Immigration Blog about US & Canadian Immigration matters.

Criminal Rehabilitation versus Temporary Resident Permit

Denied Entry to Canada for Criminal Record?

It is not easy to travelling to Canada with a past criminal record, you can be denied entry to Canada for criminal record that was over 40 years ago. If you have travel date in mind and not sure what steps you need to take to have successful entry into Canada then read our blog below. It will explain what steps you need to take to overcome your inadmissibility on temporary and permanent basis.

What is Criminal Rehabilitation?

Criminal Rehabilitation is a form of authorization to enter Canada issued for those who are not allowed to do so due to committing security or criminal offences outside of Canada which corresponds to serious offences in Canada and would bring about convictions if committed inside Canada. When a person applies for Criminal Rehabilitation he officially requests forgiveness for offences he committed in a foreign country. Once the application for Criminal Rehabilitation undergoes the process the result will be a permanent pardon; therefore, there would be no need to apply for TRP every time he/she wants to enter Canada and as long as the person does not re-offend

Canada Provincial Nominee Immigration Programs

Canada is a beautiful country with boundless opportunity for skilled workers. If you are skilled worker and like to immigrate to Canada for permanent residency options you may be eligible through the Provincial Nominee Program. In 2015, the government of Canada nominated approximately 110,000 economic immigrants and these individuals were selected through one of the PNP programs. If you like to immigrate to Canada for PR options then this blog is for you.

What is the Provincial Nominee Program?

The Provincial Nominee Program (PNP) is a fast way of obtaining Canadian permanent residence. The PNP allows Canadian provinces and territories to nominate individuals who wish to immigrate to Canada and who are interested in settling in a particular province.

Study Permit after Submission

Are you an international student with an acceptance letter from a college or university in Canada and have submitted your study permit application and wondering what the next steps are? This blog will discuss the following:

• status of your application after submission

Travelling to Canada as a Visitor

There are tens of millions of individuals who come from around the world every year and travel to Canada for a variety of reasons including work, school, or even for a visit with family. Depending on who is coming and where they are coming from in the world they may need to apply for a Visitor Visa or an Electronic Travel Authorization (eTA) before they are able to travel to the country. To clarify what steps you need to take as temporary visitor to Canada then continue reading our blog below.

Do I need a Visitor’s Visa or an eTA?

If a foreign national is looking to fly to Canada for travel they must first consider their country of citizenship, and ask themselves if they are from a visa exempt country or not. If they are from a country which is considered visa exempt such as Germany, Italy, Netherlands then they will not need a visitor’s visa, and will be able to travel to the country by simply applying for an eTA. If they are from a country which is considered to be a non-visa exempt such as Brazil, Afghanistan, Pakistan, India then they must apply for a visitor’s visa before they are able to travel to Canada. It is highly recommended to look into the requirements of visitor visa and eTA prior to booking your travel ticket. Last thing you want to do is book your flight and finding out that you dont meet the requirements to travel to Canada.

Denied Entry at Canadian Port of Entry

When travelling to Canada the immigration officer at the port entry has the right to refuse you entry based on the following grounds: past criminal convictions, health or financial problems, and security reasons. The immigration officer can simply deny you entry for a minor offence that was dated back over 30 years ago. These immigration officers are super cautious of who they will allow entry into Canada to ensure the safety of Canadian citizens.

So if you have major offence on record don’t even bother attempting at the port of entry without going in prepared or consulting with an immigration expert. For example, if you have a past assault or DUI charge and you have taken care of your inadmissibility in your country of citizenship but not in Canada then you will be refused entry as you have to take care of it on the Canadian side as well. Depending what is on your record, what you served for it and how long ago it was determines what type of application you need to apply for.

What is a Live-in Caregiver?

Live-in Caregivers are those who are qualified to care for the elderly, for young children and/or for people with disabilities in private homes. If you are foreign worker and have experience as live-in caregiver then working in Canada may be a great opportunity for you. Many parents are looking for live in caregiver but unfortunately not enough caregivers in Canada to assist families. The Live in Caregiver Program was designed to fill in the gap for elderly and child care as part of the temporary foreign worker program. Read our blog to determine your eligibility to work as live in caregiver in Canada.

Live in Caregiver Eligibility Criteria

Unfortunately, not everyone is able to become a Live-in Caregiver; there are a series of requirements necessary in order to be eligible to take part in the Live-in Caregiver Program.

Canada Study Permit Eligibility

Every year thousands of international students apply at college or universities in Canada to further their studies. Many internationals students choose to study in Canadian institutions because the fees for internationals students and cost of living are quite affordable when you compare it to other countries. Not only do these students get to study in Canada but it also gives them the opportunity gain Canadian work experience through off campus employment. As you are aware Canada is a multicultural country so you would never feel far from home.

Although Canada is very accepting of new immigrants, especially those who are looking to come to the country for work or school, there are still thousands of individuals denied every year for not submitting a strong application. Whether you are looking to work or complete your post-secondary education it very important understand what immigration Canada looks for when submitting a temporary application such as a Study Permit. There are many requirements one has to meet to be able to study in Canada and trying to tackle this on your own can be quite complicated. Read below to find out more about study permits for Canada.

Super Visa Application Refused?

Applied for super visa for your parents or grandparents and got denied? Keep reading to see if you made any mistakes or the immigration officer.

What is a Super Visa?

The super visa is a special visa drafted by the Canadian immigration specifically for parents and grandparents of Canadian citizens of permanent residents. A super visa is a temporary document that allows parents and grandparents to live in Canada for up to two years per every visit for ten years. In order to gain this visa you must meet certain criteria set forth by Canadian immigration.

Can I Work and Travel?

Do you wish to travel and gain Canadian work experience or are you a Canadian citizen and like to gain foreign work experience?? If this is the case the International Experience Canada (IEC) is for you!! This program offers great opportunity to gain work experience while you are travelling and exploring the great cities of Canada and other foreign cities. Working abroad in a foreign country gives you the opportunity to learn about different cultures, languages and meet people from all walks of life. It is a great way to broaden your horizon and learn new things about the world we live in. Individuals that have international experience are less likely to be unemployed because they have attained great skills to apply to their daily lives. Depending where you want to travel you can choose from one of the follow categories: Working Holiday, Young Professionals or International Co-op (internship). Working Holiday is a great option for persons that want to travel and see the world but at the same time make some money. If you to gain new skills such as how to do business abroad, experience learning a new language, work in diverse groups then the Young Professional category is for you. If you are currently in school and like to gain work experience in your field of study and complete your co-op or internship abroad then International Co-op (Internship).

International Experience Canada Eligibility

To determine if you are eligible for the International Experience Canada to follow the following steps:

Travelling to Canada as a Visitor

Heard of the beautiful Canadian tourist attraction? Would like to visit Canada on your next vacation? You may or may not need a Temporary Resident Visa (TRV) in order to enter Canada as a visitor/tourist. Let’s see if you qualify for one.

Who needs to apply for a Temporary Resident Visa?

Not all foreign nationals need to apply for a Temporary Resident Visa when traveling through Canada or visiting Canada. Your eligibility depends on your citizenship, for examples, citizens of United States do not need a visa to enter Canada. Citizens of Afghanistan do need a visa to enter Canada and citizens of Croatia need to apply for an Electronic Travel Authorization (eTA) to enter Canada. What kind of authorization you need can also depend on your personal situation. For example, if you are an American citizen with a criminal record, you do not need a Temporary Resident Visa but you may need a Temporary Resident Permit which is a much longer process and we have many blogs written on it on our website.

Who is a Business Visitor?

To be considered a Business Visitor to Canada you need to be only engaging in international activities without directly entering the Canadian labour market. So these are individuals that come to attend business meetings, conferences, lectures, come for training in the Canadian parent company, come to train staff in the Canadian branch, buy Canadian goods or service, give after sales service or they come to be trained by the Canadian company for a product or service they purchased. To demonstrate your bona fida Business Visitor it would help to include a Business Invitation Letter from the employer in Canada.

Business Invitation Letter

Business Visitors do not require a work permit and therefore having an invitation letter from the person that is inviting you is highly recommended. The Business Invitation Letter should include the following information:

Hiring Temporary Foreign Worker to Canada

Would like to hire a Temporary Foreign Worker in your company but don’t know which route to take? There are many things that employers must determine before attempting to hire a temporary foreign worker. One of those things is the wage you will be paying this temporary foreign worker. For the purposes of this blog I will be talking about the low-wage positions. Let’s take a look at how the wages are determined for low paying jobs.

What to Consider when Hiring Temporary Foreign Worker to Canada

If you wish to hire a temporary foreign worker in your company, you must first determine whether you have a need for a foreign worker or not. Firstly, you have to determine whether or not this position can be taken on by a Canadian citizen or permanent resident. There are many ways of doing this as previously explained in the blogs section of our websites. If and when you establish that you have not found anyone in Canada that would carry out the position you are hiring for after doing extensive research, you may be allowed to hire a temporary foreign worker. This has to be determined by applying for a Labour Market Impact Assessment (LMIA) through the Employment and Social Development Canada and Service Canada. However, determination of labour shortage may not allow you to bring your foreign worker into Canada. You must apply for a work permit given that you receive a positive labour market impact assessment.

Hiring Foreign Worker to Canada

Want to hire a temporary foreign worker but don’t know where to start? There are many steps involved in the process of hiring a foreign worker; for example, the process of applying for a positive Labour Market Impact Assessment (LMIA). There are certain steps that employers need to take even before they start their LMIA application process. Let’s examine what you need to do before you can even be eligible to apply for an LMIA.

What is a Labour Market Impact Assessment?

A Labour Market Impact Assessment (LMIA), formerly known as a Labour Market Opinion (LMO) is a document that employers have to apply for and it is processed by Employment and Social Development Canada (ESDC) and Service Canada. In other words, this document is the proof that Canada lacks the kind of skilled work or labour that you as an employer might be looking for. A positive LMIA document will enable employers to hire temporary foreign workers as it enables individuals to apply for work permits. Having a positive LMIA does not guarantee an approved work permit which is a separate procedure that should be conducted on its own.

Open Spousal Work Permit

Have you applied for a Spousal Sponsorship and your spouse is in Canada without a job? Would you like to work and be able to support your family? You can now apply for an Open Spousal Work Permit and support yourself and your family while you wait for the results of your spousal sponsorship application.

What is a Spousal Sponsorship?

Spousal Sponsorship is an application submitted by individuals who would like to invite their spouse, common-law partner or conjugal partners to Canada for permanent residency. The person applying for their spouse must be a Canadian citizen or permanent resident and must be 18 years of age or older. In some cases the applicant lives in Canada with their spouse and while they are waiting for the processing of their spousal application, they might be able to work and support themselves in Canada.

Hire a Temporary Foreign Worker in a High Wage Position

Cannot find suitable employees for the position you are hiring within Canada? Would like to hire a Temporary Foreign Worker in your company? There are many things that employers must determine before attempting to hire a temporary foreign worker. One of those things is the wage you will be paying this temporary foreign worker. Let's take a look at how the wages are determined.

Canadians who wish to hire a temporary foreign worker must first establish a shortage of the labour or skill that they are looking for in Canada. There are many ways of doing so that I have discussed in other Labour Market Impact Assessment (LMIA) related blogs. Once the shortage has been established, the employer gets the green signal to apply for a labour market impact assessment or an LMIA formerly known as a Labour Market Opinion (LMO). Apart from showing a shortage of skill within Canada, the LMIA application must prove the arrival of the foreign worker will have a positive or neutral effect on the Canadian market. One of the most important aspects of hiring a temporary foreign worker is to establish that you, as the employer, will adhere to federal and provincial standards of labour law and pay them with prevailing wages and benefits.

What Documents do I need to Sponsor a Spouse or Common Law partner to Canada

When submitting a sponsorship application whether it is for a spouse, common law or conjugal partner there are important documents you need to include as the sponsor and the principal applicant. These documents play an important role and if you do not provide these documents or make minor errors you can expect delays or potentially a refusal in your application.

Documents needed by the Sponsor

1. Options C printout (original) from Canada revenue agency. The options C printout is like your notice of assessment it shows your net income, what you have received from your previous tax year etc. The Option C print out has to be original and not a photocopy or else your application will be returned. So if you have not filed your taxes as the sponsor then the first step includes filing your taxes. Once you have done all that you can call CRA and ask for your original option C printout from the previous year.

Study Permit

Have you applied for college or university in Canada and have obtained the acceptance letter from the institution? If you have you are one step closer to obtaining your Study Permit for Canada. In order to study in Canada, you must obtain a Study Permit. Now with this type of permit you are able to be in Canada and study. Depending on your country of citizenship you may also require a Visitor Visa to Canada also known as Temporary Resident Visa (TRV) . TRV is required for persons that come from non-visa exempt countries such India, Pakistan, Brazil, Uganda and many more. Upon meeting requirements for TRV you get a stamp on your passport that confirms you have met all the requirements as visitor. Now that you have your Student Visa and your Temporary Resident Visa (if applicable) you are able to attend the school/ educational institution that you were accepted to.

Can I go on Vacation while on Study Permit?

Let’s just say that you came to Canada for school, and now you want to travel back home for the holidays, you will need to look at the terms of your visa to see if you are able to travel with that kind of visa. Generally visas are for just coming to the country with a onetime entry, but sometimes however it is possible to get multiple entry visas, meaning you can travel back and forth to other countries while still being considered a temporary resident in Canada.

Employer Looking to Hire Foreign Worker to Canada

Thinking of hiring a temporary foreign worker to Canada? Tired of recruiting without success in Canada? Obtaining a Positive LMIA from Service Canada is not an easy process, especially if you do not have experience in submitting immigration applications. Here are a few important aspects/steps of hiring a foreign temporary worker in Canada.

Are you Eligible to Hire a Foreign Worker to Canada?

Employers can hire foreign workers through the Temporary Foreign Worker Program (TFWP). The TFWP is specifically designed to combat and fill temporary labour and skill shortages in Canada. However, before you start browsing resumes and conducting interviews, make sure you are eligible to hire a temporary foreign worker in the capacity of a caregiver first. One of the most important aspects of eligibility comes from attempting to recruit a Canadian citizen, permanent resident or a foreign worker already in Canada for the position of caregiver. Once all recruitment efforts of finding an employee within Canada have been exhausted, then you can proceed to apply for a Labour Market Impact Assessment.

What is the National Occupation Code?

The National Occupation Classification also known as the NOC is a system used by the Government of Canada that classifies occupations (jobs). The National Occupation Classification pretty much describes the type of work performed by Canadians in the labour market. These occupations are grouped based on work the performed which are determined by the task, duties and responsibility within the occupation. This information gives employers, job seekers, statisticians, labour market analysts, career counselors to collect information to better understand the nature of work and what type of experience is needed to apply for a program. The NOC tool has a four digit code that helps you classify the occupation based on skill type and skill level. These NOC digits give you important information about the occupation it represents. For example, 3113 Dentist- the “31” tells you that this is a health occupation and it requires university level education.

National Occupational Classification 2016 Update

The National Occupational Classification (NOC) has been updated to help employers and job seekers find the proper NOC without spending too much time and then ending up selecting the incorrect NOC. The NOC 2016 has enlisted new job titles and has simplified the content of the unit groups. Some unit groups have their descriptions and job titles updated, terminology has made changed to reflect the current usage of terminology in occupations. The structure of the NOC remains the same, meaning no major groups or minor have been added or removed or combined. You may find in some groups that their names of been changed or the content is updated. NOC 2016 is based on Skill Type and Skill Level just like NOC 2011.

Hiring a Foreign Worker to Canada

As an employer looking to hire foreign workers, you may be dealing with a pile of paperwork. In order to bring the foreign worker to Canada, there are various documents and application forms you will need to provide. Prior to completing the paperwork, however, you will need to decide which program and stream your worker qualifies under. There are two streams in which you could apply: either the Low-wage Positions stream or the High-wage Positions stream.

Low-wage and High-wage Stream Differences

Deciding which stream your worker qualifies for requires analyzing the median hourly wages they will be paid, based on province or territory. A list of the median wages by province or territory is available on Employment and Social Development Canada (ESDC). Ensure that you are reviewing the most updated information, as the wages are consistently being updated to match the fluctuating medians. If your worker will be paid below the median hourly wage in your province, then he/she will apply through the Stream for Low-wage Positions. If he/she will be paid equal to or greater than the median hourly wage for your province, then he/she will apply through the Stream for High-wage Positions.