Immigration Blog about US & Canadian Immigration matters.

Denied Entry to Canada for Inadmissibility

Crossing the Canadian border when you have criminal convictions on your record could seem like an overwhelming process. The long queues and tiring paperwork required beforehand can make it a challenge for any traveller, especially if you are a parent wanting to see your children and other relatives after a long time; hectic amounts of paperwork and the time required for processing is not always an option. So if you are individual that has inadmissibility issue to Canada such as a DUI, Misdemeanour, Felony, Theft charge, Misrepresentation you may either qualify for the Temporary Resident Permit (TRP) or Criminal Rehabilitation.

Difference between a Temporary Resident Permit and Criminal Rehabilitation

Individuals who were convicted of a criminal offence outside Canada are required to obtain a Temporary Resident Permit to allow them to enter the country. The TRP is valid for an authorized time as directed by an immigration officer, however, should you wish to leave the country within the allotted time of your Temporary Resident Permit, you will be required to obtain beforehand approval. If you do not gain this approval, then your TRP will expire and you will have to start the process all over again. To solve the problem, Immigration Refugees and Citizenship Canada offers a Criminal Rehabilitation program to allow individuals with inadmissibility issues (such as those who are required to have a TRP to enter the country) to overcome their inadmissibility given the nature of their offence and if sufficient time has passed since the day of offence and conviction.

What is a Super Visa?

A Super Visa is a temporary visa issued to parents and grandparents of Canadian citizens and Permanent Residents of Canada. The Super Visa allows parents and/or grandparents to enter Canada and stay for up to 2 years per visit and is valid for a period of 10 years. A Visitor Visa is a multiple entry visa which is also valid for 10 years but only allows 6 months of stay per visit; different from a Super Visa which enables 2 years of stay. The Super Visa allows parents and grandparents of Citizens and/or permanent residents to enter Canada and stay with them for an authorized period.

You must be eligible to apply for a Super Visa as a parent or grandparent. Eligibility means you must meet the following conditions:

Sponsoring Family to Canada

Looking to sponsor a family member to Canada? Wondering about the process, and what to do? There are many different types of applications when sponsoring members of the Family Class. This can involve spouses, conjugal partners, common-law partners, parents, grandparents, siblings, etc. There are many types of members you can sponsor, each with a different application depending on their specific situation. However, there is one thing in common with all sponsorship applications. That is the proof of finances. As a sponsor, your application will likely question your financial situation. Depending on the type of application or person(s) you are sponsoring, you would need to meet certain specific financial requirements in order to be an eligible sponsor.

Why am I Financially Responsible for the Person I Sponsor?

When you sponsor someone under the Family Class, you will be asked to sign an undertaking. This is a contract in which you commit to being financially responsible for the person that you sponsor. This includes basic requirements, which are the essentials for living such as: food, clothing, personal requirements, shelter, utilities, fuel, household supplies, and health care (for those branches that aren’t covered in Canada, such as dentistry). This undertaking is assurance to the Canadian Government that your sponsorship will not result in a burden on the Canadian social assistance program. The undertaking only lasts a set number of years, dependent on the type of person you are sponsoring. For example, for a spouse, the length of the undertaking would be three years after the spouse becomes a permanent resident. Note that during this time period of three years, the undertaking is binding. This means that you would be responsible for them even if you divorce, separate, move away from each other, etc. This undertaking is the document that binds you to be financially responsible for the principal applicant. This means you must demonstrate that you have adequate financial resources to provide for the person(s) who will be coming to Canada.

Travelling to the US for Tourism

Foreign national who do not hold citizenship of the United States are generally required to obtain an appropriate visa before they are eligible to enter and stay in the United States. Non-Immigrant Visa are granted to individuals wishing to enter the United States for temporary stay; these individuals will leave the United States once their permitted stay is over. Immigrant Visa are granted to individuals who wish to enter and stay in the United States and intent to stay as permanent residents. Different visa are granted to different categories of individuals, depending on the purpose of the visit.

The following table provides the Visa types that can be issued to different categories:

Provincial Nomination Program

Provinces and territories in Canada, with the exception of Quebec, can chose to nominate individuals and persons with certain skills and certain qualities to immigrate to Canada through the Provincial Nomination Program (PNP). These nominated individuals must have the desired skills, educations, and practical applicable work experience related to the field through which they are applying, a sense that they are going to contribute to the Canadian economy as well as the provincial economy that supported them and the requirement to live in that respective province.

Each province and territory has a special “stream” through which they nominate persons for immigrations. A stream is an immigration program that targets certain groups and that match the criteria for which the applicant applied for. For example, a stream of a program at a provincial and territorial program may target students of certain education, business people specialized in certain sectors, skilled workers or semi-skilled works.

Can I sponsor my children to Canada?

Have you fallen in love with the wonderful aspects of Canada? Want to live the rest of your life indulging in maple syrup and poutine along with your family? If so, you may want to consider sponsoring your children. If you are eligible to be a sponsor, you may be able to successfully be reunited with your dependent children who are currently living abroad.

Family Sponsorship Eligibility

Before applying to sponsor your children, you must confirm whether or not you are eligible to be a sponsor. You must be either a Permanent Resident or Canadian Citizen in order to be able to sponsor your family. Note that if you live in Quebec, there may be different requirements; thus, you will need to refer to the Quebec conditions on becoming a sponsor. Though these are the requirements you will need in order to be eligible to apply, there are still other factors that could cause your ineligibility. This usually involves past actions regarding your children or your sponsorship. For example, factors that may cause you to be ineligible to sponsor include: previous history of violating your sponsorship agreement, failure to pay child support despite court order, are on social assistance (with the exception of being disabled), were convicted of a violent/sexual crime OR specific criminal threats, missed payments on immigration loans, have declared bankruptcy, or are currently in prison. Though these are pre-determined factors that will affect your eligibility, there may be other reasons why immigration officers will reject your application.

Open Work Permit

Does your spouse work or study in Canada and you want to accompany them while traveling and living in Canada? Does the distance and time of study or work period in Canada create a barrier in your relationship? Everyone has the right to be with their family and spend quality time no matter what the situation or circumstances are. This blog will discuss what an Open Work Permit is, who qualifies for one and what the conditions and requirements are for you to be able to obtain the Open Work Permit and reunite with your family members in Canada. This permit has categories to allow people belonging to temporary permits in Canada to bring their spouses for a particular period of time if they meet the requirements.

What is Open Work Permit?

Open Work Permit is a work permit that does not restrict the employee to work for one specific employer or do one job in particular. Open work permit is exactly like the post graduate work permit that international students qualify for once they graduate from a Canadian institution. Depending on the time that the student studied in Canada, Post Graduate Work Permit allows the student to stay in Canada. For example, if an international student studied in Canada for the duration of 8 months he would qualify for a post graduate work permit with the duration of the same time as he spent in that institution to finish his studies. However, if you studied in a Canadian institution as an international student for 2 years, you will qualify for 3 years of Post-Graduate Work Permit. PGWP does not restrict you to work for a specific employer or do a specific job. Exactly in a same way this spousal open work permit does not restrict you to work for one particular employer. The purpose of this permit is to unite families who have a spouse or common-law partner in Canada.

Express Entry Draws

By now, most people are familiar with the new way to apply for Permanent Residence in Canada, Express Entry. Introduced on January 1^st 2015, it was a major overhaul of the previous PR application system which consisted of people rushing to submit paper applications before their Federal Skilled Worker occupation category’s cap had been reached, or before the Canadian Experience Class application cap had been reached for the year. Express Entry meant the elimination of paper applications, the elimination of caps for all categories (Canadian Experience Class ‘CEC’, Federal Skilled Worker Program ‘FSWP’, and Federal Skilled Trades Program “FSTP’), and the elimination of long processing times with multiple requests for things like medicals and Right of Permanent Residence Fees.

Overall, the government seems satisfied with the Express Entry system’s results, with only a few small alterations to the program being made so far. On the other hand, many PR hopefuls feel cheated by the system, especially Canada’s international student community; who feel that the current point score distribution puts them at a disadvantage.

Labour Market Impact Assessment

Labour Market Impact Assessment (LMIA) applications have gained popularity since the introduction of Express Entry, as PR hopefuls receive an additional 600 points for having government approved ‘arranged employment’ via a positive LMIA from their employer. Although many people would like to pursue obtaining an LMIA to either to help with their Permanent Residence or to apply for a work permit, they don’t know what an LMIA is, who qualifies, or what the requirements are. Knowing more about the process can help you determine if you may be eligible to take advantage of the opportunities an LMIA can provide.

What is an LMIA?

An LMIA is a Labour Market Impact Assessment, this is an employer application for company’s who cannot fill vacant positions with qualified Canadian Citizens or Permanent Residents, and would therefore like to be able to hire skilled foreign workers on either a short term basis (LMIA for work permit) or permanently (LMIA to support PR) to satisfy their employment needs.

Spousal Sponsorship Conditions, Agreement & Undertaking

When you are sponsoring your spouse or partner for Permanent Residency, whether it takes place inside or outside of Canada, you are committing to more than just each other. There are commitments and promises to be upheld by both the sponsor and the sponsored individual with the Canadian Government.

In some cases, this ‘agreement & undertaking’ lasts longer than the relationship, so it is important to fully understand what you are signing up for when you decide to sponsor your spouse. Similarly, if you are the sponsored person, your Permanent Residence is conditional for what can almost be considered a probationary period; therefore you must also be fully aware of what conditions are placed on you if you chose to pursue Spousal Sponsorship.

Can a Customs Officer deny an American entry to Canada?

If you are an American looking to enter Canada on a temporary basis, whether it be for a quick trip to Toronto to attend a sporting event, or a visit spanning several months; make sure your entry to Canada is a smooth one. Although the US is a visa exempt country (meaning not every American needs to apply for a Visa before entering Canada), the Customs Officer at the border may still decide to deny entry to an American trying to enter Canada.

Americans are not guaranteed entry to Canada, and in many ways your approval to enter is at the discretion of the Customs Officer reviewing your admissibility at the port of entry. Therefore, it is a good idea to know in advance what officers are looking for, in order to make sure you aren’t turned away.

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

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

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.

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.

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.

What is a Study Permit?

A Study Permit is a document that gives you permission to start or continue studies in Canada. You can come to Canada to study at a primary or secondary school which goes up to grade 12. You can also come to study at a college or university. As an international student enrolled in a designated learning institution you will be allowed to work part-time during school and full-time during school breaks without a work permit.

What do I need to study in Canada?

• You need to have a letter of acceptance from the designated learning institution
• Proof that you have enough money to pay for:

• tuition fees,
• living expenses for yourself and family member who comes with you, and
• transportation for yourself and family member who comes with you.

• You need to be a law abiding citizen with no criminal records and not be a risk to the security of Canada
• You need be in good health and be willing to complete medical exam
• You need to prove to an immigration officer that you will leave Canada at the end of your stay.

If you do not properly attain what is listed above your application may not be approved.

Can you and your family receive medical treatment while your claim is being processed?

Yes, to an extent you will be able to receive medical treatment. The Federal Government of Canada has guaranteed that emergency medical treatment will be available to you at no charge. This is available to anyone who can’t afford to buy their own medical insurance. There are also some medical clinics that offer free check-ups for refugee claimants.

What is a visitor visa?

A Temporary Resident (visitor) Visa is a travelling document which allows you to enter into Canada whether it is as a tourist, for visiting family and friends, or for business purposes. To enter Canada you may need a visitor’s visa depending on your citizenship.

What do I need to apply?

To qualify for a visitor visa you must have the following:

Can your family be protected with you?

In most cases yes, Citizenship and Immigration Canada like to keep families together and bring them back together in unity as often as possible. In the case that you family will also need protection you and your family will have one hearing and one decision together.

What is seen as “family” members?

Family can be many different people, in terms of your Refugee Claim family can be: