Immigration Blog about US & Canadian Immigration matters.

What is the Provincial Nominee Program?

Provincial Nominee Program is designed specifically for individuals who want to reside in a particular province in Canada based on their skills as a professional, education and experience. The provinces in Canada have signed an agreement with the federal government to pick and choose the employee based on the economic needs of the province. So this program is province in which you are not selected by the federal government based on your credentials but rather you are selected based on the province’s requirements as a candidate. Candidates are given points for having education, experience, job, relatives in Canada, age etc. If you qualify based on the point’s criteria, you get selected. After you are selected you will be invited to apply for permanent residence in Canada under the program. We will discuss further in this blog how a person can apply and what factors will help them get points and get invitation to apply for permanent residence. Express Entry has four different programs and one of which is Provincial Nominee Program. This program is similar to other programs but there are different requirements for approval. Depending on the province you reside and want to live in, you will have to comply with the requirements of that specific province.

Provincial Nominee Requirements

We will discuss briefly what the basic requirements are that have to be met before an individual could be considered eligible to apply under this category. Total points in express entry are 1200 out of which 600 points are given for having a job or for having a PNP nomination. The estimated time for processing is 6 months. The criteria for consideration under this program has some requirements. There are seven requirements listed below:

US Spousal Sponsorship

Are you a citizen of the United States? Interested in sponsoring your spouse? This may get to be a confusing process. Essentially, your spouse will live in the US as a Green Card Holder with you if your application is successful. However, there are specific steps towards this process that differ depending on your situation. You will want to make sure that you follow the correct procedure to ensure higher chances of success.

How do I bring my spouse if I am a US citizen?

You may only sponsor your spouse to the US if you are either a citizen or a permanent resident (Green Card Holder). As a US citizen, there are two different processes: one for if your spouse to be sponsored is inside the US, and a separate one for if they are living outside of the US. If your spouse is living inside the US lawfully, there are two major forms you will need to complete. The first is Form I-130, Petition for Alien Relative. This form is intended to establish the relationship between you and your spouse to be sponsored. The other form you will need to fill out is Form I-485, Application to Register Permanent Residence or Adjust Status. This form will enable your spouse to be a permanent resident of the US (if the form is adequately completed and ultimately accepted). Ensure that you properly fill out both forms, and submit them at the same time.

Why Am I Denied Entry to USA?

Many Canadians like to travel to United States for either leisure or work purposes. Spending time and gaining new experiences are one of the most valuable things in our life. With the United States of America as our next-door-neighbours, we enjoy occasionally knocking on their doors and spending time in their home. But what do we do if they shut the door on us? As with any entry into a different country, you must make sure you have all the necessary documents and eligibility to enter. For some people, they may be deemed inadmissible to enter the US. If this is your case, there are some steps to take to help resolve your Inadmissibility and be eligible to enter the next time.

Reasons You Can Be Denied to US

Before attempting to resolve your inadmissibility, it is important to understand why you were deemed inadmissible in the first place. There are many possible reasons why a Canadian could be denied entry into the US.

Live in Caregiver Work Permit

After getting the Live-in Caregiver Work Permit, it is important for you to keep the track of its validity otherwise it could cause a problem while you stay in Canada. Live-in Caregiver Work Permit just like any other visa or status in Canada requires extension in case an individual wants to stay longer in Canada for the purposes of employment etc.

Live in Caregiver Work Permit Requirements

There are requirements which are necessary for the individuals who want to apply for extension of their Work Permit. To keep up with those requirements the Live-in Caregivers has to meet the following requirements:

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 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 this spousal 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.

Ways of Sponsoring Wife to Canada

For most, one of the biggest joys in life is spending quality time with family. With a holiday designated specifically for family time, it is clear that Canadians take their family time seriously. However, there are still many people whose spouses are in another country; therefore, their dreams of joining the valued Canadian family experiences are on hold. But why wait? There are various ways of sponsoring that could ultimately lead to your spouse joining you in Canada, such as the inland application and the overseas application.

What is the difference between an inland and overseas Spousal application?

An inland spousal application can be filed when the spouse is in Canada. This would involve obtaining a visitor visa to be in Canada, and then applying for the inland application from within to the Canadian office. If the application for a visitor visa is denied, then the applicant cannot file an inland application and may only file an overseas spousal application which would mean that the spouse is residing outside of Canada. This would have to be sent to the visa office within the country where the spouse has lived for at least one year.

Travelling to Canada as a Tourist

If you wish to apply for a Temporary Resident Visa, usually referred to as a Visitor Visa, there are a number of factors that should be considered before applying. This article will give you some useful information on applying for Temporary Resident Visas in the following sections: What is a Temporary Resident Visa? Do I need a Temporary Resident Visa? Electronic Travel Authorization (eTA), and What are the Main Requirements?

What is a Temporary Resident Visa?

A Temporary Resident Visa (TRV) is most often called a tourist visa or visitor visa, as it name implies it is only for temporary stay in Canada, therefore issued for a limited period of time. A TRV is most often applied by foreign nationals who wish to stay in Canada for a limited period of time that come to Canada for the most common reasons tourism, conducting business or visiting family or friends in Canada.

Canadian Citizenship

Are you permanent resident of Canada and like to apply for Canadian citizenship? Well there are many benefits to obtaining your Canadian citizenship such as not having to renew your PR Card, getting involved in politics, not limited to certain jobs, you don’t have to be afraid of getting deported, not having to worry about meeting residency requirements, your children will be Canadian, being able to vote, continuing social benefits and most importantly travel easily. This article will discuss who qualifies for the Canadian citizenship and how you can prepare yourself taking the citizenship test.

Do I qualify for Canadian citizenship?

To be eligible to apply for Canadian citizenship you have to meet certain requirements such as being 18 years of age, being a permanent resident of Canada, able to speak and write in English or French, not have any criminal inadmissibility issues, or being on a removal order, meeting tax requirements, showing that your intentions are to remain in Canada, demonstrating how well you know Canada and most importantly meeting the residency requirements. You have to have been living as a Permanent Resident (PR) at least four years out of the six (1,460 days). This means that you have to be inside Canada for 183 days per year in four out of the six years. Also, you can include your children in your citizenship application only if you meet the age requirements (18 years of age). If you are under the age of 18 you cannot apply for Canadian citizenship but your parent or guardian has to apply on your behalf. Once you have determined you meet the Canadian citizenship requirements you can apply and include all your supporting documents with your Canadian citizenship application. Once the immigration officer determines that you have met all the requirements you will be invited to write the test.

Advantages of Studying in Canada as an International Student

Canada is known as of the best countries to study in, many foreign students select to study in Canada because it is known for its schools. Every year thousands of international students apply for Canadian colleges or universities and approximately over 200,000 students are studying currently and the number keeps growing every year. Many internationals students choose Canada to study because it offers great advantages over other developed countries. Some of these advantages include, cheaper tuition fees, Canadian education is respected worldwide, Canadian education prepares students for their professional career in Canada or abroad. Also, international students may eligible to apply for permanent residency in Canada upon completion of their studies and having gained professional work experience in Canada.

Ways of studying in Canada as an International Student

If you like to study in Canada you have two options either applying for the Canadian student permit or studying in Canada without the study permit. If your program of study is longer than 6 months you require a study permit. If your program is six months or less you are exempt from the requirement of study permit. This means your program of study should be completed within the 6 month period and you will not be granted an extension to remain in Canada.

What is a Canadian Permanent Resident Card (PR)

The Canadian Permanent Resident Card is wallet sized card that can be shown as official proof that you are Permanent Resident of Canada. The card contains information such as eye colour, height, gender, date of birth etc. The card also contains your picture that is engraved with your signature. If you travelled outside of Canada and like to re-enter Canada through plane, bus, train or boat you are required to show your PR card before boarding. If you don’t have a PR card or have lost your PR card and are outside of Canada you need to apply for a Temporary Travel Document from the nearest Canadian immigration visa office to be able to travel or re-enter into Canada.

I applied for PR card how will I receive my permanent resident card?

If you applied for permanent resident card you will receive your card through mail within 64 days. If you renewed your card or reapplied for one the processing time is approximately 81 days.

Express Entry: Rounds of Invitations

After creating an Express Entry Profile, all applicants are entered into the Express Entry Pool and have the potential to receive an Invitation to Apply as a Skilled Immigrant under one of the following streams for Permanent Residence:

• Federal Skilled Worker Class
• Federal Skilled Trades Class
• Canadian Experience Class

Receiving an Invitation to Apply for a particular class under Express Entry is determined by an applicant’s total Comprehensive Ranking System (CRS) score. In theory, one could score 1200 points in the CRS. However, this is not a common occurrence. Many applicants will score in the 400 to 800 point range, which is still viable for receiving an Invitation to Apply.

Express Entry Draws

By now, most people are familiar with the new way to apply for Permanent Residence in Canada, Express Entry. Introduced on January 1^st 2015, it was a major overhaul of the previous PR application system which consisted of people rushing to submit paper applications before their Federal Skilled Worker occupation category’s cap had been reached, or before the Canadian Experience Class application cap had been reached for the year. Express Entry meant the elimination of paper applications, the elimination of caps for all categories (Canadian Experience Class ‘CEC’, Federal Skilled Worker Program ‘FSWP’, and Federal Skilled Trades Program “FSTP’), and the elimination of long processing times with multiple requests for things like medicals and Right of Permanent Residence Fees.

Overall, the government seems satisfied with the Express Entry system’s results, with only a few small alterations to the program being made so far. On the other hand, many PR hopefuls feel cheated by the system, especially Canada’s international student community; who feel that the current point score distribution puts them at a disadvantage.

I am from India do I need a Visitor Visa to Canada?

It is no secrete that India appreciates all that Canada has to offer; with over 1.3 million East Indians living in Canada, and Canada’s third official language being Punjabi, India’s roots run deep in the great white north. There are many reasons why someone from India may want to visit Canada; maybe you would like to experience Canada’s beauty and landmarks, visit a relative or friend, or determine if you would like to settle in Canada permanently by visiting first. Whatever the reason, because India is not a visa exempt country, you will first have to obtain a Canadian Visitor Visa before entering Coming.

What is a Visitor Visa?

A Visitor Visa is a document that allows individuals from non-visa exempt countries (such as India) to enter and remain in Canada legally for up to 6 months at a time.

Labour Market Impact Assessment

Labour Market Impact Assessment (LMIA) applications have gained popularity since the introduction of Express Entry, as PR hopefuls receive an additional 600 points for having government approved ‘arranged employment’ via a positive LMIA from their employer. Although many people would like to pursue obtaining an LMIA to either to help with their Permanent Residence or to apply for a work permit, they don’t know what an LMIA is, who qualifies, or what the requirements are. Knowing more about the process can help you determine if you may be eligible to take advantage of the opportunities an LMIA can provide.

What is an LMIA?

An LMIA is a Labour Market Impact Assessment, this is an employer application for company’s who cannot fill vacant positions with qualified Canadian Citizens or Permanent Residents, and would therefore like to be able to hire skilled foreign workers on either a short term basis (LMIA for work permit) or permanently (LMIA to support PR) to satisfy their employment needs.

Temporary Resident Visa vs. Temporary Resident Permit

Canada has over 35 million temporary residents enter Canada each year; and unless you are from a visa-exempt country such as the United States, you will need to apply for and be granted a Temporary Resident Visa (TRV) whether it be for tourism, study, or work.

Although Temporary Resident Visa and Temporary Resident Permit sound like they are the same thing, they are in fact very different! Applying for the wrong document could delay your entry to Canada, therefore its important to know which one is right for you.

Express Entry Draws

By now, most people are familiar with the new way to apply for Permanent Residence in Canada, Express Entry. Introduced on January 1^st 2015, it was a major overhaul of the previous PR application system which consisted of people rushing to submit paper applications before their Federal Skilled Worker occupation category’s cap had been reached, or before the Canadian Experience Class application cap had been reached for the year. Express Entry meant the elimination of paper applications, the elimination of caps for all categories (Canadian Experience Class ‘CEC’, Federal Skilled Worker Program ‘FSWP’, and Federal Skilled Trades Program “FSTP’), and the elimination of long processing times with multiple requests for things like medicals and Right of Permanent Residence Fees.

Overall, the government seems satisfied with the Express Entry system’s results, with only a few small alterations to the program being made so far. On the other hand, many PR hopefuls feel cheated by the system, especially Canada’s international student community; who feel that the current point score distribution puts them at a disadvantage.

Canadian Visitor Visa- Multiple Entry

Over 35 million come to Canada on a Temporary basis each year, with that number only projected to increase. If you are from a visa exempt country such as the United states, you are entitled to remain in Canada for up to 6 months at a time, as long as you meet the ‘admissibility requirements’ to enter Canada (it is important to note that if you are a visa exempt individual residing anywhere other than the US or Saint Pierre and Miquelon, as of the fall of 2016 you will required to obtain an electronic travel authorization document before entering Canada via air). If you are not from a visa exempt country, you are required to apply for, and be granted a visitor visa (also known as a temporary resident visa) before you can enter Canada.

What is a Visitor Visa?

A visitor visa is a document issued by a Canadian visa office that provides proof that you have met the requirements to enter Canada for a temporary period as a visitor. This documents is placed in your passport, to be shown to the Border Officer at the port of entry when you arrive in Canada.

Spousal Sponsorship Conditions, Agreement & Undertaking

When you are sponsoring your spouse or partner for Permanent Residency, whether it takes place inside or outside of Canada, you are committing to more than just each other. There are commitments and promises to be upheld by both the sponsor and the sponsored individual with the Canadian Government.

In some cases, this ‘agreement & undertaking’ lasts longer than the relationship, so it is important to fully understand what you are signing up for when you decide to sponsor your spouse. Similarly, if you are the sponsored person, your Permanent Residence is conditional for what can almost be considered a probationary period; therefore you must also be fully aware of what conditions are placed on you if you chose to pursue Spousal Sponsorship.

Can a Customs Officer deny an American entry to Canada?

If you are an American looking to enter Canada on a temporary basis, whether it be for a quick trip to Toronto to attend a sporting event, or a visit spanning several months; make sure your entry to Canada is a smooth one. Although the US is a visa exempt country (meaning not every American needs to apply for a Visa before entering Canada), the Customs Officer at the border may still decide to deny entry to an American trying to enter Canada.

Americans are not guaranteed entry to Canada, and in many ways your approval to enter is at the discretion of the Customs Officer reviewing your admissibility at the port of entry. Therefore, it is a good idea to know in advance what officers are looking for, in order to make sure you aren’t turned away.

What is the Express Entry Program?

Express Entry is a new system for managing visa applications for Canadian permanent residence. The Express Entry system is an online portal where applicants can submit their forms and other documentation electronically and receive updates through their online profile. The electronic system was launched in January, 2015.

The Express Entry system has replaced the old paper based application system for the following economic immigration programs: