Immigration Blog about US & Canadian Immigration matters.

Can you apply for Refugee Protection from outside of Canada?

Yes, you can apply from outside of Canada if you are outside of your country. This however, can be a difficult process in most cases. In order to start this process you must first apply to the United Nations High Commission for Refugees (UNHCR).

By taking this step you will be asked to prove that there is no way that you can be settled in the country that are currently residing in. You will usually also have to show that you are going to be economically successful in Canada if you come.

A live in caregiver program is for an individual who is qualified to care of children, elderly persons or persons with disability in private home without supervision. If you want to apply for live-in caregiver program under the economic class, you have to qualify for this program. There are certain requirements for live-in caregiver program and those are:

Requirements for caring for children

• You need to have two year full-time work experience in Canada as a child care within last four years
• You also have to meet a minimum language requirement against the Canadian benchmark 5.
• You also need to have a Canadian postsecondary education credential of at least one year. If you have completed your education outside Canada then you need credential equivalency against Canadian standard by Education Credential Assessment (ECA).

Requirements for caring for high medical need

• You need to have two year full-time work experience in Canada as a home care to someone or provide health facility as a registered nurse, a registered psychiatric nurse, a licensed practical nurse , a nurse aide, or a home support worker
• Show that you are licensed to practice in Canada if required
• You also have to meet a minimum language requirement against the Canadian benchmark 7
• You also need to have a Canadian postsecondary education credential of at least one year. If you have completed your education outside Canada then you need credential equivalency against Canadian standard by Education Credential Assessment (ECA).

There are some other requirements in order to qualify for live in caregiver program. You have to meet certain other requirements except your education specifically for caring for children and caring for high medical need in order to eligible for live in caregiver program in Canada. The requirements are following:

It is not mandatory as an applicant to Canada within the Express Entry system for you to have a job offer in order to apply.

Canadian employers now play a larger role now with the immigration under the Express Entry than they have ever before. Meaning, that having a valid job offer from a Canadian employer may increase your chances of being invited to apply for Permanent Residence.

The Canadian Experience Class Program is another way of applying for Permanent Residence under the Express Entry system, which was introduced in January of 2015. It means after a certain amount of Canadian work experience you can apply to obtain a Permanent Residence Visa. Express Entry is an electronic management application system for immigration into Canada. It helps in the selection and processing of applications for permanent residence, under particular economic immigration programs. The major goal for Express Entry is to connect immigration to the labour market. Express Entry received the name because once you are given an “Invitation to Apply”, then you have 60 days to complete the application for Permanent Residence, it could only take up to 6 months to process. The Express Entry does not change the immigration requirements; it just assists in making it faster and more organized.

You can only qualify for the Canadian Experience Class Program through a post-secondary education, if you have only acquired a Master’s degree, after completing a previous program one year in length. Both must be completed from an approved Canadian post-secondary institution, and within 2 years. If you did a co-op year it does not qualify for the one year of employment, you must graduate from the program before work hours can be accounted for. The work experience does not have to relate back to what was studied. Part time work while you were a student also does not qualify.

As of January 1, 2015 there is no longer a list of qualifying occupations. There used to be a list of fifty qualifying occupations of which you must work full time continuously full time for one year, but with the new start of Express Entry that is no longer the case.

The Federal Skilled Worker program does still exist but now you must apply under the Express Entry. You will require to have worked continuously for a total of 1,560 hours (30 hours per week) full time or part time to the same total of 1,560 hours (either 2 jobs at 30 hours a week, or 15 hours a week over 2 years (24 months)) The job would have to be in the same skill level, and be at the skill level of 0, A, or B according to the National Occupational Classification.

For starters, what is Express Entry?

In 2015 the Canadian government has started a new and improved immigration program. This program will allow “Express Entry” to immigrants that meet the requirements to fill open jobs that there are no available Canadians for.

Are you required to hire an immigration representative for Express Entry?

You are NOT required to hire an immigration representative for this application process. However, hiring a representative for the Express Entry will allow you to ensure that all of the requirements are met and that the application is filled out properly and efficiently. Our immigration representatives are here to help you in any way that we can, while working towards making the process less overwhelming.

You as a lower-skilled worker can be hired by employer for up to a maximum of 24 months where there is a demonstrable shortage of Canadian citizens and permanent residents.

An employer needs to get Labour Market Impact Assessment (LMIA) once that is approved that can then give the LMIA to you as the foreign worker and then you are to take it to the Citizenship and Immigration Canada (CIC) to apply for a work permit.

There is a new system for people who apply to this program, and it’s called Express Entry.

The federal skill trade program is for people who would like to become permanent resident, based on being qualified in a skill trade.

Work Permits are essentially temporary visas, with the added permission to work in Canada. To be able to work in Canada you:

• First and foremost need a job offer from a Canadian employer.
• Secondly, you would need your employer to get a positive LMIA

Since you are in a foreign country and your employer is in Canada, a lot of times you may be unaware of the specific requirements that an employer needs to fulfill. Providing you with a job offer is simply not enough, as they would also have to receive an approval from Employment and Social Development Canada and would have to complete a Labour Market Impact Assessment (LMIA). The LMIA itself requires the employer to show significant attempts to hire a Canadian resident.

There are various ways for your spouse to get status if you have status in the U.S. You can do so if,

1. You are a citizen or permanent resident of the U.S. and you wish to sponsor your spouse as a permanent resident
2. You are a citizen or permanent resident of the U.S. and plan to marry your fiancée
3. You are a temporary (nonimmigrant) worker and your dependent spouse will be accompanying you
4. You are a student and your dependent spouse will be accompanying you

If you are a U.S. citizen or a permanent resident, you may be able to sponsor your spouse as a permanent resident. To do so, you will need to file a form to petition for permanent resident status for your spouse, whether they are inside or outside of the U.S.

A waiver is usually issued by the Department of Homeland Security. You may need a waiver to enter the U.S. if you have been convicted of a criminal offence. In order to apply for the waiver you may have to adhere to the following steps:

• You may have to obtain local court records of the offence. If your offence is pardoned, showing proof of this will help your case.
• You may be required to prepare a personal statement, which will state the circumstances surrounding the offence.
• You may be required to fuel an Application for Advance Permission to Enter as a Nonimmigrant.
• You may also have to provide your Biographical Information.
• Any supporting documents that show your ties to your home country. Your family, employment and any assets may help you prove your ties to your home country.
• You may also need character reference letters, which will show your good character.

Keep in mind that everything you are submitting should go towards reflecting your character.

A Green Card is an official identification card which is given to permanent residents in the United States. The card acts as proof of your permanent residency. A permanent resident is usually authorized to work and live in the U.S on permanent bases. A Green Card is usually issued by Immigrations and Naturalization Service.

There are many way you may be able to receive your Green Card:

There are a few questions you should ask yourself to determine whether or not the Visitor for Business Visa is what you are looking for. There are six questions to look at:

1. Does your stay only require you to enter the U.S. for a short, specific period of time under six months?

The Minister of Citizenship and Immigration of Canada (CIC) declared changes under the Faster Removal of Foreign Criminal Act. The purpose of these changes is to protect Canadians and the integrity of Canada’s immigration system. The first priority of Canadian government is the safety and security of Canadians.

Some applicants are inadmissible on the basis of criminality. Inadmissibility means an applicant is not eligible to immigrate to Canada or they are not allowed to enter Canada. There are a number of reasons someone might be considered inadmissible to Canada, including previous criminality.

There are many ways to become a Green Card holder with the help of a job offer or employment. Here are some of the following ways you may be able to apply:

• Green Card through a job offer: if you have a job offer for permanent employment in the U.S. You may be eligible to become a permanent resident.
• Green Card through Investment: if you are an investor/ entrepreneur who is making an investment in the U.S., which creates jobs, then you may be eligible for a Green Card.
• Green Card through self-petition: this option is available for people with extraordinary abilities or for individuals granted a National Interest Waiver.
• Green Card through Special Categories of Jobs: jobs like, religious worker, international organization employee, may be able to get a Green Card.

All the above categories may require I-360, which is Petition for Amerasian, widower or Special Immigrant. You also may also file your immigrant petition at the same time at from I-485; this process is known as concurrent filing.

The Skilled Worker category is one of the categories of Provincial Nominee Program of Newfoundland and Labrador (NLPNP). The NLPNP skilled worker category nominates applicants who have special skills in a particular area and who can fill an employer’s current labour needs.

You are eligible for the skilled worker category, if you meet the certain requirements and those are following:

If an individual is interested in opening up a business in Canada, there are ways to do so. People might have successful businesses overseas and wish to expand. Others just maybe want to start fresh in a new country or have a good idea for that specific location. Canada has a program called a Start- up Visa. This visa targets the type of entrepreneur who can build a business that has the ability to compete on a global scale and creates new jobs. Many people are drawn to Canada due to its strong economy, low taxes and business costs, excellence in research and innovation, and top quality of life.

Eligibility:

• Before an individual applies for the Start-up Visa, he/she must gain the support of a designated Canadian organization.
• The applicant must also obtain a Letter of Support (this is proof of their support) from this organization.
• The individual must meet the language requirements in order to be approved. The individual must be able to communicate in either French or English and will be tested on four general areas: speaking, reading, writing, and listening. In each category the minimum requirement level is a Canadian Language Benchmark (CLB) 5.
• The language test must be completed abroad
• If you do not meet language requirements, you will be refused.
• If the language assessment is not included, then your application will not be processed.
• The applicant must have sufficient funds.
• The government will not provide financial support to immigrants coming with a Start-up Visa.
• Your funds must be sufficient enough to support yourself and your dependants upon arrival to Canada. The amount of money you need will depend on the number of dependants you have. It can be anywhere from $11,931 to $31,574

• Minimum investment:
• You must secure a minimum investment of $200,000 if the investment comes from a designated Canadian venture capital fund.
• You must secure a minimum investment of $75,000 if the investment comes from a designated Canadian angel investor group.

If those requirements are met, your application would then be reviewed on CIC’s standard admissibility criteria, including health, criminality and security.

The Alberta Provincial Nominee Program is also known as Alberta Immigrant Nominee Program (AINP). This program is designed to help the province economically. This is done so by attracting and retaining immigrants that are ready to work within Alberta. Individuals must be nominated by the government of Alberta in order to be allowed the possibility to apply for permanent residency along with their spouse or any children they might have. This program offers a chance to both skilled and semi-skilled workers. If you are looking for temporary work, then the AINP is not for you, since this is a program for permanent residency. It is important that a valid work permit be maintained throughout the application and assessment period, individuals exempt from this are the ones that are applying under the Strategic Recruitment Stream Engineering Occupations Category. If this is not done so, the application for AINP will be declined. Requirements vary, depending on which stream and category you fit into. There are three different streams/categories available for this. Engineering Occupations Category is one of the categories under the strategic recruitment stream that an individual can apply under.

Engineering Occupations Category: applies to Temporary Foreign Workers who have experience working in Alberta within their engineering occupation.

Documents needed for LMIA Application

• Business license or documentation showing proof of employers’ involvement in the business
• Union consultations done before applying to hire the foreign worker(s)
• Drafted and signed an employment contract
• Documentation of recruitment efforts to hire a Canadians and permanent residents before offering this job to a temporary worker and have proof of required advertisement
• Proof that the work place is safe
• Proof of health insurance coverage for temporary foreign worker paid by employer
• Proof that employer will accommodate foreign worker with affordable housing
• Receipt of payment for round trip by employer
• Need proof that the temporary foreign worker will leave Canada once your work permit expires
• May need to provide proof of education of foreign worker
• Proof that the wage rate meets the minimum requirement set by provincial legislation
• Proof that there is a shortage of Canadian citizens and permanent residents in that job area
• Registration of foreign worker under the appropriate provincial Workers’ Safety and compensation Board

If you are looking at filing a LMIA application, let us help with that. At Akrami & Associates, we specialize in LMIA applications. Contact us Tod

What Documents Do I Need To Work In Canada?

• A letter from employer with job offer
• Need proof that you will leave Canada once your work permit expires
• Prove that you have enough finances to support yourself and family members during stay and to return home
• A legal passport or proof of legal status in the country you are migrating from
• Medical report to prove that you are in good health
• Will need to provide a background check to prove that you have no criminal records and that you will not be a danger to Canada’s security
• You may need a police clearance certificate

Above are just some of the documents you will need to provide for a work permit application. If you are looking at filing a work permit application, contact us today! At Akrami & Associates, we specialize in work permit application. Let is help you move forward!