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FREAQUENTLY ASKED QUESTIONS

General Immigration & Refugee Questions

Do I need a lawyer for immigration or refugee matters?

You are not required to hire a lawyer, but immigration and refugee law is complex and procedural. Errors, missed deadlines, or inconsistent information can lead to refusals, delays, or enforcement action. Legal guidance helps ensure your case is prepared accurately and strategically.

How long does an immigration or refugee case take?

Processing times vary depending on the type of application, the government office involved, and individual circumstances. Some matters are resolved in months, while others may take longer due to hearings, appeals, or additional review.

Can you help if my application was already refused?

Yes. Many clients contact us after a refusal. Depending on the situation, options may include reapplying, appealing, seeking judicial review, or addressing the underlying issue before proceeding again.

Will a refusal affect future applications?

In many cases, yes. Refusals can lead to increased scrutiny in future applications. How a refusal is handled can significantly affect long-term immigration outcomes.

 
What happens during a consultation?

A consultation allows us to review your situation, identify risks, explain available options, and outline potential next steps. It is also an opportunity for you to ask questions and understand how your case may be approached.

 

Refugee Protection

 

Who can make a refugee claim in Canada?

Individuals who fear persecution, torture, or risk to life or safety in their home country may be eligible to make a refugee claim, depending on their circumstances and legal status.

 

What is the Refugee Protection Division (RPD)?

The RPD decides whether a person qualifies as a Convention refugee or a person in need of protection. Hearings focus on credibility, evidence, and country conditions.

 

Can I appeal a refused refugee claim?

Some refused refugee claims may be appealed to the Refugee Appeal Division (RAD). Others may only be reviewed by the Federal Court. Appeal rights depend on the type of claim and decision.

 

What is Federal Court judicial review?

Federal Court review allows certain immigration and refugee decisions to be challenged based on legal or procedural errors. It is not a re-hearing of the case and strict deadlines apply.

 

How important are IRCC or CBSA interviews?

Statements made during interviews can affect credibility, admissibility, and future decisions. Proper preparation is essential.

 

Temporary Status

 

What is the difference between a visitor visa and a visitor record?

A visitor visa allows entry to Canada, while a visitor record extends or changes status from inside Canada. They serve different purposes and have different requirements.

 

Can I work or study while in Canada as a visitor?

Generally, no — unless you have proper authorization. Working or studying without permission can result in inadmissibility or future refusals.

 

What is a Temporary Resident Permit (TRP)?

A TRP may allow entry to Canada despite inadmissibility in limited circumstances. It is discretionary and assessed case by case.

 

What is an LMIA?

A Labour Market Impact Assessment (LMIA) is a document employers must obtain before hiring a foreign worker. It confirms that no Canadian worker is available for the position.

 

Permanent Residence

 

What are Express Entry programs?

Express Entry manages applications under programs such as:

  • Canadian Experience Class

  • Federal Skilled Worker

  • Federal Skilled Trades

 

Each program has different eligibility requirements.

 

Can I apply for permanent residence from inside Canada?

In many cases, yes. Eligibility depends on your status, work experience, and the program you are applying under.

 

What is Humanitarian and Compassionate (H&C) relief?

H&C applications request permanent residence based on hardship and personal circumstances. They are discretionary and require strong supporting evidence.

 

What is a Pre-Removal Risk Assessment (PRRA)?

A PRRA assesses the risk an individual may face if removed from Canada. It is often used as a last-stage protection mechanism.

 

Citizenship

 

When can I apply for Canadian citizenship?

Eligibility depends on physical presence, permanent resident status, tax compliance, language ability, and other statutory requirements.

 

Why are citizenship applications refused?

Common reasons include physical presence miscalculations, incomplete records, language or knowledge issues, and misrepresentation.

 

Can I regain Canadian citizenship if I lost it?

In some cases, yes. Citizenship resumption may be available depending on how and why citizenship was lost.

 

Can citizenship be revoked?

Citizenship may be revoked or vacated if it was obtained through fraud or misrepresentation. These matters are serious and require legal guidance.

 

Inadmissibility & Enforcement

 

What does inadmissible to Canada mean?

Inadmissibility means a person is not allowed to enter or remain in Canada due to reasons such as medical, criminal, financial, misrepresentation, or security grounds.

 

Can criminal charges outside Canada affect my case?

Yes. Canadian immigration authorities assess foreign offences based on Canadian law equivalency, not how they are treated elsewhere.

 

What is a removal order?

A removal order requires an individual to leave Canada. Different types of orders carry different consequences and return restrictions.

 

Can inadmissibility be overcome?

In some situations, yes — depending on the type of inadmissibility, timing, and available remedies.

 

Notary & Other Legal Services

 

Do you provide notary and commissioning services?

Yes. We provide notary and commissioning services for immigration and other legal documentation.

 

What is an opinion letter?

An opinion letter provides a legal assessment of an immigration issue, often used by employers, institutions, or applicants to clarify legal standing.

 

What is a procedural fairness letter?

A procedural fairness letter allows an applicant to respond to concerns before a negative decision is made. Responses must be handled carefully.

 

Getting Started

 

How do I book a consultation?

You can book a consultation by contacting our office directly or using the booking option on our website.

 

What should I bring to my consultation?

Bring all relevant immigration documents, correspondence, refusal letters, and timelines related to your case.

 

Do you guarantee outcomes?

No lawyer can guarantee results. We provide honest assessments, clear advice, and professional representation based on the law and your circumstances.

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+1 (905) 237-9535

info@fouadlegal.com

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Toronto, Ontario, Canada

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