Frequently Asked Questions About Canadian Immigration

The processing time for immigration applications varies depending on the program, complexity of the case, and the volume of applications. For example, Express Entry applications typically take around 6 months, while provincial nominee applications may take longer. At Duplessis Immigration Law, we will provide you with an estimated timeline based on your specific circumstances.

Express Entry is a system used by Canada to manage applications for three federal immigration programs: the Federal Skilled Worker Program, the Federal Skilled Trades Program, and the Canadian Experience Class. Applicants are ranked based on factors like age, education, work experience, and language proficiency, and those with the highest scores are invited to apply for permanent residence. Duplessis Immigration Law can assist you in preparing a competitive application for the Express Entry system.

Yes, it is possible to apply for permanent residency without a job offer, particularly through programs like Express Entry’s Federal Skilled Worker Program and the Canadian Experience Class. However, having a job offer can increase your chances of being invited to apply or may be necessary for specific provincial programs. Duplessis Immigration Law will help assess your eligibility and guide you on the best path.

At Duplessis Immigration Law w, we provide full-service immigration assistance, from evaluating your eligibility to preparing and submitting your application. We ensure that all required documentation is complete and accurate, minimize the risk of delays or refusals, and provide you with clear guidance throughout the process.

If your immigration application is rejected, you may have the option to appeal the decision or apply again, depending on the type of rejection. At Duplessis Immigration Law, immigration lawyers with decades' experience can assess your case to understand the reason for the rejection and advise you on the best course of action, whether it's reapplying, seeking a judicial review, or exploring other immigration pathways.

The Provincial Nominee Program (PNP) allows Canadian provinces and territories to nominate individuals for permanent residence based on their skills and ability to contribute to the local economy. Each province has different criteria, and some may require a job offer from an employer in that province. Duplessis Immigration Law can help you identify the right PNP and assist with the application process.

Yes, most Canadian immigration programs require applicants to take a language test to prove proficiency in either English or French. The most commonly accepted tests are IELTS (for English) and TEF (for French). Your score will influence your eligibility and ranking in programs like Express Entry. Duplessis Immigration Law can help you understand the language requirements and ensure your results meet the necessary standards.

Yes, you can bring your spouse, children, and sometimes other dependents with you when applying for permanent residence under most immigration programs. Family members must meet specific eligibility requirements, and their applications are typically processed alongside the primary applicant’s. Duplessis Immigration Law will assist in ensuring your family’s eligibility and guide you through the process.

To apply for Canadian citizenship, you must meet the residency requirements (usually living in Canada for at least 3 out of the last 5 years), pass a citizenship test, and demonstrate language proficiency in English or French. Duplessis Immigration Law will help you understand the specific steps required for citizenship and ensure that your application is prepared accurately.

The costs of applying for immigration vary depending on the program, your family size, and additional services like language tests or medical exams. Fees typically include processing fees for the application, biometrics, and medical or police clearance costs. Duplessis Immigration Law will provide a transparent breakdown of all fees related to your immigration process to ensure there are no surprises.

Inadmissibility refers to a situation where an individual is not allowed to enter or remain in Canada due to certain legal reasons. Common reasons for inadmissibility include criminal convictions, health issues, financial instability, misrepresentation, or security concerns. If you face inadmissibility, Duplessis Immigration Law can help evaluate your situation and explore possible solutions such as applying for a Temporary Resident Permit or a rehabilitation process.

The most common reasons for inadmissibility include:

• Criminal convictions: Past criminal activities can lead to inadmissibility, though rehabilitation may be possible.
• Health issues: Medical conditions that may pose a risk to public health or burden Canada’s health system.
• Misrepresentation: Providing false or incomplete information on your immigration application.
• Financial issues: Failing to meet the financial requirements or being unable to support yourself and your family.
• Security concerns: Involvement in espionage, terrorism, or criminal organizations.

Duplessis Immigration Law can guide you on how to address these concerns and possibly overcome inadmissibility.

Misrepresentation occurs when an applicant provides false or misleading information, either intentionally or unintentionally, during their immigration process. This can include failing to disclose relevant information, providing incorrect documents, or lying about personal details. Misrepresentation is a serious issue and can lead to application refusal, bans from applying for Canadian immigration for several years, or even deportation. We strongly advise full transparency and honesty in all your application materials, and Duplessis Immigration Law can assist in preventing mistakes that may lead to misrepresentation.

If you are found to have misrepresented information, your application may be rejected, and you may face a ban from applying for Canadian immigration for up to five years. This can have long-lasting consequences for future immigration opportunities. If you’ve made an error, it’s crucial to seek legal assistance immediately to correct the situation and minimize the consequences. Duplessis Immigration Law can help you address and remedy the misrepresentation.

If you’ve been deemed inadmissible in the past, it doesn’t necessarily mean you are permanently barred from immigrating to Canada. Depending on the reason for inadmissibility, you may be able to apply for a Temporary Resident Permit (TRP) or undergo rehabilitation to overcome certain issues, such as criminal inadmissibility. Duplessis Immigration Law can evaluate your past inadmissibility and help you understand the best options for moving forward.

A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to obtain to hire a foreign worker. It demonstrates that there is a need for a foreign worker to fill the job and that no Canadian citizen or permanent resident is available to do the work. An LMIA is typically required for certain work permits, though some programs, like the International Mobility Program (IMP), do not require it. Duplessis Immigration Law can assist employers in applying for an LMIA and help foreign workers navigate the process.

Not all work permits require an LMIA. Some categories of work permits, such as those under the International Mobility Program, are LMIA-exempt. However, if you are applying for a work permit under the Temporary Foreign Worker Program, an LMIA is generally required unless you are applying for specific exempt positions. Duplessis Immigration Law will help determine whether you need an LMIA and guide you through the process.

An employer who wishes to hire a foreign worker must submit an LMIA application to Employment and Social Development Canada (ESDC). The employer must demonstrate that there are no qualified Canadian citizens or permanent residents available to fill the position. The LMIA application requires details about the job offer, working conditions, and efforts made to hire locally. Duplessis Immigration Law can assist employers in preparing the LMIA application and ensuring compliance with the regulations.

Yes, an LMIA can be refused if the employer fails to meet the requirements, such as proving that the job offer is genuine, showing that the wage offered is consistent with industry standards, or demonstrating adequate efforts to recruit Canadian workers. In such cases, Duplessis Immigration Law can assist the employer in understanding why the LMIA was refused and help them take corrective action if applicable.

The processing time for an LMIA application varies but typically ranges from a few weeks to a couple of months, depending on the nature of the job and the volume of applications. Employers can help expedite the process by ensuring that all required documents are provided and that they meet the specific criteria set by Employment and Social Development Canada (ESDC). Duplessis Immigration Law can assist in preparing and submitting the application efficiently to avoid delays.

If your LMIA application is refused, you can seek a review of the decision or make a new application with the necessary corrections. The reasons for refusal will be provided, and Duplessis Immigration Law can guide you through the process of addressing the concerns and reapplying. We’ll work with you to ensure that the employer meets all the requirements and increase the chances of approval on the next attempt.

If you lose your job while holding a work permit based on a Labour Market Impact Assessment (LMIA), your work permit may no longer be valid, as it is tied to your employer. However, you can take steps to preserve your status and stay in Canada legally:

• Apply for a new work permit: If you secure another job offer from a different employer, you can apply for a new work permit. The new employer must obtain an LMIA unless the job is LMIA-exempt.
• Apply for a visitor status: If you are unable to find a new job right away, you may apply for a change of status to a visitor while you look for a new job. This would allow you to stay in Canada legally while searching for work or preparing for your next steps.
• Restoring your status: If your status expires, you may apply to restore your status as a worker within 90 days of losing your job. However, this application is subject to specific requirements, including showing that you are eligible for work in Canada.

It’s important to act quickly to avoid any periods of unauthorized stay. Duplessis Immigration Law can guide you through the process of transitioning to a new job, restoring your status, or changing your status to ensure you remain compliant with Canadian immigration laws.

If your marriage breaks down while your spousal sponsorship application is being assessed, it can complicate the process. The relationship between the sponsor and the applicant is a key factor in the assessment of the application. However, there are a few options and considerations depending on your situation:

• If the marriage is still legally valid: If you are still legally married but have separated, you can still proceed with the sponsorship application, but you will need to show that the relationship was genuine when you submitted the application. It’s essential to provide any evidence that demonstrates the legitimacy of your relationship at the time of application.
• If the marriage ends (divorce): If you divorce before the application is finalized, the sponsorship application will generally be refused because the relationship no longer exists. In some cases, it may be possible to withdraw the application and apply for a different immigration program, but this will depend on the specifics of your situation.
• For common-law relationships: If you were in a common-law relationship and the relationship ends during processing, it’s important to inform IRCC (Immigration, Refugees, and Citizenship Canada) and update them with the new situation. If the relationship was genuine at the time of the application, you may still be able to sponsor your partner if certain conditions are met.

If your marriage ends during the sponsorship process, Duplessis Immigration Law is here to guide you. Here’s how we can help:

• Case Review: We’ll analyze your application to determine the best approach moving forward, whether the relationship remains intact or is legally dissolved.
• Strategic Advice: If separated, we’ll help ensure you present strong evidence of your genuine relationship at the time of application.
• Post-Divorce Options: If divorced, we’ll guide you through the next steps, including withdrawing the application or exploring other immigration pathways.
• Compliance & Risk Mitigation: We’ll help you handle communications with IRCC professionally to avoid misrepresentation or complications.

At Duplessis Immigration Law, we understand the complexity of these situations and are committed to protecting your status and securing your future in Canada.

Yes — but it’s a complex path. Being deported doesn’t always mean you’re permanently barred from Canada. Your options depend on the reason for the deportation and how much time has passed.
If you were removed for reasons like misrepresentation, criminality, or overstaying your status, you’ll likely need to apply for an Authorization to Return to Canada (ARC). If there were criminal issues, you may also need to apply for criminal rehabilitation.
The good news is: if you’ve demonstrated rehabilitation and enough time has passed, immigration officers may consider your application. It’s crucial to build a strong, well-documented case showing how you’ve addressed the original issues.
At Duplessis Immigration Law, we guide clients through the process of clearing inadmissibility and reapplying with confidence. We’ll assess your unique situation and develop a strategy to restore your chances of coming to Canada.

• If the marriage is still legally valid: If you are still legally married but have separated, you can still proceed with the sponsorship application, but you will need to show that the relationship was genuine when you submitted the application. It’s essential to provide any evidence that demonstrates the legitimacy of your relationship at the time of application.
• If the marriage ends (divorce): If you divorce before the application is finalized, the sponsorship application will generally be refused because the relationship no longer exists. In some cases, it may be possible to withdraw the application and apply for a different immigration program, but this will depend on the specifics of your situation.
• For common-law relationships: If you were in a common-law relationship and the relationship ends during processing, it’s important to inform IRCC (Immigration, Refugees, and Citizenship Canada) and update them with the new situation. If the relationship was genuine at the time of the application, you may still be able to sponsor your partner if certain conditions are met.

If your marriage ends during the sponsorship process, Duplessis Immigration Law is here to guide you. Here’s how we can help:

• Case Review: We’ll analyze your application to determine the best approach moving forward, whether the relationship remains intact or is legally dissolved.
• Strategic Advice: If separated, we’ll help ensure you present strong evidence of your genuine relationship at the time of application.
• Post-Divorce Options: If divorced, we’ll guide you through the next steps, including withdrawing the application or exploring other immigration pathways.
• Compliance & Risk Mitigation: We’ll help you handle communications with IRCC professionally to avoid misrepresentation or complications.

At Duplessis Immigration Law, we understand the complexity of these situations and are committed to protecting your status and securing your future in Canada.

It depends on the outcome of your refugee claim and what has happened since.
If your claim was accepted, you may have already become a permanent resident, or you could still be eligible to apply for PR if you haven't yet. If your claim was refused, you may still have options — but there are important factors to consider.
A refused claim could make you inadmissible for certain immigration programs, especially if there was a removal order issued. However, with time and the right applications, you could pursue options like Humanitarian and Compassionate grounds, family sponsorship, or in some cases, you may need to apply for an Authorization to Return to Canada (ARC).
At Duplessis Immigration Law, we carefully review your history and help you understand your pathway forward. Even with a previous refugee claim, there are routes that can lead you back to Canada, and we’re here to help you navigate them with clarity and care.

 First of all, we are very sorry for your loss.
This is a delicate and complex situation, but there is hope. If your husband had already received confirmation of permanent residence (COPR) or was officially landed in Canada before his passing, your status as an accompanying spouse could still allow you to proceed to permanent residence.
However, if he passed away before the final approval or landing, your application could be impacted, because the principal applicant must meet eligibility until the process is finalized.
That said, you may still have options. You could potentially apply for Humanitarian and Compassionate (H&C) grounds based on your circumstances, or explore spousal sponsorship if you later remarry a Canadian citizen or permanent resident.
It is essential to act quickly and seek legal guidance, as timelines and next steps depend heavily on the exact stage of your application when the tragedy occurred.
At Duplessis Immigration Law, we understand the emotional and legal complexities of cases like this. We’ll work closely with you to explore every possible option and support you through the process with care and clarity.

We understand how difficult and frustrating this situation must feel. Multiple refusals of an open work permit application usually point to concerns from the visa officer about eligibility, supporting documents, or proof of genuine intent to return home after the temporary stay.

Common causes of refusal include:

• Insufficient evidence of your genuine marital relationship.
• Weak proof of your husband’s ties to his home country (employment, family, assets).
• Incomplete or inconsistent application documents.
• Concerns that your husband may not leave Canada after the permit expires.

Even though you hold a valid study permit, each spouse’s application is assessed individually on its merits. Officers want to ensure that temporary residents will respect the conditions of their stay.

But there’s still hope.
Your husband can strengthen a new application by:

• Providing stronger proof of your relationship (marriage certificate, photos, communication history).
• Showing solid home country ties (employment letter, property ownership, family obligations).
• Writing a detailed, genuine letter of explanation.
• Seeking legal support to prepare a more persuasive, well-documented application.

At Duplessis Immigration Law, we often assist couples in your situation. We’ll review the refusal reasons, build a stronger case, and work toward giving you the best chance of being reunited in Canada.

This is an important and sensitive concern, and you’re not alone in facing it. A spouse’s criminal record can indeed lead to criminal inadmissibility, which may affect both their immigration status and your application if you’re applying together.

However, the situation is not necessarily hopeless. Canada’s immigration system offers solutions to overcome inadmissibility, depending on the type and timing of the offence.

Here’s what you need to know:

• If the offence is considered minor and enough time has passed, your spouse may be deemed rehabilitated automatically.
• For more serious offences, your spouse can apply for individual rehabilitation — this is a formal request to be declared no longer inadmissible, usually after at least five years since completing the sentence.
• If you are the main applicant and your spouse is not accompanying you to Canada, their inadmissibility might not directly impact your application. However, if they are accompanying, the issue must be resolved before your family’s application can succeed.
• In urgent cases, there is also the option of applying for a Temporary Resident Permit (TRP) to allow your spouse to enter or remain in Canada temporarily while awaiting a long-term solution.

Every case depends on the specifics of the criminal history, timing, and rehabilitation status. At Duplessis Immigration Law, we carefully assess these situations and guide families through the steps to resolve inadmissibility. Our goal is to help you reunite your family in Canada and move forward with clarity and hope.

While most permanent residents and Canadian citizens are eligible to sponsor their spouse, there are certain situations that could make you ineligible. Common reasons include:

• You’re in default of a previous sponsorship — for example, if you sponsored someone in the past and still owe money because they received social assistance.
• You’re currently receiving social assistance yourself, unless it’s for a disability.
• You have an undischarged bankruptcy, depending on the circumstances.
• You were sponsored yourself and have not yet lived in Canada as a permanent resident for at least 5 years.
• You’re under a removal order, detained, or convicted of certain offences, such as violent crimes or offences against a family member.
• You have not yet proven that your previous sponsorship obligations have ended — for example, if you previously sponsored a spouse and are still within the 3-year undertaking period.

Even if you face one of these barriers, there may be solutions. At Duplessis Immigration Law, we review your full situation carefully to see if exceptions, rehabilitation, or timing strategies apply to help you move forward. You deserve the chance to build your life with your spouse in Canada, and we’re here to make sure you don’t miss that opportunity.

Yes, even with multiple criminal convictions in different countries, you may still be eligible to apply for criminal rehabilitation. However, your application will be more complex and must fully address each offence — including where it happened, the sentence received, and how much time has passed since the completion of all penalties.

To be considered for rehabilitation, at least 5 years must have passed since the completion of all sentences, fines, probation, or jail time. If that timeline hasn’t passed, a Temporary Resident Permit (TRP) may be an interim option in urgent or compelling cases.

The key to a successful rehabilitation application is demonstrating that you are no longer a risk — that your past actions do not reflect who you are today. This involves providing thorough police records, court documents, and strong proof of reform (employment history, character references, community involvement, etc.).

At Duplessis Immigration Law, we specialize in building clear, compelling rehabilitation applications — especially in difficult cases involving multiple convictions or jurisdictions. We know how to present your progress in a way Canadian immigration authorities understand and respect.

If you stayed in Canada longer than 6 months over 10 years ago, it may affect your immigration application, depending on the circumstances. Here’s how:

• Overstay Consequences: Staying past the allowed period without proper authorization could be considered unauthorized stay. This might be flagged during your application review and could lead to inadmissibility or delays.
• Impact on Future Applications: While a long-past overstay may not be an automatic barrier, it could still raise concerns about your intent to comply with Canadian immigration laws. You may need to provide a valid explanation for the overstay, showing that it was an isolated incident and not part of a pattern.
• Resolution through Rehabilitation: If the overstay was deemed a violation, you may need to apply for Rehabilitation if it was considered serious enough. This can clear your inadmissibility and make you eligible to apply for permanent residency or a visa.

At Duplessis Immigration Law, we will help you assess the impact of this overstay on your immigration application and guide you on the best steps to take to mitigate any issues, ensuring the process goes smoothly.