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Immigration Law · Burlington

Immigration Lawyer Serving Burlington

IRCC applications from Burlington file electronically — what you are choosing is the quality of preparation and the honesty of the assessment. Our office acts as authorized representative on sponsorships, permits, Express Entry, permanent residence and citizenship files, and takes over problem files after refusals. Burlington and Halton matters run through the Milton courthouse; lakeshore and escarpment properties dominate its real estate files.

Free 15-minute intake call — $199 per half-hour for substantive advice

Ontario and Canadian law

What the law actually says — general information for Burlington

Immigration is federal. Applications are decided by Immigration, Refugees and Citizenship Canada, appeals and admissibility matters by the Immigration and Refugee Board, and judicial review by the Federal Court of Canada.

The sections below explain how this area of law works in Ontario and Canada. They describe the general position only and cannot account for your own facts — this is not legal advice.

Sponsoring a spouse or partner

A Canadian citizen or permanent resident who is at least 18 can sponsor a spouse, common-law partner or conjugal partner. There is no minimum income requirement for sponsoring a spouse, partner or dependent child — that requirement applies to parent and grandparent sponsorships, not spousal ones. What the sponsor signs instead is an undertaking to provide for the sponsored person's basic needs, and for a spouse or partner that undertaking runs three years from the day permanent residence is granted.

There are two paths. An inland application is made where the couple lives together in Canada and allows the applicant to apply for an open work permit while waiting, but travel outside Canada carries real risk. An outland application is processed through a visa office abroad, is often faster, and preserves a right of appeal to the Immigration Appeal Division if it is refused. Choosing between them is a strategic decision, not a form-filling one.

The relationship itself is what gets assessed. Officers look for evidence of a genuine relationship not entered into primarily to acquire status — shared finances, joint tenancy or ownership, communication records, photographs across time, travel, and the knowledge each partner has of the other's life and family. Thin or inconsistent evidence is the leading cause of refusal.

  • No minimum income requirement for spousal, partner or dependent child sponsorships
  • The undertaking for a spouse or partner lasts three years from permanent residence
  • Inland applications can support an open work permit; outland applications preserve an appeal right
  • A common-law partnership requires twelve continuous months of cohabitation
  • Separation does not end the sponsor's undertaking

Express Entry, and what the score really means

Express Entry manages three federal economic programs — the Federal Skilled Worker Program, the Canadian Experience Class and the Federal Skilled Trades Program. Eligible candidates enter a pool and receive a Comprehensive Ranking System score built from age, education, official language ability, Canadian and foreign work experience, and factors that combine those elements. Invitations to apply are issued to candidates above a cut-off that moves with each round, and category-based rounds now target specific work experience and French language ability.

The score is not fixed. Language retesting, completing a credential, adding an educational credential assessment, gaining another year of skilled experience, or a provincial nomination through the Ontario Immigrant Nominee Program can each move a candidate materially. A provincial nomination in particular adds a very large number of points.

Honest assessment matters more than optimism here. Where a profile is not competitive, saying so plainly — and identifying which two or three changes would actually move it — is more useful than filing and hoping.

  • Language test results are usually the fastest lever on a Comprehensive Ranking System score
  • An educational credential assessment is required for foreign education
  • A provincial nomination adds a substantial number of points
  • Category-based rounds target specific occupations and French ability

Keeping permanent residence, and becoming a citizen

Permanent residence carries a residency obligation: 730 days of physical presence in Canada in every five-year period. Time accompanying a Canadian citizen spouse abroad, or working abroad full-time for a Canadian business, can count in defined circumstances. Falling short can lead to a removal order, though humanitarian and compassionate considerations can be advanced on appeal.

Citizenship requires 1,095 days of physical presence in Canada during the five years before applying, with some time as a temporary resident counting at half value up to a limit. Applicants between 18 and 54 must also demonstrate language ability in English or French and pass the knowledge test. Careful day-counting matters, because an application filed a few days short is refused rather than held.

  • Permanent residents need 730 days of presence in every five-year period
  • Citizenship requires 1,095 days of presence in the preceding five years
  • Some pre-permanent-residence time counts at half value toward citizenship
  • Keep a travel history — reconstructing years of entries and exits later is painful

Refusals, fairness letters and misrepresentation

A procedural fairness letter is an opportunity, and a short one. It means an officer has a concern serious enough to put to you before deciding, and the response deadline is measured in days or weeks. A complete, evidence-backed response is often the difference between an approval and a refusal that carries lasting consequences.

Misrepresentation under section 40 of the Immigration and Refugee Protection Act is the most serious of those consequences: a finding generally brings a five-year bar on entering Canada, and it can follow from an omission or an inaccurate answer as readily as from a deliberate falsehood. This is why nothing on an application should ever be guessed at.

Where a decision is wrong in law or procedurally unfair, judicial review lies to the Federal Court of Canada. The deadline is short — 15 days for a decision made in Canada and 60 days for one made outside it — so a refusal letter should be brought in immediately rather than after other options have been exhausted.

The Canadian legislation that governs this

Ontario and federal law only. Nothing on this page describes the law of any other country.

Immigration and Refugee Protection ActSC 2001, c 27
The governing federal statute for permanent residence, temporary status, admissibility, removal and appeals.
Immigration and Refugee Protection RegulationsSOR/2002-227
The detailed rules — economic class requirements, family class eligibility, undertakings, work and study permit conditions.
Citizenship ActRSC 1985, c C-29
Sets the requirements for Canadian citizenship, including physical presence, language and knowledge requirements.
Ontario Immigration Act, 2015SO 2015, c 8
The provincial framework for the Ontario Immigrant Nominee Program.
Federal Courts ActRSC 1985, c F-7
Provides for judicial review of immigration decisions in the Federal Court of Canada.

Statutes, regulations, rates and court practices are amended from time to time. We confirm the current position on your file rather than relying on a web page.

Immigration Lawyer questions — Burlington

17 questions we are asked most often, answered under Ontario and Canadian law. General information only — not legal advice.

Does my city affect my IRCC application?+

No — federal processing does not depend on where in Canada you live. Choose representation on preparation quality, not geography.

What if I already filed and something went wrong?+

We can be added as representative mid-process, answer requests and fairness letters, or rebuild the application after refusal. Deadlines are short — bring the letter immediately.

How are fees structured?+

First 15 minutes free, then $199 per half-hour for advice; applications are quoted flat after assessment, with government fees listed separately.

Does living in Burlington affect my immigration application?+

No. Immigration is federal and Immigration, Refugees and Citizenship Canada processes applications electronically, so where in Canada you live does not change eligibility or processing. Your address matters for provincial programs such as the Ontario Immigrant Nominee Program and for where you intend to settle, but not for how a federal application is assessed.

Do I need a minimum income to sponsor my spouse?+

No. There is no minimum necessary income requirement for sponsoring a spouse, common-law partner or dependent child. That requirement applies to parent and grandparent sponsorships. A spousal sponsor does sign an undertaking to provide for the sponsored person's basic needs for three years from the grant of permanent residence, and must not be in default of a previous undertaking or certain debts.

Should I apply inland or outland for spousal sponsorship?+

Inland applies where you live together in Canada and can support an open work permit while waiting, but leaving Canada during processing carries risk. Outland is processed through a visa office abroad, is often faster, and preserves a right of appeal to the Immigration Appeal Division if refused. The right choice depends on the applicant's current status, travel needs and the strength of the file — it is a strategic decision worth making deliberately.

What counts as proof of a genuine relationship?+

Evidence that accumulates over time rather than documents assembled in one week: joint accounts and shared bills, a lease or title in both names, insurance and beneficiary designations, message and call history, photographs spanning the relationship including with each other's families, travel records, and consistent detailed knowledge of each other's lives. Officers look for depth and consistency, and inconsistency does more damage than a thin file.

How long must we live together to be common-law?+

Twelve continuous months of cohabitation in a conjugal relationship. Short separations for work or family reasons do not necessarily break continuity, but the twelve months must be genuine cohabitation rather than a dating relationship. Where you cannot meet that test because of circumstances beyond your control, the conjugal partner category may be available, though it is assessed strictly.

How many days do I need in Canada to keep permanent residence?+

730 days of physical presence in every five-year period. Days accompanying a Canadian citizen spouse or parent abroad, or working full-time abroad for a Canadian business, can count in defined circumstances. If you are close to the line or already short, get advice before travelling or before applying to renew a permanent resident card.

How long until I can apply for citizenship?+

You need 1,095 days of physical presence in Canada in the five years before you apply. Time in Canada as a temporary resident or protected person before becoming a permanent resident can count at half value, up to a maximum. Applicants aged 18 to 54 must also meet the language requirement and pass the knowledge test. Count the days carefully — filing short results in refusal.

I received a procedural fairness letter. What now?+

Treat it as urgent. It means an officer has a concern serious enough to put to you before deciding, and the deadline is short. The response should address the specific concern directly, with documents rather than assurances. Bring the letter in immediately, because a strong response is far easier than repairing a refusal that carries a misrepresentation finding.

What happens if I made a mistake on a previous application?+

It depends whether it has been decided and how material it was. Misrepresentation under section 40 of the Immigration and Refugee Protection Act generally carries a five-year bar, and it can arise from an omission as easily as from a false statement. Correcting an error proactively is almost always better than waiting to see whether it is noticed. Bring the full history, including anything you are worried about.

Can I appeal a refusal?+

It depends on the decision. Some family class refusals can be appealed to the Immigration Appeal Division of the Immigration and Refugee Board. Others have no appeal, and the route is judicial review in the Federal Court of Canada — with a 15-day deadline for decisions made in Canada and 60 days for those made outside it. Sometimes reapplying with a rebuilt file is the better path. We tell you which of the three fits your situation.

Can I work while waiting for permanent residence?+

Sometimes. Inland spousal sponsorship applicants can generally apply for an open work permit while their application is processed. A bridging open work permit is available to certain economic class applicants who already hold valid status. Maintained status may allow you to continue working under the conditions of an expiring permit if you applied to extend before it expired. The details matter, and working without authorization creates serious problems.

Can you take over an application someone else started?+

Yes. We can be appointed as authorized representative partway through, review what was filed, respond to requests for further information, and correct course where possible. Bring everything that was submitted, including the forms and any correspondence. Where a consultant or another representative filed something inaccurate, that needs to be identified early rather than discovered by an officer.

What is the difference between a lawyer and a consultant?+

Both can be authorized representatives before Immigration, Refugees and Citizenship Canada. A lawyer licensed by the Law Society of Ontario can also appear before the Immigration and Refugee Board and bring judicial review in the Federal Court of Canada, is bound by professional conduct rules, and carries professional liability insurance. Where a file may end up in litigation or involves admissibility, that difference becomes practical rather than academic.

How are immigration fees structured at your office?+

The first 15 minutes are free, then $199 per half-hour for advice and assessment. Applications are quoted as a flat legal fee once we have assessed the file, with government processing fees, biometrics and third-party costs listed separately. You will know the full picture before you decide to proceed.

Talk to a lawyer about your situation

Your first 15 minutes are a free intake call. Substantive advice is billed at $199 per half-hour (CAD), and we confirm the rate with you before billed time begins. Meet us by Google Meet video call or in person at 25 Watline Avenue, Unit GR21, Mississauga. Monday to Friday, 9:30 AM – 7:00 PM.