What to do if you are stuck as a Temporary Resident in Canada

Being a Temporary Resident (TR) in Canada comes with many opportunities but also challenges, especially if you find yourself stuck or uncertain about your immigration status. Recent changes in the 2025 federal budget and updated Immigration, Refugees and Citizenship Canada (IRCC) projections have reshaped what temporary residents can expect in the coming years. This guide provides clear, practical advice tailored for those stuck as temporary residents in Ontario or anywhere in Canada, emphasizing the importance of timely action and compliance. Recent Changes Impacting Temporary Residents The 2025 Canadian federal budget introduced significant reductions in the number of new temporary resident admissions, decreasing from approximately 673,650 in 2025 to about 385,000 in 2026, and around 370,000 in 2027 and 2028. This shift reflects the government’s effort to manage sustainable immigration levels while addressing infrastructure and integration concerns. However, it is not all downsizing. The government has committed to supporting temporary residents already here by introducing pathways to permanent residence for up to 33,000 work permit holders in 2026-2027, recognizing their contribution to the Canadian economy and communities. Additionally, accelerated permanent residence pathways are being offered for eligible Protected Persons, reflecting Canada’s ongoing commitment to humanitarian values. Dos and Don’ts If You Are Stuck as a Temporary Resident Dos: Don’ts: Positive Opportunities Amidst Challenges While the temporary resident intake targets have been reduced, the Canadian government has made a clear commitment to support temporary residents who contribute positively through work and community ties. The new programs accelerating permanent residence applications for eligible work permit holders provide a hopeful route to stability and longer-term security in Canada. Moreover, pathways for Protected Persons emphasize Canada’s dedication to protecting vulnerable individuals who cannot return safely to their home countries. As a temporary resident, this means there are pathways and support systems designed to help you navigate this period successfully. Final Thoughts If you find yourself stuck as a Temporary Resident in Canada, act swiftly to confirm and maintain your status. Ensure any expired status is restored promptly, always comply with your current conditions, and take advantage of new permanent residence pathways introduced in the latest federal budget. With proper guidance and timely action, temporary residents can protect their future and continue to contribute to Canada’s vibrant communities. For personalized advice tailored to your situation, consult with an experienced Ontario immigration lawyer who can help you understand your options and guide you through the application process. Useful Government Resources: This information is accurate as of November 2025 and reflects the latest IRCC policies and federal budget measures impacting temporary residents in Canada.

What to expect when coming to Canada for Short-Term Education in 2025

Are you planning to visit Canada for a short-term educational course in 2025? Here’s what you need to know, brought to you by Ahlawat Law PC, an Ontario law firm. What Qualifies as a Short-Term Course? What to Expect What You Should Be Aware Of What It Is Not Tip: Always check the latest requirements on the official Government of Canada website or consult with a licensed immigration lawyer or a RCIC for your specific situation. This post is for informational purposes only and does not constitute legal advice. For tailored guidance, contact Ahlawat Law PC.

Understanding the Types of Work Permits in Canada: What Foreign Workers and Employers Need to Know

Canada’s robust economy and welcoming immigration policies make it an attractive destination for skilled professionals and employers. If you are considering working in Canada or hiring foreign talent, it is essential to understand the different types of Canadian work permits. This article provides a clear overview, relying exclusively on official Government of Canada information, and is written in accordance with the Law Society of Ontario’s (LSO) professional conduct requirements. Types of Canadian Work Permits 1. Employer-Specific Work Permit An employer-specific work permit (also known as a “closed” work permit) allows a foreign national to work in Canada for a particular employer, under specific conditions such as: Key Requirements: Who Should Apply:Foreign workers who have received a specific job offer from a Canadian employer, particularly when an LMIA is required. 2. Open Work Permit An open work permit allows the holder to work for almost any employer in Canada, except for those who are ineligible or offer certain adult services. Who is Eligible: Key Benefits:No job offer or LMIA is required to apply for an open work permit. Special Work Permit Programs Canada also offers several targeted programs and streams, including: Important Considerations How Ahlawat Law PC Can Assist Navigating Canada’s work permit system can be complex. Our experienced immigration lawyers can: Contact Us If you are considering working in Canada or hiring foreign talent, contact Ahlawat Law PC for a personalized consultation. We are committed to ensuring your application is compliant with the latest Canadian immigration laws and policies. All information in this article is sourced from the official Government of Canada website. Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. For advice regarding your specific situation, please consult a qualified immigration lawyer licensed by the Law Society of Ontario.

Who Qualifies to Seek Asylum in Canada?

Introduction Canada’s refugee protection system offers protection to individuals who have a well-founded fear of persecution or are at risk of torture, risk to life, or risk of cruel and unusual treatment or punishment if returned to their country of nationality or habitual residence. Recent legislative amendments, including the Strong Borders Act (Bill C-2, 2025), have introduced significant changes to the eligibility and process for making a claim for refugee protection in Canada. Eligibility to Make a Refugee Claim Pursuant to the Immigration and Refugee Protection Act (IRPA), a person may seek refugee protection in Canada if they are: A claim for refugee protection may be made at a port of entry upon arrival in Canada or at an inland Immigration, Refugees and Citizenship Canada (IRCC) office. Ineligibility to Make a Refugee Claim Under section 101 of IRPA, a claim for refugee protection is ineligible to be referred to the Immigration and Refugee Board (IRB) if: Application Process 1. Making a Claim A claim for refugee protection may be made at a port of entry or, if already in Canada, through the IRCC online portal. 2. Eligibility Interview A Canada Border Services Agency (CBSA) or IRCC officer will conduct an eligibility interview to determine if the claim is eligible for referral to the IRB’s Refugee Protection Division. 3. Basis of Claim Form If the claim is eligible, the claimant must complete and submit a Basis of Claim (BOC) Form, providing detailed reasons for seeking protection. 4. Hearing The IRB will schedule a hearing where the claimant may present evidence and testimony in support of their claim. 5. Decision The IRB will render a decision to either grant or refuse refugee protection. If protection is granted, the claimant may apply for permanent residence as a protected person. Legislative Changes: Strong Borders Act (Bill C-2, 2025) The Strong Borders Act has introduced amendments to the IRPA, including: Claimants are advised to review the most recent legislative and regulatory updates or consult legal counsel to ensure compliance with all current requirements. Contact Ahlawat Law PC If you require legal advice or representation regarding a refugee claim or have questions about your eligibility under the current law, please contact Ahlawat Law PC for a confidential consultation. Disclaimer This post is for informational purposes only and does not constitute legal advice. For advice regarding your specific circumstances, please consult a qualified Canadian immigration lawyer. References: Government of Canada – Strong Borders Act (Bill C-2) Summary Immigration and Refugee Protection Act, S.C. 2001, c. 27 Immigration, Refugees and Citizenship Canada – Refugee claims in Canada: Who can apply Immigration and Refugee Board of Canada – Making a claim for refugee protection

Federal Court overturns IRCC refusal for failing to properly assess Substituted Evaluation in Start-up Visa application

On June 6, 2025, the Federal Court rendered a significant decision in Helmzadeh v. Canada (Minister of Citizenship and Immigration), 2025 FC 1023, granting judicial review of a visa officer’s refusal to substitute an applicant’s language test results in the context of a Start-up Business Class permanent residence application. This judgment provides important guidance on the exercise of discretion under s. 98.10 of the Immigration and Refugee Protection Regulations, SOR/2002-227 (“IRPR”), and the standard of reasonableness in administrative decisions. Background The principal applicant, Dr. Zohreh Helmzadeh, a former physician from Iran, applied for permanent residence under the Start-up Business Class, intending to establish a healthcare technology company in Vancouver. Although already residing in Canada on a work permit, Dr. Helmzadeh’s application was denied after her International English Language Testing System (IELTS) scores fell short of the required Canadian Language Benchmark (CLB) 5 in all four skill areas, as mandated by IRPR, s. 98.01(2)(b). Specifically, she scored 4.5 in Listening, with passing scores in the other areas. After this refusal, Dr. Helmzadeh sought a substituted evaluation under s. 98.10(1) of the IRPR, arguing her professional background and the impact of COVID-19 on her ability to retest justified such discretion. The officer denied this request, prompting the application for judicial review1. Legal Framework Issues Before the Court The Court considered two main issues: The Court’s Analysis and Findings 1. Mootness The Minister argued that, since the commitment certificate had expired before the application was filed, the applicant was ineligible for a substituted evaluation. The Court held there remained a live controversy, particularly as pandemic-era policies (e.g., OB 669) might have affected the assessment of expired commitments. Importantly, the officer’s reasons did not reference the expired certificate, and the Court could not supplement the decision with post hoc rationales1. “If the expiry of the Commitment Certificate were an underlying reason for the rejection … it was for the Officer, rather than the Respondent now, to provide this justification. Reasonableness review starts with the reasons themselves…” (Helmzadeh, at para 21)1. 2. Reasonableness of the Officer’s Decision Applying the Vavilov reasonableness standard, the Court found the officer’s decision deficient. The officer focused solely on the applicant’s failure to meet the language benchmark, without considering whether, in light of her overall profile (including medical expertise and entrepreneurial background), the language requirement was a sufficient indicator of her ability to become economically established in Canada. The Court emphasized that s. 98.10(1) IRPR requires a holistic assessment—not merely a reconsideration of language scores. The officer’s reasons did not demonstrate such an analysis, nor did they address the applicant’s submissions regarding her professional experience. “What is to be potentially substituted is not merely the replacement of the evaluation of the language test results … but rather an overall evaluation of an applicant’s ability to become economically established in Canada. There is no indication in the Decision that this was considered…” (Helmzadeh, at para 27)1. The Court also reiterated that administrative decision-makers cannot have their reasons supplemented by arguments raised after the fact by the Minister on judicial review (Alexion Pharmaceuticals Inc v Canada (Attorney General), 2021 FCA 157; Vavilov, at para 97)1. Disposition The Federal Court allowed the application for judicial review, set aside the officer’s decision, and remitted the matter for redetermination by a different officer. No question of general importance was certified1. Practical Implications Conclusion Helmzadeh reinforces the importance of reasoned decision-making in Canadian immigration law, particularly where officers exercise discretionary powers. Applicants for the Start-up Visa Program who seek substituted evaluations must be afforded a meaningful analysis of their overall ability to become economically established, not just a mechanical application of language test results. For more information or assistance with Start-up Visa applications and judicial reviews, contact Ahlawat Law Professional Corporation. References: 1 Helmzadeh v. Canada (Minister of Citizenship and Immigration), 2025 FC 1023 (Federal Court Judgment and Reasons, June 6, 2025).2 Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65.

Should You Hire an Immigration Lawyer for a Canadian Visitor Visa?

Key Evaluation Criteria and Legal Guidance for 2025 Visitor Visa refusals are at record highs If you are applying for a Canadian visitor visa in 2025, you need to be aware that refusal rates have reached unprecedented levels. Recent government data shows that in 2024, Immigration, Refugees and Citizenship Canada (IRCC) refused 1.95 million visitor visa applications, representing a refusal rate of 54%—up from 40% the previous year. For some countries, refusal rates now exceed 61%, a direct result of stricter border security measures and enhanced scrutiny by Canadian authorities.[i] Why even “Simple” cases now require careful assessment What may seem like a straightforward case can quickly become complicated under current IRCC practices. Officers are trained to scrutinize every detail, and any inconsistency, incomplete documentation, or perceived lack of ties to your home country can lead to a refusal. Even minor errors or omissions can result in a finding of misrepresentation, which carries severe penalties including a five-year ban from entering Canada.[ii] Evaluation Criteria: When to consult a licensed immigration  lawyer or consultant You should strongly consider consulting a licensed immigration lawyer or Regulated Canadian Immigration Consultant (RCIC) if: The risks of using unlicensed agents or travel agencies Canadian law requires that anyone providing immigration advice or representation for a fee must be either a lawyer in good standing with a Canadian law society or a licensed RCIC, regulated by the College of Immigration and Citizenship Consultants (CICC). Using an unlicensed agent or a travel agency, whether in Canada or abroad, can have serious consequences: How to Verify a Licensed Immigration Professional You can verify the status of an RCIC or lawyer by visiting the CICC website or the relevant law society’s public directory. What to do if you suspect past misrepresentation If you believe an unlicensed agent or travel agency may have submitted your application using false, incomplete, or forged documents, you should immediately consult a licensed immigration lawyer. Early legal advice can help you assess your situation, take corrective action, and protect your future immigration prospects. Key Takeaways For tailored legal advice or to review your case, contact our firm to speak with a licensed Canadian immigration lawyer. Sources: [i] https://immigrationnewscanada.ca/canada-refuses-study-work-visitor-visas/ [ii] https://www.cicnews.com/2025/03/visitor-visa-refusals-for-canada-are-on-the-rise-heres-how-you-can-avoid-them-0352304.html#gs.n7w1sg

An overview of the “Strong Borders Act” (Bill C-2)  related to upcoming changes to  Immigration and Refugee System

By Ahlawat Law PC On June 3, 2025, Bill C-2, known as the “Strong Borders Act,” was introduced in the House of Commons, proposing substantial amendments across various Canadian statutes. This legislative initiative aims to fortify Canada’s border security and introduce an array of related measures. For those navigating Canada’s immigration and refugee landscape, several key changes are particularly noteworthy. Information Sharing Enhancements (Part 6) Part 6 of the “Strong Borders Act” introduces new provisions regarding the sharing of personal information within the Department of Citizenship and Immigration and with other governmental entities. The Minister of Citizenship and Immigration would be empowered to disclose personal information under the Department’s control for purposes related to the administration or enforcement of federal or provincial laws, or in the exercise of their duties under statutory or other lawful authority. Such disclosures would typically occur under a written agreement or arrangement specifying the information to be shared, the purpose of disclosure, and any limitations on its subsequent use or transfer. A crucial safeguard is also introduced: provincial governments and Crown corporations receiving personal information under these provisions would be prohibited from disclosing it to foreign entities unless the Minister provides written consent and the disclosure aligns with Canada’s international obligations concerning mistreatment. Furthermore, the Bill explicitly allows for regulations governing the disclosure of information collected under the Immigration and Refugee Protection Act to other federal departments and agencies for cooperative purposes. Reforms to the In-Canada Asylum System (Part 7) Part 7 of the Bill introduces significant changes to the Immigration and Refugee Protection Act, particularly impacting the in-Canada asylum system. Measures Regarding Applications and Documents (Part 8) Part 8 grants broad powers to the Governor in Council concerning immigration applications and documents, driven by public interest considerations. New Grounds for Ineligibility (Part 9) Part 9 introduces new criteria for ineligibility for refugee protection claims. Conclusion The “Strong Borders Act” proposes a comprehensive set of legislative changes that will significantly impact Canada’s immigration and refugee system. Understanding these amendments is crucial for individuals, families, and organizations involved in immigration and refugee processes. As this Bill progresses through Parliament, it will be essential to monitor its development and eventual coming into force dates to understand the full scope of its implications. Disclaimer: This blog post provides a general overview of the proposed changes in the “Strong Borders Act” (Bill C-2) based on the provided document. It is not intended as legal advice, and its content should not be relied upon as such. For specific legal guidance regarding your individual circumstances, please consult with a qualified legal professional.

Charting your course to Canadian Citizenship: An Ahlawat Law PC guide

Becoming a Canadian citizen is a significant aspiration for many permanent residents, marking the final step in their journey to make Canada their permanent home. This esteemed status grants a host of rights and privileges, including the right to vote, hold a Canadian passport, and enjoy the security of full citizenship. At Ahlawat LAW PC, we are committed to providing clear and accurate information to help you navigate this important process. This guide draws directly from official Government of Canada sources to outline the steps and requirements for obtaining Canadian citizenship. Are You Eligible? Key Criteria from IRCC Before you begin your application, it’s essential to meet the eligibility criteria set out by Immigration, Refugees and Citizenship Canada (IRCC). As per the official guidelines: Your Pathway to Citizenship: The Application Process The application process for Canadian citizenship involves several key steps, as outlined by IRCC: After You Apply: What to Expect Once IRCC receives your complete application: Processing Times According to the IRCC website, the general processing time for a routine citizenship application is approximately 10 months from the time a complete application is received. However, processing times can vary depending on factors such as the volume of applications, the complexity of your case, how easily IRCC can verify your information, and how quickly you respond to any requests from IRCC. You can check current processing times on the IRCC website. Why Choose Ahlawat LAW PC? Navigating the Canadian citizenship process can be intricate. While this guide provides an overview based on official information, individual circumstances can vary. Ahlawat LAW PC offers professional legal services to help you understand your eligibility, prepare a thorough and accurate application, and address any complexities that may arise. Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Immigration laws and procedures are subject to change. Please consult the official Immigration, Refugees and Citizenship Canada (IRCC) website or contact Ahlawat Law PC for advice tailored to your specific situation.

The image depicts a warm and welcoming family reunion in Canada, with parents and grandparents visiting.

Welcoming your loved ones to Canada via Super Visa

At Ahlawat Law PC, we understand the deep desire to have your parents and grandparents join you in Canada for extended visits. The Super Visa is a fantastic program designed to make this a reality, allowing eligible parents and grandparents of Canadian citizens and permanent residents to visit Canada for up to five years at a time. It’s a visa that provides multiple entries and can be valid for up to 10 years. This blog post will delve into the key aspects of the Super Visa, helping you understand the eligibility requirements and the application process. What is the Super Visa? The Parent and Grandparent Super Visa is a special type of visitor visa that allows parents and grandparents to stay in Canada for a longer duration than a regular visitor visa. Instead of the usual six-month limit for most visitor visas, the Super Visa grants an initial stay of up to five years. This provides a wonderful opportunity for families to spend significant time together right here in Canada. Who is Eligible for a Super Visa? To be eligible for a Super Visa, both the applicant (the parent or grandparent) and the host (their child or grandchild in Canada) must meet certain criteria. Eligibility of the Applicant (Parent or Grandparent): Eligibility of the Host (Child or Grandchild in Canada): The Application Process: A General Overview The application process for a Super Visa generally involves these steps: Why Choose the Super Visa? The Super Visa offers significant advantages for Canadian families: Ahlawat Law PC: Your Trusted Partner in Family Reunification Navigating the intricacies of the Super Visa application can be challenging. At Ahlawat Law PC, our team is dedicated to providing you with the expert legal advice and support you need to successfully reunite with your parents and grandparents in Canada. We can assist you with: We deeply value the importance of family unity and are committed to guiding you through every step of the Super Visa process. Contact Ahlawat Law PC today for a consultation.

Is the Canadian Start-Up Visa Program Right for You? Understand the Eligibility Requirements

Canada’s Start-Up Visa (SUV) Program offers an exciting pathway to permanent residency for innovative entrepreneurs. At Ahlawat Law Professional Corporation, we understand that navigating the complexities of immigration can be daunting. That’s why we’ve created this guide to help you understand the core eligibility requirements for the SUV program. Who Can Apply? The Start-Up Visa Program welcomes both individual applicants and groups of up to five co-owners. However, every applicant must meet specific criteria to qualify. Let’s break down the key requirements: 1. Have a Qualifying Business Your business idea is the heart of your application. To qualify, it must meet these conditions: 2. Obtain a Letter of Support from a Designated Organization A “designated organization” is a government-approved business group authorized to invest in or support promising start-ups. This support is crucial to your application. Important Note: Designated Organization Caps Be aware that each designated organization has a limit on the number of group applications they can support each year (10 complete applications). Applications are reviewed on a first-come, first-served basis. Apply early to avoid potential delays! This cap is in place until December 31, 2026. 3. Meet the Language Requirements Proficiency in either English or French is essential. You must demonstrate this by achieving a minimum Canadian Language Benchmark (CLB) level of 5 in listening, reading, writing, and speaking. Your language test results must come from an IRCC-approved testing agency. 4. Demonstrate Sufficient Settlement Funds The Canadian government will not provide financial support to Start-Up Visa immigrants. Therefore, you must prove that you have enough money to support yourself and your dependents upon arrival in Canada. The required amount depends on your family size and is updated annually. Importantly, you cannot borrow these funds.We recommend researching the cost of living in your intended destination in Canada and bringing as much money as possible to facilitate your move and initial settlement. Ahlawat Law: Your Partner in Navigating the Start-Up Visa Program The Start-Up Visa Program can be a life-changing opportunity. However, the application process requires careful preparation and attention to detail. At Ahlawat Law Professional Corporation, we have the expertise to guide you through every step, from assessing your eligibility to preparing a strong application. Considering the Start-Up Visa Program? Contact Ahlawat Law today for a consultation! Disclaimer This blog post provides general information only and does not constitute legal advice. Immigration laws and policies are subject to change. Consult with a qualified immigration lawyer for personalized guidance.