Immigration Blog about US & Canadian Immigration matters.

Study Permit into Canada

Canada has a vast range and number of Colleges and Universities with some of the best education available throughout the world. It is very common for students from other countries to want to come into Canada and study here. Moreover, as soon as you receive your letter of acceptance, you may begin your application for a study permit.

The study permit may make a student eligible to work in Canada while they are studying or after they graduate. If your training for school or your program requires an essential co-op or internship component, you will need to apply for a work permit.

After Labour Market Impact Assessment is sumitted:

After Employment and Social Development Canada (ESDC) receives a Labour Market Impact Assessment (LMIA) from a Canadian employer, they begin their assessment of the application. This will eventually result in either a positive or negative LMIA. If positive, then the Temporary Foreign Worker’s (TFW) work permit application will be assessed. There is also the potential for an LMIA to be revoked later upon reassessment.

This article will be divided into the following 4 main sections: Assessment Process, Positive or Negative LMIA, Work Permit, and Revocation of an LMIA.

H-1B Visa

The H-1B visa joins other U.S. temporary worker visas such as the L-1, TN, O-1, and OPT. The H-1B visa program gives U.S. employers the opportunity to temporarily employ non-immigrant foreign workers in a variety of specialty occupations. Read on to find out more about the H-1 B visa’s: Specific Requirements, Application Cap, Duration of Stay, and Permanent Residency (Green Card).

H-1B Specific Requirements

This section will provide information on what is needed to obtain an H-1B visa in more detail.

What will affect the time it takes for your Canadian immigration application to be processed?

There are several different factors that will affect the length of time it will take for your application to be processed once received by Citizenship and Immigration Canada. Some of these factors are:

• Which immigration category you are applying to Canada under

Business Class – Self-Employed

It is possible to apply under the Business Class category for Permanent Resident status in Canada in the following streams: Start-Up Visa (Entrepreneur), Immigrant Investor, and Self-Employed. This article will focus on the latter. Read on to find information on eligibility requirements, selection criteria, and financial qualifications for the Self-Employed stream.

Canada Business Class Eligibility Requirements

Occupations

First and perhaps most important, there is a list of eligible occupations for the Business Class Self-Employed stream taken from the National Occupational Classification (NOC). If you are planning to apply under this stream, you will have to have experience in one of the following occupations. Each occupation listed in the chart also states the NOC number:

Family Sponsorship Eligibility

For Canadian citizens and permanent residents, submitting a family sponsorship application is a popular way to bring a relative over to Canada. Once the relative is here, he or she will be eligible for a wide range of Canadian social services and other benefits that come along with being a permanent resident of Canada. In order to sponsor a relative to come to Canada as a permanent resident, you must meet the criteria established by Citizenship and Immigration Canada.

You are unable to sponsor if you:

• Are not a Canadian citizen or permanent resident

What is the NAFTA Work Permit?

The North American Free Trade Agreement came into force in 1994. One of the primary objectives of NAFTA was to eliminate tariff and non-tariff barriers to trade and investment between the North American countries of Canada, the United States, and Mexico. Since the agreement came into effect, it has helped to stabilize economic growth between its member countries.

In an effort to expedite business people’s entry into Canada under NAFTA, the NAFTA work permit was established. Business people who qualify under the NAFTA class are not required to receive a Labour Market Impact Assessment (LMIA). Citizens of Canada, the U.S., and Mexico entering Canada for temporary business or investment reasons under NAFTA are divided into 4 groups: Business Visitors, Professionals, Intra-Company Transferees, and Traders and Investors. Please see the appropriate section below to find out more information about how to apply for a NAFTA Work Permit.

What is Provincial Nominee Program and it Guarantee Permanent Residency?

If you like to immigrate to Canada for permanent residency the Provincial Nominee Program (PNP) might be right for you! The Provincial Nominee Program allows provinces the option to nominate individuals who like to immigrate to Canada and interested in settling in a particular province. This program is designed to select individuals who can contribute to the economic development of Canada.

A Provincial Nomination does not guarantee Permanent Residence. There are statutory requirements that an individual must meet in regards to health, security, and authenticity of documents before CIC will approve the Permanent Resident status.

Who can I sponsor to Canada?

We get many calls from clients asking us whether or not they can sponsor their girlfriend or boyfriend to Canada. If you have been in a relationship with your girlfriend and have lived together less than a year you cannot sponsor your girlfriend/boyfriend to Canada. But if you have lived with your girlfriend/boyfriend for at least one year you can apply under the common law sponsorship which qualifies you to sponsor your partner under the spousal sponsorship category. When applying under such a category you have to demonstrate you have lived together for at least one year and that your relationship is permanent and genuine.

Therefore if you have not lived together for at least one year and cannot demonstrate you are in a common law relationship then unfortunately you do not fall under the Family Class Sponsorship. This is not the end of the road; there are other options available to you by inviting your girlfriend/boyfriend for temporary basis to Canada such as the applying for the Temporary Resident Visa also known as the Visitor Visa.

What is the live in caregiver work permit?

Are you looking to temporarily immigrate to Canada to take care of children or take of someone who has high medical needs as a live in caregiver? If the answer to this is yes, then look no further than the live in caregiver work permit. The live in caregiver work permit allows you to take care of the person you are applying to care give for. There are two classes under the live in caregiver work permit that you can apply for and they are:

1. Caring for children
2. Caring for people with high medical needs

Live in Caregiver Requirements

There are certain requirements that must be met by you and the employer to receive the live-in caregiver work permit. These requirements are:

Every year, thousands of international business people come to Canada temporarily in search of new and exciting business opportunities, for investment purposes or to advance existing business interests and relationships. Under the Business Visitor Visa, foreigners can apply to come and visit Canada to do business with world-class Canadian companies.

Under the Business Visitor visa, foreigners who seek to engage in international business activities in Canada without directly entering the Canadian labour market can apply to come and visit Canada for a short time. It allows eligible applicants to explore dynamic business opportunities, participate in trade conferences, meet with Canadian counter-parts in Canada as well as experience Canadian culture and hospitality. If applicants wish to come to Canada to travel, visit attractions, enjoy leisure activities and explore business options, the Business Visitor visa is best suited for them.

Are you looking to permanently immigrate to Canada? Are you qualified in a skilled trade? If the answer to all these questions is yes, then look no further than the Canadian Federal Skilled Trades Program created by the Canadian government which seeks individuals like you. This program will be discussed further in depth below.

What is Federal Skilled Trades?

The federal skilled trades program was launched in the January of 2013 and allows those who are skilled in trades to obtain permanent residency in Canada to fill any labour shortages. But there are many requirements and steps you must meet and take in order to do so (discussed further below).

Planned a Trip to Canada but got Denied Entry at the Port of Entry?

Have you planned your trip to Canada and have come to Canadian border and denied at the Port of Entry? Well if this is your situation you are not the only one!! We get dozens of calls every day about individuals being denied entry to Canada and are not exactly sure why they have been turned back at the port of entry. Well, there could be many reasons for being denied entry ranging from minor to major criminal offenses that you might have been convicted years ago. To name some reasons why you could be denied entry Canada are as follows:

• Possibly being a security risk to Canadian citizens

What is NAFTA?

North American Free Trade Agreement (NAFTA) is a Free Trade Agreement between Canada, U.S. and Mexico entered into with the intention to liberalize trade between the countries. NAFTA deals with temporary entry to selected business persons who are citizens of Canada, U.S. or Mexico and who are involved in trade or business or investment activities. NAFTA eliminates the need for a Labour Market Impact Assessment (LMIA) for business persons and Work Permit for professionals and Intra-company transferees.

What does NAFTA not do?

• NAFTA does not assist with permanent admission

Canada Conjugal Sponsorship

Are you looking to bring your partner that you cannot wed nor live with to live with you in Canada for permanent residency? Is there a significant amount of attachment in your relationship? If the answer to these questions is yes, then you may be able to sponsor your partner to Canada under conjugal sponsorship which will be discussed further below.

What is Conjugal Sponsorship?

A conjugal relationship is a relationship in which you are essentially committed in a relationship but you and your conjugal partner can not wed and cohabitate with you because of reasons that are beyond you and your conjugal partner`s control.

What is the Live-In Caregiver Program?

The program was created address the shortage of caregivers in Canada. Over the period, new criteria for education and skills have been introduced in the live-in caregiver program. The program applies only to the care of children aged under the age of 18, elderly aged 65 or older, or persons with disability. The program applies only to caregivers who live in the home of the person for whom they are caring, even if the home is not the employers’ residence. The employer must employ the live-in caregiver on a full-time basis and provide a furnished room for the exclusive use of the caregiver.

Eligibility Criteria for Employers

To hire a caregiver under the live-in caregiver program the employer must:

Authorization to Return to Canada

Being removed from Canada can be tough and embarrassing for many. However, you can still be let back into Canada despite your removal. You can do this by obtaining an authorization to return to Canada which will be discussed further below.

What is Authorization to Return to Canada?

The authorization to return to Canada is a special authorization that allows you to return to Canada if you were removed from Canada. You can receive an authorization to return to Canada if you are looking for permanent residency, are looking to visit Canada once or multiple entries to enter Canada in a stated time period.

Business Visitor Visa

The business visitor visa allows you to temporarily immigrate to Canada for less than six months for business purposes pertaining to your international business. As the business visitor to Canada your activities have to be pertaining to your international business. As the owner of the visitor business you can attend business meeting or conferences, buy good for your foreign company, deal with after sales agreements and attend sales and product training which must be done by the Canadian company or distributor.

It is important to note that a business visa does not have a separate application. If you are not from a visa exempt country, you would have to submit the same application as the temporary resident visa. Visiting for business reason increases your credibility, as it gives you a valid reason to tell the officer and gain entry into Canada.

The Changes to Citizenship Act:

As of June 11, 2015 there were new changes and forms added to the Canadian Citizenship application. This was passed because of Bill C-24 Strengthening the Citizenship Act. If applications were submitted before this date, then the applications will be processed without requiring the changes and forms. However if the application was submitted after June 11^th, then the new changes and forms will be required. The changes are as follows:

1. Increasing time to get citizenship

What is NAFTA Work Permit?

NAFTA stands for the North American Free Trade Agreement and it is an agreement between Canada, the United States, and Mexico that was established in 1994. The NAFTA work permit for Canada allows citizens from either the United States or Mexico to temporarily immigrate to Canada to work.

Business Visitor Visa

A business visitor visa allows an individual to take part in international business activities in Canada. They are allowed to stay for a maximum for up to six months. If you are a business visitor, you will not require a work permit and are not eligible for NAFTA benefits as it is not under NAFTA. Instead business people will require a work permit and are under NAFTA and the categories for business people are detailed below (are under the categories for the NAFTA work permit).