Ziaie Law: News

Visiting Canada: What can I do if my visitor visa application is refused?

28/2/2019

As with any other type of visa or immigration application, there are no guarantees that everyone who applies for a visitor visa will receive one. In assessing each application, visa officers are looking to see if you are eligible and will abide by the conditions once a visitor visa is granted. While the overall number of visitor visas has increased dramatically in the past few years, the refusal rate has also increased. If your visitor visa application is refused you will undoubtedly be disappointed. But depending on the reasons for your refusal there may be options for you to pursue to change the decision or to make a new application.

1. Understanding why your application was refused
our application may be refused for a number of different reasons. Before you can make a new application you must understand the reason and make sure that this mistake can be overcome in your new application.
One of the common reasons for refusal is that the application is not detailed enough and does not contain sufficient documents to demonstrate your eligibility and your ties to your home country to demonstrate that you will leave Canada. It is the duty of applicants and their representatives to make sure that they provide a full application with documents that will convince an officer of your eligibility.

2. Mistakes can be made
Sometimes it is possible that a mistake may be made when processing your application. For example if your refusal letter states that you have no travel history but you have travelled to dozens of countries and provided proof of your travels then it is possible that the documents may have been missed when assessing your document. In such circumstances we are often able to request a reconsideration of the decision by explaining the error within a short-time after the decision is issued.

3. Appeal options
If a negative decision is made on your visitor visa application (or other temporary application such as study permit or work permit), you have the right to apply for judicial review of the decision in Federal Court in Canada. There is limited time to apply to Federal Court so you must seek legal advice as soon as possible to determine if this is the best way to proceed. In deciding whether to apply to Federal Court we look at the basis of the decision made and whether the decision was incorrect based on law or the facts.

4. Dealing with misrepresentation
If you provide incorrect information and documents in your application, whether on purpose or by mistake, your application may be refused because of misrepresentation. The consequences of a finding of misrepresentation are severe and you may be prevented from submitting a new application for a number of years. Depending on the circumstances of your case you should contact a lawyer to seek advice on the best way to respond. As you are prevented from re-applying you will need to either resolve the issue at the Visa Office by proving that there was no misrepresentation or apply to federal court if a mistake was made in determining the misrepresentation in your application.

5. How quickly can I re-apply for a visitor visa?
Your ability to re-apply will depend on the reason for your refusal. If your application was refused for misrepresentation you may be prevented from applying for up to 5 years. However, if your application was refused because you did not provide sufficient proof of ties or financial support you may be able to apply again and provide the missing documents and information. In most cases, if you reapply before there is a change in your circumstances you are likely to receive a similar response. You should allow yourself sufficient time to be able to take steps to overcome the shortcomings of your application, such as acquiring more travel history before you submit a new visa application. Therefore it is critical that you understand the reason for your refusal before you make any plans to submit a new visitor visa application.

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Visiting Canada: Understanding the Visitor Visa Process

14/2/2019

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In recognizing the economic value of tourism, Canada has increased its efforts to attract more visitors in recent years. If you are interested in visiting Canada, from exploring the natural beauty of the islands on the East Coast to whale watching on the West Coast, there is something to captivate any visitor. So how can you travel to Canada?

Unless you are a citizen of the US or a Green Card holder, in order to travel to Canada you must first apply for either an electronic Travel Authorization (eTA) or a visitor visa. A visitor is someone who is not a Canadian citizen or permanent resident but is legally authorized to enter Canada to visit as a tourist or to visit family or to conduct business.

If you are from a visa exempt country you will need to apply for an obtain an eTA before you can travel. However, if you are from a visa requiring country you must make an application for a visitor visa and satisfy the visa officer that:

You will leave Canada at the end of your stay
You have sufficient money to cover the expenses related to your trip and your return to your home country
You do not intend to work or study in Canada with your visitor visa
You have no criminal history and will not be a risk to the security of Canada

In some cases, when you submit your visitor visa application the visa officer may ask you to provide additional documents and even require you to undertake medical examinations. Almost all applicants from around the world who apply for visitor visas are also now required to provide biometrics at a local Visa Application Centre (VAC).

When we assist our clients in preparing their visitor visa applications, we provide as many documents as possible to demonstrate your eligibility and your ties to your home country to ensure the visa officer that your intention is to only visit Canada and that you will not overstay your visa.

Once approved for a visitor visa you will be issued with an official visa sticker that is affixed to your passport. And while you may request a multiple-entry or single-entry visa and indicate the dates for your planned trip, it is up to the visa officer that approves your application to determine the duration of your visa.

You are typically allowed to remain in Canada for up to 6 months when you enter Canada. Sometimes your passport may be stamped with the date of your entry but even if it is not stamped you can stay for 6 months from the date you entered Canada or until your passport expires. However, if a border services officer determines that you are only permitted to remain for a shorter period of time then they will make a notation in your passport and sometimes issue you with a visitor record that indicates the date by which you must leave Canada.

It is important to note that while the visitor visa issued to you indicates that you met the requirements at the time of application, every time you use the visitor visa to enter Canada the border services officer may assess your situation to ensure you still continue to be eligible and that you have not breached any of the conditions of a visitor visa.

It is extremely important to abide by the conditions of your visitor visa as it could impact your ability to re-enter Canada on future trips or even obtain visitor visas or other types of visas in the future. In the coming weeks I will be writing about the conditions of visitor visas, what you can do if your visitor visa application is refused and answering some of the most frequently asked questions from my clients on this topic.

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Choosing An Immigration Representative

31/1/2019

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Last week I wrote about your responsibilities when dealing with Immigration and Citizenship officials, particularly if you are dealing with them directly as a self-represented applicant. However, in many circumstances you may choose to have an representative to assist you with your immigration or citizenship matter.

The Canadian immigration and citizenship system is complicated and constantly changing. Each case is unique and the way in which laws and regulations apply to your case may be different than the case of other family members or friends. The difficulties in immigration applications are compounded by the fact that most applicants are not native English speakers. Unfortunately, there are many instances of fraud and scams that are perpetuated against those interested in coming to Canada either on a temporary basis as visitors, students or workers, or those interested in becoming immigrants.

Therefore, choosing a representative that can advise you and represent you competently is one of the most important decisions you can make in helping you navigate the immigration system and preventing mistakes that can lead to delays or the refusal of your application. Having a professional that is legally permitted to represent will mean that the representative has to meet regulatory requirements with regards to competence and ethics and if there are any problems you may have recourse to follow up your case.

Who Can Legally Represent
Any person that receives compensation from you in exchange for providing you with immigration advice or assisting you with your application must be declared in your immigration application as a “Paid Representative”. There are a limited group of professionals that are legally permitted to advise you in immigration matters and to prepare and submit applications on your behalf to Immigration, Refugees and Citizenship Canada (IRCC). These professionals are:

Lawyers who are members of the law societies in the provinces of Canada (and licenced notaries in the province of Quebec)
Immigration consultants that are members of the Immigration Consultants of Canada Regulatory Council (ICCRC)
In some instances, licenced Paralegals that are members of the Ontario law society

Canadian lawyers are permitted to represent you in all immigration matters including all levels of court and all types of immigration and citizenship applications. Immigration Consultants and licenced paralegals may also represent you in most immigration matters excluding appeals before the federal court of Canada. You can check whether a professional is licenced and is permitted to practice in one of these categories by checking the relevant website (in Ontario: www.lsuc.on.ca/find-a-lawyer-or-paralegal or www.iccrc-crcic.ca).

No other person or entity is permitted to represent immigrants or provide immigration related advice. There are unfortunately individuals and businesses that claim to provide immigration services without any of the safeguards that are in place for lawyers and immigration consultants. For example, unauthorized representatives (also referred to as “ghost consultants”) submit applications with your own name and contact information, without any mention of their role in preparing your application.

I have seen countless cases where ghost representatives have provided false information and even fraudulent documents resulting in refusals and findings of misrepresentation for their innocent clients. You should be aware that you are always responsible for all information and documents submitted to IRCC on your behalf and choosing a representative that is competent and ethical can make all the difference.

5 Tips In Choosing Your Immigration Representative

Ask for recommendations and check online reviews – before choosing a representative try to get recommendations from people that you trust. You can also try to search the name of the potential representatives online to see if there are any online reviews or information from past clients.
Ask about the representatives credentials and experience – when meeting with potential representatives make sure to ask about their credentials and specific experience in dealing with similar cases.
Discuss the services they will provide and negotiate the legal fee – make sure to understand what the process will include and the services that will be provided (as well as those that are excluded). You should also discuss the legal and government fees involved in your application upfront to avoid misunderstandings during the process.
Have a written contract with your representative – make sure to get the details of the services and fees in a written contract from your representative. Keep the signed contract in a safe place and if it includes milestones for the services to be provided make sure that you refer to it regularly to ensure that your application is proceeding as scheduled.
Protect yourself from fraud by choosing a representative that will represent you ethically – be weary if a representative invites you to take shortcuts as promises that sound too good too be true often are impossible to fulfil. Further you should never agree to provide false documents or information to IRCC as it is against the law and can result in you being denied entry to Canada.

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Details Unveiled for 2019’s Parent and Grandparent Sponsorship Program

17/1/2019

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The wait is over and Immigration, Refugees and Citizenship Canada (IRCC) has finally released details of the much-anticipated reopening of the Parent and Grandparent Sponsorship (PGP) program for 2019.

One of the ways in which Canadian permanent residents and citizens can be reunited with their parents or grandparents permanently in Canada is through the PGP sponsorship program. IRCC has announced a quota of 20,000 PGP applications for 2019, double the quota of previous years. More importantly there are significant changes in the way you can submit an application in 2019. In the past two years the PGP has operated on a lottery basis but a new, first-come basis system is going to be used in 2019. In previous years up to 100,000 families registered for the lottery so I expect that there will a lot more families interested in applying than 20,000 and if you plan to submit an application you must prepare quickly and carefully.

Registration Process
Registration is set to open on 28 January 2019 at noon Eastern Standard Time. Registration will be online and you will be submitting an “interest to sponsor” form. The process will require information about yourself, your parents or grandparents and most importantly your income and information about your family unit. Your eligibility to sponsor is based on you having sufficient income in your last three years of income based on your family size and the number of people you are sponsoring. You should also note that the PGP is only for those who are living in Canada to sponsor their parents or grandparents and cannot be used if you are a permanent residents or citizens living outside of Canada.

You may submit your online registration yourself or retain a lawyer to undertake the process for you. If you are registering yourself make sure you do not submit duplicate entries as these will be removed from the system. The system will likely be overrun with requests on the first day, nevertheless, I highly recommend that you try to submit your application on the first day.

Confirmation Number
After you successfully submit the interest to sponsor form you will be given a “confirmation number”. The system should also send an email to the email address that you provide to confirm your registration. In the weeks after the registration you should be on the lookout to receive an email from IRCC if you are one of the first 20,000 registrants and are invited to submit a complete application.

Submitting a Complete Application
If you are lucky enough to receive an invitation to submit your sponsorship application you will have a short window in which to gather all of your documents, complete all the forms and submit the complete submission application along with the necessary application fees (determined by the number of people you are sponsoring). These include key documents such as identity documents for yourself and your parents and grandparents, your proof of income, and original police clearances for your parents and grandparents. Any documents that are not in English or French must be officially translated as per the requirements of IRCC.

The deadline for submission of your complete application is a strict deadline and extensions are not granted. Furthermore, it is critical that your application is complete and includes all the information and requested documents, including any country-specific documents. If you make a mistake or a document is missing, your complete application may be returned to you and you will not be able to resubmit the application in 2019.

Determining Eligibility
Are you sure that you qualify to sponsor your parents? Do your parents have young dependent children that may be eligible to join your parents? Has your family size changed in the past three years and you are unsure of how much income you need to sponsor? The good news is that you still have time to contact an experienced immigration lawyer to assess your situation and ensure that you are eligible to apply before the registration begins on 28 January 2019.

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Medical Inadmissibility

6/12/2018

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If you wish to immigrate to Canada, and in some cases if you are applying for a temporary visa, you must undergo a medical examination. The purpose of immigration medical examinations is to determine that you do not cause a danger to public health and that you do not have a medical condition that may be excessively costly to treat when you arrive in Canada.

Grounds for Medical Inadmissibility
Immigration medical examinations are carried out by designated physicians and Immigration, Refugee and Citizenship Canada (“IRCC”) has a list of physicians that can assist you in countries around the world. The medical examination is a standard physical exam and includes a series of tests (blood and urine) and x-rays. You will also be asked about your prior medical history and your mental state as part of the examination. The results of these examinations are extremely important as you may be found inadmissible to Canada if:
1) your condition would endanger the health or safety of the Canadian population at large, or
2) your condition may cause excessive demand on existing social or health services provided by the government.

An example of a medical condition that may make you inadmissible under the first category is Active Pulmonary Tuberculosis (TB). There are also other conditions that can make you inadmissible under this category such as suffering from a variety of brain disorders or applicants who have substance abuse issues that cause them to behave antisocially or in a violent manner, and other types of hostile and disruptive behaviour.

In the second category, you may be found inadmissible if your condition requires government–funded health services such as specialists, nurses, physiotherapists, laboratory services, medications or hospital care, as well as social services such as specialized residence or home care, social rehabilitative services, personal support services, and services intended to assist a person in their physical, emotional, social, psychological or vocational function. If the anticipated costs for these services are found to exceed the Canadian per capita health services and social services costs over a 5 to 10 year period, then the immigration officer may find you inadmissible due to excessive demand.

Recent Changes to Excessive Demand
Many believed that Canada's excessive demand rules were outdated and asked for recognition of the discriminatory nature of this provision on people with disabilities. The good news is that Canada increased the threshold for “excessive demand” significantly effective on 1 June 2018.

Under the old provisions, approximately 1,000 applicants are denied immigration to Canada each year 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 threshold for excessive demand is now $19,965 per year (based on 2017 figures) and no longer includes costs associated with special education, social and vocational rehabilitation services and personal support services that an applicant may need in Canada.

Can you overcome medical inadmissibility?
An immigration officer that is of the opinion you may be medically inadmissible will issue a “Procedural Fairness Letter” to you. This letter will provide you with an opportunity to respond to the allegation of medical inadmissibility within 60 days.

Medical inadmissibility cases are very complicated and many medical and even psychological conditions can lead to your immigration application being refused. It is very important to act quickly and receive legal advice as soon as possible. You are most likely to overcome medical inadmissibility if you can provide a response to the Procedural Fairness Letter that is fully researched and supported by specialized documents and legal arguments. If your application is refused due to medical inadmissibility a lawyer may also assist you in appealing the decision.

In some cases you can act proactively to increase your chances of avoiding medical inadmissibility. If you suspect that there may be medical concerns for yourself or any family member included in your application you can consult a specialized lawyer to determine the best way to proceed with your immigration application to avoid a finding of medical inadmissibility.

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Business Pathways: Buying or Setting Up a Business in Canada

27/9/2018

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An entrepreneur is a person who organizes and operates a business, taking on financial risks in the hope of profit. Entrepreneurs are an important part the fabric of Canada's economy, creating and growing businesses that, at the very least, provide us with products and services and create employment.

Until 2014, Canada had a federal “Entrepreneur” immigration program that granted permanent residence to applicants on the condition that after immigrating they would buy or set up a business in Canada. There were great benefits from the businesses created under the program but monitoring the businesses was very difficult and it often took up to 5 or 6 years for applications to be approved.

However, the demand for those wanting to buy or set up a business in Canada has not changed since the program was cancelled. I am approached regularly by applicants, often business owners and managers, who want to relocate their business or buy a business in Canada because of the market opportunities they have identified in Canada. The good news is that there are visa and immigration options available for those interested in buying or setting up a business in Canada.

Under certain conditions you may qualify to obtain a work permit to buy or set up a business in Canada. The first step is that you must find an acceptable, active business opportunity. There is no list of “acceptable” businesses but the business should be a genuine business, it should be financially viable and it should be logical that given your experience and training you will be able to manage the business when you obtain your work permit. The minimum investment required for the business will be determined on a case by case basis depending on factors such as the type of business you are acquiring, the investment required to achieve the business goals, and where the business is located.

As with any other business transaction you will need a team of experts to assist you in your purchase of the business including a business lawyer to negotiate and finalize the business purchase agreements, you may require a real estate lawyer if there is a property that is part of the business, and you should also have an accountant to review the financial documents of the business and advise with regards to tax planning and related matters.

After you have the business in place and the necessary approvals, the final and critical step is to obtain a work visa to work for your own business. While you may own shares of a business in Canada without a work permit or being a permanent resident, you cannot work for the company until you have a work visa. The application for your work visa is extremely important as the officer will carefully review your application to determine if you will be able to manage the business in Canada. Further, since a work visa is a temporary visa, the officer will look at important factors such as your ties to your home country and your financial ability to pay for your investment in determining whether you will receive a work visa.

Once you receive your work visa you will be able to work in Canada for your own business, managing its day-to-day operations. It is important to note that a work visa is temporary (even though there are options to renew it) and if you are interested in applying for permanent residence later you should make clear plans from the beginning of the process to ensure that the path you choose will be suitable. The requirements for a work visa are different from those required to qualify for immigration. You should seek advice from an experienced immigration lawyer to determine your eligibility for both immigration (based on factors such as your age, education, language ability) as well as a work visa.

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La Belle Province – Quebec's Business Immigration Categories

13/9/2018

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Quebec is the second-most populous province in Canada and with its predominantly French-speaking population it has a unique relationship with the federal government. Therefore Quebec was able to negotiate the Quebec-Canada Accord, signed in 1991, that gives Quebec the power to select the immigrants to settle in the province. Quebec has used this power to design its own immigration programs and currently has some of the most robust business immigration programs in Canada.

Below is the summary of the latest details about the three main business immigration programs in the province of Quebec. It should be noted that since Quebec is a predominately French the province has greater opportunities for French speaking applicants that wish to settle in Quebec.

Quebec Immigrant Investor Program

Canada does not have any immigrant investment program where buying a property will grant you permanent residence or citizenship. However, Quebec's Immigrant Investor Program (“QIIP”) is the last standing program that allows investors that want to settle in Quebec to obtain permanent residence by making a direct investment with the government of Quebec.

To qualify under the QIIP, applicants must:

Show they have legitimately acquired a personal net-worth of at least $2,000,000
Have at least two years of senior managerial experience within the past five years
Commit to making an interest free investment $1,200,000 in a prescribed government-guaranteed investment for a period of five years (or finance this amount using an approved Canadian bank)
Show an intention to settle in the province of Quebec.

The QIIP has a quota for each intake period. For the current intake period that started on 10 September 2018 the quota is 1,900 applicants. The QIIP has been extremely popular with Chinese applicants therefore a maximum of 1235 Chinese nationals may submit applications (representing 65% of the quota) and applications from other countries will make up the remainder of the quota. This quota does not apply to French-speaking applicant who can apply irrespective of the quota.

There are a lot of misconceptions surrounding business immigration and particularly programs such as the QIIP. Unlike some other countries that have Citizenship investor programs, the QIIP only leads to permanent residence for applicants that are successful. Catchy article headlines often incorrectly raise concerns that that applicants under the investor program “buy” Canadian citizenship. This is incorrect, particularly given the complex and meticulous process that applicants have to go through to be approved and the level of documentation required from investor applicants to demonstrate their management experience and the legal accumulation of their assets. Just ask any applicant about the binders, and sometimes boxes, of documents they have provided in support of their application. Most importantly applicants under the investor program receive permanent residence and do not have a shortcut to Canadian citizenship and must adhere to the same residency obligations as all other immigrants and meet the eligibility requirements to become Canadian citizens.

Entrepreneur Program
This program is for applicants that want to use their entrepreneurial experience to set up or manage a business in Quebec. To qualify under Quebec's entrepreneur program applicants must:

Show they have legitimately acquired a personal net-worth of at least CA$300,000
Have at least two years of full-time management experience within the past five years in a business and must own at least 25% of the shares of the business
Commit to either create or acquire a business in Quebec for at least $100,000 representing at least 25% of the business and manage the business on a day-to-day basis
Quota for this program is currently at 60 applicants

In considering your application, in addition to assessing the business you will be managing, other factors such as your age, education, language skills and knowledge of Quebec will be considered.

Self-Employed Program
This program is for those who are self-employed, often on a smaller scale than an entrepreneur, and wish to continue similar work in Quebec. This is different from the Federal Self-Employed program that is geared towards athletes and those engaged in cultural activities. To qualify under Quebec's self-employed program applicants must:

Show they have legitimately acquired a personal net-worth of at least CA$100,000
Have at least two years of full-time experience within the past five years in a practice or profession outside of Canada that they want to continue in Quebec
Come to Quebec to create their own job (become self-employed) by practicing a profession or business activity
Make a start-up deposit at a financial institution in Quebec ($25,000 or $50,000 depending on the region you will settle in)
Quota for this program is currently at 50 applicants

In considering your application, in addition to assessing your experience and the proposal that you have for your work in Quebec, other factors such as your age, education, language skills and knowledge of Quebec will be considered. The start-up deposit will be returned to you if and when you create the job you outlined in your application.

While all three of these programs can lead to permanent residence, the entrepreneur program is different because there will be a condition on your permanent residence: under this program there will be a condition that you must set up the business you committed to within the first three years of becoming a permanent resident of Canada. And irrespective of the path you take to permanent residence you will face the same laws and regulations with regards to your residency obligation (maintaining your permanent residence) and applying to become a Canadian citizen.

These are the latest regulations with regards to Quebec's three business programs and reflect changes announced this past summer. Given the limited quotas under each stream I predict that the processing of these applications will be fairly quick, but this also means that you should act fast. If you are interested in one of these programs speak with a specialized immigration lawyer as soon as possible to determine your eligibility.

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Immigration Pathways For Business Owners and Managers

6/9/2018

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As a country built on immigration, Canada has been attracting entrepreneurs and investors from the start of its immigration story. Many of those initial entrepreneurs helped shape the early history of the country that we know today. In more modern times, Canada has adopted various business immigration programs since 1978 to attract entrepreneurs and investors and these programs have evolved over the past four decades.

The needs of entrepreneurs and investors are often different from those of other immigrants and these present a set of unique challenges for Canada's politicians and policymakers. Canada wants to select applicants who have a proven track record of success but is past performance the most important determinant of future success? Can a successful entrepreneur or investor that has spent a decade (or several decades) working outside of Canada replicate the same success in Canada? Setting up a new business in a new country can be a difficult task. You need access to local knowledge and networks, not to mention the local language. And will a successful entrepreneur want to stay in Canada and give up all that he or she has built outside of Canada.

The challenge for Canada's immigration system is to find the right balance between attracting successful entrepreneurs and making sure that the applicants that apply can and will stay in Canada to bring their knowledge, expertise and resources to Canada. And this is a serious challenge as demonstrated by the recent history of business immigration to Canada. Canada closed its long standing federal entrepreneur immigration program and investor immigration in 2014. The two programs that have since been introduced by the federal government (the Immigrant Investor Venture Capital Pilot Program and the Start Up Program) have received only a couple of hundred applications in the past five years.

At the provincial level, with the exception of the province of Quebec that still has an immigrant investor program, applicants can only apply under entrepreneur programs. As the population of many provinces continue to decline, there is a heightened need for provinces to retain newcomers. Therefore these entrepreneur programs have evolved into a two-step process where applicants must first spend time in the province (at least 1-2 years) and demonstrate that they can be successful entrepreneurs (set up and manage their own business with a minimum investment of $150,000 to $200,000) in Canada before they are able to apply for permanent residence. This new approach helps alleviate some of the concerns about the ability to choose applicants who will be able to replicate their success in Canada and remain in Canada.

So what are the options available to entrepreneurs and investors looking to relocate to Canada? Next week I will begin to review the current programs available, their eligibility requirements and how you can best prepare yourself to become a successful entrepreneur.

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International Students Part 5 – Pathways to Permanent Residence Continued

23/8/2018

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Sometimes it feels like Canada's regulations and programs for Permanent Resident change on a weekly basis. In truth there are more than a dozen programs available at both the federal and provincial level and these programs are constantly changing and evolving. The answer to whether you qualify for permanent residence in Canada may change from month to month and is wholly dependent upon your individual circumstances. Therefore, it is impossible to summarize all the possible pathways to permanent residence but below are the highlights of the main programs currently available for skilled workers.

Canadian Experience Class (CEC)
You may qualify to apply for PR under CEC if:

You have strong English or French Skills
Have at least one year of Canadian work experience at a skilled or managerial level

This program is managed through the Express Entry system and therefore the applicants with the most points will qualify and be selected from the Express Entry pool. There is no specific requirement for a post-secondary degree or to have a job offer but these can increase your points and thereby increase your chance of having a successful CEC application.

Federal Skilled Worker Class (FSW)
You may qualify to apply for PR under the FSW class if:

You have strong English or French Skills
Have at least one year full-time experience at a skilled or managerial level
Have completed at least secondary education

Again this program is managed through the Express Entry system and the higher your points the more likely you are to be successful. Given the minimum scores that have been selected over the past year, applicants who are younger, have extremely good language skills and have either worked or studied in Canada are the most likely to succeed in this category.

Federal Skilled Trades Class (FST)
You may qualify to apply for PR under the FST class if:

You have strong English or French Skills
Have at least 2 years full-time experience in a skilled trade in the past 5 years
You have an offer of employment for at least one year OR a certificate of qualification in that skilled trade issued in Canada

Similar to the FSW and CEC this program is managed through the Express Entry system and the higher your points the more likely you are to be successful.

Provincial Nominee Program
There are numerous programs to attract skilled worker in each province, and the province of Quebec has its own specific program for permanent residents. While the requirements of each of these programs differ they often require strong language skills as well as a connection to the province such as having completed studies there or having a job offer from a local employer.

Atlantic Immigration Pilot
The Atlantic Immigration Pilot (AIP) is a partnership between the Government of Canada and the four Atlantic provinces (New Brunswick, Newfoundland and Labrador, Nova Scotia and Prince Edward Island) and the aim of the AIP is to attract and retain talent in these provinces by offering a faster path to permanent residence.

The AIP allows employers in these provinces to hire qualified candidates for jobs that they have not been able to fill locally. In order to qualify you must have a job offer from a local employer and fall under one of the three programs: High-skilled Program, Intermediate-skilled Program and International Graduate Program (for those who have studied in one of the provinces).

Each step that you take will impact your ability to qualify under any of these programs in the future. Therefore if you are interested in planning out your pathway to permanent residence you should speak with an experienced immigration lawyer as soon as possible.

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International Students Part 4 – Pathways to permanent residence for international students

16/8/2018

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Over the past few weeks I have written about the options available for students who choose to study in Canada as international students. What happens when you complete your studies? Do you have any option for working or becoming a permanent resident in Canada? The good news is that in many cases, depending on your circumstances, the answer to these questions is yes and you may be able to work and go on to become a permanent resident of Canada.

Canada's immigration policy has shifted from attracting and processing skilled worker applicants from outside of Canada to encouraging international students and foreign workers already in Canada to apply for permanent residence. These candidates have already spent time in Canada, having studied or gained Canadian work experience, which so often is a barrier for the successful establishment of new immigrants to Canada. Therefore, after you complete your studies in Canada there are a number of different programs that may put you on a pathway to Canadian permanent residence.

Post-graduate work permit
After you graduate, you may be able to work temporarily, depending on where, what program and how long you studied. To work in Canada after you graduate, you need a work permit. The work experience you gain while working may help you qualify for permanent residence.

If you graduated from a designated learning institution, you may be eligible to apply for a post-graduation work permit (PGWP). Not all designated learning institutions make you eligible for a post-graduation work permit and therefore you must be careful in choosing where you study and the program you will enrol in.

To get a post-graduation work permit, you must:

be 18 or older when you apply
have continuously studied full-time in Canada in a study program at least eight months long
have a document from your school (transcript, official letter, certificate, etc.) that confirms you completed and passed all your program requirements
have graduated from a:
public post-secondary school, such as a college, trade/technical school or university, or CEGEP in Quebec or
private post-secondary school that operates under the same rules as public schools (currently applies only to certain private post-secondary institutions in Quebec) or
private secondary or post-secondary school (in Quebec) that offers qualifying programs of 900 hours or longer, leading to a diplôme d’études professionnelles (DEP) or an attestation de spécialisation professionnelle (ASP) or
Canadian private school that can legally award degrees under provincial law (for example, Bachelors, Masters or Doctorate degree) but only if you are enrolled in a study programs leading to a degree as authorized by the province
apply for a work permit within 90 days of when it was confirmed that you completed your program and
have a valid study permit when you apply for the work permit.
If your program of study was less than eight months long or you studied for more than eight months but not continuously (for example, you took a semester off), or if you completed a study program by distance learning either from abroad or from within Canada you will not be eligible to obtain a PGWP. Also, recipients of certain scholarships, such as the Canadian Commonwealth Scholarship Program, are not eligible for the PGWP. Finally, the PGWP is a one-time opportunity: if you have already had a post-graduation work permit following any other program of study you will not be eligible to receive a second PGWP.

With a PGWP you will be able to work legally in Canada for the duration of your work permit. Any employer that wants to hire you will not need to go through the bureaucratic process of demonstrating why they need to hire a non-Canadian employee. And most importantly you will build up your work experience to help you in qualifying for one of Canada's immigration programs such as the Canada Experience Class, Federal Skilled Worker Program or one of the Provincial Nominee Programs. Therefore, it is extremely important that you ensure that your program of study qualifies you to receive a PGWP and that you apply in time and meet all the conditions in order to successfully obtain a PGWP if you wish to embark on a possible path to Canadian permanent residence.

What happens after you complete your studies and gain Canadian work experience? Next week I will be writing about the latest eligibility requirements of these pathways to permanent residence.

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Zeynab Ziaie
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Authors:
Zeynab Ziaie
Zahra Ziaie