Immigration Blog - Page 5

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.

Common Questions about Working in Canada Temporarily

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Common Questions about Working in Canada Temporarily 

There are many reasons individuals have a wish to come to Canada and enter the Canadian labor market. Though, because there are so many reasons to want to work in Canada, many, many people are signing up to do so. With all the interest in working in Canada, the Canadian government has several programs which individuals can apply to, essentially, to allow individuals to apply to work in Canada in the sector which most suits their knowledge, skills and work experience. Overall though, this has resulted in a large and confusing cluster of ways in which individuals can obtain work permits in Canada, ultimately making it much more difficult for individuals to understand how to get started on applying to work temporarily in Canada. This article will therefore serve the purpose of helping answer some questions individuals commonly have about temporary work permits, and how they may obtain one.

What is an LMIA? Do I Have to Apply for one?

The short answer is, you probably will need to apply for an LMIA, otherwise known as a labor market impact assessment. Essentially, this is an application for permission for the Canadian employer the foreign national intends to work for, to be able to fire a foreign worker temporarily. The Canadian government wants to avoid temporary workers coming to Canada, and taking positions away from Canadians who need work. Therefore, the LMIA assesses what the impact of hiring a temporary foreign worker would be. Ultimately, a positive LMIA is an endorsement by the Canadian government for the employer to hire a temporary foreign worker. To learn more about LMIA’s, follow the link provided. They can essentially be treated as an application all in themselves, so there is more to know about LMIA’s than can be covered here.

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FAQ's about Labor Market Impact Assessments

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FAQ’s About Labor Market Impact Assessment

When it comes to a Labor Market Impact Assessment (LMIA), many individuals looking to apply for a work permit are intimidated, confused and concerned for their ability to obtain a positive LMIA, so that they may have a chance of obtaining a work permit. In this article, we will attempt to help you understand LMIA’s, and clear up many areas we notice individuals commonly misunderstand in reference to their LMIA’s.

Q: What is the Purpose of an LMIA?

A labor market impact assessment shows whether or not foreign workers are needed to fill a specific position in the Canadian economy, or, it will determine there are Canadians available to fill a position, and the LMIA will be negative. A positive LMIA is needed to successfully apply for a work permit. If you do not first obtain a positive LMIA before applying for a temporary work permit, your application will be denied.

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We Can Help With Your Applications

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How to Avoid Common Application Mistakes

The number one reason applications are refused is because they are riddled with mistakes. These applications are difficult applications to pursue on your own, because, if you are unfamiliar with the process, there is a good chance you overlook certain details and submit an imperfect application. Unfortunately for applicants, the Canadian Government is not interesting in assisting others file applications; this is why they recommend you consult an immigration specialist, or a lawyer. It often comes as a surprise when an application which is incomplete is returned and refused, without any ability to re-submit it and pick up where it left off. However, one needs to understand, immigration and border protection cannot be taken lightly. Applications must be complete and robust for the security of Canada as a whole. Therefore, it makes sense that when an application is complete, it cannot simply be approved. Furthermore, the Canadian government has to devote all its time and resources to processing and approving complete applications for individuals who truly deserve to fulfill their long-worked-for-wish of immigrating to Canada. Everyone who submits an application to immigration can understand, the wait time are agonizing at the best of times, and they would not like to think their applications are being inefficient they are spending too much time processing applications. Ultimately, we have created this article to help applicants have an easier time submitting applications which will not be returned and refused, and get everyone working together to help Canadian border officers process more files successfully.

1. Always check country specific requirements before submitting your application.

Regardless of the type of application you are submitting, whether it be for permanent residence, or for temporary residence, please take the time to do this. Depending on the country and the type of application you are submitting, you could need to submit additional documents. Or for example, you could have to submit originals of some documents which other countries are only required to submit a copy of. If you do not submit original documents when required, your application will be returned as incomplete.

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How to Restore your Status in Canada

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What is “Restoration of Status?”

Restoration of status is a fancy term for the process an individual who wishes to change or extend the terms of their temporary stay in Canada, necessarily goes through. As a temporary visitor to Canada, you only have legal status in Canada to stay for a designated period of time, therefore, if you decide you would like to stay longer to study or work, you must apply to extend your permit before the permit expires. If you fail to apply for a new permit before yours expires, you will not be on implied status, and rather, you will now have to apply for a restoration of status. A restoration of status is needed by any individual who allows their permit to expire before submitting a new application, but still would like to remain in Canada. If this is the case for you, I will be breaking down how to go about applying to restore your status in Canada, and successfully obtain a new valid temporary permit which will allow you to remain in Canada.

Who Needs to Apply for Restoration of Status?

The most important criteria to meet before applying for a restoration of status, to ensure you are even required to restore your status, is that you have allowed your temporary visa allowing you to be in Canada, to expire. Similar to this, you could also find yourself eligible to apply for restoration of status as the result of failing to abide by the conditions of your work or study permit. Specifically, you must have violated the condition to only work for the employer listed on your work permit, or, because you changed your program of study or educational institute from the one which is listed as a condition on your study permit. If you do either of these things and consequently have your study permit revoked, you can apply to restore your status on the new conditions of your permit. Though, it is important you did not violate any other conditions of your temporary permit. Next, it is equally important this permit has expired less than 90 days before you submit your application to restore your status. If it has been longer than 90 days, you are unfortunately ineligible. Finally, as mentioned, you must have complied well with the conditions on the original permit. Failure to have done so would also result in having your application to restore your status refused.

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Obtain A Study Permit for A Minor Child

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Bring Your Children to Study in Canada

Canada’s schools system is often spoken about worldwide, and is widely respected for being a world-renowned education system. This is why many students come to Canada from all over the world to pursue their post-secondary education. Though, post-secondary students are not the only ones who can benefit from Canada’s education system. In fact, the Canadian government has lower eligibility requirements for minors to be able to come and study in Canada. Throughout this article, I will explain what it takes, to allow your child to be eligible to study in Canada.

What is a Minor to the Canadian Government?

First and foremost, it is important to be aware that these alternative requirements to study in Canada are only applicable to individuals who would legally be minors in Canada. This is different than being a “dependent” in the eyes of the Canadian government, and for the purposes if immigration. A minor is an individual who is under the “age of majority.” This fluctuates depending on which province you are in.

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Super Visa Application

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Want to See Your Parents and Grandparents more Often?

Canada, being a land of immigrants, is filled with individuals who have migrated here, but have left members of their family behind in their country of origin, for one reason or another. This is often unavoidable, as it is not easy for an elderly individual to migrate their entire life overseas, and across borders. The Canadian government recognizes there are many families who are separated by borders and oceans, which do not get to see each other as often as they would like. For this, they have introduced the parents and grandparents super visa. The super visa program, allows parents and grandparents to apply for a document which allows them to visit Canada an unlimited number of times during the period which it is valid, and stay in Canada much longer than is typically allowed on a visitor’s visa. Though this does not allow families to reunite on a permanent basis, it does allow them to reunite much more often, for extended periods of time. Throughout this article, I will explain what a super visa is, and how to apply for one.

What is a Super Visa?

A super visa essentially a multiple entry visa. Specifically, the super visa is a temporary resident visa which is granted for a 10 year period, and allows individuals to enter Canada as many times as they would like. During this time, the visa-holder can stay in Canada for a period of up to 2 years.

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The Process of Coming to Study in Canada

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Prepare to Study in Canada

If you have been considering completing all or a portion of your studies in Canada, it is never too early to start preparing to apply for a study permit. It can take a remarkably long time to prepare an application. Then, on top of this, it takes even longer for the application to be processed and a decision be given to the applicant. Throughout this article, we will aim to provide a comprehensive article, which details all the things one must think of, to prepare to study in Canada.

1. Find out Whether You Come from a Visa-Exempt, or a Non-Visa Exempt Country.

This will determine whether you only need to apply for an electronic travel authorization (eTA), or, if you need to apply for a temporary resident visa (TRV), along with your study permit.

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Applying and Hiring Through the Global Talent Stream

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What is the Global Talent Stream?

Are you an employer who needs to a hire an employee for a skilled position, but are having troubles finding one domestically? Have you refused to hire from overseas before due to the length of time and level of commitment this undertaking brings? If this is the case, there may be good news for you! Oftentimes, individuals don’t want to hire foreign nationals for temporary positions because there is a good chance it will take longer to have an application approved successfully, than the total amount of time the foreign worker will actually be employed with you. Many individuals discount hiring temporary foreign workers because it is not worth it. Though, with the introduction of the global talent stream (GTS) through the temporary foreign worker program, comes a solution to many of these problems. The GTS is a part of the temporary foreign worker program, so you are not exempt from the requirement of obtaining a positive LMIA, though, you will have the privilege of greatly decreased processing times, and will be able to hire a temporary foreign worker (TFW) in no time. Ultimately, the GTS is a program that provides innovative companies the ability to recruit highly specialized and skilled talent they need to expand and remain competitive, by giving them better access to the global labor market, by providing faster and more predictable application processing.

Who Can Hire Through the Global Talent Stream (GTS)?

The Global Talent Stream is available to two categories of employers. The first, category A employers: Firms in Canada that are referred to the Temporary Foreign Worker Program’s Global Talent Stream by an Employment and Social Development Canada (ESDC) Designated Referral Partner because they are innovative and can demonstrate a need to hire unique and specialized temporary foreign workers in order to scale-up and grow. A designated referral partner is simply a company who themselves, is identified on a list which gives them status to identify other companies as innovative companies which requires unique and special talent to have success in their work. On the other hand, there are category B employers: Those firms in Canada that need to hire foreign workers for highly skilled in-demand occupations found on ESDC’s Global Talent Occupations List where there is insufficient domestic labour supply. Please find ESDC’s Global Talent Occupations List below.

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The Process of Becoming a Canadian Citizen

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Thinking About Becoming a Canadian Citizen?

If you are a permanent resident of Canada, who has met their residency requirements, and worked hard to become eligible to apply for Canadian citizenship, you may be closer to eligibility than you think, and it is never too early to start learning about the application process, and preparing for the citizenship test. It is a very nerve-wracking process for most, because many have devoted an abundance of time and energy into becoming a permanent resident, in hopes of one day becoming a full Canadian citizen. Throughout this article, we will walk you through the basics of becoming a Canadian citizen, to help you start preparing.

What are the Fundamental Steps?

First, you must ensure you meet all the requirements to be eligible to become a Canadian citizen. There is a specified minimum length of time you must have been living in Canada, and, you must be a permanent resident. In addition to these, you must have filed your income tax and met your personal tax obligations in a minimum of 3 years out of the 5 years you were a permanent resident before you applied. To be eligible to have your citizenship approved, you must meet the minimum language requirements, and pass a citizenship test to prove you have strong ties to the country and a devotion to remain in Canada forever, by testing your knowledge of the countries culture, history, individual right, laws and prohibitions. Then, you can submit an application for Canadian Citizenship, and an Immigration officer will assess whether or not you meet the requirements of a Canadian citizen.

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How to Prepare a Visitor Visa Application

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Do You Need a Visitor Visa to Enter Canada? 

Do you wish to come to Canada in the near future, and have no intentions of working or studying in Canada for longer than 6 months? Are you from a non-visa exempt country? If this is the case for you, you’ll need to apply for a temporary resident visa, and receive approval on this application, before you are permitted to travel to Canada. If you are from a visa-exempt country, you may only need to apply for an eTA (electronic travel authorization), if you are flying to Canada. An eTA gives you permission to board your flight which will land at a Canadian airport. A visitor visa gives permission to citizens from countries who are not allowed to enter Canada without a valid visa, the permission to enter Canada, the permission to do so. Please remember, everyone needs a valid travel document, and must not be inadmissible to Canada. Though, this article will cover how to apply for a temporary resident visa, for those individuals who must go through this extra step, before being permitted to enter Canada.

Step 1: Gather Documents

Always start by collecting all the necessary documents, which will have to be submitted with your application for a temporary resident visa. This helps to ensure nothing is missing once your application is submitted, which will result in increased processing times on your application. You will need to provide a variety of things, which Akrami and Associates would be glad to help you with. We help our clients applying for visitors visas every step of the way, to ensure they truly understand what is required in their application. You application must include the following, but is not only limited to these documents.

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FAQs for Express Entry

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FAQ’s Express Entry

Express entry is one of the most attractive programs to try and achieve permanent residence through, as, it indicates in the name, this is a much quicker route to permanent residency than most, assuming you are an individual who receives an invitation to apply. That is the downside of the EE program; individuals who are not top prospects could have to submit an EE profile many years in a row, before they ever have the opportunity to immigrate to Canada. Nonetheless, the express entry program is a very unique program, and should not be overlooked. It provides both an incredible opportunity to a foreign national who wishes to immigrate to Canada, while, at the same time, it ensures highly skilled individuals are the ones with priority to enter Canada first, to help boost the Canadian economy. This is a selective process, but in the end, the better the Canadian economy, the more opportunity the government can to all foreign nationals to truly experience Canadian culture.

Q: If English is my first language, do I have to complete a language test for Express Entry?

A: This may seem strange… but yet, it is mandatory to obtain a language test for Express Entry even if you are a native English speaker. The point of this is to ensure the Canadian government treats all applicants completely equally. This is achieved by assessing all applicants for Express Entry using the same standards, regardless of their native language, ethnicity or nationality. 

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Learn About the Live-In Caregiver Program

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What is the Live-In Caregiver Program?

Essentially, the live-in caregiver program allows Canadian citizens or permanent residents to hire a foreign national to provide “live-in care.” All this is, is full-time in home care. If you are a Canadian citizen or permanent resident and you require full-time, round the clock care, then you may be eligible to apply to hire a foreign national to provide this care for you. Though, it is required that you have made a good attempt to hire a Canadian citizen or permanent resident, before you will be permitted to hire a foreign national to do this job. Nonetheless, this is a unique opportunity for a Canadian to benefit from helping a foreign national find work and/ or achieve permanent residency in Canada. Not to mention, the foreign national even has the benefit of having their living situation already all sorted out! This relieves much of the stress about moving to a new country for sure. So, if you think you might be eligible to be a live-in caregiver, or this program is of interest to you, or, if you think you might need to hire a live-in caregiver from overseas… keep reading this article to learn all about how to get involved with this program!

What is a Live-In Caregiver?

A live in caregiver is qualified person that can work without supervision in a private household. He or she is supposed to provide care for the elderly, children and or the disabled. It was once a requirement that the caregiver actually reside with the employer/ patient, though this is no longer the case. Nonetheless, the employer is still responsible for arranging room and board for the caregiver. The Canadian federal government came up with the Live-in caregiver program in order to counter the limited number of live-in caregivers in the country. To begin, the live-in caregiver will enter Canada as a temporary foreign worker.

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Apply for the Federal Skilled Worker Program With an Arranged Employment Offer

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What is Federal Skilled Arranged Employment?

If you’re thinking of looking for work in Canada, you’re probably somewhat aware that most ways to apply for a work permit in Canada require you to have a job offer from an interested employer, before you can be granted a work permit. This is because many of the work permits foreign nationals have permission to work in Canada with are closed work permits. The Federal Skilled Arranged Employment program is one which helps Canadian employers hire qualified, skilled foreign nationals to help with their company in Canada. The workers that are hired are working for the employer who applied for an Labor Market Impact Assessment, and brought them to Canada. In other words, individuals working in Canada as the result of Federal skilled arranged employment are working on a closed work permit. So, if you’re a foreign national with skills the Canadian labor market would benefit from and you would like to work in Canada, keep reading to learn more about how the federal skilled arranged employment program works!

The Federal Skilled Worker Program

It is possible to hire a foreign national for a permanent position, and bring them to Canada as permanent residents because of the Federal Skilled Worker Program (FSWP). The Federal Skilled Worker Program is set out to help Canadian employers acquire skilled workers permanently, in areas which Canadian nationals are not filling all the positions which are in demand. Through this program, individuals can be recruited for positions which qualify as Skill Type 0 (managerial occupations) or Skill Level A (professional occupations) or Skill Level B (technical occupations and skilled trades) on the Canadian National Occupational Classification (NOC) list.

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Bring Your Innovative Business Idea to Canada

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If I am a Foreign National, How do I Start a Business in Canada?

If you’re thinking about starting a business in Canada, you probably know that anyone who even wishes to work in Canada must have a work permit. This may lead you to understand, you’ll probably need some special documentation if you’re going to start a business in Canada. At the very least you’ll need a work permit, but what else? Canada truly is a land of opportunity. That is why this article will break down the process of starting a business in Canada to ensure you go about this exciting endeavor by following all the regulations set out by the Immigration and Refugees Protections Act (IRPA).

What is a Start-Up Visa?

A start-up visa is exactly what it sounds like; it is a visa which gives you permission to start-up a company. This visa was designed for entrepreneurs. The goal was to help those with creative minds come to Canada if they wish to help the Canadian economy grow. Technically, a start-up visa is not permanent status, though; it does give good, direct opportunity for individuals to become a permanent resident once they have one. Essentially, a start up visa is a method of business immigration. Nevertheless, a startup visa technically authorizes temporary stays.

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Outlining the Ways to Overcome Your Inadmissibility

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How to Overcome Inadmissibility to Canada

There are a variety of situations which can occur, which leave you inadmissible to enter Canada. Unfortunately, it is not uncommon that individuals, who attempt to enter Canada, get denied entry at the border, and they did not even realize they were inadmissible to Canada in the first place. There are even situations where individuals were able to enter Canada in the past even though they were inadmissible, simply because they got lucky and the immigration officer at the border did not realize, and then one day they learn they are inadmissible to Canada for one reason or another and should never expect to get lucky and be able to enter Canada. This happens for a variety of reasons but surprisingly, it is very uncommon individuals are aware of all the reasons one could find themself inadmissible. For your convenience, follow this link to learn the various reasons you could earn the status of “inadmissible to Canada,” and avoid any unpleasant surprises at the border one day. If you think any of these reasons for being inadmissible could apply to you, keep reading to learn about the various procedures you may need to undertake, to rectify your status as inadmissible to Canada, and once again be permitted to enter the country.

Ways to get back into Canada

There are various ways individuals can choose to overcome their inadmissibility. Ultimately though, the route you chose to take is dependent on your circumstances to some degree. For example, if you are criminally inadmissible to Canada, you have the options of getting a temporary resident permit, or apply for criminal rehabilitation. Or, alternatively, if you are inadmissible to Canada as the result of a removal order, then you will require an authorization to return to Canada.

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Basics of the Express Entry Federal Economic Programs

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Applying For Express Entry under the Available Federal Economic Programs

If you have valuable skills and experience working in Canada or abroad, which would be a valuable addition to the Canadian economy, you may have the chance to apply for express entry, under one of the available federal economic programs. There are specific requirements you must meet for each specific program, though, the 3 different programs available aim to provide foreign nationals the opportunity to apply for high skilled professional and managerial positions, as well as skilled trade positions, so, there is something for almost anyone who is a highly qualified worker. The 3 federal economic programs I speak of are the Canadian experience class, the Federal Skilled Workers Program (FSWP), and the Federal Skilled Trades Program (FSTP). As mentioned, they each have specific requirements to be eligible, though, they are each a very unique opportunity for highly qualified workers, regardless of the field their occupation is in. Keep reading this blog for a breakdown of the federal economic programs available through express entry.

How Does Express Entry Work?

Essentially, applicants create a profile if they are eligible for one of the three federal economic programs, and receive points for their language abilities, education level, previous work experience, whether or not they have a job offer, and several other factors. Using a point based system, otherwise known as a Comprehensive Ranking System (CRS) individuals are assessed to determine the value they bring to the Canadian working economy. Depending on these factors, you will be given a score, which represents your worth to Canadian employers. For example, under all programs, having post-secondary education will give you additional points, though; it is not always a requirement.

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Apply for a Post-Graduate Work Permit

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Applying For a Post-Graduate Work Permit

Are you an international post-graduate student who has recently graduated from a Canadian designated learning institution (DLI)? If you are a foreign national who attended a Canadian college or university (DLI), you are likely considering what your next steps are. Perhaps you don’t want to return to your country of origin quite yet, because you would prefer to gain some work experience in Canada first. If this is the case for you, there is good news. The Canadian government recognizes many international students would love to continue to experience the Canadian workforce; after all, they just finished studying at a Canadian institution for quite some time. Therefore, they have given the post-graduate work permit program (PGWP), which specifically allows international post-graduate students who have finished studies in Canada, to apply for an open work permit. This blog aims to tell you all you need to know about applying for a PWGP, and what it means to have an open work permit in Canada.

What is an Open Work Permit?

Having an open work permit means an individual is permitted to work for any employer in Canada, who is not listed as an “ineligible employer.” On a PGWP the maximum length of time you will be permitted to work in Canada is 3 years, depending on your program of study. To be clear, the length of time your PGWP will be valid is dependent on how long your study program is. For example, if your program of study was 1 year long, you will only be granted a PGWP for 1 year. Furthermore, if your program of study was 4 years, you will be granted a 3 year PGWP, as this is the maximum length of time a PGWP can possibly be granted.

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Entering Canada as a Business Visitor

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Coming to Canada with an Agenda?

Have you been considering coming to Canada for a business trip. Or, more likely, you have a plan in mind to come to Canada in the near future, and you’re not sure whether the activities you’re coming to Canada for, qualify was a “business endeavor” or “working.” Sometimes, it is very difficult to know the difference between activities and something that seems like a simple visit, even if you’re going to take care of a couple of things you had planned on doing while you’re here. Though, it is important to know that the Canadian government considers anyone who enters Canada with the intention participating in business-like activities, a business visitor.

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Different Types of Work Permit

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How Can I Work in Canada?

Have you always wished of travelling to Canada for longer than a typical very short vacation, but need to work while you’re here to continue to support yourself? This is not an uncommon situation for individuals who seek entry to Canada, especially because oftentimes individuals have to come to Canada to take care of a sick family member, or to spend more time living with close relatives. In these situations, it is tough to stop working and lose your income for the entire period you’re going to be out of your country of origin for other commitments, and no one likes to be without an income. So, being able to work while you are in Canada is a huge benefit. At the same time, it is often the case the people have a hard time finding work in their country of origin, and can have more success applying to work in Canada as a temporary foreign worker for pre-determined periods of time. If these circumstances sound like the situation you’re facing, it is likely you would want to apply for a Canadian work permit, so that you can work while you are in Canada. This article will aim to help you better understand the various work permits which are available to you.

Am I Eligible to Apply for a Canadian Work Permit?

First, you will need to ensure you are eligible to apply for a Canadian work permit. Most importantly, this means you must not be inadmissible to Canada for any reason. In addition to this, you must also meet all other general requirements of an individual requesting permission to work in Canada. This includes proving to an immigration officer you intend to leave when your permit expires, you must be in a position to support yourself financially and you may have to prove you are in good health, and will not place excessive demand on Canadian social services. Then, depending on the type of work permit you intend to apply for, you will also need to meet all the specific requirements for the work permit you’ve applied for.

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Sponsor Your Common Law Partner

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Do You Have A Common Law Partner?

Are you and your partner hoping to live together permanently in Canada someday? Have you and your partner already been living together for more than a year? If so, you may qualify as a common-law partnership. If you legally qualify as common-law partners, you may be eligible to apply for spousal sponsorship as common law partners, and achieve your dreams of living together permanently. Oftentimes, people believe that because they are not legally married, they do not have the option of applying for spousal sponsorship, however, this is not the case. As mentioned, if you meet the requirements of a legal common-law relationship, you may be eligible to sponsor your significant other, and help them achieve permanent residency. This article will help you understand the legal requirements of a common law relationship, and what you can expect the process of sponsoring a common-law partner to look like.

What Is a Legal Common Law Partnership?

To officially be considered to be in a common-law relationship, you and your partner must have been living together for at least one full year, and be engaged in a conjugal relationship. To be living together and have both you and your partners affairs taken care of together, is considered cohabitating. Cohabitation is the legal requirement of a common law relationship. You cannot claim legal common law status if you and your partner have lived together intermittently for periods of time which add up to one year. The key is that you have lived together continuously for a full year. If you must spend time living apart, it must be short and justified by the circumstances; such as a family or business obligation. The relationship between you and your partner must also meet the standards of a legal marriage. For example, your relationship must be monogamous, and both individuals must be over the age of 18. If you and your partner began living together before either of you turned 18, the one year period you must live together does not begin until you are both 18 years old.

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