Seminar ID

ION-2018-10-09B

Date and time

Tuesday, October 9, 2018 at 19:30 EST see it in calendar

Attendance

• recording

Languages

• in English

CPD hours

Venue

Webinar
Capacity: 150

Description

This is a repeated seminar. Please do not register if you registered for the first one!

Section 25 of the IRPA: thinking beyond H&C PR applications in Canada

-  Introduction to s. 25 of the Immigration and Refugee Protection Act
   o Discussion of elements of s. 25 and limitations based on legislative provisions
   o Inland vs. overseas application

-  Application of s.25(1) IRPA to spousal sponsorships in Canada
   o Discussion of relevant section of Act and Regulations
   o Public policy & overcoming lack of status and overstay
   o Who can take advantage of this policy? Who is excluded?

-  Thinking outside the box: use of s. 25 to sponsor the unsponsorable
   o Parents of individuals who weren’t selected through the lottery
   o Overseas family members who don’t meet the family class definition
   o De facto family members … siblings, non-biological/adopted child
   o Discussion of overseas H&C applications, including preparations and how to frame H&C request

-  How to appropriately use A25 to overcome inadmissibility or deficiencies in application
   o Use in temporary vs. permanent residence applications
   o Discussion of where appropriate to request H&C consideration vs. where better to re-apply or consider other options
   o Role of s. 117(9)(d)
   o Ministerial Instructions as a bar to H&C requests

-  Case Scenario: Sponsoring the unsponsorable
   o How to determine if an overseas H&C application might be appropriate – obtaining the relevant information in order to assess difficulties and limitation to this approach
   o How to prepare application including immigration stream and evidence to collect
   o Professional obligation: advising clients as to merits of application and lengthy timelines; how to manage client expectations
   o Professional obligation: What to do if a conflict of interest arises between the “sponsor” and the overseas H&C applicant?