by Immilaw Team | Sep 23, 2022 | Canada Immigration
What is Labour Market Assessment?
Canada runs the Temporary Foreign Worker Program (TFWP) as a method to supplement its workforce when there is no qualified worker in Canada to do a job. To hire a foreign worker in Canada, a company must apply for a Labour Market Impact Assessment (LMIA) from the Canadian government. Whenever a foreign worker is hired, the Canadian government employee assessing the application must decide if it will improve or have no impact on the Canadian labour market. Canada’s Employment and Social Development will examine the application (ESDC). The foreign worker must receive pay and benefits with federal and provincial norms, and it must be evident that no qualified Canadians must be given preference over him. Depending on whether the targeted person is a “high-wage” or “low-wage” employee, the LMIA procedure varies. Low-pay temporary foreign employees are those paid less than the provincial or territorial median wage; high-wage workers are those paid at or above the median wages.
LMIA Work Permit
Hiring a High-Wage Worker
You need to submit transition plans with the LMIA if you want to hire a high-wage worker. A transition plan is a plan that ensures you are taking the steps as an employer to reduce your reliance on foreign workers over time.
Transition plans are intended to ensure that employers looking for foreign employees are fulfilling the program’s objectives, i.e., utilizing it only as a last alternative for temporarily covering labour shortages when no qualified Canadians are available. By doing this, eligible Canadians are given preference for open positions. An employer can demonstrate this, for instance, by providing evidence of investment in skill development or support.
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Hiring a Low-Wage Worker
There is no requirement to submit transition plans with a Labour Market Impact Assessment (LMIA) application from employers looking to hire low-wage workers. But they must adhere to a distinct set of rules.
The Canadian government has restricted the number of low-wage temporary foreign employees that a company can hire to guarantee that Canadians may be given preference for open positions under the Temporary Foreign Worker Program (TFWP). Additionally, processing of the LMIA is generally denied for some low-wage jobs. The percentage of low-wage temporary foreign workers working for an employer having ten or more employees may not exceed 20% of their total workforce.
Employers who offer wages below the provincial/territorial median are required to:
- Pay for the temporary foreign worker’s round-trip transportation;
- Make sure there is access to affordable housing;
- Until employees are qualified for provincial health care, pay for private health insurance;
- The provincial or territorial workplace safety board should receive temporary foreign worker’s registration
- A contract between the employer and the employee.
Global Talent Stream
Certain talented employees can apply for a work permit through the Global Talent Stream and receive one two weeks later. It is a cornerstone of Canada’s Global Skills Strategy, which aims to support the expansion of innovative businesses by ensuring access to the highly qualified individuals they require.
This workstream creates a two-week norm for processing applications for work permits (and temporary resident visas, if necessary) for highly skilled talent, among other activities. Part of Canada’s Temporary Foreign Worker Program is the Global Talent Stream. The Global Talent Stream aims to help employers in Canada fast-track the hiring of foreign tech talent.
The Global Talent Stream has two categories. High-growth businesses falling under category A need to bring in foreign talent with specific skills. This category of employers requires a designated referral partner to refer them to the Global Talent Stream. Employers trying to fill positions on the Global Talent Occupations List—a list of professions for which there is a shortage of domestic labour—are in Category B. These positions are generally in demand.
Employers in both groups must adhere to the payment standards for skilled workers, which means they must pay their staff at least the going rate. The prevailing pay is the higher of the following two figures:
According to the Government of Canada’s Job Bank, the occupation’s median salary
- The pay range that a company now offers to current employees in the same role, working in the same location, and possessing the same qualifications.
- The Global Talent Occupations List’s minimum wage ceiling (if applicable).
Facilitated Labour Market Impact Assessment (LMIA)
Impact Assessment (LMIA) processing is updated annually by the Quebec Immigration Ministry.
By enabling them to engage foreign workers more rapidly, this procedure intends to assist Quebec firms in addressing their state’s well-documented labour shortages. Employers in Quebec do not have to provide evidence that they could not find a worker in Canada to fill the position because there is evidence of a labour shortage in these professions.
The following is required to be proven by the employer:
That the temporary foreign worker satisfies the job’s educational and experience prerequisites as well as those set forth by the National Occupational Classification; That the hourly wage offered to temporary foreign workers is competitive with that received by Canadians and permanent residents who work in the same profession and region.
All applications for high-wage LMIA must include a transition strategy. According to the facilitated process in Quebec, the transition plan is only necessary for a second or subsequent application for an LMIA in the same occupation and area.
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by Immilaw Team | Sep 21, 2022 | Canada Immigration
Many temporary and permanent options attract global tech talent to Canada.
The tech industry in Canada is expanding rapidly, and it is anticipated that this trend will continue even as the number of qualified tech professionals in the country’s labour force declines. This expansion results from small enterprises and major corporations, like Google and Amazon, investing more money and expanding their operations in Canada. There are approximately 250,000 IT workers in Toronto alone due to this investment, which is a crucial component of Canada’s economy.
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The federal and provincial governments provide numerous options for permanent residence and work permits to help employers acquire individuals from outside due to the growing demand for talented tech experts. This article will outline several popular possibilities if you’re a tech employer or employee.
Temporary Work Permits
There are several temporary work permit options available to employers who are thinking about recruiting international talent. These initiatives are designed to enable employers to quickly hire the digital expertise they need for their businesses when there is a lack of qualified Canadian tech professionals.
The Global Talent Stream
In the technology industry, one popular solution is the Global Talent Stream (GTS). It seeks to attain a processing standard of two weeks once the prospective employee submits the final application, and this was developed to support the expansion of Canada’s IT sector. This route also serves as a temporary work visa and a stepping stone for workers who want to qualify for permanent residency.
It is regarded as a component of the Temporary Foreign Worker Program (TFWP), and to be qualified, businesses must first receive from Employment and Social Development Canada (ESDC) a neutral or favourable Labour Market Impact Assessment (LMIA). In addition, when employing workers from outside, ESDC assesses whether this will have a positive, neutral, or adverse effect on the labour market in Canada.
Additionally, employers must fulfil the requirements in one of the following two categories to be eligible to hire under this programme:
Category A
Companies who contact EDSC through a referral partner fall under Category A. Governmental, local, or government-affiliated organizations or companies that have the mandate to help local economies are frequently referred to as referral partners. The workers hired in this group have a deep level of expertise in a particular area of the tech industry. Employers must submit applications under category B if the candidate’s profession is already listed on the Global Talent Occupations List.
Category B
Employers who need workers in professions already on the list of Global Talent Occupations, such as software engineers, designers, or information systems analysts, fall under category B. The government has acknowledged the scarcity of these abilities in the Canadian labour force for these in-demand professions.
Labour Market Benefit Plan
Employers must also submit a Labour Market Benefits Plan (LMBP) to EDSC outlining their commitment to long-term labour market benefits. Depending on the category, the focus varies. In addition, a strategy outlining how recruiting under the GTS would create more jobs for Canadians and permanent residents are required.
Category B LMBPs must demonstrate how they will increase their spending on educating Canadians and permanent residents in high-demand tech skills.
There are restrictions on how skilled workers are compensated in both categories. Anyone hired via the Global Talent Stream must be compensated at least at the prevailing salary.
The highest of the following is the prevailing wage:
- The minimal salary floor as specified in the Global Talent occupations list;
- The wage that a company pays current employees in the same role at the same location, with the same skills and experience;
- The median wage for the occupation listed on the Government of Canada Job Bank (if applicable).
CUSMA
An employer may qualify for the Canada, United States, and Mexico Agreement if they employ tech talent elsewhere in North America (CUSMA). It is a temporary work permit, just like the GTS.
This agreement may facilitate talent exchange between nations. Therefore, the agreement is additionally divided into two groups that apply to IT personnel.
Professionals: The professional category includes 63 professions that are eligible for CUSMA. Software developers and other well-known tech professionals like systems analysts may be qualified.
Intra-Company Transfers (ICTs): Employees of international corporations relocate to the company’s Canadian office in a process known as an intra-company transfer (ICT). The transferee frequently has a management job or possesses other advanced skills.
International businesses that qualify for ICTs don’t always have to be based in Mexico or the US. Employees from other countries may be able to transfer to Canada if any organization has a formed branch there without the need for the employer to obtain an LMIA.
Pathways to Permanent Residency in Canada
Tech talent might want to settle permanently in Canada. A Provincial Nominee Program or an immigration programme that is part of the Express Entry application management system is the most typical route for skilled tech workers to seek permanent residency (PNP).
Express Entry
Express Entry is the most significant entry stream for skilled immigrants in Canada. Candidates with technical backgrounds are more likely to be invited to apply for permanent residence under Express Entry.
Express Entry aims to speed up the application process for skilled workers. The Federal Skilled Worker Program is the most well-liked Express Entry choice (FSWP). The National Occupational Codes 0, A, or B, which cover most jobs in the tech sector, are required for people with at least one year of work experience in this programme.
Alternative options include the Canadian Experience Class (CEC) programme, which may make applicants eligible for Express Entry if they have one year of work experience in Canada over the previous three years. Alternative options include the Canadian Experience Class (CEC) programme, which may make applicants eligible for Express Entry if they have one year of work experience in Canada over the previous three years.
Express Entry involves two steps:
Candidates must determine if they qualify for the programme they desire to apply to. If qualified, they must submit a profile to the Immigration, Refugees and Citizenship Canada (IRCC) website. Based on their profile’s other human capital elements, including their education, work experience, and language skills, IRCC will award a Comprehensive Ranking System (CRS) score. The score increases the likelihood of receiving an invitation to apply (ITA) for permanent residence.
IRCC holds draws every two weeks or such. After receiving an ITA, candidates have 60 days to submit their complete application to IRCC.
Provincial nomination tech talent streams
Over 100 economic immigration routes are available in Canada, many of which are a component of the Provincial Nominee Program (PNP). Except for Quebec and Nunavut, every province in Canada has a PNP that cooperates with the IRCC. Through these initiatives, provincial governments can choose applicants they think will fit well in their jurisdictions. In addition, there are immigration programs in several Canadian provinces intended to draw IT expertise.
Provincial tech talent streams are provided below:
Candidates for the BC Tech Stream must be qualified for one of the province’s immigration schemes and have an employment offer which holds good for at least a year.
OINP Tech Draw: Applicants must be qualified for either the Federal Skilled Worker Program or the Canadian Experience Class to participate in this Ontario Immigrant Nominee Program.
Saskatchewan Tech Talent Pathway
Approved candidates must have an employer-specific Saskatchewan Immigrant Nominee Program (SINP) Job Approval Letter for an eligible technology sector position. They need at least one year of work experience in that occupation during the preceding five years.
Alberta Accelerated Tech Pathway
Candidates for the Alberta Accelerated Tech Pathway must be eligible for the Alberta Express Entry Stream. In addition, they must either have a job offer in one of the 23 eligible occupations or be employed in Alberta.
Quebec
The Quebec Immigration Program for Workers in the Artificial Intelligence, Information Technology, and Visual Effects Sectors is a unique program that Quebec offers.
Under this program, there are two areas for technology:
AI (Artificial Intelligence)
There are two ways to qualify for the AI (Artificial Intelligence) stream. A candidate must have work experience and a job offer if they attended a college or university in Quebec. If the candidate received their training abroad, they might not need a job offer, but they must show proof of education at par with a bachelor’s degree from Quebec.
IT and Visual Effects streams
Candidates for the IT and visual effects programs must have two years of work experience in one of the ten approved professions over the previous five years. They must also have a work offer in that industry and the academic standing of a bachelor’s degree or the equivalent of a Quebec technical studies certification.
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by Immilaw Team | Sep 15, 2022 | Canada Immigration
Three years at least out of the last five years, is the simple answer, but there are slight changes to that.
At least for 1,095 days or three out of the five years, you need to be physically present in Canada before applying for citizenship to become a Canadian citizen. However, not all days are equal regarding eligibility for Canadian citizenship. For example, only if you were physically present as a permanent resident in Canada Immigration Refugees and Citizenship Canada (IRCC) will you count it as full days for meeting the physical presence requirement criteria.
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Up to a maximum of 1 year or 365 days, every day you spend in Canada as a Temporary Resident (TR) will only be counted as a half day. So, it will take two years to reach the required maximum number of days as every day is counted only as a half day. You don’t need to spend time in the country to get citizenship. But being a TR, you will be able to know how well to calculate and meet your physical presence requirement.
Read along to find a few hypothetical scenarios showing how the physical presence calculation works.
- Alice worked in Canada for three years on a Post-Graduation Work Permit (PGWP) before getting her Permanent Resident (PR) status. She applied for her citizenship two years after becoming a PR. Her two years in Canada on the PGWP were counted as one year by IRCC for her physical residency requirement. The two years she spent in the country as a PR were then added for three years towards eligibility for her citizenship.
- Through Federal Skilled Worker Program (FSWP), Rakesh got approved for his PR from outside Canada. He decided to apply for citizenship after living in Canada for three years. Each day he physically spent in the country was counted as a full day by IRCC as he was not a TR while living in Canada.
- Emma was employed in Detroit, USA when she got her Canada PR through FSWP. Emma then relocated to Windsor, Canada, and traveled daily to the US to work. This routine continued for five years before Emma applied for her Canadian citizenship. Emma traveled to the US, returned to her home in Canada every day, and got counted as a full day by IRCC. It was because she had already spent more than the required days in Canada to meet the physical presence requirement.
On the official website, IRCC strongly recommends that you need to stay physically present in Canada for more than a minimum of 1,095 days before you apply for your citizenship to ensure eligibility.
Canadian Immigration
Other Eligibility Conditions For a Canadian Citizenship
There are a few more eligibility conditions for obtaining Canadian citizenship other than the physical presence requirement in the country.
- To communicate effectively in Canadian society, you must speak English or French. You need to submit proof of language proficiency if you are between the age of 18 and 54.
- IRCC has decided not to grant citizenship to people with a criminal history.
- You need to know about the rights and responsibilities of the citizens and possess a basic knowledge of Canada’s history, geography, and political system.
- You will have to file your taxes in the country for a minimum of three years during the five years before the date of your citizenship application.
- You must pay the right of citizenship and government processing fees when submitting a formal application to IRCC.
- You can apply for your citizenship once you meet all the eligibility requirements. Applicants between the age of 18 and 54 are required to take their citizenship test once they get approved.
Following that, they will have to attend the citizenship ceremony to receive the certificate of Canadian citizenship by taking the Oath of Citizenship. You will then officially become a Canadian Citizen after that.
Physical Presence Requirement For Pre-Removal Risk Assessment (PRRA) Applicants And Refugee Claimants
You would not get TR if your PRRA or refugee claim got assessed when you received a study or work permit. IRCC will not calculate this period towards your physical presence.
If you are claiming your time being a protected person, the only time that is permitted is the time from when you got a favorable decision regarding your claim or the PRRA application made until the day before you got your PR. The days you have spent in the country after the approval and before getting your PR will only be counted as half a day towards applying for citizenship.
If You Were a Prisoner in Canada
If you have spent any time being a prisoner in Canada or were on parole or probation, those days will not get counted toward your physical presence criteria. You can see some exceptions to this, though. First, the time spent on probation due to a conditional discharge may account for your physical presence if you do not breach parole. You don’t have to declare your time spent on probation or prison if you have received a youth sentence and completed that sentence without fault. Finally, suppose your time served as a punishment for committing an offense in the country happened five years before the date of your application; that time is outside the period considered for your physical presence by IRCC.
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by Immilaw Team | Sep 13, 2022 | Canada Immigration
Get ready to enjoy Canadian permanent residence status in six months or less through the Express Entry program!
The department of Immigration Refugees and Citizenship Canada (IRCC) has massive immigration plans for 2022-2024. Canada uses the Express Entry program mainly for managing the applications for permanent residence status for their Federal Skilled Worker Program (FSWP) Program, Federal Skilled Trades Program (FSTP), and the Canadian Experience Class (CEC) immigration program.
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Immigration minister Sean Fraser recently stated that the department of IRCC has concrete plans to pursue more immigration pathways for strengthening Canada’s speedy economic recovery from the Covid-19 pandemic. The country now strives to address the serious labour shortage crisis, support the country’s diversity, and build communities for a better future. The country is aiming to welcome 360,000 to 445,000 fresh permanent residents in 2022, 380,000 to 465,000 in 2023 and 390,000 to 475,000 by 2024. Read along to know more about receiving your permanent residence status in just six months or even less than that.
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How to apply for Express Entry
Immigrants interested in the Express Entry pathway should have a minimum of one year of continuously paid work experience to apply for their Canadian permanent residency status. The primary application process is unbiased and based on a point ranking system. Once you get 67+ points, you are eligible to enter the pool from which the next steps follow. The points are based on age, work experience, English or French fluency, education, and Comprehensive Ranking System (CRS) scores. In this pool, you get access to the board for job positions in Canada. For this pool, too, your ranking will be calculated based on the points you get. You may update your profile at any time of the year to show your educational attainment or if you wish to add other needful updates to your application to increase the point score.
Express Entry
Once you attain the required point score, you will be more chances to get selected during a drawing. Henceforth, with additional paperwork, you may proceed to become a permanent citizen. Once your permanent resident status is approved, you must live in the country for a minimum of 2 years out of the next five years.
Economic immigration
Canada’s government now recognizes the significant need for increased immigration pathways to grow the labor force and the economy. It can be attained only by bringing in more qualified people with the right skill sets to meet the country’s present and future economic needs. The Express Entry system supports the increased proportion of skilled immigrants from around the globe to complement the ongoing immigration efforts. Canada is also making adequate efforts to retain the talent already present in the country. For this, the applications of over 90,000 temporary workers from the health/essential sectors and the student graduates who have applied for the May to November 2021 Permanent Residence to Temporary immigration pathways will get finalized. In addition, the government announced the Economic Mobility Pathways Pilot (EMPP) for skilled refugees to easily access other economic immigration pathways such as the Provincial Nominee Program (PNP), and Atlantic Immigration Program (AIP), and the Rural and Northern Immigration Pilot (RNIP) Program.
Provincial Nominee Program
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by Immilaw Team | Jul 13, 2022 | Canada
A Canada Tourist Visa is an official document connected to your passport and issued by a Canadian Visa Office. It is proof that you have fulfilled the conditions for temporary residency in the nation (either as a visitor, a student, or a worker). A Temporary Resident Visa is the official name for it (TRV).
There are two types of Visitor Visas for Canada:
Single entry visa: Single entry visas are generally issued for a period of up to 6 months
Multiple-entry visa: Multiple-entry visitor visas are granted for up to 10 years or one month before the expiry date on the passport or re-entry visa (whichever date comes first).
The applicant can apply for the Canadian Visitor Visa in two modes. One method is through the online portal, and the other way is paper-based process. First, you can visit Canada as a temporary visitor to visit family and friends for a holiday or business.
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The visa requirements for a Canada tourist visa are:
- A valid passport
- Proof of good health
- No criminal history or immigration-related convictions
- Proof of funds to sustain you during your stay
- The planned duration of your stay and temporary residence
- You must provide proof of intent to return to your home country, showing that you have ties such as a job, family bonds, financial assets, and home.
Canadian Visitor Visa (TRV) application Refusal
Section 179(b) of IRPR states,
Issuance – An officer shall issue a temporary resident visa to a foreign national if it is established that the foreign national follows an examination.
(b) will leave Canada by the end of the period authorized for their stay as per Division 2 [Conditions on Temporary Residents]
Failure to meet the provisions of Section179(b) of the Immigration and Refugee Protection Regulations (IRPR) is the main reason for refusing a visitor visa application to Canada.
1. Refusal based on travel history
When the applicant has not traveled outside the home country or has traveled less frequently than others, the Immigration officer may refuse the application. The application can also be rejected when the applicant has extensive travel history.
Based on your travel history, I am not convinced that you will leave Canada at the end of your temporary resident status, as required by paragraph 179(b) of the IRPR.
2. Refusal based on the purpose of the visit
Sometimes the visa is refused because the applicant has not explicitly stated the purpose of coming to Canada or the purpose mentioned is tricky. The goal must be clear and not ambiguous, like if the applicant said that they were coming to visit their friend. However, if the applicant’s purpose is to visit their friends for their marriage and includes a copy of the invitation. The goal is clear, and in such a situation, the officer will believe that the purpose is genuine.
Based on the purpose of your visit, I am not convinced that you will leave Canada after your temporary resident status, as required by paragraph 179(b) of the IRPR.
3. Refusal based on Family Ties
This is a common ground for the refusal of the visa application. If the applicant has family in Canada, this can work against the applicant as it is one reason they may not wish to return home at the end of their stay in Canada. Therefore, the applicant must explain the nature of his ties in Canada and his home country.
Because of your family links in Canada and your country of residence, I am not convinced that you will depart Canada after your temporary resident status, as required by paragraph 179(b) of the IRPR.
4. Refusal based on Immigration Status
To apply for a visa to Canada, the applicant must have legal status in the country where they are located when they apply. Proof of the applicant’s legal status in their country of residence at the time they make the application must be included when they apply for a visa to Canada; otherwise, the application will be refused.
Because of your immigration status in your country of residence, I am not convinced that you will leave Canada after your temporary resident status as specified in paragraph 179(b) of the IRPR.
5. Refusal Based on Financial Status and Personal Assets
This refers to the visa’s financial status and funds available to the applicant. The application must include financial information and all the documents supporting funds available to the Canadian citizen or permanent resident who has invited the applicant and the applicant himself. You must prove to the immigration officer that you have sufficient money to support your trip to Canada. It is necessary to prove that you have enough funds to pay for the ticket to visit Canada, the cost of tourism, meals, lodging, gifts, and the return ticket to the country of residence.
Because of your assets and financial situation, I am not convinced that you will depart Canada at the end of your temporary resident status as specified in paragraph 179(b) of the IRPR.
6. Refusal Based on Current Employment Situation
Since it is essential to show sufficient funds to support the visit to Canada, it is necessary to show that the applicant is employed in the country of residence. A job in the visa applicant’s home country is one of the most substantial ties they can show to their country of residence as proof that they will return when their trip to Canada is over.
Because of your existing job situation, I am not convinced that you will depart Canada after your temporary resident status, as required by paragraph 179(b) of the IRPR.
7. Refusal based on length of Proposed Stay
The visitors who enter Canada can stay up to a maximum of 6 months unless they are advised otherwise by Canada Border Services Agency when they arrive. The “length of proposed stay” is a prevalent ground for refusal as asking for the maximum amount of time allowable to the visitor in Canada is not considered reasonable by the officers and appears to them that it is likely that the applicant will not leave Canada on time.
Because of the length of your anticipated stay in Canada, I am not convinced that you will leave Canada at the end of your temporary resident status, as required by paragraph 179(b) of the IRPR.
8. Refusal Based on Employment Prospects in the Country of Residence
Applicants for a visa need to show that they have the money to pay for their trip to Canada and that they are employed as proof of where the funds required to support the visitors come from. Overall, unemployment in the applicant’s country of residence negatively impacts the visa application. If an immigration officer believes that an applicant is likely to lose their job as a result of traveling to Canada or that they are unlikely to be able to get a job if they are not currently working, employment prospects in the country of residence can be used as grounds for refusal of the visa application.
Because of your career prospects in your country of residence, I am not convinced that you will depart Canada after your temporary resident status, as required by paragraph 179(b) of the IRPR.
9. Refusal Based on Insufficient Funds, Income, or Assets
The visa application will be refused if the immigration officer believes that the applicant does not have enough funds to support his trip to Canada and return to the country of residence. Therefore, showing enough money to pay for their trip back to their home country is essential.
I am not convinced that you have adequate funds, including income and assets, to carry out your stated purpose in visiting Canada, support yourself while in Canada, and affect your departure.
10. Refusal Based on Insufficient Documentation of Income and Assets
The applicant must provide documentation demonstrating the availability of funds supporting their visit. The burden of proof is on the applicant to prove that they meet all the financial requirements for issuing a visa. For this, they must support their application with sufficient documents showing their access to funds/host’s income and assets.
You have not provided sufficient documentation to support your / your host’s income and assets.
11. Refusal Based on Misrepresentation of Documents
If the IRCC does not believe that the documents or information you have submitted are genuine, this alone is grounds for refusal of the application under section 40 of the Immigration and Refugee Protection Act for Misrepresentation. In such a scenario, the applicant will be barred from entering Canada for a certain period, and any future immigration applications will be viewed with significant doubt and distrust.
You have submitted documents that lack authenticity as part of your application. This has diminished the overall credibility of your submission. Usually, applicants do not understand the process, and there is a high rate of refusal when an individual applies on their own. Usually, when an application is submitted after one or more rejections, it should address all the previous refusal reasons; otherwise, an officer may refuse the application again. Therefore, it is advisable to consult a professional Immigration Lawyer to process your application and help you reach the desired destination smoothly.
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