One of the most important aspects of the immigration process is the uncertainty and the critical decisions it involves. Whether you seek to study, work, or settle in Canada, having the right legal guidance is essential. You may find the whole process of the immigration journey daunting and thus look for expert guidance. However, with the rise of immigration fraud, it’s crucial to ensure that the expert you choose is qualified and trustworthy.
Immigration, Refugees, and Citizenship Canada (IRCC) manages and controls the immigration process in Canada. They authorize two types of representatives: Immigration Lawyers and Immigration Consultants. As an enthusiast planning to immigrate to Canada, you must know the roles and distinctions between the two types of professionals. And this will help you to make informed decisions about whom to hire for your immigration needs.
What You Must Know about Immigration Lawyer?
Immigration lawyers are licensed attorneys who have specialization in immigration law. They have to complete extensive legal training and can provide a wider range of services than consultants.
They provide legal advice, represent clients in court, handle appeals, and assist with complicated cases such as criminal inadmissibility or judicial reviews of immigration decisions. It is recommended to consult an Immigration lawyer if you are having complex cases where legal representation is required.
Immigration consultants can provide advice and assistance with the immigration process. The Immigration Consultants of Canada Regulatory Council (ICCRC) regulates them. They provide various services, such as assisting with visa applications, document preparation, and general guidance on immigration procedures. However, they cannot represent clients in court or provide legal advice on complex legal issues.
When choosing between an immigration consultant and an immigration lawyer, you must consider the complexity of your case and the level of legal representation you may need. For normal cases, an immigration consultant can be a cost-effective choice. However, if your situation involves legal challenges or requires court representation, an immigration lawyer is essential for navigating the complexities of the law effectively. So, everything revolves around your needs and circumstances; act wisely before finalizing your legal representative. You may contact us for further guidance and support.
Now, let’s find out more about how to ensure that the professional you choose is reputable and qualified to assist you with your immigration journey.
What to Look For in an Immigration Lawyer?
If you are looking for a legal representative, then you must check if they qualify and have experience in immigration law. You may verify their credentials by checking their:
Educational Background: Inquire where they obtained their law degree. Research the institution to confirm its credibility.
Law Degree: Immigration lawyers typically hold a Juris Doctor (J.D.) degree, which requires completing a bachelor’s degree and three years of law school.
Bar Association Standing: Check the lawyer’s status on the bar association’s website to ensure they are licensed to practice law.
Specialization: Some lawyers may have additional certifications or training in immigration law, which can enhance their expertise.
Experience: Ask about their experience with cases similar to yours, as this can be a significant factor in navigating complex immigration issues.
It is vital to confirm that these professionals are in good standing with their respective regulatory bodies. If they are not, it is advisable to seek assistance elsewhere, as using their services could jeopardize your immigration process.
You can also visit the province’s bar association website to determine if a professional is licensed to represent immigrants or provide immigration advice.
Who can represent you in your Immigration Application?
Lawyers: Lawyers must be members of a Canadian provincial or territorial law society or the Chambre des notaires du Québec. This ensures they have the legal authority to represent clients in immigration matters.
Paralegals (Ontario only): Paralegals must be members of the Law Society of Ontario and can provide limited immigration legal services, primarily related to advocacy before the Immigration and Refugee Board.
Immigration Consultants: Citizenship or immigration consultants must be members of the College of Immigration and Citizenship Consultants (CICC). They must meet specific educational and ethical standards to practice legally.
Why is an Immigration Lawyer’s Experience Crucial for Your Case?
Asking your immigration lawyer how long they have been practicing is crucial for several reasons. Their experience provides insight into their familiarity with complex immigration matters, which can ensure that they can navigate your case effectively. Experienced lawyers are more likely to have encountered various scenarios and challenges, allowing them to offer informed strategies tailored to your specific situation.
You may consider the following:
Years of Practice: Inquire about how long they have practiced Canadian immigration law. The number of years of practice can indicate their expertise level and familiarity with current laws and regulations.
Types of Cases Handled: You may ask what kinds of immigration cases they have worked on. A lawyer with experience in cases similar to yours may be better equipped to handle potential challenges.
Success Rate: While not always quantifiable, understanding their track record with past clients can provide additional assurance of their capabilities. You may directly ask them for previous success stories.
Determine your specific requirements before hiring an immigration lawyer. Immigration law covers family-based immigration, work visas, deportation defence, asylum applications, and naturalization processes. Identifying your category ensures you find a specialized lawyer and secure expert guidance for your case.
What is the Importance of Relevant Experience?
Inquiring whether your lawyer has handled cases similar to yours is crucial. This will give you a hint about their expertise and indicate their familiarity with the challenges that may arise in your situation. Successfully handling similar cases in the past shows they can create effective strategies tailored to your needs, improving your chances of a positive outcome.
Each case is unique and influenced by many factors, including changes in immigration policies, individual circumstances, and the discretion of immigration officials. So, always remember that even if a previous client had the same circumstances as you, there’s no guarantee your application will have the same outcome. The final decision rests with the discretion of the immigration officers.
What are the Expected Costs for Immigration Legal Services?
When considering the costs of hiring an immigration lawyer, you must know deeply about their fees and billing structure. Your immigration lawyer should provide you with a detailed contract outlining the expected costs and the services included.
Cost Breakdown
Many immigration lawyers charge for initial consultations ranging from CAD 100 to CAD 300 or more. Some may offer free consultations, depending on the case or for straightforward cases.
Lawyers may offer flat fees for specific services like visa applications or sponsorships, providing clarity on costs upfront. For instance, common-law partner sponsorship applications can range from CAD 2,500 to 7,000, depending on complexity.
Some lawyers may consider hourly rates, typically ranging from CAD150 to CAD 400 per hour, depending on the lawyer’s experience and location.
In some instances, particularly those involving deportation or appeals, lawyers might work on a contingency fee basis. Government processing fees are also to be noted as this may evolve.
You must review the contract thoroughly to understand the costs associated with your chosen immigration professional. Also, identify all fees, services included, and payment schedules closely to ensure there are no surprises during your Canadian immigration process.
What is your Role in the Immigration Process with a Lawyer?
After you hire an immigration lawyer, your active involvement remains crucial throughout the application process. Here are some of the roles and responsibilities that you may follow:
Active Participation: Even with a representative, you must participate in preparing your application. Wondering how? You may provide necessary documentation, complete language tests (if applicable), and share your complete work history.
Clear Expectations: Discuss with your lawyer what you can expect from them and what they expect from you. There should be clarity between the client and the lawyer to ensure a smooth collaboration.
Keep Listening: Your immigration lawyer will give a general description of the steps your application will go through. So, you must actively listen to what to anticipate at each stage and discuss potential challenges.
Double-check: As a hired immigration lawyer, they will guide you through the entire application process. You must also ensure the application is complete, accurate, and well-presented.
A reputable immigration lawyer will:
Communicate clearly and regularly.
Set realistic expectations about your case.
Be transparent about costs.
If you notice any red flags during the consultation, continue searching for a lawyer who upholds professionalism and ethical standards.
About Sindumole John Purush
(Barrister, Solicitor, and Notary Public)
Sindumole John Purush is the founding principal of ImmiLaw Immigration Law Professional Corporation. She presently practices and has extensive experience in immigration and refugee law. In addition to her first professional degree in law, she holds an LL.M. from Osgoode Hall Law School and an MA (Labour Studies) from McMaster University. Sindumole John is a Member of the Law Society of Upper Canada, the Ontario Bar Association, and the Canadian Bar Association.
For all your immigration needs, please feel free to contact us. Our dedicated team is ready to assist you with any questions or concerns regarding immigration processes.
Maintained status is a vital bridge for temporary residents in Canada who are awaiting a decision on their extension application. By applying before their current permit expires, visitors, students, and foreign workers can stay legally in the country without disruption.
Under the maintained status, individuals can continue working, studying, or staying as visitors. They remain under the same terms as their original permit until a decision is reached. This legal provision ensures continuity and provides peace of mind. Through this article, we delve into the details of what maintained status is, how it functions, and its implications.
What is Maintained Status under Canadian Law?
Under Canadian immigration law, Maintained status is a legal term that indicates temporary residents are allowed to remain in Canada while their application for an extension of their status is being processed. To qualify for Maintained status, temporary residents must apply for an extension of their work or study permit before their current permit expires.
What If You Apply to Extend Your Permit?
When a work or study permit extension application is submitted:
Temporary residents can maintain their jobs without interruption while awaiting a decision on their extension application.
Students can attend classes and participate in academic activities without any legal issues during this period.
However, Suppose an applicant seeks to switch from one type of permit to another (for example, from a work permit to a study permit). In that case, they cannot work or study until a decision is made on the new application.
What happens after your permit expires?
When a temporary resident’s permit expires they can:
Submit an extension application before expiration and benefit from maintained status; then, they can stay legally in Canada.
Maintained status covers any gap between the expiry of the old permit and the issuance of the new one, preventing any status violation.
Immigration officers recognize maintained status when assessing PR applications.
The new permit typically indicates that the individual maintained their legal status during the interim period.
Can I Travel Outside Canada while on Maintained Status?
Always keep in mind that Maintained status is valid only within Canada. However, you may leave the country with some sort of restrictions mentioned below:
Re-entry as a temporary resident is possible only for those with a valid Temporary Resident Visa (TRV) or who are TRV-exempt.
Upon re-entry, individuals cannot resume work or study until a final decision is made on their extension application.
For instance, a student awaiting a study permit extension can leave Canada but won’t be able to resume studies until the new permit is issued. It is highly recommended to remain in Canada during this period.
How Can You Prove Your Maintained Status at the Border?
If you re-enter Canada on Maintained status, you must produce the following documents:
Application Status: Provide application evidence like Acknowledgment of receipt (AOR) if applied online or application copy and proof of delivery if it’s a paper submission.
Financial Proof: You must produce financial stability status such as bank statements, pay stubs, or other documentation to support yourself while awaiting the decision on your application.
How Are Application Dates and Times Determined?
Immigration, Refugees, and Citizenship Canada (IRCC) utilize Coordinated Universal Time (UTC) to ensure fairness in application processing across different time zones. You must submit applications before midnight UTC on the day the current status is set to expire.
The applicant loses their Maintained status rights if an application is received after midnight UTC on the expiry date.
Failing to submit an application before the specified deadline results in the loss of Maintained status. which can affect an individual’s ability to remain in Canada legally while waiting for a decision on their extension application
Frequently Asked Questions
What is the significance of maintained status in Canada? Maintained status allows individuals or families to stay in Canada legally while their application for an extension of a previous permit is processed. They do not lose their legal status during this time.
When does maintained status begin? Maintained status begins automatically upon the expiration of a previous permit if an extension application has been submitted.
Can I continue working if I apply for a work permit extension? Yes, of course, if you apply for an extension with the same employer before your current permit expires, you can continue working under the same conditions.
What happens if I apply for a work permit with a different employer? If you apply for a work permit with a different employer, you must stop working when your previous permit expires and wait for the decision on your new application.
As a student, can I continue studying while on maintained status? Yes, students can continue studying under their previous study permit conditions if they apply for an extension before it expires.
What to do if my application is refused while on maintained status? If your application is refused, you will be out of status in Canada. Depending on your situation, you can apply for restoration of status.
Can I leave Canada while on maintained status? Yes, individuals can leave Canada while on maintained status and may re-enter as temporary residents if they have a multiple-entry visa or are TRV-exempt.
How can I prove my maintained status? Proof of your application for an extension is generally accepted as proof of maintained status, provided it was submitted while your previous permit was valid.
What if there’s a gap in dates between my permits? You may notice gaps in dates between your permits. However, the renewed permit usually states that you maintained your status until the new one was issued.
What if my previous permit expires before I receive a decision? If your previous permit expires and you have applied for an extension, you remain on maintained status until a final decision is made, allowing you to stay in Canada legally.
You may contact us for immigration-related concerns. Our team at ImmiLaw Immigration is ready to assist you with your immigration needs, including visa applications, study permits, and permanent residency options. With our immigration lawyer, you will receive expert guidance that simplifies the complexities of the immigration process and ensures that your application is completed accurately and submitted on time.
Are you looking to bring your parents or grandparents to Canada? Many families face this big decision, and figuring out the best way to do it can be a bit tricky. You have two options: the Super Visa and the Parents and Grandparents Program (PGP).
Each pathway has its features and benefits, and it all depends upon which one fits your family’s needs. Whether you want them to visit for a while or settle down permanently, understanding these programs will help you make the right choice.
The blog will discuss the ins and outs of these programs and help you determine which one best meets your family’s needs.
Feature Super Visa Parents and Grandparents Program (PGP)
Feature
Super Visa
PGP
Duration of Stay
Up to 5 years per entry
Permanent
Work Authorization
Not allowed
Allowed
Study Authorization
Not allowed
Allowed
Tax Residency
May be considered a resident
Considered a resident
Social Programs Access
Limited; sponsor covers costs
Eligible for programs
About Super Visa
The Super Visa is designed for parents and grandparents of Canadian citizens or permanent residents, allowing them to visit Canada for extended periods.
Key facts to note include the following:
Duration of Stay: Holders can stay in Canada for up to five years at a time without needing to renew their visa frequently.
Multiple Entries: The visa allows multiple entries over 10 years.
Eligibility Requirements: Sponsors must demonstrate sufficient income to support their relatives during their stay, provide proof of medical insurance coverage for at least one year, and establish relationships with the applicants.
About Parents and Grandparents Program (PGP)
The Parents and Grandparents Program allows eligible sponsors to bring their parents or grandparents to Canada as permanent residents.
Important aspects include:
Permanent Residency: Successful applicants gain PR status, allowing them to live, work, and study in Canada indefinitely.
Eligibility Criteria: Sponsors must meet minimum income thresholds for the past three years and sign a sponsorship agreement committing financial support.
Application Process: The PGP operates through a lottery system, making it highly competitive and offering limited opportunities yearly.
For a quick and temporary visit, the Super Visa is the best choice. It offers faster processing compared to the Parent and Grandparent Program, which is limited by a lottery system and annual intake caps. However, if your relatives are looking for long-term residency, applying for PR through the PGP is a better option.
Who is Eligible for the Super Visa and Parents and Grandparents Program?
To qualify for a Super Visa, your parents or grandparents must meet the following criteria:
Host Requirements:
They need a host who is their child or grandchild who must be:
A Canadian citizen, permanent resident, or registered Indian
At least 18 years old
Lives in Canada.
Capable of meeting the minimum necessary income requirements as per the family size.
A sponsorship agreement saying they are willing to provide financial support for the duration of their visit.
Health Insurance:
The Super Visa requires your parents or grandparents to obtain health insurance from either:
A Canadian insurance company, or
An insurance provider outside Canada approved by the Minister of Immigration, Refugees, and Citizenship.
Your parents or grandparents must purchase health insurance that meets these conditions:
Valid for at least one year from the entry date.
Purchased from either a Canadian insurance company or an approved foreign insurer.
Covers health care, hospitalisation, and repatriation
Provides at least $100,000 in emergency coverage
What are the minimum income requirements for a Super Visa?
To qualify for the Super Visa, sponsors must meet the minimum necessary gross income based on their family size.
Let us explore the income thresholds:
Family Size ( No. of Persons)
Minimum Gross Income (CAD)
1
29,380
2
36,576
3
44,966
4
54,594
5
61,920
These income levels ensure that sponsors have the financial capacity to support their parents or grandparents during their stay in Canada. You may contact us for more details and personalised needs.
Parents and Grandparents Program (PGP) Eligibility
To be eligible to sponsor your parents or grandparents through the PGP, you must meet the following criteria:
RCC must invite you to apply.
At least 18 years old.
Live in Canada and be a Canadian citizen, permanent resident, or registered Indian under the Canadian Indian Act.
Meet minimum income requirements
A sponsorship agreement stating you are willing to provide financial support for the duration of their visit.
What are the Income Requirements by Family Size for PGP?
To sponsor parents or grandparents under the PGP for the 2024 intake, sponsors must meet specific minimum income requirements based on their family size over the past three years.
Let us find out the minimum income requirements needed:
Family Size (People)
2021 Income (CAD)
2023 Income (CAD)
2023 Income (CAD)
2
32,898
43,082
44,530
3
40,444
52,965
54,743
4
49,106
64,306
66,466
5
55,694
72,935
75,384
6
62,814
82,259
85,020
7
69,934
91,582
94,658
Beyond 7 members, you must add more to every Additional Member.
How to Apply for PGP?
As an applicant, you must submit a letter of invitation from your child or grandchild residing in Canada. This letter should include:
A promise of financial support for the duration of the visit
A list of individuals included in the family size calculation, including names and dates of birth.
The total number of people in the household.
For Quebec residents, if IRCC approves the sponsorship application, they will instruct you to submit an undertaking application to the Quebec immigration ministry. It is crucial to wait to submit this application until IRCC provides confirmation, as premature submissions will not be processed.
What is the Application process for a Super Visa?
To apply for a Super Visa, the applicant must:
Be outside Canada at the time of application.
Have a Visa printed by a visa office
Have a child or grandchild who is a Canadian citizen or permanent resident living in Canada.
Not be inadmissible to Canada for health or security reasons.
Provide documents such as birth certificates that establish the relationship between the applicant and their child or grandchild.
Undergo a medical examination, with instructions provided by the visa office after application submission.
Prove they will voluntarily leave Canada at the end of their stay.
What are the key aspects related to visitor status for Super Visa?
Visitor Status Granted by Super Visa
The Super Visa grants visitor status only; holders are not authorized to work or study in Canada during their stay.
However, they may be considered residents of Canada for tax purposes, which requires them to file Canadian income tax returns annually.
Permanent Resident Status through PGP
There are many benefits for Sponsored individuals, including:
Sponsored parents and grandparents gain the legal right to live permanently in Canada.
They can work in Canada without restrictions
They have access to healthcare services in Canada
After fulfilling residency requirements, sponsored individuals can apply for Canadian citizenship
They can enjoy access to various Canadian social programs.
Their sponsor is responsible for covering any social assistance costs they receive during the undertaking period (20 years outside Quebec; 10 years in Quebec)
What are the processing times for PGP?
The cutoff date to apply for the 2024 intake of the PGP was August 2, 2024. Applicants for this intake were randomly selected from those who submitted their interest to apply in 2020.
The IRCC reports a processing time of approximately 24 months for those who have submitted their PGP applications.
There have been long wait times, and submitting an interest to sponsor form does not guarantee that a family member will receive an invitation to apply.
The IRCC aims to accept 20,500 complete applications from the 35,700 invitations from May 21, 2024.
What are the processing times for Super Visa?
There is no yearly cutoff date for applying for the Super Visa.
Once an application is submitted, it typically takes about three months or less to process.
While the PGP involves a lengthy process with significant wait times and no guaranteed invitation, the Super Visa offers a more immediate option for parents and grandparents visiting Canada.
How to calculate Family size for the PGP?
Sponsor’s Family Members
The Sponsor: The individual applying to sponsor their parents or grandparents.
Spouse or Common-Law Partner:
The sponsor’s spouse, even if they are separated (in most cases).
If the spouse or common-law partner is co-signing the application, include them for all three years of the undertaking.
If they are not co-signing, include them only for the years they meet the definition of a spouse or common-law partner.
Dependent Children
The sponsor’s dependent children.
The dependent children of the spouse or common-law partner
Any dependent children of the dependent children
Only include children for the years they meet the definition of a dependent child.
People Being Sponsored
Principal Applicant – The individual being sponsored (parent or grandparent)
Their spouse or common-law partner and their separated spouse unless either is in a common-law relationship with another person.
Dependent Children:
The principal applicant’s dependent children
The dependent children of their spouse or common-law partner
Any dependent children of the dependent children
Always remember that the calculation must encompass all family members of the principal applicant, even if they are not coming to Canada or are already permanent residents or Canadian citizens.
How to calculate Family size for the Super Visa?
Host and Their Family Members
The host
The host’s spouse or common-law partner, even if separated (usually).
Dependent children of the host and their spouse or common-law partner
You and any other Super Visa applicants applying at the same time (such as your spouse or common-law partner)
Children who meet the definition of a dependent child must be included regardless of custody and child support arrangements.
Previously Approved Super Visa Applicants
Include any previously approved Super Visa holders who were part of another letter of invitation signed by the host or their spouse/common-law partner that is still applicable.
Previously Sponsored Individuals
Include individuals for whom the host or co-signer has previously sponsored (or acted as a co-signer) where the duration of the undertaking is still in effect.
By accurately calculating family size for both programs, sponsors can ensure they meet income requirements and provide a complete application. You may contact us for a detailed consultation.
What Qualifies as a Dependent Child?
As per IRCC, a dependent child is:
who is younger than 22.
cannot be married or with no Common-Law Partner.
However, individuals aged 22 or older can qualify if:
They have depended on their parents for financial support before turning 22.
They cannot financially support themselves due to a mental or physical condition.
What documents are accepted to prove dependency?
Usually, the following documents are accepted to prove the legitimacy of the dependent relationship:
For Spousal Relationships
Marriage Certificate: A valid government-issued marriage certificate.
Joint Ownership Documents: Mortgage statements, bank statements, or lease agreements showing both names
Tax Returns: The first page of the most recent federal tax return indicating marital status.
For Domestic Partnerships
Domestic Partnership Registration: Proof of registration as a domestic partner
Proof of Financial Interdependence: Any three documents such as joint bank accounts, joint leases, or shared utility bills issued within the last 12 months.
For Parent-Child Relationships
Government-issued birth certificate: Must show the child’s parent(s) name(s).
Adoption Papers: Court-issued adoption decree and additional notarized documents if applicable.
Court Child Support Order: Shows the child’s parent(s) and confirms dependency.
Additional Supporting Documents
Proof of Cohabitation: Documents showing both parties reside at the same address, like utility bills or bank statements.
Affidavits or Notarized Letters: Confirming relationships, especially in cases with stringent requirements.
Now that you have enough details about both PGP and Super visas, you may be thinking about the expected fees required to sponsor your parents or grandparents through a PGP or Super visa. Let us break down the expected total costs for both pathways.
What will be the Estimated Fees for PGP and Super Visa?
Program
Fee Description
Amount (CAD)
Payment Timing
Super Visa
Visitor visa fee
100
Paid when applying
PGP
Sponsorship fee
85
Paid when applying
Principal applicant processing fee
$545
Paid when applying
Right of permanent residence fee
$575
Paid when an application is approved
Note: These fees are subject to change. Before applying, it is essential to check the official IRCC website for the most up-to-date information.
In conclusion, deciding between the Parents and Grandparents Program (PGP) and the Super Visa depends on what you need for your family. Suppose you want your parents or grandparents to visit Canada for long periods without becoming permanent residents. In that case, the Super Visa is a great option, allowing stays of up to five years. On the other hand, if you wish for them to live in Canada permanently, the PGP is the way to go. Consider your goals and circumstances carefully to determine which option best fits your family’s situation.
ImmiLaw Immigration Law Professional Corporation offers exceptional legal representation in immigration matters, particularly for those looking to sponsor their loved ones. Whether you are seeking to reunite with family members or navigate other immigration pathways, our team is committed to supporting your immigration journey at every step. Contact us for personalised needs and assistance.
Canada is an attractive destination for immigrants for various reasons, including its welcoming environment for newcomers, diverse opportunities for skilled workers, and high quality of life for all its residents. Additionally, the nation prioritizes social welfare with comprehensive healthcare and education systems that enhance the overall well-being of residents. The country makes it a sought-after location for those looking to build a better future for themselves and their families.
Sponsoring a spouse or partner for immigration to Canada is a crucial way to reunite families and allow loved ones to start a new life together. The Canadian spousal sponsorship program enables Canadian citizens and permanent residents to bring their spouses, common-law partners, or conjugal partners to Canada as permanent residents.
There are two main pathways for this process: Inland sponsorship for couples living together in Canada and Outland sponsorship for couples with one partner outside Canada. Each pathway has specific requirements, but both aim to ensure that relationships are genuine and that families can be together in Canada.
Who is eligible to sponsor a Spouse or Partner for Immigration to Canada?
Let’s check who is eligible to sponsor a spouse or partner for immigration to Canada.
Eligibility Requirements for Sponsors
Age: Sponsor must be at least 18 years old.
Status: Sponsor must be either a Canadian citizen or a permanent resident of Canada.
Legal Standing: The sponsor must not be:
In prison
Bankrupt
Under a removal order
Charged with a serious offence.
Previous Sponsorship: The sponsor should have sponsored only one spouse or partner within the last five years.
Sign a Financial Undertaking: Sponsor must sign a Financial Undertaking. This legally binds them to support their foreign national spouse or common-law partner for up to three years, even if the relationship ends.
What Basic needs must Sponsors provide for their Spouse or partner in Canada?
Basic needs for sponsored individuals refer to the essential requirements the sponsor must fulfil. As per IRCC, the basic needs include the following:
Everyday Essentials
Food: Provide adequate nutrition and meals.
Clothing: Ensure access to appropriate clothing for different seasons and occasions.
Shelter: Secure a safe and stable living environment.
Other Needs: Cover additional necessities for daily living, such as hygiene products and household supplies.
Health Care Needs
Dental Care: Provide access to dental services and treatments not covered by public health insurance.
Eye Care: Ensure access to vision care, including eye exams, glasses, or contact lenses.
Other Health Needs: Cover any other medical expenses not included in the public health services provided by the province or territory.
What relationship types qualify for spousal sponsorship in Canada?
The nature of the relationship between the sponsor and the sponsored individual determines eligibility for the pathways to spousal sponsorship in Canada.
The following categories define the types of relationships that qualify:
Types of Relationships
Spouse: The individuals must be legally married. A marriage certificate from the relevant province or territory is sufficient if the marriage occurred in Canada. If it took place outside Canada, it must be valid under that country’s laws and Canadian federal law.
Common-law Partner: This applies to couples who have lived together in a marriage-like relationship for at least 12 consecutive months. Continuous cohabitation is essential, with any time apart being short and temporary.
Conjugal Partner: A conjugal partner is someone with whom the sponsor has maintained a committed relationship for more than 12 months, but significant obstacles have prevented them from living together. These obstacles may include immigration barriers or cultural/religious beliefs.
What are the processing times for Spousal sponsorship?
IRCC has set a service standard of 12 months for processing spousal sponsorship applications, whether applicants submit them through Inland or Outland pathways. However, actual processing times can vary based on factors such as the type of application, the visa office handling it, and individual circumstances. Some may take up to 6 months, and some may take a little longer to 24 months, depending upon the specific case.
The processing time for
Inland Sponsorship: Approximately 10 months.
Outland Sponsorship: Around 13 months for applications submitted from outside Canada.
Inland Sponsorship: Key Facts for Spouses and Partners
An immigration process that allows Canadian citizens and permanent residents to sponsor their spouses or common-law partners for permanent residence while they are living together in Canada is Inland sponsorship. Here are the key facts to note if you are the sponsor:
Valid Temporary Resident Status: The foreign national must have valid temporary resident status in Canada, either as a visitor or with a work or study permit.
Spousal Open Work Permit (SOWP): If already living in Canada, the sponsored partner may apply for a Spousal Open Work Permit simultaneously with their PR application.
Co-habitation Requirement: Spouses and common-law partners must live together at the time of application submission. Couples in conjugal relationships are not eligible for inland sponsorship.
Travel Recommendations: IRCC advises that applicants must stay in Canada while their application is being processed. Leaving Canada may hinder reentry, particularly if a visitor visa is required.
You may gather relevant supporting documents that demonstrate the genuineness of the relationship and the eligibility of both parties. For an effective application submission and hassle-free process, you may contact our team.
Outland Sponsorship: Things You Must Know as a Sponsor
Outland sponsorship allows Canadian citizens and permanent residents to sponsor their spouse, common-law partner, or conjugal partner for Canadian PR. It is suitable for couples where the sponsored individual is not residing in Canada at the time of application.
In order to sponsor the partner, the relationship must be one of the following:
Spouse: Legally married with a valid marriage recognized in Canada.
Common-law partner: Cohabiting for at least 12 continuous months.
Conjugal partner: In a committed relationship for at least 12 months, unable to live together due to significant barriers.
Things to Remember:
Travel Flexibility: Sponsored individuals can travel in and out of Canada while their application is being processed, making this option suitable for those needing to maintain travel.
Financial Responsibilities: Sponsors must commit to financially supporting their spouse or partner for up to three years, ensuring they do not require social assistance.
Dependent Children: Dependent children of the sponsored individual may also be included in the application and can receive an open work permit if eligible.
If an outland sponsorship application is denied, the applicant can appeal the decision within 30 days or choose to reapply. Common reasons for denial include failure to meet eligibility requirements or concerns about the relationship’s authenticity. Seeking legal assistance is advisable to navigate the appeal or reapplication process effectively.
You may contact ImmiLaw Immigration for a detailed consultation regarding sponsoring your spouse or partner for permanent residency in Canada. Our services include comprehensive application preparation and document review. We also provide personalized support to navigate the complexities of immigration regulations effectively. We ensure you receive expert guidance throughout the application process.
Feel free to contact us for a detailed and hassle-free consultation.
Did you know that even a minor legal issue, like a Driving Under the Influence (DUI) offence, could prevent your entry into Canada? Canada takes its border regulations seriously and understanding the factors that lead to criminal inadmissibility is crucial. Knowing how to address potential challenges is vital for ensuring a smooth journey.
This blog explores the implications of criminal inadmissibility and the steps to overcome it.
Criminal Inadmissibility
In the Canadian legal context, Criminal inadmissibility refers to prohibiting foreign nationals, permanent residents, or individuals from entering or remaining in Canada due to their criminal history.
Temporary residents and applicants for Canadian permanent residence may be considered criminally inadmissible under several circumstances related to their criminal charges and convictions.
Following are the instances of inadmissibility:
Individuals convicted for a severe or lesser offence under Canadian law may be deemed inadmissible.
Individuals charged or convicted of a crime in another country that would be classified as a crime in Canada may face inadmissibility.
Individuals who commit acts outside Canada that are considered crimes under the laws of the jurisdiction where they occurred and violate both local and Canadian laws can be found inadmissible.
Visa Application Process
Visa-Required Countries: Foreign nationals from countries that require a visa must complete a visa application in advance. The application is required to reveal any criminal history, as applicants are required to disclose past convictions and arrests.
Visa-Exempt Countries: Individuals from countries that do not require a visa will be admitted at the discretion of a Canadian Border Services Agency (CBSA) officer at a Port of Entry (POE). Given that many countries share criminal conviction information for national security reasons, CBSA officers may deny entry to criminally inadmissible individuals.
Permanent Residence Applications
Police Clearance Certificates
Applicants for Canadian permanent residence must obtain police clearance certificates from every country where they have lived for six months or more. These certificates are essential requirements for immigration officers as they help assess the applicant’s criminal history.
Disclosure Requirements
All permanent resident applications require individuals to disclose any convictions, sentences, detentions, or arrests. Based on their assessment, immigration officers may request additional details.
What is Criminal rehabilitation?
Criminal rehabilitation is the process of addressing the underlying issues that contribute to criminal behaviour. It aims to help offenders reintegrate into society after serving their sentences.
In Canada, individuals who are criminally inadmissible due to past convictions can apply for criminal rehabilitation to clear their records and gain entry to the country. The process typically requires demonstrating a stable lifestyle and emphasizing the potential for personal transformation to avoid future criminal behaviour.
What are the options for overcoming criminal inadmissibility in Canada?
Individuals who are criminally inadmissible to Canada have the opportunity to overcome this barrier through criminal rehabilitation.
Individuals automatically achieve rehabilitation after 10 years if they have completed their sentence or if the offence occurred, as long as the crime would result in a maximum 10-year sentence under Canadian law. However, those with convictions or offences committed within Canada cannot resolve their inadmissibility through this process.
Instead, they must seek a record suspension from the Parole Board of Canada to address their criminal record. This distinction is crucial for anyone looking to enter Canada, as the pathways to rehabilitation differ significantly based on where the offence occurred.
What Documents Are Required to Address Criminal Inadmissibility?
The process involves completing specific forms available on the IRCC website. You must provide the following documents:
Court documentation related to your offence (s)
Evidence of rehabilitation
Police clearance certificates
Since processing time for criminal rehabilitation can take up to 24 months, it is advisable to apply well ahead of any planned travel to Canada. If you have not yet completed five years since your sentence, you can address your criminal inadmissibility by applying for a Temporary Resident Permit (TRP).
Temporary Resident Permit (TRP): A Pathway to Overcome Criminal Inadmissibility
A Temporary Resident Permit (TRP) allows individuals deemed criminally inadmissible to enter Canada temporarily. If you are not yet eligible for rehabilitation, the TRP will enable you to visit Canada for specific purposes and limited timeframes, provided you meet certain requirements.
Interestingly, a TRP differs from a Temporary Resident Visa (TRV). A TRV is a travel document required for entry into Canada by most visitors, students, or workers unless they are visa-exempt.
On the other hand, a TRP is exclusively for foreign nationals who are criminally inadmissible, granting them temporary legal entry under particular circumstances.
For Canadian immigration, a visa serves as an entry document, while a permit provides legal authorization to carry out specific activities within Canada. A TRP expressly permits criminally inadmissible individuals to visit Canada for short-term stays.
How to Apply for a Temporary Resident Permit?
Applying for a TRP can become a complex and tiring process for criminally inadmissible individuals. Although there are no strict eligibility requirements, immigration officers grant TRPs only after strictly assessing applications based on individual circumstances. They often evaluate each case and check if the applicant’s need to enter Canada outweighs the potential risks to Canadian society.
To make it simple, to strengthen your TRP application, you must demonstrate:
A compelling reason to enter or stay in Canada.
That your presence poses minimal risk to the health and safety of Canadians
For visa-exempt applicants, applications can be submitted through the relevant Canadian visa office, which may have specific procedures.
Individuals requiring a visa must include proper documents explaining their inadmissibility and application for a Temporary Resident Visa (TRV).
The application process typically takes three to six months when submitted through a Canadian consulate. However, American citizens can apply at a port of entry for immediate processing. A non-refundable fee of approximately CAD 229.77 is required. All these will eventually lead you to address your inadmissibility and justify your request to enter the country. Individuals with criminal histories may find the TRP process a bit more complex. To navigate these complexities, it is highly recommended that they seek the help of a proficient immigration lawyer. They can ensure that all necessary information is provided and that the application clearly articulates the need to enter Canada.
If you need more expert guidance, you may contact ImmiLaw Immigration Law Professional Corporation. Our team of immigration lawyers and legal professionals is well-versed in the intricacies of Canadian immigration law. We meticulously compile and present all necessary information, helping to articulate a compelling case to justify your entry into Canada. Applicants can significantly enhance their chances of a successful outcome with the support of experienced immigration professionals who provide tailored guidance and help present a strong case.
Contact us for a detailed and hassle-free consultation.
