Immigration Blog - Immigration Blog about US & Canadian Immigration matters. - Page 18

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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.

Determining Eligibility for Self Employed

Determining Eligibility for Self Employed

To be found eligible as a self-employed person in Canada, you must:

  • Have relevant experience and intend to be and must be self-employed in Canada,

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3 Most Important Documents for Intra Company Transfer

3 Most Important Documents for Intra Company Transfer

Three Important Documents:

  • Proof of continuous employment (full time) with the enterprise outside of Canada for at least one year within the previous three years period preceding the date of application

  • Proof of executive or managerial position held by the applicant in the company or

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How To Apply For H&C Application

How To Apply For H&C Application

H&C Application Eligibility

It is important to note that H&C class is not intended as a parallel process to refugee determination. Refugee claimants may not submit an application for permanent residence for H&C considerations while under refugee claims are still in process. Designated foreign national may not apply for H&C for at least five years after the day of their designation or if there is a refugee claim or an appeal pending before a division of the IRB.

For those that may apply for H&C, their application is assessed on its own merits; officers consider the humanitarian and compassionate consideration for each application on individual basis of the applicant’s personal circumstances.

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Intra Company Transfer Specialized Knowledge

Intra Company Transfer Specialized Knowledge

Specialized Knowledge

The intra company transfer category was design to assist multinational businesses to move employees 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 hold must be a managerial or executive position or have specialized knowledge and must have a work permit to be able to work in Canada.

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Point System

Point System

Federal Skilled Worker Point System

Canada uses a point based system to assess skilled workers. The point system was designed to improve consistency and fairness by reducing discretion and the potential for discrimination in selecting immigrants. Under the point system immigration officers assign points up to a fixed maximum in each several categories. The minister has the authority to set the passing mark. Therefore, the minister can make changes to the passing mark based on changes in the Canadian economic and social landscape.

The point system changes affect the weight and number of points in the selection factor:

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SNP Eligibility for Farm Owners or Operators

SNP Eligibility for Farm Owners or Operators

Saskatchewan Nominee Program

This category is for the individuals who have proven experience in farming and available to invest in a farming operation and who intend to purchase and operate a farming operation in Saskatchewan. Before you apply under this category, you need to know whether you are eligible for this category or not. In order to qualify for farm/ operate category, you must meet all the following four criteria:

  • Available Equity- you must have to provide financial documents showing a net worth of $500,000 Canadian Dollars (CAD).

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Federal Skilled Workers

Federal Skilled Workers

Federal Skilled Worker Requirements:

Foreign nationals who apply for permanent residence as skilled workers are expected to meet a number of eligibility criteria including the education, skills, work experience, language ability and other qualifications needed to contribute to the Canadian labour market.

A person applying as a skilled worker is called the principal applicant and in addition to meeting the eligibility criteria must not be inadmissible. The principal applicant may include family members in the application for permanent residence as long as the visa officer is satisfied that the family members are in fact family members and they are not inadmissible in Canada.

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Three Tips For TRP

Three Tips For TRP

1. Requirements

The application criteria:

  • A foreign national who is inadmissible or does not meet the requirements of the IRPA, may be eligible for a TRP if an officer believes the admission is justified in the circumstances.

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NAFTA Work Permit

NAFTA Work Permit

As a business person, you may be asked to work in their international headquarters in Canada or you may want to venture into the Canadian market yourself. Either way, you will need to distinguish yourself as a business individual because depending on which category you fall under, you will have different rules to follow in order to work in Canada.

If you are a business person, you may come to Canada to do business under a free trade agreement. You may enter and work in Canada if you qualify under one of these agreements:

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Live In Caregiver Program Requirements

Live In Caregiver Program Requirements

Employer requirements:

  • The 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.

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What is a TN Visa

What is a TN Visa

TN Visa

It is a visa category that is fully labeled as ‘Professionals Under the North American Free Trade Agreement’, which is also known as a TN Visa. This visa is only available to citizens of Canada and Mexico, who are under the terms of the North American Free Trade Agreement (NAFTA).

The TN visa is available for non-immigrant professionals who live in Canada and Mexico to work in the United States in a prearranged business activities for the US or foreign employers. These individuals must be citizens of Canada and Mexico. Permanent residents are not able to apply for a TN visa to work as NAFTA professionals.

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How do I qualify for an Intra Company Transfer

How do I qualify for an Intra Company Transfer

Intra-Company Qualifications:

The Canadian government has introduced various programs that help business professionals enter into Canada without much hassle. This is where the Intra-Company Transfer work permit program comes in, as it allows certain employees like:

  • Executives,

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Who Qualifies under Family Sponsorship

Who Qualifies under Family Sponsorship

Who qualifies under the Family Sponsorship category for a Canadian Immigration Visa?

In this category it is normally close relatives of either a Canadian citizen or a Canadian Permanent Resident.

For the most part, in order to qualify under the Family Sponsorship category you must be related to the person in which you are Sponsoring or the person who is sponsoring you.

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Authorization to Return to Canada

Authorization to Return to Canada

What is ARC?

ARC is authorization to return to Canada. It is needed when someone was once in Canada, then they were asked to leave using one of the three removal orders we have, and now they want to come back into the country. There are three types of removal orders in Canada: departure order, exclusion order and deportation order.

Departure Order

Departure order gives you the choice to leave Canada voluntarily or else you will be forced to leave Canada. If you had received a departure order and you left Canada within the required 30 days, and you verified your departure with a Canadian immigration officer at the port of exit, you do not need ARC. However, if you left the country without verifying your departure, or you left more than 30 days after the order was issued, the departure order automatically becomes a deportation order and you would need to apply for an ARC.

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Does Everyone Need a TRV

Does Everyone Need a TRV

What is a TRV?

A TRV is a Temporary Resident Visa which is also known as a visitor’s visa. A Temporary Resident Visa is a permit that allows you to enter and stay in Canada for a certain period of time. It is what you would apply for if you are visiting Canada. In other words, you are only entering for a temporary period of time.

The Temporary Resident Visa can be cancelled by an officer at any time and once you leave Canada, the permit is no longer valid unless you have been allowed to leave and re-enter. There are different kinds of TRV’s, some allow you to re-enter Canada and others only allow single entry into Canada.

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The Express Entry Pool

The Express Entry Pool

What is the Express Entry Pool?

This is where you will find potential candidates like yourself who have went ahead and created an Express Entry Profile. Once you have created your profile you will need to ensure that you are eligible for one of the economic immigration programs.

What are the programs?

There are 4 programs that will be taken into consideration for you to fall under. They are:

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Inland vs Overseas Spousal Sponsorship

Inland vs Overseas Spousal Sponsorship

Two Types of Spousal Sponsorship:

There are two different ways to apply for spousal sponsorship. There is the inland vs outland application. As with everything in life, there are pros and cons to each and every situation. Determining which application is best suited for you and your spouse’ specific needs may be a little confusing. There are different rules and aspects to each application which may or may not benefit you. However, understanding the differences between the two applications (inland or outland) may help with making this decision a little bit easier.

Spousal Sponsorship Application from Inside of Canada (Inland):

Pros:

  • The sponsored spouse must remain within Canada during the processing time.
  • The sponsored spouse can obtain an open work permit (an open work permit allows the sponsored spouse to work in Canada during the processing time for your application).

Cons:

  • The sponsored spouse may not leave Canada during the processing time, otherwise the application will be determined abandoned.
  • Processing times are usually longer than the processing times for outland sponsorship. The first stage alone takes about 8-12 months.
  • If an inland application is denied, then no appeals will be permitted.

Spousal Sponsorship Application from Outside of Canada (Outland):

Pros:

  • The sponsored spouse is allowed to travel to and from Canada during the processing times; however, he/she can only do so if he/she has a valid document that allows them to do so, such as a Temporary Resident Visa.
  • Processing times are usually faster than with inland applications, however this depends on which country you are applying from.
  • If an outland application is denied, then the sponsored spouse has the right to appeal that decision.

Cons:

  • The sponsored spouse must wait outside of Canada for a decision, unless your spouse has an additional visa (e.g. Temporary Resident Visa) which allows them the ability to be within the country while waiting for the application to be processed.

Further, you must go through extensive lengths to provide proof of their relationship. These documents listed are what CIC required you to produce. However, you should add in anything extra that you can possibly think of that can prove your relationship is genuine. Examples would be a joint bank account maybe, proof of living together (renovations), mail comes to same address, phone records that show consistent communication, text messages, etc…) All in all, you are trying to show your relationship to someone who does not know you through paper.

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Canadian Experience Class Program

Canadian Experience Class Program

What is the Canadian Experience Class?

The Canadian Experience Class (CEC) is a Category under Canada’s Temporary Foreign Workers Program. The Temporary Foreign Worker’s Program (TFWP) is a program the Canadian government offers to allow Canadian employers to hire foreign nationals. The goal of the TFWP is to help fill genuine and acute labour needs. The program is always reviewed in order to guarantee that the goal is fulfilled and that Canadians never feel and are never displaced.

Requirements of CEC:

  • the applicant must plan to live outside of Quebec
  • the applicant must have at least 12 months of full-time experience or the equivalent in part-time experience in Canada with the proper authorization in the three years prior to submitting an application
  • the applicant must also meet a specific language requirement which either a Canadian Language Benchmark threshold of 5 or more depending on the job

Occupations that are not eligible:

  • Administrative officers
  • Administrative assistants
  • Accounting technicians and bookkeepers
  • Retail sales supervisors
  • Food service supervisors
  • Cooks

If the individual is eligible, he or she may then enter the Express Entry Pool.

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Benefits of Hiring Representation

Benefits of Hiring Representation

Although, an immigration representative is not required to apply for a visa, there can be many benefits of hiring immigration representatives.

One of the benefits is that the representative has a lot more knowledge about immigration than just another average person. They are qualified professionals who are able to assist you on Canadian Immigration proceeding or application.

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Do I Need a Provincial Nomination?

No, Provincial Nomination is not a requirement for Canadian immigration.

The Provincial Nomination Program is simply an option for individuals to obtain Permanent Residence quicker. If individuals qualify for the provincial nomination program, they are at an advantage due to the fact that they are an asset to the province/territory in some way or another.

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