EXPERIENCED IMMIGRATION LAWYERS SERVING MILTON AND HALTON

VISITING CANADA – VISITOR VISA

Temporary Resident Visa/Visitor Visa (Outside Canada)
Citizens of certain foreign countries need a Temporary resident visa to enter Canada as a tourist. It can be a Single-Entry visa (one entry only), Multiple-entry visa (multiple entries subject to the validity of the visa) or a Transit Visa (for travelers stopping in Canada for less than 48 hours).

Temporary Resident Visa/Visitor Visa (Inside Canada)
Holders of a valid Study permit or a Work permit in Canada require a visa to travel outside and return to Canada. This visa will have the same validity as the respective permit. A temporary resident will not be allowed to re-enter Canada without a valid Temporary Resident Visa, even if their permit is valid.

Visitor Record
Generally known as a Visitor Visa Extension, it is issued when a visitor in Canada applies for an extension of stay under the Temporary Resident Visa. Some students or workers may also apply for a Temporary Resident Visa if they need to stay in Canada for a longer term after the expiry of their study permit or visitor visa.

Super Visa for Parents and Grandparents
This visa is issued to parents or grandparents of permanent residents or citizens of Canada. This allows the applicants to stay in Canada for up to 5 years on a single entry. There is a minimum necessary income requirement for the sponsor(s) and a mandatory health insurance requirement for the applicant(s).

Business Visitor
Business visitors may enter Canada on a Temporary Resident Visa to conduct permitted international business activities in Canada without entering the Canadian Labor Market. The permitted business activities include attending meetings, seminars, conferences etc. They must declare the purpose of their visit at the port of entry to be admitted to Canada. Business visitors must prove that their main source of income and their main place of business are located outside Canada.

Electronic Travel Authorization
This authorization is required by the foreign nationals from visa-exempt countries (https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/entry-requirements-country.html#visaExempt), looking to enter Canada by air.

STUDY IN CANADA – STUDENT VISA

An applicant may enter Canada to study at a Designated Learning Institution (DLI) after being accepted in one. The applicant needs to prove that they have access to sufficient funds to cover their expenses during the stay. Students from some countries like China, India, Vietnam and Philippines may be eligible for processing under Student Direct Stream.

WORK IN CANADA – WORK VISA

Post-Graduation Work Permit
Students who have graduated from Designated Learning Institutions may apply for a post-graduation work permit to gain Canadian Work Experience that may eventually help them in their application for permanent residence. The length of a post-graduation work permit depends upon the duration of applicant’s study in Canada. The program of study must be a minimum of eight months to apply for a PGWP.

Spousal Open Work Permit
The spouses of full-time international students in Canada, or of a foreign worker in Canada working in a skilled job may apply for an open work permit, valid till the length of their spouse’s respective permit.

International Experience Canada
This program is for eligible foreign nationals from over 30 countries to work in Canada. This is popularly known as the working holiday program and includes young people between the ages 18 to 35, depending upon the country of origin. 

Other Work Permits

• In-Canada Permanent resident applicants may apply for a bridging open work permit till their permanent residency application is being processed.
• Some applicants may be eligible for a provincial nomination-based work permit.
• There are some LMIA-supported and LMIA-Exempt Work Permit categories. 

PERMANENT RESIDENCE: FAMILY SPONSORSHIP

Spouse, partner or dependent children
Canadian Citizens and Permanent Residents of Canada may be eligible to sponsor their spouses/common-law partners/ conjugal partner and/or their dependent children for permanent residence in Canada. The applicants may be inside or outside Canada. Eligible applicants from inside Canada may also apply for an open-work permit along with a sponsorship application.

Parents and grandparents
This program allows Canadian citizens and permanent residents to sponsor their parents or grandparents for permanent residence in Canada. It is a lottery-based system and there is a limit on the number of applications accepted each year. The sponsors need to meet the minimum LICO threshold for three years to be eligible under this program.

Relatives
Canadian citizens or permanent residents may sponsor relatives like brother, sister, nephew, niece or grandchild or other relatives in very specific situations. Please contact us to find out more. 

Adopted Child
Canadian citizens and permanent residents may sponsor their adopted children for permanent residence in Canada. The adoptions will be governed by the laws of the country of adoption and inter-country adoptions qualify for the program.

PERMANENT RESIDENCE – ECONOMIC IMMIGRATION

Express Entry
Candidates for Express Entry are awarded up to 1200 points under a comprehensive ranking system (CRS) meant to identify eligible candidates, who enter a common pool. The candidates become eligible for entering the pool based on factors like their age, educational qualification, work experience, language proficiency, ties in Canada, offer of employment etc. A round of invitations is conducted almost every second week and the candidates above a certain cut-off score receive an “Invitation to Apply” after which they will have 60 days to complete an application for Permanent Residence in Canada. 

In order to be eligible for Express entry, the applicant must qualify for any of the streams below:

• Canadian Experience Class
  To qualify under this category, the applicants must obtain at least one year of full-time skilled work experience in Canada within the last three years of application. 
• Federal Skilled Workers
  This stream allows candidates form outside Canada with one year of skilled experience to enter the express entry pool. These candidates need to first meet the 67-point requirement, which is different than the CRS score requirement. 
• Federal Skilled Trades
  Skilled tradespeople having at least two years of experience in the preceding five years of the application may qualify for this stream. 
• Provincial Nominees
  Canadian Provinces conduct draws targeting eligible candidates from the express entry pool and invite them to apply for nomination, which when approved gives the candidate an additional 600 points in the express entry and they may then receive a federal invitation in the express entry profile. The eligibility requirements vary from province to province.
    

Atlantic Immigration Pilot Program
This program allows the applicant to come to Atlantic Canadian provinces, particularly New Brunswick, Nova Scotia, Newfoundland and Labrador, and Prince Edward Island to work and settle. This program is an employer-driven program. All principal applicants under the program must have a job offer from a designated employer and an individualized settlement plan for themselves and their family. 

Caregivers
Caregivers may qualify for one of the three Caregiver Programs in Canada through these options to work temporarily or become a permanent resident of Canada- Live-in Caregiver Program, Home Child Care Provider, Home Support Worker Pilot. The eligibility requirements for these programs vary. 

Rural & Northern Immigration Pilot
The Rural and Northern Immigration Pilot (RNIP) is a community-driven program for applicants who have received a recommendation from community members, have obtained a job offer within that community’s jurisdiction, and meet requirements in terms of education and language skills.

PERMANENT RESIDENCE – H&C CONSIDERATIONS

Permanent Residence based on Humanitarian & Compassionate Considerations is granted only in exceptional circumstances. There are certain legal tests to it e.g. degree of establishment in Canada, best interests of a child in Canada, hardships the applicant will face if has to leave Canada etc. This is a very complex application and it is recommended that it be filed using legal expertise.

PERMANENT RESIDENCE – PROVINCIAL NOMINEE PROGRAM

All the provinces in Canada have multiple provincial nominee programs through which an applicant can apply for and be approved for a nomination from the province which assists in applying for permanent residence. These programs very from province to province and take various factors into consideration.

PERMANENT RESIDENCE – REFUGEE

An individual may apply for a refugee status if they have a well-founded fear of persecution upon returning to their country of citizenship or country of legal permanent residence and are able to demonstrate that the fear is personalized and not general and that their country is unable or unwilling to provide them with adequate protection. This application too is very complex and should be submitted with legal help.

PERMANENT RESIDENCE – INVESTMENT

Quebec Immigrant Investment Program
The Quebec Immigrant Investor Program is open qualified investors who possess net assets of at least CAD$2,000,000 alone, with spouse (including de facto spouse) and who undertake to live in Quebec and make an investment of $1,200,000 through an authorized financial institution in the province. Please contact us for further details.

PNP – Entrepreneur
Each province in Canada runs various programs at different times of the year based on specific provincial immigration needs and goals. For your qualification assessment, please contact us. 

PERMANENT RESIDENCE – MAINTAINING STATUS

PR Cards and Renewals
Permanent residents of Canada need a valid permanent resident status to re-enter Canada. Hence PR Card renewal is a mandatory. The applicants must have met their residency obligations to apply for a renewal. Permanent Residents are required to live in Canada for 2 out of every 5 years. The applicants will need to provide this information to prove their valid Permanent Resident status at the time of renewal application for a Permanent Resident card. This application can be made from inside Canada

PR Travel Document
If the applicant is outside Canada and has an expired PR card, they need to apply for a PR travel Document in order to re-enter Canada, provided that they have met their residency obligations. However, if they fail to meet their residency obligations, they may still be able to apply for a PR travel document based on H&C considerations. 

CITIZENSHIP

To be eligible to apply for Canadian Citizenship, an applicant must have resided in Canada for 3 out of the past 5 years immediately prior to their application. Applicants may count each day that they were present in Canada as a temporary resident or protected person before becoming a permanent resident as a half-day toward meeting the physical presence requirement for citizenship, up to a maximum of 365 days. The applicants must also have met their personal income tax obligations in the three relevant years in the five-year time frame. Also, applicants between the ages of 18 and 54 years are required to pass both a language and citizenship test. 

JUDICIAL REVIEWS, APPEALS AND INADMISSIBILITY HEARINGS

Judicial Review
JR is a two-stage process. The first stage, called the “leave” stage, involves a review of documents relating to your case by the Court to determine whether an error was made in the immigration official’s decision or whether the decision was unfair or unreasonable.

Once leave is granted by the Federal Court, the second stage begins, and “application for judicial review” is made. It is required to present persuasive arguments on the immigration official(s) rendered a wrong, unfair or unreasonable decision. Should the court be persuaded, the decision will be set aside, and the matter returned back for reconsideration. 

Appeals
Immigration appeals may be made by individuals who have been denied by the Immigration and Refugee Board of Canada. There are several reasons that an appeal may be allowed. If there was an error in law, or fact, in the decision or if the decision made was unreasonable or arbitrary, we can work to ensure that your appeal is properly heard.

Inadmissibility
Inadmissibility to Canada is an immigration matter that means that a person is barred from entering the country. There are different causes for inadmissibility- criminal history, medical issues, misrepresentation in the past. We can help you overcome any inadmissibility issues and you may be eligible to obtain permanent residence in Canada.