Despite Changes, the Parents’ Sponsorship Program is Still Luck-Based

Despite Changes, the Parents’ Sponsorship Program is Still Luck-Based

Many people from across the world immigrate to Canada every year with the dream of a better life ahead of them. Leaving their families behind, people set out on an endeavour to start a new life. However, the Canadian government offers a parent sponsorship program that enables those in Canada to bring their parents and grandparents here and come together with their loved ones again.

In order to improve the parent sponsorship program for immigration, the federal government of Canada has gone an extra mile to ensure some significant enhancements are made. This program is specially designed and tailored to help immigrants who would like to bring their parents or grandparents to Canada to live with them.

The year 2017 saw a considerable number of applications for the parent sponsorship program; however, the Canadian government could only approve 9500 applications out of 10,000 entries for sponsors. The reason behind application rejections were the many problems in this program. The government had not pre-decided a clear gauge for judgment before disqualifying some of the applications for sponsors. The government may have worked on new improvements in this program but the program is still based on a lottery system.

Although the government has made a vital change to the application form, they have added a field that asks information about family income. This clearly states that the government wants to use income as a parameter for qualification for the applicants. This newly introduced change at least sets a definite standard for consideration, whereas, previously, applicants had to depend completely on luck for their selection. It was entirely a lottery.

However, what is imperative to note is that the change won’t totally do away with the lottery system as the income criterion does not ask for any proof. Immigration lawyers in Canada believe even a change like this one will not be able to reduce the difficulty level in filtering out ineligible applicants.

In the parent sponsorship program for immigration, luck plays the role of an ultimate decider. There are a whole bunch of applicants who apply each year and get a rejection every time. Not because of ineligibility, but, just because their luck didn’t work in their favour. That means, if someone remains unlucky, they may never be able to sponsor their parents.

This is why, despite the federal government’s new amendments to a problematic lottery program for parent sponsorship, immigration lawyers in Canada believe strongly that the revised system is still extremely erroneous. Bettering and reconstructing the parent sponsorship program will demonstrate the Canadian government’s commitment to aiding more people in reuniting with their parents and keeping families together.

All You Need to Know About Working in Canada after You Graduate

All You Need to Know About Working in Canada after You Graduate

Universities in Canada are well-known and reputed around the world. Many international students aspire to pursue a degree or certification in these universities and colleges for a world-class education. If you have been a student in Canada and have a degree from here, you have probably had the opportunity to network here and even make some friends. Studying and living here gives one an opportunity to know the country better before you decide to migrate to Canada. If you are someone who is looking to be in the country for long-term, luckily, there are a few possibilities that allow you to stay back in this country post your graduation to explore work opportunities. You can either choose to stay in Canada for the time being after you graduate or you may decide to move here permanently by seeking residency in Canada.

Ways to Work in Canada Temporarily After You Graduate

If you wish to work in Canada temporarily after you complete your studies, one of the ways is to apply for a Post-Graduation Work Permit (PGWP). The application will cost $255 and the processing usually takes anywhere between 50 and 110 days on an average. To qualify for a PGWP, you must have graduated from an accredited institution in Canada and you must be at least 18 years old. You must be a full-time student enrolled in a degree or diploma program that is a minimum eight months long. It is necessary for your educational institution to meet the basic requirements to back your work permit. To be eligible, you should have documents from your institution to prove that you have met all the requirements for graduation from your program.

You must apply within 3 months of completing your program while you still have a valid study permit. Once you have successfully received your PGWP, the span of time you will be allowed to live in Canada will be contingent to the duration of your study program. For coursework of eight months to two years, you will get a permit for the same length of time. For a one-year-long program, you will typically be allowed to work and live in Canada for an extra year. In case you were enrolled in a two-year-long program or have pursued multiple programs, your work permit will commonly let you live and work in Canada for three years.

There are exceptions to the above rules. Under certain circumstances such as PGWP requirements for graduates of some schools in Quebec, for transfer students, for accelerated programs and for flight schools, you may still be allowed to seek a temporary stay in Canada. If you are already employed, you may be allowed to avail an employer-specific work permit that enables you to stay in the country for a definite period of time to work for only that particular employer. You can also apply for an open work permit enabling you to work for any eligible employers.

Work in Canada Permanently After Graduation

If you have finished your education from Canada and have decided to continue living in this country permanently, you may be eligible to apply for permanent residency once you have successfully completed your education. If you have a Canadian education and some work experience while studying, these factors may provide you with some additional help in your application. If you have family in Canada, you can opt for permanent residency through sponsorship. In case these options are not available to you, try applying through Canadian Express Entry. To be able to apply via EE, you are required to have at least 12 months of full-time work experience and you should meet language and other requirements.

Another option for permanent residency is via the Provincial Nominee Program (PNP). Every Canadian province has its own program with its own set of rules, so it is better to compare each of these programs to find something that most closely fits your profile.

Are you looking to apply for work permit or residency? To gain more information and get assistance in your process of filing, reach out to Ronen Kurzfeld, an immigration lawyer in Toronto, Canada.

Adjusting to the Canadian life: A guide for new immigrants

Adjusting to the Canadian life: A guide for new immigrants

The decision of moving to a new country across continents is a big one and comes along with a lot of baggage. As a newcomer in Canada, you will find many significant cultural differences between your own country and the new country where you are about to start a new life. In order to be able to settle in well into a new country, the smartest thing to do is to learn about the Canadian culture and adapt to it so you can escape uncomfortable situations. Doing so will make you feel more confident and happy about your decision to move across the globe. Take a look at some of our advice on how you can get used to the Canadian culture:

Research and read about Canada before your big move: It is important you read as much as you can about the new country prior to your move. Prepare yourself emotionally and get acquainted with the Canadian culture. Learn the local Canadian jargons and popular terms by following the pop culture on this side of the world, read Canadian news sites, watch movies and TV series and listen to podcasts. Continue to read, watch and follow the Canadian resources even after you have arrived in Canada. Once you are in the new country subscribe to some Canadian magazines and newspapers. This will help you gain more familiarity with your new surroundings.

Participate in different groups created by new immigrants and Canadians: It is always wise to get to meet and know other people who are planning a move just like yourself or some others who have already moved to Canada before you. Connect with newcomers from across the world. Every immigrant goes through the same process of acclimatization. You can learn from each other and lend support to one another. Take part in group chats, networking meets and community gatherings to get to know local people and get used to the new environment.

Learn about Canadian holidays: Learning about Canadian holidays and celebrating them will make you feel at home and will enable you to fit in well and become accustomed to your new home.

Try volunteering: Participating in projects and events to assist others without any payment may not be something that might be of any interest to you. However, volunteering will open doors for you to meet new people from various cultures and backgrounds, and allow you to adapt quickly into the Canadian way of life. According to records, approximately 47 percent of Canadians volunteer in some capacity as it adds value to your profile and benefits you to get Canadian job experience.

Join language classes: Canada has two official languages, French or English. It is valuable and is considered an asset to know these two languages. This will make communication simpler and make it easier to call a new country your home. Register into classes to learn and master these languages. You can also practice writing, reading and speaking the new language smoothly.

Develop interest in some popular local sports: Try and pick up local Canadian hobbies and sports such as hiking, skiing, working out in the gym, ice hockey, basketball and so on. You don’t necessarily have to start playing basketball and ice hockey but if you gain an understanding and develop some interest, it will help you in starting conversations and making a new circle of friends.

So, are you all set for your big move to Canada?

One of the most amazing things about Canada is that it is a beautiful potpourri of cultures from around the world. You don’t have to let go of your own culture when you arrive in this country but you can find new cultures to celebrate too.

If you have made the decision to immigrate to Canada, Immigration lawyer Ronen Kurzfeld can assist you and offer you guidance in applying for the Federal Skilled Workers Program or to seek other lawful ways to immigrate to Canada.

Immigration Officials Says that It’s Fraudulent to Grant Passport to Babies Born to Non-Resident Parents in Canada

Immigration Officials Says that It’s Fraudulent to Grant Passport to Babies Born to Non-Resident Parents in Canada

One of the top immigrant officials of Canada has mentioned that the so-called passport babies are a genuine problem in certain parts of the Canadian locales.  It is necessary to close the loophole which is being exploited by some pregnant foreign tourists to curtail the fraud practice.

A former Director General of Citizenship and Immigration has said that the policy resolution passed by the conservatives will end the practice of offering citizenship to babies born in the country is just like using the hammer to squash a fly.

Delegates have endorsed a resolution to put an end to the policy of providing a birthright citizenship claiming that too many people are traveling to Canada simply to give birth and obtain the status for their children.  Party members  have voted to rewrite the key section of the nationality law in Canada. However, the resolution is non-binding for the future government.

Proponents of change that have been introduced by the delegates from Labrador and Newfoundland have said that the move is important for cracking down the foreigners who are traveling here to secure the privileges and perks for their kids who come with being a Canadian.  The change is going to depend on a section of the Canadian Law which has been made intact with the advent of the distinct Canadian citizenship.

Conflicting Statistics

Canada is one among the few developed countries which grants citizenship to any child that is born on its soil irrespective of the immigrant status of the parents. It has some exceptions, such as the children of the foreign diplomats are excluded. This is creating a problem as only 300 babies were born in this country while 2000 were born to the non-Canadian mothers. This phenomenon has become pretty common.  It is crowding the facilities and the space which is available to the residents of Canada.

The Director General has said that he doesn’t want to see birth tourism happen but on the practical side abolishing the birthright citizenship is simply creating inconvenience for the millions of Canadian for addressing a small problem. He has suggested means like asking the hospitals to make the non-residents pay more money for covering the medical expenses. Also, changes in the policy of offering visas can also be made. The visa officials can refuse entry to people if they suspect that the person is traveling to Canada just to give birth.

B.C. Birthing Houses

There has also been a significant rise in the number of birthing houses which hosts pregnant tourists who will give birth to a Canadian baby. Officials are also planning to put some regulations on these birthing houses or to put a ban on them. These houses are an abuse of the system and the policy. Measures should be taken that are more targeted and focused rather than a wholesale change.

According to MP Alice Wong, passport babies can take away the resources from their system. Moreover, it is also dangerous for the mother and child. As a matter of fact, the liberals have also supported this.

Immigrants Fleeing Trump’s Nation With Hope

Immigration Officials Says that It’s Fraudulent to Grant Passport to Babies Born to Non-Resident Parents in Canada

Immigration Officials Says that It’s Fraudulent to Grant Passport to Babies Born to Non-Resident Parents in Canada

One of the top immigrant officials of Canada has mentioned that the so-called passport babies are a genuine problem in certain parts of the Canadian locales.  It is necessary to close the loophole which is being exploited by some pregnant foreign tourists to curtail the fraud practice.

A former Director General of Citizenship and Immigration has said that the policy resolution passed by the conservatives will end the practice of offering citizenship to babies born in the country is just like using the hammer to squash a fly.

Delegates have endorsed a resolution to put an end to the policy of providing a birthright citizenship claiming that too many people are traveling to Canada simply to give birth and obtain the status for their children.  Party members  have voted to rewrite the key section of the nationality law in Canada. However, the resolution is non-binding for the future government.

Proponents of change that have been introduced by the delegates from Labrador and Newfoundland have said that the move is important for cracking down the foreigners who are traveling here to secure the privileges and perks for their kids who come with being a Canadian.  The change is going to depend on a section of the Canadian Law which has been made intact with the advent of the distinct Canadian citizenship.

Conflicting Statistics

Canada is one among the few developed countries which grants citizenship to any child that is born on its soil irrespective of the immigrant status of the parents. It has some exceptions, such as the children of the foreign diplomats are excluded. This is creating a problem as only 300 babies were born in this country while 2000 were born to the non-Canadian mothers. This phenomenon has become pretty common.  It is crowding the facilities and the space which is available to the residents of Canada.

The Director General has said that he doesn’t want to see birth tourism happen but on the practical side abolishing the birthright citizenship is simply creating inconvenience for the millions of Canadian for addressing a small problem. He has suggested means like asking the hospitals to make the non-residents pay more money for covering the medical expenses. Also, changes in the policy of offering visas can also be made. The visa officials can refuse entry to people if they suspect that the person is traveling to Canada just to give birth.

B.C. Birthing Houses

There has also been a significant rise in the number of birthing houses which hosts pregnant tourists who will give birth to a Canadian baby. Officials are also planning to put some regulations on these birthing houses or to put a ban on them. These houses are an abuse of the system and the policy. Measures should be taken that are more targeted and focused rather than a wholesale change.

According to MP Alice Wong, passport babies can take away the resources from their system. Moreover, it is also dangerous for the mother and child. As a matter of fact, the liberals have also supported this.

Immigrants Fleeing Trump’s Nation With Hope

What is the Right Term for the Border Crossers of Canada?

What is the Right Term for the Border Crossers of Canada?

A recent increase in the asylum seekers of Canada who are crossing Canada-U.S border have led to the discussion about what to call them. Some of the people have to say that they are illegal immigrants. While on the other hand other people refer to irregular crossing because of the entries that happen away from the official border points.

The representative in Canada for UN High Commissioner for the refugees says that people should not be qualified as illegal. They are actually regular arrivals.  They might enter irregular. However, there is nothing irregular when you are crossing an international border in order to claim an asylum.  It is very clear in the act of The Immigration and Refugees Protection Act that it is also applicable to the people who transit through some other country.

Conservative MPs have to say that the act of crossing the border is quite illegal. This is an offence under the custom’s act.  This is the reason this is the term that they are going to use.

It is illegal to enter Canada a non-official point of entry. There is no debate regarding whatsoever. The problem arises from the fact that people are coming, illegally crossing the border. Thereafter, they claim the asylum. The officials will not be able to do anything about since the people are allowed to claim the asylum in Canada if when they have entered the country illegally.

The Debate

The law is quite specific when it comes to this. It states that when a person comes through irregular or regular crossing for seeking asylum they are actually doing it as per Canadian law of section 133 of Immigration and Refugee Protection Act.

The Immigration Minister has explained that the reason he has used both regular and irregular for describing the border crossing which happen in between the official point of entry.

Any person who crosses the Canadian border from United States in between the port of entry is surely committing an illegal act. However, when the person claims the asylum, the charge stays pending for determining his/her refugee claim.

Once a person is on the Canadian soil, the charge of crossing irregularly will stay pending prior to the determination of the asylum claim.  A spokesperson for the Public Safety mentions that Canadian law is consistent with the United Nation Convention on Refugees. This indicates that the refugees entering illegally to look for the asylum shouldn’t be penalized if they are presenting themselves to the authorities. In case the refugee claim has been denied, the failed claimant has to leave Canada. As a matter of fact, the claimants might have to face charges for the other crimes. Each of them is assesses for national security and criminality as they are stopped on the northern side of the border.  The prosecutors decide whether they will lay the charge. Anyone who is convicted to the crime can be sentenced to ten years or more than ineligible claim of asylum in Canada.

In between January to July 2018, around one percent of the asylum seekers who have entered in an irregular way have been charged with a criminal code defenses.  There is no charge against claimants who have entered Quebec irregularly. However, who entered Canada irregularly have been removed but the claim of large majority is still being processed.

How Canada Immigration Calculates Processing Time?

Canada: Requirement for North Immigration Strategy

Canada: Requirement for North Immigration Strategy

The modern approach of Canada towards immigration makes two capital mistakes. Firstly, it assumes that immigration in this present century is a southern Canadian phenomenon. This means that most people are invariably going to move to the southern cities like Montreal, Toronto, and Vancouver. Secondly, Canadian immigration has to turn almost exclusively on an economic demand.

Demand for People in North America

There have been reports of continuous and aggressive ice- melting in the Arctic during the summer season. This is part of long term and accelerating trend which serves to confirm that Canada is going to need many more people in the Northern part in the coming years.

In simple words, Canadian immigration and migration in this century is going to be mainly northern in character. This is going to be driven more by the geopolitics and national strategy than the conventional economic considerations.

The settlement of the southern border in later half of 19^th and 20^th century presages what is supposed to come. In comparison to the present day mythology regarding people having populated the 49^th parallel just because it is comparatively warm or because majority of the trade runs with the American neighbors, Canada’s southern settlement’s original logic was basically military in nature.

The U.S. is the natural enemy of Canada and the population of Canada followed the fortifications lines along Canada and U.S. border which was supported by the rail lines gradually spanning the entire expanse of the large country along the east-west axis.

Economics

The economics actually followed the strategic logic and not the reverse. If people are to survive as a country for the balance of the century and have a hope of managing large Arctic and northern real estate which will be exposed and to be contested by the virtue of ice-melt of Arctic. Thereafter, economics will again have to follow a strategic logic.

However, Canadians might not even remember how to do a strategy.

Two Artic Giants

There are mainly two Arctic giants in this present century living irrespective of people like it or not in extreme strategic juxtaposition: Russia and Canada.

On the Russian Side of the Artic Ledger, there are around 2 million people residing in Far Russian North with all supporting expertise and infrastructure commended by a demographic mass. Between 200,000 and 300,000 people living in the leading northern cities such a Yakutsk, Norilsk, and Murmansk. The large Siberian belt underlying the Arctic base in Russia has a population of around 40 million people.

Again on the Canadian side of the ledger, across three Northern territories, there is a total population of about 115,000. Below the territories across ten provinces, the quasi-northern population of the country to be less than two million.

In fact, people of the northern territories have less than one percent people who are actively thinking about or even working on the northern border.

To say the truth, it is difficult to control, manage, and protect the north which includes the environmental terms along with paltry demographic resources. Even if Russia and the other Arctic countries are not taken as future threat, there are not enough people in and when it comes to surviving multilateral or bilateral processes regarding how to manage the north in our interest and also on their terms.

How to Apply for Immigration to Canada on Humanitarian and Compassionate Grounds

How to Apply for Immigration to Canada on Humanitarian and Compassionate Grounds

People who do not qualify to immigrate to Canada under any of its immigration programs may still be able to qualify under on Humanitarian and Compassionate (H&C) grounds. Section 25 of the Immigration and Refugee Protection Act, known as IRPA, gives Citizenship and Immigration Canada (CIC) discretion to grant a person permanent resident status or an exemption from immigration criteria for humanitarian and compassionate reasons. The purpose of the law is to allow flexibility for exceptional cases of hardship. The H&C process is not intended to be an alternative means of applying for permanent resident status.

This article will examine who is eligible for an H&C exemption and how to apply for immigration to Canada on H&C grounds.

Who May Apply on Humanitarian and Compassionate Grounds?

H&C grounds are available to people who already live in Canada who do not qualify for permanent residence, or for people who want to immigrate to Canada who are not eligible under the immigration laws. Humanitarian reasons are most commonly invoked by people whose application for refugee status has been denied. However, there are many other situations where people apply for permanent residency on humanitarian and compassionate grounds. For example:

A foreign national who does not meet specific immigration criteria, such as failing to meet the residency requirements, failing to garner enough points under the skilled worker program, or failure to pass the medical examination, may ask for admission on humanitarian and compassionate grounds.

A person who has been excluded from immigration to Canada due to their medical condition can apply for H&C admission. A government official confirmed that over 90 percent of H&C applications after a finding of medical inadmissibility are allowed.

Some adult children of immigrants who were excluded from the permanent resident process may be eligible under H&C grounds.

There are many other scenarios which could make a person eligible for immigration H&C grounds. As long as there are specific legal obligations that a person must satisfy to immigrate to Canada, a person can request an exemption from the legal obligations on H&C grounds.

Who May Not Apply on Humanitarian and Compassionate Grounds?

The government will not consider H&C requests from temporary resident applicants. It will also not consider an H&C application from people who already have a pending refugee claim.

People who have already been denied admission from the Immigration Review Board within the prior 12 months cannot apply again until one year has elapsed, unless they have children under age 18 who would be adversely affected by removal, or if they can demonstrate that the adult or the dependent has a life-threatening medical condition which cannot be treated in the family’s home country.

Certain rules and restrictions apply to people who have been a “designated foreign arrival” because of the way they entered Canada. If you have been classified as a designated foreign arrival, you cannot apply under H&C grounds unless five years have passed.

H&C Grounds

CIC will decide whether a person meets the standard for H&C on a case-by-case basis. Factors considered during the process include, but are not limited to:

• ties to Canada;

• establishment in Canada (for people already living in Canada);

• best interests of children who would be adversely affected by the H&C decision;

• adverse conditions in the person’s country of origin;

• health considerations, including whether the person’s country of origin is unable to provide appropriate medical treatment;

• family separation;

• whether a person has been unable to leave Canada due to conditions in their home country;

• other unique or exceptional circumstances. 

How to Apply for H&C Admission

Applicants already living in Canada must file two forms: the general application for immigration to Canada (form IMM 0008), and an application requesting an exemption based on humanitarian and compassionate grounds (form IMM 5283.

Applicants living overseas must use the application forms for one of the three immigration classes (family, economic or refugee) and supplement it with information explaining why humanitarian and compassionate grounds should apply.

Six Steps to Canadian Citizenship

Six Steps to Canadian Citizenship

Most permanent residents love their new country and are eager to make the match permanent. Once you have lived in Canada long enough, it is immensely satisfying to become a naturalized citizen. This guide to citizenship is meant for permanent residents who are ready to make it official.

Steps to Canadian Citizenship

The process of becoming a citizen is called “naturalization.” Children of naturalized Canadians are automatically Canadian citizens, even if they are born outside the country.

1. The Residency Requirement

Permanent residents have to meet a residency requirement in order to apply for naturalization. Under the Citizenship Act, permanent residents must physically reside inside Canada for at least three of the last five years before applying for citizenship.

The law was amended in 2017 to make it faster for those who lived in Canada before becoming permanent residents to earn citizenship. Under the new law, if a person was living in Canada on a study visa or as a protected person, they can now count up to 365 days of their time as a temporary resident toward their residency requirement. If a person was in Canada on temporary status prior to becoming permanent residents, they can count each day spent in Canada during that time as a half day, up to 365 days.

 

2. Ability to Understand English or French

The next step to qualify for Canadian citizenship is demonstrating knowledge of English or French. This requirement only applies to people who are between ages 18 and 54. The Canadian citizenship application includes a language test score. A person’s score must show that the person can speak at or above benchmark 4 of the Canadian Language Benchmarks for speaking and listening. In the alternative, if an applicant can show that he or she has completed a post-secondary educational program in either of the official languages, they do not need to take the test. Proof that a person took English or French as a Second Language training while in Canada can also meet the language requirement.

3. Knowledge of Canada

Permanent residents who are between ages 17 and 55 must demonstrate that they have sufficient knowledge about Canada. They must attend a class on the history of Canada and then pass a test about the country’s history and customs.

People who are planning for this test should review the government booklet, Discover Discover Canada: The Rights and Responsibilities of Citizenship, which explains the basic information on the test. The test is not intimidating; it contains 20 multiple-choice questions. To pass, a person must answer a minimum of 15 questions correctly. Those who fail the test can take it again. If it continues to be a problem, a citizenship officer will conduct the test orally.

4. Residency Questionnaires

Often, the process is complete after a person passes the test. However, in some instances, citizenship authorities are not convinced a person has met the eligibility requirements. The authorities will then give the person a Residency Questionnaire requesting more information about whether the person was inside Canada for long enough during the required period. These questionnaires require substantial supporting documentation, and will delay an application for citizenship.

5. Interview with a Judge

If a person has submitted their Residency Questionnaire but the CIC still has questions, a Citizenship Judge will conduct an interview with the permanent resident. The Judge will review the documentation and information to make a final decision about whether citizenship will be granted.

6. Citizenship Ceremony

The final step on the journey to Canadian citizenship is the actual ceremony. At the ceremony, the applicant will swear an oath to be loyal to Canada. The person will be given a new card which establishes their new status as a naturalized citizen. After the person receives the citizenship card, they can apply for a Canadian passport.

Express Entry: The Step-by-Step Process

Express Entry: The Step-by-Step Process

Express Entry was launched by the Canadian government in 2015 to make it easier for skilled workers to obtain legal permanent residency status. The Express Entry system takes place online, allowing candidates to fill out profiles with their language skills, age, job experience, education, transferable skills, spousal qualifications, and more. The profiles are assigned points, and then matched with high-demand labour fields. Applicants with the highest scores are invited to apply for the Canadian permanent residence visa. The visa will be processed in six months, which is much faster than other immigration routes.

This post explains the step-by-step process for Express Entry.

Step 1 – Online Profile

Applicants must begin online, where they create a profile. Once you have registered your online profile, you will be registered with the Job Match account. This is a job bank that helps employers connect with prospective applicants. You can begin searching for a job right away.

Step 2 – Document Checklist

In order to properly score your application, the system will need relevant documentation. To that end, the system will generate a personal document checklist. Mandatory documents at this stage include birth certificates, marriage and divorce certificates, evidence of common law marriage, adoption and custody records, job offer letters, proof of educational credentials such as a CV or resume, proof of work experience, digital photos, and proof of funds. Some people will also be asked to provide medical exam or other special documents. You will also need to send your Educational Credential Assessment, or ECA, along with language test results, to the CIC.

Step 3 – Scoring

The Express Entry tool will rank you with the Comprehensive Ranking System (CRS), which is a points-based system that will give you a numerical score. The CIC will invite applicants with the highest scores in the pool to apply for permanent residency.

There are no minimum points required for Express Entry. However, CRS scoring is transparent. A person will receive points for the following factors:

• Age: the maximum score is 110 points if the applicant is between 20 and 29 years’ old
• Education level: the maximum score is up to 150 points for a PhD
• Language proficiency: up to 160 points for proficiency in English and French
• Canadian work experience: the maximum score is 80 points for people with five years of experience
• Skill transferability: the maximum score is 100 points
• Education of spouse/partner: up to 10 points
• Language proficiency of spouse/partner: up to 20 points
• An additional 600 points are available if a person is nominated through the Canada Provincial Nominee Program after receiving a job offer or graduating from a post-secondary institution in Canada.
• Siblings: in 2017, CRS was changed to award up to 15 points if you have at least one sibling living in Canada.

Step 4 – Invitation to Apply

If your score was high enough to be selected from the applicant pool, you will receive an invitation to apply (ITA). Within 90 days of notification you must submit a completed electronic application for permanent residence. Most complete applications can be completed in six months or less.

Step 5 – Remaining in the Pool or Reapplying

If you are not invited to submit an application for permanent residence, you can still remain in the pool for up to 12 months, as long as you continue to meet the criteria for at least one of the federal immigration programs. If your situation changes or you acquire new skills, you should update your profile.

If the CIC does not invite you to apply for permanent residence within this timeframe, you can start over with a new profile. Assuming you continue to meet the criteria, you will be re-entered into the pool, where you can try your luck again.

 

 

 

What Happens If My Immigration Application is Denied?

What Happens If My Immigration Application is Denied?

When you receive a letter denying your immigration application, it can be one of the most disappointing times of your life. However, this does not mean that the process is over. You may still be able to appeal the denial of a Canadian immigration application.

 

Reasons an Application is Denied

What happens when an immigration application is denied? The first thing you should do is immediately review the CIC’s rationale and check on your appeal deadlines. An immigration application can be denied for a variety of reasons. In some cases, you may be accused of “misrepresentation.” This word suggests lying or deliberately misleading the immigration examiner, but many misrepresentation cases are based on a misunderstanding or misreading of a question. You may be able to appeal if you can show the missing information or documentation was unintentional.

Some applicants are denied because of health reasons. Applicants for immigration to Canada may be refused entry to Canada if health problems were discovered on their medical exam. Health problems like diabetes or hepatitis A, for instance, have been considered burdensome on the Canadian healthcare system, leading CIC to refuse an applicant who is otherwise eligible. You may be able to appeal a denial on health grounds. One way to do this is to get a report from a specialist who can explain your medical condition in detail.

Failing the criminal background check can result in a denial. If there are no past criminal convictions or charges, the CIC may have denied the application in error. If you have a criminal history, it may make an appeal difficult. However, if you can show that you have been rehabilitated, it can be overcome.

 Missing deadlines has defeated many applicants. Since missing deadlines is avoidable, the CIC takes a hard line on excusing lateness. The CIC can be compelled to grant extensions, but only in unusual circumstances.

 Usually the CIC follows procedure in making determinations. In some cases, though, the visa office or examiner simply makes a mistake. They can misinterpret a law or refuse an application for an impermissible reason. Appealing such a case can be difficult without the services of an experienced immigration lawyer.

 

Appeals and Reconsiderations

An appeal is an option if you believe an incorrect decision was made. Appealing immigration decisions is made through judicial review of the decision in the Federal Court of Canada. In such cases, you and your lawyer will explain the grounds for the appeal. The applicable deadlines depend on the type of appeal. If your refusal was made while you were living outside of Canada, you get 60 days to appeal. If you were living inside Canada at the time of the refusal, you only have 15 days to appeal. Federal appeals usually take between six to 12 months of processing time from the date the appeal is filed to the Court’s decision.

You can also appeal to the Immigration Appeal Division (IAD), which hears cases which deal with refugees and permanent residents. If you were sponsored by a family member, they have the right to appeal their sponsorship application to the IAD. The sponsor has just 30 days after the refusal to appeal to the IAD. The immigration appeal processing time at the IAD is usually six months to two years long.

If you believe your application was refused because the CIC did not have enough information or misunderstood the information you submitted, you may be eligible for reconsideration of your case.

 

Re-Applying

When you receive a letter turning down your application, the CIC will often say that you may reapply at a later date. You can submit additional information to supplement or clarify an earlier application by simply filing a new application. This can be the best option if there have been changes in your situation which would positively impact your immigration application.

How to Maintain PR Status in Canada

How to Maintain PR Status in Canada

Once you’ve moved to Canada and achieved your permanent resident card, it’s vitally important that you maintain your permanent resident status. However, the Canadian government knows you will continue to live your life. You may marry and have children, and will still maintain ties to friends and family who live in a foreign country. This often means traveling outside Canada for work or pleasure, or even relocating overseas for a time. This article will explain how to maintain permanent residence status in Canada.

Rights and Responsibilities of Permanent Residents

 Permanent residents have most of the benefits as Canadian citizens. This means as a permanent resident, you can receive health care, study anywhere in Canada, and live and work where you please. You also receive protections under the Canadian Charter of Rights and Freedoms. You must pay taxes and obey all Canadian laws. The only rights you do not have as a permanent resident are the right to vote, right to run for office, and the right to hold some national security jobs.

 Your PR Card

A PR card is proof you have permanent residence status in Canada. When you leave the country for any reason, you will need it to return. People who are permanent residents who travel outside the country without their PR card, or who lose the card, must apply for a PRTD prior to returning to Canada by commercial vehicle.

 Travel

Permanent residents are required to carry their permanent resident (PR) card or permanent resident travel document (PRTD) when traveling on flights, buss, trains, or boats. If you do not have your PR documents, you will not be able to board your transportation back to Canada.

When traveling outside the country, keep your PR card close at all times. When you return from travelling outside the country, you should check to make sure the PR card is still valid and hasn’t expired. If the card has expired, you can apply for a new one. This does not mean that your permanent residency itself has expired, or that you will be required to leave the country.

Living Outside of Canada

Permanent residents can live outside of Canada without losing their permanent resident status. Generally, to maintain status as a permanent resident, you need to live in Canada for at least wo years out of a five-year period. This means being physically present in Canada. If you remain outside of Canadian territory for more than two years, you risk having your permanent resident status invalidated.

However, there are some exceptions to this rule. If you have a job abroad and are employed full-time by a Canadian business, and you were assigned to the post from the head office in Canada, days spent abroad are counted as days spent in Canada. This exception also applies to people who are contractors of a Canadian business.

Losing Permanent Resident Status

 For you to lose your PR status, you will have to go through a legal process. When can you lose your status?

• If an official inquiry determines you are no longer a permanent resident;
• If you voluntarily give up your status;
• If there is a removal order against you which is enforced;
• If you become a citizen of Canada.

Some people elect to renounce their PR status. This happens when a person knows they no longer meet the residence status because they have been living outside of the country. In such cases, a person can formally give up their PR status. This is necessary if the person is living outside of the country and would like to make a visit to Canada, but would rather no wait for a formal assessment of status. In this circumstance, renouncing PR status would make it easier for a person to arrive in Canada for a temporary visit.

If you have any questions about maintaining Canadian permanent residency, reach out to your local CIC or a competent attorney.

What are the Requirements to Enter Canada When Immigrating?

What are the Requirements to Enter Canada When Immigrating?

Canada is one of the top 5 countries to immigrate to in the world. It has a wonderful standard of living, unparalleled natural beauty, a dynamic and growing economy, and world-class educational institutions. If you’re excited about the opportunity to immigrate to the Great White North, you should start by reviewing the requirements to enter Canada. Once you are ready to apply, you’ll need to gather specific documents to facilitate your application for immigration.

 

 

Requirements for Entering Canada

Permanent residency refers to the immigration status which allows you to remain in Canada permanently. Permanent residents have almost all of the same rights of Canadian citizens and may eventually apply for citizenship. Before applying for citizenship, you must be sure you are legally permitted to come to Canada. People who are “inadmissible” under the country’s immigration law include:

• People who are a security risk or who have ties to organized crime;
• People who committed violations of international human rights;
• People who have been convicted of a crime, or who have committed an act that would be considered a crime in Canada;
• People with serious health problems;
• People with serious financial difficulties;
• People who lied in an interview or application;
• People whose family member have been barred or deemed inadmissible from Canada.

Programs for Entering Canada

There are currently over 60 programs which govern immigration to Canada. While that number may seem daunting, the programs are broken down into major categories and Citizenship and Immigration Canada (CIC) has online resources to help you get organized. The categories that may qualify you for immigration include the Federal and Québec Skilled Worker Programs, Provincial Nominee Programs, which all involve an assessment of your job skills and how you could benefit the Canadian economy.

You may also be eligible for immigration based on the Family Class programs which prioritize family reunification by allowing Canadian citizens or permanent residents to sponsor family members. There is also an Express Entry Program for people who already have a Canadian job offer.

Entrepreneurs and investors can apply for immigration to Canada through provincial programs which allow people with a certain net worth to move to Canada. These programs require payment of a deposit and a promise to create jobs in Canada.

 

Documents Needed to Enter Canada

 When you apply for permanent residency, you need the following documents to enter Canada:

• Generic application form (IMM 008), which must be completed by the principal applicant;
• Schedule A, including an official Background Declaration;
• Declaration of Additional Dependents if you intend to bring dependent children;
• Supplemental Travel Information form (IMM562), describing your foreign travels;
• If applying through a Provincial Nominee Program, Schedule 4;
• If applying to live in Québec, Declaration of Intent to Reside in Québec, Schedule 5;
• Additional Family Information form (IMM5406);
• Passports and travel documents;
• Confirmation of Nomination from the Province that nominated you;
• Proof of Language Proficiency;
• Identity and Civil Service Documents (birth certificates, marriage/divorce certificates, and common law partner information, if applicable);
• Child birth certificates, certificates of adoption, and proof of custody;
• Police certificates;
• Two photographs;
• Fee payment.

Who Can Come with You to Canada?

If you intend to bring a spouse, common law partner and/or dependent children with you to Canada, each person must be included in the application. You may include dependent children who are under age 22. Same sex partners have the same rights to immigration as opposite sex partners. Although parents usually cannot be included in an application, Canadian citizens and permanent residents can use the Super Visa program and/or the Family Class sponsorship to bring additional relatives to Canada.

Since Canada’s immigration requirements are subject to change, it is recommended that you consult with an attorney who can help you with the process.

 

 

Why Study in Canada and Where You Should Attend?

Why Study in Canada and Where You Should Attend?

The world is more interconnected than ever before, giving students access to higher education almost anywhere in the world. With so many options, why should a student study in Canada? Canada combines a great university system with a wonderful quality of life, while the cost of higher education is generally lower than it is in other countries like the United States and United Kingdom. This makes Canada an excellent choice for international students who wish to further their education.

Top 10 Universities in Canada

Once you’re convinced that Canada is the place for you, where should you study? Canada has hundreds of excellent institutions of higher learning, but these top 10 universities in Canada have something for everyone.

1. University of Toronto

University of Toronto is one of the world’s best research institutions. Its excellence includes over 700 undergraduate degrees and 200 postgraduate degrees. Its medical school is one of the best in the world. In addition, the school is influential in a number of areas, including stem cell research and computer science. Around 16 percent of students are international.

2. University of British Columbia

University of British Columbia has a highly competitive environment, with seven Nobel prizewinners and 69 Rhodes scholars. The largest cyclotron is housed at UBC and the school is renowned for its work in particle and nuclear physics. Nearly 25 percent of students at UBC are international.

3. McGill University

McGill University is located in Montreal, a truly international city which includes 11 universities and a large and diverse student population. The school of medicine is well known for many clinical programs. McGill’s incoming students average a higher grade point average than entering students at any other school in Canada.

4. McMaster University

Located in Hamilton, McMaster is well regarded in medicine, business, engineering, humanities, science and social science. It has a stellar reputation for cutting edge health science research, including the Stem Cell and Cancer Research Institute. The university has faculty and students from more than 90 countries.

5. University of Montreal

University of Montreal is the second-biggest university in Canada, with around 25 percent of its students coming from abroad. The French-speaking university is famous for its many prominent business graduates, and its contribution to nuclear power and quantum cryptography.

6. University of Alberta

University of Alberta is well known for a number of disciplines, including paleontology, native studies, liberal arts and theatre. Alberta alumni have founded an impressive 70,000 organizations in the world, with a full third of them having a philanthropic, social, humanitarian or cultural mission.

7. University of Calgary

University of Calgary is a public research institution with an impressively international student body representing over 125 nations. It has partner institutions throughout the world and operates 50 research institutions.

8. University of Ottawa

The largest bilingual university in the world, University of Ottawa is located in Canada’s capital city. It offers more than 450 degree programs and is also the home of the largest law school in Canada. Students who graduate from Ottawa have a 97 percent employment rate.

9. University of Waterloo

Waterloo is one of Canada’s youngest major institutions, but it has quickly become one of the country’s leading schools. It offers many comprehensive programs, and its location along Canada’s technology corridor makes it an excellent choice for students interested in tech.

10. Western University

Western University is located in London, Ontario and has a global perspective on education. Its economics and business programs are highly ranked, while its clinical medicine, psychology and public health programs offer students access to hands-on training from some of the country’s best faculty.

Getting a job is the ultimate goal, and job prospects are excellent for international students with Canadian degrees. More than 90 percent of Canadian graduates have found gainful employment in just six months after graduation, so if you graduate from any of these institutions you’ll be on your way.

What’s the Canada Immigration Policy for International Students?

What’s the Canada Immigration Policy for International Students?

Canada boasts some of the best universities in the world. Canada’s immigration policy for international students is very welcoming, with over 350,000 foreign students arriving in Canada to study every year. If you intend to complete a program which lasts six months or less, you do not need a Canadian study permit. However, if you intend to study for a longer duration, or even if you are unsure about the length of your course of study, it is a good idea to obtain a Canadian student visa so you won’t have to leave the country if you decide to enroll in a longer program.

 

 

Eligibility Criteria for Canada Student Visas

 Before applying to study as an international student in Canada, you must meet the eligibility criteria for a Canadian student visa:

• You must have been accepted by a Canadian educational institution
• You must demonstrate you have enough money to pay for tuition, fees, and living expenses for yourself and family members
• You must prove you have enough money to pay for return transportation
• You must not have a criminal record, or be a security risk
• You must be in good general health and willing to take a medical exam
• You must be able to convince an immigration officer that you intend to leave Canada and will leave after your studies are complete

How to Apply for a Canada Student Visa

You can apply for a Canadian study permit online or by filing a paper application. Applying online is faster. If you submit an application by paper, be sure to allow twice as much time to complete the process. The visa office in your home country can assist you with the documents needed from your country. Additionally, the nearest Canadian visa application center (VAC), is also willing to help guide you through the process.

To begin the process, you must have a letter of acceptance from a recognized higher education provider. Students who will study in Québec must also apply for a certificate of acceptance (CAQ), which is acquired from the government of Québec. This document must be received before you apply for the student visa.

Next, you should obtain the application from the Canadian embassy or consulate, or your local visa office. In some cases, you will also need to obtain a Temporary Resident Visa (TRV). This is required when you are a citizen of certain countries for which TRVs are required for entry into Canada. Citizens of visa-exempt countries do not need a TRV. Temporary permits can be processed with your study permit application package, so you do not need to do it ahead of time.

You will need to answer a few question on the Canadian Immigration website. This helps determine if you can apply online, and the questions prepare a checklist of documents you will need to submit.

After Approval

When you are notified that your Canadian student visa application is approved, the CIC will send you an introductory letter. Students who are from countries requiring an Electronic Travel Authorization (eTA) and/or a temporary residence visa will also be issued these authorizations. The eTA will immediately be linked to your passport or travel documents. The eTA will be valid for five years or until your passport expires, whichever date arrives first.

When you arrive at the Canada Border Services Agency (CSBA), present these documents, with your passport, financial proofs and letter of acceptance, and the agency will officially issue your Canadian study permit. Once you receive your permit, you are officially permitted entry into Canada, where you may pursue your studies.

What is Canada’s Immigrant Investor Program?

What is Canada’s Immigrant Investor Program?

Canada’s immigrant investor programs are exclusive immigration streams open to a limited number of individuals each year. The programs once provided a one-step path for entrepreneurs and investors to immigrate by making a minimum investment to get permanent residency in Canada. However, this program is now administered at the provincial level. In most provinces, there is now a two-step process for entrepreneurs who want to invest in Canada by creating a business. Let’s take a look at how the immigrant investor programs work.

 

Two-Step Provincial Entrepreneur Programs: British Columbia, Ontario, Manitoba, Saskatchewan and Nova Scotia

 Provincial entrepreneur programs require candidates to make a minimum investment to get permanent residency in Canada. In addition to a monetary contribution, the immigrant must commit to spending up to two years on a conditional temporary work permit before the province will issue a nomination for permanent residence.

British Columbia, Ontario, Manitoba, Saskatchewan and Nova Scotia all operate a two-step program. In the two-step process, candidates must sign an Investment Agreement compelling the candidate to follow through on a Canadian business investment. In Ontario and British Columbia, for instance, candidates have 20 months to implement a business plan outlined in a Performance Agreement. The province will nominate the candidate for permanent residence if the terms of the agreement are met.

These changes were implemented after controversies about investors who paid a deposit for permanent residency while pledging to open a business, but never followed through on their promise to create jobs in the Canadian economy. The provinces have moved to a more contract-oriented model, with candidates being held to their pledge to open a business in Canada as a condition of permanent residence.

Ontario’s Business Investor Stream

To be eligible for immigration to Ontario under this program, a person must have a business activity which will benefit Ontario. There are five factors that a person and their business partners must meet:

1)      A minimum of 36 months of full-time business experience during the last 60 months. This experience must be as owner or senior manager.

2)      Net worth of $1,500,000 if the business will be located within the Greater Toronto Area. Business located outside of this area must have ownership with a net worth of at least $800,000.

3)      For businesses within the Greater Toronto Area, minimum investment of $1,000,000. For businesses outside of this area, a personal investment of at least $500,000.

4)     The business must create at least two permanent full-time jobs for Canadian citizens or permanent residents.

 5)      If a person plans to make their investment by purchasing an existing Canadian business, the investor must make at least one visit to Ontario during the 12 months before the application is submitted.

 All provinces which follow this format follow a similar process. Check with the local province to find the most recent minimum investor amount.

 

One-Step Provincial Entrepreneur Programs: Québec, Prince Edward Island and New Brunswick

Québec has a one-step program permitting investors to become permanent residents for a minimum investment of $800,000 for a period of five years. A person who applies for the Québec stream must have a net worth of at least $1.6 million, an intention to settle in Québec, and prior senior management experience. The person does not need to sign an Investor Agreement.

Prince Edward Island and New Brunswick also operate one-step programs. For example, an investor can secure permanent residency in P.E.I. with a $200,000 deposit and a personal net worth of at least $600,000. New Brunswick allows immigration for investors who have a $300,000 net worth and a deposit of $75,000.

Alberta’s Self-Employed Farmer Stream

Alberta’s entrepreneur stream is only open to self-employed farmers who are able to invest a minimum of $500,000 of equity in a primary production farming business. Entrepreneurs in this category may be required to show that they can invest more than the minimum amount.

For more information visit:

The Ultimate Canada Visitor Visa Checklist

The Ultimate Canada Visitor Visa Checklist

Are you planning to visit Canada in the near future? If so, you need to be aware of the requirements for obtaining a visitor visa. A visitor visa, also called a temporary resident visa, is an official document stamped in your passport demonstrating that you meet the legal requirements to travel to Canada. This post explains exactly what travelers must do to enter Canada.

Step 1: Canada Visitor Visa Checklist

The first step is making sure you meet the basic requirements for travel to Canada. You must have:

• A passport or other valid travel document
• Be in good health (a medical certificate may be required)
• Have no criminal convictions
• Demonstrate an intent to return to your home country
• Have enough money for your stay (bank statements may be required)

Step 2: Determine if You Need a Medical Exam

People who intend to visit for six months or less generally do not need a medical exam unless they work in specified health fields or in agriculture. You need a medical exam if you will remain in Canada for more than six months, and:

• You have lived temporarily for six or more months in a row in specified countries in the year immediately prior to the date you will enter Canada.
• You are coming to Canada to work in a job where public health must be protected.
• You are applying for a Parent and Grandparent Super Visa.

If you need a medical exam, contact the visa office for instructions on how to proceed.

Step 3: Documents Required for Canada Visitor Visa

The nearest visa application center (VAC) can help with the paperwork. Generally, you need the following forms and documents to complete your visitor visa application:

• Application for Temporary Resident Visa
• Family Information Form
• Photocopy of the Information Page of Passport
• Two Photographs (with name and date of birth written on back)
• Proof of Financial Support (bank statements)
• Photocopy of Marriage License or Certificate
• Purpose of Travel Statement
• Photocopy of Current Immigration Status (if your country of residence is different from your country of citizenship, you must provide proof of legal status)
• Custody Documents or Letter of Authorization from Both Parents (for minor children traveling with one parent)

You can apply online or on paper. Each person who seeks entry into Canada must submit a separate application.

Step 4: Pay Application Fees

As of December 2017, the fee schedule for visitor visas and super visas is as follows:

• Visitor visa / super visa = $100 per person
• Visitor visa for family of five or more = $500 total

To be eligible for the visitor visa for a family of five or more persons, dependent children must be under age 22 and the family members must apply at the same time and place.

Step 5: Biometrics

Some visitors to Canada need to give biometrics (fingerprints and a photograph). If you need to give biometrics and are applying on paper, the application must be submitted in person at the VAC office.

Step 6: Submit the Application

Families are required to send their applications together with one package. To identify the proper office, visit the webpage and select your country where you currently live.

Step 7: Application Processing

After you submit the application, it will be reviewed to make sure it has all the supporting documentation. Most applications are processed in just a few weeks. After the application is processed, your passport and original documents will be returned to you.

Step 8: Approved

Once your application is approved, the visa will be stamped inside the passport. When you arrive in Canada, a border agent will ask for your travel documents.

Documents required for a Canadian visitor visa are subject to change. Be sure to check the VAC for the most recent information for your country.

Are you interested in immigrating to Canada permanently? Contact the Immigration Law Office of Ronen Kurzfeld to see how we can make your Canadian dream come true.

How to Become a Canadian Resident

How to Become a Canadian Resident

Canada is a beautiful country with a vibrant economy and a history of welcoming immigrants. Canada allows more than 200,000 people per year to immigrate to Canada as permanent residents. Once a person has been approved, they receive a Permanent Resident Card which entitles them to almost all of the same rights and responsibilities of Canadian citizens.

 

This guide to obtaining permanent residency is designed to give you a step-by-step explanation of how to become a Canadian resident. If you want to immigrate to Canada or have a pending application for permanent residence, it is recommended that you speak with a qualified immigration attorney for assistance.

 

Requirements to Become a Canadian Resident

 

The first step is ensuring you meet Canada’s minimum requirements for permanent residency:

• You must be 18 years old to become a Canadian resident. Minors must have a parent or legal guardian fill out the application on their behalf.
• You are not eligible for immigration if you have committed a crime, have a serious health issue, are in financial trouble or if you (or someone you are related to) have been barred from Canada.
• You must speak either English or French.

Once you are sure you meet the minimum requirements, you can determine which immigration program is best for your situation.

 

If you have a job lined up already, you can apply for Express Entry into Canada. This internet-based system makes it faster for Canadian employers to get approval of their new hires.

 

Immigration Categories

 

Do you have a job offer in Canada? Do you have family in Canada who can sponsor you for permanent residency? Do you have a specific job skill which could benefit Canadian employers? Are you an experienced caregiver? Are you an entrepreneur? Do you have French language skills or ties to Québec?

 

If you answered yes to any of the other questions, you probably qualify to submit an application for Canadian permanent residence under one of Canada’s immigration categories:

Skilled Worker Class Immigration

If you have specific job skills, experience, and education, you may be able to become a resident under the Skilled Worker Class. This class evaluates people based a points system which awards points for education level, language skills, work experience, age, employment, and adaptability. Applicants will receive an overall score indicating whether they are a good candidate for permanent residence status.

Once you have been given a numerical score, other factors will be evaluated as well, such as criminal history and the needs of the Canadian labour market.

Business Class Immigration

Investors, entrepreneurs and self-employed persons can qualify for permanent residence under the Business Class program. Business Class immigration requires the applicant to demonstrate they have significant financial resources.

Provincial Nomination

Canada’s immigration system allows the provinces participate in selecting immigrants who have certain skills. If you have a specific province or territory in mind, you should contact the representative immigration office and apply for nomination through that office.

Family Class Immigration

If you have family ties to Canada, your relatives may be able to sponsor you for permanent residency. Around 30 percent of all immigrants are sponsored by family already living in Canada. Your family is required to pledge financial support as a condition of Family Class immigration.

Québec-Selected Immigration

The province of Québec selects individuals which meet its own criteria for immigration.

Application and Invitation

Before you can receive your permanent residence card, you will most likely need to pass through two screening levels: provincial and federal. Some people will be permitted to immigrate as a temporary resident and then file for permanent residency while living in Canada. People who file the application while living outside Canada are not able to move until they receive their official invitation.

Who Can Sponsor an Immigrant to Canada?

Who Can Sponsor an Immigrant to Canada?

Under the Family Class immigration category, citizens and permanent residents can sponsor their relatives, including foreign spouses, partners, dependent children, parents, or grandparents for immigration to Canada. The Canadian government makes family reunification an important goal, and over the next three years, the country will welcome over 260,000 people who will be reunited with their family in Canada.

 

 

Who Can Sponsor an Immigrant to Canada?

A person can become a sponsor if:

• They are at least 18 years old;
• They are a Canadian citizen, permanent resident, or person registered as an Indian under the Canadian Indian Act,
• They can prove they are financially able to assist the sponsored person(s); and
• They have enough income to provide for basic needs of dependent children of the principal applicant.

 

Who Cannot Sponsor an Immigrant to Canada?

 Certain people cannot sponsor immigrants to Canada:

• People who failed to pay an immigration loan, a performance bond, or family support payments;
• People who have not been able to provide for the basic needs of previously-sponsored relatives who received social assistance from the government;
• People who are under an immigration removal order;
• People who are incarcerated;
• Those who receive social assistance (unless they are disabled), or who are going through bankruptcy;
• People who were sponsored by a spouse or partner who became a permanent resident less than five years ago;
• People who have sponsored a previous spouse or partner and three years have not passed since the spouse or partner became a permanent resident; and
• People convicted of sexual offences, violent offences, or offences which caused bodily harm to a relative, and persons who attempted or threatened to commit this type of offence.

 

Sponsorship of Spouses, Common Law Partners and Dependent Children

 

A Canadian citizen or permanent resident can sponsor a spouse, common-law partner, conjugal partner or dependent child as long as the applicant and spouse or dependents are not inadmissible. For sponsorship purposes, a spouse can be opposite or same-sex and must be married to the Canadian citizen or permanent resident.

If a couple was married in Canada, they must provide a marriage certificate from the territory or province where they were married. If the couple was married outside of Canada, the marriage must be legally valid in the country where the marriage was performed, as well as legally valid in Canada.

A couple does not need to be married to take advantage of the spousal or common law partner sponsorship provision. If a couple has lived together in a conjugal relationship for at least 12 months, with no interruptions, they are eligible for family sponsorship. However, the CIC may require couples to prove their relationship with photographs and other evidence.

The government wants to ensure that sponsored family members have adequate support once they arrive in Canada. Spouses and common law partners must sign a formal agreement which confirms that both people understand their responsibilities. The sponsoring person must also sign an agreement pledging to provide for the basic needs of the spouse, partner, dependent child or other relative.

There are unique requirements to sponsor a close relative to Québec. If you live in Québec, it is important to review the law and consult with a lawyer about the Québec process.

 

Spousal Sponsorship Processing Time

 Generally, it takes 18 months to complete the sponsorship process for people who live outside of Canada, and 24 months for applications by people living inside Canada. In December of 2016, the Canadian government announced its plans to process 80 percent of the spousal sponsorship applications within 12 months. New application forms and procedures are streamlining the process and reducing the waiting time. For example, medical examinations are no longer needed upfront and police certificates are only required for the countries where the spouse or partner most recently lived and where they spent most of their lives since age 18. Complicated or unusual applications may still take more than one year to process.