Immigration Blog about US & Canadian Immigration matters.

The Process of Renewing or Changing your Study Permit in Canada

In Canada, in order for foreign nationals to legally study, they must obtain a study permit. Once a study permit has been obtained by a foreign national and they wish to either renew their study permit to continue their studies or to change their study permit to go to a different designated learning institution, they must properly apply to do so. This is essential especially if the study permit will expire. Additionally, a foreign national must ensure that they do not overstay their authorized visit. Therefore, in this article, I will explain what a study permit entails and how to proceed with renewing or changing your study permit to study and remain in Canada.

What Does a Study Permit Entail

A study permit must be obtained prior to arriving in Canada to study. A study permit essentially allows the foreign national student to study in Canada temporarily. It is important to note that a study permit is a requirement set out by the government of Canada in order to assess potential students that wish to come to Canada to study.

FAQ – Super Visa

In this article, I will address a few popular questions and answers for the Super Visa and some important information to consider when applying for this program. The Super Visa was created and intended for foreign nationals, who have children or grandchildren that are either Canadian citizens or permanent residents, to obtain a multi-entry visa for a period of 10 years. Additionally, they also have strict eligibility requirements that they must meet prior to applying for this program. If you are a parent or grandparent of a Canadian citizen or permanent resident and would like to apply for the Super Visa, I suggest you read our article on “Do you Qualify for a Super Visa?” before reading this question and answer article. The intention of this article is meant to clarify any misunderstanding or confusion with regards to the Super Visa.

Q: Is the Super Visa a multiple entry visa?

A: Fortunately, yes. The Super Visa is a multiple entry visa that allows the individual to enter Canada for a period of up to ten years.

FAQ – Landing in Canada as a Permanent Resident

In this article, I will address a few popular questions and answers for Landing in Canada as a Permanent Resident and some important information to consider if you are applying for a Permanent Residency application. When you have finally arrived in Canada and have landed as a Permanent Resident, it may be extremely overwhelming as you are coming from a completely different country to move permanently to Canada. If you feel as though you would be eligible to apply for Permanent Residency, I suggest you read our article on “Different Ways to Obtain Permanent Residency in Canada” before reading this question and answer article. The intention of this article is meant to clarify any misunderstanding or confusion with regards to landing in Canada as a Permanent Resident.

Q: Do I automatically become a Permanent Resident of Canada the moment I receive my Canadian Permanent Residency approval?

A: This is a very important question to recognize and understand. The simple answer is no – you do not automatically become a Permanent Resident of Canada the moment you receive your Canadian Permanent Residency approval. It is important to realize that you will only become a Permanent Resident in Canada the moment you cross a Canadian port of entry with a valid passport. You must also have your valid Canadian Permanent Residency approval. Subsequently, you will receive your official landing in Canada documents for any future reference you may need.

FAQ – Criminal Rehabilitation

In this article, I will address a few popular questions and answers for Criminal Rehabilitation applications in Canada and some important information to consider if you are applying for a Criminal Rehabilitation application. A Criminal Rehabilitation application is intended for foreign nationals with criminal inadmissibility who would like to visit Canada and not have inadmissibility issues in the future. This type of application was created and intended to provide foreign nationals, who have past criminal offence(s), made in or outside of Canada, with an opportunity to enter Canada even with their criminal inadmissibility. If you feel as though you would be eligible to apply for a Criminal Rehabilitation, I suggest you read our article on “How to Apply for Criminal Rehabilitation” before reading this question and answer article. The intention of this article is meant to clarify any misunderstanding or confusion with regards to Criminal Rehabilitation applications in Canada.

Q: What exactly is a Criminal Rehabilitation application?

A: A criminal rehabilitation application is a permanent waiver that removes the criminal inadmissibility from a foreign national that wishes to enter Canada. In other words, in the future, instead of being denied entry into Canada due to their inadmissibility, they will no longer have any inadmissibility issues when entering Canada.

FAQ – Canadian Immigration Application Process

In this article, I will address a few popular questions and answers for the Canadian Immigration application process and some important information to consider when applying for any immigration matter. The Canadian Immigration application process was created and intended to assist foreign nationals who would either like to visit, study, work, or permanently reside in Canada. The intention of this article is meant to clarify any misunderstanding or confusion with regards to the Canadian Immigration application process.

Q: Who may I include on my Canadian Permanent Residency Visa?

A: For permanent residency applications to Canada, you may include your spouse or your dependent children on your Canadian permanent residency visa. A dependent child is defined as a child that is less than 19 years old, who is unmarried and not in a common-law relationship, or it can also be a child that is currently enrolled in an educational institution and is still financially dependent on you. This needs to be taken into consideration prior to applying and including your dependent child. Additionally, the Canadian government also recognizes same-sex partnerships and marriages.

Hybrid Offences & How to Gain Entry into Canada

In order to successfully gain entry into Canada, you must not have any inadmissibility. Inadmissibility comes in many different forms; however, the most common reason is criminal inadmissibility. For individuals with hybrid offences, they may be able to gain entry into Canada or they may be denied entry into Canada. To avoid being denied entry into Canada, there are viable options for these individuals to overcome their criminal inadmissibility. Therefore, in this article, I will address what a hybrid offence is, what options are available to individuals with hybrid offences, and much more.

What are Hybrid Offences

First and foremost, it is important to recognize and thoroughly understand what hybrid offences are to better know what options are available to you to become admissible. Thus, when an individual is charged with offence, the Crown counsel will be the one to decide what offence you are ultimately charged with. The punishment that an individual will receive will depend on the type of offence they are charged with. For instance, depending on the offence, they can either receive a minimum or maximum penalty. Specifically, hybrid offences are unique compared to summary and indictable offences as hybrid offences are in between the two. Below, I will explain each offence in detail for you to better understand. 

Spousal Sponsorship Broken by Separation or Divorce

Canada strictly believes in family reunification and prioritizes spousal sponsorship for this exact reason. Unfortunately, not all spousal sponsorships end in family reunification and some can lead to separation or divorce. Although this may not happen often, it is important to discuss this as there are individuals who may be experiencing this and may not know what to do in these circumstances. Therefore, in this article, I will explain the repercussions of cases of separation or divorce in spousal sponsorships and important information to know if you are experiencing this in your life.

What happens if you Separate or Divorce your Sponsored Spouse

First and foremost, it is important to note that separation and/or divorce happens. Some relationships whether marriage or common-law partnerships, don’t work out and result in the termination of the relationship. However, if you were sponsored to Canada by a spouse, this can be a confusing and conflicting time for any sponsored person. Specifically, what happens when a sponsored spouse separates or divorces their sponsored spouse, results in the continuous undertaking for the sponsor for a minimum of three years after the sponsored spouse becomes a permanent resident. This undertaking continues even if the couple has separated or divorced. The sponsor must be responsible for the sponsored spouse’s basic needs throughout the duration of the undertaking.

FAQ – Permanent Resident Cards

In this article, I will address a few popular questions and answers for Permanent Resident Cards in Canada and some important information to consider when applying. The Permanent Resident Card was created to identify the permanent resident of Canada and is used as a form of travel document. If you are a permanent resident of Canada and would like to apply for a Permanent Resident card, I suggest you read our article on “The Basics of Permanent Residency in Canada” before reading this question and answer article. The intention of this article is meant to clarify any misunderstanding or confusion with regards to Permanent Resident Cards in Canada.

Q: How long does it usually take to process a PR card?

A: The processing times for PR cards fluctuate often. The best way to determine how long your PR card will take to process is by visiting the Citizenship and Immigration Canada (CIC) website which has a specific webpage for processing times of all immigration applications. For instance, during this time, specifically September of 2017, the processing times for permanent resident cards is approximately 61 days, which is about 2 months. The processing time is around the same for renewals or replacements of permanent resident cards.

Steps on How to Renew Your PR Card While Outside of Canada

Once foreign nationals receive permanent residency in Canada, they become ecstatic at the thought of making Canada their permanent home. However, there are certain circumstances that can prevent these individuals from maintaining their permanent residency in Canada, such as obligations in their home country or family emergencies. Essentially, if an individual has not completed their residency requirements then they may lose their permanent residency in Canada. Therefore, in this article, I will explain how to renew your PR card while outside of Canada and important information you must consider prior to renewing your PR card.

Eligibility to Renew your PR Card

When renewing your PR card, it is important to remember that the process is almost the same as applying for a PR card. There are specific eligibility requirements that must be met prior to receiving your PR card and, in this circumstance, renewing your PR card.

FAQ – Labour Market Impact Assessment (LMIA)

In this article, I will address a few popular questions and answers for Labour Market Impact Assessments (LMIAs) in Canada and some important information to consider if you are applying for an Labour Market Impact Assessment (LMIA). A Labour Market Impact Assessment is intended for any Canadian employer who may need a foreign worker to work for their company and needs the approval from the government of Canada prior to hiring them. If you feel as though you would be eligible to apply for a Labour Market Impact Assessment, I suggest you read our article on “Labour Market Impact Assessment LMIA” before reading this question and answer article. The intention of this article is meant to clarify any misunderstanding or confusion with regards to Labour Market Impact Assessments in Canada.

Q: What is a Labour Market Impact Assessment? Is it necessary?

A: The Labour Market Impact Assessment is a document provided by Immigration Canada that a Canadian employer may need to obtain prior to hiring a temporary foreign worker. It is not necessary for some circumstances but it can be for others. It is important for employers to investigate and review LMIA exemption codes to see whether or not they need a Labour Market Impact Assessment. With a positive LMIA, this will indicate that there is a need for a foreign worker to fill the intended position and that no Canadian citizen or permanent resident of Canada can fill the job. A positive LMIA is also referred to as a confirmation letter. After the employer receives a positive LMIA, the temporary foreign worker may then apply for a work permit in Canada. In order to apply for a work permit, the temporary foreign worker will need a valid job offer letter, a contract, a copy of the positive LMIA and the LMIA confirmation number.

Exceptions to Canadian Work Permits

There are many individuals from all over the world who wish to contribute to an economy that is prosperous and progressive. In a lot of cases, foreign nationals desire to come to Canada to work and contribute to the Canadian economy. Of course, applying for a work permit and meeting the requirements is essential prior to coming to Canada to work. However, there are some exceptions for certain individuals who would like to come to Canada, who do not require a work permit to legally work. Therefore, in this article, I will address what a work permit is, who needs one and who doesn’t, and important information pertaining to work permits in Canada.

What is a Work Permit

A work permit is a permit that is authorized and provided to a foreign national that wishes to work in Canada and contribute to the Canadian economy. There are many steps that must be taken prior to applying for a work permit. For instance, the potential employer of the foreign national must first apply for a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC). Additionally, once and if they receive a positive decision on their LMIA, then this will indicate that the hiring of a foreign worker for the specific company will not have a negative impact on the Canadian labour market. It will also show that the Canadian employer was not able to hire a Canadian citizen or permanent resident to fill the intended job. However, in some circumstances, an LMIA is not required before applying for the work permit.

Caring for People with High Medical Needs Program in Economic Class Category

Many individuals from all over the world come to Canada for a better life and for more opportunities within their career. This is especially the case for nurses and home support workers as the Canadian government is in high demand for these occupations. Since the 1990s, most provinces and territories in Canada were not hiring nurses; however, this drastically changed in the turn of the century and now Canada has a growing shortage of nurses. Therefore, in this article, I will address what the caring for people with high medical needs program entails, the requirements for this program, and more.

What is the Caring for People with High Medical Needs Program

This program is intended for any foreign national with Canadian work experience in specific occupations in the Canadian National Occupational Classification (NOC) that would like to gain permanent residency in Canada. The specific occupations are:

Foreign Country’s Pardons Recognized in Canada

There are several foreign nationals all over the world that would like to visit Canada and experience what the country has to offer. However, should that foreign national have a criminal record or a criminal offence in their country of origin then the chances of them entering Canada is slim. In Canada, a foreign national will become inadmissible if they have a criminal history in or outside of Canada. In this article, I will be primarily speaking on behalf of criminal offences made outside of Canada and how this affects foreign nationals wishing to enter Canada. I will also discuss whether or not Canada will accept a foreign country’s pardon and if that individual would still be inadmissible to Canada if they do have a pardon.

Criminally Inadmissible to Canada

In Canada, if you have a criminal offence or a criminal history from a different country, you will be deemed criminally inadmissible to Canada and will not be permitted entry into Canada. Luckily, Canada also gives these inadmissible individuals the opportunity to overcome their inadmissibility to Canada by applying for a Criminal Rehabilitation application. In order to apply for a Criminal Rehabilitation, you must show sufficient evidence to Immigration that shows your convictions and the completion of any sentences of said convictions. You may also include any evidence that shows you have indeed changed your lifestyle for the better since the convictions.

Steps on Obtaining a Start-Up Visa

Is it your dream to bring your entrepreneurial mind and ideas to Canada and to the Canadian economy? This may be a possibility with the Start-Up Visa. This visa attracts foreign nationals with business ideas to come to Canada to start their business. Of course, much like any other immigration application, you must first be eligible and meet the requirements in order to apply under this specific visa. Therefore, in this article, I will explain in detail, what a start-up visa is, the eligibility requirements for a start-up visa, how to apply for a start-up visa, and more.

Steps to How to Qualify for a Business Visitor Visa

In order to qualify as a Business Visitor in Canada, there are several requirements that you must meet. Additionally, if you are coming to Canada from a country that requires a visa to enter Canada, you must still apply for a Temporary Resident Visa (TRV) prior to entering Canada. The TRV will allow visitors to Canada entry, even visitors that are entering Canada for business purposes. In this article, I will explain who qualifies as a business visitor, the eligibility requirements for a business visitor visa, how to apply for a business visitor visa, and steps after applying for a business visitor visa.

Who Qualifies as a Business Visitor

A business visitor is defined as an individual that is a foreign national that visits Canada with the intention of participating in activities which are related to an international business. Furthermore, these individuals do not directly go into the labour market of Canada. A business visitor often participates in business meetings, conferences or conducts site visitations to make observation. Additionally, they may also attend product or sales training that is conducted by the company in Canada or by a distributor; deal with an after sales agreement; and/or buy goods in Canada for a foreign company.

Steps in Obtaining Refugee Status in Canada

Canada is a progressive country that believes in human rights and equality for all and any individuals who enter. For any individuals who are entering Canada because they are being persecuted in their home countries or are unable to return to their country for reasons such as war, they may be able to apply for refugee status in Canada. Canada offers these types of individuals protection. In this article, I will address what constitutes refugee status in Canada, who is eligible for refugee status in Canada, and how to apply for refugee protection in Canada.

What is Refugee Status

A refugee is an individual who has fled from their home country due to well-founded fear of persecution. Furthermore, other attributes that come along with refugee status is that they are unable to return to their home country due to persecution or worse. In addition, these individuals have unfortunately have had to endure horrific experiences. It is important to note, however, that refugees are much different than immigrants. An immigrant is defined as an individual who voluntarily chooses to settle permanently in another country from their own home country. In contrast, a refugee is defined as an individual who involuntarily is forced to flee their home country and need to relocate elsewhere.

Human Capital Priorities (HCP) Stream Introduced in Ontario

In Canada, Ontario is the most populated province and it continues to be a very popular destination for new immigrants looking to settle in Canada. Luckily, Ontario has an immigrant nomination program that helps skilled foreign nationals who have work experience obtain permanent residency in Canada, specifically Ontario, and thus contribute to the Canadian economy. It is important to note that the Provincial Nominee Program (PNP) is quite helpful to any Express Entry candidate as it provides them with the most points out of all Express Entry factors. For instance, a successful candidate may be able to obtain up to 600 additional points from the PNP program. As a result, they may be able to receive an invitation to apply at the next available draw for the Express Entry pool. Additionally, candidates under the Express Entry pool, who have work experience in Information and Communications Technology (ICT) occupations, are now prioritized by the Ontario province under this new initiative that was introduced on June 26, 2017. In this article, I will address the new Stream and how it affects the Ontario Immigrant Nominee Program (OINP) and Express Entry altogether.

Information and Communications Technology (ICT) Workers

In order to qualify under this Stream of Human Capital Priorities (HCP), a part of the Ontario Immigrant Nominee Program (OINP), candidates must be eligible as ICT workers under Express Entry. As of June 26, Ontario has specifically targeted these types of workers for their province. The province of Ontario is searching for candidates under Express Entry with experience in specific ICT occupations and as a result the candidates are eligible to receive a Notification of Interest (NOI), which was previously called an invitation to apply for provincial nomination. Thankfully, this is even the case if they had scored less than 400 points under the Comprehensive Ranking System (CRS).

Questions and Answers for Common-Law Sponsorship

In this article, I will address questions and answers for Common-Law sponsorship in order for you to further understand what a Common-Law sponsorship entails. A Common-Law sponsorship is intended for Canadian citizens and permanent residents who wish to sponsor their common-law partner to come to Canada and receive permanent residency. It was created to give Canadian citizens and permanent residents an opportunity to finally be united with their spouses. The Canadian government believes that individuals live a better life when they are united with their families and reinforce family reunification. If you feel as though you would be eligible to apply for a Common-Law sponsorship, I suggest you read our article on “How to Sponsor your Common-Law Partner” before reading this question and answer article. This article is intended to clarify any misunderstanding or confusion with regards to a Common-Law sponsorship.

Q: What documents can my common-law partner and I provide to prove we have been living together for over a year?

A: There are specific documents that you and your common-law partner can provide to Immigration to prove that you have been living together for over a year. Such documents include, shared ownership, lease or rental agreements of residential property; joint bills for shared utilities, such as electricity, telephone, gas, etc.; important documents that show the same address, such as driver’s licenses and insurance policies; and lastly, identification documents. Keep in mind, Immigration will accept any other documentation you can provide that you feel would prove that you and your common-law partner have been living together for over a year.

Important Documents Needed for Spousal Sponsorship

When applying to sponsor your spouse to Canada as a permanent resident, it is very important to consider and recognize the important documents that you must provide Immigration Canada. These documents will be the supporting evidence to prove why your spouse should be able to gain entry into Canada and eventually become a permanent resident. If you are unable to provide specific documents, it is recommended to provide Immigration with an explanation why. You should make sure the explanation is reasonable and valid, if not Immigration does have the authorization to refuse the application. Therefore, in this article, I will explain the important documents needed for a spousal sponsorship application as well as other factors you should consider.

Before Submitting Documents Make Sure you’re Eligible

Before applying for a spousal sponsorship application and providing Immigration with the appropriate documentation, it is always advisable to first determine whether you are eligible to sponsor your spouse. You must prove to Immigration that you are eligible and financially capable to sponsor your spouse. Furthermore, there are certain eligibility requirements that need to be considered in order to sponsor your spouse. The eligibility requirements for a spousal sponsorship are that you are required to be at least 18 years of age; you are required to be a Canadian citizen or a permanent resident of Canada; you are required to prove that you have not received any social assistance for reasons other than disability; you are required to prove that you have necessary income to provide the basic needs for your spouse; and lastly, you are required to sign an undertaking and should not have any active undertakings.

Steps to Sponsor your Spouse to Canada

Before you can sponsor your spouse to Canada, there are several different factors that you should consider. Some factors include your eligibility to sponsor, the type of relationship you will indicate on the application and whether the application will be in Canada or overseas. The most important factor is whether or not you can sponsor your spouse and if you are eligible to; if you are not, then you will not be able to sponsor. Furthermore, you must also ensure you are married to your spouse in order to do a spousal sponsorship. Lastly, you must determine whether your spouse will be in Canada while the application is being processed or whether they will be overseas. Therefore, in this article, I will explain the eligibility requirements for spousal sponsorship, the documents needed for the application, the difference between inland and overseas spousal sponsorship, and more.

Eligibility to Sponsor your Spouse

As previously mentioned, this is the most important factor of a spousal sponsorship application. The reason being is because the sponsor must be able to prove to Immigration that they are eligible and financially able to sponsor their spouse. There are certain requirements that need to be considered prior to applying to sponsor your spouse. Below is a list of eligibility requirements for the sponsor.