Judicial review is a legal process that enables individuals to challenge decisions made by immigration authorities. It allows a Federal Court judge to assess whether the actions of the immigration officials were fair and by the law.
If the judge finds that the decision-making process is flawed, they can order the authorities to reconsider the application.
While judicial review does not guarantee approval, it does ensure that the application receives a fair reassessment. This can be a valuable opportunity for individuals facing immigration refusals, providing a chance for a more equitable decision.
When Can You Appeal an Immigration Refusal?
If the judge allows the judicial review, the authorities must review the application. Alternatively, you may choose to bring your case to the Immigration Appeal Division (IAD) of the Immigration Refugee Board of Canada (IRB). This distinction between judicial review and appeal provides you with two potential paths to challenge an immigration refusal.
If your appeal is successful, the IAD adjudicator, often called a member, will generally approve your application. This member is responsible for hearing appeals and deciding on cases before the IAD. As a result, an appeal is often a more favorable option than a judicial review, which can be more time-consuming and uncertain.
How Does the Judicial Review Process Work?
The judicial review process is an essential option for those looking to challenge decisions made by immigration authorities. By understanding the steps involved, you can navigate the process more effectively and protect your rights.
Let us delve into the steps of the JR process:
Apply for leave and judicial review, which requires a filing fee of $50.
If the judge grants leave, you will likely attend an oral hearing. Sometimes, immigration authorities may settle before the hearing, eliminating the need for it. If the judge denies leave, you lose the case without an option to appeal.
At the hearing, the judge can either:
Allow the judicial review, leading to the reopening of your application by the immigration authorities.
Dismiss the judicial review, meaning the authorities will not reopen your application.
A typical judicial review does not provide a right to appeal. However, if the Federal Court judge certifies a severe question of general importance, you may file an appeal with the Federal Court of Appeal.
Always remember that the specific process may vary based on the details of your case.
Timelines for Filing a Judicial Review in Canada
If you are considering filing a judicial review (JR), it is crucial to act quickly due to strict deadlines.
For decisions made inside Canada, you have only 15 days from the date you receive the decision to submit a JR application. For decisions made outside of Canada, the deadline extends to 60 days.
It is highly recommended that you consult an immigration lawyer as soon as you receive the decision.
While there are fixed filing deadlines, predicting the processing time of a JR is much more challenging. In some cases, the Court may agree to extend the deadline under specific circumstances [A72(2)(c)]. The time it takes for the process can vary significantly.
For instance, a recent JR hearing involving over 100 people took four years from the initial filing to the hearing. However, the hearing process usually concludes in under a year for individual cases.
Is Requesting Reconsideration a Viable Alternative to Judicial Review?
A request for reconsideration can be made regarding an immigration decision, but the likelihood of success is typically low. You must view this option as supplementary rather than a replacement for a judicial review. You may file a reconsideration request just days before initiating the judicial review process or even simultaneously.
For judicial review cases, having a lawyer by your side is essential. While we specialize in IAD cases and various non-court issues, our immigration lawyer is ready to assist you. Schedule a consultation or complete our assessment form to get started.
The Humanitarian and Compassionate (H&C) application offers a pathway to Canadian PR for individuals who cannot meet standard immigration criteria due to exceptional circumstances. This route is generally pursued as a last resort once other immigration options have been exhausted or when no other viable pathways are available.
The H&C application is primarily designed for those already residing in Canada. It addresses unique and compelling situations, such as long-term establishment, family connections, criminal or medical issues, or de facto family relationships. While it is possible for individuals outside Canada to apply, Immigration, Refugees, and Citizenship Canada (IRCC) rarely consider such applications.
The procedure is distinct and is left up to the judgement of immigration authorities. Applicants must provide substantial evidence and convincing reasons to show why their situation deserves an exception.
Who Can Apply for Humanitarian and Compassionate Grounds?
On the grounds of humanitarianism and compassion (H&C), foreign persons who are residing in Canada but do not currently hold legal immigration status may apply for permanent residence.
People who have overstayed their visas.
They were excluded from the family class because their sponsor didn’t declare their existence or have them examined.
They had a refugee claim denied more than a year ago.
Who is Excluded from the H & C?
Before submitting an application for H&C, those who have an active refugee claim must withdraw it.
Ineligible are those who received an adverse decision from Immigration, Refugees and Citizenship Canada (IRCC) in the past 12 months, except those with young children or severe medical conditions.
Those who in the previous 12 months, retracted their refugee application.
Designated Foreign Nationals and individuals considered “irregular arrivals” into Canada are excluded for five years.
What conditions must you meet in order to prolong your stay in Canada while filing an H&C claim?
Extending your stay in Canada during a pending Humanitarian and Compassionate (H&C) claim requires careful attention to maintaining your legal status. You must ensure that your work permit, study permit, or visitor visa remains valid while processing your application. This is crucial, as any lapse in your status could lead to a removal order.
Let us see the steps to maintain Legal status during an H&C Application:
Apply for an extension before your current permit or visa expires.
Meet the conditions of your current status, ensuring you continue to comply with all regulations (e.g., only work or study with the proper authorization).
Fulfill the criteria for the category under which you are applying to extend your stay.
Opt for Online submission for quicker processing, though paper applications are also accepted.
How can you renew an expired Canadian Resident status?
Renewing an expired Canadian resident status requires meeting specific eligibility criteria and taking timely action before your PR card expires. Before leaving Canada as a permanent resident, make sure your card is valid for a minimum of six months. If the expiry date is approaching, apply for a renewal while still in the country.
If you wish to renew your PR status, keep in mind that you must be :
A permanent resident of Canada.
Be physically present in Canada.
Not hold a Canadian citizenship or an Indian Act registration.
Not be under a removal order.
Not have been convicted of an offence
If your PR card is lost, stolen, or expires while abroad, request a Permanent Resident Travel Document (PRTD) to return to Canada. You must have this document to re-enter. You can apply for a renewal of your PR card once you’re back in Canada.
What is the process for a H&C application?
Applying for Canadian PR on H&C grounds is a detailed process requiring careful attention. You may begin by:
Complete all required forms and gather the necessary documents.
Submission letter that clearly explains your situation and the reasons for your H&C claim.
Apply and pay the required processing fees.
After submitting your application, Immigration officers will assess your case to determine if your circumstances justify granting you PR. They may consider the certain aspects that help determine whether granting permanent residence on H&C grounds is justified.
Among the variables that could be taken into account include, but are not restricted to:
Establishment in Canada
Unable to depart Canada, which resulted in the creation
Being cut off from family or having connections to Canada
Best interests of any kids your application may impact
Health considerations
Family violence considerations
Consequences of your separation from relatives
Elements in your nation of origin (unrelated to applying for protection)
Anything else you would want to have had taken into account that is pertinent but unrelated to requesting protection.
Consideration of the Child’s Best Interests
When assessing your application, the best interests of any children directly affected by the decision will be carefully considered.
A few examples of variables that could be relevant to the child’s best interests are as follows:
child’s age
child’s establishment in Canada
circumstances in the child’s nation of origin that may have an effect
child’s medical needs
child’s education
child’s gender
Please note that the best interests of a child are one of many significant considerations that the decision-maker will take into account.
You may include critical documents:
Provide credible third-party documents.
Include medical reports.
Submit expert opinions on your home country’s conditions.
Attach income records.
Provide recommendations from employers or other relevant individuals.
If your application is accepted, you may apply for permanent residence on H&C grounds. If, for some unfortunate reason, your application is rejected, you may appeal to the Federal Court of Canada within 15 days. But the procedure is intricate and necessitates legal knowledge.
Also remember that online stay extension requests usually process in about three months, while paper applications often take a bit longer. It’s essential to maintain your legal status in Canada and avoid international travel during this time, as you may need to attend interviews or provide additional documentation.
Steps to Apply for H& C Grounds
Applying for Humanitarian and Compassionate (H&C) grounds involves completing several forms and providing detailed information. Here’s how to proceed:
If you are already in Canada
Fill out the general application: For immigration to Canada, use Form IMM 0008.
Submit the H&C exemption request: Fill out Form IMM 5283 to request an exemption based on Humanitarian and Compassionate grounds.
If you are applying from outside Canada
Select an immigration class: Choose from the refugee, family, or economic class forms.
Include your H&C reasons: Provide detailed reasons for seeking relief on Humanitarian and Compassionate grounds in your application.
What are valid Humanitarian Grounds for Application?
Applying on humanitarian grounds may be justified by:
Seeking permanent residence in Canada due to established economic ties.
Having little children who might be harmed by the applicant’s removal from Canada
Facing a life-threatening medical condition that is untreatable in the applicant’s home country.
Experiencing threats or fear from individuals in their home country.
5 FAQs
1. What should I do if my Humanitarian & Compassionate (H&C) application is refused?
If you face a refusal, don’t worry! You still have 15 days to file an Application for Leave and Judicial Review with the Federal Court of Canada. The court will return your application for reconsideration if it finds it to be meritorious.
2. How long does it typically take to process an H&C application?
The H&C application process can be quite lengthy, often taking around two to three years. The good news is that you can stay in Canada while your application is being reviewed if you make additional applications.
3. What is the duration of a humanitarian visa once it’s granted?
Once granted, a humanitarian visa leads to permanent resident status, which generally requires you to reside in Canada for at least two years, though there are some exceptions.
4. How can I ensure my H&C application is as strong as possible?
To strengthen the application, you may gather and present detailed documentation, including evidence of your circumstances and any supporting third-party documents. Seeking guidance from experienced immigration lawyers/ ImmiLaw Immigration can also significantly boost your chances.
5. What role can ImmiLaw Immigration play in my H&C application process?
ImmiLaw Immigration Law Professional Corporation can be a game-changer for your H&C application! Our expert team of immigration lawyers will help prepare your case, compile necessary documents, and navigate the complex legal process, ensuring you have the best chance of success.
These letters are crucial in showing Canadian authorities your qualifications and how you fit into the current job. Getting them right is your first step towards achieving your immigration goals.
What is NOC and its Importance?
The National Occupational Classification (NOC) is a system in Canada that assigns a code to every occupation in the Canadian labour market using the NOC matrix. The NOC is managed by Employment and Social Development Canada (ESDC) and it is regularly updated to keep up with changes in the Canadian job market.
Immigration, Refugees, and Citizenship Canada (IRCC) uses these codes to assess the work experience of immigration applicants. Hence, when applying to immigrate, you must match your job experience to the proper NOC code.
About Employment Reference Letter for Canadian Immigration
An Employment Reference Letter is not the same as a typical job reference letter. Instead of recommending you as a potential employee, this letter verifies that you worked for a specific employer for the period you claimed and that your role aligns with your chosen NOC code.
These letters are crucial because they allow the visa officer to review your application and calculate your work experience. Since work experience is a significant factor in most economic immigration programs, the quality of your reference letter can significantly affect your application. The visa officer may deny your application if they doubt the authenticity of your letter or if it lacks essential information to validate your work experience.
Handling Multiple Positions within the Same Company
What if you have held multiple positions within the same company? In this case, try to get the company to issue separate letters for each role and check the NOC code accordingly. If multiple positions are included in one letter, ensure that the letter mentions breaks up each period of employment. This helps provide a detailed and accurate account of your work history, making it easier for immigration officials to assess your experience.
How to Draft a Strong Employment Reference Letter?
While drafting the ideal Employment Reference Letter, remember that the ideal format plays a crucial role in its success. It should be formal and include comprehensive information about the issuing company.
A well-crafted reference letter ideally includes:
Your exact job title
Duration of your job
Average working hours in a week
Job responsibilities and duties
Weekly Salary
Company letterhead for a professional appearance
Signature from authorized officer or supervisor
Printed name and job title of the signer below their signature
Contact details of the company
Official company seal, if available
Business card of the signer, if possible
The visa officer may view the absence of these elements in your reference letters as a potential red flag regarding the authenticity of the employer issuing the letter.
Among the list, as mentioned earlier, the detailed job responsibilities and duties are crucial for an ideal reference letter. This section should outline your daily tasks and responsibilities, comprising most of the letter’s content.
Remember, visa officers may not be familiar with some industry-specific abbreviations or terms, so you must clearly explain the job duties. That means clarity is vital.
The visa officer confirms whether you have chosen an appropriate NOC code or are an apt candidate by checking your detailed duties. Every NOC code has an associated lead statement and a list of duties. It’s acceptable if your official job title doesn’t exactly match those listed under your chosen NOC code as long as your job duties correspond to its description and duties.
However, suspicions may arise if your reference letter contains precisely the same as the NOC description. The visa officer might interpret this as an attempt to make the letter fit the NOC requirements rather than accurately reflecting your work experience. Such letters are considered “self-serving” and may lead to the rejection of your application.
Alternative Ways to Prove Work Experience Without an Employment Reference Letter
An Employment Reference Letter is the most reliable and secure method for proving your work experience. However, if you cannot obtain one for a valid reason, there are other ways to persuade the visa officer. You can provide supporting documents such as:
Employment contracts
Promotion letters
Paystubs
Photos of you at work
Affidavits from former colleagues
It is essential to include a signed letter detailing why you cannot provide an Employment Reference Letter. However, the final decision always rests with the visa officer, even if you have a strong reference letter. The key is compiling a thorough job record to demonstrate the authenticity of work experience. Including more information generally enhances credibility with the visa officer and improves your chances of approval.
ImmiLaw Immigration Law Professional Corporation, with a team of highly proficient immigration lawyers, assists with diverse immigration needs. Our experienced team supports creating EE profiles, choosing PNP programs, and providing additional services.
Contact us to embark on a brighter future in Canada.
Family sponsorships are the most popular and second-largest immigration pathway after economic immigration for those seeking to settle in Canada. Thanks to Canada’s immigration policies that commit to inclusion and togetherness through family sponsorship programs.
You may sponsor your closest relative if you are a Canadian citizen or permanent resident. However, not every family member is eligible for the family sponsorship. This article will give you details of family members you can sponsor, how to sponsor them, and the procedures for sponsorship in detail.
Can everyone Sponsor their family?
Sponsoring your family in Canada is a great step toward family reunion and building a new life together in a country known for its inclusivity. However, not everyone can sponsor their loved ones, and not every relative is eligible for family sponsorship. You are eligible for sponsorship if you are at least 18 years of age and meet any one of the following listed below:
A Canadian citizen
A Canadian permanent resident
A registered Indian under the Canadian Indian Act
Furthermore, other requirements may be needed depending on the specific program you are applying to.
Let us see various sponsorship programs for different types of relatives.
1. Sponsor your spouse, common-law or conjugal partner
Canada welcomes around 80,000 family-class immigrants under its Spouses, Partners, and Children category. As a Canadian resident or citizen, The federal government allows you to bring your spouse or partner and become a permanent resident of Canada.
To sponsor your foreign spouse/partner, you must prove that your relationship is genuine and fits into either of the three categories below:
Spouse: You are legally married to each other
Common-law partner: You have lived together in a marriage-like relationship for at least 12 consecutive months.
Conjugal partner: You have maintained a committed and continuous relationship for at least 12 months but cannot live together due to significant barriers such as cultural, religious, or immigration challenges.
You can sponsor your same-sex partner as Canadian law recognizes that relationship as genuine. However, both must meet all the eligibility criteria set by IRCC.
Requirements to sponsor in Canada
Sponsoring a spouse/partner in Canada involves financially supporting the sponsored person for three years. They must not avail themselves of any social benefits from the government. Nor should they be declared bankrupt. Furthermore, you must sign an undertaking proving that you will meet the basic needs of the sponsored person. The basic needs include the following:
Accommodation, including utility expenses
Food and personal care items
Clothing and other essentials for daily life
Healthcare costs not covered by public insurance, such as dental and vision care
Expenses to Sponsor a Spouse/partner
You may need to remit various fees to sponsor your spouse/partner. These include sponsorship fees, principal applicant processing fees, and biometrics (fingerprints and photos). The total cost may be approximately CAD1200 plus. You may check the official website for the latest information.
Your sponsored person can live, study or work in Canada as per the immigration policies.
You have two main options when sponsoring:
Outland sponsorship.
Inland sponsorship.
Outland Sponsorship
The sponsor must reside in Canada, and the sponsored person can reside abroad. Throughout the application process, the sponsor must be in Canada, while the sponsored person may freely travel to and from Canada with a visa-free passport or a Canadian visa.
Inland Sponsorship
During the sponsorship application, both parties must reside in Canada. The spouse/partner must have a temporary resident visa status, such as a student, worker, or visitor. They are also eligible to work under an Open Work Permit (OWP) so that they, as a family, won’t face too much of a financial burden.
2. Sponsor your Dependent Children
The dependent child sponsorship program allows Canadian citizens and permanent residents to bring their child from their home country to Canada. This program comes under Family Class Sponsorship. Whether they are biological or adopted children, parents can sponsor them and live together in Canada.
Eligibility Criteria
The sponsor must be at least 18 and be a resident of Canada.
The sponsor must pledge to financially support the dependent for either ten years or until the child reaches 25, whichever occurs first.
The child must be under 22 years old and unmarried or not in a common-law relationship.
If the child is over 22, they must have maintained continuous enrollment in studies, have a disability, or have been dependent on the sponsor due to other reasons before their 22nd birthday.
Once your child turns 22, you cannot sponsor them, so applying before this age becomes crucial.
The whole process of applying can be divided into two:
Submit a sponsorship profile to IRCC
Upon approval, you may apply for PR status for your dependent child.
3. Sponsor your Parents and Grand Parents
Canadian citizens and permanent residents can bring and live with their parents and grandparents through the Parents and Grandparents Program (PGP).
The PGP runs annually using a lottery system.
Qualified sponsors complete an “interest to sponsor” form and join a pool of candidates.
If chosen, sponsors must file an application on behalf of their parents or grandparents.
Sponsors must commit to providing financial support, including medical, food, housing, and other related expenses, for their sponsors.
This allows them to reunite with their families in Canada and access the full range of social benefits available to permanent residents.
Sponsor via Super-Visa Program
Apart from PGP, you may opt for a Supervisa to sponsor your parents and grandparents. A supervisa is a multiple-entry visa that permits your sponsored persons to stay up to five years in Canada. During this period, there is no need to renew the visa.
The validity of this visa is up to ten years, allowing the sponsored person to enjoy and experience Canadian life.
Unlike PGP, Super-Visa has the fastest processing time and that too you may get approval within weeks. The whole process of family reunion requires less amount of time.
However, unlike PGP, a Supervisa doesn’t lead to permanent residency and instead offers longer stays without frequent renewals.
4. Sponsor siblings, nephews, nieces, or grandchildren.
You may sponsor your siblings, nephews, nieces or grandchildren if they meet the following criteria:
Related to you by blood or through adoption.
Both of their parents must be deceased.
They must be under 18 years of age.
They must not be married, in a common-law relationship, or in a conjugal partnership.
However, you cannot sponsor if:
Either of their parents is still alive.
The whereabouts of their parents are unknown.
Their parents abandon them
They are cared for by someone other than their parents, with one or both parents still alive.
One or both parents are incarcerated or otherwise detained.
5. Sponsoring Other Relatives
In addition, Canadian citizens or permanent residents can sponsor other relatives under specific conditions.
To qualify, the sponsor must have no other living relatives they could potentially sponsor, such as a:
Spouse
Domestic partner
Conjugal partner
Child or children
Mother or father
Grandmother or grandfather
Orphaned siblings
Orphaned nieces or nephews
Orphaned grandchildren
Moreover, the sponsor must not have any other relatives, such as an aunt or uncle, who are:
Canadian citizens
Permanent residents of Canada
Registered Indians under the Canadian Indian Act
If the relative you want to sponsor has a spouse, partner, or dependent children who will accompany them to Canada, they must be included in the same sponsorship application.
Who You Cannot Sponsor?
You cannot sponsor a person who is inadmissible to Canada under the immigration law. If you are not allowed to enter Canada due to inadmissibility, you will not be permitted to enter the country.
However, in certain cases, you may be issued a temporary resident permit. If you have a criminal record, options are available to address your inadmissibility.
Entry into Canada may be denied for various reasons, including concerns related to security, criminal history, or medical conditions. You may need to check for the reasons and may consult a good immigration lawyer to overcome the inadmissibility.
At ImmiLaw Immigration, we have proficient immigration lawyers and overseas study experts who can assist you through every step to ensure a smooth migration to Canada. We understand the challenges you may face during the immigration process of your dear and near ones.
You may contact us for any personalized assistance tailored to your needs.
International students can secure Canadian PR by investing time and effort in understanding the various immigration programs available. However, graduating from Canadian universities does not grant you a PR; however, you can enhance your chances of obtaining it.
In this article, we will explore the steps required to attain PR after completing your studies in Canada.
PGWP for International Students
The Post-Graduation Work Permit (PGWP) is an open work permit that allows international students to work after completing their studies in Canada. To qualify, students must complete their studies at a Canadian Designated Learning institution (DLI).
A PGWP holder can work for any employer anywhere in Canada. This enables the students to acquire Canadian work experience, which improves their chances of Canadian immigration and PR.
Most of the immigration pathways value these work experiences highly and add extra scores to their immigration profile. All these lead to the opening of many opportunities in the job market.
You should research various immigration pathways and find the one that fits you the most. Always check for the eligibility criteria and make sure that you have gathered all necessary documents. The common criteria include age, education, work experience and language proficiency. The more early you apply, the more you become eligible for various job titles. For most provinces, English proficiency is mandatory, and to prove this, you must submit test results for IELTS, CELPIP, CAEL, or TOEFL. For Quebec, French proficiency is a must.
If you have a valid job offer from a Canadian employee, this will automatically enhance your chances of getting PR.
Popular Immigration Pathways for International Students
There are a lot of immigration programs tailored for international students to attract and retain them in Canada. The popular among them are Express Entry, Provincial Nominee Programs (PNPs) and Quebec PNPs. Unlike other provinces, Quebec has a unique immigration program specially designed for French-speaking skilled professionals. All these pathways reflect the Canadian government’s efforts to fill the labour shortages and bolster the economy by attracting skilled individuals who have integrated into Canadian culture and society through studies.
Now, let us delve deeper into various immigration pathways.
Express Entry
Express Entry is an online platform by the Canadian government that manages PR applications from skilled workers who wish to migrate to Canada. This platform manages applications for three main federal economic immigration programs:
Prospective immigrants can select the program that aligns best with their specific qualifications and situations. For instance, if you are an international student with one year of Canadian work experience, you may choose CEC as the best option. If you have one year of work experience from abroad, you may opt for FSWP. By making wise decisions, you maximize your chances of obtaining Canadian PR.
To qualify for Express Entry immigration, you must meet the eligibility requirements for at least one of the three programs mentioned above. After meeting the criteria, you may create an express entry profile by entering all the details mentioned there. You must submit this profile on the website of Immigration, Refugees and Citizenship Canada (IRCC).
Based on various criteria, such as age, education, skills, and work experience, you get Comprehensive Ranking System (CRS) scores, and then you may be ranked accordingly.
There are many ways to boost your CRS scores. For instance, if you are an international student and complete a program at a Canadian Institution, you will get extra points. Again, if you have Canadian working experience, that will also increase your CRS scores, thereby increasing your chance of attaining PR.
Candidates with the highest scores will be sent Invitations to Apply (ITAs) through Express Entry Draws conducted by IRCC every two weeks. Once you receive an ITA, you may submit your complete PR application within a time frame of 6o days. Thus, International students have greater opportunities to excel through the Express Entry stream and secure a Canadian PR.
Provincial Nominee Program (PNP)
Every province in Canada has its own PNPs and manages them to attract skilled professionals from worldwide. International students who study in a particular province can apply for its specific Provincial Nominee Program to increase their chances of getting PR. Choosing the province to reside in is advisable before deciding where to study. Many PNPs choose skilled professionals who have contributed to their economy. So, select your province wisely, and then PNP will be the ideal choice for Canadian immigration.
As mentioned earlier, Quebec has different immigration criteria and requirements. Through the Quebec Experience Program, the provincial government chooses skilled professionals with French proficiency. Those who have studied and worked in Quebec have better chances of being nominated for Canadian PR.
Other Immigration Pathways
There are many immigration pathways to choose from if you are seeking to migrate to Canada. International students can choose from the following:
Atlantic Immigration Program (AIP): International students who have completed their graduation from Nova Scotia, New Brunswick, Prince Edward Island, or Newfoundland and Labrador are eligible to apply for this program.
Rural and Northern Immigration Pilot: This option is available to international students who have graduated from rural and northern communities in Canada.
Other nationals like Hong Kong: Students of Hong Kong nationality who have graduated from DLI of Canada also have many immigration pathways.
Understanding National Occupational Classification (NOC) for International Students
The National Occupational Classification (NOC) is a Canadian system for classifying jobs based on skill types and levels across various sectors. The NOC system assigns a unique code to each job, along with a skill level and skill type designation. International students can benefit from familiarizing themselves with NOC classifications relevant to their field of study and desired career path.
Also, international students working in jobs classified under NOC skill levels 0, A, or B can improve their immigration chances, as these are prioritized for the skilled worker’s program.
In most cases, the immigration streams require skilled workers with job experience who are labelled “highly skilled” under NOC. Some streams accept “intermediate” and others “lower-skilled” as well. So, you must familiarise yourself with NOC codes and titles before you start working. International students should opt for internship, co-op, or post-graduation work placements that correspond with NOC skill classifications to boost their likelihood of getting Canadian PR.
Family Sponsorship
As per the Canadian immigration policy, Canadian citizens or permanent residents can sponsor their close family members. For instance, if you are married to or in a common-law relationship with a Canadian citizen or permanent resident and meet the specified eligibility requirements, they can sponsor you for permanent residency. You may also sponsor your dependent children and grandparents. As an international student, once you obtain permanent residency (PR) in Canada, you can work, live, and settle in the country with your family.
ImmiLaw Immigration Law Professional Corporation offers comprehensive immigration assistance, covering everything from the Express Entry system to Provincial Nominee Programs, work permits, and more. Our team comprises proficient immigration lawyers and overseas study experts, providing tailored guidance to meet individual needs.
The Spousal Open Work Permit (SOWP) program offers a lifeline to spouses, common-law partners, and conjugal partners of Canadian citizens or Permanent Residents during the lengthy process of sponsorship for permanent residence. This initiative allows them to secure employment with any employer in Canada, ensuring financial stability while their immigration application progresses.
Effective January 22, 2024, IRCC has made changes to the eligibility for Spousal Open Work Permits (SOWP) for spouses of international students in Canada. Notably, spouses of international students enrolled in undergraduate and college programs are no longer eligible for SOWPs.
Immigration Minister Marc Miller mentioned during a comment to the Standing Committee on Citizenship and Immigration (CIMM) on February 28 that he was restricting SOWPs to the partners and spouses of master’s and PhD students. He explained that this measure aimed to address volume and integrity challenges in an area believed to be exploited and not necessarily legitimate.
That means from March 19 onwards, only spouses of international students studying for a master’s or doctoral degree in Canada are eligible for SOWPs.
Exceptions to SOWP Eligibility for Undergraduate Students
While recent changes in SOWP eligibility affect partners of undergraduate students, certain exceptions exist for spouses enrolled in specific professional degree programs at Canadian universities. These exceptions offer opportunities for spouses to apply for SOWPs despite the broader limitations.
Spouses of undergraduate students enrolled in the following professional degree programs at a university can still apply for a SOWP:
Bachelor programs
Bachelor of Law or Juris Doctor (LLB, JD, BCL)
Pharmacy (PharmD, BS, BSc, BPharm)
Bachelor of Science in Nursing (BScN, BSN, BNSc)
Bachelor of Education (B. Ed.)
Bachelor of Engineering (B. Eng., BE, BASc)
Doctoral programs
Doctor of Dental Surgery (DDS, DMD)
Doctor of Medicine (MD)
Doctor of Optometry (OD)
Doctor of Veterinary Medicine (DVM)
Document Requirements for SOWP Applications
When spouses and partners apply for a SOWP, providing the necessary documentation is crucial to demonstrate the relationship and enrollment status of the student.
Spouses and partners seeking a SOWP must furnish documentation confirming their relationship with the student and evidence of their enrollment in a degree-granting program. IRCC accepts the following documents as proof:
Valid Letter of Acceptance (LOA) from a Designated Learning Institution (DLI)
Proof of enrollment letter issued by the spouse or partner’s DLI
Academic transcripts from the spouse or partner’s ongoing program
IRCC requires these documents to ensure transparency and compliance with Canadian immigration regulations.
Eligibility for Prior Applicants Unchanged
According to IRCC, those who submitted a SOWP application before March 19 remain eligible, provided their partner meets these requirements.
Holds a valid study permit
Qualifies for a post-graduation work permit (PGWP).
Is enrolled full-time at one of the following types of educational institutions.
Public post-secondary schools (e.g., colleges, universities, or CEGEP in Quebec)
Private college-level schools in Quebec.
Canadian private schools that are authorized to confer degrees under provincial law (e.g., bachelor’s, master’s, or doctoral degrees).
Exploring Other Options Beyond SOWP
As SOWP eligibility criteria undergo revisions, individuals explore alternative options to maintain their status and work opportunities in Canada. Understanding these alternatives is crucial for spouses and partners of international students navigating the evolving immigration landscape.
Amidst changes to SOWP eligibility, spouses and partners of international students can consider several alternative pathways. These may include applying for different types of Work permits or opting for a Visitor Visa (TRV). However, it is essential to note that individuals entering Canada on a visitor visa are not authorized to engage in employment.
As a closing remark, SOWP is vital in fostering economic stability and family unity within Canada’s immigration framework. A SOWP permits holders to work for nearly any employer in Canada, aligning with IRCC’s objective of facilitating family reunification.
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 to bring your partner to Canada to embark on a brighter future in Canada.
