Immigration

Immigration laws in Canada (mainly the Immigration and Refugee Protection Act, and regulations enacted under it) are one of the most complex areas of Canadian legal jurisprudence. Choosing the right immigration lawyer and suitable immigration category are the most vital decisions an applicant has to take. Trivial mistakes can delay or even derail an application. Your application may be rejected simply for not knowing an important fact about procedure or law. Moreover, changes in immigration laws and regulations occur swiftly and often dramatically, and information about these changes is often too informal or is hard to discover and understand. We, being lawyers trained and experience in Canadian legal system, have a thorough understanding of such changes, and apply our resources to every new client file in ways that maximize the chances of success. We are available to advise our clients at every stage of application process, such as eligibility assessment, preparation of application, completing forms, getting supporting documents in order, medical examinations, criminality clearance, and most importantly handling correspondence with relevant visa office.  

Below are some of the immigration categories and areas where we can provide our professional legal services:


CITIZENSHIP APPLICATIONS: In order to be eligible to apply for Canadian citizenship, you must have been physically present in Canada as a permanent for at least 1095 days during the five years right before the date you sign your application. You may be able to use some of your time spent in Canada as a visitor, student, temporary worker towards your physical presence in Canada, but up to a maximum of one year. This physical presence obligation does not apply to children up to 18 years of age, provided a parent or guardian is applying for citizenship on child's behalf. There are certain other statutory requirements as well. Feel free to contact us and we can assist you to professionally prepare, submit and keep track of your citizenship application.


SPONSOR A SPOUSE OR COMMON-LAW PARTNER:

If you are a Canadian permanent resident or citizen, you may apply to sponsor your spouse, common law partner or conjugal partner to come to Canada. There are no income requirements, however you will be required to meet certain other program requirements. You can benefit from our vast experience in spousal applications, appeals and complications in these applications.


SPONSORING PARENTS:

If you are a Canadian permanent resident or citizen, you may apply to sponsor your parents to come to Canada. You will have to meet certain requirements including minimum income levels depending on your existing family composition. The Federal government of Canada presently accepts only those applications which have been selected in a draw. Presently the yearly quota for such applications is 10,000.

If you do not currently qualify to sponsor your parents, you should consider obtaining a Super Visa for your parents, which will allow them to stay with you in Canada for a longer period of time. See below for details.


SUPER VISA FOR PARENTS:

If you are a Canadian permanent resident or citizen, you may invite your parents or grand parents in Canada on Super Visa. This visa is for 10 years' duration, with a maximum single stay of two (2) years in Canada. You will have to meet minimum income level, and purchase at least one year's medical insurance in Canada for your parents. You parents may also have to take medical examination.

Click here to see income requirements for Super Visa. 


STUDENTS:

Canada is one of the top learning destinations for international students. Anyone enrolling as an international student on a course lasting more than six months in Canada will need a study permit. In order to apply for a study permit for Canada, you must have been accepted by a Designated Learning Institution (DLI) in Canada, you must prove that you have enough money to pay for your tuition fees and living expenses etc. You can only make an application for a study permit after you have received a Letter of Acceptance from your chosen DLI in Canada.Our professional services for students include:

  • Obtaining study permits;
  • Extending study permits;
  • Visa applications for spouse and children of students;
  • Student work permits (off campus, on campus, co-op work);
  • Working in Canada after graduation (post study work permits); and
  • Permanent residence and citizenship applications.


PERMANENT RESIDENTS:

Permanent residents living in Canada, or outside Canada, face different issues relating to immigration laws, such as falling short of residency obligations, criminal convictions, divorce and separation, sponsoring a dependent or relative, applying for citizenship etc. We can provide professional legal assistance through all these matters. Contact us in full confidence today.


BUSINESS PERSONS & INVESTORS: Many provinces and territories in Canada have designed their own Provincial Nominee Programs under which they nominate individuals for immigration to Canada. Different immigration categories are available under these programs for investors, business persons, entrepreneurs and farmers. Some provinces have very dynamic immigration programs for business investors. 

We can provide you professional legal assistance to apply under any of the following provincial programs specifically designed for business investors:

  • Ontario Immigrant Nominee Program (OINP) Entrepreneur Stream ($500,000 minimum investment)
  • Manitoba Provincial Nominee Program for Business ($150,000 minimum investment)
  • Manitoba Agriculture Farm Strategic Recruitment Initiative
  • Quebec Investor Immigration Program (minimum deposit of $800,000 with Quebec government).


QUEBEC INVESTOR IMMIGRATION: The province of Quebec has its own investor immigration program, through which you can obtain permanent residence of Canada along with your spouse and eligible children. To be eligible for this program, you must fulfill the following requirements:

  1. Have net assets of at least $1,600,000 (this can include land, property, shares, business assets etc.);
  2. Have business management experience (including farming, commercial or industrial business, or in a professional business;
  3. Intend to settle in Québec and invest $800,000 with a financial intermediary (broker or trust company) authorized to participate in the Investor Program. 

There are other factors as well which will be considered as part of overall assessment of your application, such as your age, the nature and duration of your professional training and your language skills. Contact us in full confidence for professional assessment, preparation, perfection and submission of your application. We would be pleased to assist you through all steps of your application, starting with initial assessment up to issuance of permanent residence visa and your landing in Canada.

We can prepare your business immigration application, assist you through the critical stages of application process, and guide you submit relevant documentary evidence. Contact us today to discuss your case in full confidence.


SELF-EMPLOYED: Under the Federal Self-employed category, persons having artistic, athletic or farm management experience can get permanent residence of Canada if they are able to make a significant contribution to the cultural or sporting life of Canada. Relevant experience will mean at least two years of experience as a self-employed person or participation at a world class level in art, culture, recreation, sport activities or farm management experience. Other selection criteria include education, age, Language ability (English/French), and adaptability. Examples of potential applicants under this category include authors and writers, journalists, producers, interior designers, directors, choreographers, composers, singers, photographers, athletes, coaches, and referees etc.


FEDERAL SKILLED WORKER (EXPRESS ENTRY): Under Federal Skilled Worker category, your application will be assessed on the basis of six selection factors including applicant’s education, age, language ability, work experience, arranged employment in Canada, and other factors showing your ability to smoothly settle in Canada (adaptability). Points are awarded under each selection factor, and in order to qualify you must score at least 67 points out of total 100 points.However, before you are judged against these six selection factors, you must fulfill some basic conditions as well, such as:

  1. Your work experience (obtained during last 10 years) must fall under type 0, A or B of the Canadian National Occupation Classification (NOC).
  2. You must meet minimum language requirement (English and/or French) and have demonstrated your language ability through an approved language test. In case of English, you must have achieved minimum IELTS score of 6.0 in each module and your language result report should not be older than two years on the date your application is submitted;
  3. Your education obtained out of Canada must be evaluated by an approved Canadian Credential Assessment agency, certifying equivalence of your foreign qualification against education level in Canada.
  4. You must show that you have enough funds available to support yourself and any dependents after arrival in Canada.
  5. You must not be inadmissible in Canada. This means you should never be involved in any crime or human rights violations, or in any other activity making you inadmissible in Canada. Possible grounds of refusal may include security concerns, health issues, financial reasons etc.

Scoring minimum 67 points and fulfilling other criteria mentioned above will not however guarantee that you will obtain permanent residence. Once you are score minimum 67 points, you will have to apply through the Express Entry system which has its own Comprehensive Ranking System (CRS) to select candidates who are invited to apply for permanent residence through Invitation to Apply (ITA). 


FEDERAL TRADE WORKER (EXPRESS ENTRY): This immigration stream allows individuals with work experience in a specific skilled trade (see list below) to obtain Canadian permanent residence. In order to qualify you must have at least two years (or equivalent) of full-time work experience in an eligible skilled trade obtained within last five years. You must also meet certain other requirements, such as:

  1. You must have a Certificate of Qualification from a provincial or territorial body in Canada OR a job offer from up to two employers in Canada; and
  2. You must have minimum language proficiency in English and/or French (Canadian Language Benchmark level 5 for speaking and listening, and level 4 for reading and writing), and you should be able to demonstrate your language skills through approved language test.

Only applicants having at least two years’ work experience in the following skilled trades are eligible to apply:

  1. NOC Group 72: Industrial, electrical and construction trades,
  2. NOC Group 73: Maintenance and equipment operation trades,
  3. NOC Group 82: Technical jobs in natural resources, agriculture and related production,
  4. NOC Group 92: Processing, manufacturing and utilities supervisors and central control operators,
  5. NOC Group 632: Chefs and cooks; and
  6. NOC Group 633: Butchers and bakers.


CANADIAN EXPERIENCE CLASS (EXPRESS ENTRY): Under this program temporary foreign workers in Canada can apply for permanent residence. If you are a temporary foreign worker with required duration of full-time skilled work experience in Canada, you may apply for Canadian permanent residence under this category. Skilled work experience means you should have worked for at least 12 months in Canada in a NOC skill type 0, A or B job.You must show your intention to live outside the province of Quebec, and must also fulfill minimum language requirements (English or French). In case of NOC skill type 0 and A jobs, language requirement is CLB 7. In case of NOC skill type B jobs, language requirement is CLB 5. 


TEMPORARY WORKERS: A Work Permit will allow someone to work temporarily in Canada. Work permit is issued to an individual who is not a citizen or permanent resident of Canada and who wishes to work temporarily in Canada. In case of nationals or residents of many countries, applicant will also have to obtain a temporary resident visa to travel to and work in Canada. You will have to submit an application at the relevant visa office, and will have to satisfy the visa officer that you meet the requirements of a temporary resident visa, such as:

  1. Your employer has obtained positive Labor Market Impact Assessment (LMIA) letter from Human Resources and Skills Development Canada (HRSDC);
  2. You will leave Canada at the end of your employment;
  3. You have sufficient funds to support your stay in Canada;
  4. You are not medically unfit to travel to Canada; and
  5. You have no adverse criminal history.

Your spouse and dependent children can also accompany you to Canada. If you are working in Canada on a work permit, and your existing job is extended or changes, you must apply to change conditions of your work permit. We can assist you achieve these tasks in a professional manner. Work permit only allows you to live in Canada temporarily. If you intend to live permanently in Canada and later get Canadian citizenship, you have to apply for permanent residence status either from within Canada while you are working here, or you can return back to your home country and apply for permanent residence. There are different options you can consider. For example, once you have gained work experience in Canada, you may qualify for Canadian permanent residence under the Canadian Experience Class, or one of the Provincial Nominee Programs offered by different provinces in Canada. 


OTHER CATEGORIES:

  • Visitor visas (including extension applications from within Canada)
  • Citizenship applications
  • Refugee claims
  • PR Card renewals
  • Appeals against immigration and refugee decisions


CONSULTATIONS: We also provide confidential and practical consultations, covering all immigration law issues. In many situations, it is worth having a consultation before preparing or submitting your visa or immigration application. During consultation sessions, we will listen to your specific issues and explain you relevant law, possible immigration categories, application checklists, procedural guidelines, and supporting documentation etc. Contact us today to book a private and confidential consultation session.