Immigration Law

Our immigration practice provides reliable and timely solutions to your immigration needs.

We provide assistance with temporary and permanent migration to both Canada and Australia, including the following:

Canada

  • Family Migration

  • Federal Skilled Workers (points-tested migration)

  • Temporary Foreign Workers

  • Canada Experience Class

  • Provincial Nomination

  • Refugee and Humanitarian

  • Cancellations

  • Merits Review

  • Judicial Review

Australia

  • Family Migration

  • General Skilled Migration (points-tested migration)

  • Temporary Work Visas (subclass 457)

  • Employer and Regional Migration Nomination Schemes (employer sponsorship)

  • Refugee and Humanitarian

  • Cancellations

  • Merits Review
  • Immigration To Canada
  • Immigration To Australia

Immigration To Canada

Permanent Residence

Family

Spouses and Common Law Partners

Applicants for spouse and common law partner visa or permits must be sponsored by their Canadian citizen or permanent resident partner, and be able to show the existence of a genuine and continuing relationship.

Parents

Applicants for parent visas or permits must also be sponsored by their Canadian citizen or permanent resident child. There are also continuing obligations on the sponsor after permanent residence is granted.

Children

Applicants for child visas or permits must also be sponsored by their Canadian citizen or permanent resident parent(s). Again, there are continuing obligations on the sponsor.

Other Relatives

Certain other relatives may also be eligible for permanent residence in Canada on the basis of sponsorship by a Canadian citizen or permanent resident, if certain conditions are met.

Live-in Caregivers

Canadian citizens or permanent residents with certain care needs may sponsor a live-in caregiver for permanent residence. The sponsor must demonstrate their level of disability and why the care in question cannot reasonably be obtained elsewhere.

Economic

Federal Skilled Workers (points test)

Skilled workers in a number of selected occupations, or with a job offer in Canada, may be apply for a points-tested visa known as the Federal Skilled Worker visa.

Business

Business visa applicants must provide evidence of business experience, available capital, a Canadian business plan, and in some cases a licence or registration from the relevant Province or Territory.

Humanitarian Class

Refugees

You may apply for permanent residence if you meet the definition of “refugee” as set out in the Convention on the Status of Refugees. This is a complicated process, involving matters of interpretation of law, and also collecting documentary evidence to support your case.

Complementary Protection

Canada also offers permanent or temporary protection to people whose situation does not bring them within the Refugees Convention, but who nevertheless face serious problems, such as discrimination or severely straitened circumstances, in their home country.

Canada Experience

Certain temporary residents in Canada who have extensive work experience and have gained educational qualifications in Canada may be eligible for permanent residence under the Canada Experience Class.

Provincial Nomination

Each Province and Territory manages its own nomination program. In short, a person nominated for permanent residence by a Province or Territory is eligible for the grant of permanent residence. Each Province’s requirements for nomination are different.

Temporary Residence

Students

Thousands of overseas students come to Canada every year to study at Canadian educational institutions. Applicants need to have an offer of admission from an accredited Canadian educational institution, and meet a number of other criteria.

Temporary Foreign Workers

In some cases, a Canadian employer can sponsor a non-citizen to work temporarily for them in Canada. Employers must meet new, more stringent, requirements for labour market testing and identification of market salaries.

Working Holidays

Canada has reciprocal arrangements with a number of other countries, allowing young adults to come to Canada for a holiday, and work to support themselves while they are here.

Review

Canada provides for merits review, by the Immigration Appeal Board and Refugees Appeal Board, of refusal decisions by CIC. This is a full de novo review, which can consider new evidence and come to its own decision on the facts presented. Judicial review of adverse Board decisions is also a possibility. Judicial review usually focuses on whether the Board’s decision was “reasonable” on the basis of the facts before it at that time, and a court cannot usually consider new evidence.

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