Nuriye Sahin Canadian Immigration Consultant

Services

Express Entry

Express Entry is an online system that manages permanent resident applications for the following immigration programs.

  • Federal Skilled Worker Program
  • Federal Skilled Trades Program
  • Canadian Experience Class
  • Certain Provincial Nominee Programs, such as Ontario Immigrant Nominee Program, BC Provincial Nominee Program

Eligibility questions on the Immigration, Refugees and Citizenship Canada’s website for creating an Express Entry Profile are geared to determine whether a person is eligible for one of the immigration categories that are processed under Express Entry.

Federal Skilled Worker Program

Federal Skilled Worker Program is one of the first immigration program that is based on a point system. Candidate must score minimum 67 out of 100 to be eligible under this program. Points are given based on candidate’s age, education, measured proficiency in English and French, professional work experience, and other factors that would affect a candidate’s adaptability to Canada. Some of these factors may be having relative in Canada, past work experience in Canada or, having had studied in Canada.

As of 2015, the Federal Skilled Worker Program immigration applications are done through the Express Entry System.

Having 67 or more points under this category will allow candidates to create a profile in the Express Entry Pool, however this does not guarantee that a candidate will receive an invitation to apply for permanent residence under the Express Entry system. Express Entry has its own point system called Comprehensive Ranking System (CRS) which enables Immigration, Refugees and Citizenship Canada (IRCC) to select the highest scored candidates for invitation to apply. CRS ranks candidates between 0 and 1200 points. In other words, candidates compete against each other.

The Express Entry System scores candidates higher if they are are younger, better educated and have higher language proficiency in Canada’s official languages.

Contact Nuriye Sahin who has more than 30 years of legal experience to find out:

  • Is there an immigration program that you are eligible for?
  • If not, what can you do to qualify for an immigration program?
  • How does the application process work?
  • Which option is best for you?

Arranged Employment to support a permanent resident application

Canadian Employers can apply for Labour Market Impact Assessment Opinion (LMIA) and get approved for a candidate who is in Express Entry Pool to support the candidate’s permanent resident application. If there is such a job offer, a candidate who wants to come as an immigrant can earn 50 to 200 points from Express Entry and get 15 points from the Federal Skilled Worker Program’s own scoring system. The points to be earned are determined based on National Occupational Classification (NOC) category of the position offered.

Canadian Employers should provide their candidate with an employment offer of at least one year full-time along with an approved Labour Market Impact Assessment (LMIA) to the candidate.

Canadian Experience Class

To apply for immigration under this class, the candidate must have at least one year of Canadian work experience. The work experience must be at least in one or more National Occupational Classification category 0, A, and B.

Canadian work experience gained while studying is not considered eligible work experience under this program.

By making an appointment, you can ask questions and prevent mistakes that may cause your application to be refused.

Federal Skilled Trades Program

This program is an immigration program for certain trade occupations. Some of the professions listed under this program are:

Industrial, electrical and construction trades, maintenance and equipment operations trades, chefs and cooks, butchers and bakers, supervisors and technical jobs in natural resources and agriculture.

Although it may seem easy to apply for immigration under this program, you must have all the required qualifications. You must prove your work experience, have the required language proficiency, and complete the mandatory licensing procedures required in Canada to work in these professions.

This program requires a certain level of English proficiency. You must have at least 2 years of work experience in the last 5 years. You must have a full-time job offer from a Canadian employer or have a professional license for the trade in Canada.

Provincial Nominations through Express Entry

Provinces can select their own immigrant candidates for their Provincial Nominee Programs among the candidates registered with Express Entry. Therefore, a candidate who has entered the Express Entry Pool by creating a profile in the system may receive an expression of interest from one of the provinces which have been chosen by the candidate to live and work. This is an invitation to apply for a Provincial Nominee Program.

Provinces have the autonomy to identify their sectors with labor shortage and to invite the professionals they need in those sectors to apply for Provincial Nomination. Since the required professions are updated frequently, it is recommended to make an appointment for detailed information.

Family Class

If you are a Canadian Citizen or a Permanent Resident of Canada, you can sponsor certain relatives.

You can sponsor your spouse or common-law partner, your children under the age of 22, your parents, grandparents and your adopted children.

To be able to sponsor family members, the sponsor may need to meet or exceed the minimum required income amount and sign an undertaking promising to be financially responsible for the sponsored person for a certain period of time.

Sponsoring your spouse

If you have permanent resident status in Canada or are a Canadian Citizen, you may sponsor your spouse or common-law partner. You must have been living with your partner for at least one year for your relationship to be considered as a common-law partnership.

You must not have entered a common-law partner relationship or a marriage to take advantage of Canada’s immigration laws. If the couple does not have a child from a previous marriage under the age of 22, there is no set minimum requirement for the sponsor’s income. It is very important that the application forms and your accompanying evidence are prepared carefully and presented in a well-organized manner.

Some common reasons for sponsorship application failures are:

  • Failing to provide satisfactory evidence that the marriage is genuine.
  • The sponsor has a police record or a court decision against him/her for domestic violence
  • The sponsor has previously sponsored another spouse, and she/he failed to fulfil their undertakings as a sponsor.
  • Insufficient information or insufficient supporting documentation.

An application prepared by experienced professionals such as a licensed Canadian Immigration Consultant will not only ensure that your application is completed correctly, but also protects you from irreparable damage done to your case by missing or incorrect information, and saves you appeal expenses down the line.

Sponsoring your common-law partner

This sponsorship applies to couples who are not officially married and are able to prove that they have been living under the same roof for at least one year like a married couple. It is subjected to the same sponsorship rules of a spousal sponsorship.

Sponsoring your conjugal partner

In your country of residence, your relationship with your partner may not be legally recognized, considered a criminal offence, or not well received by your local society. In this case, if either of the couple is a Canadian citizen or a permanent resident of Canada, the law allows for a sponsorship application to sponsor your conjugal partner. Canada legally recognizes same-sex marriages.

Your sponsorship application must be prepared carefully. The relationship of the parties, the obstacles arising from the laws and culture of the country in which you reside in should be clearly explained and supported by relevant documentary evidence.

Sponsorship of children

If the sponsored spouse has children under the age of 22, these children may be included in the spousal or common law partner sponsorship application. Furthermore, a child of a permanent resident if born outside of Canada, the child needs be sponsored.

When applicants apply to immigrate Canada, they must include information with respect to all their children. Otherwise, they will not have the right to sponsor them in the future.

Sponsoring your adopted child

To be able to sponsor an adopted child, adoption procedures must be carried out following the laws of the country where the child was adopted.

Adoption procedures must be recognized by the Canadian government.

Or a child must be adopted within Canada.

The procedure for applying for this type of sponsorship is different from the sponsorship of other family members.

Sponsoring your parents and your grandparents

In the past, those who wanted to sponsor their parents or grandparents could apply if they met the eligibility criteria. In recent years, the Canadian government has introduced a lottery system, limiting the number of applications.

Therefore, the sponsor must participate in the lottery and their name comes out of the draw, they must apply for sponsorship.

The annual applications are usually limited to 20,000.00 and Immigration, Refugees and Citizenship Canada’s target is to process these applications within one year an average.

There are multiple reasons that Immigration, Refugees and Citizenship Canada (IRCC) receives limited number of applications each year. The main concern is the increase of the elderly population which can overburden health and social services. Another reason is that human resources of the departments that decide on immigration applications is not unlimited.

Sponsored persons should not have any health and criminal inadmissibility. In exceptional cases, exemption due to humanitarian and compassionate grounds may be requested, however admission is discretionary.

Sponsoring relatives like a sibling, a niece, a nephew or choice of one blood relative

Under normal circumstances, it is not possible to sponsor siblings and second-degree relatives to Canada. The exemption to this rule requires a sponsor to meet the following conditions:

  • The sponsor has never sponsored anyone to Canada before
  • The sponsor has no other relatives in Canada and is not married
  • The sponsor must not have any other closer relatives that are eligible to be sponsored as relatives.

If your situation fits the description above, you can make an appointment with Nuriye Şahin and get detailed information.

In addition, siblings under the age of 18 who are orphans can be sponsored.

Provincial Nominee Programs

Canada is divided into 10 provinces and 3 territories in the north that are given limited autonomy by the Federal Government.

The Canadian Federal Government has agreements with all provinces and territories. These agreements give authority to provinces and territories to select and nominate a limited number of their own immigrant candidates and issue Provincial Nominee Certificates.

The annual number of candidates to be selected and nominated by provinces and territories are determined by these agreements. Once provinces and territories reach their annual quotas, they are closed to applications until the following year.

Provinces and territories have autonomy to determine the selection criteria of their provincial nominee programs in line with the needs of their economies.

Upon approval of the Provincial Nominee Certificate, the applicant must submit a permanent resident application to Immigration, Refugees and Citizenship Canada.

Below are examples of people provincial nominee programs have been interested in:

Those who have completed a college program, a university program, a master’s degree or a PhD as international students in Canada.

It is important to carefully choose a province to study. Employment opportunities after graduation and provincial nominee eligibility requirements differ from province to province. Among the eligibility criteria for provincial nominee programs are having had graduated as an international student and having an offer of employment. Having an offer of employment may not be required for master’s degree and PhD graduates.

Booking a one-hour consultation with me for those who want to come to Canada as a student will eliminate future regrets and costly solutions. You can contact us for detailed information and to schedule an appointment.

Provinces decide provincial nominee eligibility criteria based on their workforce shortages. Some examples of these programs are Human Capital Priorities, Essential Health Care Occupations, Employer Job Offers for International Graduates, Master Graduates, and Entrepreneur Investors.

It is crucial to know possible provincial nominee opportunities and prospects of employment after graduating as an international student. Therefore, which program to study, where to study, possible legal avenues for permanent residency must be consulted before applying for a study permit.

Provincial nominee programs give provinces flexibility to create selection criteria that respond to their employment workforce needs. Some of the provincial nominee programs are part of Express Entry. This means that provinces select people to nominate via the Express Entry Pool. Other selection methods for provincial nominee application may be first-come, first-serve, having a selection pools that exist at a provincial level that candidates may register by an expression of interest.

Small investment and entrepreneurship provincial nominee programs are based on a partnership or purchase of an existing business, or starting a new business. Minimum required investment amount and minimum required net worth vary from province to province.It is necessary to prove both the amount of capital to be invested and the net assets of the applicant. In addition, the applicant must present a business plan that shows employment creation, profitability, and viability of the business that will be invested.Investor category nominee applications merit more detailed assessments, involving third party service providers such as banks, business plan developers, market researchers and corporate lawyers.

Candidates must have proficiency in English and have work experience in the field in which they wish to invest. There are also other restrictions to watch for, such as the age of the investor and the list of ineligible business for investment.

Steps for a candidate who wants to immigrate Canada as an investor and entrepreneur are:

  • Determine the appropriate programs for eligibility
  • Draw a detailed roadmap based on both the line of business, how much the candidate wants to invest and where the candidate wants to live.
  • A detailed preliminary study
  • A professionally written a business plan should
  • Preparation of legal steps may be completed under the coordination of a financial expert, an accountant, a business law and corporate lawyer, and the local chamber of commerce.

Furthermore, after the province approves the business plan, a provincial nomination certificate is not issued immediately. The proposed business must be opened and operated for a year before the province issues a Provincial Nominee Certificate.

Some examples of businesses ineligible for investment are buying real estate, operating a family business in bed and breakfast style, buying gas stations, and investments that can be counted as passive investments.

For more detailed and up-to-date information, you can contact me and make an appointment.

Caregiver Category

Canadian citizens and permanent residents, who have small children or an elderly family member in need of care can employ a foreign national as a caregiver.

A foreign worker can receive work permit for 2 years. After 2 years of Canadian work experience, a foreign worker can apply to immigrate to Canada.

The eligibility requirements for this program have undergone many changes in the recent years. It is currently being tested as a pilot program.

The number of applications per year is limited to 2500, and the program is divided into subcategories.

These subcategories are:

  • Home child care provider
  • Home support worker
  • Live-in caregiver
  • Caring for children
  • Caring for people with high medical needs
  • Interim pathways for caregivers

Candidates must have a Canadian Language Benchmark “CLB” level 5 English and minimum 1 year work experience or career training. In addition, candidates must have obtained a high school degree. In some cases, an employer must apply and obtain a Labour Market Impact Assessment Opinion to employ a foreign caregiver.

Frequent changes to eligibility criteria, procedural changes to this category, and hearsay information from other people can be very overwhelming. For reliable and detailed information on the subject, you can contact me and make an appointment.

Humanitarian and Compassionate Grounds

Humanitarian and Compassionate Grounds permanent resident applications can be a remedy to a people who do not meet the requirement of Immigration and Refugee Protections Act to apply for immigration.  To apply under this exemption a person must:

  • Be currently living in Canada;
  • Not meet one or more requirements of the act to be eligible for an immigration application.

Some of the reasons that can be considered as humanitarian and compassionate grounds are:

  • The extend which a person is settled in Canada
  • Family and social ties to Canada
  • Best interests of children
  • Possible hardship, and danger if a person leaves Canada

Approval of the application is discretionary. The application process is longer than many other types of immigration applications. However, if there are no other legal remedies to a person’s situation, this type of application can be a solution.  The proof of burden lies on the applicant. Therefore, extensive documentary evidence and a well-prepared application package are essential to success.

Temporary Resident Visas

Study Permits

As of 2019, Canada ranks 4th among the countries that accept the most international students in the world. Canada is not only one of the best countries in education, but also offers unique opportunities after graduation such as post graduate work permit which is a pathway to employment opportunities immigration via Canadian Experience Class program.

Canada sees international students as strong candidates for immigration. Statistics show that people who have received education in Canada adapt to social and professional life quickly. Their income is higher than other newcomers. International students can obtain a post graduate work permit in Canada for up to three years after their graduation.  Canadian work experience after graduation increase candidates’ chances to apply for immigration. International students can work during their studies a maximum 20 hours a week during their studies and full-time during scheduled time off from their studies.

According to Edu Canada, which was established with the cooperation of Global Affairs Canada and The Council of Ministers of Education, choosing Canada is highly advantageous for the following reasons:

Why Canada:

  • You will learn with the best and brightest
  • We will welcome you with open arms
  • Our quality of life ranks highest in the world
  • We will set you on the path to a promising future
  • To cost to study and live here is affordable
  • We will offer you an experience like no other”

If the duration of a study is less than 6 months, a study permit is not required. Having a visitor visa or being a citizen of a country exempt from a visitor visa is all that is required for studies shorter than 6 months.

The eligibility requirements for study permit applications for the informational purpose are:

  • Letter of acceptance from a Designated Learning Institution in Canada such a college, a university, or a high school for dependent children
  • Proof of financial ability to live in Canada and paying the tuition fees during your stay in Canada,
  • Not having any inadmissibility on criminal and health grounds
  • Prove that intention of studying in Canada is genuine and that you will be leaving Canada when your studies are completed.
  • While you are in Canada, you will be complying with the terms and conditions of your study permit.

Some factors to be considered when you choose your education program:

Make sure that your admission offer is from a Designated Learning Institution. If you plan to apply for a Post Graduate Work Permit after your graduation, make sure that your program is eligible for a Post Graduate Work Permit.

What is your goal for studying in Canada? How will the program you choose help you to achieve your goal?

If you are considering studying abroad but are not sure which country to study, contact us to get comprehensive information about the benefits of studying in Canada. Compare the opportunities Canada provides with other countries before you make your final decision.

Work Permits

As a general rule, foreigners must obtain a work permit to temporarily work in Canada.

To come to Canada on a work permit, a Canadian employer must make a job offer. Therefore, anyone who wants to come to Canada with a work permit must first find a Canadian employer who wants to employ them, offer a job and be eligible to hire a foreign worker as an employer.

A Canadian employer must obtain a positive Labour Market Impact Assessment to offer a job to a foreign national. A Canadian employer must prove that there is no suitable candidate to hire who is a permanent resident or a Canadian Citizen who already resides in Canada.  LMIA is a lengthy, tedious, and costly process. Simply put, LMIA is an available hiring tool for Canadian Employers when more convenient hiring possibilities are exhausted.

Unless a Canadian employer provides a positive LMIA or your occupation is exempt from LMIA, you can not apply for a work permit.

Human Resources and Development Canada carefully assess labour shortages in every sector, issues a positive LMIA’s when hiring a temporary foreign worker is beneficial for the Canadian economy and necessary for employers’ businesses.

In demand occupations and sectors change based on Canada’s economy and sectoral needs.

LMIA Exceptions

Source of LMIA exceptions arise from international bilateral agreements, academic exchanges, work-related research, short-term business activities such as repair or service agreements, art and cultural activities. Some other exceptions are international graduates who are eligible for Post Graduate Work Permit and their spouses, spouses of work permit holders whose permits are based on positive LMIAs. Refugee claimants are also allowed to apply for open work permits while their claims are in process.

A detailed assessment is required to find out whether you can benefit from these exceptions as an employer or a foreign worker.

Refer to Business Immigration Section of our website for more detailed information.

Post-Graduate Work Permit

International students who have graduated from Canadian colleges or universities can apply for Post Graduate Work Permits “PGWP”. PGWP can be issued for up to a maximum of 3 years. The duration of a PGWP is limited to the duration of the full-time education. Less than one-year full-time programs are not eligible for PGWP.

Work Permits for International Students

International students who are full-time students in Canada can work 20 hours per week while they are studying. During the school breaks such as between semesters they can work full-time.

Work permits are related to Provincial Nominee Programs and sector specific skill shortages

Canada’s provinces allocate some of their annual nomination quotas to fill skills shortages by issuing nominee certifications along with work permit support letters. This way, employers are able to bring foreign workers in a timely manner. Agriculture workers, construction workers, truck drivers, essential health care workers are examples of workers that can be listed under the recent in demand occupations.

 

Visitor Visas

Canada requires a visitor visa from citizens of some countries while some other countries’ citizens can visit Canada without visitor visas.

If you are from a country that Canada requires a visitor visa from, you must apply for a visitor visa. A person must not have any health issues that might threaten public health and must not be inadmissible on criminal and health grounds.

The visa applicant must satisfy the visa officer that their reasons to visit Canada are genuine and temporary as well as their financial ability pay their travel expenses.

Visitor visas are suitable for people who:

  • Want to visit their relatives in Canada,
  • Want to visit Canada as a tourist,
  • Want to research investment and job opportunities in Canada
  • Want to come to Canada for short term studies that is less than 6 months

It is possible to extend the Visitor Visa without leaving Canada for up to an additional 6 months.

You can visit the link here to find out whether Canada requires a visitor visa from your country of citizenship.

Temporary Resident Permit for Exceptional Circumstances

Temporary Resident Permit is a type of temporary resident visa that can be issued to people who are otherwise inadmissible to Canada. This permit is an exemption to the general rule and is a discretionary permission to enter and stay in Canada. Presence of humanitarian and compassionate reasons may overcome a person’s inadmissibility.

To be granted a temporary resident permit:

The person must not pose a danger to Canada’s public safety or public health. They must have compelling and valid reasons to enter Canada.

The duration of the permit may range from a few days to up to two years.

Super Visa for Parents and Grandparents

Super visa is a type of visitor visa that allows parents and grandparents to stay in Canada as visitors for up to 2 years without leaving Canada. Applications to sponsor parents and grandparents are limited to a certain number each year. Selection of applications are based on an annual lottery draw.

Super visa was introduced as a solution to the limit on sponsorship applications for parents and grandparents to unite families.  Super visa can be issued up to 10 years as a multiple entry visa.

Children and grandchildren in Canada must meet the financial eligibility criteria so that parents and grandparents can be issued super visas. The financial eligibility threshold is calculated based on the number of family members that children and grandchildren have. Children and grandchildren must document that they have the financial means to cover all expenses during parents and grandparents’ visits to Canada. The other mandatory requirement is to purchase private health insurance for a minimum of one year before submitting the super visa application.

The Super Visa is the most suitable option for parents and grandparents who are able to travel and do not plan to live in Canada permanently.

Startup / Entrepreneur Visas

This program was launched as a pilot in 2014. Now, the program is permanent. This program’s aim is to bring foreign entrepreneurs and Canadian private investor groups together, and to provide foreign entrepreneurs with all the necessary guidance and support to successfully establish a business in Canada.   Capital investment into new businesses by an authorized Canadian investor may be a part of the program as there are three different sub-category investments under this program.

Requirements for applying to the program:

  • A company with a maximum of 5 partners must be established. Each partner must own at least 10 percent of the company. The business established must be actively managed by the partners and the business must be actively operating in Canada. The established business must be a new business. It is possible to submit permanent resident applications for all business partners and their family members under the same file.
  • The project must be approved and supported by one of the authorized Canadian private sector investors. Depending on the sub-category, the investor may be required to invest certain amount of capital into the business project. The investor should send the investment support letter directly to the Canadian Immigration authorities.
  • Business partners must have the required minimum English language proficiency score.
  • Business partners must show through the bank records that they have enough money to cover one-year of living expenses in Canada.

After the above steps are completed and the permanent resident applications are submitted, candidates should apply for work permits and start taking the necessary steps to bring the project to life, while they are waiting for their immigration application to be finalized.

Applications received under this category are few. Entrepreneurs with excellent and unique business ideas and carefully prepared business plans can be successful if they pair with the right investor.

Rural and Northern Immigration Pilot Program

Canada’s rural communities need to attract newcomers to maintain their local economies and fill open positions. Traditionally, new immigrants arrive in big cities and settle there.

Encouraging new immigrants to settle in small communities is the aim of recently created Rural and Northern Immigration Pilot Program. Immigration, Refugees and Citizenship Canada works with provinces and municipalities to close the employment gap in small communities. This program is very unique, and is hoped to be successful.

The list of cities actively participating in the pilot project and the list of cities that will soon participate in the program can be viewed from the link here.

The following are the candidates’ eligibility criteria to apply for the Pilot Project:

  1. The candidate must have at least one year of work experience in the job for which they wish to apply, or graduated from a 2 year, full-time college or university program in one of the cities that are participating in the program.
  2. The candidate must meet the required CLB level language proficiency which is determined by the job being offered.
  3. The candidate have graduated high school.
  4. The candidate must be able to afford one year’s living and settlement expenses.
  5. The candidate must convince the immigration authorities that they will live in the proposed city.
  6. If there are other conditions imposed by the participating city, the candidate must meet those conditions.

LMIA, Labour Market Impact Assessment Opinions

Canadian employers must first obtain a Labour Market Impact Assessment Opinion (LMIA) from Employment and Social Development of Canada if they wish to hire a temporary foreign worker.

Canadian employers must satisfy Employment and Social Development Canada of the requirements below to obtain a positive LMIA:

  • No suitable candidates are found in Canada for the position that needs be filled by a foreign worker.
  • Particular advertisement for recruitment of permanent residents and Canadian citizens for the position has been done.
  • Hiring a foreign worker is likely to contribute to the creation of jobs and training opportunities for permanent residents and Canadian citizens.
  • The foreign worker should be paid the same wages that a Canadian worker will be paid for the same position.
  • The foreign worker must apply for a work permit with the LMIA document provided by the employer.

LMIA is divided into 4 subcategories. The application requirements for each category are different.

These categories are:

  1. High wage workers
  2. Low wage workers
  3. Seasonal agricultural worker program
  4. Agricultural stream

Details of these programs are updated frequently. Professional help is not only essential for a meticulously prepared LMIA application but also is essential to avoid unexpected procedural failure and its consequences during future audits by Employment Social Development Canada. We would be happy to assist any employer from beginning to end to avert any costly mistakes and unexpected consequences.

Global Talent Stream

Global Talent Stream was started as a pilot project. This program accelerates the acquisition of LMIA for people with unique talents and expertise in their fields. Eligible occupations for Global Talent Stream are limited. These occupations are related to science, computer science and communication technologies.

A Canadian Employer must be endorsed by project partners that are authorized for this program.

Under this program, it is possible to get LMIA approval in two to three weeks and bring the needed employee to Canada in a short time.

Intra Company Transfers

Intra Company Transfer allows multinational companies to bring their employees who are experts in their field or hold senior executive level positions from another country to their Canadian location with a work permit. This type of work permit is exempt from LMIA.

The work permit can be issued for up to two years and extended if necessary.

Business Visitor Visas

It is not necessary to obtain a work permit as a business visitor. If a businessperson is from a visitor visa required country, it is sufficient to obtain a Visitor Visa. Businesspeople, diplomats, athletes, journalists and performance artists can work for a short period of time without work permits.

International Agreements

Workers who will apply for a work permit based on international agreements do not need to obtain a LMIA (Labour Market Impact Assessment Opinion) from their employers.

Not needing a LMIA approval allows Canadian employers to quickly bring the workforce they need with a work permit.

These agreements are called free trade agreements. The following are some of them:

  1. Canada-United States-Mexico Agreement (Formerly NAFTA)
  2. Canada-European Union (Comprehensive Economic and Trade Agreement)
  3. Canada-Korea Agreement
  4. Canada-Costa Rica Agreement
  5. Canada-Chile Agreement

These bilateral agreements are based on reciprocity. You can only benefit from the provisions of the agreement if you are a citizen of one of the countries that are party to the agreement. Currently, the number of bilateral agreements in force are 15, and the number of countries with ongoing bilateral negotiations are 8.

Under the Canada-United States-Mexico Agreement, there are three occupational categories for which LMIA is not required for issuance of work permits. These categories include the professional occupations listed in the agreement intra-company transfers, business people and investors. There is no need to obtain a temporary work permit for business visits.

International agreements allow for the quick circulation of the specialized workforce. Short-term projects such as repairs, maintenance, scientific research activities are in the scope of these agreements.

As an employer or as a person who wants to work in Canada, it would be wise to seek professional advice whether or not there is an agreement between your country and Canada.

Provincial Investment Programs

Provincial Investment Programs are one of the subcategories of Provincial Nominee Programs. Each province sets its own eligibility criteria for its programs.

The details of these programs change from time to time for improvement of these programs.

To be informed about current changes and to get detailed information, please contact us and make an appointment.

Each province has different criteria for their investment provincial nominee program. Some of the common eligibility requirements for these programs are:

  • Candidate’s net assets and required minimum investment amount
  • Proficiency level in English and/or French
  • Application fees need to be paid, and if is required up-front security deposit needs to be made
  • Minimum required professional qualifications related to work experience and minimum required education, such having graduated high school
  • Some provinces have a list of priority sectors for investment, some provinces have lists of ineligible businesses for investment, and some provinces have both.

How does the procedure work, where to start:

  • Initial consultation meeting is necessary to assess the candidate’s eligibility for the existing programs. The candidate’s educational and professional background, candidate’s net worth and investment amount, candidate’s family members, motivation to invest in Canada, and candidate’s expectations are some of the important points that have to be a part of the initial consultation.
  • The appropriate program or programs can be determined in light of the information received from the candidate
  • Required supporting documents for such an application and their contents will be discussed with the candidate.
  • Most provinces suggest or require an exploratory visit to their province. Candidate will be provided the information and the resources to plan such a trip.
  • The next step will be exploring and determining businesses to invest and making a decision. Professional services must be engaged for the preparation of a detailed business plan. In the mean time, sector information about the proposed business, service providers for the proposed business such a corporate lawyer and an accountant will be given to the candidate to set them for success.
  • The first step of the application process is usually to file an Expression of Interest to the application portal of the province.
  • If a candidate receives an invitation to apply for a provincial nominee certificate as an investor, we will start working on the application with the contribution of other service providers.
  • If a candidate receives a first stage approval from the province, the province issues work permit support letters to the candidate and their key foreign employees as well as their family members. Work permit applications need to be submitted to Immigration, Refugees and Citizenship Canada.
  • Once work permits are obtained, the candidate and the key employees can arrive in the province to establish the business within the given time frame. After that, between a year to 18 months, the business will be audited by the province to determine whether the applicant meets with terms of their performance agreement for the final approval.
  • When the candidate receives a Provincial Nominee Certificate, the candidate can apply for Permanent Residence to Immigration, Refugees and Citizenship Canada.

These steps are not exactly the same for all provinces. The aim here is to provide information about the overview of the process.

Canadian Citizenship Applications

Requirements for Canadian Citizenship Applications for adults:

  • Be physically present in Canada a total of 3 years in the last 5 years. Note that there are some exemptions to this rule. If you came to Canada on a temporary resident visa, such as a study permit or work permit, and later became a permanent resident, each full day spent in Canada as a temporary resident can be counted as half a day towards to your Citizenship application for up to 365 days
  • Applicants between the ages of 18 and 54 must have a proof of English or French language ability
  • Applicants must file for a income tax returns minimum of 3 years in the last 5 years before you apply
  • Must not have any criminal record and must not be in prison
  • Must take and pass the Canadian Citizenship Test.
  • The procedure to be followed in the citizenship applications of minors and adopted children is different from the steps outlined above.

Permanent Resident Card Renewals

The initial Permanent Resident Card “PR Card” is issued by Immigration, Refugees and Citizenship Canada upon entry to Canada as a permanent resident.

A permanent Resident Card is valid for 5 years. Permanent residents traveling outside of Canada are required to carry this card with their passport when returning to Canada. Permanent residents cannot travel to Canada if their permanent resident card is expired.

A renewal of permanent resident card application needs to be sent before the existing card expires. However, a permanent resident must comply with the residency obligation in order to maintain their permanent resident status and be able renew their permanent resident cards. A permanent resident must be physically in Canada for 730 days of the last 5 five years at the time of the application for renewal.

There are many issues that a PR card holder may encounter such as residency obligations, exceptions to the general rule, the number of days being in Canada, travel history, residency obligation and minors, loosing permanent resident status, appeals and some of the legal issues around PR Card renewals. We would be happy to provide advice on your obligations as a permanent resident and help you avoid costly mistakes.

I like to continue providing professional services to my clients after they become permanent residents with regards to renewal of Permanent Resident Cards and Canadian Citizenship applications for a smooth transition from Permanent Residence to Citizenship.

Appeals

Appeals to Immigration Appeal Division

The type of appeals to the Immigration Appeal Division are:

  • Sponsorship appeals
  • Appeals of removal order from Canada
  • Residency obligation appeals
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