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.