I got caught working without a permit and I’m in jail… Now what?!

Canada Border Services Agency (CBSA) is always on the lookout for people who are working without proper authorization. (See: http://www.cbc.ca/news/canada/nova-scotia/story/2011/12/23/ns-illegal-worker-crackdown-release.html)  If CBSA finds someone who is working illegally, there is a very good chance that the person will be put in jail until they are deported from Canada.  

People who are detained by CBSA have the right to be brought in front of an immigration judge and that judge will decide if the person should continue to be detained or not. This procedure is called a detention review. By law, any individual has a right to a detention review within 48 hours of their detention. If the judge does not order release, there is another detention review scheduled within 7 days and then another review is scheduled every 30 days thereafter.

There are a number of factors that the judge will consider when determining whether or not to order release. Generally speaking, immigration judges do not want to detain someone indefinitely. The judge will consider how long the detention is likely to last, whether the detained individual is likely to try to evade immigration authorities in the future, whether the individual is a danger to the public and whether the individual has adequate identification documents.

For most people, the biggest issue is convincing the judge that they will cooperate with immigration authorities in the future. If someone has been caught working illegally, and thereby demonstrated a lack of regard for Canadian immigration laws, it may be difficult for the judge to accept that the individual will cooperate in the future on their word alone.

Sometimes it can be very helpful for the detained person to bring a bondsperson or surety to help convince the judge that they will comply with all future instructions from immigration authorities. The bondsperson is someone who acts as a guarantor for the detained person. In effect, the bondsperson leaves a sum of money with the judge and the judge will only return that money if the detained person fully complies with instructions from CBSA. If the detained person is released and fully cooperates with CBSA, the money will be returned to the bondsperson.  

What should you do if you find yourself in this situation? The first step is to contact an immigration lawyer as soon as possible. A lawyer can help you navigate through these complex procedures and explain step by step what your best options are. Also, we often assist our clients with finding suitable bondspersons and making sure they have the correct documentation to get the detained person released as quickly as possible.

The government is trying to take away my Citizenship!

The Minister of Immigration just announced that they will be cracking down on people who fraudulently obtain permanent residence or citizenship in Canada. See article from Globe & Mail here

 Many Canadian citizens who were not born in this country don’t realize that their citizenship can actually be revoked if the government thinks that it was obtained through “misrepresentation.”  This has far wider implications than most people appreciate because the government actually applies an extraordinarily broad interpretation to the word “misrepresentation.”

According to the Immigration Act, a “misrepresentation” can occur not only by directly providing the government with incorrect or misleading information but also by indirectly withholding any material information. Also, it makes no difference if the misrepresentation was intentional or not. That means that even if you honestly forget to put some piece of information on your immigration application form, it can be considered a misrepresentation and have potentially very serious consequences.

People should be particularly careful around immigration consultants and lawyers who make promises that sound too good to be true. Unscrupulous counsel will often provide misleading information on their clients’ forms in an attempt to quickly get someone status in Canada. As a victim, you might find out 10 years after you received citizenship that you are now being deported from Canada because your counsel made misrepresentations on your behalf even that counsel thought they were just helping you at the time.

If you think you might be at risk of losing your PR or Citizenship status, give us a call so you can learn how to protect yourself and your loved ones.

Is Canada a good country for immigrants?

When people ask me about what their lives will be like after immigrating to Canada, they often wonder how Canada treats its new immigrants. I always tell them that Canada is a country built on the backs of immigrants from all over the world! There are a wealth of government and community programs available to new immigrants to help them get settled and acclimated to their new lives in Canada. I always tell them that Canadians are usually very friendly towards immigrants and are eager to learn about new faces and new cultures in their community.

A recent survey has shown that Canadians are even more tolerant to immigration than they used to be. See: http://www.ctv.ca/CTVNews/Canada/20111206/canada-immigration-attitudes-study-111206/#.Tt5mery6XTY.email 

Canadians are known to celebrate the many diverse cultures that converge in this one country and, in my humble opinion, that is what makes this one of the best countries in the world, especially for new immigrants!

What are my residency requirements as a Canadian Permanent Resident?

Are you aware that as a Canadian Permanent Resident (PR) you must comply with the residency requirements established in the Immigration and Refugee Protection Act? If you fail to meet these residency requirements, you could lose your Permanent Residence status and you could even be denied re-entry into Canada.

The Canadian government has recently announced that the new border deal reached with the United States will allow them to keep a closer eye on immigrants who fail to meet the residency requirements so it's more important than ever for Canadian Permanent Residents to make sure that they will be able to meet the residency requirements. See: http://www2.macleans.ca/2011/12/05/canada-u-s-border-deal-to-cost-1-billion/ 

The basic rule for the residency requirement is that you have to be physically present in Canada for 730 days out of the last 1,825 days (5 years). However, the rules are fairly complicated and provide for many exceptions, especially in the case of an individual who has been a Permanent Resident for less than 5 years.

Any Permanent Residents who are considering leaving Canada for an extended period of time should consider these rules when making their long-term plans and should think carefully about retaining the services of a lawyer when it comes time for renewing your PR card, applying for citizenship or planning an extended absence from Canada.

Majority of refugee judges fail qualifying tests for new posts

http://www.thestar.com/news/canada/article/1091586--majority-of-refugee-judges-fail-qualifying-tests-for-new-posts


The Canadian government is revamping the refugee determination system in the coming year. They need to hire new judges for the new system and it was anticipated that many of the current judges would apply for and be appointed to these new positions.

Applicants to the new positions were given tests that measure their competency to decide refugee cases. Surprisingly, many of the current judges who applied for the new position did not pass the test.

Was your refugee claim recently refused at the Immigration and Refugee Board? Does this new information mean that the judge who decided your refugee claim was possibly incompetent to make that decision? Wouldn't you want to know if the judge who rejected your refugee claim failed the new competency test?!

About Me

Robert H. Gertler, LL.B., J.D., B.A.
Mr. Gertler has established a reputation for dedication to his clients that is proven by his success rate representing clients from around the world. Mr. Gertler has the distinction of acquiring law degrees in both Canada and the United States. He earned his Bachelor of Laws at one of Canada´s most prestigious law schools, Queen´s University, in 1990. He obtained his Juris Doctor at Thomas M. Cooley Law School in Michigan in 1987. He has specialized in refugee and immigration law for 17 years and successfully represented clients from across Africa, Asia, Eastern Europe and the Latin America. His high-profile cases have been covered in the Montreal Gazette and Toronto-based Ming Pao Daily News.

About Gertler, Etienne LLP

Based out of Toronto, we represent clients all across Canada. We specialize in the practice of Immigration Law and Immigration Litigation. We are trial-tested, experienced Lawyers. We have a reputation for empowering clients with a winning edge.

We also offer the full spectrum of immigration law services, including:

• Investor and Entrepreneur
• Provincial Nominees
• Skilled Workers
• Trades (construction worker, truck driver, mechanic etc.)
• Sponsorships
• Obtaining work and study permits fast
• Appealing removal orders, refused refugee claims and rejected sponsorship applications to Canada's Federal Court
• Appealing immigration matters to the Immigration Appeal Division
• Seeking humanitarian and compassionate exemptions to removal
• Defending clients at immigration and detention reviews
• Fighting removal, deportation and departure orders
• Preparing Pre-Removal Risk Assessments

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