CBC The National: Extradition

Alastair Clarke was recently interviewed by CBC News regarding the potential criminal charges against Peter Nygard. At this point, Mr. Nygard’s son has concerns that his father may leave Canada to escape justice which would force the Government of Canada to make an extradition request. Extradition is a complex area of law; however, based on his studies in International Law at Queen’s Law (Bader International Study Centre @ Herstmonceux Castle) and his professional experience dealing with the intersection of Criminal Law, Immigration Law & extradition law, Alastair was able to provide insight on the potential legal issues.

Please note: this case has been unfolding quickly and the information is only current as of today, 18 SEPT 2020. As noted by CBC Reporter Caroline Barghout, based on an exclusive interview with Peter Nygard’s son:

The son says he’s speaking out now because he’s afraid if he stays quiet, his father’s accusers — including his two brothers — may never get justice.

“My No. 1 goal is for him not to escape,” he said.

He says Nygard spends summers in Falcon Lake in southeastern Manitoba, and would normally head to one of his properties in California or the Bahamas by the third week of September. But with his father under a cloud of sex allegations, the son thinks his father will instead set his sights on a jurisdiction that won’t extradite him if charges are ever authorized.

“He believes that he’s above the law — the law does not apply to him,” said the son, adding he bases that on his father’s past actions.extradition

This point leads directly to the possibility of an extradition request made by the Canadian government, if criminal charges are laid and the accused flees the country.

Winnipeg immigration lawyer Alastair Clarke says unfortunately, the more money a person has, the easier it can be to evade the law.

“It’s entirely possible that in this case … Mr. Nygard may find a country who is sympathetic to his, let’s say, his net worth, to his financial capacity,” said Clarke.

“And so he could find possibly a safe haven, which would be, in my view, quite unfortunate.”

He says if a country doesn’t have an extradition treaty with Canada, there may not be anything the government can do to get a person back, even if charges are laid.

Canada doesn’t track, or keep a record of, people who leave the country, he said. Only entries are monitored.

“If we had the resources in place, that would, in my view, uphold the Canadian rule of law and make sure that alleged criminals are not simply using their private chartered jets, for example — flying to places where we don’t have extradition treaties and escaping the law,” said Clarke. 

Indeed, extradition can be very messy as we have seen in both the Meng Wanzhou case and the Carlos Ghosn case. These are both ongoing legal matters that involve Canada, the United States, China, Japan, Lebanon and France. A friend of Alastair Clarke, lawyer Richard Kurland has spoken on the complexity of these cases, as reported by CBC News:

The fight may be over the technicalities of legal privilege — the right to shield sensitive communications and documentation — but observers of the case say the outcome could prove crucial in Meng’s battle against extradition to the United States.

“This disclosure of who said what to who is critical,” said Richard Kurland, a Vancouver immigration lawyer who has followed the proceedings closely.

“The line here is how much information ought to be revealed in order for the defence to know the case they have to meet and mount their defence, counterbalanced against the right of the state to conduct clandestine service. That’s quite a difficult balance in a case like this.”

For more information, please watch CBC The National on youtube. This story starts at 22:40 of the episode.

Currently, Peter Nygard is in Manitoba and there are no criminal charges. The above is purely speculation. This is an ongoing matter and, as with the other cases above, we will be following this case closely to see if extradition becomes a necessary recourse.

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.

Manitoba Reopens: Phase 1

We have posted many updates on this site and the pandemic has progressed. Like you, we are following news from around the world to monitor the situation and to provide advice to our clients. We have given interviews with the Winnipeg Free Press. We are concerned, for example, for our clients in Ecuador and Nigeria. Each jurisdiction has been handling this crisis differently, to various levels of success. Here in Canada, I am Manitobaextremely proud of how our government has handled this extreme situation. By all accounts, Canada has been faring much better than the USA, even on a per capita basis.

In Canada, Manitoba has done very well. We have very few cases and testing is easy. One of my staff was tested at a drive-through centre (negative) and results are available quickly. There is a screening tool and the province announced today they have a new website where anyone who is tested can access their results online. Easy and quick.

In a 34 page report, Manitoba has outlined 5 factors to determine when to reopen the province:

  1. LAB POSITIVITY RATE
  2. ACTIVE COVID-19 CASES
  3. HOSPITAL BEDS IN USE
  4. COMMUNITY TRANSMISSION
  5. PERSONAL PROTECTIVE EQUIPMENT (PPE)

I am no medical expert, of course; however, I fully support the Manitoba government and we can be extremely proud of their work.

We get calls every day from folks who want to come to Manitoba for a better life. With good governance, it is understandable that many people took to Canada as the best place on earth.

It is a given that the future is uncertain. My staff will tell you that I often say, “hope for the best, plan for the worst”. In this case, it is not clear we will have a vaccine in 2020. It is more likely the vaccine will not come until 2021 or possibly 2022. We need to plan for the worst.

We remain open and we continue to work on behalf of our clients. Stay safe. Stay healthy.

Feature: Bee’s Exotic Shop

As part of our goal to promote our clients’ businesses, I am thrilled to promote Bee’s Exotic Shop, based in Brandon, Manitoba. This is a shop where customers can find exotic pieces of clothing, art, accessories and jewelry from East India. The shop owners, Bansri and Devin, are long-established residents of Brampton and they have strong connections with the local economy. Bansri’s family in India is very well respected and she has a strong entrepreneurial spirit.

During this pandemic, it is important to support and promote local small businesses. Bee’s Exotic Shop adds culture and flair to Manitoba and we are proud to support this business.

For more information, please visit their website by clicking on this link.

As we have done research for Bee’s Exotic Shop, we pleasantly discovered that Bansri is offering Henna as well! Although I have never seen her Henna work personally, I have no doubt that she is amazing. It has been a pleasure to work with her in the past and I am thrilled that she is providing this service to Manitobans.

Bansri has been building this business and establishing an online presence. Personally, I follow the business on Instagram and it is always a pleasure to see the gorgeous pieces they are selling and where to find them. They travel all over Manitoba, selling their goods at community fairs including Minnedosa, Winnipeg, Morden and many other markets!

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.

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.

—-

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.

—-

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.

—-

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: MPNP BIS

We are thrilled to announce our business investor clients are now Permanent Residents of Canada. This family came to us in a desperate situation and they were interested in the MPNP BIS program. They are both highly accomplished professionals. He has a background in building and managing businesses in the financial section. She has a background in health management. They were seeking a better life for themselves and their five (5) children, including two (2) adopted children. One child has significant health issues.

MPNP BIS

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

With hard work and strong communication with the staff at the Manitoba Provincial Nominee Program (MPNP) – Business Investor Stream (BIS), we were able to help this family navigate the Entrepreneur Pathway to PR status.

In this case, the family purchased a hunting and fishing lodge in rural Manitoba. The MPNP program, as well as IRCC, has expressed significant support for applicants who are interested in building rural communities. We have helped clients through the Rural and Northern Immigration Pilot (RNIP) and the government has announced the Municipal Nominee Program to further support the particular needs of diverse communities. We fully support this idea in principle as it recognizes the need for ground-level decision making. The one-size-fits-all approach does not work.

MPNP-BIS applicants have unique challenges and Clarke Immigration Law is known internationally for our work in this area. Alastair Clarke recently attended a meeting with senior staff at MPNP to discuss results from 2019 and plans for the future. This program is important for the development of the province and it provides mutual benefit.

We are thrilled with the MPNP BIS approval for this family and the IRCC decision to grant PR status. We wish them success with their business goals and a prosperous 2020. For more information on how we can help with your MPNP BIS application, please book a consultation. 

Success: H&C

As part of our series to share success stories, we are thrilled to share this story of a Mexican family who were granted Approval In Principle (AIP) on an Application for Permanent Resident Status based on Humanitarian and Compassionate Considerations (H&C). As you may be aware, the H&C application currently has an approval rate of approximately 50% only. This application requires significant work and research. In this case, we worked with numerous community members, academics, and legal scholars to put together a strong application based on their humanitarian circumstances. humanitarian

A brief background. A family of (5) five Mexican nationals with strong family and historical connections to southern Manitoba came to our office in early 2018. This Mennonite family were all born in Mexico. Their parents (deceased) were members of Old Colony Mennonites who were born in Manitoba. Based on issues related to education, they left Canada to settle in Mexico and Paraguay. They came to us to help them rekindle their ties with the Mennonite community in the Winkler area. As they have no formal education, they did not qualify for the RNIP, MPNP or any other skilled worker category even though these are highly accomplished applicants.

After only 11 months of processing, IRCC gave approval in principle (AIP) to this H&C application based on the strong humanitarian arguments. We are very pleased with the processing time of this application – faster than average processing times.

This family has maintained their temporary status in Canada throughout the H&C process and they are currently working with valid Work Permits. We attribute the success of this application based on the strong support of the Mennonite community and strong legal research. Similar to another humanitarian application that was approved, we prepared +400 pages of documents for this H&C application.

This family is naturally delighted their application has passed the AIP (first-stage) approval and we look forward to this family becoming Permanent Residents of Canada. To date, Clarke Immigration Law has never had an H&C application refused.