RHYME & REASON

Filipiniana News – April 2016 RHYME & REASON Immigration Appeals When I meet with a prospective client who had just received the refusal of an immigration application, the first question often asked is:   can we appeal?   The answer to this question is almost always not as simple and straightforward as one might hope.     First, it must be noted that an appeal in the immigration context has a specific technical meaning.   It is a right generally given only to permanent residents and which can be brought before the Immigration Appeal Division of the Immigration and Refugee Board (IRB) in specified cases.    These include family sponsorship refusals, non-fulfilment of residency obligation   and issuance of removal orders.   The only exception to the PR requirement is in the case of failed refugee claimants who may file an appeal with the Refugee Appeal Division of the IRB.     ...

Filipiniana News –   March 2016 RHYME & REASON Primer on the Express Entry System After more than a year since its official launch in January 2015, the Express Entry system is still causing a lot of confusion and misunderstanding for many prospective permanent residence applicants.   Thus, it may help to review some of the main features of the Express Entry system to avoid further misinformation and resulting frustration for all concerned.   First, it must be noted that the Express Entry system did not create another immigration or permanent residence category.   It is simply a new way of admitting applicants to the existing immigration programs, namely: the Federal Skilled Worker, Federal Skilled Trades, Canadian Experience Class and selected Provincial Nominee Programs.    Second, the Express Entry system has reversed the immigration application process in that instead of the applicants being allowed to submit then wait for their...

Filipiniana News – February 2016 RHYME & REASON Primer on Spousal Sponsorship Applications Despite having undergone frequent changes and tightening rules, spousal sponsorship applications are still among the most popular yet often misunderstood type of immigration applications in Canada.    It may thus be helpful to review some basic guidelines involving this type of applications to increase chances of success or avoid needless refusals. Eligible Relationships There are three different types of partnerships that could qualify under the spousal sponsorship class. namely:   spouses, common-law partners and conjugal partners. Spouses are couples who are validly married in the jurisdiction where the marriage was celebrated.    Thus, the sponsor and applicant must provide copies of a valid marriage certificate and proof of separation from previous spouses, if any.   Other relevant documents such as wedding photos, invitations, refer...

Filipiniana News –  January 2016 RHYME & REASON An Open Letter to the Immigration Minister Dear Minister McCallum: First of all, this is to congratulate you on your appointment as the new Minister for Immigration, Refugees and Citizenship.   Your and your party's election platform and promises, especially with respect to immigration policies, have given many people great hope for a better, fairer and more humane Canada. Thank you for your leadership in the government's valiant efforts to admit and resettle as many Syrian and Iraqi refugees to Canada as soon as possible.  We understand that resettling refugee families to Canada is literally about saving precious lives hence the extreme urgency of Canada's response to this great humanitarian crisis.  We also understand that targets and timelines need to be adjusted but are glad that the noble objective of saving as many lives as possible, remain.   We trust that the current foc...