Immigration Blog - Page 10

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.

How to write an Invitation Letter

How to write an Invitation Letter
Who is a Business Visitor?

To be considered a Business Visitor to Canada you need to be only engaging in international activities without directly entering the Canadian labour market. So these are individuals that come to attend business meetings, conferences, lectures, come for training in the Canadian parent company, come to train staff in the Canadian branch, buy Canadian goods or service, give after sales service or they come to be trained by the Canadian company for a product or service they purchased. To demonstrate your bona fida Business Visitor it would help to include a Business Invitation Letter from the employer in Canada.

Business Invitation Letter

Business Visitors do not require a work permit and therefore having an invitation letter from the person that is inviting you is highly recommended. The Business Invitation Letter should include the following information:

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Hire a Temporary Foreign Worker in a Low Wage Position

Hire a Temporary Foreign Worker in a Low Wage Position
Hiring Temporary Foreign Worker to Canada

Would like to hire a Temporary Foreign Worker in your company but don’t know which route to take? There are many things that employers must determine before attempting to hire a temporary foreign worker. One of those things is the wage you will be paying this temporary foreign worker. For the purposes of this blog I will be talking about the low-wage positions. Let’s take a look at how the wages are determined for low paying jobs.

What to Consider when Hiring Temporary Foreign Worker to Canada

If you wish to hire a temporary foreign worker in your company, you must first determine whether you have a need for a foreign worker or not. Firstly, you have to determine whether or not this position can be taken on by a Canadian citizen or permanent resident. There are many ways of doing this as previously explained in the blogs section of our websites. If and when you establish that you have not found anyone in Canada that would carry out the position you are hiring for after doing extensive research, you may be allowed to hire a temporary foreign worker. This has to be determined by applying for a Labour Market Impact Assessment (LMIA) through the Employment and Social Development Canada and Service Canada. However, determination of labour shortage may not allow you to bring your foreign worker into Canada. You must apply for a work permit given that you receive a positive labour market impact assessment.

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Recruitment Efforts under the Labour Market Impact Assessment

Recruitment Efforts under the Labour Market Impact Assessment
Hiring Foreign Worker to Canada

Want to hire a temporary foreign worker but don’t know where to start? There are many steps involved in the process of hiring a foreign worker; for example, the process of applying for a positive Labour Market Impact Assessment (LMIA). There are certain steps that employers need to take even before they start their LMIA application process. Let’s examine what you need to do before you can even be eligible to apply for an LMIA.

What is a Labour Market Impact Assessment?

A Labour Market Impact Assessment (LMIA), formerly known as a Labour Market Opinion (LMO) is a document that employers have to apply for and it is processed by Employment and Social Development Canada (ESDC) and Service Canada. In other words, this document is the proof that Canada lacks the kind of skilled work or labour that you as an employer might be looking for. A positive LMIA document will enable employers to hire temporary foreign workers as it enables individuals to apply for work permits. Having a positive LMIA does not guarantee an approved work permit which is a separate procedure that should be conducted on its own.

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Open Spousal Work Permit Eligibility

Open Spousal Work Permit Eligibility
Open Spousal Work Permit

Have you applied for a Spousal Sponsorship and your spouse is in Canada without a job? Would you like to work and be able to support your family? You can now apply for an Open Spousal Work Permit and support yourself and your family while you wait for the results of your spousal sponsorship application.

What is a Spousal Sponsorship?

Spousal Sponsorship is an application submitted by individuals who would like to invite their spouse, common-law partner or conjugal partners to Canada for permanent residency. The person applying for their spouse must be a Canadian citizen or permanent resident and must be 18 years of age or older. In some cases the applicant lives in Canada with their spouse and while they are waiting for the processing of their spousal application, they might be able to work and support themselves in Canada.

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Employer Hiring Foreign Worker to Canada for High Wage Position

Employer Hiring Foreign Worker to Canada for High Wage Position
Hire a Temporary Foreign Worker in a High Wage Position

Cannot find suitable employees for the position you are hiring within Canada? Would like to hire a Temporary Foreign Worker in your company? There are many things that employers must determine before attempting to hire a temporary foreign worker. One of those things is the wage you will be paying this temporary foreign worker. Let's take a look at how the wages are determined.

Canadians who wish to hire a temporary foreign worker must first establish a shortage of the labour or skill that they are looking for in Canada. There are many ways of doing so that I have discussed in other Labour Market Impact Assessment (LMIA) related blogs. Once the shortage has been established, the employer gets the green signal to apply for a labour market impact assessment or an LMIA formerly known as a Labour Market Opinion (LMO). Apart from showing a shortage of skill within Canada, the LMIA application must prove the arrival of the foreign worker will have a positive or neutral effect on the Canadian market. One of the most important aspects of hiring a temporary foreign worker is to establish that you, as the employer, will adhere to federal and provincial standards of labour law and pay them with prevailing wages and benefits.

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Important Documents to Sponsor Spouse or Partner to Canada

Important Documents to Sponsor Spouse or Partner to Canada
What Documents do I need to Sponsor a Spouse or Common Law partner to Canada

When submitting a sponsorship application whether it is for a spouse, common law or conjugal partner there are important documents you need to include as the sponsor and the principal applicant. These documents play an important role and if you do not provide these documents or make minor errors you can expect delays or potentially a refusal in your application.

Documents needed by the Sponsor

Options C printout (original) from Canada revenue agency. The options C printout is like your notice of assessment it shows your net income, what you have received from your previous tax year etc. The Option C print out has to be original and not a photocopy or else your application will be returned. So if you have not filed your taxes as the sponsor then the first step includes filing your taxes. Once you have done all that you can call CRA and ask for your original option C printout from the previous year.

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Can I travel outside of Canada as an International Student

Can I travel outside of Canada as an International Student
Study Permit

Have you applied for college or university in Canada and have obtained the acceptance letter from the institution? If you have you are one step closer to obtaining your Study Permit for Canada. In order to study in Canada, you must obtain a Study Permit. Now with this type of permit you are able to be in Canada and study. Depending on your country of citizenship you may also require a Visitor Visa to Canada also known as Temporary Resident Visa (TRV) . TRV is required for persons that come from non-visa exempt countries such India, Pakistan, Brazil, Uganda and many more. Upon meeting requirements for TRV you get a stamp on your passport that confirms you have met all the requirements as visitor. Now that you have your Student Visa and your Temporary Resident Visa (if applicable) you are able to attend the school/ educational institution that you were accepted to.

Can I go on Vacation while on Study Permit?

Let’s just say that you came to Canada for school, and now you want to travel back home for the holidays, you will need to look at the terms of your visa to see if you are able to travel with that kind of visa. Generally visas are for just coming to the country with a onetime entry, but sometimes however it is possible to get multiple entry visas, meaning you can travel back and forth to other countries while still being considered a temporary resident in Canada.

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Hiring a Temporary Foreign Worker to Canada

Hiring a Temporary Foreign Worker to Canada
Employer Looking to Hire Foreign Worker to Canada

Thinking of hiring a temporary foreign worker to Canada? Tired of recruiting without success in Canada? Obtaining a Positive LMIA from Service Canada is not an easy process, especially if you do not have experience in submitting immigration applications. Here are a few important aspects/steps of hiring a foreign temporary worker in Canada.

Are you Eligible to Hire a Foreign Worker to Canada?

Employers can hire foreign workers through the Temporary Foreign Worker Program (TFWP). The TFWP is specifically designed to combat and fill temporary labour and skill shortages in Canada. However, before you start browsing resumes and conducting interviews, make sure you are eligible to hire a temporary foreign worker in the capacity of a caregiver first. One of the most important aspects of eligibility comes from attempting to recruit a Canadian citizen, permanent resident or a foreign worker already in Canada for the position of caregiver. Once all recruitment efforts of finding an employee within Canada have been exhausted, then you can proceed to apply for a Labour Market Impact Assessment.

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Changes to National Occupational Classification NOC

Changes to National Occupational Classification NOC
What is the National Occupation Code?

The National Occupation Classification also known as the NOC is a system used by the Government of Canada that classifies occupations (jobs). The National Occupation Classification pretty much describes the type of work performed by Canadians in the labour market. These occupations are grouped based on work the performed which are determined by the task, duties and responsibility within the occupation. This information gives employers, job seekers, statisticians, labour market analysts, career counselors to collect information to better understand the nature of work and what type of experience is needed to apply for a program. The NOC tool has a four digit code that helps you classify the occupation based on skill type and skill level. These NOC digits give you important information about the occupation it represents. For example, 3113 Dentist- the “31” tells you that this is a health occupation and it requires university level education.

National Occupational Classification 2016 Update

The National Occupational Classification (NOC) has been updated to help employers and job seekers find the proper NOC without spending too much time and then ending up selecting the incorrect NOC. The NOC 2016 has enlisted new job titles and has simplified the content of the unit groups. Some unit groups have their descriptions and job titles updated, terminology has made changed to reflect the current usage of terminology in occupations. The structure of the NOC remains the same, meaning no major groups or minor have been added or removed or combined. You may find in some groups that their names of been changed or the content is updated. NOC 2016 is based on Skill Type and Skill Level just like NOC 2011.

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LMIA Transition Plan

LMIA Transition Plan
Hiring a Foreign Worker to Canada

As an employer looking to hire foreign workers, you may be dealing with a pile of paperwork. In order to bring the foreign worker to Canada, there are various documents and application forms you will need to provide. Prior to completing the paperwork, however, you will need to decide which program and stream your worker qualifies under. There are two streams in which you could apply: either the Low-wage Positions stream or the High-wage Positions stream.

Low-wage and High-wage Stream Differences

Deciding which stream your worker qualifies for requires analyzing the median hourly wages they will be paid, based on province or territory. A list of the median wages by province or territory is available on Employment and Social Development Canada (ESDC). Ensure that you are reviewing the most updated information, as the wages are consistently being updated to match the fluctuating medians. If your worker will be paid below the median hourly wage in your province, then he/she will apply through the Stream for Low-wage Positions. If he/she will be paid equal to or greater than the median hourly wage for your province, then he/she will apply through the Stream for High-wage Positions.

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Obtain Permanent Residence status through Canadian Experience Class

Obtain Permanent Residence status through Canadian Experience Class
Qualifying for the Canadian Experience Class

If you are a foreign worker and you are looking for if you qualify for the Canadian Experience Class (CEC) then you need to make sure that you have some Canadian work experience, something that you are able to use to show that you are accustomed to Canada and to how working in Canada is. As per January 1st 2015 all of those people who want to apply for the Canadian Experience Class have to apply through the Express Entry system which is the first step to applying for permanent residence under one of the economic programs like the CEC.

Canadian Experience Class Selection Criteria

Qualifying for the Canadian Experience Class means you must meet the required language levels of comprehension as set out through the Canadian Language Benchmark. You must have at least 12 months of full time skilled experience in the field you have, and you must have had this experience at least three years before you apply to become a permanent resident. The final requirement is that you must not have any plans to be moving or living in Quebec. If you have all of the required parts of the above, then you are one step close to meeting the qualification criteria.

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Who can Work in Canada

Who can Work in Canada
Can I work in Canada as Foreign Worker

In order to be able to work in Canada you either have to be Canadian citizen or Permanent Resident of Canada. If you are not Canadian citizen or permanent resident of Canada then as the foreign worker you either have to fall under the North American Free Trade Agreement (NAFTA) or apply for Work Permit and possibly go through a Labour Market Impact Assessment (LMIA). As the foreign worker you cannot work illegally in Canada and therefore you have to go through application process and get special permission from immigration Canada.

Requirements you need to meet under NAFTA Work Permit

To be eligible to apply under the NAFTA Work Permit you would have to be a citizen of Mexico or United States. If you are business individual and are citizen of Mexico or USA then you are able to enter Canada for temporary basis to trade goods, provide services or invest in Canada. To qualify as a business person you have to fall under either a Business Visitor, Professional, Intra Company Transferee or Traders and Investors.

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Travelling Right of a Permanent Resident in Canada

Travelling Right of a Permanent Resident in Canada
Travelling with Permanent Resident Card (PR card)

Are you a Permanent Resident (PR) and unsure of your travel rights? You will be surprised at the number of permanent residents whom are confused about their travel rights and what could potentially happen to their status in Canada if they do not meet the residency requirements.

What is a Permanent Resident and am I eligible to become one?

A Permanent Resident is a person who has been given permanent status in Canada but has not obtained Canadian citizenship yet. If you came as a visitor, student or as foreign worker than you are not consider a permanent resident but rather a temporary resident. Also, if you are person that has put a refugee claim in Canada you are not considered a permanent resident until Immigration and Refugee Board approves your claim. Once your claim is approved you can apply for permanent residency. As a permanent resident you can travel in and out of Canada as long you meet and comply to the conditions that are set and you have more rights than someone that comes for temporary basis to Canada.

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Sponsorship Requirements for Canada

Sponsorship Requirements for Canada
Sponsorship Requirements for Canada

Sponsorship in Canada could mean bringing your spouse, common-law partner, conjugal partner, children, and even parents and grand-parents to immigrate to Canada. sponsoring is a two way process, in the sense that it involves a person present in Canada, the sponsor, and person living outside Canada, the applicant, working collaboratively along with the respective agencies that are applicable to their case such as Citizenship and Immigration Canada. Sponsoring another person to immigrate to Canada deals with many requirements and all of these requirements are different depending on the person you are sponsoring, their status to you, and your status as a sponsor.

If the person you are sponsoring is a foreign national residing outside Canada, then you must apply for the sponsorship through the Family Class. Under the Family Class you can sponsor your spouse, common law or conjugal partner and have to meet certain requirements:

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How to Write an Invitation Letter for a friend to Visit Canada

How to Write an Invitation Letter for a friend to Visit Canada
Do I need a Visitor Visa Invitation Letter?

Visitor Visas are one of the most difficult Temporary Resident Visa (TRV) to get approved by citizenship and immigration Canada (CIC). The reason the application is not easily approved is because many individuals that come to Canada as visitor overstay their welcome stay. Meaning they do not exit Canada and stay longer than their authorized stay. So when submitting a Visitor Visa application you need to provide ample amount of documents to proof your intent to Canada is only temporary. One of way of making the application stronger is by having a friend or family member write you an invitation letter. It is great news if you have an inviter but unfortunately it does not guarantee that the immigration officer will issue the visa. Not sure if you want provide an invitation letter for friend or family, because you do not want to be responsible for them? Luckily, when writing an invitation letter you are not legally responsible for the person you are inviting. But ensure when you write the invitation letter you tell the truth and plan to keep the promises you have made in the letter. If you like to know what to include in the invitation letter then continue reading below.

What is an Invitation Letter?

An invitation letter is a formal or informal invite you sent to someone and requesting their presence either for an event to attend or some sort of visit. In this case it would be for a visit to Canada. Invitation letters are needed if you are visiting a friend or relative in Canada. You can ask your friend or family member to send you an invitation letter to make your application for Temporary Resident Visa (TRV) stronger. So when you are asking someone to send you an invitation letter ensure you include all the information they need about you to write the letter. Once they have completed the letter ask them to mail it to you, so that you are able to send out the invitation letter along with your visitor visa application. Have them notarize the letter so it shows some form of authenticity. Also, ask your friend to send a copied version online, by scanning the signed letter and sending you a copy through email. It is good to have a copy should the letter not arrive on time.

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Bring your Parents and Grandparents to Canada under the Super Visa

Bring your Parents and Grandparents to Canada under the Super Visa
Super Visa for Parents and Grandparents

Do you wish to invite your parents or grandparents for longer than six months period? Well than the Super Visa might be the right choice for your family. The Super Visa is a Temporary Resident Visa that is usually granted for a 10 year period and every 2 years the parent or grandparent has to exit Canada. The great news is that your parents or grandparents do not have to re-apply after the two year period is up, because the visa is usually valid for 10 years and it is a multiple-entry visa.

The Super Visa is a great way to stay connected with your family; however there are a lot of requirements for the applicant and inviter. The Super Visa documents play a great role in having the application approved or refused. To determine what type of documents you need for the Super Visa application and how you can get your family to Canada then read our blog below.

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National Occupancy Classification and LMIA Applications

National Occupancy Classification and LMIA Applications
Applying for LMIA and NOC

Under the recently introduced express entry program, a confirmed offer of employment from a Canadian company would add points to your application, provided – the employer has a positive Labour Market Impact Assessment (or LMIA in short) for the position and if the offer corresponds to one of the skill types in the National Occupation Classification (NOC).

What is a Labour Market Impact Assessment?

The LMIA is a process that is used to assess the likely impact of hiring a foreign worker on the Canadian job market. In essence, the LMIA would aim to show that offering a position to a foreign worker would satisfy a need for particular skill set that is needed in Canada and that no Canadians or Permanent Citizens are available for that position. The LMIA application is to be filled by the employer and submitted to the Employment and Social Development Canada (ESDC). This is a very rigorous and often iterative process, after which the ESDC would consider a positive LMIA only to credible offers.

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sponsor your parents or grandparents to Canada

sponsor your parents or grandparents to Canada
Sponsor your parents to Canada

From the beginning to the end of our lives parents and grandparents play an important role in our lives. There are many people who come into our lives but the love and care that our families give us cannot be compared. You don’t need to feel lonely, sponsor your parents and grandparents and get that everlasting smile on your face. If you are an individual who is 18 years or older you are eligible to become a sponsor but obviously there are many other requirements you need to meet under the Family Class to sponsor your loved ones.

What are my duties as a sponsor for my parents and grandparents?

You will have to sign an undertaking with the Minister of Citizenship and Immigration for this family class sponsorship. This undertaking is a pledge to provide financial support and look after their basic requirements. The basic requirements like food, clothing, shelter etc. Though the public health care will be available to them but eye and dental care will be your responsibility. It’s important that their needs are taken care of as soon as they arrive in Canada. The undertaking is for 20 years and it is to ensure that the person being sponsored will not seek social assistance during this period.

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Can I apply for Study Permit while inside of Canada

Can I apply for Study Permit while inside of Canada
What is a Study Permit?

Study Permit is an authorization that allows international students to study here in Canada, it is only for the period of studying once you are finished with your studies your visa expires and you are asked to return to your home country as you are not authorized to stay in Canada any longer. If you are currently a temporary resident in Canada, you might be allowed to file an application to change your status and get a study permit.

Eligibility to Study in Canada

If you want to study in Canada, a designated learning institution has to first send you an acceptance letter for the program of study you have applied for. Once you have received the acceptance letter you can apply for the study perrmit, without the acceptance letter you cannot apply for the Study Permit. Next you must be able to prove that financially you will be able to support yourself, proof that you can pay your tuition fees, living expenses, and the return transportation. You also need to prove the following:

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Sponsoring your spouse to USA

Sponsoring your spouse to USA
Sponsoring if you are an American Citizen

If you are a U.S Citizen who wants to sponsor or “petition” for your partner, spouse, or minor children that live in America, there is a pretty lengthy process you need to go through to make sure you are applying for the correct application. Not only do you need to fill out the application for them to be supported in America, but also you need to file the application for adjustment of status for their permanent residency, around the same time you file your sponsorship information. You are also required to file a form I- 864 which is an affidavit of support, submit that and your petition for your relative and also include the application for adjustment of status for yourself as a resident.

Affidavit of Support Form- I-864

I-864 is the Affidavit of Support form that you use to show that you have adequate finances to support you and your family when going to the U.S, and that you will not be ending up using and depending on the U.S government for financial support programs. The form is about 16 pages long, should be completed in capital letters and is electronically completed. Once finished, print out and mail it, it is not recommended to submit the form online/ electronically. When it comes to filling out the form the principal immigrant or the person who is going to be the beneficiary of the person who needs the visa, is responsible for submitting their taxes to show they have adequate funds to support their spouse.

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