Immigration Law Available services
* Family Law Criminal Law Real Estate Immigration Law Personal Injury Wills and Estates Employment Law Business and Commercial Law Others
To be eligible, individuals who wish to immigrate to Canada must have a close relative willing to sponsor them and that relative must either be a Canadian citizen or a Canadian permanent resident1. The relationship between the Sponsor and the Sponsored Person (the family class immigrant)must fall within one of the following categories:# Spouse, common-law partner, or conjugal partner; or# Parent or grandparent; or# Canadian permanent residents (limited to one relative only).# Intended adopted child under 18 years of age; or# Orphaned,unmarried, and under 18 years of age brother, sister, nephew, niece, or grandchild; or# Other relative, if the Sponsor has no relative listed above and no relatives who are Canadian citizens;or# Dependent child.
2. In addition to being a Canadian citizen or Canadian permanent resident, the Sponsor must meet certain other requirements of family Sponsorship.3. Also, the Sponsor must be: at least 18 years old; not bankrupt; not under a removal order if a permanent resident; not in prison and not charged with a serious offence.
Family Sponsorship processing times vary from one Canadian Immigration Visa office to another as do the processing fees. The Sponsor and Sponsored Person(s) must follow the appropriate Canada Family Class Immigration application process.
Business Class Applicants Under the new Simplified Process Introduced for Skilled Worker and Business Class Applicants on September 1,2006, applications for permanent residence can be initiated by submitting a three-page form and the processing fee. CIC will then contact the applicant at a later time to complete the usual forms and provide the documents needed to support the application
Work Permit
A work permit must be applied for outside of Canada. In most cases, it is a prerequisite to obtain a job offer from a Canadian company and to have that job offer approved by the Canadian Human Resources, Service Canada, before a visa will be issued.
Employment must be obtained in Canada. Thereafter, the applicants can Contact our Law Office where we can assist in the application process for a temporary Canadian work permit visa.
The process of having the job offer approved requires that the employer demonstrate to Service Canada why they could not find a Canadian to fill the position. For example, the employer could show that they advertised in the newspaper in an attempt to fill the position but were unable to find any Canadian who was qualified for the position. These requirements may be relaxed where the Occupation is listed as being an Occupation under Pressure, recognizing there is a skill shortage in that occupation. In this regard, it should be noted that the foreign worker program is geared toward high skilled occupations where there is a shortage of skilled Canadians to fill the needs of the labour market.Caregiver Class
Live-in caregiver is an occupation in which the person resides in a Canadian household and provides child care, senior home support care or care to disable persons. This category is suitable to individuals who are currently working or are interested in working as a live-in caregiver. Under live-in caregiver class, unlike skilled worker class, you are not required to have point assessment and the process in getting a permanent resident visa is different from the skilled worker class.
Applicants under live-in caregiver class must go through the following two steps to get a permanent resident visa.
1.Obtain a work permit as a live-in caregiver and have experience as live-in caregiver in Canada;
2. Apply for a permanent resident visa in Canada.
After the application for a permanent resident visa is approved, an open work permit may be issued. Applicants may engage in an occupation other than live-in caregiver in Canada before and after a permanent resident visa is issued, depending on the circumstances.
Student Visa
Those who wish to study in a Canadian school, for example at a college or university may apply for a Study Permit which will allow the applicant to remain in Canada as a temporary resident for the duration of their study. If a person has been accepted into a three-year university program he or she may be able to obtain a study permit valid for three years. The qualified applicant must have been formally admitted into a Canadian school and be able to prove that they have sufficient funds to pay for their studies and living expenses during their time in Canada. Interested applicants may complete and submit the on line Application Form.Visitor Visa
Persons who wish to visit Canada for business or for tourism should obtain a Temporary Resident Visa, or visitor visa, before doing so. Citizens of some countries are exempt from this requirement but most are not. Visitor visas are usually valid for six months an may be extended from within Canada. They may be single or multiple entries. In assessing whether to grant a visitor visa to an applicant the Canadian immigration authorities will assess whether the prospective visitor has a valid reason for visiting, has enough money to pay for the visit, and is likely to return to their home country at the end of their visit.
Provincial Nominees
Each of the ten provinces in Canada has their own small immigration program. Through these programs the provincial governments nominate a certain number of immigrants each year. Each province with a nominee program has set up a different assessment system that chooses immigrants based on the labor market and economic needs of that province.
The advantage of the Provincial Nominee programs is that they provide a way for certain persons who do not qualify under the federal rules to otherwise immigrate to Canada. For example, some provinces encourage entrepreneur immigration by business people who would not have sufficient net worth to qualify under the federal program. It can also be easier for skilled workers to qualify under the provincial nominee programs, but in all cases a prospective skilled immigrant must first obtain a job offer in the specific province in order to qualify.
REFUGEE CLAIM
Persons who are in Canada may apply for refugee status. A special tribunal, the Immigration and Refugee Board, will conduct a hearing to determine if the claimant is in need of refugee protection based on definitions contained in the Canadian Immigration and Refugee Protection Act (IRPA). These definitions are derived from the United Nations Convention Relating to the Status of Refugees, the United Nations Convention against Torture, and from the Canadian definition of "risk to life or of cruel and unusual treatment or punishment".Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,
(a) are outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themselves of the protection of each of those countries; or
(b) do not have a country of nationality, is outside the country of their former habitual residence and are unable or, by reason of that fear, unwilling to return to that country.
1.Humanitarian Compassionate Application
A Humanitarian and Compassionate application is a type of in-Canada application for permanent residence. It is intended for persons who cannot return to their home country to apply for immigration through the standard categories for any of the following reasons: persecution, war, abuse, etc.
2.Sponsored Refugees
Organizations and groups of Canadian citizens can sponsor refugees from abroad. These sponsors commit to providing the necessities of life, such as food and housing, for the sponsored refugee for a period of one year after they arrive in Canada. There are three types of eligible sponsors:
(1) organizations who have signed sponsorship agreements with the Canadian government;
(2) groups of five Canadian citizens or permanent residents who join together to sponsor a refugee;
(3) community sponsors, which are community organizations who have the necessary finances to act as sponsor. In all cases, the sponsors must first obtain approval from Citizenship and Immigration Canada before they may act as sponsors3.Refugees Abroad
Citizenship and Immigration Canada selects refugee applications from abroad in certain circumstances. Every year, the Canadian government on its own initiative resettles thousands of refugees in Canada from abroad. It is also possible for a refugee to make an application for refugee status in Canada if they have fled their home country and are living in another country other than Canada where they continue to be in a situation of serious danger. In addition, there are several designated "source countries" where people who are citizens of that country and are in serious danger to their lives or safety may apply directly to a Canadian embassy or consulate for refugee status
Appeals to Immigration and Refugee Board
Where a negative decision by the immigration authorities directly affects permanent residents or those who have been determined to be refugees, there may be recourse by way of appeal to the Immigration Appeal Division of the Immigration and Refugee Board. These include:1. Appeals by sponsors. In situations where a Canadian citizen or permanent resident has attempted to sponsor a family member and the application was rejected by the Immigration authorities, an appeal is available.
2. Appeals by permanent residents. In situations where a permanent resident has been found to be inadmissible and is ordered to leave Canada,an appeal may available.
3. Appeals by refugees. In situations where a person who has been granted refugee protection has been found to be inadmissible and is ordered to leave Canada,an appeal may be available.
4. Residency appeals. In a situation where a permanent resident who is overseas is found not to have fulfilled the residency requirement, an appeal can be made against such a finding to the Board.
An appeal must be made within 30 days of the negative decision. It is very important to act quickly to preserve your appeal rights.
* Family Law Criminal Law Real Estate Immigration Law Personal Injury Wills and Estates Employment Law Business and Commercial Law Others
To be eligible, individuals who wish to immigrate to Canada must have a close relative willing to sponsor them and that relative must either be a Canadian citizen or a Canadian permanent resident1. The relationship between the Sponsor and the Sponsored Person (the family class immigrant)must fall within one of the following categories:# Spouse, common-law partner, or conjugal partner; or# Parent or grandparent; or# Canadian permanent residents (limited to one relative only).# Intended adopted child under 18 years of age; or# Orphaned,unmarried, and under 18 years of age brother, sister, nephew, niece, or grandchild; or# Other relative, if the Sponsor has no relative listed above and no relatives who are Canadian citizens;or# Dependent child.
2. In addition to being a Canadian citizen or Canadian permanent resident, the Sponsor must meet certain other requirements of family Sponsorship.3. Also, the Sponsor must be: at least 18 years old; not bankrupt; not under a removal order if a permanent resident; not in prison and not charged with a serious offence.
Family Sponsorship processing times vary from one Canadian Immigration Visa office to another as do the processing fees. The Sponsor and Sponsored Person(s) must follow the appropriate Canada Family Class Immigration application process.
Business Class Applicants Under the new Simplified Process Introduced for Skilled Worker and Business Class Applicants on September 1,2006, applications for permanent residence can be initiated by submitting a three-page form and the processing fee. CIC will then contact the applicant at a later time to complete the usual forms and provide the documents needed to support the application
Work Permit
A work permit must be applied for outside of Canada. In most cases, it is a prerequisite to obtain a job offer from a Canadian company and to have that job offer approved by the Canadian Human Resources, Service Canada, before a visa will be issued.
Employment must be obtained in Canada. Thereafter, the applicants can Contact our Law Office where we can assist in the application process for a temporary Canadian work permit visa.
The process of having the job offer approved requires that the employer demonstrate to Service Canada why they could not find a Canadian to fill the position. For example, the employer could show that they advertised in the newspaper in an attempt to fill the position but were unable to find any Canadian who was qualified for the position. These requirements may be relaxed where the Occupation is listed as being an Occupation under Pressure, recognizing there is a skill shortage in that occupation. In this regard, it should be noted that the foreign worker program is geared toward high skilled occupations where there is a shortage of skilled Canadians to fill the needs of the labour market.Caregiver Class
Live-in caregiver is an occupation in which the person resides in a Canadian household and provides child care, senior home support care or care to disable persons. This category is suitable to individuals who are currently working or are interested in working as a live-in caregiver. Under live-in caregiver class, unlike skilled worker class, you are not required to have point assessment and the process in getting a permanent resident visa is different from the skilled worker class.
Applicants under live-in caregiver class must go through the following two steps to get a permanent resident visa.
1.Obtain a work permit as a live-in caregiver and have experience as live-in caregiver in Canada;
2. Apply for a permanent resident visa in Canada.
After the application for a permanent resident visa is approved, an open work permit may be issued. Applicants may engage in an occupation other than live-in caregiver in Canada before and after a permanent resident visa is issued, depending on the circumstances.
Student Visa
Those who wish to study in a Canadian school, for example at a college or university may apply for a Study Permit which will allow the applicant to remain in Canada as a temporary resident for the duration of their study. If a person has been accepted into a three-year university program he or she may be able to obtain a study permit valid for three years. The qualified applicant must have been formally admitted into a Canadian school and be able to prove that they have sufficient funds to pay for their studies and living expenses during their time in Canada. Interested applicants may complete and submit the on line Application Form.Visitor Visa
Persons who wish to visit Canada for business or for tourism should obtain a Temporary Resident Visa, or visitor visa, before doing so. Citizens of some countries are exempt from this requirement but most are not. Visitor visas are usually valid for six months an may be extended from within Canada. They may be single or multiple entries. In assessing whether to grant a visitor visa to an applicant the Canadian immigration authorities will assess whether the prospective visitor has a valid reason for visiting, has enough money to pay for the visit, and is likely to return to their home country at the end of their visit.
Provincial Nominees
Each of the ten provinces in Canada has their own small immigration program. Through these programs the provincial governments nominate a certain number of immigrants each year. Each province with a nominee program has set up a different assessment system that chooses immigrants based on the labor market and economic needs of that province.
The advantage of the Provincial Nominee programs is that they provide a way for certain persons who do not qualify under the federal rules to otherwise immigrate to Canada. For example, some provinces encourage entrepreneur immigration by business people who would not have sufficient net worth to qualify under the federal program. It can also be easier for skilled workers to qualify under the provincial nominee programs, but in all cases a prospective skilled immigrant must first obtain a job offer in the specific province in order to qualify.
REFUGEE CLAIM
Persons who are in Canada may apply for refugee status. A special tribunal, the Immigration and Refugee Board, will conduct a hearing to determine if the claimant is in need of refugee protection based on definitions contained in the Canadian Immigration and Refugee Protection Act (IRPA). These definitions are derived from the United Nations Convention Relating to the Status of Refugees, the United Nations Convention against Torture, and from the Canadian definition of "risk to life or of cruel and unusual treatment or punishment".Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,
(a) are outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themselves of the protection of each of those countries; or
(b) do not have a country of nationality, is outside the country of their former habitual residence and are unable or, by reason of that fear, unwilling to return to that country.
1.Humanitarian Compassionate Application
A Humanitarian and Compassionate application is a type of in-Canada application for permanent residence. It is intended for persons who cannot return to their home country to apply for immigration through the standard categories for any of the following reasons: persecution, war, abuse, etc.
2.Sponsored Refugees
Organizations and groups of Canadian citizens can sponsor refugees from abroad. These sponsors commit to providing the necessities of life, such as food and housing, for the sponsored refugee for a period of one year after they arrive in Canada. There are three types of eligible sponsors:
(1) organizations who have signed sponsorship agreements with the Canadian government;
(2) groups of five Canadian citizens or permanent residents who join together to sponsor a refugee;
(3) community sponsors, which are community organizations who have the necessary finances to act as sponsor. In all cases, the sponsors must first obtain approval from Citizenship and Immigration Canada before they may act as sponsors3.Refugees Abroad
Citizenship and Immigration Canada selects refugee applications from abroad in certain circumstances. Every year, the Canadian government on its own initiative resettles thousands of refugees in Canada from abroad. It is also possible for a refugee to make an application for refugee status in Canada if they have fled their home country and are living in another country other than Canada where they continue to be in a situation of serious danger. In addition, there are several designated "source countries" where people who are citizens of that country and are in serious danger to their lives or safety may apply directly to a Canadian embassy or consulate for refugee status
Appeals to Immigration and Refugee Board
Where a negative decision by the immigration authorities directly affects permanent residents or those who have been determined to be refugees, there may be recourse by way of appeal to the Immigration Appeal Division of the Immigration and Refugee Board. These include:1. Appeals by sponsors. In situations where a Canadian citizen or permanent resident has attempted to sponsor a family member and the application was rejected by the Immigration authorities, an appeal is available.
2. Appeals by permanent residents. In situations where a permanent resident has been found to be inadmissible and is ordered to leave Canada,an appeal may available.
3. Appeals by refugees. In situations where a person who has been granted refugee protection has been found to be inadmissible and is ordered to leave Canada,an appeal may be available.
4. Residency appeals. In a situation where a permanent resident who is overseas is found not to have fulfilled the residency requirement, an appeal can be made against such a finding to the Board.
An appeal must be made within 30 days of the negative decision. It is very important to act quickly to preserve your appeal rights.
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