How do I change my application to the Federal Skilled Trades Program?


I applied for PR as a federal skilled worker before the law changed requiring a job offer. I now see I would qualify under the new trades category but I don’t have an employer. With the new changes, will my application be rejected?

If your application was previously determined to be eligible then you will be not rejected. If you wish to submit a second application
( provided you have a job offer) you could do so, but I would suggest you get full detailed legal advice prior to taking any further steps.

 

Can The President Of A Real Estate Company In China Pursue Business In Canadian Provinces?


How can the International Mobility Program help me to open a Real Estate business in Canada?

Our friends in China own a real estate development company that would like to open an office in Canada to pursue real estate development in several provinces. Is it possible for my friend, who is the president of the company, to obtain a work permit in Canada?

If the Chinese company incorporates a Canadian subsidiary or affiliate, it could send an employee to Canada provided the company meets a number of important requirements. The company would need to provide a business plan which outlines the details of the Canadian operation, including the capital to be invested, the business model, business scope, potential contracts, office location, human resources plan and pro forma financial statements. Full documentation to support how the business plan will be realized would be necessary. In addition, the employee to be transferred to Canada should be either senior management or possess specialized knowledge relating to the company’s products, services or operations. It may be difficult for the president of a company to send himself/herself to Canada, as it would be hard to understand who would run the Chinese company in his/her absence. Full details should be discussed with a lawyer who understands the specific legal requirements.

What Is The Processing Time For A Spousal Sponsorship Application?


This is a very common question about the spousal sponsorship application process. Unfortunately, there is no specific answer but there are guidelines which can assist us in determining an average processing time.

Although Citizenship and Immigration Canada provides us with approximate processing times on their website, this may not be the case in reality. The processing times always change and although Citizenship and Immigration Canada regularly update the time frames, each application will have its own processing time depending on the specific facts and complexities. As immigration lawyers, we have submitted hundreds of immigration applications and we can provide you with our approximation of the processing times based on our experiences of each visa office in Canada and outside Canada.

If your Spousal Sponsorship application is prepared carefully and contains all required information and documents, this will definitely reduce the processing time.

What The New “Conditional Permanent Residence” Related To Spousal Sponsorship?


In late October 2012, the Government of Canada introduced a new rule that requires that some spouses or common-law partners live with their sponsors in a legitimate relationship for two (2) years or risk losing their permanent residence status.

This means that, generally, spouses or partners who have been in a relationship for two (2) years or less AND who do not have children with their sponsor, MUST live in a legitimate relationship with their sponsor for two years beginning on the day the spouse/partner receives their permanent residence.

If the spouse/partner does not remain in the relationship, their permanent residence may be revoked. There are exceptions, however, in cases where the sponsor dies and for spouses/ partners who are victims of violence, abuse and neglect by the sponsor or a person related to the sponsor.

The Government anticipates that this new regulation will help prevent and deter immigration fraud and so-called ‘marriages of convenience’ or ‘marriages for immigration purposes’.

Our lawyers are skilled at compiling strong applications packages for all types of immigration matters. If you would like assistance in filing a spousal sponsorship application and want to know more about how the new regulations may affect you, please feel free to contact our office to schedule a consultation with one of our lawyers.

What Can I Do If My Spousal Sponsorship Was Refused?


How to deal with Spousal Sponsorship refusal by Canada Immigration?

My Spousal Sponsorship Application was refused, what can I do?

You have two (2) options.

You may chose to start the process all over again by re-applying.
Or, you may choose to file an Appeal of the refusal at the Immigration Appeal Division. If you are the Sponsor, you have 30 days from the day you received the refusal letter to file the Notice of Appeal.

Re-applying and appealing the refusal both contain different legal consequences and it is important that you consult with a lawyer to understand these options properly.

Can I Sponsor My Daughter To Canada If She Is 23 Years Old?


How can I sponsor my daughter if she is an Adult?

I want to sponsor my daughter to Canada but she is 23 years old. Can I still sponsor her?
You may only be able to sponsor your daughter if she is a student continuously enrolled and attending a qualified post-secondary institution, pursuing studies on a full-time basis and depended substantially on your financial support since before she was 22 years old.

Can I Sponsor My Girlfriend Of 2 Years To Canada?


I have been living with my girlfriend for two years. Can I sponsor her to Canada?
If you have lived with your girlfriend for at least one year, you are considered to be in a common law relationship which qualifies you to sponsor her under the Spousal Sponsorship category. You will need to demonstrate that you did, in fact, live together for at least one year. You must also demonstrate that you are in a permanent and genuine relationship.

I Heard That If I Had No Family Members In Canada, I Could Sponsor My Brother?


Section 117(1) h of the Immigration and Refugee Protection Regulations allows the sponsorship of a family member for Permanent Residents and Canadian citizens who have no family members in or outside Canada who are Permanent Residents or Canadian citizens. This is an exceptional category, and you must ensure you meet the specific requirements. You must not have any of the following family members in or outside Canada who are Permanent Residents or Canadian citizens to qualify under this category often called “the Last Remaining Relative in Canada”:

  • spouse;
  • common law partner;
  • conjugal partner;
  • child;
  • mother or father;
  • brother or sister;
  • aunt or uncle;
  • niece of the nephew;
  • grandmother or grandfather.

In-Canada spousal sponsorship application: What You Need To Know


What You Need To Know If Your Spouse Is A Foreign National Living In Canada and the in-Canada spousal sponsorship application

If you are a Permanent Resident of Canada or a Canadian citizen and you are married, or in a common-law relationship with a foreign national who is physically present in Canada, this does not automatically mean that your partner will be allowed to remain in Canada you may have to apply for the in-Canada spousal sponsorship application.

Your partner, as he or she is a foreign national, is always required to maintain a proper and legal status in Canada whether it is, for example, a visitor visa, a study permit or a work permit.
If you and your partner are in a committed, permanent and genuine relationship and if you have decided that you wish to continue living in Canada as a couple, you may consider the option of submitting an in-Canada (or inland) spousal sponsorship application. Should this request be approved, your partner will become a Permanent Resident of Canada and can eventually apply for Canadian citizenship should the requirements be met.

There are significant differences between an “overseas” spousal/common-law sponsorship and an in-Canada Spousal Sponsorship application. Once an in-Canada Spousal Sponsorship has been submitted, your spouse or common-law partner may be allowed to stay in Canada until a final decision is made on this application. Your spouse or common-law partner is still required to maintain legal status in Canada.

An overseas sponsorship does not necessarily need your spouse or partner to leave Canada while it is being processed, and can sometimes be treated more quickly than an inland application. However, at times an overseas application is impractical for some reasons. An inland application allows the entire process to be completed in Canada. However, a refusal inside Canada does not give rise to a right of appeal. This could be a major issue in some cases and must be considered carefully.

It is important to note that if your partner received a notice to attend a Pre-Removal Risk Assessment (PRRA) interview and the in-Canada Spousal Sponsorship application was submitted subsequently to this notice; your partner will not necessarily be entitled to remain in Canada until finalization of the application. Your partner might be requested to leave Canada even if you are married or in a common-law relationship and even if you have a pending in-Canada Spousal Sponsorship. The fact that you have been together for many years or even the fact that you have Canadian born children together might not reverse this outcome.

When and how you submit your in-Canada Spousal Sponsorship application can have a tremendous impact on you, your partner and the future of your family. It is crucial to consult with an immigration lawyer to ensure that you are on the right track.

Spousal Sponsorship denied: What Options Do You Have?


Here are some of the options available to you when spousal sponsorship was denied

When an overseas spousal sponsorship has been refused, the sponsor will receive a letter indicating that an appeal can be made to the Immigration Appeal Division to contest the decision. The sponsor will have 30 days from the day that the letter was received to file the appeal. The couple may also choose to re-submit a spousal sponsorship application.

Appeal
Once an appeal has been filed, the Minister of Citizenship and Immigration Canada must submit a complete copy of the file (called the “Record”) to the sponsor within 120 days. The Immigration Appeal Division will then decide if the case can be settled within an Alternative Dispute Resolution (ADR) Conference. The scheduling of an ADR is currently about 3-6 months within receipt of the Record. If the file is not determined suitable for an ADR, it will proceed to a full appeal hearing which can currently take about one year and a half for scheduling.

Re-Apply
Once a spousal sponsorship has been refused, the couple can always re-apply. Of course, immigration will have on file the previous refusal, and it is crucial to point out and explain discrepancies which were in the previous application.

Appeal or Re-Apply?
It is important to clearly understand the impact of appealing or re-applying following a refusal. Should the appeal option be chosen, the couple must understand that losing the appeal will result in the following: unless a new fact arises in the file, the sponsor may no longer sponsor his/her spouse ever again given that the Immigration Appeal Division has already decided on this matter. This is called res judicata.
It is recommended to only appeal if the spousal sponsorship application was prepared properly and contained all relevant documents and information. Many people submit incomplete applications and this results in a refusal. These cases should not be appealed and should instead result in a re-application. Re-applying has a much fast processing time (usually between 6-12 months depending on the country) versus an appeal which can take over a year. Should the second application be refused, the sponsor will always have the option of appealing that refusal. However, if the application was submitted adequately and the denial contains glaring errors, then an appeal might be the best choice.
Before deciding on appealing a refusal of a spousal sponsorship application or re-applying, ensure you consult with an immigration lawyer to clearly understand both avenues.

My husband was convicted of theft in the United States, can I sponsor him to Canada?


How to address criminal inadmissibility in Canada from the US

Yes, you can submit an application to sponsor your husband to Canada. You will need to demonstrate that you are in a permanent and committed relationship. With respect to the criminal charge, depending on when the offense was committed as well as the sentence received, the spousal application might also require a special request to overcome a possible criminal inadmissibility in Canada. Foreign nationals who have a criminal record cannot become permanent residents of Canada unless they are criminally rehabilitated. Criminal rehabilitation can occur with the passing of time or by applying for it, depending on the case. In order to determine the type of criminal inadmissibility and before submitting the spousal sponsorship, you must disclose this information to your immigration lawyer and obtain proper legal advice.

I want to sponsor my spouse to Canada, how does it work?


To sponsor your spouse to Canada, you must submit a sponsorship application. First, you must qualify as a sponsor, and your spouse must also be considered a member of the family class.
Given that there are a lot of sponsorship applications being submitted which do not qualify, immigration has very strict rules when assessing these applications.
It is crucial to execute the application carefully with all the required documents, the ones listed on the immigration website as well as other documents which are not listed and can be provided to you by an immigration lawyer. An incomplete application may cause long delays as well as the potential refusal of your request. Submitting a well-organized application will most likely result in your application being processed faster.

As a sponsor, you must:

  • be 18 years or older
  • be a Canadian citizen or a Permanent Resident of Canada
  • be married or in a common-law relationship (living together for at least one year)
  • reside in Canada or if living outside Canada, demonstrate the intention to return to Canada
  • in the five years preceding the sponsorship application, you did not become a permanent resident after being yourself sponsored to Canada by a spouse
  • not receive social assistance for a reason other than disability
  • not be an undischarged bankrupt under the Bankruptcy and Insolvency Act
  • not have persons you previously sponsored, or their family members received social assistance during the validity period of the undertaking
  • not be ordered to leave Canada, not be the subject of a report on inadmissibility
  • not be late in making any required payments on an immigration loan, a performance bond or any other amounts you agreed to pay under Canadian immigration legislation
  • not be currently detained in jail, prison, penitentiary or reformatory
  • not be convicted of a sexual offense or serious violent offense against anyone causing bodily harm against someone who is related to you, or an attempt to commit such an offense
  • not be in default of a court order to make support payments to your spouse, former spouse or child
  • not be the subject of an application to revoke your Canadian citizenship
  • not be charged with an offense under an Act of Parliament punishable by a maximum term of imprisonment of at least ten years

You must also demonstrate that your relationship with your spouse is permanent and genuine. This is the most important It is important to submit strong supporting documents for this even though you may have children together or if you have been in a relationship for many years.
It is best to consult with an immigration lawyer to discuss the entire sponsorship process as there are many elements to consider.

Is My Spouse Medically Inadmissible?


How to address a medical inadmissibility issue

I would like to sponsor my spouse for permanent residence in Canada. She is here on a study permit, which will expire in December 2013, and we were married last week in Markham. Recently, she was diagnosed with a rare blood disease which will require ongoing medical care, but she will likely live a full and long life. Will she be refused permanent residence as she is medically inadmissible? If so, will this affect her study permit? How can she remain with me in Canada?

There are three types of medically inadmissible people: people with a health condition that is likely to be a danger to public health, individuals with a health condition that is likely to be a threat to public safety, and people with a health condition that might reasonably be expected to cause excessive demand on health or social services. Although all applicants for permanent residence must take a medical examination, spouses, common-law partners, and minor children are exempt from part of the rules regarding medical inadmissibility. If your sponsored spouse has a medical condition which is a danger to the public health or safety, she will be found to be medically inadmissible.

However, If her disease will not pose such a risk (i.e. she would just be ineligible for excessive demand on health or social services), she will not be medically inadmissible. If the blood disease she has is not contagious or otherwise dangerous to the public, you can still succeed in your sponsorship application. If it turns out that she has a condition that she will pose a danger, you should obtain further legal advice, as she may still be able to stay in Canada with proper monitoring and treatment.

What Are The Conditions I Must Abide By If My Spouse Is Sponsoring Me?


I am about to submit my application for permanent residence as a sponsored spouse, and I have heard that my visa will be subject to terms and conditions. What are the conditions?
The new regulations came into effect on October 25, 2012 and apply only to sponsored spouses, common-law partners and conjugal partners who have been in a relationship with their sponsor for less than two years and have no children together. They require such sponsored spouses, common-law partners or conjugal partners to reside with their sponsor for a period of two years from the date of landing. Therefore, if you have been together with your spouse for at least two years, or have children together, the condition will not apply. Please be aware that if the condition does apply, you will need to maintain proper records of cohabitation for a period of two years, and ensure that you maintain contact with CIC until the condition is met. As with any change of this nature, there will be many issues that will arise for couples in this situation, and all affected couples should keep themselves informed of the regulations.

If you would like our assistance, kindly contact us to set up a consultation and we would be happy to speak with you about the immigration process(es) that you might like to undertake.

Can I Sponsor My Spouse If I Previously Sponsored Another Spouse To Canada?


Three years ago I was sponsored to come to Canada by my spouse. We are divorced and I want to sponsor my new spouse. Can I?
No, not right now, but in a few years. In March 2012, the Government of Canada introduced a new rule that prevents formerly sponsored spouses from sponsoring a new spouse for the five (5) years following the date that they themselves became permanent residents. This means that if you received permanent residence (“landed”) on January 1, 2009, for example, you may not apply to sponsor your new spouse until after January 1, 2014.

The Government anticipates that this new regulation will help prevent and deter immigration fraud and so-called ‘marriages of convenience’ or ‘marriages for immigration purposes’.

Our lawyers are skilled at compiling strong applications packages for all types of immigration matters. If you would like assistance in filing a spousal sponsorship application and want to know more about how the regulations may affect you, please feel free to contact our office to schedule a consultation with one of our lawyers.

Can I sponsor my common-law partner if I am still legally married?


Probably. For the purposes of immigration, Citizenship and Immigration Canada is primarily concerned with your current relationship. If you are legally separated from your spouse and have been in a continuous, marriage-like relationship with your common-law partner for at least one year, you may be eligible to sponsor your common-law partner.
Your eligibility will be assessed when you submit your Application to Sponsor, Sponsorship Agreement and Undertaking, but, in most cases, the fact that you have not divorced your former spouse should not be a bar to your application to sponsor your current common-law partner. You will also be required to complete the Statutory Declaration of Common-Law Union form and submit it with your application.

Citizenship and Immigration Canada defines marital status categories as follows:

Annulled Marriage: This is a marriage that is legally declared invalid. An annulment can also be a declaration by the Catholic Church that the marital union did not have a binding force.

Common-Law: This means that you have lived continuously with your partner in a marital-type relationship for a minimum of one year.

Divorced: This means that you are officially separated and have legally ended your marriage.

Legally Separated: This means that you are married, but no longer living with your spouse.

Married: This means that you and your spouse have had a ceremony that legally binds you to each other. Your marriage must be legally recognized in the country where it was performed and in Canada.

Single: This means that you have never been married and are not in a common-law relationship.

Widowed: This means that your spouse has died and that you have not re-married or entered into a common-law relationship.
It should be noted that there is a prohibition against polygamy in the immigration rules. A common-law partner sponsorship cannot be used to sponsor a second or subsequent spouse, as an existing marriage, consisting of a conjugal relationship between spouses, is a barrier to any further spousal or common-law partner sponsorship applications.
Our lawyers are skilled at compiling strong applications packages for all types of immigration matters. If you would like assistance in filing a spousal sponsorship application and want to know more about how the regulations may affect you, please feel free to contact our office to schedule a consultation with one of our lawyers.

I Am Afraid To Leave My Abusive Spouse As He Sponsored Me To Canada, What Can I Do?


What you should do if your under spousal abuse and spousal sponsorship in Canada

I was sponsored by a Canadian citizen as his spouse, and we have been living together for three years. Lately, we have had financial difficulties and we have been quarreling Last month, he came home drunk and physically assaulted me. He apologized but then he did it again a week ago. I want to leave him as I am afraid and do not know what to do. I am afraid I will lose my immigration status as I am not a citizen yet. What should I do?
You should seek help immediately and look for assistance to leave the home if that is what you have decided to do. You can first call the Assaulted Women’s Helpline at 416.863.0511, or 1.866.863.0511 if you are outside of the Toronto area. If he ever assaults you again, call the police at 9-1-1 and press charges. Although you were sponsored to come to Canada, this does not mean that you must stay in a violent relationship. As a permanent resident, you have your own status and are free to leave. It would be a good idea to document your situation by seeking medical help and documents, as well as police reports, if available. I also recommend that you seek specific advice regarding your status to discuss various legal issues, including immigration, family, and criminal matters. Remember that your safety, and the safety of any children in the household, should be your first priority.

Were You Involved In A Marriage Fraud?


If you were involved in a Marriage fraud here is what you should consider moving forward.

I came to Canada as a student and was doing poorly in school and worried that I was not going to be able to graduate. I was supposed to apply to extend my study permit but I had failed courses and worried that I would not get the new permit. The immigration consultant I was introduced to told me that I would never be able to get the new permit, and instead arranged a fake marriage for me. Stupidly, I agreed and I have married two months ago. My application for permanent residence was submitted one month ago, and I am very worried about it. I need some advice because I don’t know what to do. I cannot tell my parents.
You are one of many, many Chinese students who have been caught up in marriage fraud, and who have been led to believe that this is an easy alternative to obtaining permanent residence status in Canada. Since the Canadian government began taking the issue of marriage fraud seriously in the past several years, there have been numerous arrests of immigration consultants, but more notably, there have been hundreds, if not thousands, of investigations into individual clients. If the marriage is found to be fraudulent, you will not only be refused permanent residence status but will be asked to leave Canada. Furthermore, if your case is approved, Immigration can always learn of the fraud later (for example, if the consultant is caught, or you or your spouse attempt to sponsor someone else), and then order you deported from Canada, at which time you will lose your permanent residence status. In addition, new Citizenship Act rules will allow the government to revoke citizenship status more easily in these cases. In short, you will never be completely safe, and this is not a happy way to live your life in Canada. You should seek proper legal advice from an immigration lawyer right away and plan to withdraw your application for permanent residence before the situation goes too far. With the right preparation, you may be able to resolve your problems and remain in Canada.

 

Spousal Sponsorship Appeal Refusal – What Are Your Options?


I applied to sponsor my husband and his application was refused by the Canadian Embassy in Hong Kong. I appealed this to the Immigration Appeal Division and I just received the decision which is again refusing the application. I have been told I can appeal to the Federal Court. Is this possible?
It is possible to apply to the Federal Court for judicial review of the decision of the Immigration Appeal Division, however, this is not a full appeal. The Federal Court’s jurisdiction is limited to determining whether the Immigration Appeal Division made an error or acted contrary to principles of fairness when it rendered its decision, for example an error of fact, error of law, error of jurisdiction or denied you procedural fairness in rendering its decision. The judicial review process is very different from an appeal, and you are not able to provide new evidence to support your case or provide verbal testimony. The application is done on the basis of the written reasons of the Immigration Appeal Division, and the documentary evidence previously submitted at your appeal hearing. You have only 15 days from the date of receiving the decision to file an application for judicial review, so you must have a lawyer review the decision with you right away to decide whether you have grounds to apply.

I Was Sponsored By My Spouse But He Has Now Abandoned Me – Will I Get Deported?


Spousal sponsorship abandonment: How to deal with it.

I came to Canada as a sponsored spouse last year. Last month, my husband abandoned me, after a very difficult period of terrible arguments and finally violence. I am afraid that he will have me deported from Canada, and I am worried because my visa is conditional on us cohabiting for two years.

What should I do?

You should seek proper legal advice right away. Although the law now requires sponsored spouses to cohabit for a minimum of two years, it also contemplates situations where cohabitation is no longer possible, in particular in situations of domestic violence. You should ensure that you have all police or medical records if there are any, and be prepared to answer questions from immigration officers. Your lawyer will be able to prepare you properly, and relieve some of the stress you must be experiencing.

Can I Extend My Study Permit If I Have Not Yet Finished My Studies?


Is it possible to get a study permit extension while still studying in Canada?

My study permit is going to expire in July 2012, and I have not finished my studies yet. I normally should have graduated in 2010, but I still have several credits to get. The problem is that last year, I applied for a study permit extension as I had still not finished my program, and I was only given one year. I have only obtained one credit since then, so I am worried that I will not get a renewal.

What are my chances?

It appears that you are either having academic difficulties or you are not attending classes. It is very important for us to identify the reasons for your failure to complete your program, as this will influence whether Immigration will issue a further study permit. In addition, in order to determine your chances of obtaining an extension of your study permit, we would need to review the previous application to ensure that there are no other issues that need to be addressed. In normal circumstances, an extension of a study permit will be granted when a student has struggled academically but is making efforts to improve or changing to a more compatible program. In cases where the student is not actually studying, the issue becomes more difficult and complicated. It would be best for you to obtain more detailed legal advice.

Is It Possible To Obtain A Study Permit For Part Time Studies?


I am in Canada on a study permit which will expire very soon, and I would like to continue studying part-time. Is it possible to obtain a part-time study permit for studies?

The Regulations make no special mention of part-time versus full-time studies. Pursuant to the Act, Regulations and manual, a student requires a study permit whether or not their studies are on a full-time or part-time basis. Therefore, it is possible for you to obtain a study permit to study part-time. In addition, there are no minimum hours of study required of a study permit holder to satisfy the conditions of their study permit, unless otherwise indicated in the study permit’s conditions. However, you should pay attention to the fact that you will not be entitled to an on-campus or off-campus work permit while only a part-time student.

Resources

http://www.cic.gc.ca/english/resources/tools/temp/students/consider.asp

http://www.cic.gc.ca/english/study/study-changes.asp

I Heard That I Need A Study Permit To Go To School In Canada But Can Only Get A One If I Attend Certainly Schools-Is That True?


What you may have heard is that changes are being planned for the International Student Program (ISP) including limiting who might be granted a study permit. As you may know, foreign nationals that are in Canada on a valid visitor visa may enroll at any academic institution in a program of six (6) months or less without requiring a study permit. At the moment, any students wishing to attend at an academic institution for a program of a longer duration must obtain a study permit.
Under proposed changes to the ISP, the rules will not change for programs of six (6) months or less. For longer programs, however, only students attending an institution which has been designated as an “academic institution” by a province or territory will be able to apply for a study permit.
In addition, upcoming changes may include requiring international students to provide proof of studies. If implemented, the changes would allow CIC to verify adherence to the study permit conditions and could result in students being removed from Canada for failing to meet the requirements.
Although these prospective changes have been announced, the Government has not indicated when they might be implemented. If you are interested in studying in Canada, our lawyers would be pleased to assist you in the preparation of a strong and comprehensive study permit application and we invite you to contact us for a consultation.

I Have A Job Offer In Canada, Can I Apply For A Work Permit?


An employer in Canada offered me a job, can I apply for a Work Permit?

Yes. When applying for work permits in Canada there are several options.

One option is to obtain a positive Labour Market Opinion (LMO) and subsequently apply for a work permit. An LMO is an opinion issued by Human Resources and Skills Development Canada (HRSDC) regarding the employer, the position, the offer of employment and the need for temporary foreign workers to fill labor shortages in Canada. With a positive LMO, an individual can apply for a work permit through Citizenship and Immigration Canada (CIC). Some positions are LMO-exempt.

Citizens and Permanent Residents of the United States and Mexico may also be eligible for LMO-exempt work permits under the North American Free Trade Agreement (NAFTA) if they meet the requirements.

Citizens and Permanent Residents of participating countries may also be able to obtain a working holiday visa to work in Canada.

Can I Accompany My Husband To Canada If He Has A Work Permit?


My husband obtained a Work Permit to work in Canada. Can I accompany him to Canada?
Yes you can. If you wish to visit your husband while he is working in Canada, you will need to obtain visitor status.
If you wish to work in Canada, as your spouse has a work permit, you may be entitled to apply for an open work permit, provided your husband’s work permit is valid for at least six month and is for a position in NOC category A, B or 0 (Professional, Trade or Management).You will receive an “open” work permit, which means that you will not be restricted to a specific employer. You can chose to apply for this work permit either when your spouse applies for his work permit, or afterwards.

Can I Apply For An Off- Campus Work Permit?


I am studying at a private college here in Toronto, and I am going to graduate in 2014. My question is whether I can apply for an off-campus work permit?
Not many private colleges are eligible for the off-campus work permit category, as the general rule is only publicly-funded colleges qualify. However, there are some limited exceptions to the rule, and you can find out whether your college qualifies by checking the CIC website at the following link:

http://www.cic.gc.ca/english/study/work.asp

In addition, you can only apply for an off-campus work permit after a full six months of full-time study at your college, and once you obtain the work permit, you may only work a total of 20 hours per week.

I Heard That Is Is Harder To Immigrate To Canada As A Worker Right Now – Why?


The Canadian Government is currently in the process of revising its immigration policies. As a result, it has temporarily suspended the acceptance of applications to the Federal Skilled Worker Class (FSWC) until 2013 for any individuals who do not have an approved job offer. This means that applicants must have a job offer that has been arranged by an employer and approved by the relevant government department in advance of their application.
While no date has been announced for the re-opening of the Federal Skilled Worker Class for applicants without job offers, the Government has announced that the new regulations will include improvements to the FSW Class and a new category for applications, called the Federal Skill Trades Class. It is anticipated that this new category will be better suited to receive applications from individuals with training and experience in skilled trades.
If you do not have a job offer and would like to find out more about the new regulations once they are announced, please check back with us in Fall 2012/ Winter 2013. More details will be posted to this website as they become available.

How Do I Hire Foreign Workers For My Canadian Based Company?


We are a mid-sized company in Markham, Ontario that wishes to hire several foreign workers to join our team. We are extremely confused by the requirements, and would like to clarify the following:

1. Do we need to advertise the positions and show that no Canadian can do the job? and 2. Do we need to pay foreign workers a specific wage?
Generally, employers that wish to hire foreign workers must demonstrate that there are no Canadians or permanent residents who could do the job, as it is the government’s policy to ensure that all Canadian residents are able to find employment. In order to demonstrate that there is no one available to do the job, employers must show that they have made sufficient recruitment efforts in Canada. However, the minimum requirements to demonstrate these efforts depends on the type of employment being offered. For workers in management and professional occupations, the employer must simply demonstrate efforts that are consistent within the industry. For workers in trades and technical positions, the employer must also demonstrate advertising on the National Job Bank.

For some types of workers, such as post-graduate work permit holders and software engineers, no advertising is required. Employers must learn the detailed requirements for each position they hope to employ a foreign worker in . Foreign workers must be paid the same amount as Canadians, however it is sometimes difficult to know what that amount actually is. Prior to May, 2012, employers were required to pay the “median wage” for workers in the same occupation in their geographic location. However, now they are allowed to pay up to 15% less than the median wage, depending on the job offered, and providing they can prove that this is the wage paid to other employees. This is because many employers complained that HRSDC was requiring them to pay foreign workers more than their local staff. In any case, it would be wise to seek advise of experienced counsel to determine the requirements in each case.

Can I Obtain A Second Post-Graduate Work Permit?


I studied a one-year postgraduate work program and obtained a one-year post-graduate work permit. If I return to study my master’s degree at university, can I subsequently obtain a two-year post-graduate work permit?

Although the maximum duration of a post-graduate work permit is three years, the three-year permit is only granted to students who have completed a program of study which is two years or longer. For any program under two years in length, the work permit is granted for the same period as the period of study. In addition, a person can only be granted one post-graduate work permit, so even if you return to university and study for several more years, you will not be granted a further post-graduate work permit under the current law.

You should obtain personalized legal advice to determine if there are other options.

I Was Refused My Post-Graduate Work Permit As The College I Attended Was Not Qualified – What Can I Do?


I am currently in Canada on a study permit, and I was recently refused my post-graduate work permit as the college I attended was a private college, and is not qualified for the purpose of the post-graduate work permit program. What should I do? I did not know that the college was not qualified, and now I have a two-year diploma and no work permit!
This is a rather unfortunate and difficult situation, and you are not alone as many students were misinformed about their colleges. Depending on your particular circumstances, you can either ask your prospective employer to apply for a Labour Market Opinion (LMO) for the position they wish to offer you, or you can go back to a qualified college and obtain a new diploma.
The LMO would only be available in limited circumstances, and if you are a new grad without previous work experience it is unlikely to succeed as the level of position offered would likely be too low.
You should obtain detailed legal advice based on your particular circumstances to determine the best course of action.

1 2 3 4