5 Common Causes For Canada Visitor Visa Rejection

by Immilaw Team | Nov 27, 2023 | Canada Immigration

When applying for a visitor visa, knowing the potential grounds for refusal is essential. Among these reasons, one common cause for rejection is the inability to assure immigration authorities of your intention to depart from Canada after your authorized stay. Having solid proof, such as documents, is crucial to demonstrate your intent to comply with the visa regulations.

The decision of whether to accept or refuse a visa depends on how the immigration officer views your application. If officers suspect you won’t depart Canada after your authorized stay, they might reject your visa. It’s the applicant’s responsibility to prove they meet all visitor visa requirements.

Hence, applicants must show their commitment to returning after their authorized stay by:

• Establishing ties to their residence (like family, social ties, and community involvement).
• Providing evidence of personal assets, employment, and financial status in their home country.
• Clearly stating the purpose of their visit to Canada.

An immigration officer may refuse a visitor’s visa application if they have doubts about the applicant’s intention to depart at the end of the authorized stay.

Free Online Canadian Immigration Assessment

Factors Leading to Visitor Visa Refusals

1. Applicant’s Lack of Ties to Home Country

Insufficient evidence of ties like employment, dependent family, or property at home might lead to concerns about not returning after visiting Canada. Providing employment confirmation, residence proof, and dependent details is crucial.

2. Purpose of Visit Not Clearly Stated

Lack of detailed information about the purpose of the visit might result in visa refusal. Submitting documentation such as invitation letters or event specifics can support the application, especially if the stay is for a specific event.

3. Inadequate Financial Resources

Visa refusals might occur if there’s doubt about the applicant’s ability to finance their return trip or if the sponsor lacks adequate finance to support the visit to Canada.

4. Limited travel history

Previous visa refusals or overstay incidents elsewhere could lead to a rejection. Limited travel history also raises concerns about the likelihood of returning home after the authorized stay in Canada.

5. Misleading Information

Any false or misleading information, whether intentional or not, can lead to visa refusal. It’s essential to fill out forms accurately and provide the necessary documents to avoid misrepresentation issues.

ImmiLaw Immigration is a Canadian licensed immigration law firm with a dedicated team of Immigration lawyers. If you plan to visit your close family and friends in Cannada, we’re here to assist you throughout the process.

Please contact us for any questions or assistance regarding your Canadian r Visa application.

Read To Know: All You Need To Know About LMIA For Canada

Nova Scotia’s Critical Construction Worker Pilot Program

by Immilaw Team | Nov 6, 2023 | Canada Immigration

Nova Scotia, a province in Atlantic Canada, is set to embark on a groundbreaking initiative to bolster its construction industry. The province is launching the Critical Construction Worker Pilot, a pioneering immigration program. The program aims to address the persistent labour shortages affecting 21 essential occupations within the construction sector. This strategic move not only underscores Nova Scotia’s commitment to meeting the industry’s demand but also heralds an innovative approach to resolving employment challenges within the region’s thriving construction landscape.

Requirements for the Critical Construction Worker Pilot Program

The Critical Construction Worker Pilot – Job Offer Pathway is exclusively for individuals who have received offers for permanent, full-time employment from a Nova Scotia-based business.
To be eligible, you must:

To be eligible, you must:

• Possess one year of work experience relevant to the job.
• Hold either a high school diploma or evidence of completion of a construction-specific industry training program.
• Age must fall between 21 and 55 years.
• Prove language proficiency equivalent to CLB Level 5 for NOC TEER 0, 1, 2, 3, or CLB Level 4 for NOC TEER 4 and 5, even if English or French is your first language.
• Provide documents proving sufficient financial funds to settle in Nova Scotia.

In addition to the previously stated requirements, the job offer must also align with the approved National Occupational Classification (NOC) codes outlined below:

• 70010 – Construction managers
• 70011 – Home building and renovation managers.
• 72011– Contractors and supervisors, electrical trades and telecommunications occupations.
• 72014 – Contractors and supervisors, other construction trades, installers, repairers and servicers.
• 72020 – Contractors and supervisors, mechanic trades.
• 72106 – Welders and related machine operators
• 72200 – Electricians (except industrial and power system)
• 72201 – Industrial electricians
• 72310 – Carpenters
• 72320 – Bricklayers
• 72401 – Heavy-duty equipment mechanics
• 72402 – Heating, refrigeration, and air conditioning mechanics
• 72500 – Crane operators
• 73100 – Concrete finishers
• 73102 – Plasterers, drywall installers, finishers and lathers
• 73110 – Roofers and shinglers
• 73200 – Residential and commercial installers and servicers.
• 73400 – Heavy equipment operators
• 75101 – Material handlers
• 75110 – Construction trades helpers and labourers
• 75119 – Other trades helpers and labourers

If you are considering applying for Nova Scotia’s Critical Construction Worker Pilot Program, we encourage you to contact ImmiLaw Immigration today. Our team consists of competent and experienced immigration professionals, including lawyers, licensed paralegals, and consultants, all committed to providing exceptional service. Don’t hesitate—reach out today and let ImmiLaw Immigration’s dedicated team guide you through the process with expertise and care.

Feel free to contact us for your queries.

Read To Know: Nova Scotia to Enhance Immigration Options for Healthcare Professionals

Nova Scotia to Enhance Immigration Options for Healthcare Professionals

by Immilaw Team | Nov 4, 2023 | Canada Immigration

In a landmark September declaration by Nova Scotia’s Minister of Health, Michelle Thompson, and the province’s Minister of Advanced Education, Brian Wong, Nova Scotia is all set to transform immigration policies for foreign nationals. Immigrating to the province is about to become more accessible with the expansion of Nova Scotia’s “International Graduates in Demand” (IGD) stream within the Provincial Nominee Program (PNP).

This strategic move opens the door to prospective international students aspiring to pursue careers as paramedics and pharmacy technicians, making immigration to Nova Scotia an achievable goal for them.

International Graduates in Demand (IGD) stream

Provincial Nominee Programs (PNPs) operate across all Canadian provinces and territories except Quebec and Nunavut. PNPs empower local governments to choose and put forward immigration candidates. These selected candidates are intended for permanent residence (PR) status in their regions. The primary objective of these nominations is to tackle localized labour market shortages and fulfill specific workforce requirements.

Before this recent expansion, international graduates aspiring to work in the following occupations had the opportunity to immigrate to Nova Scotia through this PNP stream.

As a result of this announcement, the newly added categories include:

1. Nurse aides, orderlies, and patient service associates (NOC 2021: 33102)
2. Early childhood educators and assistants (NOC 2021: 42202)
3. Paramedics (NOC 2021, “Paramedical Occupations”: 32102)
4. Pharmacy Technicians (NOC 2021: 32124)

Qualification

To qualify for immigration through this specific stream of Nova Scotia’s Provincial Nominee Program (PNP), interested candidates must fulfill the following criteria:

• Hold a full-time permanent job offer from a Nova Scotia employer in an eligible occupation.
• Fall within the age range of 21 to 55.
• Must have completed a high school education or its equivalent
• Completed a course of study lasting at least 30 weeks within the past three years
• Possess the requisite certifications for the job.
• Have official language proficiency equivalent to a level 5 on the Canadian Language Benchmark (CLB).
• Sufficient financial resources to establish a permanent residence in Nova Scotia.
• Candidates must complete at least 50% of the eligible educational program in Nova Scotia.

How to apply through IGD PNP for Immigration

You may apply for immigration through IGD PNP by three simple steps:

1. Online Application Submission:
Begin by uploading all the necessary documents and submitting a completed application through the government’s official website.

2. Provincial Nomination Approval:
If your application is approved, you’ll receive a provincial nomination certificate.

3. Apply for Permanent Residency (PR):
With your provincial nomination in hand, you may apply for Permanent Residency (PR) directly through Immigration, Refugees, and Citizenship Canada (IRCC). But remember to submit your application within six months of receiving your provincial nomination certificate.

For added flexibility, applicants can request a Letter of Support for a temporary work permit from the Nova Scotia Office of Immigration (NSOI). This allows them to reside in Nova Scotia while their immigration application is being processed.

Demand for Paramedics and Pharmacy Technicians in Nova Scotia

According to the CEO of Nova Scotia’s Pharmacy Association, the province will require approximately 200 more pharmacy technicians in the coming years.
Charbel Daniel, the director of operations for ambulance services provider Emergency Medical Care Inc., mentioned that there may be an opportunity for an extra “150 to 200 paramedic positions” for international students.
In addition to including two occupations in the IGD stream of Nova Scotia’s PNP, there is a substantial demand for individuals seeking employment in various healthcare occupations throughout Canada.

Other In-Demand Healthcare Professions

As of 2023, the top three in-demand healthcare careers in Canada, according to employment agency and consulting firm Randstad, are:

• Registered Nurses (NOC 2021: 31301)
• Personal Support Workers (NOC 2021: 44101)
• Healthcare Aides** (NOC 2021: 33102)

Healthcare Aides can immigrate to Nova Scotia through the IGD stream, as mentioned earlier.

The statistics emphasize the continued demand for healthcare professionals in both Canada and Nova Scotia. As per the Government of Canada, the anticipated number of job openings from 2022 to 2031 is as follows:

• Registered Nurses: 155,400
• Personal Support Workers: 34,500
• Healthcare Aides: 191,000

Category-based Draw for Healthcare professionals

IRCC has launched category-based Express Entry draws, with the initial draw occurring on June 28, 2023. The authorities implemented these draws to attract additional healthcare workers who can actively contribute to Canada’s critical labour market needs.

In 2023, IRCC is actively engaged in conducting category-based draws aimed at issuing Invitations to Apply (ITAs) to eligible candidates. These candidates must possess recent work experience in one of five distinct occupational categories. Notably, one of the categories outlined for 2023 is dedicated exclusively to foreign nationals with recent work experience in healthcare professions. This initiative underscores Canada’s commitment to addressing its healthcare workforce needs through its immigration system.

Two Healthcare Category-Based Draws in 2023

Canada has carried out two healthcare category-based Express Entry draws within the current year.

The initial draw occurred on June 28, extending Invitations to Apply (ITA) to 500 candidates for Canadian Permanent Residency. Candidates with a Comprehensive Ranking System (CRS) score of a minimum of 476 were eligible for this draw.

The second draw in this category took place on July 6, where 1,500 candidates with a minimum CRS score of 463 received invitations.

Nova Scotia is gearing up to broaden the scope of its Provincial Nominee Program (PNP) through the expansion of the “International Graduates in Demand” (IGD) stream. Bringing new horizons to Nova Scotia, this expansion opens doors for healthcare workers to start their promising journey toward Canadian immigration.

Feel free to contact us for your queries.

Read To Know: Business Visitors And Letter Of Invitation For Bringing Them To Canada

Canadian Supreme Court Clarifies Inadmissibility Criteria Based on National Security

by Immilaw Team | Nov 3, 2023 | Canada Immigration

The Supreme Court of Canada delivered a landmark immigration law on September 27, ruling that curtails the authority of immigration officials and tribunals in deporting foreign nationals with no criminal convictions based on security concerns. The Supreme Court redefined the immigration law during the Mason v Canada (Citizenship and Immigration) case that revolved around foreign nationals Earl Mason and Seifeslam Dleiow residing in Canada.

Mr. Mason faced charges of attempted murder and discharging a firearm stemming from a bar altercation. However, due to delays, these charges were ultimately dropped. Mr. Dleiow faced allegations of committing acts of violence against intimate partners. He received dismissals on some of these charges and admitted guilt in three other cases.

After these incidents, the Canada Border Services Agency (CBSA) compiled reports claiming that both individuals were ineligible for entry into Canada under the provisions of s—34 (1)(e) of the Immigration and Refugee Protection Act (IRPA). Under the stipulations of IRPA’s Section 34(1)(e), it is outlined that a permanent resident or a foreign national can be deemed inadmissible on security grounds for their involvement in acts of violence that could potentially jeopardize the lives or safety of individuals in Canada.

In its ruling, the inadmissibility tribunal concluded that the two men were indeed inadmissible to Canada, interpreting “acts of violence” as per section 34(1)(e) in a broad manner, devoid of the necessity for a direct connection to national security or the security of Canada.

So, despite not posing a threat to national security, the aggressive actions of both individuals constituted grounds for their inadmissibility to Canada. In disagreement with this decision, the two men pursued appeals that ultimately reached the Supreme Court.

The Supreme Court determined that an individual can only face inadmissibility under section 34(1)(e) of the IRPA if their violent conduct is directly connected to national security or the security of Canada. Since neither Mr. Mason nor Mr. Dleiow were alleged to have engaged in acts of violence related to national security or the security of Canada, section 34(1)(e) did not establish grounds for their inadmissibility.

Advocates and legal experts welcome the decision of the Canadian Supreme Court and assert that the ruling will limit the capacity of authorities and government tribunals to employ overly broad measures for expelling individuals from the country, thereby enhancing accountability in deportation decisions.

Feel free to contact us for your queries.

Read To Know: All You Need To Know About LMIA For Canada

All You Need To Know About LMIA For Canada

by Immilaw Team | Nov 3, 2023 | Canada Immigration

What is LMIA for Canada?

Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) allowing Canadian employers to hire a foreign worker for a Canadian job. A positive LMIA will reflect the requirement of a foreign employee to fill the job vacancy. It confirms the unavailability of a Canadian worker or permanent resident to do the job. It also ensures that hiring a foreign worker will not negatively impact Canadian job opportunities.

Who needs LMIA?

Canadian employers hire foreign workers due to the unavailability of suitable candidates to fill the vacancy. Following are the workers that require LMIA to work in Canada:

• High-wage workers
• Low-wage workers
• Seasonal Agricultural Workers: temporary agricultural workers

Please visit the official website of IRCC. Additionally, consider consulting an immigration professional to determine if a specific job offer requires an LMIA for further clarification.

Process of obtaining LMIA

Obtaining a Canadian Labour Market Impact Assessment (LMIA) is essential for Canadian employers who want to hire foreign workers for positions that Canadian citizens or permanent residents cannot fill.

To obtain an LMIA, employers need to advertise the job vacancy for a minimum of four weeks and interview candidates who are citizens or permanent residents of Canada.
If the employers prove that those interviewees do not meet the job description, then they may get permission to hire a foreign worker. With the LMIA, the worker can apply for a Canadian work permit.

LMIA applications contain lots of documentation and statistical tabulation. For instance, it includes the exact number of Canadian applicants for the vacancy, the number of offers of employment made, and the number of ineligible applicants. Employers must produce a written document describing why those applicants weren’t selected.

However, LMIA is optional for all kinds of work permits. The International Mobility Program covers LMIA-exempt work permit streams. Also, Quebec has different processes and policies for LMIAs.

The Temporary Foreign Worker Program

The Temporary Foreign Worker Program is a Canadian immigration program that allows Canadian employers to recruit foreign workers to fill temporary labour shortages. The program is part of Canada’s broader immigration system designed to address specific labour market needs.

The TFWP is divided into two main streams: High-wage worker and Low-wage worker streams.

If you need to apply for an LMIA, the wage for the job position will be the deciding factor:

• The employer must apply under a high-wage worker stream if the foreign worker has a median hourly wage at or above the province or territory.
• The employer must apply under a low-wage worker stream if the foreign worker has a median hourly wage below the province or territory.

Therefore, when assessing which stream to follow:

1) Identify the skill level and job title within the NOC Matrix.
2) Assess if Higher-Skilled or Lower-Skilled.
3) Go to www.jobbank.gc.ca and click “By wages” in the menu.
4) Type the name or NOC code of the job title.
5) Locate the province/territory of the job.
6) Identify the “Median Wage” for that specific location. This will be the “prevailing wage rate” for this particular area in this occupation.
7) Assess this prevailing wage rate against the provincial/territorial median wage and categorize it as high-paid- low-paid jobs.
Once you receive an LMIA, you should distribute a copy of the confirmation letter to each temporary foreign worker and instruct them to apply for a work permit.

Employers and foreign workers considering the TFWP should be aware of the specific requirements and processes associated with the program, as they can change over time. Consulting with immigration experts or legal advisors can help you navigate the application and compliance processes effectively.

LMIA Requirements

1. The Stream of Higher-Skilled Occupations — High-Wage Workers

Advertising:
1) National/Provincial Job Bank for at least 28 days (must remain posted until LMIA is issued)
2) Two other sources of advertising, one of which must be national in scope.
Transition Plan
Employers must complete a detailed transition plan (to be explained in the next section).

2. The Stream for Higher-Skilled Occupations — Low-Wage Workers

Advertising:
1) National/Provincial Job Bank for at least 28 days (must remain posted until LMIA is issued).
2) Two other sources of advertising, one of which must be national in scope.
Cap on Low-Wage Temporary Foreign Workers
Employers with ten or more employees applying for a new LMIA under this stream are subject to a cap. If an employer hires for a sector with a demonstrated labour shortage, they may employ up to 30 percent of their employees through this stream. Otherwise, employers may hire up to 20 percent of their employees through this stream.

3. The Stream of Lower-Skilled Occupations – High-Wage Workers

Advertising:
1) National/Provincial Job Bank for at least 28 days (must remain posted until LMIA is issued).
2) Two other sources of advertising, one of which must target under-represented groups.
Transition Plan
Employers must complete a detailed transition plan (to be explained in the next section).

4. The Stream of Lower-Skilled Occupations – Low-Wage Workers

Advertising:
1) National/Provincial Job Bank for at least 28 days (must remain posted until LMIA is issued).
2) Two other sources of advertising, one of which must target under-represented groups.
Cap on Low-Wage Temporary Foreign Workers
Employers with ten or more employees applying for a new LMIA under this stream are subject to a cap. If an employer hires for a sector with a demonstrated labour shortage, they may employ up to 30 percent of their employees through this stream. Otherwise, employers may hire up to 20 percent of their employees through this stream.

LMIA in Quebec

Employers in the province of Quebec may fill selected positions without including proof of recruitment efforts. The occupation list – 2023 was implemented on February 24.
Quebec added various entry-level positions to the in-demand list for facilitated LMIAs in 2022. The newly listed occupations will help Quebec to fill significant gaps in its job market. These lists will remain eligible for simplified processing until the final updation on February 24, 2024.

Employer Transition Plans

Employer Transition Plans are a requirement under the Temporary Foreign Worker Program (TFWP) in Canada for certain employers. These plans ensure that employers actively work toward reducing their reliance on temporary foreign workers (TFWs) over time and that they try to recruit and train Canadian citizens or permanent residents to fill those positions.
In addition to the recruitment and advertising requirements, Canada needs employers to undertake the following activities:

1) Three additional recruitment activities.
2) One additional activity targeting groups such as new immigrants, youth, aboriginals, and differently-abled Canadians.
3) Helping temporary foreign workers obtain permanent residence by providing valid job offers.

Employers must prepare the expected number of Canadians to recruit through these activities. They must supply proposed timelines for the outlined activities. Finally, the result of the transition plan must be reported to ESDC. Evaluation of the estimated plans will take place thereafter. However, employers get an exemption from submitting a transition plan if they provide proof that the vacant position requires a specific skill/ or is only project-based.

Cap on low-wage Temporary Foreign Workers

Canada has imposed a cap on the number of low-wage Temporary Foreign Workers (TFWs) that an employer could hire in specific industries and regions. These caps were introduced to ensure that the employment of TFWs in low-wage positions did not displace Canadian workers.

Under this stream, if the Employers apply for ten or more employees for a new LMIA, then they are subject to a cap. Employers can hire up to 30% of their workers through this stream if they prove that there is a labour shortage. If not, they may employ only up to 20% of their workers through this stream.

Refusal to process a LMIA application

ESDC will no longer process LMIA applications and may be refused due to the following reasons:

• If your advertising and recruitment efforts do not meet ESDC’s standards
• If ESDC finds that the wages and working conditions are inadequate
• if the assessment indicates a negative impact on the Canadian labour market
• An inadequate transition plan
• if your business has a history of non-compliance with federal or provincial/territorial laws related to employment,

Please also note that the Immigration regulations and policies can change, so previously accepted applications may not meet updated requirements.

Duration of work permit

The duration of a work permit in Canada may vary depending on various factors, including the type of work permit, the specific circumstances of the foreign worker, and the employer’s needs.

2-year employment duration for low-wage positions
As part of a 3-year pilot initiated in March 2020, TFWP has extended support and special measures to employers and workers affected by COVID-19. In the low-wage stream, there will be an increase from 1 to 2 years for LMIA in the allowable employment duration.

3-year employment duration for high-wage positions
From April 4, 2022, employers submitting an LMIA application for a high-wage position can request up to 3 years of employment. The high-wage stream includes caregiver positions, Agricultural Stream, and Express Entry.

The LMIA processing time is not published online by any departments in Canada. The Canadian government does not have stated about processing standards or targets publicly.

Processing time for LMIAs

For highest-demand occupations (skilled trades), highest-paid occupations or short-duration work periods (120 days or less), LMIAs are issued within ten working days.

Highest-demand occupations list

The 10-day service standard is restricted to the skilled trades where the existing wage rate is equal to or above the current provincial/territorial median wage.

Shortest-duration occupations

The 10-day service standard will be made available for employers for a duration of 120 days and where the prevailing wage rate for the occupation is equal to or above the median wage of the province/territory.

Application fee for LMIA

Employers, not workers, must pay the application fee for any job position request. However, this is per position, not per application. With the increase in requests for a job position, the costs increase accordingly. Thus, Employers must pay a fee of CAD 1,000 to submit an LMIA application under the Temporary Foreign Worker Program.

Auditing for the Temporary Foreign Worker Program

Employers are subjected to various auditing and compliance monitoring to ensure they adhere to program requirements and proposed activities in the transition plans. These audits and compliance measures are implemented to safeguard the rights of foreign workers, protect the Canadian labour market, and maintain the program’s integrity.

Proper Business Communication

Employers seeking to hire should be able to articulate their business challenges clearly. To obtain an LMIA, employers must follow detailed guidelines. Most Program Officers base their decisions on internal labour market indicators and the information submitted by the employer. So, if they are convinced, they issue a positive LMIA. Program Officers keep a vigilant eye on employers and do not entertain fraud in their recruitment efforts. Therefore, perfect LMIA applications must be detailed, logical, and well-articulated business communication.

Other details of the LMIA

Many job seekers may get frustrated by employers’ need for knowledge of IRCC or about Canada’s LMIA process. It is advisable that foreign workers should be aware of their rights and avenues for reporting any mistreatment or violations of program conditions.

If your LMIA application is refused, you must review the refusal letter provided by ESDC. Depending on the circumstances, you may appeal the decision or reapply with corrected information. Seeking legal advice or consulting with an immigration expert is often recommended to navigate the process effectively, especially if you believe the refusal was unjust or based on misunderstandings.

Interestingly, you may bypass the LMIA process by obtaining a work permit under any of the International Mobility Program streams. This option would be an excellent option for workers and employers.
A Canadian lawyer can be a valuable resource for immigration applications, including for Labour Market Impact Assessments (LMIAs) or other types of immigration processes. A Canadian immigration lawyer can provide legal advice and guidance throughout the application process. We, ImmiLaw Immigration, a Canadian immigration and law firm, have extensive expertise in securing LMIAs for suitable employers and work permits for foreign workers.

Feel free to contact us for your queries.

Read To Know: Work in Canada Without LMIA