Canadian Immigration

Cumming & Partners provides comprehensive legal advice and assistance in most areas of Canadian immigration law. The lawyers in our Canadian immigration practice group are distinguished practitioners, many of whom are recognized experts who frequently publish and speak on Canadian immigration topics. Our law firm specializes in providing efficient and cost effective immigration solutions, and will provide you with the highest quality of legal advice and client service.

Services Offered

The scope of our Canadian immigration legal services includes the following areas of practice: (1) Business and Pleasure Visitors; (2) Work Permits; (3) Permanent Residence; (4) Citizenship; and (5) Inadmissibility. Each of these practice areas is briefly discussed below. Please refer directly to each specific practice area for a detailed analysis of our services and expertise.

 

1. Business and Pleasure Visitors. To visit Canada for business or pleasure purposes, you must have a valid travel document (normally a passport) and be entering for a temporary period. Depending on your citizenship, you may also need a Temporary Resident Visa to enter Canada. Citizens of the United States and most British Commonwealth and European countries are exempt from the requirement of a Temporary Resident Visa. To determine if you are exempt from this requirement, please refer to Temporary Resident Visa Exemptions.

We provide clients advice on permissible visitor activities and the entry documentation required. This includes applications for Temporary Resident Visas and use of the Expedited Border Inspection (NEXUS) program.

For a detailed analysis of the business and pleasure visitor rules and requirements for Canada, a summary of the legal advice and assistance we provide, please refer to Business and Pleasure Visitors.

Recent Mandates

  • Create the business visitor program and protocols for the after-sales service personnel of a U.S. manufacturing company.
  • Prepare and process Temporary Resident Visa applications at Canadian Embassies and Consulates in Brazil, Russia, Hong Kong and the United Arab Emirates.
  • Advise a software company on the scope of permissible business visitor activities for marketing and sales employees entering Canada.
  • Eliminate the immigration “red flag” attached to a businessman travelling frequently to Canada from Europe for meetings.
  • Provide a seminar to an international Consulting Firm on how they can eliminate border hassles and ease business visitor travel for their employees entering Canada.

 

2. Work Permits. We assist clients with obtaining all types of Canadian work permits. This includes work permits that require a Labour Market Opinion, Intra-Company Tranferees, U.S. and Mexican Professionals under NAFTA, Information Technology Workers, Treaty Traders and Investors, Reciprocal Employment Programs and workers offering a Significant Benefit to Canada or covered under GATS.

To determine if you qualify for a work permit, and for a detailed analysis of each different type of work permit and the legal advice and assistance we provide, please refer to Work Permits.

Recent Mandates

  • Obtain Intra-Company Transferee Work Permits for the executives and specialized knowledge employees of a telecommunications company expanding operations into Canada.
  • Prepare and process a Labour market Opinion work permit for a professional at an engineering firm.
  • Facilitate NAFTA work permits for multiple consultants working in Canada for a major American consulting firm.
  • Obtain a Temporary Resident Visa and Work Permit for an employee under the Information Technology Workers program on an expedited basis.
  • Prepare and process a Labour Market Opinion and Work Permit for a senior executive hired at a major national retailer.

 

3. Permanent Residence. We assist clients and their family members with obtaining Permanent Residence for Canada through each of the different approaches available. This includes the Canadian Experience Class, Federal Skilled Workers, Provincial Nominee Programs, Entrepreneur Immigration, Marriage/Common-Law or Conjugal Partners, Family Based and the Immigrant Investor Program.

We also advise clients on related topics, including Renewing your Permanent Resident Card and Rules for Maintaining Permanent Residence.

To determine if you qualify for Canadian Permanent Residence, and for a detailed overview of each different approach available to obtain Permanent Residence and the legal advice and assistance we provide, please refer to Permanent Residence.

Recent Mandates

  • Obtain Permanent Residence for a Work Permit holder and his wife children through a positive an in-land application under the Canadian Experience Class.
  • Assist a professional with an executive and his family with applications for Permanent Residence through the Federal Skilled Worker program.
  • Prepare and process the Permanent Residence application for the spouse of a Canadian citizen.
  • Facilitate Permanent Residence on an expedited basis for a professional pursuant to a Provincial Nominee Program.
  • Obtain Permanent Residence under the Immigrant Investor Program for a successful businessman living in Asia.

 

4. Canadian Citizenship. We assist clients with all of the legal issues related to Canadian citizenship and naturalization. This includes working with Permanent Residents to determine their eligibility for citizenship and prepare their application for naturalization (Canadian Citizenship by Naturalization). It also includes obtaining proof of Canadian citizenship for individuals born abroad to a Canadian citizen parent (Canadian Citizenship by Birth Abroad).

We also advise clients on related topics including the tax implications of Canadian citizenship, the availability of dual citizenship, and the process for renouncing Canadian citizenship.

To determine if you qualify for Canadian citizenship, and for a detailed overview of this topic and the legal advice and assistance we provide, please refer to Canadian Citizenship.

Recent Mandates

  • Obtain Canadian citizenship for a Permanent Resident through preparing and processing an application for naturalization.
  • Process the application for Canadian citizenship of a child born to a Canadian Citizen abroad.
  • Assess the eligibility of a client for Canadian citizenship in light of their residency dates and a minor criminal conviction.
  • Advise a client on their eligibility for dual citizenship and the pros and cons of obtaining Canadian citizenship.

 

5. Inadmissibility. We work with clients to determine if they are inadmissible to Canada under any of the Grounds of Inadmissibility. This most frequently involves issues related to criminal activity or convictions, and violations of immigration status or laws.

We also assist clients with obtaining Temporary Resident Permits and permanent Criminal Rehabilitation to waive their inadmissibility and allow them to travel to and/or live in Canada.

To determine if you are inadmissible to Canada or if you are eligible for a temporary or permanent waiver, and for a detailed overview of these issues and the legal advice and assistance we provide, please refer to Inadmissibility to Canada.

Recent Mandates

  • Obtain an expedited Temporary Resident Permit for a client with a conviction for Driving Under the Influence of Alcohol (DUI).
  • Prepare and process a Criminal Rehabilitation application for an applicant for Permanent Residence with a serious criminal conviction.
  • Advise a U.S. criminal lawyer and his client (a senior executive) on the various Canadian immigration consequences of either: (1) entering a pre-trail diversion program; (2) obtaining a conditional discharge; or (3) entering a plea of nolo contendre.
  • Process a Temporary Resident Permit at a Canadian Consulate for a client with a conviction for fraud.
  • Prove to Canadian Immigration through court records that a client convicted of assault years ago was eligible for deemed rehabilitation and not inadmissible.