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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.

Becoming a Canadian Citizen


How to Become a Canadian Citizen

If you wish to become a fully naturalized Canadian citizen someday, it may be on your priority list to learn the things you’ll have to do to complete this process. Though, it is a very long process, which always begins with another process to help an individual gain permanent resident status. The process by which an individual becomes a permanent resident could be very different from person to person, though, all who have achieved permanent resident status will suddenly find themselves on relatively the same path, whether they simply care to maintain their status as permanent residents, or, they would prefer to become Canadian citizens. Throughout this article we will cover the process of becoming a Canadian citizen, and be sure to explain the requirements to become eligible for this status.

So you’re a Permanent Resident, What’s next?

As you may already know, permanent residents must meet their “residency requirement” to be permitted to maintain their status as a permanent resident. You must a spend a minimum of 2 years, or, 730 days total in Canada to be able to successfully renew your status as a permanent resident. This is equivalent to spending a total of 2 years in Canada. This two years does not need to be consecutive, you simply must spend a total of 2 years, within the 5 years your PR card is valid in Canada.

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All About Spousal Sponsorship


A Basic Overview of Spousal Sponsorship

Often, when individuals refer to spousal sponsorship, they are referring to the streams of sponsorship in which partners sponsor each other; they may not necessarily be referring specifically to the process of spousal sponsorship. This is important to understand because there is a slightly different process for each of the three available routes under family class sponsorship. Specifically, if you would like to apply under any of the three programs, you must meet the eligibility requirements of that program. Throughout this article, we will explain the basics of conjugal sponsorshipconjugal sponsorship, common-law sponsorship, and spousal sponsorshipspousal sponsorship, and we will be sure to touch on the requirements to be eligible for each of the sponsorship streams.

What is Spousal Sponsorship Strictly?

Spousal sponsorship is a way helping your spouse become a permanent resident of Canada, so that the two of you may begin living together forever. To be eligible as a couple to apply for spousal sponsorship, you must be legally married. This means, you must have a marriage certificate for proof. While also the marriage must be conducted in such a way that it is legally recognized by both the country in which the marriage took place, and would also pass the legal qualifications of a Canadian marriage. Finally, you must be over the age of 18 to get married, or, have been over the age of 18 when you got married, regardless of the laws in your country of origin. Therefore, you must also both be over 18 to apply for spousal sponsorshipspousal sponsorship.

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Self Employed Immigration Information


How Do I Immigrate as a Self Employed Individual?

You may have done some digging into how to immigrate to Canada as a permanent resident, and noticed that unless you are coming to Canada while being sponsored by a family member or loved one, or applying for refugee status, almost all paths to permanent residency require the applicant to have a valid job offer before they will be able to apply successfully. Though, if you are a self-employed individual, it may not be in your agenda to work as an employee. You may see a keen opportunity to open your business in Canada, and you may want to act now. If this is the case, you should be aware the options are minimal, but there are ways in which you can immigrate to Canada as a self-employed individual. Throughout this article, we will work to help you understand how to go about immigrating to Canada as a self-employed individual.

What is Self Employed Immigration?

Well, as the name suggests, it is the way in which a self-employed individual immigrates to Canada, not because they have a valid job offer to support their permanent residency, but because they have promised to start a business upon their arrival in Canada and proved to be capable of doing so to an immigration officer when applying for permanent residency. To be eligible for this program, there are fairly strict requirements, though, this program is not to be overlooked; it presents a very unique opportunity to immigrate to Canada. Specifically, an individual who wishes to apply through the Self-employed immigration program must have relevant experience in cultural activities or athletics. These are the areas of the Canadian economy the Canadian government has determined are in need of assistance self-employed immigration can offer, whereas other sectors are not in need of assistance.

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Apply to Visit Canada


Apply for a Visitor’s Visa

Are you considering a trip to Canada temporarily? Do you come from a non-visa exempt country? Every year over 35 million people travel to Canada. Sometimes, people come to visit relatives, or, to attend a business trip, or, maybe even for simply tourism. If you do not come from a visa-exempt country and are trying to visit Canada, you must apply for a temporary resident visa, to be permitted to enter the country. All applicants must ensure they apply for all the necessary documents before attempting to travel to Canada, to avoid being denied entry at the border. If you come from a visa-exempt country, you have less to worry about than anyone else. Or, for example if you have a criminal history, you must address your inadmissibility before being able to enter Canada. If you are thinking about travelling to Canada in the near future, continue reading this article to find information that could be beneficial for you. Let us help you in applying for the right visa today!

What is a Visitor’s Visa?

A visitor visa, otherwise known as a temporary resident visa, is a document which allows individuals who are from non-visa exempt countries to enter Canada. If you are from a visa-exempt country, you do not require a visitor visa; rather, you simply require an eTA, otherwise known as an Electronic Travel Authorization. In order to apply for a visitor’s visa, you must only be requesting to enter the country on a temporary basis. To apply for a visitor visa successfully, you must be able to prove to an immigration officer that you will leave after the period of time your visa is valid for, is up.

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We Can Help With Your Applications


How to Avoid Common Application Mistakes

The number one reason applications are refused is because they are riddled with mistakes. These applications are difficult applications to pursue on your own, because, if you are unfamiliar with the process, there is a good chance you overlook certain details and submit an imperfect application. Unfortunately for applicants, the Canadian Government is not interesting in assisting others file applications; this is why they recommend you consult an immigration specialist, or a lawyer. It often comes as a surprise when an application which is incomplete is returned and refused, without any ability to re-submit it and pick up where it left off. However, one needs to understand, immigration and border protection cannot be taken lightly. Applications must be complete and robust for the security of Canada as a whole. Therefore, it makes sense that when an application is complete, it cannot simply be approved. Furthermore, the Canadian government has to devote all its time and resources to processing and approving complete applications for individuals who truly deserve to fulfill their long-worked-for-wish of immigrating to Canada. Everyone who submits an application to immigration can understand, the wait time are agonizing at the best of times, and they would not like to think their applications are being inefficient they are spending too much time processing applications. Ultimately, we have created this article to help applicants have an easier time submitting applications which will not be returned and refused, and get everyone working together to help Canadian border officers process more files successfully.

1. Always check country specific requirements before submitting your application.

Regardless of the type of application you are submitting, whether it be for permanent residence, or for temporary residence, please take the time to do this. Depending on the country and the type of application you are submitting, you could need to submit additional documents. Or for example, you could have to submit originals of some documents which other countries are only required to submit a copy of. If you do not submit original documents when required, your application will be returned as incomplete.

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How to Restore your Status in Canada


What is “Restoration of Status?”

Restoration of status is a fancy term for the process an individual who wishes to change or extend the terms of their temporary stay in Canada, necessarily goes through. As a temporary visitor to Canada, you only have legal status in Canada to stay for a designated period of time, therefore, if you decide you would like to stay longer to study or work, you must apply to extend your permit before the permit expires. If you fail to apply for a new permit before yours expires, you will not be on implied status, and rather, you will now have to apply for a restoration of status. A restoration of status is needed by any individual who allows their permit to expire before submitting a new application, but still would like to remain in Canada. If this is the case for you, I will be breaking down how to go about applying to restore your status in Canada, and successfully obtain a new valid temporary permit which will allow you to remain in Canada.

Who Needs to Apply for Restoration of Status?

The most important criteria to meet before applying for a restoration of status, to ensure you are even required to restore your status, is that you have allowed your temporary visa allowing you to be in Canada, to expire. Similar to this, you could also find yourself eligible to apply for restoration of status as the result of failing to abide by the conditions of your work or study permit. Specifically, you must have violated the condition to only work for the employer listed on your work permit, or, because you changed your program of study or educational institute from the one which is listed as a condition on your study permit. If you do either of these things and consequently have your study permit revoked, you can apply to restore your status on the new conditions of your permit. Though, it is important you did not violate any other conditions of your temporary permit. Next, it is equally important this permit has expired less than 90 days before you submit your application to restore your status. If it has been longer than 90 days, you are unfortunately ineligible. Finally, as mentioned, you must have complied well with the conditions on the original permit. Failure to have done so would also result in having your application to restore your status refused.

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Obtain A Study Permit for A Minor Child


Bring Your Children to Study in Canada

Canada’s schools system is often spoken about worldwide, and is widely respected for being a world-renowned education system. This is why many students come to Canada from all over the world to pursue their post-secondary education. Though, post-secondary students are not the only ones who can benefit from Canada’s education system. In fact, the Canadian government has lower eligibility requirements for minors to be able to come and study in Canada. Throughout this article, I will explain what it takes, to allow your child to be eligible to study in Canada.

What is a Minor to the Canadian Government?

First and foremost, it is important to be aware that these alternative requirements to study in Canada are only applicable to individuals who would legally be minors in Canada. This is different than being a “dependent” in the eyes of the Canadian government, and for the purposes if immigration. A minor is an individual who is under the “age of majority.” This fluctuates depending on which province you are in.

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Super Visa Application


Want to See Your Parents and Grandparents more Often?

Canada, being a land of immigrants, is filled with individuals who have migrated here, but have left members of their family behind in their country of origin, for one reason or another. This is often unavoidable, as it is not easy for an elderly individual to migrate their entire life overseas, and across borders. The Canadian government recognizes there are many families who are separated by borders and oceans, which do not get to see each other as often as they would like. For this, they have introduced the parents and grandparents super visa. The super visa program, allows parents and grandparents to apply for a document which allows them to visit Canada an unlimited number of times during the period which it is valid, and stay in Canada much longer than is typically allowed on a visitor’s visa. Though this does not allow families to reunite on a permanent basis, it does allow them to reunite much more often, for extended periods of time. Throughout this article, I will explain what a super visa is, and how to apply for one.

What is a Super Visa?

A super visa essentially a multiple entry visa. Specifically, the super visa is a temporary resident visa which is granted for a 10 year period, and allows individuals to enter Canada as many times as they would like. During this time, the visa-holder can stay in Canada for a period of up to 2 years.

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Applying and Hiring Through the Global Talent Stream


What is the Global Talent Stream?

Are you an employer who needs to a hire an employee for a skilled position, but are having troubles finding one domestically? Have you refused to hire from overseas before due to the length of time and level of commitment this undertaking brings? If this is the case, there may be good news for you! Oftentimes, individuals don’t want to hire foreign nationals for temporary positions because there is a good chance it will take longer to have an application approved successfully, than the total amount of time the foreign worker will actually be employed with you. Many individuals discount hiring temporary foreign workers because it is not worth it. Though, with the introduction of the global talent stream (GTS) through the temporary foreign worker program, comes a solution to many of these problems. The GTS is a part of the temporary foreign worker program, so you are not exempt from the requirement of obtaining a positive LMIA, though, you will have the privilege of greatly decreased processing times, and will be able to hire a temporary foreign worker (TFW) in no time. Ultimately, the GTS is a program that provides innovative companies the ability to recruit highly specialized and skilled talent they need to expand and remain competitive, by giving them better access to the global labor market, by providing faster and more predictable application processing.

Who Can Hire Through the Global Talent Stream (GTS)?

The Global Talent Stream is available to two categories of employers. The first, category A employers: Firms in Canada that are referred to the Temporary Foreign Worker Program’s Global Talent Stream by an Employment and Social Development Canada (ESDC) Designated Referral Partner because they are innovative and can demonstrate a need to hire unique and specialized temporary foreign workers in order to scale-up and grow. A designated referral partner is simply a company who themselves, is identified on a list which gives them status to identify other companies as innovative companies which requires unique and special talent to have success in their work. On the other hand, there are category B employers: Those firms in Canada that need to hire foreign workers for highly skilled in-demand occupations found on ESDC’s Global Talent Occupations List where there is insufficient domestic labour supply. Please find ESDC’s Global Talent Occupations List below.

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FAQs for Express Entry


FAQ’s Express Entry

Express entry is one of the most attractive programs to try and achieve permanent residence through, as, it indicates in the name, this is a much quicker route to permanent residency than most, assuming you are an individual who receives an invitation to apply. That is the downside of the EE program; individuals who are not top prospects could have to submit an EE profile many years in a row, before they ever have the opportunity to immigrate to Canada. Nonetheless, the express entry program is a very unique program, and should not be overlooked. It provides both an incredible opportunity to a foreign national who wishes to immigrate to Canada, while, at the same time, it ensures highly skilled individuals are the ones with priority to enter Canada first, to help boost the Canadian economy. This is a selective process, but in the end, the better the Canadian economy, the more opportunity the government can to all foreign nationals to truly experience Canadian culture.

Q: If English is my first language, do I have to complete a language test for Express Entry?

A: This may seem strange… but yet, it is mandatory to obtain a language test for Express Entry even if you are a native English speaker. The point of this is to ensure the Canadian government treats all applicants completely equally. This is achieved by assessing all applicants for Express Entry using the same standards, regardless of their native language, ethnicity or nationality. 

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Apply for the Federal Skilled Worker Program With an Arranged Employment Offer


What is Federal Skilled Arranged Employment?

If you’re thinking of looking for work in Canada, you’re probably somewhat aware that most ways to apply for a work permit in Canada require you to have a job offer from an interested employer, before you can be granted a work permit. This is because many of the work permits foreign nationals have permission to work in Canada with are closed work permits. The Federal Skilled Arranged Employment program is one which helps Canadian employers hire qualified, skilled foreign nationals to help with their company in Canada. The workers that are hired are working for the employer who applied for an Labor Market Impact Assessment, and brought them to Canada. In other words, individuals working in Canada as the result of Federal skilled arranged employment are working on a closed work permit. So, if you’re a foreign national with skills the Canadian labor market would benefit from and you would like to work in Canada, keep reading to learn more about how the federal skilled arranged employment program works!

The Federal Skilled Worker Program

It is possible to hire a foreign national for a permanent position, and bring them to Canada as permanent residents because of the Federal Skilled Worker Program (FSWP). The Federal Skilled Worker Program is set out to help Canadian employers acquire skilled workers permanently, in areas which Canadian nationals are not filling all the positions which are in demand. Through this program, individuals can be recruited for positions which qualify as Skill Type 0 (managerial occupations) or Skill Level A (professional occupations) or Skill Level B (technical occupations and skilled trades) on the Canadian National Occupational Classification (NOC) list.

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Bring Your Innovative Business Idea to Canada


If I am a Foreign National, How do I Start a Business in Canada?

If you’re thinking about starting a business in Canada, you probably know that anyone who even wishes to work in Canada must have a work permit. This may lead you to understand, you’ll probably need some special documentation if you’re going to start a business in Canada. At the very least you’ll need a work permit, but what else? Canada truly is a land of opportunity. That is why this article will break down the process of starting a business in Canada to ensure you go about this exciting endeavor by following all the regulations set out by the Immigration and Refugees Protections Act (IRPA).

What is a Start-Up Visa?

A start-up visa is exactly what it sounds like; it is a visa which gives you permission to start-up a company. This visa was designed for entrepreneurs. The goal was to help those with creative minds come to Canada if they wish to help the Canadian economy grow. Technically, a start-up visa is not permanent status, though; it does give good, direct opportunity for individuals to become a permanent resident once they have one. Essentially, a start up visa is a method of business immigration. Nevertheless, a startup visa technically authorizes temporary stays.

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Outlining the Ways to Overcome Your Inadmissibility


How to Overcome Inadmissibility to Canada

There are a variety of situations which can occur, which leave you inadmissible to enter Canada. Unfortunately, it is not uncommon that individuals, who attempt to enter Canada, get denied entry at the border, and they did not even realize they were inadmissible to Canada in the first place. There are even situations where individuals were able to enter Canada in the past even though they were inadmissible, simply because they got lucky and the immigration officer at the border did not realize, and then one day they learn they are inadmissible to Canada for one reason or another and should never expect to get lucky and be able to enter Canada. This happens for a variety of reasons but surprisingly, it is very uncommon individuals are aware of all the reasons one could find themself inadmissible. For your convenience, follow this link to learn the various reasons you could earn the status of “inadmissible to Canada,” and avoid any unpleasant surprises at the border one day. If you think any of these reasons for being inadmissible could apply to you, keep reading to learn about the various procedures you may need to undertake, to rectify your status as inadmissible to Canada, and once again be permitted to enter the country.

Ways to get back into Canada

There are various ways individuals can choose to overcome their inadmissibility. Ultimately though, the route you chose to take is dependent on your circumstances to some degree. For example, if you are criminally inadmissible to Canada, you have the options of getting a temporary resident permit, or apply for criminal rehabilitation. Or, alternatively, if you are inadmissible to Canada as the result of a removal order, then you will require an authorization to return to Canada.

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Basics of the Express Entry Federal Economic Programs


Applying For Express Entry under the Available Federal Economic Programs

If you have valuable skills and experience working in Canada or abroad, which would be a valuable addition to the Canadian economy, you may have the chance to apply for express entry, under one of the available federal economic programs. There are specific requirements you must meet for each specific program, though, the 3 different programs available aim to provide foreign nationals the opportunity to apply for high skilled professional and managerial positions, as well as skilled trade positions, so, there is something for almost anyone who is a highly qualified worker. The 3 federal economic programs I speak of are the Canadian experience class, the Federal Skilled Workers Program (FSWP), and the Federal Skilled Trades Program (FSTP). As mentioned, they each have specific requirements to be eligible, though, they are each a very unique opportunity for highly qualified workers, regardless of the field their occupation is in. Keep reading this blog for a breakdown of the federal economic programs available through express entry.

How Does Express Entry Work?

Essentially, applicants create a profile if they are eligible for one of the three federal economic programs, and receive points for their language abilities, education level, previous work experience, whether or not they have a job offer, and several other factors. Using a point based system, otherwise known as a Comprehensive Ranking System (CRS) individuals are assessed to determine the value they bring to the Canadian working economy. Depending on these factors, you will be given a score, which represents your worth to Canadian employers. For example, under all programs, having post-secondary education will give you additional points, though; it is not always a requirement.

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Apply for a Post-Graduate Work Permit


Applying For a Post-Graduate Work Permit

Are you an international post-graduate student who has recently graduated from a Canadian designated learning institution (DLI)? If you are a foreign national who attended a Canadian college or university (DLI), you are likely considering what your next steps are. Perhaps you don’t want to return to your country of origin quite yet, because you would prefer to gain some work experience in Canada first. If this is the case for you, there is good news. The Canadian government recognizes many international students would love to continue to experience the Canadian workforce; after all, they just finished studying at a Canadian institution for quite some time. Therefore, they have given the post-graduate work permit program (PGWP), which specifically allows international post-graduate students who have finished studies in Canada, to apply for an open work permit. This blog aims to tell you all you need to know about applying for a PWGP, and what it means to have an open work permit in Canada.

What is an Open Work Permit?

Having an open work permit means an individual is permitted to work for any employer in Canada, who is not listed as an “ineligible employer.” On a PGWP the maximum length of time you will be permitted to work in Canada is 3 years, depending on your program of study. To be clear, the length of time your PGWP will be valid is dependent on how long your study program is. For example, if your program of study was 1 year long, you will only be granted a PGWP for 1 year. Furthermore, if your program of study was 4 years, you will be granted a 3 year PGWP, as this is the maximum length of time a PGWP can possibly be granted.

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Sponsor Your Common Law Partner


Do You Have A Common Law Partner?

Are you and your partner hoping to live together permanently in Canada someday? Have you and your partner already been living together for more than a year? If so, you may qualify as a common-law partnership. If you legally qualify as common-law partners, you may be eligible to apply for spousal sponsorship as common law partners, and achieve your dreams of living together permanently. Oftentimes, people believe that because they are not legally married, they do not have the option of applying for spousal sponsorship, however, this is not the case. As mentioned, if you meet the requirements of a legal common-law relationship, you may be eligible to sponsor your significant other, and help them achieve permanent residency. This article will help you understand the legal requirements of a common law relationship, and what you can expect the process of sponsoring a common-law partner to look like.

What Is a Legal Common Law Partnership?

To officially be considered to be in a common-law relationship, you and your partner must have been living together for at least one full year, and be engaged in a conjugal relationship. To be living together and have both you and your partners affairs taken care of together, is considered cohabitating. Cohabitation is the legal requirement of a common law relationship. You cannot claim legal common law status if you and your partner have lived together intermittently for periods of time which add up to one year. The key is that you have lived together continuously for a full year. If you must spend time living apart, it must be short and justified by the circumstances; such as a family or business obligation. The relationship between you and your partner must also meet the standards of a legal marriage. For example, your relationship must be monogamous, and both individuals must be over the age of 18. If you and your partner began living together before either of you turned 18, the one year period you must live together does not begin until you are both 18 years old.

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Important Information About Authorization To Return To Canada Applications


Do You Need an Authorization to Return to Canada?

Have you previously been ordered to leave Canada, and are now wondering what this means for your ability to visit the country again? Being ordered to leave Canada is one of the many reasons an individual may be considered inadmissible to the country, and ultimately not be allowed to enter the country. You will know that you have been ordered to leave Canada if you receive a removal order from Canadian immigration services. If this sounds like the circumstances you face, there is good news! Akrami and Associates has plenty of experience evaluating the unique circumstances individuals may face, and helping each one solve their issue of being inadmissible to the country. Keep reading to find out if you will likely need an authorization to return to Canada (ARC), before you are permitted to enter the country again.

What Is an Authorization to Return to Canada?

An authorization to return to Canada (ARC) is a document any individual who has received a removal order from Canadian immigration services most likely needs, though, there are exceptions. In other words, an ARC is needed for any individual who travels to Canada and fails to comply with the requirements set out in the Immigration and Refugee Protection Act (IRPA). One can fail to comply with the requirements set out in IRPA by staying longer than the standard 6 months individuals are allowed to stay, or longer than is permitted according to their visitor’s visa in their specific circumstance. One can also violate IRPA regulations by working or studying in Canada while they are not permitted to do so, for example. Violating the regulations set out in IRPA do not simply trigger your removal from Canada, it is most likely that following this occurrence, you will require an authorization to return to Canada before you are allowed to enter the country. To be clear, you are often considered inadmissible to Canada if you violate the regulations of the IRPA. An ARC overcomes your status as inadmissible if you are inadmissible as the result of a removal order.

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Overcoming Criminal Inadmissibility


What Is Criminal Inadmissibility?

Have you ever been convicted of a crime? Are you thinking about travelling to Canada? First, you may want to go over your situation to determine whether or not you are considered “criminally inadmissible.” Criminally inadmissible is a term used to describe any individual who has been convicted of an offence which would be considered a crime under the Canadian Criminal Code. In other words, if you would have been charged with a crime for doing the same things you did in your country of origin, while in Canada, you are criminally inadmissible to travel to Canada. There are a variety of reasons you may be considered criminally inadmissible. This includes anything considered an offence in the Canadian Criminal Code, such as being convicted of driving under the influence and dangerous driving, all the way to assault and manslaughter. If this sounds like the situation facing you, you’ll definitely want to carefully consider how your criminal record or any offences you have committed, will affect your admissibility to Canada.

Who Is Considered Criminally Inadmissible To Enter Canada?

As mentioned, anyone who would have been convicted of a criminal offence under the Criminal Code of Canada is criminally inadmissible to enter Canada. It is important to understand that you do not have to have a criminal record in your home country, to be considered criminally inadmissible to Canada. Even though it is usually the case that those who would have a criminal record in Canada also have a record in their country of origin, this is not always the case. One example could be if you are pardoned by the courts in your country of origin, and you effectively have no criminal record. Even if this is the case, if the Canadian courts would not have pardoned your actions, then Canadian border officials will still treat you as if you have a criminal record and you will be criminally inadmissible to enter Canada. A much more common example occurs with citizens of the United States. In the USA, driving under the influence (DUI) is not always pursued as a serious offence. At the same time, driving under the influence is not taken lightly by Canadian courts at all. This is an example of a case in which you may be led to believe your offense is minor and you should be able to enter Canada as a deemed rehabilitated citizen after a 5 year period, rather than a 10 year period. Though, under the Canadian Criminal Code, the offense may not be considered minor, and you may be treated as if you committed a serious offence. The important thing to understand is that your criminal record in your country of origin is not directly transferrable to Canada. Your criminal record from your country of origin is essentially translated to reflect what your record would look like in Canada.

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