I Came To Canada On A Work Permit And I Would Now Like To Bring My Wife And Son Over – How Does It Work?


I came to Canada on a work permit, valid until 2015, to work for a company in Markham. My wife and son have remained in China. As we are finding it difficult to spend so much time apart, we have decided to apply for permanent residence in Canada, and my employer supports that. In the meantime, I would like to know if they may join me in Canada while we are waiting. My son is 18 years old, and would like to work in Canada instead of going to school. Is this allowed?
Both your wife and son may apply for open work permits provided your work permit was given for a position that is NOC A, B or 0 (professional, trade or management) and must be valid for at least six months (which it is). As long as your son remains a dependent child pursuant to the Immigration regulations, he will be entitled to the work permit. In addition, as the dependent child working-age work permit is only granted as part of a pilot project in Ontario, they must make the application before July 31, 2013, and will receive permits which will expire on the same date as yours. In addition, they will need to meet the normal requirements as visitors to Canada, including demonstrating an intention to remain only temporarily in Canada, or dual intent. As this adds some legal complexity you should obtain specific legal advice. In addition, as you have indicated that you wish to apply for permanent residence, I urge you to do so quickly, as the regulations and requirements are changing constantly.

I Applied To Extend My Work Permit – Can I Travel Outside Of Canada?


How to address traveling with a Canadian work permit

My work permit will expire on April 30, 2014, and I have applied to extend my work permit. I would like to leave Canada on holiday on April 30th and return on May 15th. Will I have a problem re-entering Canada?
You should be very careful in this situation. You have not indicated when you applied to extend your work permit, nor provide details regarding your current work permit and your new work permit application. If you have applied for a work permit with respect to continuing the same employment, you will have implied status until the new work permit is issued. If you have applied for a work permit with a different employer or different job, then you will not be permitted to continue working. In your situation, if you leave the country, you would also not have the benefit of implied status. In such a case, you may still be able to return to Canada if you have a multiple entry temporary resident visa (visitor visa) which has not expired, however, you would need to explain the circumstances surrounding your work permit and your intentions in Canada. Generally, I would recommend remaining in Canada until the new work permit is issued. You should consult with an immigration lawyer to obtain proper, detailed legal advice before leaving Canada.

I Have Applied For The Extension Of My Work Permit But I Want To Switch Employer – Can I?


I am currently working in Canada but my work permit expired on June 30, 2014. I applied to extend my work permit on June 22, 2014, and I was informed that I could keep working until my work permit extension was processed. I was recently offered another job which is much better than my current one, and I wonder if I can switch employers while I am waiting.
Although you have implied status and can continue working for your current employer, you may not be able to switch employers, depending on the type of work permit you had. If your work permit was open (for example you were on a student work permit and you are waiting for your post-graduate work permit), then you could switch. However, if your work permit was restricted to a particular employer, then you would likely need to apply for a new work permit (and perhaps a labour market opinion (LMO)). You will need to get specific advice for your particular situation.

I Am Attending A Conference In Canada, Do I Need A Work Permit?


Our Ontario-based company conducts business in several countries around the world, including in China, Korea, the United States and Germany. We have several foreign workers in Canada from various countries, as well. We are organizing a large event to bring key people from our various offices to Toronto for a three-day conference in July, 2012. Several of the foreign managers will be asked to give speeches and conduct seminars during the conference, and we were wondering if there would be any issue with that. Would this be considered work that requires a work permit?
The people entering Canada to attend the conference would simply be considered business visitors. For those who are giving speeches, conducting seminars or workshops, or giving corporate training, they are exempt from obtaining a work permit pursuant to section 186(j) of the Immigration and Refugee Protection Regulations, as long as the event last no longer than five days. If on other occasions, there will be a longer duration in Canada, you may still be able to enter without a work permit, depending on the circumstances. It is a good idea to seek legal advice well in advance.

Criminal Rehabilitation: Can I Enter Canada If I Have A DUI Conviction?


If your DUI conviction is recent and even if you have completed the sentence imposed, you are considered inadmissible to Canada. However, you may still be able to enter Canada by applying for a Temporary Resident Permit (TRP). This TRP allows you to enter Canada temporarily. You will need to submit a number of documents to the border officer. The officer at the border has high discretion to issue the TRP or not. It is important that the TRP application is prepared adequately as a refusal will complicate all your future entries to Canada.
In some cases, as a DUI conviction was long ago, you may be eligible to apply for a Criminal Rehabilitation. Once you have been criminally rehabilitated, you will no longer need to apply for a TRP.
Criminal convictions have various sentences and depending on your personal circumstances, you may or may not be eligible for a TRP or Criminal Rehabilitation.

How Do I Overcome My Criminal Inadmissibility?


Certain convictions will render visitors to Canada criminally inadmissible. Allowing visitors with criminality entry to Canada will depend on when the sentence was completed as well as the type of conviction. Many visitors travel back and forth to Canada without disclosing their criminal history and this is not recommended. Regardless of the level of criminality, all convictions should be disclosed to border officers. At any given point, a border official may ask you questions about your criminal background. The proper way to visit Canada while having a criminal history is to have the conviction assessed by an immigration lawyer to determine whether a Temporary Resident Permit is required. With the passing of time, some applicants may no longer be criminally inadmissible A Temporary Resident Permit overcomes the criminal inadmissibility and allows entry to Canada for short period of times. An immigration lawyer will prepare a Temporary Resident Permit application for applicants to submit at the Canadian border for same day issuance.
If individuals visit Canada very frequently, a Temporary Resident Permit application can also be submitted at the Canadian Embassy or Consulate abroad. The processing time for this application is longer, however when issued, this Permit will be valid for a longer period of time. This will avoid applying for Temporary Resident Permits each and every time crossing the border. It is recommended to apply for both a Temporary Resident Permit at the border and at the Embassy or Consulate abroad simultaneously as border officers prefer to see this.
Finally, visitors who qualify can also submit a Criminal Rehabilitation application to the Canadian Embassy or Consulate abroad. Once a visitor is rehabilitated, a Temporary Resident Permit is no longer required to enter Canada. Again, immigration officers prefer to see the criminal rehabilitation application pending when making a decision on a Temporary Resident Permit.

Can I Invite My Parents To Visit Me In Canada?


How to invite your parents on a visitor visa to Canada

Yes, you can. If your parents’ country of citizenship is not visa exempt, they will need to apply for a Visitor Visa.

In order to obtain Visitor Visas, your parents will need to demonstrate that their stay in Canada will be temporary as well as sufficient funds to pay for the trip Canada. They must also demonstrate that they will return to their home country upon the expiration of their visitor status. An Immigration Officer will ultimately determine to issue the Visas. It is recommended to submit a complete application with strong supporting documents.

My Visitor Visa Was Refused, Can I Re-Apply?


Yes, you can always re-apply for a Visitor Visa. However, a re-application following a refusal is always a bit more complex given that this refusal remains on your history. Although an immigration officer may not simply refuse a Visitor Visa for the sole reason that you were refused in the past, this nonetheless affects your application. This is why is it important to submit a well prepared Visitor Visa application following a refusal with relevant supporting documentation.
To obtain a Visitor Visa, you need to demonstrate the reasons for your travel to Canada, sufficient funds for your trip as well as evidence that you will return to your home country upon expiration of your Visitor Status. There are many other factors that may positively or negatively affect your Visitor Visa application, and these must be adequately reflected in your request.

I Am A U.S. Citizen, Can I Live In Canada For One Year As A Visitor?


As a U.S. citizen, you do not need a visa prior to entering Canada. However, when you do enter Canada, you are allowed to remain in Canada for a period of 6 months as a visitor unless indicated otherwise by the  immigration officer. As a visitor, you are not able to engage in unauthorized work. If you wish to extend your stay, you must make an application to extend your visitor status. You must have a valid reason for the extension and you must demonstrate that you will be able to financially support yourself as well as your intention to return to the U.S.  upon the expiration of your visitor status. It is best to consult with an immigration lawyer if you are planning an extended stay, so that you do not experience complications upon application for an extension of your status.

Why Do I Suddenly Need A Visa To Come To Canada When I Didn’t Before?


Why you may need a Visa to enter Canada

The Government of Canada is continually revising its immigration policies and procedures in response to issues that come to its attention. As a result, the list of countries whose nationals need a visa to visit Canada can change at any time.
In mid-September 2012, the Government of Canada announced that citizens of Botswana, Namibia, St. Lucia, St. Vincent and the Grenadines, and Swaziland will now need visas to visit Canada. The Government reports that these changes will help combat issues related to such things as the use of unreliable documents and disproportionate numbers of asylum seekers.
If you are planning to travel to Canada, we recommend that you regularly consult the Citizenship and Immigration Canada list of countries whose citizens require visas for entry (http://www.cic.gc.ca/english/visit/visas.asp).

If you are a national of a country that requires a visa, our lawyers can assist you with a visa application.
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 Apply To Extend My Visitor Visa While I Am In Canada On A Visit?


Yes, it is possible to apply to extend your status while you are in Canada as a visitor. An application should be made before the expiry of your valid visitor visa and the process and required forms are similar to that which you would have completed for your original visa.
If your visitor visa expires after you have applied to extend your stay, you will still be considered to have valid status as a visitor (also called implied status) until a decision is made regarding your application for an extension.
Once a decision is made, you will either receive notice of your approval for an extension and your new visitor visa expiry date or notification that your application has been denied. If your application is denied, you will be required to leave Canada as you will no longer have authorization to be in the country.
Our office is skilled at compiling strong applications packages for all types of immigration matters. If you would like assistance in applying to extend your visit in Canada, please feel free to contact us to make an appointment to speak with a lawyer.

I Have Applied For Visitor Visas On Several Occasions And Each Time They Have Been Refused?


A refusal of a TRV application can be the result of many factors and each refusal is usually accompanied by a list of reasons or issues that caused the evaluating CIC officer to render a refusal. The officer’s primary concern is usually that an applicant will enter Canada, but then will not leave at the end of the visa.
If you have been refused several times, it may be in your best interest to have an experienced professional look at the reasons for the refusals and the documentation that you provided in your application. If you have presented strong, well-documented applications that have addressed the question of your bona fide intention to visit Canada temporarily, you may wish to consider the other legal avenues available to you, including requesting a judicial review.
Our lawyers are experienced in preparing comprehensive TRV applications and would be happy to review your applications and refusals and advise you on the options available to you.

Please feel free to schedule a consultation during which our lawyers will be able to discuss the specific details of your case with you.

 

 

How Many Times Can You Extend Your Visitor Status Within Canada?


I have been in Canada for 1.5 years as I was able to extend my visa twice. Could I try for a third visa extension form, or will it be automatically refused?

There is no statutory limit on the number of times a person can extend visitor status. Instead, the officer will consider the history of the applicant, the purpose of the visit, and whether there is a valid reason to continue visiting. The primary concern of the officer will be that the applicant intends to remain in Canada permanently, in which case the extension would not be granted. In some circumstances, numerous extensions can be granted as they make sense in the overall context. For example, where a parent seeks extensions while waiting for permanent residence. In other circumstances, there appears to be no valid reason to remain in Canada, and the officer will deny further extensions. It is important to get legal advice based on your specific, individual situation.

Permanent Residence Refusal: Will I Get A Refund for the application?


Generally speaking, no, there will not be a refund. However, if you applied prior to the recent legislative changes, you may be entitled to a refund, depending on when you applied, and the reason for the refusal. If you applied before February 27, 2008, the date the major changes to the immigration law took effect, your application will be processed.

You will not get a refund unless you choose to withdraw your application before it is processed. If you applied on or after February 27, 2008, and your application is not eligible for processing, you will get a full refund. If your application is eligible for processing, gets processed but is then refused, you will not get a refund.

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