A fine evening indeed!
Shazma Abdulla of Bellissimo Law Group
Over one hundred and fifty guests came together to celebrate the launch of Immigration Criminality and Inadmissibility authored by Mario D. Bellissimo and Louis R. Genova. Guests heard the authors and the Honourable Mr. Justice Iacobucci speak about the importance of immigration. Honourable Mr. Justice Iacobucci noted that all of the guests in the room owe something to the field of immigration law as Canada is, essentially, a country of immigrants and how a country deals with issues like criminality is a measure of its civility. The attendees applauded Mario D. Bellissimo and Louis Genova for their outstanding publication and admired the two for giving back to the legal community by offering their expertise in the field of immigration and criminality.
Tuesday, June 16, 2009
CRIMINAL INADMISSIBILITY AND CRIMINALITY BOOK LAUNCH: GUEST BLOG!
Book Launch Party a Glittering Success!
Liela Esmail of Bellissimo Law Group
The crème de la crème of the Toronto legal community gathered together last Thursday evening at One Up Lounge to celebrate the a newly published legal manual entitled Immigration Criminality and Inadmissibilty. Co-authored by legal counsel Mario D. Bellissimo and Louis R. Genova, who specialize in immigration and criminal law respectively, this groundbreaking publication fuses current legal trends and cases surrounding immigration and criminal law.
Present at the event included well-known judges, high profile media figures, as well as lawyers, and consultants in the fields of immigration and criminal law. A soothing medley of music played by a live band set the background for this glittering crowd as they enjoyed sumptuous appetizers and scintillating conversation.
The outpouring of admiration, respect, appreciation and love extended towards the authors by every attendee was truly amazing to behold. Copies of the newly published legal text were displayed and purchased. Guests continually exclaimed on the utility of such a manual and how it would assist in bridging the gaps between criminal law and immigration law, two areas which regularly intersect.
Liela Esmail of Bellissimo Law Group
The crème de la crème of the Toronto legal community gathered together last Thursday evening at One Up Lounge to celebrate the a newly published legal manual entitled Immigration Criminality and Inadmissibilty. Co-authored by legal counsel Mario D. Bellissimo and Louis R. Genova, who specialize in immigration and criminal law respectively, this groundbreaking publication fuses current legal trends and cases surrounding immigration and criminal law.
Present at the event included well-known judges, high profile media figures, as well as lawyers, and consultants in the fields of immigration and criminal law. A soothing medley of music played by a live band set the background for this glittering crowd as they enjoyed sumptuous appetizers and scintillating conversation.
The outpouring of admiration, respect, appreciation and love extended towards the authors by every attendee was truly amazing to behold. Copies of the newly published legal text were displayed and purchased. Guests continually exclaimed on the utility of such a manual and how it would assist in bridging the gaps between criminal law and immigration law, two areas which regularly intersect.
IMMIGRATION CRIMINALITY AND INADMISIBILTY: BOOK LAUNCH
We enjoyed the book launch reception of our new book Immigration Criminality and Inadmissibilty in Toronto on June 11th. My co-author Louie R. Genova and I were humbled by the show of support. We are eternally grateful to the Honourable Mr. Justice Iacobucci who wrote the forward for the book and has been a brilliant inspiration for many.
After 7 months of writing we offered up a 500 page text in a complex area of law that we hope will become a valuable resource for immigration practitioners.
Finally, a special thank you to all the judges, members of the Department of Justice, Canada Border Services Agency, Immigration Appeal Division, Federal Court, Law Society of Upper Canada, colleagues, our publisher Carswell and of course my staff!
After 7 months of writing we offered up a 500 page text in a complex area of law that we hope will become a valuable resource for immigration practitioners.
Finally, a special thank you to all the judges, members of the Department of Justice, Canada Border Services Agency, Immigration Appeal Division, Federal Court, Law Society of Upper Canada, colleagues, our publisher Carswell and of course my staff!
Tuesday, June 9, 2009
Work Permit for a Conjugal Partner
Q. I am a foreign student and have a Study Permit valid until 2011. I have a conjugal partner back home and I would like to bring her here with me. We have been together since March 2008, but for the past two months we did not reside together as I came to Canada to study. Can she get a Work Permit? I am confused as I read on the CIC website that only spouses or common-law partners are granted an open work permit. What is your advice on this?
A. You are correct as this provision does not provide specifics for conjugal partners. To be considered common-law, you must have resided continuously for at least twelve months. But, one can always make good arguments to the visa officer and obtain an open work permit for the partner. For example, in some instances of “de facto” common-law partnerships, the separation may be due to a family emergency (going home to attend to a sick parent or a funeral for example). So there is some discretion. With strong supporting documentation of past co-habitation and a current separation because of outside factors could lead to an approval of an open work permit for your conjugal partner. These applications are tricky and so consult an immigration lawyer with experience in these types of applications to avoid both an unnecessary application if there is no merit or an unnecessary refusal if there is merit. Good luck!
A. You are correct as this provision does not provide specifics for conjugal partners. To be considered common-law, you must have resided continuously for at least twelve months. But, one can always make good arguments to the visa officer and obtain an open work permit for the partner. For example, in some instances of “de facto” common-law partnerships, the separation may be due to a family emergency (going home to attend to a sick parent or a funeral for example). So there is some discretion. With strong supporting documentation of past co-habitation and a current separation because of outside factors could lead to an approval of an open work permit for your conjugal partner. These applications are tricky and so consult an immigration lawyer with experience in these types of applications to avoid both an unnecessary application if there is no merit or an unnecessary refusal if there is merit. Good luck!
Permanent Resident Application Refused
Permanent Resident Application Refused
Q. This is regarding my brother-in-law’s application for permanent residency. He applied by himself and he was refused recently. He married my sister last month and we decided to apply again, but would need some guidance as we do not want him to be refused again. Both my sister and her husband have post-graduate degrees with considerable experience in their area of finance & business administration. I was wondering why he was refused?
R.: It is very difficult to say definitively without reviewing the refusal letter. There may be a number of reasons for the refusal: lack of proper documentation, the degree granting schools are not recognized by the local government as an institution that can issue diplomas/ degrees, insufficient work experience, lack of language ability, etc. One other question that I would have is whether your brother-in-law has advised Immigration Canada about his change of status, after marrying your sister. You might want to consult a specialist regarding the possibility of challenging the refusal at the Federal Court of Canada if warranted. As for a new application, applicants must be very careful as the recent changes allow for only 38 eligible occupations for immigration to Canada without a job offer. So consult before applying to avoid another refusal. Also, a lawyer will review other immigration programs that might apply to your brother in law’s case. Good luck!
Q. This is regarding my brother-in-law’s application for permanent residency. He applied by himself and he was refused recently. He married my sister last month and we decided to apply again, but would need some guidance as we do not want him to be refused again. Both my sister and her husband have post-graduate degrees with considerable experience in their area of finance & business administration. I was wondering why he was refused?
R.: It is very difficult to say definitively without reviewing the refusal letter. There may be a number of reasons for the refusal: lack of proper documentation, the degree granting schools are not recognized by the local government as an institution that can issue diplomas/ degrees, insufficient work experience, lack of language ability, etc. One other question that I would have is whether your brother-in-law has advised Immigration Canada about his change of status, after marrying your sister. You might want to consult a specialist regarding the possibility of challenging the refusal at the Federal Court of Canada if warranted. As for a new application, applicants must be very careful as the recent changes allow for only 38 eligible occupations for immigration to Canada without a job offer. So consult before applying to avoid another refusal. Also, a lawyer will review other immigration programs that might apply to your brother in law’s case. Good luck!
Wednesday, May 13, 2009
Permanent Resident Application Refused - What Now?
Q. This is regarding my brother-in-law’s immigration application for permanent residency. He applied by himself and he was refused recently. He married my sister last month and we decided to apply again, but would need some guidance as we do not want him to be refused again. Both my sister and her husband have post-graduate degrees with considerable experience in the area of finance & business administration. I was wondering why he was refused?
R.: It is very difficult to say definitively without reviewing the refusal letter. There may be a number of reasons for the refusal: lack of proper documentation, the degree granting schools are not recognized by the local government as an institution that can issue diplomas/ degrees, insufficient work experience, lack of language ability, etc. One other question that I would have is whether your brother-in-law has advised Immigration Canada about his change of status, after marrying your sister. You need to consult a specialist lawyer regarding the possibility of challenging the refusal at the Federal Court of Canada if warranted. As for a new application, applicants must be very careful as the recent changes allow for only 38 eligible occupations for immigration to Canada without a job offer. So consult before applying to avoid another refusal. Also, a lawyer will review other immigration programs that might apply to your brother in law’s case. Good luck!
R.: It is very difficult to say definitively without reviewing the refusal letter. There may be a number of reasons for the refusal: lack of proper documentation, the degree granting schools are not recognized by the local government as an institution that can issue diplomas/ degrees, insufficient work experience, lack of language ability, etc. One other question that I would have is whether your brother-in-law has advised Immigration Canada about his change of status, after marrying your sister. You need to consult a specialist lawyer regarding the possibility of challenging the refusal at the Federal Court of Canada if warranted. As for a new application, applicants must be very careful as the recent changes allow for only 38 eligible occupations for immigration to Canada without a job offer. So consult before applying to avoid another refusal. Also, a lawyer will review other immigration programs that might apply to your brother in law’s case. Good luck!
Wednesday, April 29, 2009
Can He Sponsor His Undeclared Son?
Q. My ex-husband had an affair with a woman while we were still married and from that relationship the woman became pregnant and had a son. Sometimes later we moved to Canada from Trinidad and apparently he was not aware of this child because the mother had a husband as well. When he applied for permanent residence that child was not put on his application. At this time the boy will like to come to Canada because his mom died about five years ago. How can his father sponsor him before he becomes 22?
A. First, confirming paternity is always step one. Thus, a DNA test should be undertaken. Second, if the child is your former husband’s biological son is he the child’s lawful father? In short, did the husband of the child’s biological mother become the child’s adoptive father? If so, your former husband will not be recognized as the child’s father in law and therefore the child is not a member of the family class. The other key is the age of the child. Is he over the age of 18? The Immigration Act only recognizes children adopted before the age of 18 as members of the family class. If the child is under 18 your former husband may need to go through an adoption process if necessary and possible based upon his relationship to the other (perhaps adoptive) father. The other concern is that your ex-husband must go through a family sponsorship procedure but may be barred in sponsoring because the child was not previously declared. Normally, undeclared family members cannot be later sponsored. This is a very complex case that requires both an immigration lawyer as well as a family lawyer. Good luck!
A. First, confirming paternity is always step one. Thus, a DNA test should be undertaken. Second, if the child is your former husband’s biological son is he the child’s lawful father? In short, did the husband of the child’s biological mother become the child’s adoptive father? If so, your former husband will not be recognized as the child’s father in law and therefore the child is not a member of the family class. The other key is the age of the child. Is he over the age of 18? The Immigration Act only recognizes children adopted before the age of 18 as members of the family class. If the child is under 18 your former husband may need to go through an adoption process if necessary and possible based upon his relationship to the other (perhaps adoptive) father. The other concern is that your ex-husband must go through a family sponsorship procedure but may be barred in sponsoring because the child was not previously declared. Normally, undeclared family members cannot be later sponsored. This is a very complex case that requires both an immigration lawyer as well as a family lawyer. Good luck!
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