfulness of decisions made by immigration authorities, such as Immigration, Refugees and Citizenship Canada (IRCC) or the Immigration and Refugee Board of Canada (IRB). This process allows individuals who believe that an immigration decision affecting them was made in error or was unfair to seek redress through the courts.
Individuals seeking judicial review of an immigration decision typically file an application with the Federal Court of Canada within a specified timeframe, outlining the grounds for their challenge. The court will then review the decision to determine whether it was made lawfully and fairly.
It's important to note that judicial review is a complex legal process, and individuals seeking to challenge an immigration decision through this avenue often seek the assistance of legal counsel with expertise in immigration law.
Sponsorship Applications
The sponsorship application process allows Canadian citizens and permanent residents to sponsor family members to come to Canada as permanent residents. This process is part of the Family Class immigration category and includes several types of sponsorship, such as spousal, common-law, conjugal partner, and dependent child sponsorship, as well as parent and grandparent sponsorship.
Linda Law will provide legal advice and respresentation throughout the process which involves
1. Determine Eligibility
2. Gather Required Documents
3. Complete the Application Forms, Pay Application fees and Submit.
Pre-Removal Risk Assessment (PRRA)
A Pre-Removal Risk Assessment (PRRA) is a process in Canadian immigration law that allows individuals facing removal from Canada to request an assessment of the risks they would face if returned to their home country. The PRRA is designed to determine whether the individual would be at risk of persecution, cruel and unusual treatment or punishment, or risk to life or safety if they were to be removed from Canada.
Here at Linda Law we provide legal advice and resprestantion throughout the PRRA Application which includes submitting an application to Immigration, Refugees and Citizenship Canada (IRCC) within a specified timeframe after receiving a removal order. The application includes detailed information about the individual's circumstances and the reasons why they believe they would be at risk if removed from Canada.
In addition, we will provide representation during an interview IRCC may conduct
PR Pathways
PR pathways refers to various pathways or programs through which individuals can obtain permanent resident (PR) status in Canada. Here are some common PR pathways in Canada:
1. Express Entry: is a points-based system used to manage applications for permanent residence under three federal economic immigration programs: the Federal Skilled Worker Program (FSWP), the Federal Skilled Trades Program (FSTP), and the Canadian Experience Class (CEC).
2. Provincial Nominee Programs (PNPs): Each Canadian province and territory, except for Quebec, has its own PNP that allows them to nominate individuals who wish to immigrate to Canada and settle in a specific province or territory. PNPs are often aligned with Express Entry, and candidates may receive additional points for having a provincial nomination, which can significantly increase their chances of receiving an Invitation to Apply (ITA) for permanent residence.
3. Caregiver Program: The Caregiver Program allows individuals who have experience caring for children, elderly persons, or persons with medical needs to apply for permanent residence in Canada. Applicants must meet specific eligibility criteria and work requirements to qualify for permanent residence.
These are just a few examples of the PR pathways available in Canada. Each pathway has its own eligibility requirements, application process, and criteria for selection. It's important for prospective immigrants to have reputable law firm like Linda Law to carefully determine which pathway best suits their circumstances and goals.
Detention Review
A detention review is a process that allows individuals who are detained by immigration authorities to have their detention reviewed by an independent tribunal to determine if their continued detention is justified.
Here at Linda Law we provide legal advise and representation in the following processes
Initial Review: Upon detention, individuals have the right to an initial detention review within 48 hours. During this review, a member of the Immigration Division of the Immigration and Refugee Board of Canada (IRB) assesses whether the detention is necessary and justified.
Subsequent Reviews: If the initial detention review does not result in release, subsequent reviews are typically conducted at regular intervals (e.g., every 7 days for the first month, every 30 days thereafter). At each review, Linda Law represent the individual to present evidence and arguments in support of release.
The detention review process is intended to ensure that individuals are not held in detention arbitrarily and that their rights are respected during immigration proceedings. It provides a mechanism for independent oversight of detention decisions and allows for regular reviews to assess the ongoing necessity of detention.
Temporary Residence Applications
Temporary residence applications allow individuals to stay in Canada for a limited period of time for tourism, work, study, or visiting family.
1. Visitor Visa: Allows individuals to visit Canada for tourism, visiting family or friends, or attending business meetings or conferences.
2. Work Permit: There are different types of work permits, including open work permits, which allow individuals to work for any Canadian employer, and employer-specific work permits, which restrict work to a specific employer or job.
3. Study Permit: Allows individuals to study at designated learning institutions (DLIs) in Canada. To obtain a study permit, applicants must provide proof of acceptance to a DLI, demonstrate that they have enough funds to cover tuition fees and living expenses, and satisfy other requirements.
4. Temporary Resident Permit (TRP): A TRP is for individuals who are otherwise inadmissible to Canada due to criminality, medical reasons, or other factors, but who have compelling reasons to enter or remain in Canada temporarily.
5. Super Visa: The Super Visa is a multiple-entry visa that allows parents and grandparents of Canadian citizens or permanent residents to visit Canada for up to two years at a time without the need to renew their status
Here in Linda Law we will assist in different types of temporary residence applications
Stay Motion
A stay motion refers to a request made to a court or tribunal to temporarily halt or suspend an immigration decision or action while further legal proceedings, such as an appeal or judicial review, are pending.
Here is how a Linds Law stay motion might work in the context of Canadian immigration:
Filing the Motion: The individual or their legal representative submits a formal motion to a court, tribunal, or administrative body with jurisdiction over the matter, such as the Federal Court of Canada.
The motion typically includes legal arguments and evidence supporting why the stay should be granted. This may involve demonstrating legal or factual issues to be considered on appeal.
Overall, a stay motion can be an important legal recourse for individuals seeking to challenge adverse immigration decisions or actions in Canada, providing a temporary reprieve while their case is further considered or appealed.
Get Expert Advice and Support from Linda K Law for Your Immigration Needs
We help clients in Canada resolve their legal issues swiftly and effectively. Our experienced team is here to provide clear legal guidance.