Updated on August 19, 2026 by canadian immigration experts
Quick answer
Our office is at 1110 Finch Ave W #406, Toronto, ON M3J 3M2, in the York University Heights area of North York. Our team runs four kinds of file from there: Federal Court mandamus for stalled IRCC applications, Immigration Appeal Division appeals, spousal sponsorship, and business immigration. Consultations are available in English, Russian, Farsi and Spanish.
Jane Katkova & Associates is an immigration consulting and legal services practice, based in North York since 1995.
What does an immigration practice in North York handle?
Four problems account for most of the work: an application IRCC has not decided, a refusal carrying a right of appeal, a family sponsorship, and a business route to permanent residence. Each has its own forum, deadline and evidence.
No decision yet points to a writ of mandamus in Canada at the Federal Court. A decision you disagree with points to an appeal or to judicial review. Our Canadian immigration litigation work covers both sides of that line.
| What has gone wrong | Usual remedy | Decided where | Key rule |
|---|---|---|---|
| IRCC has not decided, and the delay is unreasonable | Mandamus, filed as an Application for Leave and for Judicial Review | Federal Court, 180 Queen Street West | s. 18.1 Federal Courts Act; s. 72 IRPA |
| An outland family sponsorship was refused | Sponsorship appeal | Immigration Appeal Division, 74 Victoria Street | s. 63 IRPA; 30 days from the refusal |
| A permanent resident fell short of 730 days in 5 years | Residency obligation appeal | Immigration Appeal Division | s. 28 IRPA; 60 days from abroad |
| A refusal with no appeal right, including s. 64 IRPA cases | Judicial review | Federal Court | Reasonableness, Vavilov 2019 SCC 65 |
| You want a business route to permanent residence, or to move a manager into a Canadian entity | Start-Up Visa, intra-company transfer, or a provincial entrepreneur stream | IRCC and the province, not a court | Letter of Support and CLB 5 for the Start-Up Visa; C12 LMIA exemption for transfers |
What happens at a first consultation in North York?
Bring the full application, every IRCC letter and portal message, your GCMS notes if you have them, and the date each step happened. You should leave 1110 Finch Ave W #406 knowing which forum applies, what the deadline is, and what evidence is missing. Fees vary with complexity, so ask for a written quote.
Which languages can we take instructions in?
Our team works with clients in English, Russian, Farsi and Spanish. North York holds the largest Russian-speaking community in the Greater Toronto Area, along the Bathurst Street corridor and north into Thornhill. Willowdale, on Yonge Street, has a large Farsi-speaking Iranian community, and the Jane and Finch and Keele Street neighbourhoods a long-established Spanish-speaking one. Sworn statements and hearing evidence must survive translation intact.
What are the first steps on a stalled file versus a refusal?
A stalled file starts with a written demand to IRCC. A refusal starts with a deadline you cannot miss: 30 days to file the Notice of Appeal with the IAD. On the mandamus track the sequence is typical, never guaranteed:
- Written demand to IRCC to decide, then a reasonable time to comply, commonly about 30 days.
- File the Application for Leave and for Judicial Review, Form IR-1, in the Federal Court.
- IRCC serves the certified tribunal record; the applicant’s record follows within 30 days of the leave application.
- Many files settle, because IRCC finalises the decision once litigation starts.
Mandamus compels a decision; it does not force IRCC to approve your application. An appeal can change the outcome outright, because the panel hears the case fresh, allows new evidence, and can grant relief on humanitarian and compassionate grounds under s. 67(1)(c) IRPA, including the best interests of a child directly affected. That is where how to appeal to the Immigration Appeal Division begins.
One limit is checked before anything else. Under s. 64 IRPA there is no appeal to the IAD for a foreign national found inadmissible for serious criminality, meaning a sentence of 6 months or more, or for organised criminality, security, or human or international rights violations. Those files go to the Federal Court by judicial review instead. Weighing a delay against an appeal starts with mandamus vs IAD appeal.
Do you have to travel downtown for a hearing?
Usually not. Immigration and Refugee Board hearings at the Immigration Appeal Division are frequently held by videoconference, so a client is often heard without attending 74 Victoria Street. Federal Court matters at 180 Queen Street West are largely documentary, and mandamus files often end before a hearing.
Which parts of the Greater Toronto Area do we act for?
We act across the GTA from the North York office, most steps handled remotely:
- immigration mandamus lawyer in Mississauga
- IAD appeal lawyer in Brampton
- spousal sponsorship lawyer in Scarborough
- immigration appeal lawyer in Vaughan
- business immigration lawyer in Markham
- immigration mandamus lawyer in Richmond Hill
- immigration appeal lawyer in Etobicoke
- spousal sponsorship lawyer in Thornhill
- immigration lawyer in downtown Toronto
What about sponsorship and business files?
Choosing an inland or an outland application decides whether you keep a right of appeal, and refusals under s. 4 IRPR turn on whether the relationship is genuine or was entered into primarily for immigration purposes: see spousal sponsorship in Canada. Business immigration to Canada runs mainly through Start-Up Visa Canada, intra-company transfers under the C12 LMIA exemption, and provincial entrepreneur streams. The owner-operator LMIA exemption ended in 2021, and IRCC paused Self-Employed Persons Program intake in 2024. Permanent residents who spend long periods abroad should read the residency obligation appeal page before travelling.
Talk to our North York team
Bring your refusal letter and your timeline. We will tell you the forum and the deadline.
Frequently asked questions
Where exactly is your North York office?
1110 Finch Ave W #406, Toronto, ON M3J 3M2, on Finch Avenue West in York University Heights. It is the practice’s only office.
Can I have my consultation in Russian, Farsi or Spanish?
Yes. Our team takes instructions in English, Russian, Farsi and Spanish, reflecting the communities around the office: Russian speakers along Bathurst Street, Farsi speakers in Willowdale, and Spanish-speaking families near Jane and Finch.
My spouse applied from inside Canada and was refused. Can I appeal to the IAD?
No. A right of appeal to the Immigration Appeal Division attaches to a refused outland sponsorship, processed through a visa office. An inland refusal is challenged instead by judicial review in the Federal Court. That difference is worth deciding before you file, not after a refusal arrives.
Is the Self-Employed Persons Program still an option for me?
Check its current status before planning around it. IRCC paused new intake to the Self-Employed Persons Program in 2024. The dedicated owner-operator LMIA exemption ended in 2021, so a business owner now generally looks at a regular LMIA with genuine recruitment, an intra-company transfer, the Start-Up Visa, or a provincial entrepreneur stream.
How long do I have to appeal a refused sponsorship?
30 days from receipt of the written refusal to file the Notice of Appeal with the IAD under s. 63 IRPA. Residency obligation appeals from outside Canada have 60 days.
Do I need to live in North York to instruct you?
No. Clients across Toronto, Mississauga, Brampton, Vaughan and Markham instruct us from the North York office, because documents move electronically and IAD hearings are frequently held by videoconference.
Disclaimer: This article is general information about Canadian immigration law and procedure, current as of 2026. It is not legal advice and no solicitor-client or representative-client relationship is created by reading it. Deadlines and requirements change, and the right remedy depends on the facts of your file. Speak to a qualified immigration professional about your own circumstances before acting. Jane Katkova & Associates has advised clients on Canadian immigration matters since 1995.
