Ziaie Law: News

International Students Part 3 – Studying in Primary or High School in Canada

11/8/2018

Over the past few weeks I have written about international students that choose to study in Canada. Typically when we think about international students we think of college and university students pursuing post-secondary education. This week I want to turn to another group of international students: minor international students studying in Canada at the primary and secondary school level.

Why Do Families Choose Canada?
There are different reasons why a family may choose to have their minor child study in Canada as an international student: the child may be accompanying his or her parents as they work or study in Canada, or the family may have an immigration application in process and want their child to have a head start and study in Canada before the family receives their immigration status. However, in an increasing number of cases families are choosing for their minor children to study in Canadian primary and secondary schools and obtain a Canadian high school diploma.

The numbers are interesting and while there are no official number released for 2018 yet, the number of international students applying to the school boards in Ontario and British Columbia has increased significantly in the past five years.

Which School Should We Choose?
Minor children have the option to choose between a number of different school options: public schools, Catholic schools and private schools. Depending on the type of experience that the child or child's family is looking for it is possible to find a school that is suitable. Some schools offer homestay opportunities that allow their students to live with a local family. There are also boarding schools that allow students to live in the school's dormatories. While there are many different school options, if you are looking to enrol in a private school it must be certified by the provincial Ministry of Education as a registered private school.

If you would like your child to study in Canada you should start the application process as soon as possible because spaces in schools fill up and you have to act fast to get into the most popular schools.

At What Age Should Minor Students Come To Canada?
It is possible to study from grade 1 to 12 as a minor student. However, the most popular grades are in high school, and particularly grade 11 and 12, that allow students to become familiar with the Canadian education system, improve their English and have a better chance of entering Canadian post-secondary education.

Who is a Custodian?
Across Canada the age at which a child is considered a minor is different. For example in Ontario it is children under 18 but in British Columbia it is children under 19. If a minor child is studying in Canada they must either be living with their parent or legal guardian, or they must have a custodian. A custodian is a responsible adult, who is a Canadian citizen or permanent resident who will take care of and support the minor child.

In the case of younger children it is often advisable that they be accompanied by at least one parent and we routinely obtain visitor visas for parents to accompany younger children studying in Canada. However, where a parent cannot accompany the child a suitable custodian can be selected and the custodian must undertake to take care of the child in Canada. A custodian can be a close family member such as an aunt or uncle or trusted family friend. If it is not possible to find such a person there are companies that provide custodianship services.

Unfortunately there is no clear federal or provincial program to oversee the custodians for international students, therefore it is extremely important for parents to ensure that they find qualified custodians for their children. The government will likely have to create a framework for supervision of custodians in the future as the number of minor international students increases across Canada.

Do Minor Students Need A Study Permit?
Students that want to enrol fulltime in a school in Canada, for studies that are longer than 6 months long, must have a valid study permit. Depending on the circumstances of each case an immigration lawyer can advise you of the required documents for the study permit application. It is important to note that one of the most important requirements in order to obtain a study permit is for the child's family to demonstrate that they will be able to cover all the expenses related to the child's studies and stay in Canada.

If you are interested in having your child study in Canada you must apply as early as possible as processing of study permits can take several weeks, and can become more complicated if coupled with a visitor visa application for an accompanying parent.

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Second Round of Application Intake for Parent and Grandparent Sponsorship Applications Good News for up to 8500 families across Canada

2/8/2018

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Once again there is good news for thousands of applicants who tried to sponsor their parents or grandparents earlier this year. Immigration, Refugees and Citizenship Canada ran a lottery for those interested in sponsoring their parents in the spring and issued 10,000 invitations to apply. The deadline for submitting these applications was May 25, 2018.

I wrote in my article in December that IRCC would likely not receive 10,000 applications, despite efforts that IRCC made to ask additional questions to ensure those registering for the lottery actually qualified. The prediction was correct and IRCC is now allowing a second round of applications for the parent and grandparent sponsorship program. 8500 new applicants have been chosen and they will have 60 days to submit their complete sponsorship applications to IRCC.

If you registered your interest to sponsor your parents or grandparents in January but were not previously chosen you should check your inbox for an email from IRCC. You can also check the confirmation number here: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/sponsor-parents-grandparents/selected.html

If you are one of the lucky applicants who has been chosen, make sure to review all the eligibility requirements and submit a complete application. IRCC is very strict and I have seen applications returned for missing a single signature, an old photo or one copy instead of an original.

Eligibility Requirement for Parent & Grandparent Sponsorship
In order to sponsor, you must:

be 18 years of age or older;
be a Canadian citizen, Registered Indian or permanent resident;
be sponsoring your parent or grandparent;
live in Canada;
sign an undertaking promising to provide for the basic requirements of the person being sponsored for a period of 20 years;
sign an agreement with the person you are sponsoring that confirms that each of you understands your mutual obligations and responsibilities;
prove that you have sufficient income to provide the basic requirements for your family members in Canada as well as the persons included in your sponsorship undertaking. You may also have a co-signer.

The minimum necessary income requirement is based on the size of your family and the number of people you are sponsoring and is assessed based on your income from the three years preceding your application. For example for a family of three sponsoring both their mother and father, the applicant (along with a potential co-signer) would need to show income of at least $65,377 in 2015 and $66,654 in 2016 and $67,400 in 2017. This amount varies based on the number of people in the family and those being sponsored. The income is verified based on proof of income from the Canada Revenue Agency (CRA).

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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Top 5 tips for international students looking to study in Canada's Universities and Colleges

26/7/2018

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Are you in the process of deciding which country you want to study in? Are you considering studying in Canada? Below are 5 tips that can help you as you make your decision to pursue higher education in Canada.

Remember if you are studying in Canada for a period of less than 6 months you do not need a study permit. However, you will need a valid visa to enter Canada or if you are from a visa-exempt country you will have to have an eTA. For those who want to study in programs that are longer than 6 months you must have a valid study permit to be enrolled.

1. Decide on your course of study: university or college?
Canada is home to dozens of high caliber universities and colleges that offer a wide range of courses and programs of study from one year diplomas to four year bachelor degrees, and highly specialized masters and doctorate programs. Depending on your interests and goals you will undoubtedly be able to find a program that will be suitable for you.

Historically colleges in Canada offered more vocational programs and universities had a more academic focus. While some colleges still retain specialized vocational programming, many colleges have grown and even offer bachelor programs. In addition, universities today have tried to incorporate more hand-on training in many of their programs and you will be able to find opportunities to participate in co-op programs that will allow you to put the skills you learn in the classroom into practice.

Whether you choose a college or university you want to be mindfull of one thing: if you wish to obtain a study permit the institution you are enrolling in must be a Designated Learning Institute (DLI). Also, if you plan on working in Canada after you finish your studies you should ensure that the program and institution you are enrolling in will qualify you for a post-graduate work permit.

2. Figure out the costs and explore scholarship opportunities
As an international student you will be paying international student tuition fees. These fees can range from $15000 to $45000 per year. There are also additional expenses for books, insurance and of course living expenses. These costs will vary depending on the institution that you choose and the local living expenses. However, you should figure out a budget for your studies and ensure that you have the necessary resources to cover all the expenses. This is particularly important when you are applying for your study permit because you must demonstrate to the visa officer that you have the necessary funds to cover the expenses related to your studies.

You should also note that as an international student you are permitted to work up to 20 hours per week. This income may be a helpful source of additional funds and more importantly a good way to gain experience in Canada. But given the cost of international tuition you cannot rely on this income to pay for your tuition fees.

For gifted international students there are opportunities to receive scholarships and obtain funding, particularly in masters and doctorate programs involving research. You should start your search early to give you enough time to explore these opportunities and prepare your scholarship and funding applications.

3. Look beyond the big cities
While the big universities in Toronto and Vancouver have an international reputation, there are great universities and colleges spread across Canada. From Halifax to Victoria you will find institutions offering outstanding programs and opportunities for international students. If you are planning on working after you graduate and applying for permanent residence there are also special programs in each province aimed at keeping local graduates that may help you in achieving your goal of settling in Canada permanently.

4. Language skills
In Canada you will be studying in one either English or French and entry to any college or university program will require that you demonstrate that you have sufficient language ability. You can do this by providing your language exams up front to show that you meet the language requirements of the institution and receiving an “unconditional acceptance” into the program. In some circumstances it is possible to study English or French at the institution and pass their own language exam to qualify for admission. However, this may impact your ability to obtain a study permit as this is considered a “conditional acceptance”.

There are also language colleges in Canada that offer programs in English and French. While they are popular, unfortunately the policy for granting study permits for these programs is not consistent globally and you are much less likely to get a study permit if there has been a gap of a few years since you last studied.

5. Stay on top of deadlines and paperwork
Studying in Canada can be a very rewarding experience: in addition to the academic experience upon graduation you will likely have an option to work and eventually settle in Canada. However the process of applying for study permits and maintaining your status as a student are very important and at times very complicated. You must make sure that you stay on top of your paperwork and submit your applications before the deadlines to ensure you can legally study in Canada.

When you are first accepted you must apply for a study permit in advance of the start of your study period and as you remain in Canada you must ensure that you apply for any required extensions or change of status applications before your status expires. This will ensure you always remain “in-status” meaning that you are legally in Canada. You should also be mindful of the deadlines for applying for a post-graduate work permit – if the deadline passes and you have not applied you will not be granted a post-graduate work and may be required to leave Canada before gaining any Canadian work experience that could qualify you to apply for immigration.

As you prepare to embark on this exciting path to study in Canada you can consult with an experienced immigration lawyer to better understand these important visa and immigration requirements and deadlines to ensure that the process proceeds as smoothly as possible.

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Competition for International Students: How Canada's Strategies are Attracting the best and brightest

19/7/2018

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The total number of students studying outside their home country has more than doubled since 2001. According to UNIESCO data, in 2017 more than 4.6 million students were studying internationally. With the increased number of international students, countries around the world are creating programs to specifically attract these students and are in direct competition to attract the best and brightest students.

For example Germany's government announced plans in 2013 to increase its number of international students to 350,000 by 2020. With its recruitment plans it was able to reach this goal by the 2016-2017 academic year. Similarly Australia released a strategy in 2016 for international education and by October 2017, the country increased enrollment by international students by 15% over the previous year and had 350,000 international higher education students. Even China, which is the source of the most international students is now among one of the top host countries and it has announced ambitious plans to attract even more international students.

Canada too has hopes to attract 450,000 international students by 2022 and it is very close to achieving this goal as over 300,000 international students chose Canada for the 2017-2018 academic year. So how are international students choosing where to study and how has Canada been such an attractive option for international students?

Given the high calibre of Canada's universities and the wide range of college programs and diplomas it comes as no surprise that Canada is a top choice for international students. While University of Toronto, Waterloo and McGill are internationally renowned, studying at any of Canada's universities and colleges is regarded with great respect. In addition to the great reputation of Canadian universities and colleges, these institutions have created recruitment strategies to specifically increase awareness about their programs and opportunities to attract top talent. These efforts are paying off as more and more students are applying to study at Canadian colleges and universities across Canada.

Once a student has chosen Canada and obtained an acceptance, he or she must have a study permit to be able to study in Canada.The government has also stepped up its efforts to process the study permit applications for international students more quickly and with more reliability. The increased reliability of the visa process makes Canada a safer choice for international students.

Finally, one of the reasons why international students are attracted to Canada is because of the government of Canada's efforts in creating opportunities and pathways to permanent residence and citizenship 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. 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.

Over the next few weeks I will be writing more about the studying in Canada as an international student. If you have any specific issues you would like see covered please feel free to email me at [email protected].

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Celebrating Canada Day With Canadian Citizenship

28/6/2018

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This Canada day will be extra-special for hundreds of people as they participate in special Canada Day citizenship ceremonies scheduled across the country where they will finally be able to become Canadian citizens.

Through out the 151 years since the enactment of Canada's Constitution Act of 1867 that united the colonies of Canada, New Brunswick and Nova Scotia into a single dominion known as “Canada”, the country has had different rules and regulations for allowing immigrants to enter Canada and how they qualified to become citizens of Canada.

As a dominion under British rule, Canadians were initially classified as “British Subjects”. Over the years a new and separate status of “Canadian national” was created by the Canadian National Act of 1921. Canada continued to gradually gain its independence from Britain which culminated in the Constitution Act of 1982 and Britain ceased to have any legislative authority over Canada.

The current Citizenship Act was amended significantly in 2017 based on the election promises of the Liberal Party and made important changes to the requirements to qualify to become a citizen and equally importantly the right to retain citizenship. Under Canada's current laws there are four ways you can acquire Canadian citizenship:

by birth on Canadian soil
by descent (being born to a Canadian citizen parent) – there are some limited exceptions that I have written about before
by grant or naturalization where you apply to become a Canadian citizen upon meeting the eligibility criteria
by adoption

While the process of citizenship by birth and descent is automatic, for become a naturalized citizen you will need to follow a process set out by the Citizenship Act. Once you apply, Immigration, Refugees and Citizenship Canada (“IRCC”) will first check to ensure that you meet the eligibility critiera: for example have you been physically present in Canada for the requisite number of days or do you have proof of your language ability?

If you pass this initial assessment, you will be invited to write the citizenship exam if you are between 18 and 54 or attend an interview if outside of this age range. Also as part of the assessment IRCC will run background checks to confirm that you do not have any criminal charges or convictions in the past 4 years before your citizenship application that would make you criminally inadmissible for Canadian citizenship.

Once your eligibility has been confirmed you will be invited to attend a citizenship ceremony and take the oath of citizenship. While children under 14 and certain other individuals are exempted, to become a citizen by naturalization you must take the oath of citizenship. The oath of citizenship is a statement that is recited and signed in the citizenship ceremony where you promise or declare your fealty to the Canadian monarch and promise to abide by Canada's laws and uphold the duties of Canadian citizenship. Upon signing the oath of citizenship you will be presented with a citizenship certificate that will be your proof of Canadian citizenship and will make your new status as a Canadian citizen.

If you are interested in attending a citizenship ceremony on Canada Day you can find the times and addresses of local ceremonies here: https://bit.ly/2yPD80Y

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Work Visas Under NAFTA What is at risk in NAFTA negotiations

21/6/2018

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The North America Free Trade Agreement, NAFTA, has been constantly in the news for the past year. Canada, the US and Mexico have been renegotiating the trade agreement that came into force in January 1994. While there have been changes and updates to NAFTA over the past three decades, from the sound of things the current negotiations will likely lead to major changes.

As a trade agreement, NAFTA contains provisions related to trade between these three countries, but it also includes provisions that allow citizens of the countries to work in any of the other three countries. The goal of these provisions was to make the flow of workers easier and thereby facilitate trade between the three countries. For example, based on the latest figures available, in 2016 Canada granted work permits to 17,602 Americans and 691 Mexicans under NAFTA professional provisions. In the same year, the US issued 14,768 NAFTA professional visas to Canadians and Mexicans.

NAFTA has a number of provisions that allow for the movement of people including Intracompany Transfers, Treaty Traders or Investors as well as educated professionals. For example under the professionals category, educated Canadians, Americans and Mexicans in 63 occupations can obtain work permits for up to three years to work as engineers, accountants, lawyers and so on. Under NAFTA, citizens may apply to work in any of the three countries, as long as they have a qualifying temporary employment offer. This process is much easier and faster than the process that a citizen of another country would face to secure work authorization and enter the North American workforce.

Professionals under NAFTA must fall under one of 63 occupations listed in the current NAFTA provisions. This list was created before the rise of the digital era and therefore does not include many high demand occupations. Therefore, the NAFTA negotiations are an opportunity to update this occupation list. However, the current NAFTA negotiations and the general anti-immigrant political climate in the US will not only make it difficult to update this list but there is talk that the professional provisions may be removed entirely, putting the status of tens of thousands of Canadians, Americans and Mexicans in jeapordy.

Unfortunately it is not clear what will happen to professionals if NAFTA negotiations breakdown and the US withraws from NAFTA. The good news for Canadian businesses that hire American and Mexican workers is that they may be able to apply for authorization and work permits for their employees under other programs such as the global talent stream. However, the fate of Canadians and Mexicans in the US is less clear, particularly with the strong competition for existing professional work permits and we may see thousands of Canadians returning home to Canada, reversing the general trend over the past few decades of Canadian talent leaving for the US. While the negotiations and talk of trade wars continue it is impossible to predict what will happen but we can hope that cool heads prevail and the provisions are saved and updated to allow for many more decades of prosperous trade and free movement of work between the three countries.

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Hiring a foreign employee: the case of foreign caregivers

14/6/2018

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Over the last two weeks I have written about the possibility for Canadian businesses to hire foreign workers in Canada when they face a labour shortage. This week I am writing about the case of a special category of employers: families that want to hire a foreign caregiver to work in their home to look after children or a family member with high medical needs.

As with all other visa and immigration categories, the caregiver category has changed greatly in recent years. A few months ago I wrote about changes that would impact the ability of caregivers already in Canada to be able to obtain permanent residence. But what can you do if you want to hire a foreign caregiver? Here are answers to your top three questions as you consider whether and how to hire a foreign caregiver:

1- Can I hire a “live-in” caregiver or nanny?
You cannot require that the caregiver must live with you or the family member that they are looking after. However, it is possible for the caregiver to agree to live with you or the family member that they are caring for. If you come to an agreement with your caregiver for her or him to live in your home, you must:

provide accommodation in the form of a private bedroom that is furnished
the bedroom door must have a lock and safety bolt on the inside
the bedroom must meets the municipal building requirements and the provincial / territorial health standards
you cannot charge the caregiver for room and board for the accommodations

2- What is the process for hiring a foreign caregiver?
In order to hire a foreign caregiver, you must be meet the following requirements:

Demonstrate that you want to hire someone to provide care on a full-time basis (minimum 30 hours per week).
Demonstrate that you want to hire someone to work in the private household where the care is being provided.
Prove that you have eligible individuals requiring care (either that your children are under 18 or that your family member has high medical needs).
Prove that you have the financial ability to pay the caregivers' wages. You will be required to provide your Notice of Assessment as part of the application process.
Prove that have conducted recruitment and advertisement in Canada to try to find a caregiver in Canada before looking for a foreign caregiver.

If you meet these requirements you can submit an application to Employment and Social Development Canada and if your application is approved you will be able to apply for a work permit for your foreign caregiver.

You should also note that once your caregiver is in Canada you must comply with all the requirements of the Ontario Employment Standards Act that sets out the rights that employees have including minimum wage, overtime pay, public holidays, severence pay, and various kinds of leave such as pregnancy leave, medical leave, and so on.

3- What costs are associated with hiring a caregiver?
The process of hiring a caregiver can be complex as described above. It also requires payment of at least the following costs:

Employer Compliance fee: $230
Labour Market Impact Assessment application fee: $1000 (this is waived if your total family income is below $150,000)
Advertising costs: there may be some costs associated with advertising for 4 weeks before we can submit the application (this is one of the trickiest parts of the application)
Work permit application fees: $155
If biometrics are required: $85
Transportation costs for the caregiver to travel to Canada for your caregiver
Private health insurance for the first three months before your caregiver becomes eligible for health insurance in Ontario (this will differ in other provinces)
Work place safety insurance for your nanny as a monthly premium

You should also note that you are required to provide compensation for your caregiver at the prevailing wage in the area you live. For example, the median wage in Toronto is $14 per hour and you will have to offer the same to a caregiver you wish to employ in Toronto.

Given the complexity of the process and costs involved you should speak with a specialized immigration lawyer to evaluate your chances and create the best path for bringing a caregiver for your family to Canada.

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Updating Canada's Medical Inadmissibility Policy & Increasing inclusiveness in Canadian Society

26/4/2018

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On 16 April 2018 the Minister of Immigration, Refugees and Citizenship announced an update to the policy regarding medical inadmissibility under Canada's Immigration and Refugee Protection Act. The changes that will come into effect on 1 June 2018 will enable more applicants for permanent residence to be approved even if they have a medical condition or disability that may have previously rendered them inadmissible to Canada because of “excessive demand” on the Canadian health care and social services system.

In November 2017 I wrote in depth about the requirement for all applicants for immigration to Canada to undergo medical examinations. Some classes of immigration such as spousal sponsorship or refugees are exempt from medical inadmissibility regulations. However, for many applicants, if the applicant or any accompanying family member has a medical condition that “may cause excessive demand on existing social or health services provided by the government” they can be found medically inadmissible. The threshold for “excessive” demand was set at $6,655 per year (based on 2017 figures), meaning if the officer determined that an applicant would require care and social services in excess of this amount they would be deemed medically inadmissible.

However, this approach has long been criticized as being out-of-date and out-of-touch with Canada's current approach to inclusion and disabilities. Annually approximately 1,000 applicants are denied immigration to Canada because of medical inadmissibility, with at least a quarter of these being families that have children who require special education services that will cost more than the minimum threshold. This means hundreds of applicants are refused each year under the provision because they or their children have a health condition or disability that can be accommodated by Canadian society.

The new policy that will be effective as of 1 June will make two important changes:
1- it will increase the minimum threshold considerably to $19,965 per year (based on 2017 figures), and
2- it will change in the definition of “social services” so as to remove references to special education, social and vocational rehabilitation services and personal support services that an applicant may need in Canada.

The aim of this new policy on medical inadmissibility is to better balance the need to protect publicly funded health and social services with Canada's commitment and views on the inclusion of all persons, including those with disabilities.

To make this policy a reality, the federal government is making important administrative changes including creating a centralized office to make decisions regarding medical inadmissibility, ensuring that information on procedures and requirements are presented in plain-language and that the decision makers and medical officers have updated training to support these changes.

The federal government has been reviewing medical inadmissibility since 2016. However these changes will likely not be the last development in this area. The Standing Committee on Citizenship and Immigration recommended the full elimination of the medical inadmissibility policy and the federal government is collaborating with the provinces and territories to make this recommendation a reality.

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The Wait Continues: Latest Developments in Delays for Canadian Immigration Applications of Iranian Students and Recent Graduates

19/4/2018

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Canada has been working hard to recruit international students and promises those who chose to study in Canada a pathway to permanent residence once they complete their studies and work in Canada for a period of time. But for one group of applicants the reality has become very different. There are currently more than 300 recent graduates or postdoctoral Iranian students in Canada that are facing longer processing times as they are told that their applications are undergoing “security screening”. The problem is so widespread that over the past month CBC, The Globe and Mail and Vice News have all published articles about the plight of more these recent graduates and postdoctoral students that are facing much longer processing times than their counterparts from other countries.

Given the track record of Iranian students for outstanding academic achievement, it comes as no surprise that there are hundreds of masters and doctorate and even postdoctoral students from Iran at universities across Canada. After spending years studying in Canada, many have become socially settled and want to remain in Canada based on the welcome that Canada extends to international students.

These students qualify for immigration under a number of different categories depending on their circumstances, and most often are eligible to apply based on their Canadian studies and work experience in the Express Entry system. According to the Immigration, Refugee and Citizenship Canada (“IRCC”) website, the current average processing time for 80% of applicants as Federal Skilled Workers or applicants under the Canadian Experience Class is 6 months. However, many Iranian applicants have waited much longer, many in excess of a year and some many years.

This is all the more frustrating for those who have been living in Canada as students for several years before submitting their immigration applications. The impact of these delays is causing great distress for these applicants and many find that their lives are on hold as they wait for the final decision from IRCC. In a recent statement, the Iranian Canadian Congress (“ICC”) found that these graduate students “are unable to make long-term plans for their lives, must pay far higher tuition fees than permanent residents, face difficulties in finding employment since their status in Canada is uncertain, and cannot commit to further studies or academic positions because these institutions require assurances that they can stay in the country”.

So what is causing these delays? The answer is “security screening” according to the Minister of Immigration, Ahmed Hussen, and the Minister of Public Safety, Ralph Goodale. Security screening and background checks are an essential part of the immigration process: before a person is granted permanent residence Canada wants to ensure that they do not have any criminal history and do not present a security threat to Canada. However, the question that remains is why screening for applicants of Iranian background is taking much longer than applicants from other countries.

This is the question that has been asked by ICC in their meeting with representatives of the the Minister of Public Safety in Ottawa last week, the Canadian Civil Liberties Association and a number of federal MPs. The only response they have received so far is that the processing times of security screening is affected by how long it takes to receive information, the volume of applications, how easily the information can be verified. Given that there are more than a thousand Iranian immigration applicants in Canada Border Services Agency's current security-check inventory, it is hard to predict how much longer these applicants will have to wait to receive their permanent residence visas and realize their dream of settling in Canada.

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New Immigrant Series: Part 2 – Your first week in Canada as a new immigrant

15/3/2018

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Last week I wrote about the first time someone enters Canada as an immigrant and the legal process to land in Canada. After you become a landed immigrant, there are a number of things you should do. If you are new to Canada and have not lived here before, everything may seem new and overwhelming. However, I hope that with the list below you will be able to plan your first week with the top 5 things you need to do in your first week in Canada as a new immigrant:

1. Apply for your Social Insurance Number
In Canada you must have a Social Insurance Number (SIN) in order to work and to receive services and benefits from the government. Each person who is a citizen or immigrant must have a SIN. You should apply for your SIN as soon as possible after you arrive in Canada. The process is easy and you will need to attend at a Service Canada Centre and provide documents to prove who your are (e.g. Your passport that you used to land in Canada) and confirm your immigration status. Since you will not yet have your PR Card (it takes several weeks for your PR Card to be mailed to you), you can use your Confirmation of Permanent Residence form that was given to you as part of your landing process to prove your status in Canada.

Your SIN is issued to you as a 9 digit number. You will need to provide your SIN number when you start to work (it is not legal for an employer to pay you without this number) and when you apply for some government services and complete your Canadian tax returns. You should protect the number and keep it in a safe place because if someone gets your SIN they can commit fraud or you could become a victim of identity theft where the person may use your information to get credit or other financial benefits in your name. To help protect your SIN never use it as a form of identification, do not write it on job applications or give it out to other people in person, by phone or in emails. If you are asked to provide your SIN by a business, always ask why they need it, how it will be used and whether it will be shared with anyone else.

2. Apply for Health Insurance in your province
Across Canada each province has its own health insurance program. In Ontario, we have the Ontario Health Insurance Plan (OHIP). OHIP pays for most basic and emergency health care services that you may need. This includes visits to the doctors, hospitals and walk-in clinics. There are exclusions as well - OHIP does not pay for the cost of medication or dental services.

Each province has its own rules for when you become eligible for their health insurance plan. In Ontario you cannot get a OHIP card until after you have lived in Ontario for 3 months (although there are some exceptions). During your first week of living in Ontario you can apply for your Ontario Health Card. However, the Health Card will be sent to you after the 3-month waiting period.

For the three month gap in coverage, I advise clients to obtain private health insurance to give them the necessary coverage if they need medical services before their OHIP coverage starts. You can contact insurance companies to obtain coverage as a new immigrant and it is best to do so before you arrive in Canada.

3. Driver's Licence
Each province in Canada issues driver's licences to residents in the province. In Ontario, you must have a valid Ontario driver's licence in order to drive. Ontario has a graduated licencing process and so the process for getting your Ontario driver's licence will depend on whether you are a new driver or if you have had a driver's licence before.

As part of the licencing process you will need to provide proof of your name, date of birth and a document with your signature – typically this can be your passport and Confirmation of Permanent Residence document. You will also need to undertake an eye exam and have your picture taken for your Ontario driver's licence. Depending on whether you had a previous driver's licence, and from where, you will be required to do a written test as well as one or two driver's tests.

If you have a driver's licence from a country that has a reciprocal agreement with Canada, such as the US or Australia, you do not need to go through the driver's licencing process and can typically exchange your foreign licence for a local Ontario licence. However, if you have a driver's licence from another country, you will need to provide specific information and documents, and depending on how long you have previously been a driver you may be able to go through the Ontario licencing process faster.

4. Open a bank account
In order to open a bank account, you will need to go into a local branch and provide original identification documents. There are five big banks in Canada: Royal Bank of Canada (RBC), Toronto-Dominion Bank (TD), Bank of Nova Scotia (Scotiabank), Bank of Montreal (BMO) and Canadian Imperial Bank of Commerce (CIBC). These banks have branches throughout Canada and for the most part provide similar services to all customers.

When you attend to open your bank account you can ask the account manager helping you to explain the difference between chequing and saving accounts, and how you can track your account activity. And do not forget to ask them to tell you about any special programs that they have for new immigrants such as free banking, free cheques or an initial credit card.

5. Get a cell phone plan
When you are buying a cell phone or selecting a service provider you should be aware of the different services available and also your rights as a consumer. There are a lot of options available but generally you will be able to choose between:
a) prepaid service – you will pay ahead each month for a certain number of minutes of airtime, number of text, and data usage.
b) postpaid service – you will be billed after your use each month, depending on how much you have used. These can also include different packages in terms of number of minutes of airtime, text messages and data usage.

You should also be aware that if you enter a two or three year contract, particularly one in which you receive a new phone, that the contract is binding and may have significant early cancellation policies. If you do not pay your monthly fees throughout the contract or pay the early cancellation fee, it can adversely affect your credit score and cause you problems when you later want to rent a house or get financing to buy a car or house. So make sure to shop around and fully understand the plan and commitments before signing up.

One final note:
You will undoubtedly have many questions in your first week and beyond about your status, the steps you must take as a new immigrant, what your rights and obligations are, and so on. My word of caution is that while you may speak with other newcomers or to family and friends who have been here for many years, you should be aware that the advice you receive from non-professionals based on their own experience may not apply to you. For example, if a family member applied for citizenship ten years ago their experience may not be very useful for you to understand what the requirements are now. Take the advice you receive from others in consideration but in important cases make sure to reach out to a professional to verify the information and advice based on the specifics of your case.

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Authors:
Zeynab Ziaie
Zahra Ziaie

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Authors: Zeynab Ziaie Zahra Ziaie

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Authors:
Zeynab Ziaie
Zahra Ziaie