Thursday, March 29, 2018

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.

 

 

 

Tuesday, March 27, 2018

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.

Thursday, March 22, 2018

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.

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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