Why Canadian Experience Class Applications Get Rejected

Why Canadian Experience Class Applications Get Rejected

The Canadian Experience Class is a favourable option for individuals moving toward Canadian permanent status who have work experience in Canada on a temporary work permit. The government of Canada recognize the number of skilled talent that we have in Canada already, so it assigns a specific allotment of places to skilled workers with Canadian work experience under its annual immigration plan.

Basic Requirements

Applicants must have the following in order to apply for the Canadian Experience Class:

• At least 12 months of full-time (or an equal amount in part-time) skilled work experience in Canada in the three years before applying;
• Gained their experience have gained your experience in Canada with the proper authorization;
• Meet the required language levels needed for their jobs for each language ability (speaking, reading, writing and listening); and
• Plan to live outside the province of Quebec

Typically, candidates eligible for the Canadian Experience Class worked in Canada in one of the following ways:

• on an open work permit as the spouse of a partner who was working in Canada;
• on a post-graduate work permit, after completing full-time studies in Canada at a designated institution;
• receiving a positive Labour Market Impact Assessment;
• in a Labour Market Impact Assessment (LMIA) exempt category; or
• on an open work permit under an international exchange programs

The process of changing from temporary to permanent resident appears simple to candidates. The reality is that there are a growing number of rejections/refusals that are handed to minor conflicts in their applications.

There are two main reasons why applications get rejected under the Canadian Experience Class:

NOC Code Conflicts

When candidates apply for residency under the Canadian Experience Class, they are required to present Citizenship and Immigration Canada (CIC) with a National Occupational Classification (NOC) code for every skilled occupation that they have held in their careers. The NOC code provides a list of typical duties for someone working in that given position.

What occasionally happens is that a candidate who moved to Canada and has been issued a positive LMIA with a certain NOC code (i.e. NOC 2173 — Software engineer and designer) ended up working in a position that reflected the duties of another NOC code (i.e. for example NOC 2174 — Computer programmer and interactive media developer). This conflict can result in a rejection.

Documents Don’t Match Exactly

Candidates must submit a number of supporting documents when they complete their applications under the Canadian Experience Class. These documents relate to their work experience such as work reference letters, taxation documents, resumes, and positive LMIAs.

Some candidates have experienced their applications being refused because these documents don’t match precisely and thoroughly. CIC has rejected applications simply because a candidate’s work-related documents do not match up with each other. For example, the job description that is mentioned in a reference letter does not match with the one that is set by CIC on the given NOC code that was issued to the individual.

 

Want to avoid these mistakes from happening? Contact the Immigration Law Office of Ronen Kurzfeld to give you or your loved one the best chance.

 

 

 

Surge in International Students Choosing to Study in Canada, Transitioning to Permanent Residence

Surge in International Students Choosing to Study in Canada, Transitioning to Permanent Residence

 

According to new figures, there has been a significant increase in the number of international students who are enrolling in Canadian universities for the 2017/2018 academic school year. The increase has been credited to the growing notion that Canada is a stable and welcoming destination to pursue an education in after the various political events that have been happening on a worldwide scale. In more recent months, there has been an increased number of international students who are choosing to study in Canada, and immigrate after they have graduated.

In terms of hosting international students, Canada is a top 10 study destination worldwide. In 2008, a total of 128,411 study permits became effective in comparison to 2016 where this figure was 267,780—more than double the amount.

At the end of 2016, there were more than 414,000 active student permits. The actual number of international students in Canada differs from this amount as not all study permit holders may be in Canada currently, and many international students study in Canada without study permit.

Almost half of students study in Ontario, with British Columbia and Quebec following close behind as the most popular study destinations in Canada, as shown in the graph on the right. The Prairie provinces and the Atlantic provinces in the graph as a total of all schools in that region of Canada.

International Applications and Enrolment in Canadian Universities Surge

The surge of interest in Canada as an immigration and study destination has often been attributed to the election of Donald Trump as the President of the United States.

At Brock University, there was an increase of 30% in applications from international students wanting to study in Canada, and in the early stage of the admissions cycles. There was also a significant increase of 36% in the number of international students who accepted their admission offer.

The University of Toronto saw more than double the number of American students accepting their offers in 2017 in comparison to 2016.

In 2017, the University of Alberta received 82 % more applications to graduate programs from international students. It saw significant increases in the number of applicants from Iran (+196%), India (+152%) and the United States (+60%).

From Student Visa to Permanent Resident

International students who graduate from a Canadian institution may obtain a Post-Graduate Work Permit (PGWP), which will allow them to work anywhere in Canada after their studies. This program was created in order to attract international students to Canada.

There has also been a surge of the number of PGWPs issued each year. Approximately 15,600 international students held PGWPs in 2008 and in 2016, this number rose to more than 101,000.

The work experience that is acquired during on a PGWP can contribute to an international graduate’s eligibility for permanent residency. It also provides a way to remain in Canada and work while a permanent residency application is in process.

If you are looking to obtain a student visa, applying to be a permanent resident or need any other sort of immigration assistance, contact the Immigration Law Office of Ronen Kurzfeld at 1-855-999-0224

 

 

 

Bill C-6 Passes Senate: Changes to Canadian Citizenship Requirements Impending

Bill C-6 Passes Senate: Changes to Canadian Citizenship Requirements Impending

A bill to change the Canadian Citizenship Act has been passed by the Senate with amendments, which bring the legislation closer to becoming law. As a result of the bill, immigrants coming to Canada would be able to apply for Canadian citizenship earlier and easier than before.

Bill C-6 passed the Senate on May 3, 2017 in a vote of 45 for, 29 against, and no abstentions. Senators in Ottawa have asked their colleagues in the House of Commons to review this bill, which could Canadian citizenship law. This bill includes the amendments that were added by the Senate after the draft bill was passed by the House of Commons in June 2016. In order for the bill to change Canadian citizenship law, it must receive royal consent.

What would these changes to Canadian citizenship requirements entail?

Bill C-6 would reduce the amount of time permanent resident would have to live in Canada before they were eligible to apply for Canadian citizenship. This change to Canadian citizenship requirements would be from four out of six years to three out of five years. Additionally, applicants who had spent time in Canada on temporary status, such as on a student visa or work permit, would be able to count a portion of this time towards the proposed three-year requirement.

This bill would annul many part of the former Conservative government’s citizenship legislation, which would include a change that revoked Canadian citizenship from those who had dual citizenship and who had been convicted of treason, terrorism or espionage.

It would also annul the government’s authority to revoke citizenship for specific acts against the national interest of Canada. These acts include convictions of high treason, terrorism or spying offences, dependent on the sentence received, or for membership in armed force or armed group engaged in conflict with Canada where weapons were involved. This was also introduced by the former Conservative government.

Bill C-6 would remove the intent to provide provision, and an increased number of applicants would be immune from language proficiency requirements. A bill passed by the House of Commons in 2016 placed an age range from 18 to 54 for language testing, but was amended to 18 to 60 years old.

What amendments were made?

While being read in the Senate, there were a number of other amendments that were made to the bill. Among these amendments was a provision that requires the Immigration Minister to inform individuals who have their citizenship revoked as a result of misrepresentation or fraud that they have a right to appeal this decision in a federal court.

The Strengthening Canadian Citizenship Act or Bill C-24, also introduced by the previous Conservative government, removed the right to a federal court hearing for those subject to revocation of citizenship in cased where the Canadian citizenship was acquired by fraud. When Bill C-24 came into effect, the individuals who were affected had 60 days to respond in writing after being informed that their citizenship would be revoked.

Another amendment to Bill C-6 would allow minors to apply for Canadian citizenship without the assistance from their parents. Under the current Canadian citizenship law, parents and children are treated as one when they are applying. This means that if the parent’s citizenship application is rejected, then the children or child would not be able to get citizenship either. In this case, the child would have to wait until they were 18 years old to make another application.

If you want to stay updated on the changes to Canadian citizenship requirements, make sure you subscribe to our newsletter.