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.
Feel free to contact us for your queries.
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.
Feel free to contact us for your queries.
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.
Canada Immigration
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
Feel free to contact us for your queries.
by Immilaw Team | Jul 11, 2022 | Canada Immigration, Study Abroad
When you have been refused a study permit, visitor visa, work permit, permanent residence, or any other type of application, you receive a refusal letter from IRCC with the officer’s reasons for refusal of the application.
The officer’s notes about the grounds for refusal highlight the problems in the application, which can help you understand why the application was refused and what changes can be made while re-applying.
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Study Permit Visa Refusal
Nearly all refusals for Canadian study permit applications are based on the provision under section 216 of the Immigration and Refugee Protection Regulations, which states as follows:
216 (1) Subject to subsections (2) and (3), an officer shall issue a study permit to a foreign national if it is ascertained, after an examination, that the foreign national (a) applied for it in accordance with this Part; (b) will depart Canada by the end of the period allowed for their stay under Division 2 of Part 9; (c) meets the requirements of this Part; (d) meets the requirements of subsections 30(2) and (3), if they are required to submit to a medical examination.
Study Permit Refusal: Reasons
1. Refusal based on the purpose of the visit
A study permit refusal based on the “purpose of your visit” is frequently related to the statement of purpose (also known as the study plan or SOP). For example, if the study plan was vague and general, this might lead to a refusal. On the other hand, if the visit’s purpose is unclear, the officer may believe that the applicant intends to enter the labor market in Canada and he is not a genuine student.
For instance, “I am not satisfied that you will leave Canada at the end of your stay, as stated in subsection 216(1) of the IRPR, based on the purpose of your visit.” This is a coded message that the officer does not believe the purpose of your study is genuine.
2. Financial Instability: Refusal based on personal assets and financial status of the applicant
Students applying for a study visa in Canada have to meet a minimum financial requirement to manage the expenses of the course. Therefore, one of the essential parts of the study permit application is showing financial ability to pay for your studies in Canada. If the applicant fails to submit enough documentation or does not submit enough information explaining where the finances have come from, the application is almost certainly going to be refused. Therefore, to reduce the chances of rejection, the applicant should attach valid financial proof to the application form.
3. Family Ties in Canada
Family Ties in Canada and country of residence is a widespread reasons for refusing a study permit or visa application. While applying for a study permit or temporary residence in Canada, the officer must be satisfied that you will leave Canada once your study permit expires. If you have family members who already live in Canada, the immigration officer will fail to believe that you will leave the country as you intend to live with your family. Also, if you do not have family in your country of residence, the officer will believe that you are less likely to return to your country of residence.
“I am not convinced that, based on your familial links in Canada and your country of residency, you will leave Canada at the end of your stay, as stated in paragraph 216(1) of the IRPR,” for example.
4. Lack of employment opportunities in the home country: Current employment situation
This reason for refusal comes up when the student applying for a study permit is mature or older to be in school or anyone who is going back to school after having been out of the institute for a long period. In such a situation, the immigration officer believes that you are expected to be working, and if you aren’t, then this can be a reason for the refusal of your application.
“I am not satisfied that you will leave Canada at the end of your stay, as specified in subsection 216(1) of the IRPR, based on your existing job status, ” for example.
5. Refusal based on Qualifications: Previous Studies, Academic Records, Lack of complete educational certificates, mark sheets, Language abilities
If you were an average or below average student or per your educational records, this could be used as around for refusal of the study permit application. Low marks or language scores can lead the officer to believe that you are not likely to succeed in any educational program in Canada, which defeats the purpose of approving your study permit and can lead to contravening the conditions of your entry to Canada.
6. Refusal Based on Travel History
When the applicant has never left their country of residence before and has never left their home country before, this can be used as a ground for refusal of the study permit or visa application. Even when there is a history that the applicant has overstayed on a visa in Canada or another country, this can be used as a reason for refusal.
“I am not satisfied that based on your travel history, you will leave Canada as stipulated in section 216(1) of the IRPR.”
7. Refusal Based on Lack of Study Plan
Without a detailed or concrete study plan, the officer will not grant the application for a study permit and will not be convinced the primary purpose of coming to Canada is to study. The choice of program applying for in Canada must make sense for the student as per his previous educational achievements or history. In addition, there must be a logical progression in the educational cycle; however, if the officer is not convinced about the study plan, the study permit will not be granted.
8. Refusal Based on Immigration Status in the Country of Residence
When the applicant is applying to come to Canada, they must have permission to be in the country where they are living at the time of applying. If the applicant applies to a country other than their nationality, they must submit proof that they can legally do so. If such evidence is unavailable, this can be the reason for the refusal of the study permit application.
“I am not satisfied that, based on your current job status, you will leave Canada at the end of your stay, as mentioned in subsection 216(1) of the IRPR,” for example.
9. Other Reasons for refusal that apply to all visitors in Canada
- Criminality- Having previous criminal charges.
- Misrepresentation-having misrepresented information to Canada Immigration previously and having received a ban.
- Previous Deportation- If the applicant has received a deportation order previously, a visa application will be refused for illegal visits or overstaying.
- Medical Inadmissibility- having a contagious disease that can cause a threat to the residents of the country, e.g. Covid patient
- Human Rights Violations- previously served in the military for a country that has been deemed to have participated in a war crime. Such individuals will be refused to enter Canada.
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by Immilaw Team | Jul 5, 2022 | Canada Immigration
Express Entry
Express Entry is an online entry system that can be used to manage immigration applications from skilled workers.
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Generally, there are three immigration programs administered through Express Entry:
Express Entry
Canadian Experience Class
- any skilled professionals with previous work experience in Canada
- work experience must have been gained in the three years before you apply.
Canadian Experience Class
Federal Skilled Worker Program
- any skilled workers with foreign work experience
- must meet criteria for education and other factors
Federal Skilled Worker Program
Federal Skilled Trades Program
- for any skilled workers who are qualified in a skilled trade
- there must be a valid job offer or a certificate of qualification
Federal Skilled Trades Program
Any Express Entry Application, when refused, contains a letter of refusal that states:
Your application for permanent residency has been evaluated by Immigration, Refugees, and Citizenship Canada (IRCC). Unfortunately, your application does not meet the standards for a complete application as outlined in sections 10 and 12.01 of the Immigration and Refugee Protection Regulations. As a result, your application was refused because it was incomplete and not processed.
Such a letter is for the cancellation of the Express Entry application rather than the refusal. Such an application has not gone into processing yet. The application has been returned as all the required components for processing the application were not included, so it has been returned unprocessed. In such a situation, IRCC has determined that some of the required mandatory documents or information was not submitted.
When the application is put in the queue for processing, the immigration officer must determine:
- If the applicant meets the eligibility criteria of the program that they have applied for
- That the applicant had the necessary CRS points (Comprehensive Ranking System). To rank immigration candidates, the Canadian government developed a merit-based scoring system that assigns a score to each applicant in the Express Entry pool.
- The cancellation of a PR application is not the same as a rejection. When an applicant receives the information that their application has been canceled, they will lose their Invitation to Apply (ITA) and must create a new Express Entry profile and wait to receive a new ITA before submitting another application. The cancellation letter will state the reason why their application has been canceled as incomplete. The government fees will be reimbursed to the applicant within six weeks of receiving their cancellation letter.
Refusal of Express Entry Application
When an applicant receives a refusal letter, the letter will state why their application has been refused. On all future immigration applications, the applicant must declare that they have been denied the PR on previous occasions. Their fees will not be reimbursed as the fee is the amount charged for processing the application, even though it has been refused. However, they will be refunded the Right of Permanent Residence Fee within six weeks.
An application for Express Entry can be refused for many reasons:
1. The applicant fails to meet the essential requirement of the program they have applied for Canadian Experience Class (CEC), Federal Skilled Worker (FSW), Federal Skilled Trades (FST), Provincial Nominee Program (PNP)
2. The applicant did not have the required CRS score (Comprehensive Ranking Score) at the time they received their application
3. The applicant is inadmissible in Canada. People are not allowed to enter or stay in Canada because they have committed or been convicted of a crime. That crime could have taken place in or outside of Canada.
4. The applicant’s relative or any family member is not permitted to Canada.
Other Common Reasons for Refusal of Express Entry Application
Police Clearance Certificate
All applicants are supposed to submit a police certificate from the country where they currently reside. The police certificate must have been issued within six months from the date they submit their application. Applicants who reside in Canada and are submitting their application from Canada are not required to provide an RCMP Police certificate from Canada.
All applicants are required to provide a police certificate from every country where they have resided for six months in a row within the last ten years or since they turned 18. This certificate is applied only after leaving that country.
Applicants who apply for work permits, including the International Experience Canada Program (IEC), must provide a police certificate as part of their work permit application. However, when they apply for a PR after a year or two, they sometimes use the same credential they used for their work permit application, leading to the PR application’s cancellation. The reason is that the police certificate they used was issued while residing in that country rather than after they lived in their country of residence. Therefore, the police certificate will be valid if it was issued after the last time they lived in that country.
- If the Police Certificate is Scanned but submitted in Black and White: It is necessary to submit a scanned, coloured image of the original police certificate. The immigration officer may cancel the visa application if this requirement is not fulfilled.
- If the Police Clearance Certificate is Missing: All Express Entry applicants will need to upload the police certificate in case they have never left their home country for more than six months since the age of 18 years. In addition, the applicant must provide a police certificate for all the family members, spouse, and children 18 years or older.
- Failure to upload the correct police clearance certificate: IRCC has its specifications regarding the PCC required with the application. Some countries provide the certificate if a different format which is not accepted by the immigration officer leading to the refusal of the visa application.
Important Documents like Educational Credential (Degree, Certificate, Diploma) missing or not included in the application
The applicant must apply for an Education Credential Assessment (ECA) from one of the IRCC-approved ECA organizations. Once the assessment is done, the applicant can create or update their Express Entry profile. The applicant must provide the information stated on their ECA report and ECA report/ certificate number. It is a mandatory requirement to upload a scanned image of their degree, diploma, or certificate after submitting your application. If the application is submitted with the degree, diploma, or certification, it will cancel their PR application.
Non-inclusion of Primary Duties and Responsibilities in the Letter of Employment
The applicant must provide a letter of employment which must include the information regarding their employment period, job title, occupation, hours worked per week, salary obtained or hourly pay, and any benefits gained. This letter must be on the company letterhead and signed by the employer.
The IRCC officer will review each letter to help them determine whether the applicant has the necessary experience to meet the eligibility requirements of the program they are applying under and determine their CRS points.
The most crucial information in the letter is the primary duties and responsibilities of the position. These duties will help the officer determine whether the NOC the applicant has selected in their application is the correct code for the job and whether the occupation will fall under a skill type applied for by the applicant. If no duties and responsibilities are listed on the letter, the officer will refuse the application for the PR.
Statutory Declaration of Common-Law Union and proof of common-Law relationship
One of the common reasons for refusal of the Express Entry applications is that the applicant does not provide a signed IMM5409 Statutory Declaration of Common-law Union, or they do not include proof that they have resided with their common-law partner for one year or more. The applicant must also include evidence of their common-law relationship. In support of this, the applicant can submit documents such as-
- Both parties are included in the leasing agreement, which has been signed.
- Joint utility bills dated over one year ago from when you submitted your application. The document should contain both partner names and addresses.
- Joint bank account statements dated over one year ago from when you submitted your application. The document should contain both partner names and addresses.
If you fail to provide these documents, your application will be rejected. In addition, the applicants must complete the form and sign the form along with their common-law partner in the presence of a lawyer, notary public or commissioner of oaths.
Note: In addition to having lived together for at least a year, common-law couples also have to meet other requirements. Immigration agents examine the following factors to establish whether a common-law connection is genuine:
- is in a monogamous relationship with their partner
- is physically and emotionally reliant on each other
- participates in a shared social life
- is financially interdependent on one another, either through sharing expenses or providing financial assistance.
Expired Language Proficiency Test Results
When submitting your PR application, your approved language test results (IELTS or CELPIP) must be less than two years old. Since the test results are valid for 12 months, you should be sure that your results will be valid for the length of the profile’s potential time in the pool. Language test results used previously for your immigration or citizenship application do not expire for Canadian citizenship applications. English and French are the two national languages of Canada. When assessing CRS scores or applying for one of the federal immigration streams for Express Entry, there is no preference for English or French as the Official First Language. Regardless of language, all tests evaluate the same four skills: speaking, listening, reading, and writing. Also, you can only use the results from one test; you cannot combine the best results from different categories from different attempts at the test.
Refusal or cancellation of your application is highly demotivating and stressful. However, this can be avoidable by carefully following the instructions and making sure you submit a complete application. An experienced Immigration Lawyer can review your application today before submitting it to IRCC to ensure that it is done and that no problems lurking could lead to a refusal. This is necessary to ensure that you have met the program eligibility. This will also ensure that you have demonstrated that you have the necessary CRS score and that your documents meet the minimum requirement before they are uploaded or submitted for the PR.
Contact ImmiLaw Immigration today. We have a team of the best immigration lawyers in Canada to help and guide you throughout the immigration process.
by Immilaw Team | Jul 1, 2022 | Canada Immigration
Canada is creating a new immigration program for temporary residents, and changes to Express Entry are on the way.
Canada intends to develop a new fast-track immigration scheme for temporary foreign workers and international students. According to CBC News, Immigration Minister Sean Fraser said the new program would provide a permanent option for temporary residents. It will be similar to, but not identical to, the TR2PR program, which welcomed 90,000 vital workers and international student grads last year.
Fraser was responsible for expanding routes to Permanent Residence for international students and temporary foreign employees shortly after being appointed immigration minister. According to a vote passed in the Canadian House of Commons, Fraser now has 120 days to draught and publicize a strategy to attain these objectives.
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Changes to the Express Entry Procedure
Candidates from the Federal Skilled Worker Program (FSWP) and the Canadian Experience Class (CEC) can apply for permanent residency in Canada starting in July. Still, it won’t be the only change. Bill C-19 is now being debated in the Senate and is likely to pass soon. It will allow Immigration, Refugees & Citizenship Canada (IRCC) to accept Express Entry applicants into the pool for economic reasons such as occupation, French language skills, or educational credentials.
IRCC will be forced to engage in a public engagement process to help them decide which groups of Express Entry candidates would be invited to these types of lotteries. IRCC must also submit an annual report to Parliament explaining its activities.
IRCC will be forced to engage in a public consultation to help them decide which groups of Express Entry candidates will be invited. IRCC is also obligated to provide an annual report to the House of Commons outlining the economic goals pursued in each case.
Although it is not necessarily necessary to have resided in Canada to be eligible for an immigration visa, it is often the case. Studies have indicated that immigrants were having Canadian citizenship benefit from the immigration policy. First, those with more excellent experience get better earnings and have more job prospects than those who have never lived in Canada.
Express Entry
Temporary Resident in Canada
Many additional immigration programs are offered to Canadians with school and employment experience. To study in Canada, you must be accepted into a Designated Learning Institution (DLI) and obtain a study permit. In addition, you may be eligible for a Post-Graduation Job Permit (PGWP) if you finish an eight-month full-time program, which many people use to gain job experience in Canada.
Working in Canada typically entails obtaining a work visa. Work permits are divided into two categories: those issued under the Temporary Foreign Worker Program (TFWP) and those issued under the International Mobility Program (IMP). IMP work permits are designed to serve Canada’s economic, social, and cultural interests, whereas TFWP work permits require corporations to conduct a Labour Market Impact Assessment (LMIA). IMP work permits are excluded from the LMIA because the work undertaken by these permit holders has been proven to benefit Canada substantially or is the outcome of a reciprocal agreement with another country.
Visitors Visa
Migrate through Express Entry
Express Entry manages applications for the Federal Skilled Worker Program, the Canadian Experience Class, and the Federal Skilled Trades Program. To put it another way, to be considered for Express Entry, you must be eligible for at least one of these programs. In addition, express Entry is a way to get into the country quickly.
After being accepted into the pool, you’ll be given a score based on the IRCC’s Comprehensive Ranking System (CRS). The CRS considers your job experience in a skilled occupation, academic background, ability to speak in an official language, age, and other economic aspects. You are more likely to receive an Invitation to Apply (ITA) for permanent residence in Canada if you have more CRS points.
Candidates in the Express Entry pool may get an invitation to apply for a provincial nomination through the Provincial Nominee Program (PNP). If you accept the invitation and are nominated, you will receive 600 CRS points. This incentive guarantees that you will receive an ITA in the subsequent round of Express Entry. To apply for Express Entry immigration to Canada, you’ll need an ITA. After receiving your response to the ITA, the average response time for IRCC is six months. The pandemic, on the other hand, has slowed actual processing speeds. The current wait times can be found on the IRCC’s website.
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