Best Immigration Lawyers

Clarke Immigration Law, and Alastair Clarke in particular, has been recognized as one of the Top 3 Immigration Lawyers in Winnipeg by ThreeBestRated.ca. Of course, I need to thank all the staff at CIL. We work as a close team to get the work done.

Please note: we had no influence or input into this ranking. In fact, we were actually quite surprised to receive the news this morning. If you are reading this, you likely know that we specialize only in Canadian immigration & refugee law. For those who need immigration lawyers for any other jurisdiction, for example the USA, we would make a referral to one of our colleagues in the United States and they can help you if you are are interested in moving south to Trumpland. We help people and businesses open doors to Canada, arguably the best country in the world.

immigration lawyers

Here is a copy of the message we received from ThreeBestRated.ca:

Congratulations!  You are now listed as one of the Top 3 Immigration lawyers in Winnipeg, MB. We would like to Thank You for providing consistent high-quality service in your area of business. Our review team either approved or updated your business listing using our rigorous 50-Point Inspection which includes everything from checking reputation, history, complaints, ratings, nearness, satisfaction, trust, cost and general excellence.

I would also congratulate my colleagues Carolina and Louay for being recognized as the other Top Immigration Lawyers in Winnipeg. We are a small community and we know each other quite well. We know who does good work and who provides good service for their clients. Unfortunately, there are many bad immigration consultants, shady immigration agents and, to be frank, bad immigration lawyers out there. The Applicant is the victim.

I also want to thank everyone who has written a review for us on Google Reviews. Currently, we have a rating of 4.9 STARS out of 5 possible STARS, based on 54 individual reviews. I have to mention that we read each and every review. If a client has provided valid criticism, we deal with it immediately. At the same time, we are bound by solicitor-client privilege and we cannot disclose any personal information about our clients, even if they are not 100% satisfied.

Immigration lawyers have a huge amount of responsibility. We say we are in the business of saving lives. When our applications are granted, it means that families are reunited, students are able to pursue their academic dreams and Canadian businesses have the international talent to serve their customers.

Success: Citizenship for Minors

Depending on the circumstance, Canadians whose children were born abroad may apply directly for their citizenship so that they can easily come home. Since the pandemic hit the global collective consciousness, we have helped many families, including minors, with their move back home. Notwithstanding universal health care and the CERB, Canada has become a global model for governance and leadership. After less than 2 months of processing time, we recently received two (2) Citizenship Certificates for the children of a Canadian living in the USA. Due to COVID-19 and other factors, she does not feel safe in the USA and she will be moving home asap.

Minors

This photo is used with permission and it does not depict our clients.

Typically, Citizenship grants for minors take much longer than 2 months. In this case, our client demonstrated exceptional circumstances and the IRCC Officer agreed to urgent processing.

Our goal is to help our clients fulfill their immigration dreams. As far as I’m concerned, our country is built on immigration and, therefore, our work leads to a win-win situation. Our clients are happy they are able to come (or stay) in the best country in the world (we are bias, of course) and, at the same time, Canada benefits from the skills and experience.

Applications for minor children have their challenges. It can be difficult to obtain sufficient evidence and there may be objections by parents and/or guardians. The key is to prepare a strong application where the Officer clearly understands the best interests of the child (BIOC) or children who are directly affected by the application.

Congratulations to our clients! We wish them all the best on their relocation to Manitoba. As part of our plan to reopen the province and get the economy back on track, they will need to abide by their 14-day Quarantine Plan as we are trying to limit the number of infections from the USA.

WFP: Audit of Deportation Orders

The widely reported report by the Canadian Auditor General describes the significant backlog and delays in the removal process for individuals who have enforceable removal orders, including deportation orders. These removals are carried out by CBSA Officers and we have many clients who are affected by these orders. We are in contact, almost daily, with CBSA Officers on behalf of our clients to ensure our clients fully cooperate with law enforcement and Canadian regulations. At the same time, we advise our clients on their legal rights.Deportation

The report focuses on failed refugee claimants who have deportation orders. Let me make a brief comment on this group. It is important to note that even when the refugee claimant’s risk may not rise to the level of risk per sections 96 or 97 of IRPA, they may still face significant risk or hardship and/or persecution. The fact is that the legal bar to refugee status is a high legal test and claimants must go through a rigorous adjudicative process, including examination and cross-examination of testimony. Another key fact is there is a shortage of competent legal counsel and claimants may be poorly prepared for their hearing.

Winnipeg Free Press reporter Eva Wasney published an article on the Auditor General’s report that discussed the challenges faced by CBSA:

Winnipeg immigration lawyer Alastair Clarke said some of the criticisms in the report are valid, but the audit is a an “oversimplification” of the removal process because it doesn’t include specific case examples.

“My concern is that the public reads this report, they don’t understand the details, the individuals who are behind these numbers, and this type of report causes undue or exaggerated anxiety in the public,” Clarke said. “The individuals who are under enforceable removal orders in the serious criminality category are generally only a small fraction of individuals in that entire pool.”

Of the more than 34,000 cases in the agency’s wanted inventory, 2,800 were criminal.

Indeed, to a certain extent, this report provides a limited perspective on the current state of removals and it fails to provide a nuanced approach to a complex procedure. I have spoken many times on this topic. Canadian laws require CBSA Officers to adhere to procedural fairness and, in our experience, CBSA Officers in Manitoba are vigilant in following Canadian laws and regulations.

In addition, I strongly agree with my friend and advocate Dr. Lori Wilkinson who has been doing significant research at the University of Manitoba’s Immigration Research West group:

While Wilkinson said she is glad to see the immigration removal audit, she is worried that the report could have a negative impact on people who are in Canada legally.

“There could be backlashes against immigrants,” she said. “Lots of people make the leap that if the deportation system isn’t working, then the immigration system must not be working.”

This is absolutely correct. In my view, IRCC Officers and CBSA Officers are working hard to ensure integrity in the system and they take deportation orders seriously.

On the flip side, let us be reminded of deportations that have been rushed and have led to disastrous results. One example that comes to mind is the case of Lucia Vega Jimenez from 2014. She was a failed refugee claimant from Mexico with an enforceable removal order as described in the Auditor General’s report. While she was on the verge of being deported, she took her own life in Vancouver. Advocates point to the serious risks to her life. On its face, I believe anyone can understand that if she was so afraid to go back to Mexico she would take her own life to prevent deportation, she had genuine fear.

In my view, it is important to consider the people behind these numbers. Every case is different, and I can tell you from many years of experience, immigration is messy. As correctly noted by the report, CBSA Officers focus their resources on serious criminals and ensuring the safety of the Canadian public. This is exactly how the system is designed to work.

Manitoba Phase 2 Reopening

Based on the sacrifice and hard work of Manitobans, the province is very safe. We are extremely grateful for the good governance in our province to manage services during this COVID-19 pandemic. We are in contract with first responders, health care professionals regularly to ensure we have updated information for our clients. On Friday, I participated in a high level call with Minister Marco Mendicino (IRCC), organized by the Canadian Bar Association. The federal government as well as the provincial government have been working hard to manage our immigration system. Today marks Manitoba’s Phase 2 reopening and we hope that residents will continue to be conscientious of physical distancing guidelines.

Phase 2

At Clarke Immigration Law, we made significant changes in JAN2020 and we continue to adapt to the circumstances. Our goal is to operate in a manageable capacity without sacrificing the safety of our clients or our staff. We regularly review all of the options and variables to ensure that we can provide the best quality of service.

To date, Manitoba has only had 295 confirmed COVID-19 cases for a population of more than 1,200,000 residents and ZERO patients are in hospital. For comparison, our neighbours in North Dakota have more than 2,365 confirmed COVID-19 cases in a population of only 762,000. As per the graph, courtesy of Manitoba Health, there have been very few cases for weeks. I am not going to guess the myriad reasons why there are so many more cases in the USA on a per capita basis. It could be poor leadership. It could be poor services. It could be poor health care. It could be poor physical distancing. Regardless, Manitobans should be proud how we have managed this pandemic thus far.

For Phase 2, many businesses will be reopening, at different levels. I spoke with a business owner yesterday who was very excited to open his business at 50% capacity. Public gatherings of up to 25 people inside are now allowed and up to 50 people outside. Businesses & activities to resume include:

  • Golf courses
  • Gyms (limited)
  • Restaurants (limited)
  • School services (limited)
  • Bars (limited)
  • Bowling Alleys
  • Nail Salons
  • Tattoo Parlors
  • Sports activities for children (group max 25)
  • Daycares (group max 25)
  • School playgrounds

For more information on the government’s plan to reopen, please consult the details of Phase 2.  The PDF with additional details is also available.

We are assisting many clients who are eager to come to Canada. Please contact our office to book a consultation. 

PGWP Update

IRCC has announced increased flexibility with Post Graduation Work Permit (PGWP) for international students in Canada. This reflects the government’s recognition of the contribution of international students to the Canadian economy and to society in general. As stated by our former Minister of Immigration John McCallum, international students are the core of the Canadian immigration system and the government is committed to supporting these individuals who have proven their financial contributions to this country.PGWP

IRCC has explicitly stated the importance of international students to our immigration system. The Press Release states:

International education represents a significant economic benefit to Canada, with international students contributing $21.6 billion to Canada’s GDP and supporting nearly 170,000 jobs in 2018. International students are also often excellent candidates to apply to remain in Canada permanently, with nearly 54,000 former students becoming permanent residents in Canada in 2018.

Indeed, the numbers are clear. Many int’l students go on to work on a PGWP and they apply for PR status. This is a proven path. In Manitoba, it is even easier with the MPNP program.

IRCC has shown commitment to ensuring students have the support they need during COVID19:

The COVID-19 pandemic has had a considerable impact on international students. In response to the health and travel restrictions that are in place, many designated learning institutions (DLIs) are offering their courses online.

Post-secondary institutions and prospective students alike are considering their approach to the fall semester. Both have sought guidance from Immigration, Refugees and Citizenship Canada regarding eligibility for the Post-Graduation Work Permit Program (PGWPP) for students starting at an eligible DLI this fall.

The government has announced increased flexibility with PGWP applications:

Under normal circumstances, criteria for the PGWPP limit an international student’s ability to pursue a program via distance learning, from inside or outside Canada, and time spent studying outside Canada is deducted from the length of the work permit for which they are eligible.

PGWPP eligibility will not be affected for international students whose fall 2020 courses will be online due to COVID-19. This is in line with guidance provided to students already studying in Canada or whose program had a spring or summer start date.

Students in this situation may begin their classes while outside Canada and complete up to 50% of their program via distance learning if they cannot travel to Canada sooner.

In addition, they will not have time deducted from the length of a future post-graduation work permit for studies completed outside of Canada, up to December 31, 2020.

This is very good news. We have many clients who can take advantage of these updates to the PGWP. On 29 MAY 2020, Clarke Immigration Law will participate in a meeting with the Minister of IRCC as well as the Minister of CBSA to discuss further changes to help our clients. Continue to watch this space for details.

UPDATE: We have been advised that PGWP application may be extended, in some circumstances. In this past, this was not possible. Please contact our office for more information.

Donations for Mohammed

Thank you for the tremendous support for our client Mohammed. You can read about his story in the WFP article. Basically, he is in Canada on a Work Permit and he is not covered by Manitoba Health. He had COVID19 symptoms and he paid $359.00 CAD to be tested:

Mohammed called Health Links to find out how he should proceed. He told the Free Press after waiting on hold for two hours, the representative on the other end of the line advised he go for testing at the nearest emergency room — not one of the off-site coronavirus testing centres.

He went to the downtown Health Sciences Centre and was swabbed for COVID-19. He was handed a bill for $359. He has no idea where he’s going to come up with the cash to pay it.

“I already don’t save a penny for myself,” he said. “I could pay if it was a smaller amount. And I only took the test. I didn’t take any medicine or anything like that. It is a lot of money to me.”

We have been helping Mohammed with his immigration applications. We hope that we can help him become a Permanent Resident and he will not have to worry about paying cash for health care.

We have been contacted by many WFP readers who would like to help Mohammed. Manitobans are so generous!

If you would like to help Mohammed, please contact our office and we can accept donations.

Please note that Clarke Immigration Law is based on service and principles of fairness. We provide many services pro bono to clients and we are committed to helping clients through Legal Aid. Alastair worked as Staff Lawyer at various community legal aid clinics in Toronto and Kingston. Our firm is modeled after the legal clinic system and our focus is on helping our clients and providing the best quality service.

WFP: Pandemic & Immigration

During this pandemic, CLARKE IMMIGRATION LAW is open and we are working remotely while keeping staff at the office. Please refer to our post on COVID19 which has regular updates. This pandemic has caused significant frustration and anxiety among our clients, including businesses that are negatively affected, families, workers and refugee claimants. Alastair Clarke gave an interview to the Winnipeg Free Press to answer some questions related to this ongoing pandemic and its impact on Canadian immigration law.

We have included a limited selection from the interview below. Please click here to read the full article.

Free Press: Are you concerned about how coronavirus response and the economic impact of the pandemic will influence people’s ability to land in Canada and to process applications on the permanent residency and citizenship track?

Clarke: Absolutely… we’re dealing with emergencies on a daily basis. Clients are concerned about their work permits, international students are worried about their status if they’ve been granted study permits, but they’re now not able to come for whatever reason. We have clients who have requirements to get biometrics (fingerprints and photo), but they’re not able to get the biometrics because the offices are closed.

This pandemic has affected the entire system. Not to mention the (Immigration and Refugee Board of Canada) tribunal is virtually closed, 90 per cent of our hearings have been postponed.

We expect there are going to be delays in processing times. We expect this is going to impact many applications. Canada, as everyone knows, is dependent on immigration and our economy is tied very closely with immigration.Pandemic

FP: What if someone had been on track to apply for a permanent residency permit and just got laid off? Are they still going to be eligible to remain in Canada? Would they be eligible for the emergency employment benefit?

AC: Every case is different. So, we’re dealing with these questions on a case-by-case basis.

I had one trucker who called me and he has a permanent residency application in process and his employer has supported his application. But the routes he has are all to the United States, and this client doesn’t feel comfortable going to the United States anymore. He’s asked his employer for domestic routes, but they don’t have any. So now he’s asking whether or not he can quit — and that would be a huge risk; he puts his visa application at risk.

I will say, generally speaking, Immigration, Refugees and Citizenship Canada, I’m on the phone with officers almost daily and they have been incredibly open about what they’re dealing with. The officers are incredibly sympathetic; they understand how these applicants are being affected.

Please go to the Winnipeg Free Press article to read the interview in full. This pandemic and the impact of COVID19 is causing unprecedented changes to the economy and to society on a global scale.

Finally, I want to applaud the Government of Manitoba for their hard work. Currently, there are ~250 infections in the entire province and only a few deaths. We have less than 1% of the cases in Canada and Manitoba is very safe. I feel extremely safe and secure in Manitoba and we have the benefit of an extremely reliable health care system.

We want to thank all the health care workers who work tirelessly to treat those affected by this pandemic. We each need to do our part to mitigate the risk and flatten the curve. We are very fortunate to live in Manitoba and we benefit from good governance and strong leadership.

Success: Sponsorship Appeal

In late 2018, we were contacted by a Pakistani family regarding a Spousal Sponsorship application that was refused. We had 6 months to prepare the Spousal Sponsorship appeal at the Immigration Appeal Division (IAD) of the tribunal. Challenges we had to overcome: two (2) previous sponsorship refusals, one (1) previous IAD sponsorship appeal refusal, divorce, family issues, mental health issues, mistakes made by the Pakistani official and mistakes on the original application. Positives: our clients are a loving couple who found each other despite significant hardship and obstacles. On many levels, this couple is a good match and they have the support of their family in Canada as well as family members in Pakistan.

Sponsorship appeal

This photo is used with permission and it does not depict our clients.

This was not an easy win. We prepared multiple disclosure packages that included hundreds of pages of evidence. We practiced testimony with family members in Canada and in Asia. In our conference room, we had many meetings to review questions and answers. For these cases, it is so important to prepare, prepare, prepare!!

As an aside, it is important to point out that these clients had previously retained another law firm for a previous IAD sponsorship appeal and they lost. When they came to us, they had already spent more than $20,000.00 CAD on legal fees. They would have saved a lot of $$$$ if they had come to us first. I will not say that the previous immigration lawyer lacks competence. I respect her work and I believe that she tried her best. For whatever reason, it simply wasn’t good enough. I will also refrain from naming the previous law firm but I can let you know they have a Google rating of only 3.0 and a poor reputation in the legal community.

In 2016, we published tips for winning a Spousal Sponsorship appeal. Alastair handled his first Spousal Sponsorship appeal back in 2007 (with the support of his Toronto law firm, he won) and he has won every IAD appeal over the past 12 years. Many victories. Many happy families reunited.

In this case, the Pakistani applicant has arrived and she is now a Permanent Resident of Canada. She is settling into her life in Winnipeg, with the unwavering support of her husband and their family. We wish their marriage all the best!

COVID19 – UPDATE 7/APR/2020

UPDATE: 7/APRIL/2020

Please note that we will not be providing additional updates to this page. There have been many changes to laws, regulations and policies due to COVID19. We have been in contact with lawyers from across Canada to stay up to date with changes and amendments.

If you have any specific questions on how the changes may impact your application or your situation, please book a consultation with a lawyer.

UPDATE: 24/MARCH/2020

OK – to mitigate the spread of COVID19, the Ontario government declared that all non-essential services must close starting tomorrow and we expect Manitoba will follow suit soon. The numbers of infected continue to rise and the governments are doing everything in their power.

LAWYERS ARE “ESSENTIAL” SERVICE

The list is out. Lawyers and law firms are considered an essential service. We will continue to monitor the situation. Again, most staff at Clarke Law are working remotely. We only have 2 staff in the office to keep things up and running; however, we are not holding in-person meetings in the office. Feel free to drop off documents and we have been getting daily packages.

NOTE: Immigration consultants are not on the list. As per usual, please contact an appropriate expert for assistance.

LEADING BY EXAMPLE

I have to commend our valiant leader PM Trudeau who is working from home in isolation. He is managing his busy household, with 3 young children, by himself while leading our country through very difficult times.

We watch his daily briefings and he remains poised. Lead by example. Well done Sir!

BORDERLINES PODCAST

My colleagues in Vancouver have published an episode on The Canadian Immigration Consequences of COVID19. This does not seem to appear on their website (yet) so I would encourage you to find it in your podcast app.

In particular, it is nice to hear some optimism from Deanna!

START IN-CANADA REFUGEE CLAIM BY EMAIL

As the IRCC Offices across Canada have closed due to COVID19, refugee claims in Canada are being submitted by email: IRCC.RefugeeClaim-Demandedasile.IRCC@cic.gc.ca

We have been in regular contact with the IRB-RPD (Western Region) and we have been advised that all hearings have been postponed until 1 MAY 2020.

UPDATE: 23/MARCH2020

We had a busy weekend. The land border with the USA closed at midnight on Friday due to COVID19, causing a lot of confusion. I am not sure how “Tutor” became part of the definition of “immediate family member”.

COVID19

COVID19

IN-PERSON MEETINGS CANCELLED

In our office, most of our staff are working from home. We will continue to work on files and submit applications to maintain high standards. At the same time, we must do our part to fight this COVID19 virus from spreading. We encourage all our clients to contact us by telephone – 2045996966 or by email info@apply2manitoba.ca

MANITOBA STATE OF EMERGENCY

The provincial government has declared a State of Emergency to manage the spread of COVID19. These are extreme measures for extreme times. We are all taking these measures very seriously and we fully support any and all measures to protect the health and safety of residents.

This means that groups over 50 people are banned. Gyms are closed. Most retail will close. See the government website for details. We are taking this day by day.

UPDATE: 20/MARCH/2020

ASYLUM SEEKERS FROM USA

The Canadian government has further restricted border entries. Asylum seekers (refugee claimants) who seek to enter Canada at Ports of Entry will be refused entry. Asylum seekers (refugee claimants) who attempt irregular crossings into Canada will be returned to the US as part of an “exceptional measure” to protect residents in Canada.

During a news briefing, Minister Blair has acknowledged exceptions, including unaccompanied minors, to filing a refugee claim at the border. Claims at the US-Canada border have decreased by half from ~40 daily to ~20 daily. They will be returned to the USA and the Minister has advised that they will not be detained.

QUARANTINE ACT LEGISLATION

Emergency legislation through the Quarantine Act limits entry to Canada, including “immediate family members” as defined by the new Order. This provides clarity on the previous announcements that will limit access to Canadian soil.

Individuals crossing from the US may be required to spend a period of 14 days in the US due to COVID19 before they will be allowed to enter Canada.

FASTER PROCESSING TIMES

Minister Freeland has indicated that IRCC may be processing applications faster than usual. She has indicated that we need to recognize the need for “speed over attention”. She has emphasized the importance of processing files quickly. We are waiting for confirmation and details from Minister Mendicino’s office.

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UPDATE 19/MARCH/2020

US VISA OFFICES – CUTTING SERVICES

The US Government has announced that Visa Offices around the world will be cutting services and canceling appointments. This is an unprecedented decision that will impact thousands of applications.

We believe the Canadian government may issue a similar order to Canadian Visa Offices. If you are in process of submitting an application, we encourage you to submit ASAP while the Visa Offices are still open.

CANADA/USA BORDER RESTRICTIONS

Through a mutual agreement, the Canadian and US government have agreed to limit travel across the land border to essential travel only. This is an attempt to limit tourism and cross-border shopping. There are exemptions for trade and/or trucking. Governments are working hard due to the numbers of COVID19 infections.

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UPDATE 18/MARCH/2020

Please note that we have been dealing with the pandemic and monitoring the developments closely. We are trying to reply to all concerns in a systemic and orderly manner.

IRB – HEARINGS POSTPONED

Please note that most hearings at the tribunal have been postponed. This included refugee claims, admissibility hearings, and appeals. If you have a hearing that has been scheduled, we will provide updates from the IRB. Currently, the IRB front offce is closed to the public and they have released this message, published in 16/MARCH/2020. IRB Members are working on current cases and we received a positive decision today.

ENTERING CANADA

Please note that the Government of Canada has temporarily restricted entry to Canada. Previously, only Canadian citizens, PRs and a few exemptions have been permitted entry. Today, there may be additional restrictions. The situation has been changing daily, based on the risk assessment. If you or your loved ones are seeking entry to Canada, please review the changes that are published on news outlets, including CBC News.

REMOVALS AND DEPORTATIONS

CBSA has currently suspended all removals from Canada, including Departure Orders, Exclusion Orders and Deportation Orders; however, there are exceptions.

APPOINTMENTS WITH IRCC

IRCC has suspended in person meetings with Officers. Currently, they have announced that meetings may resume on 13/APRIL/2020; however, that may change depending on the pandemic.

Successful applications who are scheduled to land and become Permanent Residents, need to contact IRCC if they are unable to travel. This includes COPR and PRV cases.

BIOMETRICS

All biometrics appointments inside Canada have been cancelled until further notice. IRCC has granted an automatic extension of 90 days.

For biometrics appointments outside Canada, please contact the appropriate VAC or ASC.

CITIZENSHIP APPLICATIONS

Please note that CPC Sydney has temporarily closed and the office is not accepting packages. We will be submitting documentation as soon as they resume operations.

CROSSING THE BORDER & POEs

Please keep in mind that CBSA Officers at the border are on the front line. They have put in place measures to keep the Officers safe and, at the same time, follow instructions from Ottawa. We have been advised by other law firms in Canada that POEs may refuse to process applications that are not urgent.

PR APPLICATIONS

Applications for Permanent Residence and many other applications are being accepted. IRCC is encouraging all applicants to submit online, if possible.

FEDERAL COURT – APPLICATIONS FOR JUDICIAL REVIEW

The Court has issued a Notice regarding deadlines and ALJR. This information is effective 17/MARCH/2020

MIGRANT WORKERS & FARMING

We have been monitoring the situation. IRCC is acutely aware of the needs of the farming and agricultural sector. Current border restrictions may impact many workers who have travel plans. At this point, we encourage all temporary workers to monitor the situation closely.

LEGAL AID MANITOBA

LAM has announced that it will accept application online and their office is currently closed.

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13/MARCH/2020

We want to thank all our clients and partners for continued patience, cooperation and understanding during this COVID29 pandemic. We have taken unprecedented actions to keep our staff safe and healthy. These precautions have been put in place to ensure that we can continue to work and serve our clients. We will continue to do the work that we love; however, we also need to stay safe & healthy.

If you have come to the office recently, you have noticed the new signage. We announced the ban on shaking hands at the beginning of 2020 and we have put in place additional measures to limit personal contact and adhere to social distancing. In addition, starting on March 11th, we have put in place additional cleaning and other procedures to protect the office from viruses. We have added purification systems and many other measures for protection.

We have also put in place additional procedures so that staff can work remotely from home, if necessary. We are monitoring ourselves regularly to make sure we are safe and healthy. We are taking the COVID19 pandemic seriously and we want to make sure that we follow all precautions so that we are not infected and that we do not infect anyone who comes to our office.

Please take all measures to stay healthy.

Success: Residency Obligation Appeal

All PRs in Canada should be aware of the 730 day rule re: Residency Obligation. In this case, our clients landed in 2014 while the Principal Applicant was completing his PhD program. They spent 2 weeks in Manitoba and then he returned to finish his degree. He intended to spend only one (1) year outside Canada, complete his studies, and then come back. But his university offered a three (3) year research contract that he could not refuse. He tried to enter Canada in 2018 and the CBSA Officer conducted the examination. As he failed the 730 day rule, he and his family were at risk of losing their Permanent Resident status. They called us and we filed the Residency Obligation appeal to the IAD.Residency Obligations

In the five (5) years prior to examination, these clients were in Canada for only 14 days. This IAD appeal was a challenge. Thankfully, we were able to successfully postpone the IAD hearing date twice and give the family additional time to establish themselves in Manitoba.

We prepared +300 pages of supporting documentation, meticulously drafting each documentation for relevancy and strength. We spent hours to prepare the family and their witnesses to practice (practice and more practice) their testimony.

We won the appeal, of course. Alastair still has a perfect record at the IAD. This was a challenging appeal. With only 14 days in Canada during the requisite period, this family was not even close to meeting the 730 day rule. Thankfully, our legal arguments and preparation won the day. In my view, Canada also gained a prominent academic who is doing significant research. This was a win-win-win!

On a sad note, Alastair spoke with unrepresented appellants at the IAD who decided to try to fight for themselves. Alas, they lost their appeal and they made an appointment at Clarke Immigration Law to discuss their limited options. Please note that appealing an IAD Residency Obligation decision to Federal Court is extremely challenging. I would highly recommend that anyone subject to an IAD appeal find a good lawyer as soon as possible!