Immigration Blog

Immigration Blog about US & Canadian Immigration matters.

Immigration Blog about US & Canadian Immigration matters. If you would like to learn about US and Canadian immigration matters you have came to the right place to read blogs.

Restoration of Status

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It is common that foreign nationals who are visiting, working or studying in Canada want to stay longer than originally intended authorized stay. If you are looking to extend your stay in Canada, you will need to undergo a restoration of status. To learn more about what restoration of temporary resident status, eligibility requirements and how to apply continue reading below.

What is restoration of status?

As a temporary visitor in Canada, whether studying, working or just visiting, you have an authorized length of time. When the authorized amount of time is coming to an end and you wish to stay longer, you must apply to restore your status within 90 days of the expiry date of your Temporary Resident Visa. This process is known as “restoration of status”

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Reasons for inadmissibility apart from criminality

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When foreign nationals are looking to come to Canada, they must first make sure that they are not inadmissible. Inadmissibility comes in forms other than criminality. Continue reading below to learn how you can be denied entry to Canada for reasons other than criminality

A foreign national can be denied entry to Canada and deemed inadmissible for any of the following reasons and must obtain the proper authorization to re-enter or come to Canada.

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Coming to Canada as or with a minor

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If you are under the age of majority or travelling with a minor to Canada, you must adhere to strict guidelines. The border officers are on the lookout for missing children, runaways and those being taken against their will. Minors travelling without proper documentation will be turned away at the border. Continue reading below to learn about the proper documents required.

What is a minor?

Each province/territory in Canada has its own age of majority. Anyone under that age is considered a minor.

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Express Entry Programs

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What is express entry:

The Express Entry category is an electronic and online system that manages applications for permanent residence for certain Economic programs. The Express Entry will also facilitate a faster processing time as Canada seeks out ways to increase economic stability through immigration

Candidates are ranked in the pool using a points-based system called the Comprehensive Ranking System (CRS). The highest ranking candidates are selected from the pool and are invited to apply for permanent residence.

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Renewing your PR card

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Is your PR card about to expire or has it already? Are you travelling outside of Canada soon and it will expire during that time?  Continue reading for your options to renew your PR card

What is Permanent Residency in Canada?

Permanent residency refers to the status given to individuals who have immigrated to Canada and are here to stay permanently.  They are not Canadian Citizens (yet) but are citizens of another country. Permanent residents are afforded most of the same benefits and privileges that Canadian citizens have. Some of these include:

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Hiring International Students

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Hiring Study Permit Holders

International student can still be hired while they are completing their studies. Students may work off campus without a work permit as soon as they start their Canadian studies. Study permit holders are able to work for eligible Canadian employers for up to 20 hours/week during the academic year, and full time hours during summer and other scheduled breaks. Students do need to meet certain requirements. These include:

  • Be a full time student ( in a program that is a minimum of 6 months long)
  • Have a valid study permit
  • Be studying in an academic program that leads a degree, diploma or certificate, or in a professional/ vocational training program
  • Be enrolled in a designated learning institute at the post-secondary level or in Quebec- a vocational program at the secondary level

 Once the student has met all of the above requirements, they may apply for a Social Insurance Number (SIN)

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Applying for a Study Permit

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Canada is recognized worldwide for the outstanding quality of education, from elementary school to post- secondary studies. Our educators are highly trained and bring diverse prospective into the classroom.  Is it a wonder why people from all around the world strive to build upon their education in Canada? If this sounds like what you would like to accomplish, continue reading to learn more.

What is a Canadian Study Permit?

A Canadian study permit is a legal document that is issued to foreign students who wish to pursue Canadian education. The study permit allows these students to study at a designated learning institution (DIL) at the post-secondary level. A study permit must be applied for before entering  Canada but it is also important to note that the permit does not act as a visa or eTA to enter the country

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Canadian Experience Class: An Overview

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The Canadian Experience Class (CEC) is one of the ways that gives you the opportunity to become a permanent resident of Canada. Applicants are ranked on the government’s comprehensive ranking system (CRS), and every so often a certain number of top applicants are given an invitation to apply. To learn who is eligible and how to apply for permanent residency through the Canadian Experience Class, continue reading below.

Eligibility Requirements for Canadian Experience Class

The purpose of express entry is to invite skilled foreign nationals in the hope of strengthening the Canadian Labour market. The specific eligibility requirements are:

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Entering Canada with a DUI

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Drunk driving charges are processed under many names worldwide, but they all equally have the potential to make you criminally inadmissible to Canada. These charges include, but are not limited to Driving Under the Influence (DUI), Driving While Intoxicated (DWI), Wet and Reckless (W&R) Reckless Driving, driving without Due Care and Attention. These charges can and will affect your chances of crossing the border into Canada. You do have hope if you’ve been charged though, read below for options of overcoming criminal inadmissibility because of your DUI.

Temporary Solution: Temporary Resident Permit

The Temporary Resident Permit (TRP) is a document that overcomes your inadmissibility and grants you entry to Canada but only for a limited time. The period of validity for a TRP is completely based upon the officer’s discretion. When the application is being reviewed, the officer considers whether your “need” to enter Canada outweighs any risk you might pose to Canada and Canadian Citizens. When looking to enter Canada with a DUI. The TRP is the fastest option, since for urgent travel you can apply at the port of entry.

The most important factors for an immigration officer in making the decision is the “risk vs. need”. The officer will investigate the following factors to make sure the threat you may pose on Canada is low and your need to enter Canada is justified.

  • The seriousness of the offence
  • Behaviours involved (alcohol, drugs)
  • Evidence that you are rehabilitated or reformed
  • Chances of successful settlement without committing any further offenses
  • Completion of all sentences, fines paid or restitution made
  • Eligibility for rehabilitation or pardon
  • Time since offense occurred
  • Pattern of criminal behavior

Permanent Solution- Criminal Rehabilitation

A criminal rehabilitation application would service as a permanent solution for overcoming your inadmissibility to Canada for a DUI. You may travel to Canada without the worry of your past criminal record on a permanent basis if your application is approved and you do not reoffend. Criminal Rehabilitation applications take approximately 12-18 months for a decision to be made, all depending on the nature and severity of your offence.

In order to adequately qualify for Criminal Rehabilitation, a period of at least 5 years must have passed since the completion of the sentence. The sentence includes, jail time, fines, probation, parole etc. Once all of these factors are complete, you are eligible to apply for Criminal Rehabilitation. The approval of your application is directly based on the officer’s discretion.  Officer’s want/need to make sure you do not pose any threat to Canada or Canadians, making them extremely vigilant.

Important Documents for Overcoming your Inadmissibility

 For both Criminal Rehabilitation applications and temporary resident permits that most important documents reviewed are criminal background checks. These must be provided for every country you have lived in for 6 months or more since the age of 18. For applications from the United States, you must submit FBI clearance certificate and criminal background checks for every state lived in and the state in which the offence occurred  (if different than residential state)

The applicant must also provide supporting documents relevant to the criminal record. These may include court documents that show sentence imposed, probation completed, fines paid, community service completed etc. You also need to supply a personal statement, letters of reference, employment letters. It is extremely important to show the officer that you have completed your sentenced but also demonstrate that you are fully reformed. The more information you can provide that shows this, the better your chances the immigration officer will approve your application.

Akrami and Associates

The Canadian government is very strict on Criminal Rehabilitation applications and Temporary Resident Permits. The need for strong supporting documents, and the difficulty in convincing the reviewing officer make these applications very difficult to pursue on your own. It is highly recommended to seek professional assistance in building a strong case. At Akrami and Associates, our legal representatives has assisted hundreds of clients overcome their inadmissibility. Feel free to contact us today for more information or to book a consultation. 416-477-2545  This email address is being protected from spambots. You need JavaScript enabled to view it.

With Akrami & Associates there is always a way!!

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Criminal Rehabilitation Eligibility

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If you have a criminal history, you may not be allowed to enter Canada. It is a major deciding factor on whether you are allowed entry. This is called criminal inadmissibility. You will find yourself refused at the port of entry if you attempt to enter without the legal and necessary steps and precautions taken. In this blog, we will discuss who is eligible for criminal rehabilitation in order to be admissible to Canada.

Qualifications for Criminal Rehabilitation

To be deemed eligible for Criminal Rehabilitation the application must be able to prove the following:

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Humanitarian and Compassionate Applications

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You’ve been living in Canada for some time, You’ve integrated in Canadian society. You’ve made friends, your children go to a Canadian school. You’ve made Canada a home. But now your legal status has expired and you have no other viable immigration options. Now what? Humanitarian and Compassionate grounds may be a path for you to remain in Canada permanently. In this post, we will explain what Humanitarian and compassionate grounds are, who can/can’t apply, how the process works and eligibility requirements.

What is a Humanitarian and Compassionate PR application?

The H & C PR application is a pathway available to people who have made Canada their home and established close Canadian tie but lack the legal status and are not eligible to apply for permanent residency through other options. More specifically, H & C applicants are applying because they will suffer extreme hardships if forced to return to their country of citizenship.

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Authorization to Return to Canada (ARC)

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An Authorization to Return to Canada (ARC) is special permission from the Canadian Government that you may need if you are looking to come to Canada after being subject to a removal order. Removal Orders fall under 3 categories, each of which result in you admissibility to Canada.

Continue reading below to find out if you need to apply for an ARC before legally returning to Canada…

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Application Process for PNP

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Many provinces and Territories in Canada have a program in which they can nominate individuals that have certain skills, education and work experience to immigrate to Canada through the Provincial Nominee Program (PNP). Each province and territory has their own specific criteria for the program, thus allowing provincial government to have more control of the employers and services within their regions. Continue reading below for an overview of the basic application process for the Provincial Nominee Program in Canada.

How do I apply?

You can either apply directly to the PNP program you want based on where you want to live in Canada or you can apply through the express entry program.

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Agri-Food Immigration Pilot

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The new Agri-Food Immigration Pilot was designed to help address the labour needs of the Canadian Agri-food sector. Debuting in March 2020, this pilot program will run until May 2023. It is aimed at attracting non-seasonal farm and livestock workers who have the intention of settling and remaining in Canada year round. To learn how you can apply for permanent residency in Canada through this new immigration pilot program, continue reading below.

About the Process

To apply for permanent residency through the Agri- Food Pilot, you must meet all of the following requirements to be deemed eligible:

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Intra Company Transfer

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You may be able to secure a Canadian work permit though the Intra- Company Transfer program if you work for a company that has a parent company, branch, subsidiary or affiliate in Canada. Employers wishing to bring an international staff member to Canada as an intra- company transferee are exempt from the requirement to obtain a Labour Market Impact Assessment (LMIA). For this reason, the process can be cost effective, simpler and quicker than the LMIA route. Continue reading for more information.

Who is eligible for Intra-Company Transfer

In order to be deemed eligible to work in Canada under the Intra-Company Transfer program, workers must be in one of three categories:

  1. Workers with Specialized knowledge- Specialized employees have narrow expertise in an important function of the organization,  including unique skills and experienced with the company’s service, products and procedures.
  2. Executives: executives direct management and major parts of the business. They receive only minimal supervision from other levels of management.
  3. Senior Managers: manage part and/or all the business, Supervise other managers, and are in charge of hiring, firing, and promoting.

In all instances, workers looking to be transferred to Canada must have at least one year of full time work experience and be performing comparable work in Canada. There also must be a qualifying relationship from the employer and employee for a work permit to be issued.

How long is the Intra-Company Transfer Valid for:

Seven years for executives and seniors managers. Five years for specialized knowledge works. Once the maximum time has been reached, you need to complete one year of fulltime work outside of Canada than you would need to reapply.

Important note:

Intra-company transferees are often in a strong position to become permanent residents of Canada. Permanent residents can reside and work in any location in Canada.

Can you Change Employers while in Canada?

This permit is employer specific, so the answer is no. If your employment within the company ends, you would need to leave Canada, unless you were approved for another visa

The company is a start-up. Is there additional requirements?

To determine eligibility for a start-up company, the company must provide proof of financial stability and a plan for growth within Canada. The initial permit approved for this is usually one-year.

Can my Spouse and/or Children accompany?

Spouses and children are permitted to live in Canada as part of this program.

Important Factors to consider:

  1. Education: Your education level should reflect your intended purpose in Canada as well as you current position within the company
  2. Experience: Your experience should be comparable to your claim of unique knowledge within the company
  3. Knowledge: Knowledge in your field/ occupation should be based on experience within the company and be unique to your occupation. Not just anyone would be able to accomplish the job you’re intended to do.
  4. Training: training you have received should reflect how you have gained specialized knowledge
  5. Supporting documents: Resume, referenced letters etc. should all reflect your claims regarding these factors

Akrami and Associates

Applying for an Intra-Company Transfer permit must be done carefully. To ensure you have the highest chances of approval, it is recommended to go above and beyond the minimum requirements. At Akrami and Associates, our representatives are experienced with these types of work permits. We can guide you through the process, start to finish, to ensure the best possible chance of success. Contact us today 416-477-245 or This email address is being protected from spambots. You need JavaScript enabled to view it.

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Visitor Visa: what you need to know

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Looking to travel to Canada? Want to visit the CN tower? Niagara falls? Take in the scenery at Banff National Park? Looking to attend a family function or special event? Canada enjoys its visitors as much as its visitors enjoy Canada.  There may be various reasons you wish to visit Canada so it important to know who needs a visitor visa and how you can apply for one.

If you are from a country that is visa required, it is important to understand the process of a visitor visa application. Continue reading this blog for more information on visitor visa application and how the process works.

What is a visitor visa?

A visitor Visa (also known as a Temporary Resident Visa) is an official document that confirms that you able to enter Canada. Not to be confused with a B-2 tourist visa. Essentially it is the same thing but a tourist visa is for the US, not for Canada.

Anyone wishing to visit Canada must apply from outside of Canada before they travel. A variety of factors determine what you need:

  • the type of travel document you plan to travel with;
  • the country that issued your travel document;
  • your nationality
  • how you plan to travel to Canada.

Most people wishing to visit Canada need the Visitor Visa, but one should check the visa exempt list to see if an “Electronic Travel Authorization (ETA)” is sufficient.

What is the difference between an ETA and a visitor visa?

There are some foreign nationals that only need an Electronic Travel Authorization, if they are planning to transit to or fly to Canada. An Electronic Travel Authorization (often referred to as an ETA) is available only for visa-exempt people, these are individual who do not require a visa to enter and visit Canada.  An eTA is usually valid for a period up to 5 years or until the validity of your passport.

Most people have the misconception that they even with a valid ETA, the traveller must convince the border agent that they are eligible to enter Canada legally.

What is the difference between a single entry and a multiple entry visa?

There are 2 types of visitor visas, single entry and multiple entry.  A single entry visa allows visitors to enter Canada once and is usually valid for up to 6 months.  A multiple entry visa allows the holder to seek entry to Canada as many times as necessary, and holds a maximum validity time of 10 years.

A multiple entry visa is what all applicants apply for, once your application is reviewed, either a single or multiple will be issued dependent on the situation. This remains at the discretion of the visa officer.

What are the requirements?

In order to qualify for a visitor visa- you must be deemed eligible. There is a certain criteria you must meet in order to apply. You must be able to show the officer that you meet the requirements

A few of the basic requirements are as follows:

  • Valid travel documents ( example: Passport)
  • Good Health ( a medical exam may be required)
  • Clean criminal record/no immigration related convictions
  • Solid ties to home country (You have good reason to leave at the end of your visit, these may include family ties, property ownership, employment, financial assets)
  • Enough money to maintain yourself and family members with you for the entire duration of your stay, including trip home.
  • No intention of work or study while in Canada unless authorized
  • Not a threat to Canadian security
  • Must be able to convince the immigration officer that you will leave Canada at the end of your visit.
  • provide any additional document requested by the officer to establish your admissibility,

The more information evidence that you can provide that your stay in Canada is temporary the more likely your application will be approved.

Reasons you may be inadmissible?

Some people are not allowed entry into Canada. You may be inadmissible to Canada for several reasons

Some examples include being involved in:

  • Criminal activity
  • Human rights violations
  • Organized crime
  • You may also be inadmissible for security, financial and/or health reasons.

How long is processing time?

Immigration Canada will process the application

  • Processing times vary depending on office and completeness of application. Most offices do process within a few weeks
  • May be asked to complete additional steps ( Interview, send more info, medical exam, police certificate)
  • Be prepared to give your biometrics (finger prints and photos) after applying. You have 30 days

If the application is approved, the visa will be stamped on your passport. If the application was not approved, you will receive an explanation of why it was refused.

Important notes:

A visitor visa does not necessarily guarantee access into Canada once you have arrived. Upon arrival, border services will verify your identity to make sure you are the person authorized to enter.

To help avoid people overstaying their authorized welcome in Canada and remaining here illegally, the border officers scrutinize all applicants more than most other types of applicants.

Akrami and Associates

The application criteria set forth by the Government of Canada is very strict in regards to a visitor visa. Even a minor detail missed can mean that your application gets denied. The assistance and qualified guidance of immigration professional can and will alleviate the stress and hassle.

Contact Akrami & AssociatesContact Akrami & Associates to determine what steps you need to take as a visitor to Canada. Akrami & Associates has assisted many clients successfully and would love to make your entry to Canada as easy as possible.

Contact us at 416-477-2545 or you can also login to our website www.thevisa.ca. We are here to assist, facilitate and navigate you in all your visa needs. We provide tailored information, guidance and services which best suit your needs.

With Akrami & Associates there is always a way

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"O Canada" Canadian Citizenship

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“O Canada! Our home and native land” Gaining Canadian citizenship is a goal for many. Continue reading below for eligibility requirements and the pathway to becoming a Canadian Citizen.

Eligibility

To be eligible to become a Canadian Citizen you must:

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The Rural and Northern Immigration Pilot

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The Rural and Northern Immigration Pilot is a community driven program designed to extend the benefits economically of immigration to smaller communities. This is done by creating a path to permanent residency for skilled foreign workers looking to live and work in the participating communities

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International Experience Canada: an overview

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Are you looking to experience the world, to discover your strengths, gain valuable work experience, take your career to the next level, develop life-long connections or find a new passion while working abroad? Are you a Canadian Citizen between the ages of 18-35? International Experience Canada offers these opportunities. Your future is in your hands. Continue reading below to get an overview if the International Experience Canada might fit your future.

What is the International Experience Canada?

The IEC offers you the opportunity to work and travel abroad. IEC provides a pathway to a work permit or visa to work and explore over 30 countries and territories. Canada has agreements with over 30 foreign countries and territories that are designed to make it easier for youth to travel and work abroad. With these agreements in place, it also makes it easier for youth from all of these countries to work and travel in Canada. Under the International Experience Canada agreements work permits are usually easier to get, less expensive, more flexible and processed more quickly than most other work permits. The IEC permits can be valid from up to 2 years.

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Extending your stay in Canada

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You crossed all your T’s and dotted all your I’s. You’re in Canada and are looking for ways to extend your stay. Continue reading below for ways to do so.

 

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