Immigration Law

Access to Information and Privacy Requests

Access to Information and Privacy (ATIP) are acts that came into effect for the purpose of providing information to those who desire it or want to make corrections pertaining to their personal information from the government. In order to make a request, there are some eligibility requirements that must be met, including being a permanent resident of Canada, a Canadian citizen, or an individual or corporation in Canada. Seeking consultation from our team at Sodagar Nielsen Law Group will give you the reassurance that you need to know whether or not you qualify. Our aim is to help reduce the complications and misunderstandings that commonly arise when handling these matters. 

Appeals

IAD

The Immigration Appeal Division (IAD) is responsible for handling all appeals pertaining to immigration, including, but not limited to, sponsorship and residency matters. We understand the anxiety and difficulty felt as a result of a denied application. At Sodagar Nielsen Law Group, we have measures in place so that your appeal is submitted in a timely and appropriate manner. At Sodagar Nielsen Law Group, we value communication and preparation, thus you will be well informed of any progress and developments with your case.

Judicial Reviews

Individuals generally resort to seeking a judicial review from the court when refused Canadian citizenship or denied residence in Canada. In order to successfully apply for a judicial review, you must hire a lawyer to act on your behalf. At Sodagar Nielsen Law Group, our team guarantees that all necessary deadlines are met and appropriate documentation is provided.

Judicial reviews consist of two steps, the leave stage and the application for judicial review stage. The leave stage is essentially the part of the process where all documents pertaining to your case are reviewed by the court. Our team will ensure that you submit substantial documentation to support said claim. The second step is the application for judicial review where you and your lawyer participate in a hearing at court. At this stage, you will be required to explain why your denial or rejection should be reconsidered.

Citizenship Applications

Applying for citizenship may be a daunting task that requires significant guidance. Whether you are wondering if you qualify for Canadian citizenship or wanting to know if you have citizenship rights, the legal team at Sodagar Nielsen Law Group has an in-depth knowledge in these matters. It may be difficult to determine whether you meet the full range of requirements, given that the list is quite thorough and extensive, but our team is confident that we can guide you through the entire process. We provide a multitude of services, including advice about maneuvering through the Canadian citizenship legislation and its most recent changes.

Express Entry

The express entry stream of the PNP is related to the federal express entry system and includes skilled workers, international graduates, international postgraduates, and health care professionals. Individuals who qualify under the express entry will be given priority over those under the skills immigration stream; however, they must meet the requirements for the Federal Skilled Worker, Canadian Experience Class, or the Federal Skilled Trades. Our team at Sodagar Nielsen Law Group are prepared to help you determine which stream is best for you as well as recommend the appropriate steps to take in order for you to make informed decisions.

Family Class

Canada’s immigration policy has been in the process of attempting to better incorporate family reunification. In Canada you can sponsor a spouse, same-sex spouse or common-law partner, or a dependent child to immigrate to Canada. There are multiple classes of sponsorship that require different documentation, in addition to the basic application requirements. Our team at Sodagar Nielsen Law Group is well-informed with all matters pertaining to sponsorship and can guide you through the entire application process. We understand that the application process can be emotional and difficult as you may encounter obstacles that will ultimately hinder your progress. At Sodagar Nielsen Law Group, we are prepared to help you determine the most efficient steps in order to reach your goal.

Federal Skilled Worker

Applying as a Federal Skilled Worker under the Express Entry program entails meeting a lengthy and sometimes complicated list of minimum requirements. To be classified as a skilled worker, your work experience, language ability, education experience, economic standing, and other selection requirements are thoroughly assessed. It is recommended that you consult a professional who is well-versed in this matter in order for your application to be submitted in a timely and precise manner. At Sodagar Nielsen Law Group, we will help you establish whether or not you meet the eligibility requirements to successfully apply as a federal skilled worker. As such, we will provide appropriate consultation with regards to the proof you need to provide to support your application.

Intra-Company Transfers

The Intra-Company Transferee program is an LMIA-exempt option for foreign workers to receive a work permit. This program allows for qualified employees to be temporarily transferred to work in Canada, given that they are able to enhance corporate performance, increase Canadian exports, and contribute to giving Canada a global competitive advantage. For more information regarding your eligibility or application process, book a consultation with our team at Sodagar Nielsen Law Group. 

LMIA Matters

LMIA Owner Operation

As with most LMIA applications, employers are obligated to advertise the job positions to Canadian workers. However, under the LMIA Owner Operation stream, this is not necessary. This program is dedicated to foreign nationals who strive to create or buy a business in Canada in addition to permanently immigrating to Canada. There are multiple requirements that individuals must meet in order to be eligible to apply, including providing substantial evidence that they will not be in a position where they can be dismissed or is answerable to someone holding a more superior position; that they have a controlling interest in the business, such as being a majority shareholder; and prove that their business venture will create employment opportunities for Canadians and permanent residents. Consulting our team at Sodagar Nielsen Law Group will provide you with the reassurance that the evidence you provide is sufficient enough to meet the eligibility requirements so that you can successfully apply under the LMIA Owner Operation and achieve your business goals.

LMIA Global Talent Stream

The LMIA Global Talent Stream has been created for temporary foreign workers that are highly skilled and hold the ability to expand and benefit the Canadian workforce. It is designed to aid companies find specialized and unique foreign workers to fill in-demand positions that cannot be occupied or sufficiently taken by Canadian workers.

LMIA Work Permit

The Temporary Foreign Workers Program is an increasingly popular method of entry to Canada. In order to qualify, however, you must meet a certain set of requirements that our team at Sodagar Nielsen Law Group can help you navigate through. For instance, the basic eligibility requirements include a Canadian visa as well as a Labour Market Impact Assessment (LMIA). An LMIA is provided by the Human Resources and Social Development Canada (HRSDC) and acts to confirm that the the work opportunity will positively impact the Canadian market and is best suited for a foreign employee. Therefore, a Canadian employer needs to submit an LMIA application to the Canadian government if they seek to hire a temporary foreign worker. If the LMIA is positive, that entails that foreign worker is able to apply for a work permit. Our lawyers at Sodagar Nielsen Law Group are well-versed in all matters pertaining to work permits, thus we can ensure that you take the necessary steps for a successful application.

Permanent Residence Applications

Being a permanent resident of Canada entails that an individual is allowed to work and live in Canada given that they maintain their status. Achieving permanent residency requires that you pay taxes as well as abide by both provincial and federal law. Moving forward, once eligible, permanent residents will be able to apply for citizenship. Successful application for Permanent Residence in Canada is a process determined by a multitude of factors that are constantly changing, including whether an applicant’s category is Open or Closed, a priority, and if it has a quota attached to it. Therefore, processing applications are unpredictable and challenging. At Sodagar Nielsen Law Group, we provide the necessary consultation to properly assess your situation, regardless of your current status in the process. We advocate for transparency and our team is dedicated to ensuring that all developments are known and communicated to our clients. Our goal is to develop timely strategies that will enable clients to navigate the complex web of processing as efficiently as possible.

Permanent Resident Card Renewal

Renewing your permanent residency may prove to be a difficult task given that there are many conditions associated with the process as well as requirements that need to be fulfilled. For instance, to qualify for renewal, you must live in Canada for at least 2 out of 5 consecutive years. Failure to do so may revoke your status. However, there are exceptions to this. Our team at Sodagar Nielsen Law Group ensures that you are well aware of the conditions you must meet and exceptions that may apply to you, so that you successfully renew your permanent residency. We will guide you through the optimal path by educating you with the correct renewal process. 

Provincial Nominee Program Applications

The British Columbia Provincial Nominee Program (PNP) essentially nominates candidates who can prove that they are committed to becoming permanent residents in Canada. The PNP targets international graduates and skilled workers belonging to jobs that are in high demand. Nominations are based off of a points system that is divided into different categories. The requirements vary depending on the category that the applicant is nominated under. Applicants are evaluated on a series of qualities, including income, work experience, international student status, and experience.

At Sodagar Nielsen Law Group, we strive to guide you through the entire application process. This entails determining your eligibility and helping you produce the documentation necessary to complete your application.

Sponsorship Applications

In addition to meeting the basic requirements for your sponsorship application, you will need to prove that you have the capacity to financially and independently support the applicant upon arrival. The government places an annual cap on applications for sponsoring parents and grandparents as permanent residents. Our team is dedicated to assisting you make sure that you provide substantial evidence to successfully complete the sponsorship application.

In order to sponsor your spouse, partner, or dependent children to become permanent residents in Canada, you must meet a certain set of requirements. Determining whether you adequately meet said requirements can be difficult to asses, but the lawyers at Sodagar Nielsen Law Group are prepared to guide you throughout the entire process. In order to complete a successful application, you must prove a genuine relationship between your sponsee and yourself. Providing substantial evidence may be challenging if you do not know what documentation to produce. Our team is experienced in this matter and will ensure that from the beginning, you are prepared for success and

avoid rejection. However, qualifications are constantly changing and we want to make sure that you are well informed of all legal matters that can affect your success.

Study Permit

If you are an individual seeking to pursue an education in Canada, you are required to have a valid study permit allowing you to stay for the duration of your studies. Associated with a study permit are restrictions towards your work opportunities. In order to become fully aware of the legality associated with working on and off campus, it is advisable to seek consultation from a professional. At Sodagar Nielsen Law Group, we will make sure that your goals are reached, whether that involves wanting to change your residency status in Canada after completing your education. We can offer options for you to apply for a work permit in a manner that minimizes the difficulties associated with navigating the legal system.

Students are able to apply for an off-campus work permit or a post-graduation work permit given that they are eligible. Both permits do not require an LMIA. To find out which permit is best suited for you and successfully complete an application, our lawyers at Sodagar Nielsen Law Group will help you handle the process. Each work permit comes with certain requirements, for instance, off-campus work permits are only required if the student is studying full-time for at least 6 months and works more than 20 hours per week. Conversely, those with a post-graduate work permit grants graduates the opportunity to work for upwards to 3 years; however, this is dependent on the duration of their studies.

Temporary Resident

Whether you want to visit Canada for a short or long period of time, the application process entails that you provide sufficient documentation in addition to other requirements. In order to ensure successful application, consult Sodagar Nielsen Law Group as we offer the advice necessary to avoid hindering obstacles. We want to assure that you undergo the process in a timely and efficient manner. Applicants have been more thoroughly assessed in recent years, but our team will help you overcome any difficulties that may arise in the event that your past actions may interfere with your success.

Temporary residency encompasses a vast variety of sub categories and it is advisable that you seek guidance in navigating through whichever division is most applicable to you. Our team is well-versed in determining which path you should take or perhaps identifying which category application is best suited for your goals. In addition, we understand that after entering Canada there are a multitude of opportunities that emerge to obtain permanent residency. If this is your ultimate goal, our lawyers are ready to help you find and act on these possibilities.

Temporary Resident Permit

Temporary Resident Permits can be issued if you are otherwise inadmissible but have a sufficiently justifiable reason to travel to Canada. Eligibility is case dependent, and permits are provided on varying basis’s. You must prove that your entry into Canada will not pose a security or health risk and thoroughly justify that your visit reaps no negative consequences. In essence, Temporary Resident Permits allow officers to respond to exceptional circumstances to meet Canada’s social, humanitarian and economic commitments while maintaining the health and security of Canadians. At

Sodagar Nielsen Law Group, we have handled numerous temporary resident permits and we can help you through this process.

Visitor Visa

The process of applying for a visitor visa may be a daunting task as it can be somewhat complicated to navigate through the multiple steps. At Sodagar Nielsen Law Group, our team is well-versed in educating our clients on how to successfully apply for a visitor visa. A visitor visa is an official document that is added to your passport that demonstrates your qualification for entering Canada. Like all other temporary resident applications, you need to meet a series of requirements in order to gain approval for a Canadian visitor visa. Some requirements include: having a valid travel document, have no criminal convictions, possess sufficient economic means to support the duration of your stay, have a letter of invitation from a Canadian resident, and meet specified health requirements. Our lawyers will ensure that you correctly complete the application process and meet the eligibility requirements, including the appropriate supporting documents.

Work Permit

Temporary foreign workers have become a significant source for labour in many Canadian companies. The goal is to fill the demands of employers who are unable to find candidates with the skills essential to effectively and efficiently impact the labour market. Sodagar Nielsen Law Group handles all matters pertaining to work permits and will provide you with the knowledge and guidance necessary to make informed decisions throughout the application process. Our expertise can be attributed to our experience processing numerous applications for our clients. Thus, we are confident that we can assist all potential applicants in increasing their chances for success. Work permits target a wide variety of individuals, including students and individuals seeking both full-time or part-time work. This may make it difficult to know whether this path is best suited for you. In order to ensure that you maximize your immigration opportunity, consulting a lawyer is advisable so that you complete a satisfactory application.