Immigration Blog about US & Canadian Immigration matters.

What is a Study Permit?

Are you an international student and like to study in Canada? If so, you need to obtain a study permit. A study permit is a document given by Citizenship and Immigration Canada that gives you permission to study in Canada.

Do I have to apply for a study permit?

Well, this all depends on the length of your studies as well as where your home country is. For starters, if the program that you plan on studying is less than 6 months then it will not be required of you to obtain a Study Permit. If your program exceeds the 6 month period then you will need to apply for a Study Permit, if you are not from a country that is visa-exempt. Also if you are member of the armed forces or are a citizen of another country who has a Registered Indian status then you also do not need a study permit.

What is the Significant Benefit Work Permit

The Significant Worker Benefit Program is a special type of work permit that is given if you show how you will socially, culturally, or economically benefit Canada.

There is certain documentation you must show to the officer at a port of entry. This includes:

• Your passport

Your Canada immigration visa (Permanent Resident Card) application must filled out correctly with the proper documents attached to it. Failure to do so may lead to your application being denied.

Who can I include on Canada immigration visa application?

• Spouse: A legal marriage partner. Includes both opposite and same sex relationships

What is the US Family Class?

The US Family Class promotes family unity. Depending on your relationship to your sponsor, you may be eligible for a green card, fiancée or K-3/K-4 non-immigrant visa. The family class can be broken down into two sub categories:

1. Immediate Relative

What is an LMIA?

LMIA is a labour market verification process by the Employment and Social Development Canada (ESDC) to determine whether the foreign worker will have neutral or positive effect on Canada’s economy.

What is Positive LMIA?

A Positive LMIA shows that there is a need for the foreign worker to fill the job and that no other Canadian is available for the same job. Every employer who wants to hire a foreign worker needs apply for LMIA.

What is U.S. Family Class?

The U.S. family class allows you to come to U.S.A by a family member or relative. It was designed to promote family reunion. You can also bring in your husband. He would be considered an immediate relative as he is your spouse.

To sponsor your husband there are some requirements however:

1. You must be a US citizen or

Criminal Rehabilitation Requirements

There are certain requirements that must be fulfilled to obtain criminal rehabilitation. These include:

• The criminal offence you committed must fall under the Criminal Code of Canada or the federal statute

What Documents do I Need?

If you have received a removal order from Canada, then you need and Authorization to Return to Canada (ARC) in order to come back into Canada.

• application form

What Documents Do I Need to Renew my PR Card?

• Your current Permanent resident card and a photocopy of it

• Your application for card renewal

What is International Experience Canada (IEC)?

Young individuals from countries that have a bilateral youth mobility arrangement with Canada, who wish to travel and work in Canada, may apply under International Experience Canada.

There are up to three (3) travel and work options available to you, depending on your country of origin:

1. Working Holiday

What is the Business Class?

Business class is the third stream of permanent residence immigration under the economic class. Business class consists of three categories of people:

• Entrepreneurs

Requirements for the Employer:

• The Live in Caregiver Program (LCP) applies only to caregivers who live in the home of the person for whom they are caring. This is the case even when the home is not the employer’s residence.

• The employers must employ the live in caregiver on a full time basis and must provide private and well-furnished room with a lock for exclusive use by the caregiver.

What is H&C ?

The cases that do not fall under the more common applications for permanent residence either within family class or economy class are considered under H&C (humanitarian and compassionate considerations). These are generally unique, complex, and favourable cases decided on an exceptional basis. The H&C class allows the immigration officer or minister to grant permanent or transient residency in Canada to applicants who would otherwise not be able to meet the statutory and regulatory criteria. Individual who apply under this criteria generally are doing so as a final attempt to remain in Canada and were often unsuccessful to gain even refugee status.

H&C Applications

The H&C applications are made from outside of Canada. However there is an exemption for a person living in Canada to apply for it, only in circumstances which would show that a person would face undeserved, unusual or disproportionate hardship if required to leave. This exemption does not include inconvenience of leaving an established life in Canada.

What is Temporary Resident Visa?

Travelling to Canada can be a fun and exciting experience. However, in order to visit Canada, you need to retain a Temporary Residence Visa (TRV) or an Electronic Travel Authorization (eTA). Starting March 15, 2016 Canada has introduced the eTA for visa exempt countries. This is only required for travels coming to Canada via air. US citizens are exempt from this requirement.

An eTA is a big shift in how Canadian immigration works and it is going to change the way people apply to visit Canada. The eTA is for visa-exempt individuals who fly to Canada. Before people could visit Canada without needing to get a visa, but now, these individuals are required to get an eTA.

What is Intra Company Transfer

The intra company transfer category was designed to assist multinational businesses to move executives temporarily when required to another country under the same company.

The intra company transferee refers to foreign workers who are sent to work for the same company in a different country. In order to qualify under intra company transferee a person must have worked continuously for at least one year under the same employer in the USA or Mexico, and are being transferred to Canada for a short terms for the same or related employer. The position that the worker holds must be a managerial or executive position and must have a work permit to be able to work in Canada.

Authorization to Return to Canada

Those who are looking to re-enter Canada will require a prior authorization to do so. This authorization is applicable to people who have a Canadian visit visa, or received any of the three removal orders. Those that entered Canada on a visit visa need to get authorization at the time of leaving to re-enter Canada. If you have received a removal order from Canada, then you need and Authorization to Return to Canada (ARC) in order to come back into Canada.

There are three types of removal order:

Departure order:

A person who receives a departure order would be told to leave Canada within 30 days. If a person leaves Canada within that time period and verified their departure with a Canadian Immigration Officer at the port of exit then they do not need an Authorization to Return to Canada ARC for future. They can simply return after a normal examination at the port of entry. However, if the person left Canada without verifying their departure or after the 30 day deadline then the departure order becomes a deportation order and would require an ARC to re-enter Canada. A departure order is issued for a less serious violation of immigration law.

Can Live-in Caregiver Live Outside Of The Employers Home?

There have been changes to the live in caregiver program. Caregivers now have the option of living outside of the employer’s house. Caregivers now have the option to apply to two new pathways for permanent residence. This will reduce workplace vulnerability and provide better opportunities for the caregivers.

In order to use the live out program the worker would have to apply for a regular work permit rather than their LCP work permit. They can choose to go through LCP through either the caring for children pathway or caring for people with high medical needs pathway.

What is a Travel Document?

If you are a permanent resident returning to Canada, you will need to show a valid permanent resident card or travel document before boarding an airplane, train, or any other means of transportation. Not everyone will need to show their travel documents.

Who Needs Them?

• Convention refugees

Barriers to Being Denied Entry to Canada

A common barrier to entry into Canada is prior criminal convictions that may seem insignificant to you as a traveler. One of the most recurring convictions among these is what is commonly referred to as driving under the influence (DUI), and can deal a significant blow to your travel arrangements, regardless of the duration or reason for your trip. Other ways such a charge might appear on your driving record are as follows:

• Driving While Impaired (DWI)

What is a work Permit?

Work permit is a document issued by the Canadian Government which permits a foreign individual to work at a job under an employer. Any individual who is not a Canadian citizen or Permanent Resident of Canada require a valid Work Permit to work in Canada.

Foreign nationals who wish to work temporarily in Canada are part of the Worker Class of Temporary Residents and are generally requires to have a genuine job offer to obtain a work permit unless exempted.