Thursday, March 15, 2018

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.

 

 

Thursday, March 8, 2018

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.

study permit lawyer canada

  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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

Wednesday, February 14, 2018

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.

Wednesday, February 7, 2018

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.

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Thursday, February 1, 2018

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.

Wednesday, January 24, 2018

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.

Thursday, January 18, 2018

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.