The Importance of an Immigration Lawyer in Spousal Sponsorship

by Immilaw Team | Feb 27, 2024 | Canada Immigration

Are you considering bringing your partner to Canada? It is undoubtedly an important decision, yet it can also seem like a daunting task. The process involves navigating many rules, paperwork, and requirements, which can quickly become overwhelming.

If you find yourself feeling lost or confused about how to proceed, consider seeking the assistance of a spousal sponsorship lawyer. These immigration lawyers specialise in guiding individuals through the complexities of the immigration process, particularly when it comes to sponsoring a partner.

With the help of a spousal sponsorship lawyer, you can streamline the process and ensure that everything is handled correctly.

Why Legal Help Matters?

A skilled spousal sponsorship lawyer helps navigate the complexities of immigration laws, paperwork, and procedural hurdles. They can provide:

• Invaluable guidance on gathering the necessary documents
• Address any challenges that may arise along the way
• Ensure proper completion of applications
• Adherence to timelines
• Address any obstacles that may occur during the sponsorship process.

Understanding the entire process is crucial for those wanting to bring their spouse or partner to Canada. Therefore, having access to expert legal guidance becomes essential, as the immigration process involves dealing with complex legal details and following strict rules.

Beyond paperwork, the role of the Immigration Lawyer

Entrusting a capable spousal sponsorship lawyer is pivotal in guiding you through the process. Beyond paperwork, a proficient immigration lawyer anticipates challenges, provides strategic advice, and represents your interests in dealings with immigration authorities. Ultimately, they become essential in achieving a successful application, minimising stress, and enhancing the prospects of a favorable outcome for your spouse or common-law partner’s immigration journey.

Advantages of a Lawyer or an Attorney in Spousal Sponsorship

1. Impact of Legal Representation

Opting for legal representation in your spousal sponsorship application yields multiple advantages. Immigration lawyers possess intricate knowledge of immigration laws, guaranteeing compliance and adaptation to regulatory shifts. Furthermore, they discern visa officers’ criteria, enhancing your application’s alignment and approval prospects.

2. Proficiency in Immigration Law

Immigration laws change frequently and are pretty complex. Trying to navigate them alone can be challenging and might lead to mistakes in your application. That’s where immigration lawyers step in. They’re experts in immigration laws and policies, ensuring your spousal sponsorship application proceeds smoothly and accurately.

3. Simplify the Spousal Sponsorship Processes

Lawyers assist in completing intricate paperwork and navigating complex procedures, minimising errors, and ensuring timely submission. They also guide the various processes for sponsoring a spouse, common-law partner, or conjugal partner, ensuring each application meets immigration authorities’ criteria. Their attention to detail minimises the risk of errors that could hinder your sponsorship.

4. Enhance Success Rate

Hiring an immigration lawyer significantly enhances your chances of success. They utilise strategic approaches tailored to your situation to overcome obstacles and strengthen your case. From navigating evidentiary requirements to addressing admissibility concerns and advocating on your behalf, an experienced immigration lawyer can strategise effectively to maximise your application’s chances of success, enhancing your approval prospects.

Selecting the Right Immigration Lawyer

Choosing an immigration lawyer for your spousal sponsorship application requires careful consideration. Whether sponsoring a spouse or common-law partner, having the expertise and guidance of a qualified immigration lawyer as a Canadian citizen or permanent resident can significantly impact your journey.

Let us explore some key factors when choosing the right immigration lawyer:

Experience: Ensure the lawyer has ample experience in immigration law, particularly in spousal sponsorship cases, to guarantee expertise in navigating complex regulations and procedures.

Track Record: Verify the lawyer’s successful handling of spousal sponsorship applications similar to yours, indicating their ability to achieve favourable outcomes.

Success Rate: Inquire about their approval rate for spousal sponsorship applications, demonstrating their effectiveness in representing clients and securing approvals.

References: Request references from past clients that can offer valuable insight into the lawyer’s reputation, professionalism, and ability to deliver results.

Approach: Understand the lawyer’s strategy for addressing potential obstacles and maximising success in your case, ensuring alignment with your needs and goals.

Fees: Clarify the lawyer’s fee structure, including any additional costs, for financial planning and budgeting transparency.

Hence, opting for an immigration lawyer for your spousal sponsorship application is a wise decision for your relationship’s future. Entrusting your spousal sponsorship application to an immigration lawyer enhances the chances of a successful outcome and ensures a smoother and more efficient process. Selecting the right lawyer for your spousal sponsorship application is pivotal in shaping the outcome of your case. Their expertise, strategic approach, and unwavering dedication pave the way for reuniting you with your loved one in Canada.

ImmiLaw Immigration Law Professional Corporation, with a team of highly proficient immigration lawyers, aids with diverse immigration needs, including spouse visa applications. Connect with us to guide you through the intricacies of the spousal sponsorship process and bring your partner to Canada for a brighter future.

Feel free to contact us for your queries.

Read To Know: Work in Canada Without LMIA

Saskatchewan Immigrant Nominee Program (SINP): Things to Know

by Immilaw Team | Feb 22, 2024 | Canada Immigration

Saskatchewan is a place of natural wonders and diverse cultures. Its stunning landscapes, lively culture, and welcoming locals make it an attractive destination for everyone.

Saskatchewan welcomes nearly 10 percent of its residents from nations like the Philippines, China, India, Pakistan, and Bangladesh. Its charm lies in a cozy, small-town ambiance, with Regina, the capital, housing around 230,000 people, while Saskatoon serves as the other primary urban hub. The province’s economic vitality is rooted in key sectors such as agriculture, mining, manufacturing, food processing, energy, and life sciences.

Newcomers seeking settlement in Canada often explore the Provincial Nominee Program (PNP) as a pathway. Each PNP program sets its criteria based on the province’s economic requirements. To settle in Saskatchewan, newcomers can pursue residency by applying through the Saskatchewan Immigrant Nominee Program.

What is Saskatchewan Immigrant Nominee Program?

The Saskatchewan Immigrant Nominee Program (SINP) offers different pathways to Canadian immigration. It invites non-Canadians to apply for residency in Saskatchewan and nominates successful applicants for permanent residency with the federal government in Canada.

SINP aims to streamline immigration for skilled workers, entrepreneurs, farmers, and students eager to contribute to Saskatchewan’s economy. Newcomers can apply for PR under four primary categories SINP offers. They are:

1. International Skilled Worker: Designed for skilled foreign workers aspiring to work and settle in Saskatchewan.
2. Work Experience: Intended for foreign workers with at least six months of valid work experience in Saskatchewan.
3. Entrepreneur category: Targets foreign individuals aspiring to acquire or partner in a business within Saskatchewan while residing in the province.
4. Farm Owner and Operator category: Tailored for experienced farmers seeking ownership of farms in Saskatchewan.

International Skilled Worker Program

1. Employment Offer

This category is for those skilled foreign workers with a job offer in Saskatchewan. The mandatory requirements include the following:

• Achieve at least 60 points on the SINP point assessment grid.
• Possess an offer for a permanent, full-time job in the NOC TEER 0, 1, 2, 3 or a designated trade.
• Have at least one year’s work experience in the intended occupation in the past ten years.
• Be eligible (if applicable) for a Saskatchewan license
• Language Benchmark (CLB): A minimum of 4 in French or English.

2. Occupation In-Demand

For skilled foreign workers without a job offer in Saskatchewan, mandatory requirements include the following:

• Achieve at least 60 points on the SINP point assessment grid.
• Completed post-secondary education/training/apprenticeship degree/ diploma.
• Work experience in a highly skilled job not on the excluded occupation list.
• Minimum one year of full-time work experience in a skilled occupation in the past ten years.
• Occupation must be In-demand in Saskatchewan.
• Language Benchmark (CLB) minimum of 4 in French or English.
• Live outside Canada or proof of legal status.
• Proof of settlement funds and a settlement plan.

3. Saskatchewan Express Entry

This category is for qualified candidates from the IRCC Express Entry system. The mandatory requirements include the following:

• Valid EE profile in the IRCC Express Entry system with a job seeker code.
• Achieve at least 60 points on the SINP point assessment grid.
• Language test results meeting EE language requirements.
• Post-secondary education or training equivalent to at least one year of Canadian education.
• Must earn diploma/certificate/ degree.
• Experience in a job not on the Excluded Occupation List.
• Skilled professionals: at least one year of work experience in the past ten years.
• Skilled tradespeople: at least two years of work experience in a trade in the past five years.
• Both must have one year of work experience in Canada in the past three years.
• Work experience in the field of post-secondary education or training.
• Proof of professional status and eligibility for licensure.
• Proof of settlement funds and a settlement plan.

Note: You may refer to the latest program guidelines.

Worker with Saskatchewan Work Experience

Under this category falls the student stream sub-category. This is for international students who have completed their studies at a recognized post-secondary institution in Canada and aspire to reside and work in Saskatchewan.

To become eligible, you must:

• Graduate from a program equivalent to at least one academic year of full-time study
• Provide documents related to certificate, diploma, or degree program.
• At least six months (or 780 hours) of paid job in Saskatchewan related to your field of study on a PGWP
• Receive a full-time job offer in your field of study from an approved employer in an occupation in NOC TEER 0, 1, 2, or 3 or in a designated trade.
• Possess a valid SINP Job Approval Letter.
• If the job offer falls under the NOC TEER 4 occupation, a CLB of 4 or higher in French or English is required.

Entrepreneur Program

1. International Graduate Entrepreneur

For EOI applicants and international students graduating from a Saskatchewan institution aspiring to become entrepreneurs, they must

• Be at least 21 years old.
• Complete a full-time post-secondary degree/diploma in a Saskatchewan institution for at least two years.
• Hold a valid PGWP with at least 24 months remaining.
• Reside in Saskatchewan during the academic program.
• Minimum CLB Level of 7.

Once you receive an invitation and SINP approval, applicants must:

• Live in Saskatchewan and actively own and operate a business for at least one year before applying.
• Own at least 33% of the business and participate in day-to-day management.
• Prove the business generates the minimum required revenue for one year.
• Sign a Business Performance Agreement (BPA) post-application approval.

2. SINP Entrepreneur Program

For foreign national entrepreneurs desiring to live in Saskatchewan and establish, own, or partner in a business, they must:

• Meet the criteria of the EOI candidate pool and complete the Points Assessment Grid.
• Possess a minimum of CAD 500,000 in Net Business and Personal Assets.
• Hold at least three years of relevant business management or entrepreneurial experience in the past ten years.
• Plan on investing a minimum of CAD 300,000 in Regina or Saskatoon or a minimum of CAD 200,000 in other communities.

Once you are invited to apply, applicants must submit a Business Establishment Plan (BEP) including:

• Plan to establish a business aligning with the Entrepreneur Category Points Grid.
• Ownership of at least one-third of the business’s equity in Saskatchewan unless the investment is CAD 1,000,000 or higher
• Commit to day-to-day management.
• Create two job opportunities in Saskatchewan for Canadians or PRs who are not relatives.

How to Apply for SINP?

1. Confirm Eligibility

Ensure you meet the mandatory requirements for your chosen sub-category. Incomplete applications will be closed, necessitating reapplication.

2. Saskatchewan Express Entry (if applicable)

Submit an online profile through IRCC and meet any prerequisites for federal programs – Federal Skilled Worker Program, Federal Skilled Trades Program, or Canadian Experience Class.

Upon receiving the Saskatchewan Immigrant Nominee Program (SINP) nomination, you will get an EE profile number and Job Seeker validation code. You may take up to 30 days to accept the nomination. Once received, IRCC will invite you to apply for PR within 60 days.

3. Create an account and Apply

• Create an account on SINP Apply Online.
• Complete various sections of the online application.
• Scan and upload all forms and necessary documents in PDF format, retaining originals.
• After submission, expect a confirmation email from SINP acknowledging receipt.
• Note: EOI-invited applicants can log in using their existing EOI profile account. For applicants with job offers, create a new account.

4. Specifically for Entrepreneur Category applicants

• Submit an EOI to the SINP as a way to begin.
• Following the assessment, your EOI Point Assessment will be confirmed. A Business Immigration Officer will contact you for an interview.
• If you meet the criteria, anticipate a final interview conducted in person or through video conferencing.
• Review and sign the provided Business Performance Agreement (BPA).

5. Specifically for the International Graduate Entrepreneur Category applicants

• Submit an EOI to the SINP.
• High-scoring candidates will receive invitations to apply.
• Those with a valid post-graduate work permit (PGWP) must actively operate their proposed business.
• Eligible applicants can apply for PR nomination upon fulfilling the Business Performance Agreement (BPA) conditions.

6. Farm Owner and Operator Applicants

• Complete all documents listed in the SINP Farm Category Application Document Checklist.
• Submit a Skilled Worker Application, and SINP will issue a Letter of Receipt and file number.
• Email the financial report to saskentrepreneur@gov.sk.ca.
• If your application is complete, expect an Acceptance of Application and a Request for Processing Fee letter.
• Pay the application processing fee, and SINP will evaluate your application and possibly request an interview.
• Upon selection, receive a Nomination Approval and Request for Deposit letter alongside a Business Performance Agreement.
• Expect a nomination package and guidance on PR application. You may also receive a Temporary Work Permit Support letter if early arrival in Saskatchewan is necessary for farm preparations.

7. Application fee (Only for Saskatchewan EE and Occupation In-Demand sub-categories)

Following an invitation to apply, applicants in the Saskatchewan EE and Occupation In-Demand sub-categories must remit a non-refundable CAD 350 application processing fee.
Upon approval, successful candidates in the Employment Offer and Occupations In-Demand categories will receive a nomination package via email. SINP will inform IRCC of the nomination, and you may apply for PR within six months of being nominated by the SINP.

8. Application Decision & PR Nomination

After approval, successful candidates in the Employment Offer and Occupations In-Demand categories will receive a nomination via email. SINP will inform IRCC of the nomination, and you may apply for PR within six months of being nominated by the SINP.

9. Temporary Work Permit

Upon SINP approval, your application proceeds to IRCC. SINP will furnish a support letter for a Temporary Work Permit. Once IRCC approves it, you can continue working while awaiting your PR visa.

10. Apply for PR

After successful application, the final step is to apply for PR through IRCC. The Canadian government has the discretion to decide on your permanent residency.

In conclusion, the SINP process may initially appear intricate with its diverse options and steps. However, adhering to the provincial government’s instructions is of utmost importance. Seeking guidance from authorized immigration representatives is equally essential. This approach can be your key to settling in Saskatchewan. For more information on the Saskatchewan Immigrant Nominee Program, you may visit the government website or email immigration@gov.sk.ca.

Our experienced team, consisting of immigration lawyers and overseas study experts, assists with diverse immigration needs, from setting up EE profiles to selecting PNP programs. Connect with us for expert assistance on your SINP journey and beyond.

Latest SINP draws

The Saskatchewan Immigrant Nominee Program (SINP) is crucial in addressing the province’s economic and labour market needs through targeted immigration. About 70% of newcomers to Saskatchewan immigrate through the SINP.

In the latest SINP draw held on June 13, 2024, 120 applicants were invited for permanent residency (PR) under the occupation-in-demand and Express Entry categories. This included 32 candidates from the Occupations In-Demand category and 88 from the Express Entry category, all with scores of 88 or above.

By following the application steps and submitting an Expression of Interest, applicants can enhance their chances of settling in Saskatchewan. As a pivotal pathway for immigrants in Saskatchewan, SINP remains the most popular immigration route for obtaining PR in Canada.

The article offers general information and does not constitute legal, financial, or professional advice. Seek guidance from a professional advisor for specific assistance. While we aim for accuracy, we cannot guarantee complete precision. Author opinions may change over time. ImmiLaw Immigration and its affiliates do not explicitly or implicitly endorse third-party advice, opinions, information, products, or services.

Feel free to contact us.

Read To Know: How to Extend Your Stay After the Expiry of PGWP?

How to Extend Your Stay After the Expiry of PGWP?

by Immilaw Team | Jan 15, 2024 | Canada Immigration

When a Post-Graduation Work Permit (PGWP) reaches its expiry, some international graduates may find themselves restricted in their avenues to stay in Canada. While the PGWP enables them to work in the country for up to three years, extensions can be limited in specific situations. Nonetheless, alternative pathways exist for these graduates aiming to extend their stay in Canada, although not all may immediately qualify for these options.

After PGWP expires, PGWP holders can explore various options to stay in Canada:

1. Provincial Nominee Programs (PNPs)
2. Atlantic Immigration Program (AIP)
3. Rural and Northern Immigration Pilot (RNIP)
4. Work permit
5. New post-secondary program

Let us delve deep into these available options.

1. Provincial Nominee Programs (PNPs)

Provincial Nominee Programs (PNPs) play a vital role in assisting international graduates in Canada who are aiming to settle in a specific province. These programs offer various pathways to permanent residency.

Certain PNPs are called ‘enhanced’ and are part of the Express Entry system. Nominees through these enhanced PNPs receive 600 extra points, adding to the CRS score. Attaining such a high score improves an applicant’s chances of receiving an ITA for permanent residency during Express Entry draws.

Despite the challenges posed by the pandemic, Canada continued to conduct Express Entry draws for PNP recipients, allowing PGWP holders to benefit from faster processing times.

For PGWP holders lacking work experience in occupations eligible for Express Entry, ‘base’ PNPs offer an alternative. These programs often welcome candidates falling under TEER categories 0, 1, 2, and 3, as the NOC classifies. This allows individuals without specific work experiences to qualify and apply through these provincial streams.

2. Atlantic Immigration Program (AIP)

AIP assists recent graduates from Atlantic post-secondary institutions in becoming permanent residents, offering an opportunity for PGWP holders to stay in Canada before their permit expires.

Eligibility criteria

• Completing a qualifying program lasting a minimum of two years.
• Possess a job offer in Prince Edward Island, New Brunswick, Newfoundland and Labrador or Nova Scotia.
• The job offer must be classified within TEER categories 0, 1, 2, or 3.

Eligible international candidates stand to gain several advantages from this program. There is no obligation for a minimum work experience requirement, offering more flexibility. Moreover, the program permits PGWP holders to apply before they start working, providing an early entry point. This feature is beneficial for individuals who may need to accumulate more work experience by the time their permit expires, offering them an opportunity to pursue permanent residency.

3. Rural and Northern Immigration Pilot (RNIP)

Graduates from publicly funded post-secondary institutions in one of eleven specified rural communities in Canada may qualify to apply for the Rural and Northern Immigration Pilot (RNIP).

Eligibility Criteria

• Completing a master’s degree or a post-secondary program lasting at least two years.
• Candidates must have resided for a specified duration in the community outlined by the program.

Furthermore, each rural community sets its specific eligibility criteria for applicants intending to apply through their program; please check the particular requirements of each community.

4. Work permit

Obtaining a work permit in Canada involves employers undergoing a lengthy and expensive Labour Market Impact Assessment (LMIA) process. However, there are alternative routes to secure a work permit that does not require an LMIA.

International Mobility Program (IMP) allows Canadian employers to hire temporary foreign workers without needing an LMIA. To qualify for an LMIA-exempt work permit, the job offered must provide broader economic, cultural, or competitive benefits to Canada, with reciprocal advantages for Canadians and permanent residents.

Additionally, if you qualify to apply for PR before your PGWP expires, you might be eligible for a bridging open work permit. This special permit enables you to continue working while processing your PR application.

5. Joining for an additional post-secondary program

Joining a new academic program at a Canadian college or university allows you to prolong your stay in the country while working part-time, up to 20 hours per week. This opportunity enables you to balance studies and employment, contributing to your experience in Canada. As a temporary measure, this method helps individuals who fulfil the Express Entry criteria but are awaiting an ITA to remain in Canada.

If your work permit is expired or your status is not maintained, you cannot continue working in Canada. Valid status is crucial for staying legally in the country. Therefore, ensuring a valid work permit or maintained status is essential for ongoing employment and residency in Canada.

The article offers general information and does not constitute legal, financial, or professional advice. Seek guidance from a professional advisor for specific assistance. While we aim for accuracy, we cannot guarantee complete precision. Author opinions may change over time. ImmiLaw Immigration and its affiliates do not explicitly or implicitly endorse third-party advice, opinions, information, products, or services.

At ImmiLaw Immigration, our experienced team comprises proficient immigration lawyers with extensive Canadian laws and regulations expertise. Get in touch with us to explore your options for staying in Canada after your PGWP work permit expires.

Read To Know: The Best PNPs for International Students in Canada

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The Best PNPs for International Students in Canada

by Immilaw Team | Jan 10, 2024 | Canada Immigration

After completing their studies, many international students strongly prefer settling in Canada. The country actively encourages international students to pursue PR through various tailored immigration pathways.

To be eligible for many Provincial Nominee Programs (PNPs) designed for international students, having a valid PGWP is usually a requirement. Graduates from accredited institutions with study programs lasting at least one year can apply for this permit upon completion. It is important to note that you must apply for the PGWP within just 90 days after graduation. After obtaining your PGWP, you can live and work anywhere in Canada.

Let us find out the provinces that are best suited for permanent settlement.

PNPs For International Students In Their Study Province

The Provincial Nominee Programs (PNPs) in Canada serve as a means for individuals aiming to achieve Canadian permanent residency and are interested in settling in a particular province or territory.

Each province and territory within Canada has its own PNP, structured to address its distinct economic and demographic requirements.

PNPs enable a province to select a foreign national for Canadian permanent residency. With a nomination, the individual can then apply officially for permanent residence!

• Manitoba Career Employment Pathway

Graduates who complete a post-secondary educational program in Manitoba may qualify for an immigration route through the Career Employment Pathway. The completed program should be at least one year and finished within the last three years. Eligible candidates must secure a full-time job offer from a Manitoba employer in one of the province’s in-demand occupations.

• Ontario Masters & PhD Graduates

Graduates who finish a master’s or doctoral degree at a recognized institution in Ontario can seek provincial nomination through this specific stream. Individuals can submit an Expression of Interest (EOI) profile to Ontario’s candidate pool to receive an invitation to apply for nomination.

• BC International Post-Graduate Category

Graduating with a master’s or doctoral degree from an eligible institution in British Columbia allows you to apply directly for provincial nomination through this stream. This pathway’s significant advantage is that you do not need a job offer to apply.

• Atlantic Immigration Program (AIP)

The Atlantic Immigration Program (AIP) is an alternative pathway for international students seeking PR in Atlantic provinces. AIP targets recent graduates who have completed a qualifying program of at least two years within one of the Atlantic provinces and possess a job offer in New Brunswick, Nova Scotia, Prince Edward Island, or Newfoundland and Labrador.

Notably, this program exempts eligible graduates from the usual work experience requirements, enabling them to apply immediately after graduating, even before starting work.

Moreover, the Atlantic provinces are developing study-to-stay programs to support international students during their Canadian studies. These programs offer career guidance, training, and networking opportunities. Additionally, most of these provinces have their own PNP streams designed to facilitate permanent residency for international graduates.

PNP Choices for Graduates Outside the Province

Many international students may graduate from an institution in one province and receive a job offer in another province. Several PNPs cater to this scenario specifically. The listed PNPs below are intended for international graduates from institutions across Canada.

These programs commonly require two essential elements:

1. You will need a valid PGWP.
2. You must work for an employer in the province where you are applying with a valid job offer.

Ontario international students

International students who complete a post-secondary program in Canada and hold a valid job offer from an Ontario employer may qualify for this PNP. For eligibility in this PNP, your Canadian education must have lasted at least two years or necessitated a prior degree. This applies if you possess a valid job offer from an Ontario employer.

BC International Graduate Program

The program might suit you if you finished a post-secondary program anywhere in Canada and now have a job offer from a company in British Columbia. However, eligibility requires having two years of full-time work experience in a similar role to the job offer.

Newfoundland and Labrador International Graduate Program

The program is for those who have completed a post-secondary program lasting at least two years anywhere in Canada and are presently employed in Newfoundland and Labrador. The eligibility criteria are working in the province for at least one year on a PGWP.

In conclusion, while PNPs offer valuable routes for international students to attain Canadian PR based on their education and job offers in specific provinces, it’s important to remember that they are not the only immigration option available. Exploring additional pathways like the Canadian Experience Class within the Express Entry system, especially after gaining one year of Canadian work experience, opens up further opportunities for achieving PR in Canada. It’s advisable to thoroughly examine and consider the eligibility criteria for various programs to determine the best path aligning with your circumstances and aspirations for becoming a Canadian permanent resident.

At ImmiLaw Immigration, our seasoned team, consisting of immigration lawyers and consultants, offers support for study permits, second program selection, post-study pathways, and diverse immigration requirements. Contact us to pave your path toward a brighter future in Canada.

Read To Know: How to Defer Enrollment After Obtaining a Canadian Study Permit?