IMMIGRATION LAW

Crossley Law provides a full range of immigration representation. Whether you want to remain in Canada on a temporary or permanent basis, the Law Office of Adela Crossley is here to help you realize your goal of obtaining legal status in Canada. Ms. Crossley has appeared before the Federal Court of Canada on numerous occasions advocating for the rights of refused refugee claimants. Our firm believes that it can be the voice of new immigrants seeking to achieve a better life for themselves and their families here in Canada. 

With the ever-evolving area or Refugee Law, and ongoing changes to Canada’s Immigration programs, it is more critical than ever to seek expert legal advice, in order to understand the new immigration landscape being implemented by the Canadian Government. The team at Crossley Law is here to help you navigate the changing immigration laws and to tailor for you the most appropriate way to gain legal status in Canada, whether this may be by way of a sponsorship, a refugee claim, a humanitarian application or via a business application. 

At Crossley Law, we take the time to assess each client’s personal situation in order to decide which application is best suited for success and we work continuously with our clients throughout the immigration process. 

SERVICES OFFERED

We offer a wide variety of services covering the full spectrum of immigration law areas, in several languages. 

Citizenship

  • Assistance with applying for Citizenship

  • Citizens Born Abroad

  • Dual Citizenship 

Permanent Residence

  • Family Class

  • Skilled Workers

  • Canadian Experience Class

  • Provincial Nominee Program

  • Business Immigration

  • Humanitarian and Compassionate Grounds

Temporary Residence

  • Temporary Resident Visa 

  • Work Permit

  • Study Permit

  • Temporary Resident Permit

Immigration and Refugee Board Hearings

  • Detention Review Hearings

  • Admissibility Hearings

  • Sponsorship Appeals

  • Deportation Appeals

Federal Court Applications

Judicial Review of negative immigration decisions, such as Refugee decisions, Pre-Removal Risk (PRRA) Decisions, in-land spousal sponsorship decisions, etc.

  • Stay of Removal

Refugees and Protected Persons

  • Applying from outside Canada

  • Applying from within Canada

  • Sponsoring a Refugee (Group of Five, etc.) Pre-Removal Risk Assessment

Permanent Residence

  • Federal Skilled Worker 

  • Canadian Experience Class 

  • Express Entry 

  • Family Law 

  • Federal Skilled Trades 

  • Humanitarian and Compassionate Grounds 

  • Live in Caregivers 

  • Provincial Nominee Programs

 

Provincial Nominee Programs 

Persons who immigrate to Canada under the Provincial Nominee Program have the skills, education and work experience needed to make an immediate economic contribution to the province or territory that nominates them. They are ready to establish themselves successfully as permanent residents in Canada. 

To apply under the Provincial Nominee Program, applicants must be nominated by a Canadian province or territory. Most provinces in Canada have an agreement with the Government of Canada that allows them to nominate immigrants who wish to settle in that province. If you choose to immigrate to Canada as a provincial nominee, you must first apply to the province where you wish to settle and complete its provincial nomination process. The province will consider your application based on its immigration needs and your genuine intention to settle there. 

Here is a list of the provinces and one territory currently participating in this program. Since the criteria vary among the provinces, you should visit their websites for more information. 

After you have been nominated by a province or territory, you have to make a separate application to Citizenship and Immigration Canada (CIC) for permanent residence. A CIC officer will then assess your application based on Canadian immigration regulations. 

You will have to pass a medical examination and security and criminal checks. 

You must also show that you have enough money to support yourself and your dependants after you arrive in Canada. 

Provincial nominees are not assessed on the six selection factors of the Federal Skilled Workers Program. 

If you believe you have the necessary requirements to commence the Provincial Nominee Program application, you may contact Crossley Law with a request for assistance, indicating in which Provincial Nominee Program you are interested and why you believe you qualify. We will then confirm your eligibility based on the information you have provided, and if we are satisfied you can proceed, we will send you our agreement and payment instructions for assistance with the Provincial Nominee Program.

 

Family Sponsorship 

The spousal sponsorship program is part of Family class immigration. Under this program, a Canadian Citizen or Permanent resident may sponsor a spouse or common-law partner for Canadian Permanent residency. The Canadian government allows citizen and permanent resident of Canada to sponsor members of the family class, but it requires that arriving immigrants receive care and support from their sponsors.
In Order to receive a visa through this immigration program both parties sponsor and sponsored must be able to prove their relationship and should be under one of the three categories:

  • Spouse
    Means that Sponsor and sponsored person are legally married and have legal document to support their claim  

  • Common Law Partner
    In a Common-law relationship both parties should live together continuously for at least 1 year excluding brief absence of business or family reasons 

  • Conjugal Partner
    A conjugal partner is a foreign nation residing outside Canada who is in a conjugal relationship with a sponsor for at least 1 yea but could not live with the sponsor as a couple.

NOTE: Canada recognizes same-sex marriage, and same-sex partners may be eligible to apply under any of the above three categories, provided they meet all eligibility requirements.

 

Requirements for Spouse or Common Law partnership

Requirements for Sponsor

Requirements for Sponsored person

 

  • Must be at least 18 years of age

  • Must be Canadian Citizen or Permanent resident

  • Must not  have spouse sponsored in last 5 years

  • And should have clean record of offense nor should be in Bankruptcy

  • Must be of legal age to get married

  • Must be able to have clean record of offense in home country

  • Should be medically healthy

 


This sponsorship program allows a Canadian citizen or permanent resident to sponsor his or her spouse/common-law partner for permanent resident status, regardless of where the spouse is currently residing.


There are two parts to the spousal sponsorship application 

  1. The Canadian or Permanent resident applies to sponsor his or her spouse or common-law partner; and

  2. The spouse or common-law partner applies for Permanent residence
     

Outland Sponsorship Program

The outland sponsorship route is generally chosen when the sponsored person is living outside Canada. However, it is possible for a spouse or common-law partner living in Canada to apply through the outland program. This option may permit the sponsored person to travel in and out of Canada throughout the application process but it’s always discretion of Canadian immigration authority to decide whether the sponsored person may re-enter Canada or not.

Outland application is processed through the visa office that serves the applicant’s country of Origin or where they have resided legally for at least one year. In the case of spousal and common-law partner sponsorships, IRCC committed to issuing visas as quickly as possible in order to rapidly reunite families.
 

Inland Sponsorship Program
Inland sponsorship category, the foreign spouse/common-law partner must have legally entered in Canada. If the sponsored person already has a work or study permit, he or she may continue to work or study as long as the permit is valid.

Inland application generally takes longer as compared to the outland, however person being sponsored through the inland program may be eligible to get an open work permit while his or her application is being processed.  If there is a need for an interview than IRCC will notify in written of the date, time and location of the interview and all documents which are required.

No Matter which program applicant choose but they have to meet specific requirement in order to be considered eligible

For more information regarding spouse sponsorship and to help in filling application feel free to Contact Crossley Law.

 

Live in Caregivers 

As of December 3, 2017, caregivers and their families will be reunited and the inventory of Live-in Caregiver Program (LCP) applications will be largely eliminated by the end of 2018. The commitments the government has made today will mean that many Live-in Caregiver Program applicants, who have faced long delays and family separation, may soon reach their goal of permanent residence.

What is the goal of Live-in Caregiver program?

The Live-in Caregiver Program provided foreign nationals with at least two years of full-time, live-in employment as a caregiver in Canada with a direct pathway to permanent residence. The program was closed in 2014, but thousands of caregivers who were working in Canada were given an extended opportunity to apply for permanent residence.

 

PR processing time for this category:

The main goal is to finalize 80% of applications for permanent residence submitted on or before Oct. 1, 2017, by caregivers and their family members through the LCP.

“The commitments the government has made today will mean that many Live-in Caregiver Program applicants who have faced long delays and family separation may soon reach their goal of permanent residence,” said Canada’s Immigration Minister, Ahmed Hussen. “After diligently providing care for Canadians, they may soon be in the company of their own loved ones, together in Canada.”

Immigration, Refugees and Citizenship Canada (IRCC) dedicated additional resources to process LCP applications and encourage caregivers and their family members to submit any documents that were missing from their applications.

As many as 6,000 more applications for permanent residence under the LCP could still be submitted, IRCC says. As of Oct. 1, 2017, the number of caregivers and their family members waiting for their applications to be finalized had been reduced by 63 per cent.

The IRCC is planning to finalize 5,000 more cases than originally planned by the end of 2017. This surge will allow IRCC to welcome 20,000 new permanent residents in the caregiver category in total this year, reaching the high end of the target range as set out in the 2017 levels plan.

Having taken these steps, IRCC is committing to:

Finalizing a minimum of 80% of the cases that were in the LCP inventory as of October 1, 2017 by the end of 2018;

Processing 80% of new, complete LCP applications submitted on or after October 1, 2017 within 12 months; and

Admitting high numbers of LCP caregivers and their family members as permanent residents until the remaining cases are processed.

 

LMIA Developments:

Developments are expected soon on the proposal to eliminate the $1,000 Labour Market Impact Assessment(LMIA) fee for Canadian families seeking to hire a foreign caregiver to provide care to a person with high medical needs and for Canadian families with an income less than $150,000 seeking to hire a foreign caregiver to provide childcare. Waiving this fee will help support Canadian families meet their caregiving needs.

LMIA is a document an employer in Canada might need to get before hiring a foreign worker. A positive LMIA shows that there is a need for a foreign worker to fill the job. A positive LMIA is also sometimes referred to as a “confirmation letter.”

If you need help processing your immigration files, contact us for a consultation.

 

Express Entry 

The Express Entry Program, introduced in January 2015, is a program utilized by many individuals to obtain Canadian Permanent Residence. This program has replaced previous permanent residence categories aimed at skilled immigrants and was created to improve the efficiency of Canadian skilled immigration programs.

Currently, the Express Entry Program utilizes an online system through the government website for application completion and submission. The objective of this program is to improve the overall application process, and effectively select candidates who are likely to settle in Canada successfully and contribute to Canadian labour market demand.

Are You Eligible for Express Entry to Canada?

To be eligible for the Express Entry Program, applicants must qualify under one of the following immigrant categories:

  • The Canadian Experience Class - For those with work experience within Canada.

  • The Federal Skilled Worker Program - For those with work experience outside Canada.

  • The Federal Skilled Trades Program - For those with work experience in skilled trades.  
     

Two Steps in Express Entry Immigration Process

If you meet the qualifications for the Express Entry Program, you will be required to complete the following steps:

  1. Complete and submit an online profile; and

  2. Once you receive an invitation to apply (ITA) from Immigration, Refugees and Citizenship Canada (IRCC), complete your application for Permanent Residence within 90 days of your ITA.
     

How we can help you Immigrate to Canada through Express Entry:

The most important aspect of the Express Entry Program is to provide complete and accurate information/documentation and get an ITA. Without an invitation, you are unable to apply for permanent residence through the Express Entry Program. In order to receive an invitation, you have to be selected from a pool of applicants who are competing for an invitation.

Our job is to make your profile STAND OUT from the crowd. We will assess your case, highlight the best aspects of your application, and make sure that you have obtained the highest eligible score! This way, your chances of getting an invitation are maximized.

In addition, if you are selected, we are there to assist you with the complicated application process, including submitting your application in a timely manner for you to obtain your Canadian Permanent Residence.

 

Federal Skilled Worker 

On January 1, 2015, the Government of Canada implemented the Express Entry Immigration system under the Economic Class including the Federal Skilled Worker Program.

Under Express Entry, Federal Skilled Workers across 347 eligible occupations who meet minimum entry criteria, submit an expression of interest profile to the Express Entry Pool.  The profiles of candidates in the pool are ranked under a Comprehensive Ranking System.  The highest ranked candidates will be considered for an invitation to apply for permanent residence. Candidates receiving an invitation must submit a full application within a delay of 90-days.

Federal Skilled Workers are persons with suitable education, work experience, age and language abilities under one of Canada’s official languages and who are selected under the Express Entry Immigration system to apply for permanent residence.

 

To qualify for admission to the Express Entry Pool as a Federal Skilled Worker, applicants must meet the following conditions:

Essential Conditions:

  1. Possess one-year of continuous full-time paid work experience or the equivalent in part-time continuous employment within the previous 10 years in one of  eligible occupations listed under the applicable National Occupational Classification system; AND

  2. The work experience must be classified within Skill Type 0 (Managerial Occupations), Skill Level A (Professional Occupations), or Skill Level B (Technical Occupations and Skilled Trades) within the meaning of the National Occupational Classification system; AND

  3. Score sufficient points under the skilled worker point grid comprising of six selection factors. The current pass mark is 67 points;

  4. Undergo language testing from a recognized third party and demonstrate intermediate level language skills in English or French corresponding to the Canadian Language Benchmark of 7;

  5. Possess suitable settlement funding;

  6. Undergo a successful security background and medical examination.

  7. Kindly contact us so we may assess your candidacy under the Federal Skilled Worker Program.

Federal Skilled Trades 

 

Federal Skilled Trades Program 2018

The Canadian Federal Skilled Trades Program offers potential immigrants who are qualified in a skilled trade the opportunity to quickly become a permanent resident of Canada in an attempt to ensure that the country attracts and retains a skilled work force. The Canadian Government and Immigration Department developed the Federal Skilled Trades Program (FSTP) in 2013 in order to address the growing shortage of skilled workers in areas that were experiencing rapid growth due to the increasing strength of the economy. The economic immigration program was developed at the request of Canadian businesses and employers who were struggling to hire enough skilled workers to help them complete their work on time. The Canada Federal Skilled Trade Program now operates through the Canadian Express Entry immigration selection system.

Canada Federal Skilled Trades Program Eligibility:

There are a variety of different factors that affect an applicant's eligibility for the Federal Skilled Trades Program. Skilled Trade Program applicants are assessed on their predicted ability to establish themselves in Canada economically. 

 

Work Experience
The applicant must have at least 24 months of full-time experience (30+ hours per week) in the particular trade in the five years prior to the application being lodged. Part-time work that adds up to two years of full-time work also meets the requirements. This can be 24 months of working more than one job for a total of 30 hours/week, or a longer duration of part-time work (15+ hours each week) totalling 3,120 hours over a two-year period. 

Language Proficiency
Applicants who wish to reside in Canada through the Skilled Trades Program must demonstrate that they have at least an intermediate grasp of either English or French. This can be done by taking a test through the International English Language Testing System (IELTS) or Canadian English Language Proficiency Index Program (CELPIP) for English, or the Test d’Evaluation de Francais (TEF) for French. The applicant will be tested on all four parts of the chosen language: speaking, reading, listening and writing. The prospective immigrant needs to score above the minimum Canadian Language Benchmark (CLB) points in order to be found eligible for Federal Skilled Trades Class immigration. 

  • For IELTS, the 2018 Federal Skilled Trades Program Canada requires CLB 5 for speaking (5.0+) and listening (5.0+), and CLB 4 for reading (3.5+) and writing (4.0+)

  • For CELPI, the Federal Skilled Trades Program 2018 requires CLB 5 for speaking (5+) and listening (5+), and CLB for reading (4+) and writing (4+)

  • For TEF, the 2018 Canada Federal Skilled Trades Program requires NCLC 5 for speaking (226+) and listening (181+), and NCLC 4 for reading (121+) and writing (181+)

Please note: all language testing must be completed with an Immigration, Refugees and Citizenship Canada (IRCC) approved agency.

 

Permanent Job Offer or Skilled Trade Qualification
In the case of a permanent job offer, the applicant must be able to supply proof that they have been offered a full-time job in Canada that adds up to 30 hours a week or more. This can also be applicable to two part-time job offers that will cover 30 hours a week. 

If the applicant is qualified and holds a certification in their particular skilled trade, they do not necessarily need a job offer. Instead, the applicant needs to get hold of the regulatory body in the province or territory in which they intend to work, and through this provincial or territorial organization get their skilled trade qualifications certified. 

Please note: it is likely that the applicant will have to travel to the province or area in which they wish to reside to get the certification done. 

Satisfy Job Requirements

An applicant must be able to meet the requirements of one of the employment opportunities that is offered in the Federal Skilled Trades Program. There is a list of the possible jobs for applicants, and failure to meet either the relative certification or training for one of these jobs will result in failure to work in Canada through the program. We have listed all the eligible Federal Skilled Trades Program occupations below, as well as their National Occupational Classification (NOC) codes. 

Work Outside Quebec
Quebec has its own skilled immigration program called the Quebec Skilled Trades Program, therefore prospective immigrants who are qualified in a skilled trade and wish to work and settle in Quebec are not able to get through the Federal Skilled Trades Program and must instead apply to the relevant authorities in Quebec. The Federal Skilled Trades Program is only for prospective immigrants who wish to live and work in British Columbia (BC), Alberta (AB), Saskatchewan (SK), Manitoba (MB), Ontario (ON), New Brunswick (NB), Nova Scotia (NS), Prince Edward Island (PEI), Newfoundland (NL), or any of the Canadian territories. 

2018 Federal Skilled Trades Program Cap

The maximum cap for the Canada Federal Skilled Trade Program is 3000 successful applicants, but for many of the occupations a maximum sub-cap of 100 is applied. To qualify for the Skilled Trades Program an applicant must first be found eligible through various factors such as job offers, qualifications, language proficiency, and work experience. The employment opportunities are mainly found in the following sectors of the economy. 

Eligible occupation categories:

  • Industrial

  • Electrical and Construction

  • Maintenance and Equipment operations

  • Agriculture and Production

  • Processing

  • Transport

  • Manufacturing

  • Cooks and Chefs

  • Bakers and Butchers

Federal Skilled Trades Program Eligible Jobs List:

The following occupations, all of which are classified as National Occupational Classification (NOC) Skill Level B, are eligible for the Canada Skilled Trades Program. NOC Skill Type B jobs are skilled trades and technical jobs that typically require a college diploma or apprenticeship training. In general, prospective immigrants who are skilled in trades that are in high demand in Canada, such as welders, electricians, machinists, cooks, carpenters, mechanics and plumbers, are qualified for immigration to Canada through this program. We have listed all the eligible occupations for the Federal Skilled Trades Program Canada below, including the official NOC job code pertaining to each. To find out exactly which occupations are subject to a sub-cap of 100 participants, please contact us. 

How Does Federal Skilled Trades Immigration Help Canada?

Many industries in Canada, such as the Canadian construction and manufacturing sectors, have been unable to find enough skilled workers trained in skilled trades such as building, plumbing, welding and crane operations. The Canadian Federal Skilled Trades Program is designed to support the growing Canadian economy as well as offer a chance for foreigners, certified in specific trades, to settle down and become permanent residents in Canada while plying their trade. 

The Federal Skilled Trade Program has gone a long way to addressing the shortage of skilled labor found in Canada, and the numbers have already made a difference in many of the different sectors. The program aims to attract skilled workers from foreign countries to Canada, not just to work but also to settle and start growing a new skilled workforce that resides in the country. 

Applying for the Skilled Trades Program

The only way to apply for Federal Skilled Trades Class (FST) immigration is through the online Canada Express Entry system. The Citizenship and Immigration Canada (CIC) program gives skilled traders an opportunity to live and work in what has consistently been voted as the best place to live by the United Nations, while also allowing the Canadian economy to benefit from their relocation. Our Canadian immigration professional can help you apply for the Federal Skilled Trades Program via Express Entry with a highly optimized application. Federal Skilled Trades applications that contain any mistakes, even if it is just a small one such as an incorrect NOC code, may be denied by Immigration Canada without an opportunity for revision. Once officially accepted into the Express Entry Federal Skilled Trades Program, we can also help you apply to become a Canadian permanent resident. Applications for permanent residency in Canada are often processed in less than 6 months due to increased efficiencies offered by Express Entry. 

Creation of Federal Skilled Trades Program

In the past few years there has been an increasing number of foreigners looking to settle in Canada, and there are many reasons why this has been happening. Canada is extremely safe, has one of the best healthcare systems in the world, enjoys clean air and water, and has incredibly high education standards. There is also a high quality of life, growing job opportunities and a strengthening economy. 

Employment opportunities have been increasing steadily along with the economy, and it is this economic growth that prompted the development of the Skilled Trades Program. Canada has a distinct shortage of people who are qualified in specific trades, and the growing economy means expansion and building, which requires people skilled in trades. In particular there is a shortage in construction, transportation, manufacturing and service industries and the program was implemented to address this shortage and to attract and keep skilled workers in Canada. 

Labour Market Impact Assessment (LMIA)

Canada Federal Skilled Trades Program applications must be made using an NOC 2011 code. If your application is made using an NOC 2006 code, it must also include a Labour Market Impact Assessment (LMIA), which was previously known as a Labour Market Opinion (LMO). Regardless of which set of NOC codes you reference, your occupation must still correspond to an eligible 2011 NOC code in order for your CIC Express Entry Skilled Trades Canada application to be successful. Although the Skilled Trades Canada Program has no education requirement, potential immigrants can earn additional Comprehensive Ranking System (CRS) points in Express Entry by submitting their educational credentials. A Canadian post-secondary diploma or degree, or an equivalent foreign certificate combined with an Educational Credential Assessment (ECA) can increase a person's chance of receiving an Invitation to Apply (ITA) within the Express Entry system. 

 

Questions about the Federal Skilled Trades Program? Contact Crossley Law for a free consultation.

 

Canadian Experience Class 

Canadian Experience Class (CEC) is an excellent immigration program for Canada’s temporary foreign workers to become permanent residents.

The Canadian Experience Class allows foreign nationals who have been working in Canada for a period of one year to apply for permanent residence on the basis of their Canadian experience. In order to be eligible, applicants must have a minimum of one year of full-time skilled work experience in Canada in the three years before applying, meet certain language criteria, and plan to live outside of Quebec.

CEC applicants are processed through the Express Entry selection system. Eligible candidates must make an expression of interest in immigrating or remaining in Canada, create an online Express Entry profile, and receive an Invitation to Apply for permanent residence before they can make an application.

Canadian Experience Class Requirements

Applicants must meet the following minimum requirements to be eligible for this program. They must:

  • Have obtained at least one year of skilled, professional or technical work experience in Canada within 36 months prior to the application; and

  • Meet or surpass a Canadian Language Benchmark (CLB); both IELTS and CELPIP have different benchmarks depending on the level of the job; and

  • Plan to live and work outside the province of Quebec.

  • Applicants can remain in Canada throughout the application process while keeping their status active. The Canadian Experience Class is also open to individuals who are no longer in Canada, providing they submit their application within three years of leaving their job in Canada.

 

Below we have outlined the steps in the process of gaining Permanent Residency through Express Entry:

  1. Make an Express of Interest application by creating an online Express Entry Profile...

  2. Improve your profile and ranking under the Comprehensive Ranking System...

  3. Receive an Invitation to Apply for permanent residence in Canada...

  4. Complete medical, police clearances and submit completed application...

  5. Your application is reviewed by Immigration, Refugee and Citizenship Canada...

  6. Request for passports and the Right of Permanent Residence fee...

  7. Issuance of your Canadian Permanent Residency...

 

Humanitarian and Compassionate Grounds 

What are humanitarian and compassionate grounds? In essence, any foreign national who is inadmissible or who does not meet the requirements of the Act or Regulations may make a written request for consideration under A25(1).

You must clearly demonstrate that you would experience unusual and undeserved or disproportionate hardship if you were required to leave Canada. The cost and inconvenience of applying outside Canada is not considered a hardship. You must ensure that all circumstances you wish to have considered are identified and included in your application. You must also include any documents which you believe will support your statements. You are responsible for providing evidence in support of any statement you make on your application under humanitarian grounds. When reviewing your application, if applicable, the best interests of a child directly affected by the decision made on your application will also be taken into consideration. If you wish to have the best interest of a child considered, you must provide specific information and documents on how the child or children would be affected. Please note that the interests of a child do not outweigh all other factors in a case. The best interests of a child are only one of many important factors that will be considered when making a decision.

Concurrent humanitarian applications are not permitted. This means that you cannot submit a new H&C application if you already have one outstanding.
 

The Assessment of Hardship

Applicants may base their requests for humanitarian consideration on any number of factors including, but not limited to:

establishment in Canada;

  • ties to Canada;

  • the best interests of any children affected by their application;

  • factors in their country of origin (this includes but is not limited to: Medical inadequacies, discrimination that does not amount to persecution, harassment or other hardships that are not described in A96 and A97);

  • health considerations;

  • family violence considerations;

  • consequences of the separation of relatives;

  • inability to leave Canada has led to establishment; and/or

  • any other relevant factor they wish to have considered not related to A96 and A97.


With respect of the best interests of the child, below are some of the factors that applicants may raise:

  • the age of the child;

  • the level of dependency between the child and the H&C applicant or the child and their sponsor;

  • the degree of the child‘s establishment in Canada;

  • the child‘s links to the country in relation to which the H&C assessment is being considered;

  • the conditions of that country and the potential impact on the child;

  • medical issues or special needs the child may have;

  • the impact to the child‘s education; and

  • matters related to the child‘s gender.

Please feel free to contact us if you have any questions regarding humanitarian factors or exemptions from requirements of the Immigration Act.

 

Temporary Residence

  • Title 

  • Work Permit & Lima 

  • Visitors Visa 

  • Temporary Resident Permit (TRP) 

  • Student Visa

Visitor Visa 

Those of us who are Canadian citizens are used to easy travel. Out of the world’s 195 countries, Canadians can travel to 172 of them without a visa. Even when a visa is required, it’s usually easy to get. The distinctive maple leaf on a Canadian passport is often greeted with a smile and a handshake.

 

So it often comes as a surprise when friends or relatives who wish to visit Canada are refused visitor visas and denied entry. The reality is that while the rest of the world looks upon Canadians with warm and welcoming eyes, Canadian immigration authorities scrutinize those coming from abroad with an unexpected degree of doubt, suspicion and skepticism. Visiting Canada is made all the more difficult by the fact that the official government guide for would-be visitors does very little to inform applicants about what is needed for a strong visa application. For those of you planning on having a friend or relative visit you in Canada, here are some things to keep in mind:
 

Is a visa necessary?

Not all foreign nationals coming to Canada need a visa. To find out whether a visitor needs a visa, consult the "entry requirements by country" section of the government’s immigration website. Travellers coming from visa-exempt countries need to apply for an electronic travel authorization (eTA) if they are arriving by plane. If they are coming by car, train, bus or boat, an eTA is not required.


Applying for a Visitor Visa (a.k.a. Temporary Resident Visa (TRV))

As mentioned above, there is a government-written guide for TRV applications. It provides in-depth information about how to complete the necessary immigration forms and even links to a simple checklist to assist visitors in compiling their applications. While easy to follow, the guide and checklist give the impression that following them to the letter will result in an application that is likely to be approved. This couldn’t be further from the truth.

Aside from checking that travel documents are in order, forms are filled out correctly and a visitor is not otherwise inadmissible to Canada (due to criminality, medical conditions, etc.), the evaluating immigration officer must be satisfied that the visitor will leave Canada by the end of their visa. The guide offers almost no information on how the officer decides whether a visitor will overstay their visa, even though this is one of the most common – if not the most common – reason visitor visa applications get refused.

In practice, officers consider several different factors in assessing the risk of overstaying. Here are some of those factors, as well as possible ways in which a visitor may choose to address them:

Purpose and length of the visit

The document checklist requires a “purpose of travel” letter to be included as part of the application, but gives little guidance on what that letter is. Think of this document as a blueprint for the trip. The visitor should include as much detail as possible; specific dates of travel and details about accommodations make for a better document than a single sentence stating that “I want to visit my friend in Canada.” A plan for the trip will help assure the officer that the visitor’s stay in Canada will be temporary.

 

Though not a requirement in most cases, visitors can include a “letter of invitation” from a person residing in Canada to help prove the purpose of their visit. Effective letters, like the purpose of travel document, should be detailed. A good letter of invitation tells the officer about the Canadian resident, their relationship with the visitor, and why they are inviting the visitor to Canada. If the resident will be providing the visitor with accommodations during their stay, this should be stated in the letter.

Ties to their home country

The officer’s assessment of this factor is simple: the stronger the visitor’s ties to their home country, the more likely they are to return there when their visa expires. Visitors can describe these ties in the purpose of travel letter and also support them with other evidence:

If the visitor’s entire family lives in their home country, then they can include letters from family members talking about the close relationship between the visitor and the family, making it less likely that the visitor will choose to abandon their family and stay in Canada.

If the visitor has a job in their home country, they can include a letter from their employer confirming employment and the employer’s agreement to give the visitor the necessary time off for the trip to Canada.

 

If the visitor owns property in their home country, they can include a copy of the deed to confirm ownership.

 

These are only a few examples of country ties. Anything else that binds the visitor to their home country can help convince the officer that the visit to Canada will be temporary. However, even strong ties do not guarantee a successful application. Visitors should also keep in mind that their country of residence itself may be an obstacle to their application. Officers are wary of applicants from impoverished countries and countries in the grips of conflict, so visitors from such places should include as much evidence of their ties to their home country as possible.

Ties to Canada

The officer also considers the visitor’s ties to Canada that may cause a visitor to overstay their visa. Family members living in Canada are a common example of a tie to Canada. Strong applications acknowledge these ties (as applicants must be truthful in their applications) while at the same time stressing that the visitor has more incentive to return to their home country than to stay in Canada.

Financial support

Before granting a visitor visa, the officer needs to also be satisfied that the visitor will be able to sustain themselves while in Canada and afford a ticket home. Bank statements showing the visitor’s savings is one of the easiest ways to show that they have enough money for their trip. If a Canadian resident is offering the visitor free accommodations, this can be brought to the attention of the officer.

Past refusals

Officers give significant weight to previous refusals of immigration applications. Thus, all other things being equal, a visitor with no previous refusals will have a higher chance of getting a visa than a visitor whose application was refused in the past. To limit the impact past refusals have on the outcome of an application, visitors can explain how they addressed the concerns identified in their previous refusal in their current application.

These are only some of the poorly explained factors that officers consider when deciding whether to issue a visitor visa. For a detailed look into how officers approach TRV applications, see the TRV Program Delivery Instructions.

Does my visitor need a lawyer?

There is no requirement that a visitor applying for a TRV retains a lawyer or an immigration consultant. The Immigration, Refugees and Citizenship Canada website contains all the guidance a would-be visitor would need to apply for a TRV on their own.

However, retaining a legal professional can help with putting forward the strongest TRV application possible. Given their experience and expertise, legal professionals can identify weaknesses and errors in the application that the visitor might have missed. Legal professionals also routinely draft cover letters to accompany applications where they point the officer to all of the evidence included with the application to make sure that it doesn’t go unnoticed.

Ultimately, getting a visitor visa to Canada is a trickier process than most people think. Even if a visitor submits the perfect application, there is no guarantee of success. Otherwise great applications can be let down by factors the applicants can’t control, such as which visa office they must apply to and which particular visa officer gets assigned to their application.

Refusals happen, and they happen often. Luckily, a refusal is not the end of the road. A visitor can either submit a new application addressing the officer’s concerns or appeal the officer’s decision to the Federal Court of Canada. While, in most cases, reapplication is the more practical and timely option, an appeal to the Federal Court may necessary where an officer’s decision is so damaging as to make reapplication pointless.
 

Please contact us today to assist you with your application to Visit Canada.

 
 

Workers & LMIA

 

Every year, the Canadian government issues 100,000 work permits to Temporary Foreign Workers to help business meet their skilled labour demands. In addition to these workers, there are other foreigners who are allowed to work without a work permit. Depending on the type and scope of work, duration of work, country of citizenship and other factors of the foreign worker, different rules and requirements apply.

​Most job positions and foreigners require an LMIA and a Work Permit, others only require a work permit, and some do not require a work permit at all.

​To find out if an LMIA and/or Work Permit is required, refer to the categories below.

 

​Jobs that require a positive LMIA (Labour Market Impact Assessment) in addition to a Work Permit

​In most cases, a Canadian employer wishing to hire a foreign worker must first receive government approval before the hiring can take place. This is to ensure that no qualified Canadians were passed up in favour of the foreign worker, and that the foreign worker will be given a salary and benefits that meet federal and provincial standards. The government approval comes in the form of a positive Labour Market Impact Assessment (LMIA).

​Generally speaking, all Canadian employers must provide evidence that they have attempted to find qualified Canadian citizens or permanent residents to fill job positions before turning to foreign workers. In addition, employers may be inspected for compliance to government regulations after their employee has begun working in Canada.
 

LMIA Exempt Jobs & Foreigners

​There are cases where a positive LMIA is not required in order to be eligible to apply for a work permit.

The following categories are exempt from requiring a positive LMIA- a work permit can be obtained without one.

  • International Agreements (NAFTA, GATS, Canada-Columbia FTA, Canada-Peru FTA)

  • Entrepreneurs/Self-Employed Candidates

  • Intra-Company Transferees

  • International Exchange Programs

  • Spouse and Dependents of Foreign Workers

  • French-Speaking Skilled Workers

  • Religious Workers

  • Academics

Provincial LMIA Exemptions

​Note: Being exempt from obtaining a LMIA does not mean the individual is exempt from obtaining a work permit. All streams on the LMIA exemption list still require the individual to obtain a work permit to work in Canada legally.

 

​Work without a permit

​There are several occupations and situations where a foreigner is allowed to work without a work permit.

The occupations in this category are:

  • Athletes and team members

  • Aviation accident or incident inspector

  • Business visitor

  • Civil aviation inspector

  • Clergy

  • Convention organizers

  • Crew

  • Emergency service providers

  • Examiners and evaluators

  • Expert witnesses or investigators

  • Foreign government officers

  • Foreign representatives and Family members of foreign representatives

  • Health care students

  • Implied status

  • Judges, referees and similar officials

  • Military personnel

  • News reporters, media crews

  • On-campus employment and some Off-campus work

  • Performing artists

  • Public speakers

 

​​Open Work Permit (OWP)

​An Open Work Permit allows a foreign national to work in any job, without restriction. An LMIA or confirmed offer of employment is not needed to apply for an Open Work Permit.

​Foreign spouses/common-law partners of temporary foreign workers, foreign students and Spouses/common-law partners being sponsored through the Inland Spousal/Common-law Sponsorship category are eligible to apply for an Open Work Permit.

Graduating international students are also eligible to apply for an Open Work Permit under the Post-Graduation Work Permit Program.  

​International Experience Canada (IEC) Candidates under the Working Holiday category as also eligible for an Open Work Permit.

Bridging Open Work Permit (BOWP)

​The bridging open work permit (BOWP) is a way to keep a worker in Canada working while his or her application for permanent residence is being processed.  

​In-Canada applicants who have made an application to immigrate to Canada under either the Federal Skilled Worker (FSW) Class, the Federal Skilled Trades (FST) Class, the Canadian Experience Class (CEC) or one of the Provincial Nominee Programs (PNP) may be considered for a bridging open work permit if their current work permit is due to expire (within four months). A foreign worker legally working in Canada who has made, or will soon make, an application for permanent residence under one of these immigration programs may then continue to work until a decision is made on his or her application for permanent residence.
 

​International Experience Class (IEC)

The IEC is a program designed to bring younger adults and youth to Canada on a temporary basis to work for temporary periods

​Citizens of countries with a bilateral youth mobility arrangement with Canada who are between 18 and 35 years old may be eligible for IEC work permits.

​The IEC program is composed of three categories:

  1. Working Holiday

  2. Young Professionals

  3. International Co-op
     

Work while Studying

​Full-time students who are enrolled at an institution may work at that institutions campus in any job without a work permit.  Students may work at more than one campus of an institution, provided that they are in the same municipality. Students may be enrolled in any course to be eligible.

The permitted institutions are:

  • Universities

  • Community Colleges

  • CEGEPs

  • Publicly Funded trade/technical schools

  • Private Institutions authorized by provincial statue to confer degrees

  • Students working as graduate, research or teaching assistants may work off campus a locations related to their research grants.  These locations must have a formal association or affiliation with the learning institution. This may include hospitals, clinics and research institutes.
     

Need Help?

​Contact us for more information about working in Canada or for assistance in applying for a Work Permit.

 

Student Visa 

 

Study Permits

Each year, thousands of students enter Canada to study in a variety of programs.  Young people arrive with their parents to study at grade or secondary school.  Individuals arrive to learn English or French.  Post-secondary students arrive to pursue a diploma or degree in one of our many highly rated colleges or universities.

Studying in Canada has many advantages for those wishing to remain in Canada temporarily or on a permanent basis.Post-graduate work permits are available to students graduating from certain post-secondary programs.
As well, those applying for permanent residence as a skilled worker can gain valuable selection points for study experience in Canada.

Finally, studying in Canada is a good way to gain valuable skills and decide if immigrating to Canada permanently is what you wish to do.

 

No Study Permit Required

Every year, many foreign nationals work study in Canada without a study permit.

This section will discuss when an individual can work in Canada without first obtaining a study permit (subject to any medical or criminal issues, discussed later).

Length of Study

If a foreign individual in Canada in enrolled in a program of study that is less than 6 months in length (in total), that person does not need a study permit.

 

Note that is does not matter how long you plan to study, it matters how long the program of study is (under 6 months or not).

However, if you are from a country that requires temporary resident visa to enter Canada, you will still need one even if you are studying in a program under 6 months.

 

Even if your program of study is less than 6 months, you may still want to apply for a study permit.

 

Why?

Because if you want to work on campus of your university or college you will need a study permit.

As well, if you decide you want to extend your studies or complete a longer program, you can do so if you have a study permit in hand.  Otherwise, you will have to apply for study permit from outside Canada if you want to study beyond 6 months.

If you are absolutely certain you do not want to work on campus, and you will not study longer than your 6 month program, then you should not apply for a study permit.

Courses Not Considered “Studies”
CIC does not consider certain programs as “studies” and as such, no study permit is required.  CIC will not issue study permits for:

  • Pre-school;

  • Courses of general interest or self-improvement;

  • Distance learning; or

  • Audited courses (i.e., sitting in on a class without the ability to get credit for the class).

Minors

Minor children (depending on the Province, under either 18 or 19 years of age) generally require a study permit if they are coming with their parents and plan to study at the primary or secondary level.

However, minor children who are ALREADY IN Canada can study without a study permit UNLESS their parents are not authorized to work or study.

So if a child’s parents are in Canada but have no work or study permit, then the child will need a study permit.

If a child’s parent has a study or work permit, the child can study without a study permit if the child is already in Canada.

How can a child already be in Canada without having applied for a study permit before entering?

Perhaps a child is not old enough to study before entering, but then reaches age 5 while in Canada and can begin primary school.

Or perhaps there was no intention for the child to study when arriving in Canada, but then later the parents receive study or work permits.

However, you should NEVER mislead CIC by stating that your child does not plan to study in Canada but actually does intent to study.  This is a misrepresentation and may have you excluded from Canada for a long period of time.

The “age of majority” means an individual is no longer a minor.

The “age of majority” is 18 years of age in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec and Saskatchewan.  This means if an individual is 18 years or older, he or she is NOT a minor.

The “age of majority is 19 years of age in British Columbia, New Brunswick, Newfoundland, Nova Scotia, Northwest Territories, Nunavut and Yukon.  This means if an individual is 19 years or older, he or she is NOT a minor.

Designated Individuals

There are certain individuals who do not require study permits, these being family of diplomats, staff of diplomats, certain armed forces members, and persons making a claim for refugee protection.

When a Study Permit is Needed

If an individual does not fall within any of the exemptions described in the previous chapter, he or she must obtain a study permit before studying in Canada.

You can get a study permit for studies at a university or college, or any course of academic, professional or vocational training.

 

Where Can I Study?

You can study at a private or public institution in Canada.  However, be diligent in researching your choice to ensure they are a quality institution.

My advice would be to choose a public university or college (i.e., publicly funded) if at all possible, as I believe the quality is often better than at private institutions (though not always).

Another reason to pick a public institution (or a private college that can issue degrees) is that they will qualify for a work on campus or a post-graduate work permit – private institutions generally do not.

Academic Training

You can receive a study permit for academic training.

“Academic training” is typically professional employment that is directly linked to a study program.

Generally, it is completed along with post-secondary studies and is often a required component of obtaining a degree or certification.

 

Examples of academic training include articling for law students, cooperative education placements, and medical internships.

 

Professional Training

You can receive a study permit for professional training.

“Professional training” is additional education or training to professional already working in a specific field.

Professional training is usually recognized by a professional organization, and is often offered through various colleges, universities, professional associations or unions.

Examples of professional training include real estate appraisal, production and inventory control, food services management, specialty courses for lawyers, doctors, business administrators, engineers, dentists, teachers and counsellors.

Vocational Training

You can receive a study permit for vocational training.

“Vocational training” is generally considered to be preparation for a trade, a vocation or for agriculture.  It is focussed on technical skills training or organizational skills training.

Vocational training can performed through a learning institution or through on-the-job training or programs in conjunction with a specific industry.

Examples of vocational training include quality control, trades training (such as mechanics, welding, carpentry, and so forth), and new technology occupational training.

Part-time Studies

You are not required to study full-time in order to get a study permit.  You can receive a study permit for part-time studies, however, you will not be permitted to work on campus if you are studying part-time.

Accompanying Family Members

If you are married (or have a common law partner), and your spouse wishes to accompany you to Canada, your spouse should apply for 2 documents.

First, if your spouse is from a country that requires a temporary resident visa, your spouse will need to apply for a temporary resident visa.

Next, your spouse is entitled to an open work permit, which allows him or her to work for any employer he or she wishes.  Even if your spouse does not plan to work, it is a good idea to apply for this work permit just in case.

If your child is also accompanying you, your child will need a temporary resident visa (if he or she is from one of the countries requiring one), and a likely a study permit if he or she is school aged.

You should include ALL applications (study, temporary resident permit, and open work permit) in one envelope so they are all processed together.

Letter of Acceptance

Before applying for a study permit, you will need to include an original letter of acceptance from the institution where you wish to study with your application (no photocopies allowed).

In order to avoid delays, your letter of acceptance should include all of the following (if possible):

  • full name, date of birth and mailing address of the student;

  • name of the institution and official contact

  • telephone, fax, Web site and e-mail information for the institution

  • type of institution (licensing information for private institutions)

  • the course/program, level, and year of study into which the student was accepted;

  • the estimated duration or date of completion of the course;

  • date on which the selected course of study begins;

  • the last date on which a student may register for a selected course;

  • the academic year of study that the student will be entering;

  • whether the course/program of study is full-time or part-time;

  • the tuition fee;

  • scholarships and other financial aid (if applicable)

  • a clear statement of acceptance subject to obtaining a study permit

  • any conditions related to the acceptance or registration, such as academic prerequisites,

  • completion of a previous degree, proof of language competence, etc.;

  • clear identification of the educational institution, normally confirmed through its letterhead;

  • where applicable, licensing information for private institutions normally confirmed through letterhead.

 

If your letter does not contain all these elements, it is worth contacting the institution to see if they can issue another one that does contain these elements. Be sure to keep a photocopy of your acceptance letter for your files.

Documents Required With Your Application

Be sure to use the document checklist as part of the forms package from CIC that you can access from our website.

 

Generally, you must provide the following documents with your application:

  • Application form (IMM 1294);

  • Study permit application fee;

  • Letter of acceptance;

  • Two recent passport-size photographs (write your name and date of birth on the back of the photos);

  • Proof of identity (passport and copy of birth certificate if possible);

  • Proof of financial support (discussed below);

  • CAQ for students destined to Quebec.

Financial Resources and Support from Family

Showing sufficient financial resources (or family support) is a key aspect to a successful student permit application.

 

At minimum, you have to show you have enough funds for your first year of studies.  These funds must cover tuition fees, travel to and from Canada, and living expenses for yourself and any accompanying family members.

In addition to tuition, CIC uses a minimum guide for how much an applicant will need to support himself or herself, and pay for books, transportation, and so forth.

For a single person, you will need to show a minimum of $10,000 in addition to tuition.

For a student and an accompanying spouse or common law partner, you will need to show a minimum of $14,000 in addition to tuition.

 

For a student and accompanying spouse and children, you will need to show $14,000 plus $3000 per child in addition to tuition.

You do not need to show funds for the entire length of the course you are taking – you only need to show funds for your first year of studies.

 

However, CIC will also look at the probability of you being able to fund future years of study.

How do they look at the probability you can pay for your entire course?

CIC will look at a number of factors, such as:

  • scholarships and fellowships;

  • parents’ employment and financial resources;

  • parents’ willingness to support you;

  • other family members willing to support you;

  • your financial resources (investments or access to financing).

My suggestion is to provide as much financial information as you can. Bank records for at least a year (two if possible), investment accountants, lines of credit, valued assets, and so forth.  Anything you have to support your application from a financial perspective should be included.

If you have family that is willing to support you, you should at a minimum have your family member do the following:

  • provide an sworn affidavit that they are your family member (e.g., parent, uncle, etc), and will support you during your studies;

  • provide notarized financial statements or employment letters from your family member to show they have the financial resources to support you;

  • copies of the bio-data pages of their passports and a copy of your birth certificate to prove you are related (provide whichever documents you have to help prove you are related).

Will You Return to Your Home Country?

One of the primary questions CIC will address when reviewing your application is this:  “Will this applicant return to his or her home country on the completion of your studies?”

These are the factors that CIC will look at in determining whether or not you will return to your home country at the end of your studies:

  • The length of time you will spend in Canada – the longer you stay the stronger the connections to your home country should be.

  • Your means of support – the less support you have, the stronger the connections to your home country should be.

  • Your obligation and ties in your home country (discussed below).

  • The likelihood of leaving Canada should an application for permanent residence be refused – you are allowed to have “dual-intent”; an intention for a temporary study permit with a view to applying for permanent residence in future.

  • Compliance with the Act and Regulations – do you have previous overstay or other issues with CIC? If so, you will need very strong connections to your home country.

You should provide evidence of as many connections and ties to your home country as you can.

What are the connections to my home country that I can show? 

Here are some examples of connections that CIC will take seriously:

  • Family – if you have family in your home country – spouse, children, parents and so forth – provide evidence such as copies of marriage certificates, birth certificates or bio-data pages from passports.

  • Property – if you have property holdings in your home country, provide copies of titles, investment accounts, etc., with valuations if possible.

  • Employment – if you are taking a leave of absence from an employer to study in Canada, provide an employment contract or letter from your employer confirming this fact.

  • Obligations – if you are a leader in your community, or if you have responsibilities to others in your home country, provide documentation to show this.  Affidavits from others stating you are required to perform a function in your home country are useful.

  • Take time to think about any connection you have to your home country and provide some evidence of this in your application – it is a critical component for success.

Where Should You Apply?

The CIC office of application should be either:

  1. The CIC office responsible for your country of citizenship; or

  2. The CIC office responsible for your current country of residence so long as you have been legally admitted to your current country of residence and currently have legal status there.

It is also very important that you click on the CIC office in that list to get to its website – there are often instructions specific to each office in terms of payment, currency and so forth.

Will You Need an Interview?

The CIC reserves the right to interview an applicant prior to issuing a study permit.  For example, an interview may be requested if:

  • There are doubts about your reasons for coming to Canada;

  • There are doubts about your arrangements for care and support while in Canada;

  • There are doubts about your ability or willingness to leave Canada once your studies are complete.
     

Your best chance at avoiding an interview is to provide as complete an application as you can, including strong evidence of ties to your country and financial support while in Canada.

Will you require a medical exam?

If you plan to study in Canada for less than six months, then generally you won’t need to get a medical exam.

If you plan to study in Canada for more than six months, then you will need a medical exam only if you are from one of these countries, or if  have stayed temporarily for six months in the preceding year) in one of those countries listed.

If you require a medical exam, the medical exam will be good for one year.

Applying/Renewing If You Are Already in Canada

If you are already in Canada legally, you can apply for a study permit (or a renewal) from within Canada.

Your application called a “Change of Conditions” would need to be completed, and sent along with all other supporting evidence as discussed above.

You are “changing conditions” because you are already legally in Canada under another category (perhaps as a visitor or spouse of a temporary resident) and you would like to change your conditions to be able to study in Canada.

Application Forms

You should always obtain application forms from the Citizenship and Canada website.  These forms are updated regularly so you need to ensure you are using the most up-to-date forms.

As well, some of the forms need to be “verified” so they generate a code that Citizenship and Immigration Canada can use to speed processing.  Using the official forms from their site ensures that the verification process will work for you.

 

Temporary Resident Permit (TRP) 

 

Have you been Refused Entry to Canada?

Whether you tried to enter Canada and you were refused, or if you just think that you may get refused an entry to Canada and you do not want to take any chances. It is important that you are well prepared to deal with the situation. And you do have options! Whether you have a criminal record like a DWI (Driving While Impaired or Driving under the Influence) or something even more serious or you have a medical issue, you can still be admitted into Canada if you have the right paperwork. Please feel free to Contact us for a compressive evaluation of your situation. 

Were you denied entry to Canada because of a criminal record?

You may require a Temporary Resident Permit also known as a TRP.

A Temporary Resident Permit or TRP is a Canadian immigration Permit issued by Citizenship and Immigration Canada. It allows you to enter to Canada as a visitor, worker or student even if you are considered inadmissible to Canada due to a criminal record or certain medical conditions. In some cases, Temporary Resident Permits or TRPs can be issued to people applying for Canadian immigration who are also inadmissible due to Criminal records or certain medical problems. 

I was refused entry to Canada.

What can I do now?

Canadian immigration regulations are strict when it comes to even minor criminal offenses, even for offences that have occurred many years ago or offenses that might seems minor, you must prove your need is valid. It is always important to consult with a knowledge Canadian immigration lawyer regarding any possibility of refusal or denial of entry to Canada due to criminal offences. A qualified Canadian immigration legal representative can advise you on whether your criminal offence makes you inadmissible to Canada or not. Please contact us

Note: A Temporary Resident Permit is a document that is only issued in exceptional cases. It is not the same as a Temporary Resident Visa. 

 

Super Visa

As of December 1st 2011, the Canadian Government introduced a new Visa for Parents and Grandparents to visit in Canada. Visitors who are not Canadian citizens or permanent residents of Canada can visit their family in Canada and can enjoy with their families. This is a long-term, multiple entry visa valid for up to 10 years. Parent can visit to their family member in Canada for up to two years without the need to renew their status. This new Super Visa which is making able to reunite families much quicker. Previously it would take 8 years to file but now it can take as little as 8 weeks to process. This will make it easier for your parents and grandparents to visit Canada on short notice.

 

Refugee Law

 

Refugee claimants

Refugee protection is granted to people in Canada who fear persecution or whose removal from Canada would subject them to a danger of torture, a risk to their life or a risk of cruel and unusual treatment or punishment.


Applying from outside Canada
How can a person living outside of Canada apply for protection?
Refugees living outside of Canada have the option of entering Canada as permanent residents under Canada’s resettlement program.

Citizenship and Immigration Canada uses three legal processes to resettle refugees in Canada.


The three refugee classes are:

  • Convention Refugees Abroad Class

  • Country of Asylum Class

  • Source Country Class


Convention Refugees Abroad are the most common class of refugees. Foreign Nationals who want to qualify for this settlement option must satisfy an immigration officer that they are Convention refugees.

 

Who is a Convention Refugee Abroad

The Immigration and Refugee Protection Act defines a Convention Refugee as someone who is outside their home country, or the country where they normally live, and can’t return to that country because of a well-founded fear of persecution based on: a) race; b) religion; c) political opinion; d) nationality or e) membership in a particular social group.


Applying from within Canada

Canada offers protection to people whose removal from Canada would subject them to a danger of torture, a risk to their life or a risk of cruel and unusual treatment or punishment.

If you feel that you will be persecuted or otherwise at risk if you return to your home country, you may be able to seek protection in Canada as a refugee.


How to apply for refugee protection within Canada

There are two ways to apply for refugee protection in Canada:

  • You can make a claim when you arrive in Canada, at the port of entry (for example, the airport or sea port).

  • You can also make a claim from within Canada at a Citizenship and Immigration Canada office.

 

When making a refugee claim, the Immigration Officer receiving your claim will decide whether it is eligible to be referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB).


Who is not eligible to apply?

You are not eligible to claim refugee protection if:

  • You have been recognized as a Convention refugee by another country to which you can return;

  • You have already been granted protected person status in Canada;

  • You arrived via the Canada-United States;

  • You are inadmissible to Canada on security grounds, or because of criminal activity or human rights violations;

  • You have previously made refugee claim that was found to be ineligible for referral to the IRB;

  • You made a previous refugee claim that was rejected by the IRB; or

  • You abandoned or withdrew a previous refugee claim.

 
Sponsoring a Refugee

Each year, there are millions of people who are forced to leave their homeland to escape persecution, war or severe human rights abuses. Often these people are never able to return home.
 

The Private Sponsorship of Refugee Programs allows groups and individuals to sponsor refugees from abroad who qualify to come to Canada.

What are the responsibilities of the sponsor?

The responsibilities of the sponsor include: assistance with financial settlement once the refugee arrives in Canada, as well as emotional and other significant settlement assistance for the duration of the sponsorship period.
 

Most sponsorships last for one year, but some refugees may be eligible to receive assistance from their sponsors for a longer period of time.


Pre-Removal Risk Assessment

What is a Pre-Removal Risk Assessment?

A Pre-Removal Risk Assessment (or PRRA) is an assessment whether there is a well-founded risk that a person’s removal from Canada will result in a risk to life, of persecution, torture or cruel or unusual treatment.
 

In the application, you will be given an opportunity to provide written submissions to an officer who will then consider whether you would face, if returned to your home country, a:

  • Risk of persecution as defined in the Geneva Convention;

  • Risk of torture; and

  • Risk to your life or the risk that you may be subjected to cruel and unusual treatment or punishment

This is in line with Canada’s policy of not wanting to send people back to a country where they will be in danger or would face the risk of persecution. There is no guarantee that an applicant will be found eligible under any of these processes.

Who can apply for a PRRA?

A person told to leave Canada will be provided a notice that a removal order is being enforced against them. At this time, if you are eligible, you will be given an opportunity to apply for a pre-removal risk assessment.
 

Persons who have had a refugee claim or a permanent resident application can apply for a Pre-Removal Risk Assessment (PRRA).
 

If you previously made a refugee claim which was rejected, the officer will only consider new evidence or evidence which you were not able to present at your refugee hearing.
 

Persons who have had a negative Pre-Removal Risk Assessment can apply again for a PRRA.
 

Can one be deported before a PRRA decision is made?

Persons who have a removal order issued against them and apply for a PRRA will have their removal order stayed until a final determination is made on their application.
 

This only applies to one’s first PRRA application but not to subsequent applications made after a refusal of the first PRRA.

What happens after a decision is made?

If a PRRA officer accepts your application, you may receive the status of “protected person,” which allows you to apply to become a permanent resident.
 

If the PRRA officer rejects your application your removal order comes into effect again and you may receive a reasonable period of time to ensure your departure from Canada.
 

If your application is rejected, you may apply to the Federal Court of Canada for a review of the PRRA officer’s decision.

 

Business & Investors 

 

Business and Investor Immigration programs

Canada offers the most established and widely-used investment based immigration programs conferring permanent resident status.

The Canadian confederation system of government and the country’s social norms offer a “European alternative” to the more unabashed capitalism of the USA. Canada offers European-style social benefits with fairly high levels of taxation and unparalleled quality of life. Under the Canadian model, business immigrants can enjoy the benefits of a national health care program, affordable first-class education and a national pension system that provides measurable annual income upon retirement.

Business immigration offering permanent admission to Canada comprise of the Quebec Immigrant Investor Program (QIIP), Quebec Entrepreneur program, Quebec Self-Employed, several Provincial Nominee Entrepreneur programs, the Federal Immigrant Investor Venture Capital (IIVC) Pilot Program and the Federal Start-Up Visa program. While the various entrepreneur and self-employed programs are aimed at individuals with a mid-range personal net worth who intend to establish and operate a business in Canada, the investor programs are suited for high net worth individuals who wish to make a passive investment with no obligation to establish a business.

As well, wealthy business immigrants may buy or establish a new businesses in Canada and qualify for a temporary work visa, under federal ‘owner-operator’ policies.  After a period of time, applicants may qualify for permanent residence under a suitable immigration program.

 

Provincial Entrepreneur Programs

Mid-range net worth individuals with suitable entrepreneurial experience may be eligible to apply under the one of many Provincial Entrepreneur programs. Currently, entrepreneur programs are administered by individual provinces and follow a two-step process to permanent residence. Applicants are first selected or nominated by a province if they meet program requirements. Based on that selection or nomination, they may then apply to Citizenship and Immigration Canada for permanent residence.

 

There are a number of provinces which manage their own business immigration programs which require active participation in the management of a business based on a specified investment and job creation. The programs vary in the requirements to qualify but generally refer to a minimum net worth in the area of $350,000 with relevant management experience. Some of the programs require a good will deposit which is refundable once the business has been established. Under provincial nominee programs, applicants first apply to be nominated by a province, and on the basis of that nomination may obtain permanent residence following Federal health and criminality checks.

 

British Columbia

British Columbia’s Provincial Nominee Program has three streams aimed at entrepreneurs with distinct requirements. Net worth requirements range from $400,000 to $800,000 CAD and investment requirements from $200,000 to $500,000 CAD. Unlike other entrepreneur immigration programs, British Columbia first supports applicants in the issuance of a Work Permit. The province will only nominate an applicant for permanent residence once they have successfully established and operated the intended business while in Canada as a work permit holder.  

 

Saskatchewan

The Saskatchewan Immigrant Nominee Program’s Entrepreneur stream is a three-stage process:

  • Expression of Interest

  • Invitation to submit application

  • Nomination

The expression of interest must meet the following minimum entry requirements:

  • Minimum net worth of $500,000 legally acquired.

  • Minimum of three years of entrepreneurial or relevant management experience.

  • Investment of at least $300,000 in Regina or Saskatoon, or $200,000 is any other Saskatchewan area.

Candidates enter a pool where they receive a score. The top scoring candidates are invited to submit an application.

 

Applications must include:

  • Business Establishment Plan confirming figures in expression of interest, and including at least one third ownership of a company in Saskatchewan, unless investment is $1 million or higher.

  • Commitment to be active in day-to-day management of business.

  • Creation of two or more jobs for Canadian citizens or permanent residents if the business is located in Regina or Saskatoon. 

Manitoba

Business Investor Stream

The Manitoba Business Investor Stream is aimed at qualified international business investors and entrepreneurs. Candidates are initially issued with a temporary work permit, and must have the intent and ability to start or purchase a business in Manitoba within two years of arrival. The stream abolishes a previous requirement for a $100,000 deposit with the Manitoba government. There are pathways for entrepreneurs and for farm investors.

a) Entrepreneur Pathway

For applicants wanting to open a business in Manitoba. Candidates are initially issued with a temporary work permit. They are nominated for permanent residence after establishing a business meeting the conditions of a Business Performance Agreement. Priority is given to candidates starting businesses outside Winnipeg.

b) Farm Investor Pathway

For applicants wanting to open and operate a farm in rural Manitoba. Candidates are initially issued with a temporary work permit. They are nominated for permanent residence after establishing a business meeting the conditions of a Business Performance Agreement.


Nova Scotia

The Nova Scotia Entrepreneur stream targets candidates with business ownership or senior management experience. They must live in Nova Scotia, either start a new business or buy an existing business, and actively participate in the day-to-day management of that business.

Under the Entrepreneur stream, candidates are first issued a temporary work permit before applying for permanent residence after operating the business for a year. The stream uses an Expression of Interest format, where candidates in a pool are invited to apply.

 

Entrepreneur Stream: Candidate Requirements

  • Be aged 21 or older.

  • Want to live permanently in Nova Scotia while owning and actively managing a Nova Scotia business.

  • Minimum net worth of $600,000.

  • Minimum investment of $150,000 to establish or purchase a business in Nova Scotia.

  • Minimum 3 years of experience actively managing and owning a business (33 per cent ownership minimum) OR more than 5 years of experience in a senior business management role.

  • Score minimum of 5 on the Canadian Language Benchmark in speaking, listening, reading and writing in English or French. 

 

Ontario

The government of Ontario has authority to nominate certain applicants for Canadian permanent residence under the Ontario Immigrant Nominee Program (OINP). Individuals with a nomination certificate issued by the province may apply for Canadian permanent residence.

Ontario Business Immigration program has two immigration programs directed to applicants with a successful business background.  The programs are:

  • The Ontario Corporate Stream (OCS)

  • The Ontario Entrepreneur Stream (OES) 

 

New Brunswick

The New Brunswick Provincial Nominee Program Entrepreneurial Stream is aimed at professionals ready to invest in a business in the province and move there with their families.

The primary requirements are:

  • Legally-acquired personal net worth of at least $600,000, of which $300,000 must be available in available in unencumbered liquidity.

  • Invest at least $250,000 in a New Brunswick business, taking ownership of at least 33 per cent.

  • Show business experience – either three years of ownership or five years of senior management experience in the last five years.

  • Be aged between 22 and 55.

  • Minimum two years post-secondary education degree or diploma.

  • Score at least level 5 on the Canadian Language Benchmark exam for speaking, listening, reading and writing in English or French.

 

Prince Edward Island

The Prince Edward Island Provincial Nominee Program for Business requires that applicants demonstrate a legitimately acquired personal net worth of at least $600,000 CAD, have relevant business experience, and make an active investment into a local business of at least $150,000 CAD. Age, language and educational requirements are also applicable. Successful candidates will be required to make a deposit with the province of $200,000 CAD upon nomination which will be returned in installments as various conditions are met.  

 

North West Territories

The North West Territories’ Entrepreneur Program requires applicants to demonstrate a minimum personal net worth of $250,000 CAD, have relevant managerial experience, and make an active investment of at least $150,000 CAD into a local business. As in other entrepreneur programs, a refundable good faith deposit of $75,000 CAD is required from successful applicants. 

 

Yukon

Yukon’s Business Nominee program first nominates successful applicants for a two year work permit. During the validity period of the work permit, applicants are required to establish their intended business in the Yukon. Only then are they nominated for permanent residence. Successfully applicants must demonstrate a legally acquired personal net worth of $250,000 CAD, have relevant business management experience, and make an active investment of at least $150,000 into a local business. Applicants are also evaluated based on factors such as age, language abilities, education, and prior visits to the Yukon.

 
 
 
 

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