If you applying to become a temporary or permanent resident in Canada, learning that your application has been refused can be devastating.
Fortunately, you may have recourse. An immigration officer’s decision to refuse an application may be challenged if the decision was wrong in fact or in law, or unreasonable with regards to the facts at hand and the quality of the file presented to the officers. Depending on the facts of the case, it can also be a rightful decision, but one that can be overturned in light of humanitarian considerations.
All decisions taken by Immigration, Refugees, and Citizenship Canada that affect an application can be presented to the Federal Court, which will first decide if the case merits a hearing (prima facie unreasonable) or if it raises an important question of Law. An example of this could be a work or study permit application that is refused despite substantial evidence that could favor its approval.
A lawyer from our offices can help you assess whether the refusal meets the threshold for judicial review, or whether it may be advisable to reapply with additional information.
The refusal of an application for permanent residence can also be contested before the Immigration Appeal Division, in the case of refused sponsorships, for example. The refusal of an application for permanent residence can also be contested before the Federal Court, as would be the case for a refused skilled worker application.
If warranted in your particular situation, we can do the following:
- Reconsideration letters. If the refusal was based on an error in fact or in law, and/or if that decision was not in accordance with the principles of procedural fairness, we will write to the program manager of the Canadian Visa Office in question to point out the errors and to request a reconsideration of the refusal.
- If no response is received or a negative response is received, we can seek the appropriate legal proceedings if the case appears to be worth pursuing:
Note 1: For applications rejected by Immigration, Refugees, and Citizenship Canada at the federal level, recourses are usually presented before the Immigration Appeal Division of the Federal Court.
Note 2: For applications rejected by the Ministère de l’immigration, de la Diversité et de l’Inclusion (Quebec only, for permanent immigration applications), recourses are usually presented before the Tribunal administratif du Québec or the Superior Court of Quebec.
For more information, please contact us.
If you plan to go abroad, you should purchase the best travel insurance you can afford before you leave Canada. Your travel insurance should include health, life and disability coverage that will help you avoid large expenses, such as the cost of hospitalization or medical treatment outside Canada. If you are flying, being insured for flight cancellation, trip interruption, lost luggage and document replacement will save you from major disruptions and additional costs. If you are travelling by car, make sure you have driver and vehicle coverage in case you have an accident abroad.
You can purchase travel insurance through your travel agent, insurance broker or your employer’s insurance provider. Your credit card company may also offer travel and health insurance. Regardless of how you obtain travel insurance, it is very important that you understand the eligibility requirements, terms and conditions, limitations, restrictions and exclusions of the policy.
Why you need travel insurance
Your Canadian insurance is almost certainly not valid outside Canada. Your provincial or territorial health plan may cover nothing or only a very small portion of the costs if you get sick or are injured while abroad. For more information, contact your provincial or territorial health authority. Hospitals and clinics in some countries have been known to refuse to treat patients who become ill or who have had an accident and who do not have adequate travel health insurance or the money to pay their bills. You could face years of debt paying off the costs of treatment for an illness or accident you suffered abroad. The Government of Canada will not pay your medical bills.
Young travelers may think they don’t need insurance because they’re young and healthy. But accidents do happen. While walking along a beach on a Caribbean island, a Canadian tourist in her early 20s had an accident that seriously damaged her spine. Her family had to raise funds to pay for her medical evacuation.
Travel advisories and insurance policies
No matter where in the world you intend to travel, make sure you check the Travel Advice and Advisories twice, once when you are planning your trip and again shortly before you leave. If a Travel Advisory is issued for your destination, after you make your travel arrangements but before or during your trip, it may affect your travel health insurance or trigger your trip cancellation insurance. Make sure you understand any terms and conditions in the policy regarding travel advice and advisories from the Government of Canada.
Some insurance companies will not honor medical claims made for injuries suffered in a country for which the Government of Canada has issued an official Travel Advisory. Coverage for injuries resulting from war may also be limited. Insurance policies often have exclusion clauses stipulating regions and/or activities that will not be covered.
Selecting travel health insurance
Carefully research your needs and verify the terms, conditions, limitations, exclusions and requirements of your insurance policy before you leave Canada.
When assessing a travel health insurance plan, you should ask a lot of questions. Does the plan provide continuous coverage for the duration of your stay abroad and after you return? Does it offer coverage that is renewable from abroad and for the maximum period of stay? Does the company have an in-house, worldwide, 24-hour/7-day emergency contact number in English and/or translation services for health care providers in your destination country? Does it pay for foreign hospitalization for illness or injury and related medical costs and provide up-front payment of bills or cash advances, so you don’t have to pay out of your own pocket?
Be sure to ask whether the plan covers pre-existing medical conditions. Ask the company to explain the definition, limitations and restrictions of any pre-existing conditions and tests and treatments you may have undergone.
And ensure that the plan provides for medical evacuation to Canada or the nearest location with appropriate medical care and pays for a medical escort (health care provider) to accompany you to and from your destination.
Ensure that deductible costs are clearly explained in the plan. Plans with 100-percent coverage are more expensive but may save money in the long run. The plan could cover health care provider visits and prescription medicines, or emergency dental care or emergency transportation, such as ambulance services. Check whether it excludes or significantly limits coverage for certain regions or countries you may visit.
Finally, ensure that the plan covers the preparation and return of your remains to Canada if you die abroad.
Gabrielle had insurance that lapsed three weeks before she was involved in an accident. Her Canadian family had to raise $300,000 over a three-day period to cover the costs of medical treatment and evacuation. Fortunately, she survived, but her family is left with a hefty debt to repay.
Why do I need business insurance?
Your business may have many assets: vehicles, office space and equipment, inventory, an indispensable employee or partner, and, most importantly, yourself. To protect these assets and to protect your business from potential risks, you should consider getting insurance.
All businesses take some risks but taking too many risks or failing to protect yourself does not make good business sense. Could your business survive if one of the partners dies or becomes disabled? Would you have enough cash on hand to deal with any business emergency that could arise? In many cases, the answers to these and other questions about risk is "no".
This document will help you understand the different types of insurance that are available to protect you and your business from potential liability.
Types of insurance
Insurance needs vary greatly, and it is best to get advice from an insurance broker or agent who is familiar with your specific type of business. Below are different types of insurance that may apply to your business.
Insurance for owners, partners, and key employees
The loss of a key person can devastate your business and your livelihood. These types of insurance can help protect your business and your family from potential risks:
- Life insurance
- Disability insurance
- Partnership insurance or buy-sell insurance
- Critical illness insurance
- Key person insurance
Speak to your accountant to find out which of these are deductible as business expenses and which ones you will need to pay for yourself as an individual.
Insurance for business property and earing
You need to protect your assets and earnings if a disaster or emergency destroys part or all your business premises and assets. This could include:
Property insurance - Property insurance will cover the property and buildings owned by your business in the event of destruction or damage due to things like fire and other perils.
Contents insurance - This covers asset that you store at your business premises. If you are leasing space for your business, the owner of the property probably has property insurance, but you are likely responsible for your own content’s insurance. If you run your business out of your home, you will likely need separate contents insurance for your business assets.
Business interruption insurance - If you need to shut down your business temporarily due to a fire or other peril, business interruption insurance will cover your loss of earnings until you are back in business.
Vehicle insurance - You will need to insure any vehicles that your business owns. If you use personal vehicles for business purposes, be sure to advise your insurance company.
Liability insurance
Mistakes happen. You, your employees, your equipment, or your suppliers could be the cause of mistakes that ultimately end up hurting your customers, your employees, or other people who are involved with your business. To protect your business from being sued, you should consider these types of insurance to limit your liability:
General liability - Covers injury to clients or employees on your premises
Product liability - Provides protection in the event that your products are defective or cause serious harm to those using them
Professional liability insurance - Provides protection if you are sued by a client for errors, omissions, or negligence when performing professional services
Cyber liability - protects in the event of a lawsuit stemming from an electronic security breach involving compromised personal or commercial information. Can include situations relating to the theft of devices containing organizational, client, employee, or similar data.
Get the right insurance for your business
Making sure you have the correct business insurance can provide peace of mind. To discuss your business insurance options, contact an insurance representative to find or develop a plan that is right for you and your business. You may also wish to contact your local chamber of commerce or industry association, as some organizations offer members lower rates on their business insurance.
What is Long term Insurance?
Long term care insurance can provide coverage if you become unable to care for yourself and need assistance to manage daily living activities.
Long term care isn't just for seniors. You may become unable to care for yourself for 90 days or more at any point in your life. Long term care insurance can cover some of the costs of a care facility or a caregiver in your own home following an accident or illness.
Many long-term care facilities and home-care services receive public funding. However, most also charge co-payments or extra fees for additional services that aren't provided under the long-term plan.
To qualify for benefits, most plans state you must be incapable of performing two or more activities of daily living by yourself, such as bathing, dressing, or eating.
To receive benefits, you have two options:
- be reimbursed for eligible expenses that you may have on a given date, up to a pre-determined maximum
- receive pre-determined monthly payments
You'll typically have to wait 30 to 90 days after becoming disabled before you get benefits. Some additional conditions and restrictions may apply.
What is Disability Insurance?
Disability insurance can help protect you and your family from an unexpected illness or accident that leaves you unable to work and earn an income.
Generally, disability insurance replaces between 60% and 85% of your regular income, up to a maximum amount, for a specified time if you:
- temporarily can't work
- are permanently disabled due to an injury or illness
Permanent refers to the nature of the disability. It does not mean that you'll get benefits for the rest of your life.
Many employers offer disability insurance. However, you can get your own disability insurance plan through a life and health insurance agent.
If you're self-employed, you can also get disability insurance that will cover many of your business expenses if you're unable to work.
what to consider when buying disability insurance
If you're considering disability insurance, make sure you:
- check with your employer to see if you already have group disability coverage with your employer's plan
- shop around, especially if you're considering private disability insurance
Consider group insurance offered through a union, guild, or professional or alumni association. Premiums for this type of coverage usually increase as you get older. You'll need to renew your insurance every few years.
Definition of disability
The definition of a disability can vary between insurance companies. The definition can even vary between different insurance plans from the same company.
Some disability plans may also require you to take part in a rehabilitation program if they can help you get back to work.
Check with your insurance plan administrator or insurance agent to learn your plan’s definition of disability.
Any occupation
The definition of “any occupation” plan means you'll receive disability benefits only if you're unable to work at all. This means your illness or injury prevents you from performing the duties of any job for which you're reasonably suited.
You don't qualify for benefits if you can work in a different job from the one you had before your disability, based on your training, experience, and education.
Regular or own occupation
The definition of "regular or own occupation" plan means you'll receive benefits if you're unable to perform the main duties of the job you had at the time the disability started.
You'll still receive benefits even if you can work in a different job from the one you had before your disability, based on your training, experience, and education. Some policies don't allow you to get benefits, or may reduce your benefits if you begin working in a different job.
In group policies, it's common that policies have regular or own occupation plans for a specified period. At the end of the specified period, usually after the first 2 or 5 years, the disability policy will often change to any occupation definition.
Own occupation plans that never change in the definition are often purchased individually and usually cost more than any occupation plans.
You may want to consider your own occupation plan if you have a specialized occupation that would require you to take a significant pay cut in order to work in another field.
Disability insurance benefits and taxes
Generally, if you pay the entire amount of the disability premium yourself, your disability benefits will be tax-free. This may bring your income while on disability closer to your current take-home pay.
What is credit or loan insurance?
Credit or loan insurance provides coverage that may help you pay off your loan or make your loan or credit card payments in the event of job loss, critical illness, accident, or death.
Credit or loan insurance is usually offered at the time your mortgage, line of credit, credit card, or loan is being approved. You can also sign up for it later.
This type of insurance is also known as:
- creditor insurance
- balance protection insurance
- balance insurance
- debt insurance
Credit or loan insurance is a separate product from a loan or credit card. You do not have to take this insurance to be approved for a loan or activate your credit card.
Not all credit and loan products will offer the same type of insurance coverage. For example, you may be able to get life insurance and critical illness insurance coverage on a line of credit, but not disability insurance.
Compare insurance coverage and cost with the coverage you may have through an individual plan or your employer in case of death, critical illness, disability, or job loss. You can also compare the coverage offered by other insurance products, such as term life and health insurance.
Types of credit or loan insurance
Depending on the product you’re getting insurance for, there will be different types of insurance coverage available.
Life insurance to pay off credit or loans
This type of life insurance can cover the remaining amount of your loan in the event of your death. Your insurance company will use the death benefit to pay down or pay off the remaining balance on the loan, up to a maximum amount outlined in the certificate of insurance. The money from your death benefit will go to your creditor. The money won't go to your family or beneficiaries.
Critical illness insurance on credit or loans
This type of insurance can help to pay off or pay down the remaining balance on your credit or loan if you're diagnosed with one of the critical illnesses specified in your certificate of insurance.
Disability insurance on credit or loans
This type of insurance can help to ensure that the regular payments on your loan or credit card will be made for a certain period if you become ill or have an accident that leaves you unable to work and earn an income. It generally doesn't pay off the full outstanding balance of your loan.
Getting credit and loan insurance
You usually get credit or loan insurance at the same business where you get your loan, line of credit, credit card, or mortgage.
This includes:
- banks
- credit unions
- mortgage brokers
- car dealers
- stores that offer credit cards
Eligibility for credit or loan insurance
To find out if you’re eligible for credit or loan insurance, you usually need to:
- be above the minimum age to qualify, usually 18 years old
- be under the maximum age to qualify, often between 65 and 70 years old
- respond to a short health questionnaire of ‘yes’ or ‘no’ questions.
Based on your answers to the health questionnaire, you may be approved right away, or you might need to take a medical exam before you can be approved.
Your insurance won’t be valid if you do not provide accurate answers to this questionnaire. This means a claim won’t be paid, even if you’ve paid premiums. Take your time in answering the questionnaire carefully and truthfully. Understand if you’re eligible for coverage and ask questions if you have any. Take the documents home with you or consult with a medical professional if needed.
You may lose your coverage if:
- you’re over your credit limit
- you owe any payments that are past the due date
- you have recent dishonored payments on your account
Dishonored payment happens if an automatic payment does not go through because you've reached your credit limit.
Keep in mind that after you make a claim, the insurance company that provides insurance can more fully investigate. They do this to make sure you answered the questions on the application accurately and that you met the eligibility requirements to apply that are included in the terms and conditions in the certificate of insurance. If you didn’t answer the questions on the application accurately, or the circumstances of your claim don’t meet the terms and conditions, the insurance may not be valid, and your claim may not be paid.
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