How do I immigrate to Canada?
Immigration to Canada is increasingly skills or employer driven. Don't be taken in by advertisements or internet sites that promise immigration, visas or jobs (in exchange, invariably for thousands of dollars, euros, or Rupees, in advance of course). Educate yourself and watch out, there's a lot of unscrupulous individuals out there ready to separate you from your hard earned money (see video here). The Canadian government web site has the relevant information (see video here). You can determine your eligibility and see what the current prospects are to immigrate here. Canada has federal programs as well as provincial programs that lead to permanent residency. The Federal Skilled Worker Program is among the most popular. It requires that you have at least one year of continuous full time work experience in one of the eligible occupations (changes based on employment needs) or have arranged employment. In addition, you will be required to pass a language proficiency exam and ensure that your credentials are recognized.
If you do have the relevant work experience and need assistance on the immigration forms, give us a call or email, we'd be happy to assist.
Finally, the immigration system in Canada is changing to one that is pro-active. The theory is that it will be far more responsive to the Canadian labour market than the past. We've written about this new expression of interest system at our blog. The article can be found here.
How do I sponsor my spouse to Canada?
A Canadian Citizen or Permanent Resident (if eligible) has the right to sponsor his or her spouse, common-law partner or conjugal partner to Canada.
I've discussed tips for completing your own spousal sponsorship application on our youtube channel found here.
You don't necessarily need a lawyer to submit any application to Citizenship and Immigration Canada. You need to be organized, detail oriented and follow the instructions on the Document Checklist and Guides. If you and your spouse are living in Canada, you have the option to submit an "In Canada" Spousal Sponsorship (more information about that process can be found here). If your spouse is outside Canada, you will need to submit the sponsorship application to the Case Processing Centre in Mississauga which will determine the sponsor's eligibility (you don't need an income to sponsor your spouse). Once sponsor eligibility is determined, the application will be forwarded to the responsible visa office. Watch out for the most common errors which include not signing application forms or providing clearly requested information and supporting documentation.
Note - there have been changes to spousal sponsorships to combat marriage fraud. We've discussed those changes here and here. Remember, an officer will in many cases convoke an interview to determine whether the relationship is genuine. Tips for preparing for an interview can be found on our blog here.
How do I sponsor my parents to Canada
A Canadian citizen or permanent resident, if eligible, has the right to sponsor his parents or grandparents to Canada. However, the sponsorship of parents and grandparents is restricted in Canada. The cap of 5,000 applicants for 2014 has already been reached. If you need to sponsor your parents or grandparents to Canada, these are the 5 things you need to know.
How do I work in Canada?
Generally speaking a foreign national (defined as not a Canadian citizen or permanent resident) that wants to work in Canada needs an employer. This employer needs to obtain authorization to hire a non-Canadian. This authorization is called a Labour Market Opinion or LMO. Once an employer has obtained a LMO for you, you can approach the responsible Canadian visa office and apply for a work permit. In some cases, you may be able to apply for a work permit upon landing in Canada. There are different rules depending on your country of nationality, so check with a Canadian immigration lawyer first.
We do not assist applicants in obtaining job offers.
Also, there is a program called "International Experience Canada" that allows young people from a number of different countries a chance to live and work in Canada. More information can be found here
There are options for individuals with work experience to then apply for permanent residence. This is usually done through the "Canadian Experience Class" or a provincial nominee program.
What is the residency obligation for Canadian permanent residents?
In general, permanent residents of Canada have to live here at least 2 years out of 5. There are some exceptions (for example, if you're accompanying your Canadian citizen spouse outside of Canada). There are a lot of benefits to being a permanent resident of Canada. It allows you to live and work in Canada and access our health system as well as our other social programs. I've written about the residency obligation on our immigration blog. The article can be found here.
Permanent residents of Canada can also apply to become citizens of Canada after meeting additional residency requirements and passing a language and knowledge exam. A new citizenship law has been tabled. Permanent residents will now be required to live in Canada for four years out of the 6 years preceding the application. I discussed the citizenship changes on CBC radio; the podcast can be heard here.
If you are short of days, do not lie or embellish your time in Canada. As is true for many things in life, covering up something is worse than coming clean. Misrepresentation on any immigration application can result in a bar (at present for 2 years) from Canada; don't lie even if advised to do so (perhaps by an unscrupulous consultant or a friend trying to be helpful (we've written about misrepresentation in our blog here). There are options for individuals that are in breach of their residency obligation, including an appeal to the Immigration Appeal Division.
I've discussed the residency obligation further here.
Can I make a refugee claim in Canada?
Yes, most individuals in Canada are eligible to apply for refugee protection. A youtube video in Punjabi on the refugee process can be found here.
In essence, a refugee is someone that is outside of their country of origin and has a well founded fear of persecution due to a Convention Ground. Canada also grants refugee protection to "persons in need of protection".
There have been a number of changes to the refugee system. Time frames have been reduced. Now a hearing is scheduled within months of when the refugee claim is made. The applicant bears the onus to establish his or her claim. We've canvassed those changes in our youtube channel here. The tightening of Canada's refugee system has led to a massive drop in refugee acceptance rates.
If you lose your refugee hearing, you may have a right of appeal (you do not have a right of appeal if you are from a so called "Safe Country"). We've discussed the Refugee Appeal Division here. We've also written about the RAD in our immigration blog here.
Some individuals can apply to stay in Canada permanently on humanitarian and compassionate grounds. We've discussed the H&C application here.
The government of Canada is coming after even successful refugee claimants if they find out that there was a misrepresentation at the time of the claim or that the refugee no longer needs protection (demonstrated usually by the refugee returning to his or her country of origin for a visit).
What does it mean to be medically inadmissible to Canada
Individuals seeking entry to Canada are sometimes confronted with a finding that they are medically inadmissible to Canada. This does not apply to sponsored spouses or dependent children of Canadian sponsors. It also does not apply to refugees. If you're an applicant under an economic class and you or your accompanying family member is found to have a medical condition that could give rise to "excessive demand" you will need to address the concerns of the visa officer. If you are the sponsored parent or grandparent of a Canadian sponsor, you will have recourse to an appeal before the Immigration Appeal Division which can consider humanitarian and compassionate considerations. If you are an applicant under an economic class, your only recourse against a negative finding by the visa officer is judicial review before the Federal Court. I've discussed medical inadmissibility on our youtube channel here.
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