Stewart Sharma Harsanyi Immigration Law Firm Blog

Emergency Stay Applications & Detention Reviews

A client required an extraordinary remedy – a Federal Court Stay Application, but also ended up requiring a Detention Review. It arose essentially because he was being removed from Canada. All remaining avenues (legal anyway) for remaining in Canada had been explored. The client had even married - however, his wife became unwilling to follow through with the necessary paperwork for an in-land Canada spousal sponsorship. Before taking on the matter, I advised the client that a stay from the Federal Court pending his "H&C" application was a long shot and that he ought to weigh carefully the considerable expenses involved. Beyond “appeals” of refugee claims denials or an H&C/PRRA application refusal, the Federal Court is also the final option to “stay” a decision for removal or deportation. Having recently gone through an exceedingly difficult Emergency Stay Application and a Detention Review (both on the same day), here’s a brief overview of a scenario that might occasion either or both: Let’s say that an individual has been in Canada illegally for a number of years. After pursuing the legal options to remain (refugee claim, H&C/PRRA etc) there will come a time for his or her removal. The foreign national can... Read more →

Spousal Sponsorship

Yet again, I am looking at a rejected spousal sponsorship. Yet again, the client will be subject to extraordinary delay and additional cost to appeal the rejected sponsorship to the Immigration Appeal Division. Notwithstanding the fact that my client (the sponsor) has given birth to a child of the marriage, the sponsorship was rejected. In this case, the rejection has come out of the Canadian High Commission in New Delhi. What’s interesting is the reasons for denial. But first, let’s overview the whole process. The Spousal Sponsorship Application A spousal sponsorship application is straight forward. It’s not necessary to hire a lawyer to complete the paperwork, unless you are unfamiliar with filling out paperwork and complying with CIC’s various requirements (Option C printout, letter from employer, photographs etc.). The first stage in the application process is the submission of the application to the Case Processing Centre in Mississauga. Here the sponsorship is assessed for eligibility (no minimum income requirements now, but other factors such as bankruptcy, outstanding undertakings etc.). After eligibility is established, the file is transferred to the Canadian High Commission in Delhi (Chandigarh cannot process applications for permanent residence). This is where the applications become subject to the... Read more →