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Top Five Tips for a Successful Visitor Visa Application

27/7/2017

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Oh Canada, how people like to visit thee! As a country that spans a continent, Canada welcomes millions of visitors each year. In 2016 alone Canada hosted over 18 million tourist. Visitors come to experience Canada's multicultural cities, untouched wilderness, beautiful wild life, majestic mountains and waterfalls, to name but a few of its unique attractions.


If you hold a passport from a visa-exempt country, you only need an Electronic Travel Authorization (or eTA) to board a plane to Canada. However, if you are not from a visa exempt country you will need to apply for a visitor visa before you travel to Canada.


In recent years Canada has encouraged visitor visa applicants to apply for multiple entry visitor visas that are usually issued for the length of time left before your passport expires. At first look visitors visas appear to be simple compared to other types of visa or immigration applications. They require fewer forms and are processed faster. However, the process is anything but simple when you realize how easily an application can go wrong and you can receive a letter stating that your application has been rejected. This is particularly damaging given how difficult it is to reverse a negative decision and to turn a negative visa history into a positive one when you re-apply.


Here are my top five tips to help you avoid the most common mistakes when applying for a visitor visa application:


1. There are no shortcuts: Apply with full knowledge of eligibility requirements
Whether you are applying for yourself or a family member, make sure that you are fully aware of the eligibility requirements for a visitor visa. You cannot rely on the personal experiences of family or friends because each person's situation is unique and they may not be aware of your particular circumstances when they “advise” you of what you should and should not do. Too many times I have been contacted by applicants who believe that they should have been accepted because they did everything the same as someone else who applied but were in fact refused.


You need to spend time reviewing all the legal requirements from Immigration, Refugee and Citizenship (IRCC) or seek the assistance of a qualified professional to advise you of the legal requirements and your eligibility.


2. Documents are King
Each application for a visitor visa is made up of forms and documents. The onus is on you to convince a visa officer that you meet the conditions of a visitor visa and that you will leave Canada once your trip is over. You must provide documents to back up all your claims including, but not limited to, your circumstances and ties to your home country, the reason(s) for your trip to Canada, and the resources you have to finance your trip.


You cannot assume that the visa officer will look favourably on your application and you must make every effort to convince the officer of your eligibility through the documents that you provide in support of your application.


3. Honesty is the best policy
You must provide complete and truthful disclosure in your visitor visa application. I am often asked “why is it important to have the correct dates of birth for my parents?” or “do you really need to know the date I graduated from university twenty years ago?” The answer is that every question in the application forms for your visitor application counts and must be answered truthfully. Any incorrect information in your forms, whether significant or insignificant, provided deliberately or by mistake, can be the basis of a finding of misrepresentation.


The consequences from a finding of misrepresentation are very severe and often result in you not being able to apply for any visa for a number of years. This is particularly important because Canadian immigration law does not recognize your lack of knowledge of the law or the information filed on your behalf as a defence to misrepresentation and you will be held responsible for all information presented by you or on your behalf in your application.


So before making any submissions to IRCC make sure you check and re-check to ensure that the information and documents in your application are complete and accurate.


4. Your visitor visa profile lives on forever
When applying for a visitor visa you should remember that the information you provide will be part of your profile with immigration forever. Therefore the extra time you invest to gather accurate information and complete documents will be well spent.


I have seen many applicants who realized after their visit to Canada that they would like to immigrate or apply to study or work in Canada. However, they found out that the information they provided (or was provided on their behalf) in their visitor visa did not correctly reflect important things such as their work experience, their education or even their family members. This inaccurate or incomplete information creates serious legal obstacles for them in applying for different visas and may well be the start of a finding of misrepresentation.


If someone else is preparing your application, always ask to see a copy of the application and forms before they are submitted and make sure to keep a copy of all forms and documents yourself.


5. If it sounds too good to be true, it probably is
All too often there are unlicensed and unqualified people who promise to obtain visitor visas for applicants for exorbitant fees. I am regularly contacted by applicants who have paid thousands of dollars but not received a visitor visa. And in other circumstances, applicants have arrived in Canada only to find out false information was provided on their behalf to obtain their visitor visa.


Beware of the promises that these people make for as the old saying goes: “if it sounds to good to be true, it probably is”. Do not be a victim of such fraud. Carefully scrutinize the information provided to you and make sure that you choose someone to assist who is a competent immigration lawyer or licenced immigration consultant with a proven track record.


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Canada Set to Welcome Record Number of International Students

20/7/2017

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International students are applying to study in Canada in great numbers and we are set to welcome a record number of international students this September. This follows the previous jump in 2016 when 367,000 international student visas were issued, itself an increase of 22% over the number of student visas in the previous year.


It comes as no surprise given the high calibre of Canada's universities and the wide range of college programs and diplomas. However, it is the result of increased recruiting efforts by Canadian institutions and focused immigration policy decisions that have made Canada more attractive for international students.


Over the last decade, Canada has adopted immigration programs to retain international students upon the completion of their studies. Students can work while they study and upon completing recognized degrees or diplomas in Canada they qualify for a post-graduate work permit allowing them to work in Canada for up to 3 years. The Federal government is continually working to improve its services and in the past year has reduced the processing time for these post-graduate work permits from an average of 17 weeks down to just 6 weeks. In November 2016 the Express Entry system was changed to introduce points for international students who complete a recognized degree or diploma in Canada, making it easier for international students to become permanent residents. The provinces are also trying to retain international students and offer unique provincial nominee programs for international graduates in their province.


The Minister of Immigration, Refugees and Citizenship, Ahmed Hussen, recently stated in a speech at the Canadian Club in Toronto: “Why wouldn’t we want to hang on to these people? These are already people who are proficient in English and French or both and who have a post-secondary education in one of our fine institutions.” He went on to elaborate on the immediate impact that international students have on Canada's economy, explaining that international students inject more money into the Canadian economy than exports of softwood lumber or wheat, or even income from our financial services. In addition to living expenses and spending on consumables, international students pay tuition fees that are up to two or three times the fees of Canadian students.


Global factors are also increasing demand in Canada's universities and colleges. Students are often looking for a path to employment and permanent residence at the completion of their studies. The US has been the destination of choice for up to 1 million students each year. While it is too early for us to have the data, the implementation of the travel ban in the US from a number of predominantly Muslim countries and a lack of a clear path to work visas or permanent residence upon completion of studies will undoubtedly play into the decision of students choosing between Canada and the US.


But this is just the beginning. Canada wants to attract even more international students and is looking at areas of improvement in the processing of visa applications and looking to the experience of other countries such as Australia and Germany in recruiting and retaining top talent. These changes cannot come quickly enough as the shortage of skilled workers in Canada continues to grow and the need for attracting and retaining the skills and talents of immigrants become critical to the economic survival of Canada.  
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    Authors: 
    Zeynab Ziaie 
    Zahra Ziaie 

    Note: This information is not intended as legal advice or opinion. You should always seek specialized legal advice with regards to your situation as the facts of each case are unique and the application of law varies in every case. 

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