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Faq

The visa advisory consultants  has extensive experience in immigration matters and provides tailored solutions to each client. We will expend every effort on behalf of our clients to deliver the best possible service. We handle refugee, immigration and citizenship legal matters for individuals in Canada and abroad. On the litigation side, whether you seek to appeal your removal from the country or a denial of citizenship, our law firm is able to assist you and represent you with the highest level of professionalism. We have experience handling very diverse and complex immigration cases and appeals.

PR renewal
A PR card is important as it is proof that you are a permanent resident of Canada. Having an expired card is very risky especially if you are travelling abroad. If you need assistance replacing an expired, lost or stolen permanent resident card, our law firm can help.

Immigration appeals
The visa advisory consultants has handled immigration, citizenship and refugee appeals for many years. Our office is able to develop customized strategies that increase your chances of succeeding in an appeal. We will determine the grounds of appeal to establish if your rights were infringed and argue the decision in compliance with Canada’s immigration laws. We handle appeals to the Federal Court of Canada and before the Immigration Appeal Division of the Immigration and Refugee Board, including citizenship appeals, sponsorship appeals and residency appeals among other appeal cases.

Family immigration
We are also experts in family sponsorship immigration matters. If you need help bringing a family member to live in Canada, The Law Office of Matthew Jeffrey is just a call away. We will help you prepare the required documents and provide them to the Canadian immigration authorities for processing. We’ve helped spouses, children and parents of Canadian citizens and permanent residents obtain permanent residency to live and work in Canada.

Skilled Workers
Our office has years of experience skilled immigrants to apply for permanent residence in Canada.  We can assist with Express Entry profiles, Skilled Worker applications, Canadian Experience Class application, and applications under the Provincial Nominee programs.

Temporary Residence
We also provide assistance with the full range of temporary resident visa applications, including visitor visa applications, study permits, and work permits.

The visa advisory consultants provides the full range of immigration services including humanitarian cases, applications for work permits, student visas, citizenship applications and appeals. We are able to represent our clients in all types of immigration matters.
Formed in 1797, The Law Society of Upper Canada works to ensure that legal professionals in Ontario are competent, behave ethically and meet the required standards of education. It has a mandate to regulate lawyers, paralegals and all providers of legal services in Ontario. The body governs the legal profession and has influence beyond Ontario. Its duty is to protect public interests while making sure the people of Ontario are able to access legal services in a fast and efficient manner.

The Law Society ensures that lawyers and paralegals are:
Licensed and insured
Well qualified to handle legal processes and procedures
Meet the standards of professionalism, education and competence.
The Law Society of Upper Canada has more than 49,000 lawyers and over 7,900 paralegals. The society has grown and evolved over the years and its influence has been felt in the country not just in legal matters. Many of its members have become well-known figures in other fields such as politics, business and the arts.

Governance
The society is governed by a board of directors commonly referred to as benchers. Benchers consist of lawyers, paralegals and lay persons who are not in the legal profession. They meet occasionally to discuss policy matters and make amendments that affect lawyers and paralegals.

Becoming a licensed lawyer
A lawyer is called to the Bar of Ontario when he/she becomes licensed by The Law Society of Upper Canada. The board licenses lawyers to ensure that they possess the required minimum competencies to provide legal services effectively to the public. For one to apply for licensing by the board, he/she must be a graduate of a law school. Applicants must demonstrate a combination of skills and knowledge in the legal profession. Once the licensing process is completed the individual is called to the Bar of Ontario.
A permanent resident is someone who has been granted the permanent resident status but is not a Canadian citizen. Permanent residents, even though they are citizens of other countries, are allowed to work or study anywhere in Canada, enjoy social benefits like health insurance, are protected by the Canadian law and can apply for Canadian citizenship. However, permanent residents are not allowed to vote, run for political office or hold certain jobs.

Applying for permanent residency
If you are applying for permanent residency, you need to include all your dependent children and your spouse or partner in your application even if they are not accompanying you to Canada. These family members will have to undergo medical exams and background checks. They have to pass these tests in order for the applicant to be given permanent resident status.

Family sponsorships
Upon being declared a permanent resident, you can sponsor your spouse, parents, children and others for permanent residence. Spouses can be sponsored for permanent residence through marriage, common law or conjugal relations.

As a sponsor, you are required to be responsible for the financial needs of your sponsored spouse, partner or child for three years from the time they are accepted as permanent residents. If you are unable to provide financial support, and they receive social assistance, you will be required to reimburse the government of Canada.

A permanent resident or citizen of Canada can also sponsor their parents or grandparents for permanent residence in Canada.  In order to do they must have been working in Canada for at least three years and have earned sufficient income to support themselves, their existing family, and the family members they wish to sponsor.  Brothers and sisters can be included in a parental sponsorship application as long as they are minors.
Canadian citizenship is obtained by birth for anyone who is born in Canada. It can also be obtained by descent by those whose parents are Canadian citizens.

Foreign nationals who wish to obtain Canadian citizenship must first apply for and obtain permanent resident status in Canada. Permanent residence can be obtained through various types of applications such as family sponsorships and skilled worker applications.

Once a foreign national has obtained permanent residence, they must satisfy a residency requirement of living physically in Canada for a certain number of years, after which they can apply for citizenship. As part of the citizenship application process the permanent resident will be tested to ensure that they have an adequate understanding of either the English or French language, and they must also pass a knowledge of Canada test. If all of these requirements are met, then Canadian citizenship will be granted.
Permanent residence is a kind of immigration status in Canada. As the name implies, it allows a foreign national to live in Canada permanently, to work, study, and access social services. Having permanent residence gives a foreign national most of the rights and privileges of a Canadian citizen, however a permanent resident does not automatically become a Canadian citizen, but rather retains his or her original citizenship.

Permanent residents also have certain legal obligations that do not apply to Canadian citizens. One of these is to physically reside in Canada for at least two years out of any five year period. This residency obligation is intended to encourage new permanent residents of Canada to settle in the country and to become employed or otherwise contribute to Canadian society.

There are also ways that permanent resident status can be lost that do not apply to Canadian citizens. For example, permanent residents convicted of serious crimes can lose their status as a result. Also, as described above, there is a residency requirement for permanent residents, and those who do not comply with this requirement might also lose their status.

One of the benefits of being a permanent resident is that it allows for eventual transition into Canadian citizenship. For a permanent resident to obtain citizenship they must physically reside in Canada for a certain number of years, then must pass a test showing they understand either the English or French languages, and have an adequate understanding of Canada and its history and culture. Once they become citizens, former permanent residents can obtain a Canadian passport and no longer need to comply with the residency requirement.

The Law Society of Upper Canada is the legal regulatory body for Ontario, Canada.  It recognizes those who have met certain standards of knowledge and experience by providing certification in a specialty area of law. Lawyers who specialize in immigration and refugee protection can become certified specialists. For a member to be a certified specialist in citizenship and immigration law, he/she must have met certain criteria such as maintaining an exemplary performance and level of professionalism when practicing.


Qualification for certification

Lawyers can apply for certification when they have:


Practiced for not less than 7 years before the date of the application

Had significant experience or involvement in the specialty area (in this case immigration and citizenship law) for at least 5 of the 7 years. This includes experience and extensive skill in the law, practices and procedures in that specialty area.

Met all the professional standards requirements

The board can revoke the specialist status in the event that the certified specialist fails to meet the minimum standards of their area of specialty. This helps to ensure lawyers maintain a high standard of skill and professionalism when practicing.


Many lawyers do not have the experience or skill to become certified by the Law Society. Others may have past ethics complaints that prevent them from being certified. Certification as a Specialist gives the client a solid idea of the lawyer’s level of competence and legal standing. Lawyers who have attained designations as certified specialists have demonstrated that they meet or exceed the minimum requirements.


Certified specialists are also acknowledged as leaders in their field. They come with the right combination of experience, skill and education to distinguish themselves from other experts in the same field. Because certified specialists have extensive experience in their area of law, they are regarded as the best in the industry.


Those seeking the assistance of immigration professional to help them in their case should opt for a certified specialist. Not only do they come with extensive skill in a particular area of law, but clients are also guaranteed of professionalism which increases their chances of success in the case.


You can check whether an immigration lawyer is certified by visiting the Law Society of Upper Canada website. Take time to confirm this so as to be sure that you are dealing with the experts.

It can be hard to determine how long you can stay in Canada

because most embassies and high commissions fail to provide a clear written explanation of the duration of your stay. When you receive a Canadian visa, you’ll notice a date of issue and date of expiry. This expiry date authorizes the visa holder to seek admission to Canada before the indicated date.


You can receive any of the two types of visas; a single entry visa and a multiple entry visa. With a multiple entry visa, you can request permission to visit Canada multiple times before the expiry date. A single entry visa entitles you to a single visit prior to the expiration date. Note that the expiry date on your visa does not determine how long you get to stay in Canada.


For example, if you hold a multiple entry visa of 3 years in validity, this doesn’t mean that you can stay in Canada continuously for that duration. You should also not assume that the expiry date shown on your passport indicates the duration of your visit.


The officer at the port of entry is the only one who determines the duration of your stay by stamping the passport. This stamp authorizes you to a 6-month stay from the date you entered Canada. However, there are cases where the border services officer at the port of entry will authorize a stay of less than 6 months. This will be indicated in your passport. A specific earlier date will be indicated on your passport just below the stamp.


Staying in Canada beyond the required time and without applying for an extension can not only make it difficult for you to get a visa or visit Canada in future but might also lead to an arrest without warrant or a 1-year exclusion order. However, if you overstay for less than 90 days you may apply to restore your status.


You can apply for an extension at least 30 days before the expiry date.  This application for an extension can be made in Canada. If you have applied to extend your stay while in Canada and the visa expires while you are waiting for a decision, you are said to have an implied status.


When visiting Canada, you cannot work or study without a permit.

Applying for immigration to Canada can be lengthy process, but it really depends on what type of application you are making, and where that application is going to be processed.


For those who wish to apply for permanent residence, for example through the family sponsorship or skilled worker categories, processing times of at least one year from the time the application is filed should be expected. This is especially so if the application will be processed at a visa office at a Canadian embassy or consulate outside of Canada. Visa offices often become backlogged resulting in lengthy processing times for more complex applications.


In contrast, those applying for temporary visas such as visitor visas, study permits, or work permits can expect relatively short processing times of a few weeks to three or four months for a routine application.


In-Canada applications for permanent resident card renewals can usually be completed in three to six months, but complex cases such as applications to renew the card on humanitarian grounds can become delayed for months and take more than a year to process.

Similarly, citizenship applications may proceed fairly quickly if they are routine but complicated cases may become delayed for extended periods.


Appeal matters depend on the type of appeal and the court that is being appealed to. Appeals to the Federal Court can usually be completed in about six months to one year, while appeals to the Immigration Appeal Division may be done quickly within a few months but can sometimes take more than two years to complete.


Before you begin an immigration application you can check the expected processing time either by asking your representative, or by checking the website of the relevant immigration office. It should be noted however that processing times fluctuate depending on various factors including the workload of the particular immigration office and their current processing priorities, the complexity and completeness of the application submitted, and the timeliness of responses to requests for more information. As a result of these factors, it is rarely possible to predict exactly how long an application will take to process.

Temporary residence is, as the name implies, a type of immigration status that allows a foreign national to remain in Canada for a defined temporary period of time.


There are three main types of temporary residents: (1) visitors, (2) students, (3) workers. To obtain temporary status in one of these categories it is usually necessary for foreign nationals to make an application for the appropriate visa to the Canadian visa office serving the country where they reside. Canadian visa offices are usually housed in Canadian embassies and consulates in countries outside Canada.


Visitor Visas

Those foreign nationals who wish to enter Canada in order to visit temporarily may apply for a Temporary Residence Visa (TRV). This will allow them to remain in Canada for up to six months, but they cannot work under this status and the right to study is curtailed to programs of 6 months or less.


Student Visas

Foreign nationals who wish to study in Canada for extended periods may apply for a study permit. If granted, the study permit will be valid for the duration of the period of study, generally up to four years. Full time students have the right to work part time during their studies.


Work Permits

Those foreign nationals who wish to work full time in Canada will need to obtain a work permit. The duration of a work permit will be tied to the length of the contract offered by the Canadian employer, usually one or two years.


Temporary residence visas may be extended or in some cases changed to another type of visa from within Canada.