by Immilaw Team | Sep 20, 2021 | Study Abroad
The benefit of being an international student in Canada is that you can bring your family to Canada. Your spouse, common-law partner, dependent children are eligible for a work permit or study permit. Canada recognizes the importance of family ties and how complex separations can be. Hence, they allow you to bring your family with you even when studying in Canada.
Canada recognizes the importance of family ties and how complex separations can be. Hence, they allow you to bring your family with you even when studying in Canada.
Can I bring my spouse or common-law partner when I come to study?
You can bring your spouse or common-law partner to Canada on an open work permit. They can work full-time on this permit while you are studying. Therefore, they do not require a Labor Market Impact Assessment (LMIA).
Once you complete your studies, you can get a post-graduation work permit. Your spouse can renew the open work permit for the duration of your post-graduation work permit.
Can I bring my kids to Canada while studying?
International students can bring their dependent children to Canada while studying. Your dependent children are eligible to attend the free elementary and secondary schools in Canada. A study permit is not required.
Dependent children are children below the age of 19 years. Children above 19 unable to support themselves due to a particular physical or mental condition fall in the dependent category.
Can I stay in Canada on completion of my studies as an international student?
Studying in Canada increases your chances of becoming a permanent resident in Canada. Your experience as a student or worker in Canada makes you eligible for applying for permanent resident status. Your partner’s work experience is an added advantage while applying for PR. Proficiency in the English or French language also increases your eligibility.
You can immigrate to Canada permanently after completing your studies through the Federal Express Entry or Provincial Nominee Programs. A Comprehensive Ranking System (CRS) rates the candidates in the Express Entry pool and assigns individual CRS scores. The highest-ranked candidates receive invitations to apply (ITA) for Canadian permanent residency.
You can double the chances of receiving an ITA if both you and your spouse submit profiles to the Express Entry pool. Including a profile of your spouse, who has been living or working in Canada while you were studying, will increase your CRS score. In addition, your partner’s work experience can make them eligible to apply to the Express Entry pool as the principal applicant.
At ImmiLaw Immigration Law Professional Corporation, our immigration lawyers can help you bring your family to Canada. We can advise you on the best immigration program for your family. We can fast-track your application, and we can make submissions on your behalf. You may contact our office at 613-276-1454. Alternatively, you may send your query to us at info@immilawimmigration.com. We will schedule a consultation for you with one of our immigration lawyers.
by Immilaw Team | Sep 18, 2021 | Canada Immigration
The Provincial Nominee Programs permit each province and territory of Canada to select and nominate candidates for Canadian Permanent Residence. The Canadian provincial nominee programs allow the provinces to respond to their immediate needs. As a result, the provinces can fill the in-demand positions with skilled workers. The 80 different PNPs have their eligibility criteria. Many PNPs require the candidate to have some connection with the province. This could be work experience, studies, or a job offer from the province. On the other hand, some PNPs do not require any connection to the province and are ideal for candidates from outside Canada.
Easy provinces to get Canadian permanent residence in 2021:
SASKATCHEWAN’S INTERNATIONAL SKILLED WORKER
This PNP targets to bring in skilled workers to the province. Candidates with at least one year of experience in the jobs listed on the Saskatchewan In-Demand Occupations List are eligible for immigration.
Candidates must have a post-secondary educational qualification of a minimum of one-year duration and proficiency in English or French.
Saskatchewan International Skilled Worker Program has two streams for candidates from outside Canada.
- The Saskatchewan Express Entry stream, which requires an active Express Entry profile
- The Saskatchewan Occupation In-Demand stream, which does not require an Express Entry profile.
ALBERTA’S EXPRESS ENTRY STREAM
Alberta, the western province of Canada, is worth considering when you apply for Canadian permanent residence. In addition, the main cities of Calgary and Edmonton provide job opportunities.
The Alberta Express Entry stream selects the candidates from the Federal Express Entry Pool. They are then invited to apply for nomination by the province.
The primary benefit of this stream is that the CRS score is 300. This enables more candidates from the pool to qualify for nomination.
Receiving a nomination from the province increases the CRS score to 600. This guarantees an Invitation to Apply (ITA) for permanent residence in the Express Entry draw.
ONTARIO’S HUMAN CAPITAL PRIORITIES STREAM
Ontario, with its bustling city of Toronto and growing job market, attracts immigrants. The Human Capital Priorities Stream is the best option for candidates applying for permanent residence from outside Canada. This program selects skilled workers on priority to fill the skilled worker positions in the province.
The Human Capital Priorities Program works in tandem with the Federal Express Entry System. Candidates with active Express Entry profiles and CRS scores of 400 or more are eligible to apply. Ontario invites only a select number of the Express Entry profiles to apply for the PNP.
Ontario conducts draws targeting tech workers under the Human Capital Priorities Program. Candidates with work experience in any one of the six designated NOC codes are eligible. In addition, the province conducted three tech-specific draws inviting 4350 applicants.
Ontario has a PNP for French-Speaking Skilled Workers. Candidates with proficiency in French and with Express Entry profiles are eligible for immigration under this stream.
Which is the right PNP for you?
It is difficult for a candidate to choose an apt immigration program from more than 80 PNPs offered. Therefore, please do not hesitate to contact us to know more about Canada’s Provincial Nominee Programs (PNP) and the different ways to immigrate to Canada.
Immilaw Immigration Law Professional Corporation, being one of the leading Canadian immigration law firms, offers the best legal services related to immigration matters. At Immilaw, we assist international students, foreign entrepreneurs and investors, temporary foreign workers, and candidates seeking temporary or permanent residence status in Canada, ensuring the highest chance of success.
by Immilaw Team | Sep 17, 2021 | Canada Immigration
The
Canadian immigration policy recognizes the need for family unification and bonding. Hence, the second most prioritized category in the Canadian immigration policy is family unification, which is the objective of IRPA [s.3(d)]. Therefore, even if you are an international student, you can bring your family with you to study in Canada.
Categories of people who are eligible to bring their families into Canada:
- International Students/ Skilled Workers
- Post Graduate Work Permit (PGWP) holders
- Permanent Residents (PR) and Citizens
Eligibility criteria:
Spouses or common-law partners (Full-time students)
You must provide authentic documents to prove that you are a full-time international student’s spouse or common-law partner who holds a study permit from a post-secondary education institute.
The institutes can be:
- A trade or technical school
- Colleges
- Universities
- Any Canadian private institution authorized by the respective provincial statute to confer degrees (Bachelor’s, Master’s, or Ph.D.)
- CEGEP in Quebec
- A private institution governed by the same regulations as a public post-secondary institution in Quebec
- A public post-secondary institution in Quebec
- A private or public post-secondary institute offering diploma programs exceeding 900 hours in vocational studies or specialization in Quebec
You can take up employment in the general market without an LMIA, and you are eligible for open or restricted work permits (depending on the results of a medical examination). An offer of employment is not necessary for a work permit to be issued for spouses.
Spouses or common-law partners of open work permit holders (PGWP) [C41]:
The following documents should accompany the application for spouses.
- Documents to show that your spouse, the work permit holder/foreign worker, is employed at skill level 0, A, or B. This is necessitated as the IRCC cannot assess the skill level based on the open work permit alone.
- A copy of the principal worker’s current employment offer/contract or a letter from his current employer confirming his employment.
- Copies of the last three payslips.
Spouses or common-law partners of Permanent Residents or Citizens:
If you are a citizen or Permanent Resident (PR) of Canada, you can sponsor your spouse as a Permanent Resident. You do not have to apply for a work permit or a Temporary Resident Visa.
If you have any questions regarding sponsoring your family or want to know more clarifications, you can either give ImmiLaw Immigration a call or write to us. Our immigration lawyers are happy to help you and will clarify all your doubts regarding Canadian immigration.
by Immilaw Team | Sep 16, 2021 | Canada Immigration
According to popular newspaper reports, Canada’s vetting process is negatively impacting people’s chances of entering the country despite globalization providing them with additional means and opportunities for travel. Canada projects itself as a country always open to tourists and welcoming permanent residents. But on the other hand, the challenging and detailed immigration process makes it very difficult for new entrants and visitors to enter the country.
Canada refused entry to about 500,000 people in 2017, approximately 25% of the total number of applicants. In addition, the rate of refusal of visas for short stays has been steadily rising over the years. The purpose of short stays is usually tourism, business, attending conferences, or visiting family.
If your temporary resident visa has been refused, you can contact Immilaw Immigration for guidance. Only a Canadian Barrister / Solicitor can represent you in the Federal Court.
A few reasons that cause the Temporary Resident Visa or Visitor Visa to be refused are when:
- The purpose of the visit is not clearly specified
- Previous travel history is not detailed
- Family ties are not validated
- Home country/nationality status is not established
- Personal assets and financial situation are not provided
The temporary resident visa refusal can be challenged in the Federal Court of Canada. You can challenge the refusal within 15 days if the temporary resident visa has been refused in Canada and within 60 days if it has been refused outside Canada.
by Immilaw Team | Sep 15, 2021 | Canada Immigration
We, at Immilaw Immigration, can help when a candidate’s immigration case has been refused due to misrepresentation of facts or has received a procedural fairness letter. You can contact us to book a direct consultation with our lawyer to discuss the case confidentially.
What is Misrepresentation?
Misrepresentation means providing incorrect or false information about facts relating to essential matters. Section 40 of the Immigration and Refugee Protection Act states that a foreign national or a permanent resident is not permitted entry into Canada if relevant facts are misrepresented or withheld, as these facts could create an error in the administration of Canadian immigration laws.
A few cases of misrepresentation:
- Failure to declare that a visa to another country had been refused
- Providing a non-genuine document
- Stating false employment experience
- Non-mention of a family member
- Obtaining permanent residence by involving in a fraudulent marriage Immigration candidates have to ensure that their applications and supporting documents are valid, correct, and accurate. Innocent mistakes can sometimes occur, but providing false information or ‘misrepresentation’ is a punishable offense. The Immigration and Refugee Protection Act has now increased the term of inadmissibility into Canada from 2 to 5 years for misrepresentation.
What should I do on receipt of a Procedural Fairness Letter?
It is highly recommended that you contact a law firm on receiving a Procedural Fairness letter. Procedural fairness letters offer an ‘answer by’ period of 15 to 30 days, after which a misrepresentation ban is imposed. Responding to the procedural fairness letter is the only opportunity to explain yourself before the ban is imposed. Hence, it is better to contact a law firm to guide you before sending in the response. The response should provide a detailed explanation with supporting documents.
Can a misrepresentation ban be challenged in court?
All decisions made by the IRCC can be challenged in the Federal Court of Canada. The process in the Federal Court is called Judicial Review. This means that the federal court will only review the decision. Therefore, new evidence or details that were not placed before the visa officer earlier cannot be introduced or added to the court.
When can you challenge a misrepresentation ban in court?
The bans can be challenged only when there is clear evidence that the misrepresentation was either due to an innocent mistake by the applicant or a genuine error by the IRCC. Misrepresentation bans are tough to overcome. However, you can approach the Federal Court of Canada when no other alternative is available.
What is the time limit for approaching the Federal Court?
If you are sure that the misrepresentation ban has been wrongly imposed or unreasonable, you can challenge the IRCC ban within 15 days (if you are resident in Canada) and within 60 days (if you are residing outside Canada) of receiving the refusal letter.
