Immigration Blog about US & Canadian Immigration matters.

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.

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.

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.

Coming to Canada with an Agenda?

Have you been considering coming to Canada for a business trip. Or, more likely, you have a plan in mind to come to Canada in the near future, and you’re not sure whether the activities you’re coming to Canada for, qualify was a “business endeavor” or “working.” Sometimes, it is very difficult to know the difference between activities and something that seems like a simple visit, even if you’re going to take care of a couple of things you had planned on doing while you’re here. Though, it is important to know that the Canadian government considers anyone who enters Canada with the intention participating in business-like activities, a business visitor.

How Can I Work in Canada?

Have you always wished of travelling to Canada for longer than a typical very short vacation, but need to work while you’re here to continue to support yourself? This is not an uncommon situation for individuals who seek entry to Canada, especially because oftentimes individuals have to come to Canada to take care of a sick family member, or to spend more time living with close relatives. In these situations, it is tough to stop working and lose your income for the entire period you’re going to be out of your country of origin for other commitments, and no one likes to be without an income. So, being able to work while you are in Canada is a huge benefit. At the same time, it is often the case the people have a hard time finding work in their country of origin, and can have more success applying to work in Canada as a temporary foreign worker for pre-determined periods of time. If these circumstances sound like the situation you’re facing, it is likely you would want to apply for a Canadian work permit, so that you can work while you are in Canada. This article will aim to help you better understand the various work permits which are available to you.

Am I Eligible to Apply for a Canadian Work Permit?

First, you will need to ensure you are eligible to apply for a Canadian work permit. Most importantly, this means you must not be inadmissible to Canada for any reason. In addition to this, you must also meet all other general requirements of an individual requesting permission to work in Canada. This includes proving to an immigration officer you intend to leave when your permit expires, you must be in a position to support yourself financially and you may have to prove you are in good health, and will not place excessive demand on Canadian social services. Then, depending on the type of work permit you intend to apply for, you will also need to meet all the specific requirements for the work permit you’ve applied for.

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.

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.

What is a visitor’s Visa?

Are you considering a trip to Canada in the future? Are you wondering what you might need to prepare for the big day to make sure you’re not denied entry at the border? This can be a very stressful process, we know. There are a lot of things to consider to be sure you have all the right documents when you arrive at the border, and this means preparing well in advance. Many citizens who seek entry into Canada come from a non-visa exempt country, which means they’ll need to apply for a visitor’s visa, also known as a temporary resident visa, before they will be permitted to enter Canada. Knowing you need a visitor’s visa is the first step towards success, though, the process of applying for a visa can very nerve-wracking. Because you need to have a valid visitor’s visa before you arrive at the border, you will need to start preparing well in advance to ensure your application is processed and approved on time for your preferred travel date. Therefore, this article will aim to help you understand the process of applying for a visitor’s visa, and explain what a visitor’s visa can allow you to do during your stay in Canada.

Who Needs A Visitor’s Visa?

If you are travelling from a non-visa exempt country, you will need to apply for a visitor’s visa before you arrive at the Canadian border. It is important to understand you cannot apply for a visitor’s visa at the border; you must be able to show an approved visitor’s visa to Canadian immigration officers when you arrive at the border. If you are travelling from a visa-exempt country, you do not need a visitor’s visa to be permitted to enter Canada. Though, it is usually the case that individuals from visa-exempt countries, still require an approved electronic travel authorization (eTA) to be permitted to enter the country.

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.

Qualify as an Intra-Company Transferee 

Are you currently employed by an overseas multi-national company? Are you interested in working in Canada? Does the multi-national company have a location in Canada? If so, you may be able to apply for a work permit through an Intra-Company Transfer. Any foreign national that would like to work in Canada must first apply for a work permit in order to legally work. Additionally, in this specific circumstance, you must also work for an overseas multi-national company that has a location in Canada. In order to apply for this type of work permit, there are specific qualifications that you must meet. Therefore, in this article, I will address how to qualify for an intra-company transferee work permit and other important information to consider if you are applying for this type of work permit.

How to Qualify for an Intra-Company Transferee Work Permit

Much like any other immigration application, in order to qualify and apply for an Intra-Company Transferee Work Permit, you must ensure that you meet the required qualifications. Therefore, as a foreign national, in order to qualify for an Intra-Company Transferee Work Permit, you must:

Questions and Answers for Tourist Visas

In this article, I will address popular questions and answers for Tourist Visas. This is intended for foreign nationals that would like to visit Canada for tourism purposes to better understand what can ensue when you are in the process of applying for a Tourist Visa to Canada. If you feel as though you would be eligible to apply for a Tourist Visa, then I suggest you read our article on “Who Needs a Visitor Visa to Come to Canada” prior to reading this question and answer article. Essentially, this article is intended to clarify and answer your questions regarding any immigration matters regarding Tourist Visas.

Q: What kind of visa should I apply for if I would like to visit Canada for tourism purposes?

A: If you would like to come to Canada for tourism purposes, it is best to apply for either a Visitor Visa, also known as a Temporary Resident Visa, or an Electronic Travel Authorization (eTA). Whether you apply for a Visitor Visa or an eTA will ultimately depend on whether you are applying from a visa-exempt country or a non-visa exempt country. Once this is determined, you may proceed to apply for the appropriate application. Keep in mind, you must first receive your eTA, or your Visitor Visa, prior to travelling to Canada.

The Process of Applying for an Open-Work Permit

Many foreign nationals would love the opportunity to work in Canada. In many circumstances, this is only possible if you have a valid job offer from a Canadian employer. However, it is also possible for a foreign national to obtain a work permit that is open. This is called the open-work permit. In these circumstances, the foreign national would have much more freedom than in a closed-work permit. Therefore, in this article, I will address what an open-work permit is, how it works and how to apply for an open-work permit.

What is an Open-Work Permit

An open-work permit is a type of work permit in Canada that is not job-specific. Due to this work permit not being job-specific, the foreign national applying for this kind of work permit will not need a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada/Service Canada or any evidence that a Canadian employer has submitted an employment offer through the Employer portal. In other words, these work permits are one of the Labour Market Impact Assessment (LMIA) exemptions. Therefore, an open-work permit allows the foreign national to work for any Canadian employer, anywhere in Canada.

What are the Eligibility Requirements for Express Entry

In Canada, the Express Entry immigration program has become, one of, if not the most popular immigration program for foreign nationals to obtain permanent residency in Canada. Many foreign nationals are curious as to whether they are eligible to apply under this category and what exactly is required of them if they were to apply. Immigration applications can be overwhelming for individuals who are not familiar with applying; therefore, it is best to recognize and understand the eligibility requirements prior to applying. The Express Entry immigration system process has two steps that a foreign national must take in order to successfully complete the application process. Therefore, in this article, I will explain the eligibility requirements for Express Entry as well other important information one should know before applying under this economic immigration program.

Express Entry

The Express Entry immigration system was initiated and created by Immigration Canada to assist with managing applications for permanent residency in Canada under specific federal economic immigration programs. Furthermore, the program is intended to help foreign nationals to immigrate to Canada based on specific criteria that would, thus, be beneficial and helpful for the Canadian labour market and the economy. Thankfully, the Express Entry immigration system has been a substantial upgrade compared to the traditional Canadian immigration process from the past. As a result, it essentially assists with the processing times for applications.

Questions and Answers for Permanent Resident Cards

In this article, I will address popular questions and answers that many individuals have for permanent resident cards. There are several different circumstances that can arise for permanent resident card holders and, thus, there are many questions that they have. Additionally, this article will also assist you in understanding what a permanent resident card entails. A permanent resident card is a wallet-sized official document that all permanent residents must have to confirm their status in Canada. It was created to include identifying details about the permanent resident and to confirm their permanent residency status. This article is intended to clarify any misunderstanding or confusion with regards to permanent resident cards.

Q: How can I obtain a permanent resident card in Canada?

A: In order to obtain a permanent resident card in Canada, you must first apply for the permanent resident (PR) card and meet the eligibility requirements. The eligibility requirements for a permanent resident (PR) card is, first and foremost, that you must be a permanent resident of Canada and have authorized status in Canada. Additionally, you must also submit your permanent resident card application within Canada. Keep in mind, if you are a permanent resident that currently resides outside of Canada, you must apply for a permanent resident travel document to return to Canada and then you can apply for the permanent resident card.

Arranged Employment for a Federal Skilled Worker Immigrating to Canada

Any Canadian employer that would like to hire a foreign skilled worker through the Express Entry selection system can support the applicant in their permanent residency application through either the Federal Skilled Worker Program or the Federal Skilled Trades Program. Through both of these federal economic immigration programs, there are different eligibility requirements; however, when it comes to arranged employment, they are relatively the same. Therefore, in order to better understand what it required of you if you have arranged employment in Canada, in this article, I will explain the process of obtaining arranged employment in Canada.

What is Arranged Employment

According to Citizenship and Immigration Canada (CIC), arranged employment is defined as having a valid job offer from a Canadian employer in either a National Occupational Classification (NOC) code 0, A or B job for a continuous period of a year or more. Keep in mind, in some cases, the valid job offer must be reviewed and approved by Employment and Social Development Canada/Service Canada prior to the foreign national becoming employed.

Questions and Answers for Study Permits

In this article, I will address popular questions and answers for study permits in Canada, as there are several different circumstances that can arise for students. Additionally, this will also assist you in understanding what a study permit entails. A study permit is an official document intended for foreign nationals to permit them entry into Canada to pursue an education. It was created to give foreign nationals an opportunity to further their higher education and future careers through a recognized Canadian educational institution. If you feel as though you would be eligible to apply for a study permit, I suggest you read our article on “How to Apply for a Study Permit” before reading this question and answer article. This article is intended to clarify any misunderstanding or confusion with regards to study permits in Canada.

Q: I would like to pursue studies for less than six months in Canada. Am I required to obtain a study permit?

A: No, you are not required to obtain a study permit in Canada if you are planning on studying for less than six months. In other words, you do not have to obtain a study permit and you can study in Canada so long as your program or course is less than six months and you will complete the program or course within the authorized stay period in Canada. Keep in mind, even if you are studying for less than six months, it is best to apply for a study permit, in case you are unable to complete the intended course or program or if you choose to want to study longer.

Immigration, Refugees and Citizenship Canada to Reopen Program for January 2018

Thankfully for many parents and grandparents of Canadian citizens and permanent residents of Canada, the parent and grandparent program will reopen on January 2 of 2018. Immigration, Refugees and Citizenship Canada has finally made the decision to reopen the program due to popular demand and the “Interest to Sponsor” online form will become available at 12 p.m. EST on January 2. For those Canadian citizens and permanent residents that wish to sponsor their parents or grandparents to Canada, they must fill out this form. The online form will only be available until February 1 of 2018 at 12:00 p.m. EST. Therefore, in this article, I will address the recent news with regards to the parents and grandparents program reopening at the beginning of January of 2018.

Steps on How to Apply for a Study Permit in Canada

There are many individuals from all over the globe that would love the opportunity to travel to Canada to study and experience the Canadian way of life. However, many of these individuals do not realize the requirements needed in order to study in Canada. First and foremost, you must obtain a study permit in order to study in Canada for over 6 months. In order to better prepare yourself for what to expect when applying for a study permit, in this article I will explain in detail the eligibility requirements for a study permit and how to apply for a study permit in order to study in Canada.

What is a Study Permit

As per the Citizenship and Immigration Canada (CIC) definition, a study permit is an official document issued by CIC that authorizes foreign national students to study at a recognized educational institution in Canada for the duration of the intended program of study. Furthermore, it indicates the conditions for each student including whether their travel in Canada is restricted and/or when they must leave Canada.

Majority of Ontario Immigrant Nominees are Software Engineers and Designers

There has been a recent report that has concluded that Ontario’s Immigrant Nominee Program (OINP) shows software engineers and designers as the leading occupations among nominees in the year of 2017. Interestingly enough, the majority of these nominees come from India and China. This update was produced by Ontario’s Ministry of Citizenship and Immigration who ultimately provides any information pertaining to Ontario’s Immigrant Nominee Program as well as any other significant information on Ontario’s immigration strategy. Therefore, in this article, I will address the report and other pertinent information regarding Ontario’s Immigrant Nominee Program.

The Ontario Immigrant Nominee Program

The Ontario Immigrant Nominee Program was established and intended to allow the province of Ontario to nominate skilled foreign nationals, including their families, for permanent residency in Canada. Under this program, the potential foreign nationals must have a connection with the province of Ontario. The specific foreign nationals that are targeted through the OINP program include skilled workers, entrepreneurs as well as international students. Ontario employers are also permitted to participate in this program by supporting their efforts to attract and obtain skilled workers to work for them in Ontario.

FAQ – Saskatchewan Immigrant Nominee Program

In this article, I will address a few popular questions and answers for the Saskatchewan Immigrant Nominee Program (SINP) in Canada and some important information to consider if you are applying under this program for permanent residency in Canada. The Saskatchewan Immigrant Nominee Program is an economic immigration program that assists the province of Saskatchewan to meet its labour market needs. If you feel as though you would be eligible to apply under this program, I suggest you read our article on “Basics of the Saskatchewan Immigrant Nominee Program” before reading this question and answer article. The intention of this article is meant to clarify any misunderstanding or confusion with regards to the Saskatchewan Immigrant Nominee Program in Canada.

Q: What is the Saskatchewan Immigrant Nominee Program (SINP)?

A: The Saskatchewan Immigrant Nominee Program (SINP) is a program that assists and permits foreign nationals to be nominated by the province of Saskatchewan in order to fill any provincial economic and labour market needs. This program also facilitates the province of Saskatchewan to nominate foreign nationals with the required skilled work experience and who also qualify under the provincially established criteria to work in Saskatchewan and obtain permanent residency.