Immigration Blog about US & Canadian Immigration matters.

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 1^st 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.

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.

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.

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:

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.

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.

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.

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.

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:

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.

Hiring Temporary Foreign Worker to Canada?

Are you an employer who wants to hire a temporary foreign worker? As you may know, you may need to apply for a Labour Market Impact Assessment before you may hire a foreign worker. If you need help determining the differences between the High-wage and Low-wage Streams, continue reading this blog. You will find useful information about which stream is best suited to your situation.

What is a Labour Market Impact Assessment?

A Labour Market Impact Assessment (LMIA) is an assessment conducted by Service Canada. You may need to obtain a positive LMIA before you may hire a temporary foreign worker. A positive LMIA shows that there are currently no Canadian citizens or permanent residents who are willing or available to do the job due to a temporary labour or skill shortage. With a positive LMIA and other documents, a temporary foreign worker can successfully apply for a work permit to come and work in Canada for that employer.

What is CEC?

The CEC is short for Canadian Experience Class which is one of the Canada’s key economic immigration programs and allows foreign nationals who have skilled work experience and are currently residing in Canada to apply for permanent residence. Under this category, temporary foreign nationals and international student graduates who have acquired qualifying working experience can apply for permanent residents.

Often, the reason why Canadian employers would hire a foreign work is because they couldn’t find the suitable candidates in domestic market. In other words, those foreign workers that come to Canada for the job position might have diverse skills which can satisfy the employers’ needs and contribute to our society. After having established extensive network through work and life experience in Canada, those foreign nationals become familiar and comfortable with their community and do not wish to leave. Also, the employers have invested on those workers and they don’t want their investment just go away. That has driven the foreign workers wish to stay permanently.

Temporary Resident Visa Documents

Do you want to travel to Canada for work/business purposes? Do you want to study in Canada but live abroad? Or do you just want to visit family members? You can do all of these things when you apply and get approved for a Temporary Resident Visa (TRV). Unfortunately, if you do not have the privilege of living in Canada, it is quite a process to do many things that require quite a bit of time if you are not a citizen or permanent resident of Canada. At Akrami & Associates we can help you compile all your temporary travelling documents with ease so that you can come to Canada for temporary stay.

What is Temporary Resident Visa or TRV?

TRV is an abbreviation of the phrase “Temporary Resident Visa”. A Temporary Resident Visa is a visa that a foreign person, whom does not reside in Canada, requires in order to complete the duties that they desire to complete in Canada whether it is studying, working, or just visiting some friends/family. There are usually three cases in which travellers need to obtain a Temporary Resident Visa, these include individuals that want to work, to study or come for visitation purposes to Canada. These are valid reasons to apply for TRV and the documents are pretty much the same. Few things they all have in common is that when applying for temporary stay in Canada whether it is for Work Permit, Study Permit or Visitor Visa you need to prove your intensions to Canada is only temporary. This can be done by providing ample documents that ties you back to your home country. Also, when travelling to Canada as a temporary visitor you need to show documents that you are able to financially support yourself during your time of stay in Canada. The information page of your passport and applicable fees is another thing all applications have in common.

Removal Order from Canada

Have you been removed or deported from Canada previously and are ready to travel back there again? Most people, when removed or deported from Canada, don’t know how to get back into the country again, they do not even know if they are able to do so. At Akrami & Associates, we can help you decipher whether or not you are eligible or authorized to return to Canada. At Akrami & Associates, we have a team of knowledgeable and experienced associates who have successfully solved over 15,000 cases and would be more than happy to help you with your legality needs/inquiries as well.

What is Authorization to return to Canada (ARC)?

Not to be confused with Temporary Resident Permits (TRP), Authorization to Return to Canada, also known as ARC is the process one has to go through if they have previously been removed from Canada. There are three ways in which you can be removed from Canada, the first being a Deportation order, followed by Exclusion Order and the last being a Departure Order. As mentioned earlier, do not confuse the authorization to return to Canada with a TRP. A TRP, the abbreviation for the term “temporary resident permit”, is a makeshift permit that grants you entry into Canada if you have an inadmissibility issue such as DUI, felony, misdemeanor etc. ARC applications are for individuals depending on the type of removal order they got based on that it can be determined what you need to apply for. For example, if you had come to Canada as visitor, student or worker and you overstayed your welcome stay then you would need to apply for an ARC application as you violated an immigration rule. Another example would if you misrepresented yourself meaning you lied on your application or withheld information from an immigration officer. Also if you were removed for health reasons from Canada you would need to apply for ARC application. The main difference between a TRP and an ARC is the reasoning behind each stay. For a TRP, you are insisting on residing in Canada for a specific period of time whereas for an ARC, you are asking permission to return to Canada because the Canadian government has previously removed you. Authorization to return to Canada, likewise its name, is the approval you have to get from the government to be able to enter the country again.

Who needs a Visitor Visa to enter Canada?

A Visitor Visa is a piece of official document that is issued and attached on the applicant’s travel document such as passport and allows the applicant to enter the country. It usually states the place where the visa is issued, date of issue, passport number, expiry date before which the applicant has to enter the country or the visa goes invalid, types of visa such as single or multi-entry etc.

Visitors from most countries need a visitor visa to come to Canada, a type of Temporary Resident Visa (TRV). If you are planning to travel to Canada, you should find out online in advance to see if you need a visa to enter Canada or not.

Off-Campus Work Permit for students

Have you ever wondered how much money you can save by working in Canada as a student? Did you know that you can also work in Canada while you complete your education? Canadian immigration has many opportunities to offer even to foreign nationals when they arrive in Canada. Apart from studies wouldn’t it be a great idea to work and gain experience while you get instructions from your professors how everything works in your field of study? Working in Canada while you study not only helps you gain experience it also helps you support yourself in so many ways such as professionally and financially. Students in Canada come for many opportunities and working in Canada just adds to their skills and knowledge of their profession as well as the country where they want to work and study. In this blog we will discuss who fits the requirements to be considered eligible to work off-campus in Canada. We will also discuss what the conditions are and how one can avoid any kind of trouble working in Canada while studying.

Off-Campus Work Permit Eligibility

From June 1, 2014, the government of Canada made amendments to the rule to help international students to work in Canada. Now students can work off-campus while completing their studies in Canada. You can work for up to 20 hours throughout the week and full time during your schedule breaks such as summer holidays and winter holidays with the work permit. In order for you to qualify you must meet the requirements, the requirements are listed below:

Want to Study in Canada?

Canada is an amazing country to study in; many students from around the world consider studying in Canada because of its high ranked post-secondary schools. Many students, wherever in the world they may reside, at one point in their lifetime consider studying abroad. Some students like the thought of and want to study abroad but are not able to do so solely on the fact that they do not want to go through the hassle of seeing whether or not they are eligible to apply for a Study Permit. At Akrami and Associates, we understand how confusing and difficult it may be to obtain a study permit if you have no experience or are applying for the first time. Our associates are experts regarding the topic of study permits due to their past experiences with helping clients obtain study permit. One of our associates can and will be more than happy to assist you in obtaining your study permit. You can rest assured when you choose to work with Akrami & Associates because the representatives have dealt with many successful cases so hopefully we stick to our success and make your case one of our many successes as well.

Who is eligible to apply for a Study Permit?

You may ask yourself “am I eligible to apply for a study permit?” Well, if you are a foreign person who wishes to study in Canada, you may be able to do so under certain conditions. If you are a foreign person who wants to study in Canada, you must choose to do so (study in Canada) for more than 6 months. You are eligible to study in Canada for professional education and/or training. However, you are not eligible/not permitted to obtain a study permit if your intentions are not solely for the purposes of study, hence, if you choose to abuse the power of this permit to just get into the country, an officer has the right to take it away from you. Officers may refuse your application if your evidence is not sufficient enough and/or they are not satisfied with the information provided. A study permit, likewise its name, is only used for the use of study. A study permit is much like a visa in regards to the application process and documents. Study permits and visas differ from each other in that they are used for different purpose When you choose to obtain a study permit, you must intend to leave the country and go back to your own home country, in order to prove this, you must convince the officer you have ties back home and that you do indeed intend to go back and live there.

Inviting parents to Canada?

Do you want your parents and/or grandparents, whom reside in a different country, to be able to visit you for a longer period of time? If you want your parents and/or grandparents to stay with you for more than 6 months, take a stand and tell them to file in their Super Visa application. Akrami and Associates have dealt with many super visa application cases. At Akrami and Associates, our associates will do everything they need to help you reunite you with your loved ones. We will facilitate the application process for you and help guide you through the process with our expertise, which always results in the best outcome for our clients. With Akrami & Associates, there’s always a way!

What is a Super Visa?

You may ask, “Well what is a super visa and why would I want or need one?” “Can’t I just get a visitor’s visa?” A Super Visa is very similar to a regular Visitors Visa, the one major difference is the time period in which you are allowed inside the country. In the case of a regular Visitors Visa, you could only stay up to 6 months at a time, for example, if you are given a 10 year visa every 6 months you would have to exit the country while with a super visa you would have to exit every two years without have to renew your visa. If you have family that visits you often then it’s recommended to get the super visa, because it saves you time and money in the long run for not having to renew it constantly.

Hiring a Temporary Foreign Worker

Under the current Temporary Foreign Worker Program, families/private households can be employers and can hire a foreign caregiver in a full-time capacity. The foreign caregiver can work in the household on a live-out or live-in basis, and they are processed as part of the temporary foreign worker stream.

If you wish to hire a temporary foreign worker as an in-home caregiver, you (as the employer) will first need to obtain a Labour Market Impact Assessment (LMIA). The following is some information about LMIAs and in-home caregivers.

Open Work Permit

Does your spouse work or study in Canada and you want to accompany them while traveling and living in Canada? Does the distance and time of study or work period in Canada create a barrier in your relationship? Everyone has the right to be with their family and spend quality time no matter what the situation or circumstances are. This blog will discuss what an Open Work Permit is, who qualifies for one and what the conditions and requirements are for you to be able to obtain the Open Work Permit and reunite with your family members in Canada. This permit has categories to allow people belonging to temporary permits in Canada to bring their spouses for a particular period of time if they meet the requirements.

What is Open Work Permit?

Open Work Permit is a work permit that does not restrict the employee to work for one specific employer or do one job in particular. Open Work Permit is exactly like the Post Graduate Work Permit that international students qualify for once they graduate from a Canadian institution. Depending on the time that the student studied in Canada, Post Graduate Work Permit (PGWP) allows the student to stay in Canada. For example, if an international student studied in Canada for the duration of 8 months he would qualify for a post graduate work permit with the duration of the same time as he spent in that institution to finish his studies. However, if you studied in a Canadian institution as an international student for 2 years, you will qualify for 3 years of Post-Graduate Work Permit. PGWP does not restrict you to work for a specific employer or do a specific job. Exactly in a same way the open work permit does not restrict you to work for one particular employer. The purpose of this permit is to unite families who have a spouse or common-law partner in Canada.