Other

Humanitarian and Compassionate  Applications

This type of applications is used by those who do not qualify to apply under any other immigration category. Examples of people who could make a humanitarian and compassionate application include  people living in Canada without legal status, or failed refugee claimants who have been in Canada for a number of years, but who have, nevertheless, established themselves in Canada by virtue of the following:

  • Family ties to Canada (who are Canadian Permanent Residents or Canadian Citizens)
  • Employment in Canada albeit often without a valid Canadian work permit
  • Education in Canada albeit often without a valid Study Permit in Canada.
  • Upgrade of English Language.
  • Savings and property in Canada.
  • Social ties in Canada.

There are more examples of circumstances under which H&C application can be filed:

  • Victims of domestic violence
  • Cases engaging the best interests of non-citizen children (previously limited to citizens)
  • Persons facing serious human rights violations beyond the scope of refugee protection
  • Persons who elect to pursue H&C applications rather than refugee claims.

Accordingly, H&C applications  require officers to regard public policy considerations and humanitarian grounds, including family-related interests. It is a lengthy application, currently taking between 24 and 36  months for a decision , and does not in law prevent removal.  Nevertheless, many H&C applicants are allowed to remain in Canada until decision. If your H & C application is refused, you have only 15 days to appeal the refusal to the Federal Court of Canada. Appealing to the Federal Court involves showing the Judge that the immigration officer who refused your case made some errors in law and/or fact.  You will have a choice to use our lawyer referral service, or obtain attorney of your own choice. Call us to discuss your specific situation.

Protected Person and Convention Refugees Applications/LGBTQ2 Refugees

The UN Convention Relating to the Status of Refugees, also known as 1951 Refugee Convention is the basis for refugee law in Canada. Convention refugees are people who are outside their home country or the country where they normally live, and who are unwilling to return because of a well-founded fear of persecution based on race, religion, political opinion, nationality, or membership in a ‘particular social group.’ To be accepted as a refugee, an asylum seeker must demonstrate that they face persecution based on one of these grounds. Canada has a proud history of providing protection to and helping to resettle the world’s most vulnerable groups. That includes those in the lesbian, gay, bisexual, transgender, queer and two-spirit (LGBTQ2) community. Please read:  Rainbow Refugee Assistance Pilot Program extended Accordingly, refugee protection is granted to people in Canada who fear persecution or whose removal from Canada would subject them to a danger of torture, a risk to their life or a risk of cruel and unusual treatment or punishment. If you feel that you will be persecuted or otherwise at risk if you return to your home country, you may be able to seek protection in Canada as a refugee. Your refugee claim may not be eligible to be referred to the IRB if you:

  • have been recognized as a Convention refugee by another country that you can return to.
  • have already been granted protected person status in Canada.
  • arrived via the Canada-United States border.
  • are not admissible to Canada on security grounds, or because of criminal activity or human rights violations.
  • made a previous refugee claim that was not found eligible.
  • made a previous refugee claim that was rejected by the IRB.
  • abandoned or withdrew a previous refugee claim.

How to Apply for Refugee Protection Within Canada There are two ways to apply for refugee protection in Canada:

  • You can make a claim when you arrive in Canada, at the port of entry (for example, the airport or sea port).
  • You can also make a claim from within Canada at a Citizenship and Immigration Canada office.

Once a person is considered to be eligible to make a refugee claim, a hearing is held by the Immigration and Refugee Board (IRB) to determine if the person is in need of protection.  The Immigration and Refugee Board of Canada (IRB) is Canada’s largest independent administrative tribunal. It is responsible for making decisions on immigration and refugee matters in accordance with the law. The IRB decides, among other responsibilities, who needs refugee protection among the thousands of claimants who come to Canada annually. The Refugee Protection Division of the Immigration and Refugee Board will make a determination as to whether the applicant will receive refugee status. Once their claims have been referred to the Refugee Protection Division of the Immigration and Refugee Board, most refugee claimants can apply to Immigration, Refugees and Citizenship Canada (IRCC) for a work permit. They must show that they cannot support themselves without work. A claimant who has applied for social assistance or is on social assistance should include proof of that with their work permit application. Different rules apply to refugee claimants who are from a designated country of origin. These claimants cannot apply for work permits until either their refugee claim is accepted or 180 days have passed since their claim was referred to the Immigration and Refugee Board. If, however, you are in Canada and have had either a refugee claim or a permanent resident application refused, there may still be options for you. Pre-removal Risk Assessment. If you are facing removal from Canada, you may be eligible for a pre-removal risk assessment. You may be able to apply under this process. If so, an officer reviews the documents related to your case and any other evidence.   Apply to Refugee Appeal Division of IRB. If you received a negative decision on your refugee claim, you may be able to appeal to the Refugee Appeal Division (RAD) at the Immigration and Refugee Board of Canada. But some failed claimants are not eligible to apply http://www.irb.gc.ca/Eng/RefApp/pages/RadSar.aspx   Apply to the Federal Court of Canada for Judicial Review You can have a lawyer ask the Federal Court of Canada to review the decision made on your case.  http://cas-cdc-www02.cas-satj.gc.ca/portal/page/portal/fc_cf_en/FAQ#11 *You will have a choice to use our lawyer referral service, or obtain attorney of your own choice.   If you are a victim of domestic abuse What do immigrants and refugees need to know about domestic abuse? Domestic abuse happens to people from all races, religions, sexual orientations, income levels and education levels. However, if you are an immigrant or refugee, you may have situations that make you vulnerable to abuse. For example, you might:

  • Not know about Canadian laws and women’s rights
  • Not speak English or French well
  • Be isolated from others
  • Fear bringing shame to your family
  • Fear losing your children
  • Fear losing your immigration status
  • Not know about social service agencies that can help you

Domestic abuse is a crime in Canada. It is against the law.   If you are not a permanent resident. If you do not have permanent resident status – for example, if you are a refugee claimant, you may be able to apply for permanent resident status on humanitarian and compassionate grounds. Your Children

You will not lose rights to your children for reporting abuse or leaving an abusive marriage or relationship. If you are victim of abuse, please refer to Government of Canada website, section Help for spouses or partners who are victims of abuse

Permanent Resident Cards /Renewal

Whether you are a permanent resident who has never obtained a Permanent Resident card (PR Card) or your PR Card has or is about to expire, we can assist you in applying for a new card.

Citizenship Applications

Canadian citizenship is typically obtained by being born in Canada, born overseas when at least one parent is a Canadian citizen, or by adoption abroad by at least one Canadian citizen. Canadian citizenship can also be granted to a permanent resident who lives in Canada for three out of five years and meets specific requirements. To be eligible for Canadian citizenship, the applicant  must have been physically present in Canada for at least 1,095 days in the five years immediately before the date of the application. There are exceptions to this rule: The days spent outside of Canada are counted as In-Canada days if:

  • the PR is out of Canada accompanying a Canadian citizen spouse;
  • out of Canada while employed on a full-time basis by a Canadian business; or
  • employed by the federal or province governments posted outside of Canada.

Every year about 170,000 people become citizens of Canada. As mentioned above, the process can take five years or more, from the day an immigrant first steps onto Canadian soil. However, any number of factors could delay approval, such as if the person submits an incomplete application or misses a citizenship test, hearing or ceremony. Also, often  people  can get into trouble when they spend extended periods of time outside of Canada without fully understanding how to calculate the five-year period. Nevertheless, I can help you to make this process simple & easy. I can advise you how to apply and when to apply for your citizenship.

Visas/Permits Extensions

If your worker, visitor or student visa is about to expire (or already expired), contact us right away. We can help you to apply for extensions, if you wish to:

  • extend your stay
  • change the conditions of your stay
  • change your type of temporary status

correct problems with your status.

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STREAMLINE IMMIGRATION

4750 Yonge Street
Toronto ON,
M2N 0J6
Olena Belperio B.A., RCIC

Registered Canadian Immigration Consultant in good standing , RCIC #R516872

Proud member of Canadian Association of Professional Immigration Consultants (CAPIC)