Immigration Lawyer - Immigration Blog about US & Canadian Immigration matters.

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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.

Emma is a staff writer for HubSpot's Sales blog. She loves sales, tech, sales tech, and cats.

A brief introduction to a Study Permit

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Are you looking to study in Canada but not sure how to start? If this is the case, then this blog is for you

To be able to study in Canada you first need to apply at a designated learning institution and get the acceptance letter. Once you have received the acceptance letter you can then apply for a study permit.

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How to Study in Canada as an International Student

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Are you a foreign national looking to expand your knowledge and study in Canada? Continue reading below for steps to take to gain a study permit.

To be able to study in Canada you must first apply to a designated learning institute (DIL) and be accepted. Only once you have received your acceptance letter can you apply for a study permit. A study permit is a document that is issued by Citizenship and Immigration Canada allowed international students to attend an authorized school within Canada for any period longer than 6 months.

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Ontario Provincial Nominee Program

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Most provinces in Canada have arranged with the federal government to allow them to nominate particular applicants for permanent residence because they would be an advantage to the provinces economy. These are called “provincial nominee programs (PNP),” and Ontario is no exception. Ontario has a PNP program individuals can apply for, within which there are various specific streams. Throughout this article, I will break down the Ontario PNP program, to help you learn how to apply and immigrate to Ontario as a skilled worker today!

What is Ontario’s Provincial Nominee Program?

Technically, the program is called the Ontario Immigrant Nominee Program (OINP). Otherwise, there is a very closely related program, called Ontario Express Entry. Essentially, if you apply through the Federal Express entry program, because you qualify under one of the 3 available streams; the FSWP, the FSTP, and/ or the CEC, you could possibly be nominated out of the express entry pool to apply for permanent residence within Ontario. Though, that it simply the process of applying for express entry. The process of applying for the Ontario Immigrant Nominee Program (OINP) is the focus of this article. Individuals can apply directly to the OINP program if they are eligible for one of the three categories.

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Temporary Resident Visa

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A Temporary Resident Visa is a document that is issued by the Canadian visa office which is placed in your passport to show that you have met the standards that are required for admission to Canada, as a temporary resident. You can apply as a visitor, a student or a worker, when applying for Temporary Resident Visa.

How do I know if I am eligible for a Temporary Resident Visa?

In order for you to be eligible for a Temporary Resident Visa, you must prove to the immigration officers that you do not possessed any safety risk or have any serious health issues that will affect the Canadian society. If the reason that you are inadmissible to Canada may seem like its minor, you have good reasons to why you must travel to Canada, emergency reasons may be acceptable.

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Visitor Visa Application Refusals

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Visitor visa applications are not easily approved by Immigration Canada. They are one of the most complicated and difficult applications to get approved. There are many significant reasons why a visitor visa may be refused. This blog will explain the most common reasons for refusal and how you can better your chances for a successful application.

It is very important for applicants to identify and understand why an application was refused, especially if another application is likely to be submitted in the future. All applications submitted to Immigration, Refugees and Citizenship Canada (IRCC) is reviewed and assessed by an authorized immigration officer. These immigration officers have the discretion and flexibility to determine whether or not the applicant meets all eligibility requirements and is qualified to be issued the visa.

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Family Class Sponsorship

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Are you a Canadian citizen or a permanent resident of Canada with family in another country and looking for options to all live together in Canada? Family reunification is very important to Canadians and the Canadian Government. This is where family class sponsorship was created.  The family class sponsorship program allows Canadian citizens and those who hold PR status to their family members from overseas, allowing them to come to Canada. If this sounds like your situation, continue below to learn more.

Who is able to be a sponsor?

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Qualifying as a Common-Law Partnership

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Common law partnerships are unique because they cohabitate in a marriage like commitment but are not actually married. Recognizing and assessing these types of partnerships are challenging for Canadian Immigration but is essential. Common law couples must provide sufficient supporting documentation and information in order to prove the genuiness of their relationship to Immigration officers.

To learn more about common law relationships from the immigration side, continue reading below.

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Renewing PR Card

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Is your PR card about to expire or has it already? Are you travelling outside of Canada soon and it will expire during that time?  Continue reading for your options to renew your PR card

What is Permanent Residency in Canada?

Permanent residency refers to the status given to individuals who have immigrated to Canada and are here to stay permanently.  They are not Canadian Citizens (yet) but are citizens of another country. Permanent residents are afforded most of the same benefits and privileges that Canadian citizens have. Some of these include:

  • Social benefits ( health care coverage)
  • Ability to apply for Citizenship once eligible
  • Protection under the Canadian Charter of Rights and Freedoms
  • The ability to study, work and live anywhere in Canada

There are some privileges not afforded to Permanent Residents that are to Canadian citizens such as being able to run for political positions, allowed to vote or hold some jobs that require high security clearance.

How do you maintain permanent resident status?

There are certain requirements a person  must meet to retain their permanent resident status in Canada. These are:

  • Residency obligations: 730 days inside of Canada in the last 5 years.
  • Must not receive a removal order
  • Must not renounce permanent resident status
  • Not receive a judicial sentence that states you are no longer a permanent resident.

You lose permanent resident status in Canada once you become a Canadian Citizen, but it is no longer needed than.

My card has expired. Am I still a permanent resident?

Even if your permanent resident card has expired, you are still a Canadian permanent resident. This just means that you need to renew your card as soon as possible.

Steps to renewing your permanent resident card

In order to renew your permanent resident card, there are several steps you must take. You must:

  • Have valid permanent resident status
  • Meet residency obligations( have been in Canada for a minimum of 730 days within the last 5 years
  • Be physically in Canada during the process
  • Provide a copy of your old permanent resident card
  • Fill out all required forms completely and truthfully
  • Include a copy of a valid travel document ( such as a passport)
  • Pay the application fee and include a copy of the receipt
  • Provide 2 photos that follow the dimension specifications
  • Provide all other documents that are asked for

Once you have everything together, the application needs to mailed to the processing office in Sydney Nova Scotia

What is the processing time for renewing my PR card?

The processing time is typically 2-4 months but delays can arise.

Why do I need a permanent resident card?

A permanent residency card confirms your status as a permanent resident of Canada. When traveling outside of Canada, upon your return your PR card is what grants you entrance back into the country.

What happens if my card expires while I’m outside of Canada?

If you are outside of Canada and your PR card expires, you need to apply for a Permanent Resident Travel Document. This is the only document that will guarantee you access back into the country.

Akrami and Associates

Obtaining permanent resident status is not an easy process, Don’t waste all your hard earned money and effort by allowing your status to expire. The process to renew your permanent resident status can be complicated and confusing. Let the assistance of the professional and educated associates at Akrami and Associates help. Contact us today with any questions or to book a consultation. 416-477-2545 This email address is being protected from spambots. You need JavaScript enabled to view it.

With Akrami and Associates, there's always a way!

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Open Spousal Work Permit

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Are a spouse or common law partner of someone studying or working temporarily in Canada and looking to work? A Spousal Open Work Permit may allow this. For details on the spousal open work permit, including who is eligible continue reading below

What is an open spousal work permit?

A spousal open work permit allows your spouse or common law partner to work legally in Canada at any eligible employer.

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Sponsor your spouse with a criminal record

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Immigration Officers are vigilant when it comes to accessing foreign national’s admissibility to Canada in order to ensure the safety and security of Canada, it’s citizens and permanent residents. Your spouse may be denied entry into Canada if they have a criminal record. There are options available to overcome the inadmissibility though. Continue reading below to learn how to sponsor your spouse to come to Canada even if they have a criminal record

Overcoming criminal inadmissibility

The most important step in sponsoring a spouse with a criminal record is to be it resolved. Whether that be having the record expunged, obtaining Criminal Rehabilitation or being deemed rehabilitated. Criminal Rehabilitation means that you have proved without doubt that criminal activity is in your past, you are very unlikely to reoffend and will not be a threat to Canada, it’s citizens or permanent residents.

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Work Permits Available to Foreign Nationals

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Most foreign nationals need a work permit to work in Canada. There are 2 types of work permits available:

  1. Employer Specific Work Permit
  2. Open work permit

Continue reading for more information on both types of work permits.

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Restoration of Status

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It is common that foreign nationals who are visiting, working or studying in Canada want to stay longer than originally intended authorized stay. If you are looking to extend your stay in Canada, you will need to undergo a restoration of status. To learn more about what restoration of temporary resident status, eligibility requirements and how to apply continue reading below.

What is restoration of status?

As a temporary visitor in Canada, whether studying, working or just visiting, you have an authorized length of time. When the authorized amount of time is coming to an end and you wish to stay longer, you must apply to restore your status within 90 days of the expiry date of your Temporary Resident Visa. This process is known as “restoration of status”

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Reasons for inadmissibility apart from criminality

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When foreign nationals are looking to come to Canada, they must first make sure that they are not inadmissible. Inadmissibility comes in forms other than criminality. Continue reading below to learn how you can be denied entry to Canada for reasons other than criminality

A foreign national can be denied entry to Canada and deemed inadmissible for any of the following reasons and must obtain the proper authorization to re-enter or come to Canada.

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Coming to Canada as or with a minor

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If you are under the age of majority or travelling with a minor to Canada, you must adhere to strict guidelines. The border officers are on the lookout for missing children, runaways and those being taken against their will. Minors travelling without proper documentation will be turned away at the border. Continue reading below to learn about the proper documents required.

What is a minor?

Each province/territory in Canada has its own age of majority. Anyone under that age is considered a minor.

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Express Entry Programs

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What is express entry:

The Express Entry category is an electronic and online system that manages applications for permanent residence for certain Economic programs. The Express Entry will also facilitate a faster processing time as Canada seeks out ways to increase economic stability through immigration

Candidates are ranked in the pool using a points-based system called the Comprehensive Ranking System (CRS). The highest ranking candidates are selected from the pool and are invited to apply for permanent residence.

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Renewing your PR card

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Is your PR card about to expire or has it already? Are you travelling outside of Canada soon and it will expire during that time?  Continue reading for your options to renew your PR card

What is Permanent Residency in Canada?

Permanent residency refers to the status given to individuals who have immigrated to Canada and are here to stay permanently.  They are not Canadian Citizens (yet) but are citizens of another country. Permanent residents are afforded most of the same benefits and privileges that Canadian citizens have. Some of these include:

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Hiring International Students

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Hiring Study Permit Holders

International student can still be hired while they are completing their studies. Students may work off campus without a work permit as soon as they start their Canadian studies. Study permit holders are able to work for eligible Canadian employers for up to 20 hours/week during the academic year, and full time hours during summer and other scheduled breaks. Students do need to meet certain requirements. These include:

  • Be a full time student ( in a program that is a minimum of 6 months long)
  • Have a valid study permit
  • Be studying in an academic program that leads a degree, diploma or certificate, or in a professional/ vocational training program
  • Be enrolled in a designated learning institute at the post-secondary level or in Quebec- a vocational program at the secondary level

 Once the student has met all of the above requirements, they may apply for a Social Insurance Number (SIN)

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Applying for a Study Permit

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Canada is recognized worldwide for the outstanding quality of education, from elementary school to post- secondary studies. Our educators are highly trained and bring diverse prospective into the classroom.  Is it a wonder why people from all around the world strive to build upon their education in Canada? If this sounds like what you would like to accomplish, continue reading to learn more.

What is a Canadian Study Permit?

A Canadian study permit is a legal document that is issued to foreign students who wish to pursue Canadian education. The study permit allows these students to study at a designated learning institution (DIL) at the post-secondary level. A study permit must be applied for before entering  Canada but it is also important to note that the permit does not act as a visa or eTA to enter the country

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Canadian Experience Class: An Overview

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The Canadian Experience Class (CEC) is one of the ways that gives you the opportunity to become a permanent resident of Canada. Applicants are ranked on the government’s comprehensive ranking system (CRS), and every so often a certain number of top applicants are given an invitation to apply. To learn who is eligible and how to apply for permanent residency through the Canadian Experience Class, continue reading below.

Eligibility Requirements for Canadian Experience Class

The purpose of express entry is to invite skilled foreign nationals in the hope of strengthening the Canadian Labour market. The specific eligibility requirements are:

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Entering Canada with a DUI

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Drunk driving charges are processed under many names worldwide, but they all equally have the potential to make you criminally inadmissible to Canada. These charges include, but are not limited to Driving Under the Influence (DUI), Driving While Intoxicated (DWI), Wet and Reckless (W&R) Reckless Driving, driving without Due Care and Attention. These charges can and will affect your chances of crossing the border into Canada. You do have hope if you’ve been charged though, read below for options of overcoming criminal inadmissibility because of your DUI.

Temporary Solution: Temporary Resident Permit

The Temporary Resident Permit (TRP) is a document that overcomes your inadmissibility and grants you entry to Canada but only for a limited time. The period of validity for a TRP is completely based upon the officer’s discretion. When the application is being reviewed, the officer considers whether your “need” to enter Canada outweighs any risk you might pose to Canada and Canadian Citizens. When looking to enter Canada with a DUI. The TRP is the fastest option, since for urgent travel you can apply at the port of entry.

The most important factors for an immigration officer in making the decision is the “risk vs. need”. The officer will investigate the following factors to make sure the threat you may pose on Canada is low and your need to enter Canada is justified.

  • The seriousness of the offence
  • Behaviours involved (alcohol, drugs)
  • Evidence that you are rehabilitated or reformed
  • Chances of successful settlement without committing any further offenses
  • Completion of all sentences, fines paid or restitution made
  • Eligibility for rehabilitation or pardon
  • Time since offense occurred
  • Pattern of criminal behavior

Permanent Solution- Criminal Rehabilitation

A criminal rehabilitation application would service as a permanent solution for overcoming your inadmissibility to Canada for a DUI. You may travel to Canada without the worry of your past criminal record on a permanent basis if your application is approved and you do not reoffend. Criminal Rehabilitation applications take approximately 12-18 months for a decision to be made, all depending on the nature and severity of your offence.

In order to adequately qualify for Criminal Rehabilitation, a period of at least 5 years must have passed since the completion of the sentence. The sentence includes, jail time, fines, probation, parole etc. Once all of these factors are complete, you are eligible to apply for Criminal Rehabilitation. The approval of your application is directly based on the officer’s discretion.  Officer’s want/need to make sure you do not pose any threat to Canada or Canadians, making them extremely vigilant.

Important Documents for Overcoming your Inadmissibility

 For both Criminal Rehabilitation applications and temporary resident permits that most important documents reviewed are criminal background checks. These must be provided for every country you have lived in for 6 months or more since the age of 18. For applications from the United States, you must submit FBI clearance certificate and criminal background checks for every state lived in and the state in which the offence occurred  (if different than residential state)

The applicant must also provide supporting documents relevant to the criminal record. These may include court documents that show sentence imposed, probation completed, fines paid, community service completed etc. You also need to supply a personal statement, letters of reference, employment letters. It is extremely important to show the officer that you have completed your sentenced but also demonstrate that you are fully reformed. The more information you can provide that shows this, the better your chances the immigration officer will approve your application.

Akrami and Associates

The Canadian government is very strict on Criminal Rehabilitation applications and Temporary Resident Permits. The need for strong supporting documents, and the difficulty in convincing the reviewing officer make these applications very difficult to pursue on your own. It is highly recommended to seek professional assistance in building a strong case. At Akrami and Associates, our legal representatives has assisted hundreds of clients overcome their inadmissibility. Feel free to contact us today for more information or to book a consultation. 416-477-2545  This email address is being protected from spambots. You need JavaScript enabled to view it.

With Akrami & Associates there is always a way!!

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