Immigration Blog about US & Canadian Immigration matters.

Express Entry

You must have heard about the Express Entry but you do not know what the program is all about and what category of visas it involves. In this blog we will discuss various aspects of Express Entry and general questions that are asked by clients about this program. There are certain criteria that have to be met to be considered eligible for this program. First we have to understand what the purpose of Canadian government is by implementing such a program. Express Entry program is a new system by Canadian immigration to select candidates for skilled jobs and immigrate to Canada for Permanent Residency. It is an electronic process that involves the federal and provincial governments of Canada as well as the Canadian employers to serve their needs and choose potential skilled workers that they find suitable from outside of Canada.

What Increases your Chance in Express Entry?

What increases your chance is dependent on what category you apply under or fit for. There are three different categories when it comes to Express Entry.

Who needs LMIA?

Are you a foreign worker with an interest in working in Canada? If so have you looked into the requirements? Most jobs will need a Labour Market Impact Assessment (LMIA). Depending on the type of employment you are seeking you may or may not need a LMIA.

What is a LMIA? And what is the process of getting one?

Labour Market Impact Assessment also known as LMIA is a document that an employer would have to apply for before hiring a foreign worker. The employer will first send an application to Employment and Social Development Canada (ESDC). The employer has to show that no other Canadian can do the job he is offering and hence he has to look for foreign workers outside Canada to satisfy the job duties. The ESDC will weigh several factors in evaluating the effect on the Canadian Labour Market. The factors such as wages, working conditions, whether a Canadian citizen or permanent resident is able to do this work as well as the worker’s skills and knowledge would be considered and the effect it would have on the Canadian market for example to create more jobs. A Positive LMIA would mean it is essential to employ a foreign worker to fill the position and may be regarded as a confirmation letter.

Permanent Residency Through Federal Skilled Trades Class (FSTC)

The Federal Skilled Trades Class allows persons with the appropriate jobs and/or occupations that meet the eligibility criteria to immigrate to Canada through the Express Entry selection program. The program allows individuals in such jobs and/or occupations to obtain Permanent Residency in any province in Canada except for Quebec. If you are a Canadian employer, you can help improve a potential candidate’s chance by offering a qualifying job offer through arranged employment and with the appropriate documents such as a Labour Market Impact Assessment (LMIA).

Federal Skilled Trades Program Selection Criteria

To be eligible for the Federal Skilled Trades Program, applicants must qualify for the following:

What is Federal Skilled Worker (FSW)

The Federal Skilled Worker program assists foreign workers to immigrate to Canada for Permanent Residency based on their work experience, education, knowledge of English/French and other skills. Since January 1, 2015 foreign workers that are interested in the Federal Skilled Worker Program need to apply through the Express Entry System. If you have submitted an application under the FSW prior to January 1, 2015 then you application will be reviewed under the previous system. Once you complete your Express Entry Profile, Citizenship and Immigration Canada (CIC) will send you an Invitation to Apply (ITA) based on the information you have provided.

Who can apply for Federal Skilled Worker Program?

To be able to apply under the Federal Skilled Worker Program the first step is having a job offer with an employer in Canada. Without job offer you cannot apply under this category. Also, you need show that you have sufficient money to support yourself and family members even if they are not coming with you. The amount of money you need to show depends on your size of family, CIC updates this every year. Please refer to CIC website and look up the latest financial requirements. If you have Arranged Employment in Canada and currently working or authorized to work in Canada then you do not need to show funds.

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:

What is a Super Visa?

A Super Visa is an application process where you, as a child of the primary applicant, can apply for your parents or grand-parents to come and visit you in Canada. Your parents and grand-parents will be the primary applicants; they do not hold Permanent Residency in Canada and are not Canadian citizens, rather they are nationals of foreign countries and will thus require a visa to enter and/or stay in Canada.

What are the basic Eligibility requirements for a Super Visa?

To be eligible to apply for the Super Visa, the primary applicant (the parent or the grand parent), must meet the following basic requirements:

International Experience Canada Program

The International Experience Program Canada enables foreign national students to travel, work and study in Canada. The program also enables students in Canada and the Canadian youth to travel, work, and study abroad. The IEC program allows foreign national youth with the chance to travel and work in Canada.

Eligibility Requirements for International Experience Canada

To participate in the IEC program:

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.

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.

Cant get together with your Partner you may Sponsor under Conjugal Sponsorship

Are you interested in sponsoring your Conjugal Partner to Canada? Canadians truly value family life. As such, Canadian immigration has strong intentions to help unite families together. Thus, they have included many means of sponsoring your significant other, including conjugal partners, to Canada. However, as with all immigration matters there is always the priority of keeping Canadian citizens safe. Thus, there is a set procedure you will need to follow when sponsoring your conjugal partner to Canada.

What is a Conjugal Partner?

In order to sponsor your conjugal partner, you would be doing so through what is known as the Family Class. This category of sponsorship deals with immigration matters relating to the sponsorship of someone that has a strong familial relationship with you. According to Citizenship and Immigration Canada, a conjugal partner is officially defined as someone that has been in a genuine relationship with you for at least one year. This relationship would require a large amount of attachment between you two, as well as both a physical relationship and a mutually interdependent relationship. However, marriage or cohabitation would not have occurred due to certain barriers. These barriers can include religion or sexual orientation, etc.

Super Visa Applications

A Super Visa is a Temporary Resident Permit issued to parents and grandparents of Canadian citizens and permanent residents of Canada. The super visa allows parents and/or grandparents to enter the Canada and stray for up to 2 years per visit and is valid for a period of 10 years. A Multiple Entry Visit, on the other hand, 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 authorised period.

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

• You must be the parent or grandparent of a Canadian citizen or a permanent resident

How can I remain in Canada?

Have you been living in Canada without status, running away from a tortuous threat due to your sexual orientation? Have you fled your country for fear of a political threat? Would you face death or undue hard ship if you were deported back to your country of origin? Do you belong to a particular sect or religion that has caused you to be persecuted? Do you have a child under 18 years who is schooling and raised in the Canadian lifestyle but has no status in Canada? If you are facing any of these issues you may be eligible for a Humanitarian and Compassionate (H&C) Application for Permanent Residency to Canada. Read our blog below for how you can qualify for this application.

Permanent Residence with H&C grounds

H&C stands for Humanitarian and Compassionate grounds and is found under section 25 of the Immigration and Refugee Protection Act (IRPA) that allows Citizenship and Immigration Canada to grant permanent residence status to foreign nationals who have been rejected due to various reasons.

Parent and Grandparent Sponsorship

People have various reasons to sponsor their Parents and Grandparents to Canada. Some people sponsor because they want family reunification while others sponsor so they can ease off the family burden they have on their shoulder. Some people also sponsor for cultural reasons just so their parents or grandparents can raise their kids with the same cultural values that were given to them while they grew up. Whatever the reason might be, the Canadian system of immigration allows you to sponsor your parent and grandparents. Everybody wants their loved ones to stay close to them, especially when it comes to their parents or grandparents. No relationship gives you more strength and support to your family as your parents or grandparents do. Canadian system of immigration helps people reunite as a family.

In this blog we will discuss what is needed to sponsor your Parent or Grandparent to Canada. What documents you can rely on and what information is needed to have a successful case to get approval. Before the success of your application it is important to talk about who is eligible to sponsor and what are the requirements for it.

What is a Visitor’s Visa?

Formally known as a Temporary Resident Visa (TRV) is a document issued by the Case Processing Centre – Ottawa (CPC-O) to persons wishing to enter Canada such as visitors (tourists), students, and workers; the document is stamped into the individual’s respective passport and entitles the bearer entry into Canada and stay for the duration as allotted in the TRV (the number of entries into the country might be limited depending on the passport). Persons of different nationalities will require different documents to enter Canada such as an eTA or visitor’s visa.

Who needs eTA and who needs a Visitor Visa?

Persons of different nationalities are required to present different documents in order to enter Canada. Citizens of the United States are exempt from applying for an eTA or a visitor’s visa or even bringing a passport to the border crossing – though it is highly recommended you do so as to facilitate a streamlined and hassle free movement. Citizens of most other nationalities that are Green Card holders of the United States only require an eTA to enter Canada; however, citizens of most other nationalities that are not Green Card Holder of the United States do require a visa to enter Canada. British citizens also require an eTA to enter Canada, with the exception of Queen Elizabeth II.

Business Visitor Letter

It’s very common these days to know about Visitor Visa to Canada for tourism, meeting family members and so on. But a lot of people are not aware of business category of visit visa to Canada. Some people ask questions about coming to Canada as a visitor. However, they do not know what is required of them to come to Canada as a Business Visitor. This blog will cover what is needed to apply for Business Visitor Visa and also we will discuss how to draft a Letter of Invitation to invite someone to visit Canada as a business visitor. It is important to know the first step to apply for Business Visitor Visa as it is the first and foremost essential element of your application process for this visa category.

Who is a Business Visitor?

First we need to know who is a Business Visitor or could be considered a Business Visitor to Canada. People who are potential investors or business partners are considered in this category as Business Visitors. If you want to come to Canada for any other reason apart from business purpose, you could apply under Visitor Visa category and explain your reasons for visiting Canada. Business Visitor Visa is an application that specifically explains the business endeavors of an individual and how it could be a benefit to Canada if the individual visits Canada and decides to spend time and money if everything works out. A Business Visitor is an individual who comes to Canada to solely engage themselves in international business activities without having to apply directly to the Canadian labour market. A good example could be an individual coming to Canada to meet up with people from companies doing business with his or her company back home is considered a business visitor. Visitors come to Canada normally to observe site visits at the same time another reason a Canadian company could invite them over to Canada is for training in product use, also because of sales or other functions relating to a business transaction. Business Visitors must demonstrate that the main source of income and place of business for them are outside Canada.

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.

What is the Provincial Nominee Program?

Provincial Nominee Program is designed specifically for individuals who want to reside in a particular province in Canada based on their skills as a professional, education and experience. The provinces in Canada have signed an agreement with the federal government to pick and choose the employee based on the economic needs of the province. So this program is province in which you are not selected by the federal government based on your credentials but rather you are selected based on the province’s requirements as a candidate. Candidates are given points for having education, experience, job, relatives in Canada, age etc. If you qualify based on the point’s criteria, you get selected. After you are selected you will be invited to apply for permanent residence in Canada under the program. We will discuss further in this blog how a person can apply and what factors will help them get points and get invitation to apply for permanent residence. Express Entry has four different programs and one of which is Provincial Nominee Program. This program is similar to other programs but there are different requirements for approval. Depending on the province you reside and want to live in, you will have to comply with the requirements of that specific province.

Provincial Nominee Requirements

We will discuss briefly what the basic requirements are that have to be met before an individual could be considered eligible to apply under this category. Total points in express entry are 1200 out of which 600 points are given for having a job or for having a PNP nomination. The estimated time for processing is 6 months. The criteria for consideration under this program has some requirements. There are seven requirements listed below:

Live in Caregiver Work Permit

After getting the Live-in Caregiver Work Permit, it is important for you to keep the track of its validity otherwise it could cause a problem while you stay in Canada. Live-in Caregiver Work Permit just like any other visa or status in Canada requires extension in case an individual wants to stay longer in Canada for the purposes of employment etc.

Live in Caregiver Work Permit Requirements

There are requirements which are necessary for the individuals who want to apply for extension of their Work Permit. To keep up with those requirements the Live-in Caregivers has to meet the following requirements:

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.