Immigration

Overview

Coming to Canada, or bringing your family here, is one of the biggest decisions a person makes. It is also one of the most paperwork-heavy. Forms are long, evidence has to be organized in a particular way, and one missing document can add months to your wait. Most people we meet are not confused about their own life. They are confused about what the government wants to see, and in what form.

Immigration rules change often. Programs are added, paused and rewritten, and a requirement that was correct last year may not be correct today. So we confirm the current rules with Immigration, Refugees and Citizenship Canada (IRCC) for your situation, then tell you plainly what your options are — including when the honest answer is to wait, or to fix one part of your profile first.

No lawyer decides an immigration application. An officer does. What we can do is make sure that officer has a complete, accurate and well-explained file, and that you understand every step in a language you are comfortable in.

How we help

Express Entry

Express Entry is not a program. It is an online pool IRCC uses to manage three federal economic programs: the Federal Skilled Worker Program, the Federal Skilled Trades Program and the Canadian Experience Class. You must be eligible for one of them first. IRCC ranks the pool and invites the strongest candidates. There are also category-based draws for certain occupations and for strong French. Cut-offs move with every draw, so check IRCC's site.

Provincial Nominee Programs

Provinces run their own nominee streams, and each decides who it wants. A nomination comes as a certificate issued by the province under an agreement with the federal Minister, and the province alone assesses whether you meet its criteria and intend to settle there. A nomination adds a very large number of points to an Express Entry profile. Streams open and close, so timing matters as much as eligibility.

Spousal and partner sponsorship

A Canadian citizen or permanent resident can sponsor a spouse, a common-law partner or a conjugal partner. The officer must decide whether the relationship is genuine and was not entered into mainly to gain status. That is proved with evidence, not assurances: messages over time, joint finances, photographs, travel, and people who know you both. Sponsoring also means signing an undertaking — a binding promise to support that person financially.

Sponsoring parents and grandparents

Parents and grandparents can be sponsored when IRCC opens its intake, which is limited and often uses a random selection from people who registered an interest. Sponsors must show income across several recent tax years, proven with notices of assessment, and the undertaking is far longer than for a spouse. When the program is closed, the Super Visa allows long visits instead, subject to income and insurance conditions.

Study permits

Study permit rules changed a great deal and are still moving. Most college and undergraduate applicants now need a provincial attestation letter, the money you must show was raised, and not every program still leads to a work permit afterwards. Choosing a school is an immigration decision, not only an education one. We check that the institution, the program and the province line up before you pay a deposit.

Work permits and the PGWP

Work permits come in two broad kinds: employer-specific permits tied to one job, and open permits that let you work for almost any employer. The Post-Graduation Work Permit is the open permit many graduates count on, and its rules were narrowed — field of study, language testing and the type of institution can each decide eligibility. It is generally a once-in-a-lifetime permit, so confirm before you enrol.

Hiring foreign workers: LMIA and LMIA-exempt

Employers usually need a Labour Market Impact Assessment before hiring a foreign worker. Employment and Social Development Canada assesses whether the job would have a neutral or positive effect on the Canadian labour market, weighing recruitment efforts, wages, working conditions, skills transfer and any labour dispute. Some roles are exempt, including reciprocal employment and work of significant benefit to Canada. Employers can be inspected later, so records matter.

Refusals, appeals and judicial review

A refusal letter rarely explains much. The officer's fuller reasoning usually sits in notes you can request, and those notes decide which route makes sense. Depending on the decision, you may be able to ask for reconsideration, appeal to the Immigration Appeal Division, or apply to the Federal Court for judicial review. Not every refusal carries an appeal right, and some deadlines run in days.

How it works

1. 1

   Tell us your situation

   Book the free 30-minute consultation. Bring your status, your documents and your timeline. We would rather hear the whole picture, including the awkward parts, than find it later.

2. 2

   We check today's rules

   Programs change often, so we confirm the requirements that apply to your case against IRCC's current published rules.

3. 3

   We map the realistic options

   You get a plain-language assessment of the routes open to you and what each one needs. If the honest answer is to wait, we say so.

4. 4

   We prepare and file

   Forms, supporting documents, translations and a submission letter that explains your case, so nothing important depends on the officer guessing.

5. 5

   We follow it through

   We answer requests for more information, track the deadlines, and if the decision goes against you we explain your options and how long you have.

Which immigration program is right for me?

There is no single answer, because the programs measure different things. Express Entry rewards age, education, official-language ability and skilled work experience. A Provincial Nominee Program rewards fitting what one province needs right now. Family sponsorship depends on your relationship, not on a score. A work or study permit is temporary, but it builds the Canadian experience that makes a later permanent application stronger.

So the first job is to look at the whole picture: your qualifications, language results, family in Canada, employer and age. Sometimes the strongest move is not applying this month, but improving one part of your profile.

How does an officer decide whether a marriage or partnership is genuine?

The officer asks two connected questions: is the relationship real, and was it entered into mainly to gain status. A relationship can be completely real and still be refused, because what is judged is the file.

Evidence carries the weight. Officers look for a consistent story over time — how you met, calls and messages, visits and travel records, money mixed together, a shared address, and recognition from family and friends. Gaps get noticed: a long silence in your messages, or photographs that all come from one week.

An interview is possible, and answers that do not match do real damage. We help you assemble the record and explain what needs explaining.

My application was refused. What can I do now?

First, get the reasons. Refusal letters are short. The officer's notes are usually much fuller and can be requested, and they show whether the problem was a missing document, a credibility concern, or how the law was applied.

Reconsideration asks the same office to look again. It can work where something was overlooked, but it is not an appeal and nobody has to grant it. An appeal to the Immigration Appeal Division is open for certain decisions — many sponsorship refusals, some removal orders, and residency-obligation decisions made outside Canada. Findings such as serious criminality remove that right.

Judicial review at the Federal Court does not re-decide your case. It asks whether the decision was reasonable and the process fair. You need the court's permission, and the deadlines are very short.

What does it take to become a Canadian citizen?

You must be a permanent resident, and physically present in Canada for at least 1,095 days in the five years before you apply. Time spent here before you became a permanent resident can sometimes count in part, so the calculation is worth doing carefully rather than from memory.

You must also have met any requirement to file an income tax return for three taxation years inside that window. Applicants aged 18 to 54 must show adequate knowledge of English or French and pass a test about Canada. Some criminal matters can block or delay an application, so raise them early.

What if something in my past could make me inadmissible?

Inadmissibility covers more ground than people expect: criminal convictions inside or outside Canada, some medical conditions, security and human rights grounds, misrepresentation, and in some cases a finding against a family member.

Tell us early. There is often a lawful way forward — criminal rehabilitation once enough time has passed, a record suspension, a temporary resident permit, or an authorization to return to Canada. What almost never works is leaving something out. Misrepresentation carries a five-year bar and closes doors that honest disclosure would have kept open.

What it costs

Immigration work is usually quoted as a flat fee for a defined piece of work — a sponsorship application, a work permit, an appeal — so you can plan. You get the fee structure in writing before you decide.

Government fees are set by IRCC, not by us, and so are language tests, credential assessments, medicals and police certificates. We list the ones your route needs. The 30-minute consultation is free either way.

What you can expect from us

Nobody can promise you a result. Officers decide applications, and the rules can change while your file is open. What you can expect is an application that is complete, honest, filed on time and clearly explained — and that you always know where it stands.

• A frank assessment before you spend money
• An application built on the rules that apply today
• Documents, translations and a submission letter prepared properly
• Deadlines tracked and IRCC requests answered on time
• Updates in plain language, in a language you are comfortable in

Deadlines that are easy to miss

Immigration law runs on short clocks, and missing one can close a door for good. These are the ones people learn about too late.

• Judicial review at the Federal Court — An application for leave must be served and filed within 15 days if the matter arose in Canada, or 60 days if it arose outside Canada, counted from when you were notified. A judge may extend that only for special reasons.
• Appeals to the Immigration Appeal Division — Sponsorship appeals and removal order appeals must be filed within 30 days of receiving the decision or order. A residency-obligation appeal against a decision made outside Canada has 60 days.
• Restoring temporary status — If you lose visitor, student or worker status, an application to restore it must generally be made within 90 days. You may not work or study during that gap.
• The misrepresentation bar — A finding of misrepresentation makes a person inadmissible for five years and blocks a permanent residence application in that period. It is the most expensive shortcut there is.
• Sponsorship undertakings — The undertaking runs three years for a spouse or partner, and twenty years for a parent or grandparent. It survives a later separation.

Why Lexwood Law

• We confirm the current IRCC rules for your case before advising, because programs change often
• Saturday appointments between 10 and 3, which suits shift work and school runs
• Service in English, Urdu, Hindi and Punjabi
• A lawyer regulated by the Law Society of Ontario, able to act in the Federal Court if judicial review is needed
• A written fee structure before you commit, and a free 30-minute consultation to start

Common questions

This page is general information, not legal advice. Every matter is different — book a consultation for advice on your situation.