The general consequence of a finding of misrepresentation in immigration applications is very severe – a five-year ban on admission to Canada. The jurisprudence is settled that s40(1)(a) of the IRPA is to be given a broad interpretation in order to promote its underlying purpose. It is important to note that the exception to this rule is narrow.
“Not More Than 10 Years” In The Criminal Code vs “At least 10 Years” In The Immigration and Refugee Protection Act.
The Immigration and Refugee Protection Act (IRPA) provides that a permanent resident or a foreign national convicted in Canada of a crime with a possible sentence of at least 10 years imprisonment is inadmissible, regardless of the sentence imposed. If a person is found inadmissible, he or she will be denied a visa, refused entry to, or removed from Canada.
Do I Need to Disclose my Withdrawn Criminal Charges to the IRCC?
In Immigration Law, the finding of misrepresentation is a serious matter with significant consequences. For immigrants, the law is (unexpectedly) quite broad and raises many issues. In my experience, while there are people who intentionally withheld material facts, there are others who genuinely believed that it was unnecessary to provide such information. I am constantly[Read More]
The Significance of a Health Care Representation Agreement
Plan ahead and take control over who will make personal and health care decisions on your behalf if you are unable to do so. Consult with our experienced health care lawyers today!
Henson Trusts: Providing for Your Child with Special Needs
Are you planning to leave an inheritance for your child with special needs to ensure they are provided for during their lifetime? If so, be aware that an inheritance may disqualify your disabled child from receiving government assistance. An estate planning attorney can help you avoid that situation by setting up a “Henson trust” in your will.
What is a Representation Agreement, and What are the Differences Between a “Section 7” and “Section 9” Representation Agreement?
No one likes to think about the possibility of their future incapacity, but it is important to plan ahead. There are some relatively simple planning tools you can use to ensure your affairs are managed if you become incapable of doing so.
What to Watch Out for When Signing a Commercial Lease Agreement
Leasing commercial space is a significant financial commitment. Business owners should pay close attention to the terms of a commercial rental agreement or a business lease agreement. Here are our top three:
What is the Difference Between an Asset Purchase and a Share Purchase?
If you are buying or selling a business, which is right for you: share sale vs. asset sale? Each option has advantages and disadvantages which can impact everything from purchase price to legal liability to tax implications.
What you should know when buying a business
Buying a business is a considerable investment. It is also a complex transaction involving many issues. Here is what you should know when buying a business.
Open Work Permit Under a Public Policy Issued on January 27, 2021
Due to COVID-19, applicants may be eligible to apply for a one-time open work permit of up to 18 months if one applies by July 27, 2021.