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.

Applying for Permanent Residency with Humanitarian and Compassionate Consideration

Applying-for-Permanent-Residency-with-Humanitarian-and-Compassionate-Consideration
Have no way of Attaining Permanent Resident Status in Canada?

This may seemingly be the case. Individuals who have no family in Canada and are not eligible for family class sponsorship, as well as individuals who are not qualified enough to be eligible for the economic immigration programs, and do not qualify as a temporary resident whom is soon to become eligible to apply for permanent residence, could be left thinking there is no way for them to achieve permanent residence in Canada. This is not entirely the case. It is not a simple process, and there are very strict requirements, though, there is the option of applying for permanent residence with humanitarian and compassionate considerations (H&C). Throughout this article, we will discuss who can apply for permanent residence with humanitarian and compassionate considerations, and the process of submitting this type of application as well.

Why Does this Type of Application Exist?

This application is not simply for individuals who want to enter Canada, but cannot. Applying for H&C consideration is an exceptional measure – it is not simply another means of applying for permanent resident status in Canada. More specifically, this type of application is for individuals facing specific and undue harm should they have to return to their home country. The government of Canada recognizes that in some circumstances, an individual’s situation justifies giving their application special consideration. Therefore, that is what an application with H&C does.

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Self Employed Immigration Information

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How Do I Immigrate as a Self Employed Individual?

You may have done some digging into how to immigrate to Canada as a permanent resident, and noticed that unless you are coming to Canada while being sponsored by a family member or loved one, or applying for refugee status, almost all paths to permanent residency require the applicant to have a valid job offer before they will be able to apply successfully. Though, if you are a self-employed individual, it may not be in your agenda to work as an employee. You may see a keen opportunity to open your business in Canada, and you may want to act now. If this is the case, you should be aware the options are minimal, but there are ways in which you can immigrate to Canada as a self-employed individual. Throughout this article, we will work to help you understand how to go about immigrating to Canada as a self-employed individual.

What is Self Employed Immigration?

Well, as the name suggests, it is the way in which a self-employed individual immigrates to Canada, not because they have a valid job offer to support their permanent residency, but because they have promised to start a business upon their arrival in Canada and proved to be capable of doing so to an immigration officer when applying for permanent residency. To be eligible for this program, there are fairly strict requirements, though, this program is not to be overlooked; it presents a very unique opportunity to immigrate to Canada. Specifically, an individual who wishes to apply through the Self-employed immigration program must have relevant experience in cultural activities or athletics. These are the areas of the Canadian economy the Canadian government has determined are in need of assistance self-employed immigration can offer, whereas other sectors are not in need of assistance.

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Apply for a Start Up Visa

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What is a Start-up Visa?

There is a very unique immigration opportunity available to individuals who are entrepreneurs and have an innovative business idea. The startup visa program, as it sounds, helps individuals who are interested in coming to Canada to start a business which has a good chance of success, accomplish this and become permanent residents of Canada. There is a very selective application process for this type of visa, because the Canadian government must be convinced your business idea actually has a good chance at success. If this cannot be expected, the Canadian government will not allow you to apply for permanent residency through the startup visa program. Keep reading this article if you are an entrepreneurial individual with an eye on the Canadian market, and would like to live in Canada. The startup visa program may be just the option for you.

How Do I Know I am Eligible for the Startup Visa Program?

In short, to be eligible for the Start-up Visa Program, you must have a qualifying business, prove your business is properly supported by a designated organization, meet the language requirements as an individual applicant and bring with you enough money to settle in Canada.

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Canadian Investor Program

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Changes to the Canadian Investor Program

One of the most unique immigration programs offered by the Canadian government has changed in the last couple of years. It is important to Akrami and Associates, that not only the immigration professionals are able to keep up with the changes, but also that we help our clients keep up with the changes as well. Therefore, this article will cover the changes which have taken place over the Canadian Investor program, formally known as the Federal Immigrant Investors and Entrepreneurs program. It has now become the Immigrant Investor Venture Capital Pilot Program, and more than just the name has changed.

If you have Already Applied under the Former Federal Immigrant Investors and Entrepreneurs program…

Unfortunately, with the termination of the Federal Immigrant Investors and Entrepreneurs program, many applications were also terminated. If a decision was not made on your application before February 11, 2014, your application would have been terminated, and the fees should have been returned. The only exception to this is applications made under the Quebec Investor Program and the Quebec Entrepreneur Program.

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Apply to Visit Canada

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Apply for a Visitor’s Visa

Are you considering a trip to Canada temporarily? Do you come from a non-visa exempt country? Every year over 35 million people travel to Canada. Sometimes, people come to visit relatives, or, to attend a business trip, or, maybe even for simply tourism. If you do not come from a visa-exempt country and are trying to visit Canada, you must apply for a temporary resident visa, to be permitted to enter the country. All applicants must ensure they apply for all the necessary documents before attempting to travel to Canada, to avoid being denied entry at the border. If you come from a visa-exempt country, you have less to worry about than anyone else. Or, for example if you have a criminal history, you must address your inadmissibility before being able to enter Canada. If you are thinking about travelling to Canada in the near future, continue reading this article to find information that could be beneficial for you. Let us help you in applying for the right visa today!

What is a Visitor’s Visa?

A visitor visa, otherwise known as a temporary resident visa, is a document which allows individuals who are from non-visa exempt countries to enter Canada. If you are from a visa-exempt country, you do not require a visitor visa; rather, you simply require an eTA, otherwise known as an Electronic Travel Authorization. In order to apply for a visitor’s visa, you must only be requesting to enter the country on a temporary basis. To apply for a visitor visa successfully, you must be able to prove to an immigration officer that you will leave after the period of time your visa is valid for, is up.

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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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