Immigrate to Canada & the United States
Mandelbaum Immigration Lawyers is a Canadian and American immigration law firm in Toronto, Ontario, Canada.
We prepare immigration applications for professionals, skilled workers, entrepreneurs, athletes, artists, qualifying relatives, investors and corporations.
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Canada Immigration questions and answers
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Visa Refusal Appeals & Recovery
Were you denied entry or refused a visa, work permit, study permit or permanent residency for Canada?
You must appeal your visa refusal before the deadline. Deadlines vary depending on the type of application refused and the place where the decision was made.
Don’t despair! We can help!
Temporary Residency in Canada
Temporary Residency is an immigration status that permits you to stay in Canada for a time-limited period with conditions.
Includes: Temporary Resident Visa (TRV), Electronic Travel Authorization (eTA), Work Permit, Study Permit and Visitor Record.
Permanent Residency in Canada
Permanent Residency is an immigration status that permits you to stay in Canada indefinitely.
Includes: Express Entry, Family Sponsorship, and more.
Work Permits & LMIA
Your employer can offer you a LMIA only after they prove to Canada’s Temporary Foreign Worker Program that there is a labour shortage in Canada for your position.
Once approved, you can apply for an LMIA Work Permit.
Charitable Work Permit
We specialize in assisting individuals applying for Charitable Worker Work Permits.
Our team has a deep understanding of the eligibility requirements and the documentation needed to demonstrate the charitable nature of your work.
C20 Work Permit
The C20 Work Permit is a program designed for professional players and coaches, as well as semi-professional players and coaches, who need a work permit to work temporarily in Canada.
Canada Startup Visa Program
Canada’s flagship immigration program for entrepreneurs seeking to become permanent residents.
Our Immigration Freedom Plan
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How Our Immigration Process Works?
Step 1
Assessment
First, we ask all clients to fill out a background information questionnaire, collecting information specific to you, including country of citizenship, residency, family members, education history, work history, professional licenses and certifications, and location preferences.
We also ask for your history of visa applications, including refusal and approval history, medical and health information, and financial information to determine your admissibility.
step 2
Consultation
Next, you book a consultation appointment with one of our immigration lawyers to review your background and discuss your goals.
During the consultation, the lawyer will listen to your goals and questions, and also ask you some questions to get to know you better.
step 3
Application
Then, we’ll prepare a quote for your immigration process for Canada, outlining step-by-step how we will work with you on your immigration case.
Start your immigration process for Canada today by booking an immigration consultation appointment with one of our lawyers.
Immigration Questions When You're Already in Canada
If you’re living, working, or studying in Canada and trying to figure out your immigration status, you’re not alone.
Most people we work with at our Toronto office are people like you: already in Canada, trying to extend permits, change their status, or work toward permanent residency.
Being in Canada often gives you more options than applying from abroad, but keep in mind that Immigration rules are complex, and missing a deadline can derail your plans. Whether you’re in Toronto, Ontario, or anywhere in Canada, here are answers to the questions we hear most often.
I'm in Canada on a work permit or study permit. Can I apply for PR without leaving?
Usually, yes.
If you’re working here, Canadian Experience Class is probably your route. You need a year of skilled work (NOC TEER 0, 1, 2, or 3), language test results, and a decent Express Entry score. The work has to be legal – meaning you had a valid work permit the whole time.
Students need to finish school first, get a Post-Grad Work Permit, work for a year, then apply.
Provincial programs are another option. Ontario has a few streams for people already here, and a provincial nomination basically guarantees you’ll get invited.
The catch? Keep your status valid the whole time. If your permit expires, that’s a problem.
Want to know if you qualify? Book a consultation and we’ll walk through your options.
My work permit is about to expire. How many times can I extend it?
There’s no limit, but it’s not automatic.
LMIA permits: Your employer needs to get a new LMIA each time. If they can prove the labour shortage still exists, you can keep extending. We’ve had clients do this 4-5 times.
LMIA-exempt (CUSMA, intra-company, etc.): As long as you still meet the criteria, you can extend.
Open permits: Depends. Spousal permits can be extended if your spouse still qualifies. Post-Grad Work Permits can’t be extended at all – it’s one and done.
Here’s the thing – if you’re extending over and over, maybe look at PR instead. After a year of skilled work, you might already qualify. PR means you stop worrying about renewals.
Apply several months before your permit expires. Processing times vary.
Permit expiring soon? Let’s talk about extensions and whether PR makes sense.
What happens if my permit expires while waiting for the extension decision?
If you applied before it expired, you get “implied status.” That’s your safety net.
Implied status means you can stay and keep doing what you were doing. Closed work permit? Keep working for that employer. Open permit? Keep working anywhere. Study permit? Keep studying.
To get it:
- Apply before your current permit expires (even one day late = no implied status)
- Same type of permit
- Complete application with fees
Miss the deadline? You have to stop working/studying immediately. Then you have 90 days to apply for “restoration” – $229 extra fee, no work/study allowed during that time, and no guarantee it’ll work.
Some people are on implied status for months. Processing times change constantly.
Already on implied status or worried about timing? Talk to us – we can review your application.
Can I switch from a study permit to a work permit without leaving Canada?
Yes, through the Post-Grad Work Permit.
It’s an open permit – work for anyone, anywhere in Canada. You get one PGWP in your lifetime, so this is it.
Requirements:
- Program at least 8 months long
- Full-time (last semester can be part-time)
- Designated learning institution
- Apply within 180 days of finishing
Length: Programs under 2 years get a PGWP matching program length. 2+ years gets you 3 years.
November 2024 update: Not all college programs qualify anymore. Your field of study has to match jobs with labour shortages. University degrees still qualify regardless of field.
Work for a year on your PGWP in a skilled job, then apply for PR through Canadian Experience Class.
Warning: Lots of students get sold “study = automatic PR” by consultants. It’s not automatic. You need the right program, right job, language scores, and you have to navigate Express Entry correctly.
Graduating soon? Let’s make sure your PGWP and PR plan actually work.
I'm working in Canada. What's the fastest way to get permanent residency?
Canadian Experience Class through Express Entry, usually. Applications process in 6-12 months once you’re invited.
Getting invited is the hard part. You need:
- 12 months skilled work in Canada
- NOC TEER 0, 1, 2, or 3
- Language tests (CLB 7 for professional jobs, CLB 5 for technical)
- Competitive CRS score
Your score determines if you get invited. Cutoffs change every draw – sometimes 440, sometimes 500, depends on the draw type.
Boost your score: Provincial nomination (+600 points), better language scores (French especially – up to 50 points), sibling in Canada (+15).
Provincial programs can be faster if you’re in an in-demand field. Some PNP nominations process in a few months.
Strategy: Create your Express Entry profile, see your score, figure out if you need a provincial nomination or if you should wait and improve your language scores.
Want to know your score and if it’s competitive? We’ll calculate it and map out your fastest route.
Can my spouse work in Canada if I have a work or study permit?
Usually yes – Spousal Open Work Permit.
If you have a work permit: Your spouse qualifies if your job is skilled (NOC 0, 1, 2, 3), your permit is valid for 6+ months, and you’re working or have a job offer.
If you’re studying: Your spouse qualifies if you’re full-time at a public college/university (or in a master’s/doctoral program).
It’s an open permit – they can work anywhere for anyone.
Why it matters: Two incomes helps. It also helps your PR application – work experience for both of you boosts your Express Entry score.
Apply from inside Canada if your spouse is already here (takes longer) or from abroad if they’re joining you (varies by country).
Your kids can come too and go to school for free.
One catch: If your permit expires or you lose status, your spouse’s permit is affected.
Want to bring your spouse? Let’s talk timeline and process.
What is LMIA and do I need one for permanent residency?
Labour Market Impact Assessment – proof your employer needs you because no Canadians were available.
For work permits: Most employer-specific permits need one. Your employer advertises for 4+ weeks, interviews Canadians, proves they tried hiring locally. Costs them $1,000 and timing varies a lot.
For PR: You don’t need one, but it helps.
In Express Entry, an LMIA-backed job offer gives you 50-200 extra points depending on the job. That can be the difference between waiting forever and getting invited next draw.
Work experience from an LMIA permit counts toward Canadian Experience Class – that might be your actual PR path, not the LMIA itself.
LMIA-exempt permits (CUSMA, intra-company, etc.) – your work experience still counts for CEC even without an LMIA.
Common confusion: People think their employer has to sponsor their PR. Usually no – after a year of work, you apply independently through Express Entry. Your employer doesn’t need to be involved.
(Some provincial programs do need employer support though.)
Confused about LMIA? We’ll break down what makes sense for your situation.
I got refused. Can I appeal or reapply from inside Canada?
Depends what got refused and where.
Applications from outside Canada (visitor, study, work):
- No formal appeal
- Can request reconsideration (rarely works)
- Judicial Review at Federal Court (60 days usually)
- Or submit a new application fixing the problems
Applications from inside Canada:
- Study/work refusals: Judicial Review (15 days usually)
- PR refusals: Judicial Review (deadline varies)
- H&C refusals: Judicial Review (15 days)
Family sponsorships and inadmissibility:
- Some have Immigration Appeal Division rights (30 days)
- Permanent residents facing loss of status may have appeal rights
Judicial Review isn’t an appeal – the court checks if the decision-maker made a legal error. If yes, they send it back for reconsideration.
Deadlines are from when you receive the decision. Miss them = you lose your chance.
Honest talk: Judicial Review is expensive ($5,000-$15,000+ in legal fees). Sometimes a new application that fixes the issues is smarter and cheaper.
We represent clients at all court levels, but we’ll tell you if fighting makes sense or if a new application is better.
Just got refused? Contact us now – deadlines are tight and we need to assess your options fast.
Can I get an open work permit while I'm already in Canada?
Only if you fit specific categories.
Spousal Open Work Permit: Spouse has skilled work permit or is full-time student at public institution.
Post-Grad Work Permit: Just finished studies. Apply within 180 days. One-time only.
Bridging Open Work Permit: Applied for PR, current work permit expiring. Valid 12-24 months.
Vulnerable Worker: On employer-specific permit, experiencing abuse.
TRP holders: Issued Temporary Resident Permit on humanitarian grounds.
You can’t get one just because your closed permit is ending or you want flexibility.
Cost: $255 ($155 work permit + $100 open permit holder fee)
Strategy: If you want more flexibility, focus on PR. Once you apply for PR, then you can get a Bridging Open Work Permit.
Think you qualify? Let’s review your situation.
I lost my status in Canada. What do I do?
Act fast – 90 days to fix it.
If your permit expired and you didn’t apply for extension, you’re here illegally. Stop working/studying immediately.
Count the days since expiration. Under 90 days? Apply for “restoration of status.”
Requirements:
- Under 90 days since expiration
- Explain why it happened
- Apply for same permit type
- Pay $229 restoration fee + regular permit fee
- Still meet eligibility
During restoration: You can stay but can’t work or study. No legal protection. Just waiting.
Approved? You’re legal again. Refused or miss 90 days? You have to leave Canada.
Common mistakes:
- Students thought implied status meant keep studying (no)
- Workers thought they could work while waiting (not if you didn’t apply)
- Visitors overstayed without extending
Pending PR? This gets complicated. Maybe eligible for restoration based on PR application – need legal advice.
Prevention: Set reminder 4-5 months before expiry. Apply early. Late is better than never.
Lost status or about to? Contact us today – that 90-day clock is running.
Canadian Immigration News
Our Toronto Immigration Professionals are here to assist you throughout the process.
Toronto Immigration Services ensures that all stages are completed to professional standards.
