ZIAIE PC, Barristers and Solicitors
  • LAWYERS
  • PRACTICE AREAS
  • NEWS
  • CONTACT US

NEWS

Latest Developments

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

28/2/2019

0 Comments

 
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.
​
0 Comments

Visiting Canada: Top 5 Questions from Visitors to Canada

21/2/2019

0 Comments

 
I wrote last week about the requirements to qualify for a visitor visa and the application process. Visitors to Canada include tourists, those coming to visit family members as well as business visitors, all of whom receive with the same “visitor visa”. Being new to the Canadian legal system many visitors have questions about what they can do as visitors in Canada and the limitations on their visas. While each case is unique, below are the top 5 questions I am frequently asked by visitors to Canada.


1- Should I buy travel insurance? YES! One of the key criteria in assessing your visitor visa application is your financial ability (as well as the ability of any person inviting you) to pay any expenses related to your trip. This is because visitors are not permitted to use public services in Canada such as free health care. As a visitor to Canada you will not be covered by the public health insurance system and must either have private health coverage or pay for the medical coverage you receive from a doctor or hospital. You should look into getting emergency travel insurance and speak with an experienced insurance broker in Canada to find the best possible insurance plan before you travel to Canada.


2- How long can I remain in Canada with a visitor visa? Typically when you enter Canada you will be allowed to remain for up to 6 months. In some circumstances, if the officer at the border determines that you should leave Canada before 6 months he or she may determine an earlier departure date. If they require you to leave earlier than 6 months the departure date will be written on the Canada date stamp in your passport.


If you need to remain in Canada beyond 6 months, we may be able to apply to extend your stay. We will need to prove why you need to remain longer and also that you have the financial resources to cover any expenses in the remaining time you will be in Canada. It is very important to carefully keep track of the dates that you travel to Canada and ensure that you depart before the end of your visa. Remaining beyond the validity of your visa may make you inadmissible for future entry or in future applications for visas or permanent residence. In instances where someone has overstayed their visa and lost their legal status they should consult an experienced lawyer immediately to find out how they can restore their status. It will be crucial to act quickly because the window of opportunity to restore your legal status is very limited and once it is gone things will undoubtedly become much more complicated.


I am sometimes asked if it is possible to get around the 6 month deadline by exiting Canada and re-entering Canada a few days or weeks later if you hold a multiple entry visitor visa. While there is nothing in the Immigration laws and regulations that prevents a person from re-entering with a visitor visa you should be mindful that every time you enter Canada your eligibility is checked and reaffirmed by the border officer. You must be able to convince the officer as to the purpose of your trip, your ability to support yourself and that you are a genuine visitor and not someone who is living in Canada with a visitor visa. The border officer can ask to see proof of your ongoing eligibility as a visitor and will likely do so if your pattern of travel gives rise to a suspicion that you are not visiting for a short period but rather intending to effectively live in Canada.


3- Can I study or work while I am in Canada with a visitor visa? NO! When you receive a visitor visa you are only allowed to visit and cannot study or work in Canada. Visitor visas are intended for those who are traveling to Canada for a short period of time and are not intended for someone who wants to remain in Canada for long periods of time. As such you are not permitted to study or work with a visitor visa. The only exemption to this rule is if you want to participate in a short-term course of study that is less than 6 months in duration. In such a case you do not require a study permit and can participate in the course with your visitor visa.


A continuation of this question is: can I turn my visitor visa to a study visa or work visa? There is no automatic mechanism to convert a visitor visa to a study or work visa. In order to obtain either a study or work visa you will need to meet all the requirements for those visas (e.g. have an acceptance from a college or university or have a valid job offer from a Canadian employer) and generally need to apply for the visa from outside of Canada. If you are from a country that requires fingerprints, you will need to travel outside of Canada to provide your fingerprints (even if you previously provided fingerprints as part of your visitor visa application).


4- Can my visitor visa become a permanent residence status if I buy a house, have a child born in Canada or live here for a period of time? NO! In order to become a permanent resident you have to meet the criteria for one of the immigration programs in Canada. There are no limitations on who can buy property in Canada, although some areas such as Ontario and British Columbia now have additional taxes for non-residents due to the perceived effect of foreign buyers on rising home prices. However, Canada does not grant permanent residence to anyone who chooses to buy property in Canada. It is also true that Canada generally grants citizenship to children born in Canada, irrespective of their parents' visa status. However, the grant of citizenship to a child does not bring any additional rights for other family members to remain in Canada or qualify for permanent residence.


A modified version of this question is: Can my visitor visa status become a work permit if I set up or purchase a business in Canada? In some cases, the answer may be yes depending on your circumstances, your prior experience that would be of benefit in developing the business in Canada and how that business can benefit Canada. It is important to note that if you are able to do this you will obtain a work permit and if you wish to remain in Canada permanently you will still need to qualify under one of Canada's immigration programs.


5- What are your options for becoming a permanent residence? The answer depends on your unique circumstances and whether you are able to meet the requirements of one of Canada's current immigration programs. These programs include, but are not limited to: the Federal Skilled Worker Program, Federal Skilled Trades Program, Canadian Experience Class, Start-up Visa Program, Self-employed Program, Caregiver Classes, Provincial Nominee Programs or Quebec Selected Immigrant. Each of these programs has different requirements in terms of education, experience, language ability and so on that you must meet in order to qualify.


And remember while a permanent residence application is separate from your visitor application, the information you provided in your visitor visa application is part of your immigration record. If you “simplified” information or chose not to provide certain information as part of your visitor visa application, such as not declaring your education, work history or family members, then you may be at risk of a finding of misrepresentation. A finding of misrepresentation can lead to the canceling of your visitor visa, removal from Canada and a ban on you being able to submit an application for visa or permanent residence for a number of years. You should consult with an experienced immigration lawyer to assess your situation and determine the steps you need to take to rectify any mistakes that may have been previously made.
​
0 Comments

Visiting Canada: Understanding the Visitor Visa Process

14/2/2019

0 Comments

 
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:
  1. You will leave Canada at the end of your stay
  2. You have sufficient money to cover the expenses related to your trip and your return to your home country
  3. You do not intend to work or study in Canada with your visitor visa
  4. 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.
​
0 Comments

Canada's Immigration Developments in 2018

27/12/2018

1 Comment

 
The Minister of Immigration, Refugees and Citizenship, Ahmed Hussen , has had a busy year and 2018 has been filled with changes in Canada’s immigration programs including some positive developments that increase opportunities for applicants to apply for immigration and more easily maneuver the immigration system.


1) Canada Immigration Plan for 2019 to 2021 revealed – Canada is projected to admit more than a million new permanent residents over the next three years. The majority of these newcomers will be admitted under the economic classes, including federal and provincial programs. It is possible that the increased quota for newcomers under the economic programs may have downward pressure on the points under which applicants may be successful under the Express Entry system.


2) Expansion of Biometrics Program – Canada began rolling out its Biometrics program in 2013 but 2018 saw the expansion of the program to require biometrics from those who are applying for permanent residence visas as well as those who are applying for temporary visas. As a result of the expansion, most foreign nationals between the ages of 14 and 79 seeking either temporary or permanent residence to Canada have to provide biometrics data. For now, there are some exceptions, the biggest being for US citizens who wish to travel to Canada for work or study. The good news as part of the expansion is that biometric data will now be valid for 10 years from the date given and applicants do not need to provide biometrics with each application as long as their biometrics are valid during the 10 year period.


3) Increased Parent Sponsorship Quota – In August 2018 Canada announced an increase in the quota for the parent and grandparent sponsorship program from 10,000 to 20,000 in 2019. Unfortunately, the government has not yet released details for the 2019 program. But the good news is that the limited quotas of the past few years have allowed Canada to greatly reduce the backlog from a high of 167,000 applicants in 2011 to just about 25,000 in 2018. This will hopefully mean that application submitted in 2018 and 2019 should be processed faster than in previous years.


4) USMCA, the new “NAFTA” – In September Canada, US and Mexico finally agreed on the USMCA, the replacement agreement for NAFTA. While there were no significant changes to the temporary foreign worker provisions and professional work permits, it helps to settle the uncertainty that businesses faced when the future of NAFTA was up in the air and should aid businesses in continuing with cross-border trade and investment.


5) New DUI legislation will impact potential immigrants and permanent residents – New legislation came into effect on December 18, 2018 that increased the maximum sentence for those convicted of impaired driving from 5 to 10 years. This means that convictions for driving under the influence (DUI), whether from use of alcohol or drugs, will be guilty of “serious criminality” under Canada’s Immigration and Refugee Protection Act. For those who are foreign nationals with a conviction for DUI and want to travel or immigrate to Canada, they will now face additional criminal inadmissibility challenges. Furthermore, permanent residents who are convicted of a DUI, either in Canada or outside of Canada, will now be at risk of losing their permanent residence and being deported from Canada.


Immigration has been a big topic in the news for much of the past year, especially discussions around the future of immigration for Canada. The discussions are often heated and there is little distinction made between different types of immigration. With the federal general election scheduled for Fall 2019 we will all be watching with great interest to see how the government will handle immigration matters and the choice Canadians will make to shape the future of Canadian immigration in the next election.
1 Comment

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

26/7/2018

0 Comments

 
Picture
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.


Picture
0 Comments

Top Five Questions from Visitors to Canada

12/7/2018

0 Comments

 
Picture
Schools are closed summer and the weather is warm making July and August the busiest months in Canada for tourists visiting from around the world. From visiting the historic sights in Montreal and Ottawa to trekking through the breathtaking natural landscapes in Alberta and British Columbia, climbing to the top of the CN Tower and of course visiting Niagara Falls there is something to see and do for everyone.

If you are travelling to Canada during the summer as tourists or want to spend time visiting family members in Canada you will need authorization to enter Canada. US citizens and greencard holders do not need visas and can enter Canada by presenting their US documents. However, nationals of all other countries must either have a “visitor visa” or an “eTA” (an electronic Travel Authorization issued to those coming to Canada from visa exempt countries).

Being new to the Canadian legal system many visitors have questions about what they can do as visitors in Canada and the limitations on their visas. While each case is unique, below are the top 5 questions I am frequently asked by visitors to Canada.

1- Should I buy travel insurance? YES! One of the key criteria in assessing your visitor visa application is your financial ability (as well as the ability of any person inviting you) to pay any expenses related to your trip. This is because visitors are not permitted to use public services in Canada such as free health care. As a visitor to Canada you will not be covered by the public health insurance system and must either have private health coverage or pay for the medical coverage you receive from a doctor or hospital. You should look into getting emergency travel insurance and speak with an experienced insurance broker in Canada to find the best possible insurance plan before you travel to Canada.

2- How long can I remain in Canada with a visitor visa? Typically when you enter Canada you will be allowed to remain for up to 6 months. In some circumstances, if the officer at the border determines that you should leave Canada before 6 months he or she may determine an earlier departure date. If they require you to leave earlier than 6 months the departure date will be written on the Canada date stamp in your passport.

If you need to remain in Canada beyond 6 months, we may be able to apply to extend your stay. We will need to prove why you need to remain longer and also that you have the financial resources to cover any expenses in the remaining time you will be in Canada. It is very important to carefully keep track of the dates that you travel to Canada and ensure that you depart before the end of your visa. Remaining beyond the validity of your visa may make you inadmissible for future entry or in future applications for visas or permanent residence. In instances where someone has overstayed their visa and lost their legal status they should consult an experienced lawyer immediately to find out how they can restore their status. It will be crucial to act quickly because the window of opportunity to restore your legal status is very limited and once it is gone things will undoubtedly become much more complicated.


I am sometimes asked if it is possible to get around the 6 month deadline by exiting Canada and re-entering Canada a few days or weeks later if you hold a multiple entry visitor visa. While there is nothing in the Immigration laws and regulations that prevents a person from re-entering with a visitor visa you should be mindful that every time you enter Canada your eligibility is checked and reaffirmed by the border officer. You must be able to convince the officer as to the purpose of your trip, your ability to support yourself and that you are a genuine visitor and not someone who is living in Canada with a visitor visa. The border officer can ask to see proof of your ongoing eligibility as a visitor and will likely do so if your pattern of travel gives rise to a suspicion that you are not visiting for a short period but rather intending to effectively live in Canada.

3- Can study or work while I am in Canada with a visitor visa? NO! When you receive a visitor visa you are only allowed to visit and cannot study or work in Canada. Visitor visas are intended for those who are traveling to Canada for a short period of time and are not intended for someone who wants to remain in Canada for long periods of time. As such you are not permitted to study or work with a visitor visa. The only exemption to this rule is if you want to participate in a short-term course of study that is less than 6 months in duration. In such a case you do not require a study permit and can participate in the course with your visitor visa.

A continuation of this question is: can I turn my visitor visa to a study visa or work visa? There is no automatic mechanism to convert a visitor visa to a study or work visa. In order to obtain either a study or work visa you will need to meet all the requirements for those visas (e.g. have an acceptance from a college or university or have a valid job offer from a Canadian employer) and generally need to apply for the visa from outside of Canada. If you are from a country that requires fingerprints, you will need to travel outside of Canada to provide your fingerprints (even if you previously provided fingerprints as part of your visitor visa application).


4- Can my visitor visa become a permanent residence status if I buy a house, have a child born in Canada or live here for a period of time? NO! In order to become a permanent resident you have to meet the criteria for one of the immigration programs in Canada. There are no limitations on who can buy property in Canada, although some areas such as Ontario and British Columbia now have additional taxes for non-residents due to the perceived effect of foreign buyers on rising home prices. However, Canada does not grant permanent residence to anyone who chooses to buy property in Canada. It is also true that Canada generally grants citizenship to children born in Canada, irrespective of their parents' visa status. However, the grant of citizenship to a child does not bring any additional rights for other family members to remain in Canada or qualify for permanent residence.

A modified version of this question is: Can my visitor visa status become a work permit if I set up or purchase a business in Canada? In some cases, the answer may be yes depending on your circumstances, your prior experience that would be of benefit in developing the business in Canada and how that business can benefit Canada. It is important to note that if you are able to do this you will obtain a work permit and if you wish to remain in Canada permanently you will still need to qualify under one of Canada's immigration programs.

5- What are your options for becoming a permanent residence? The answer depends on your unique circumstances and whether you are able to meet the requirements of one of Canada's current immigration programs. These programs include, but are not limited to: the Federal Skilled Worker Program, Federal Skilled Trades Program, Canadian Experience Class, Start-up Visa Program, Self-employed Program, Caregiver Classes, Provincial Nominee Programs or Quebec Selected Immigrant. Each of these programs has different requirements in terms of education, experience, language ability and so on that you must meet in order to qualify.

And remember while a permanent residence application is separate from your visitor application, the information you provided in your visitor visa application is part of your immigration record. If you “simplified” information or chose not to provide certain information as part of your visitor visa application, such as not declaring your education, work history or family members, then you may be at risk of a finding of misrepresentation. A finding of misrepresentation can lead to the canceling of your visitor visa, removal from Canada and a ban on you being able to submit an application for visa or permanent residence for a number of years. You should consult with an experienced immigration lawyer to assess your situation and determine the steps you need to take to rectify any mistakes that may have been previously made. 
0 Comments

Celebrating Canada Day With Canadian Citizenship

28/6/2018

0 Comments

 
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:
  1. by birth on Canadian soil
  2. by descent (being born to a Canadian citizen parent) – there are some limited exceptions that I have written about before
  3. by grant or naturalization where you apply to become a Canadian citizen upon meeting the eligibility criteria
  4. 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​
0 Comments

Work Visas Under NAFTA What is at risk in NAFTA negotiations

21/6/2018

0 Comments

 
Picture
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.

0 Comments

Hiring a foreign employee: the case of foreign caregivers

14/6/2018

0 Comments

 
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.
0 Comments

Working In Canada as a Foreign National: What You Need To Know To Legally Work in Canada Types of Canadian Work Permits

31/5/2018

0 Comments

 
According to Statistics Canada, the current unemployment rate sits at 5.8% as of April 2018. This is the lowest rate in over 40 years since the unemployment rate when it was last below 6% in 1976. In some parts of the country we are seeing even lower unemployment rates and there are labour shortages in numerous occupations. Therefore given the current labour market situation in Canada, it is extremely important for employers to be able to reach beyond Canada's borders to hire the employees that they need to meet the needs of their business.

Canada's current Temporary Foreign Worker program is expansive and complicated. There is a need to balance this need to meet the shortages in the labour market while protecting the jobs prospects of Canadian citizens and permanent residents. Therefore, Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada share the responsibility for assessing the eligibility of employers to hire foreign workers and processing their work permit and visa applications.

For most foreign nationals that want to work in Canada they must have a work permit to legally work and receive compensation in Canada. Those who have received an immigration visa and are permanent residents of Canada have no restrictions on their ability to live and work anywhere in Canada. However, by contrast, those who obtain a work permit are restricted in terms of the type of employment they may undertake and are granted a work permit for a limited period of time.

There are a number of different ways to qualify for a work permit and this week I will be writing about the major categories that currently exist under the Immigration and Refugee Protection Act (IRPA) and related Regulations. In the coming weeks I will be writing about the regulation of the Foreign Worker Program and how employers and employees must navigate this system carefully to ensure they comply with all the requirements of IRPA.

Most Common Types of Work Permits in Canada
1) Employer-Specific Work Permits
An employer-specific work permit allows you to work according to the conditions of your work permit, including a specific, named employer, how long you may work and where you may work. If you obtain an employer-specific work permit you may only work for that employer and if you wish to change employers you will have to go through the process to obtain a new work permit for the new employer.

Depending on type of work and who the employer is there are different types of employer specific work permits that you may qualify for. Most employer specific work permits require a Labour Market Impact Assessment (“LMIA”). An LMIA is issued by Employment and Social Development Canada that allows an employer to hire a foreign worker through the Temporary Foreign Worker Program upon showing that the employer was unable to recruit a Canadian citizen or permanent resident and meets the other requirements of the Program.

In addition, in an effort to increase the competitiveness of Canadian businesses, Canada introduced the Global Skills Strategy last year. Under this program employers that want to recruit foreign workers that are facing extreme shortages identified in Canada's Global Talent Stream (occupations such as computer programmers, web developers and software engineers) face a more streamlined LMIA process that is fast-tracked allowing for temporary foreign workers to join the company as quickly as possible. 

There are also a number of employer-specific work permits that are exempt from the LMIA requirement. For example there is no need to obtain an LMIA if an employer wants to transfer one of its employee from outside of Canada to its Canadian operations as long as it meets certain conditions.


There are numerous other provisions of IRPA that allow for granting employer-specific work permits such as for those who are setting up and managing a business that will create significant benefits and create jobs for Canadian citizens or permanent residents

2) Open Work Permits
An open work permit allows a person to work for any employer in Canada (with a few specific restrictions). The most well known type of open work permit is the Post-graduate Work Permit that is granted to those who have completed an eligible period of study in Canada and allows them to work legally in Canada for a period of 1 to 3 years.

Another type of open work permit is a Bridging Work Permit that allows those who are already working in Canada and have applied under an eligible immigration program to be able to remain and work in Canada until their immigration application is processed.

​Others who may be eligible to obtain an open work permit include spouses of some foreign workers and international students as well as refugee claimants or protected persons and their family members.


This is not an exhaustive list of work permit options but includes some of the most common types of work permits available in Canada. In fact since there are numerous exemptions and provisions that allow for other workers to qualify for temporary work in Canada you should speak with an experienced immigration lawyer to seek advice in any particular situation.

0 Comments
<<Previous

    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. 

    Archives

    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017

    Categories

    All
    Appeal
    Authorization To Return
    Business Immigration
    Canada Immigration
    Caregiver
    Caregiver Program
    Citizenship
    Criminal Inadmissibility
    Deemed Rehabilitation
    Dependent Child
    Employer Obligations
    Employing Foreign Workers
    Express Entry
    Family Immigration
    Family Sponsorship
    FAQ
    Global Talent Stream
    Humanitarian & Compassionate Considerations
    IAD
    Immigration
    Immigration Canada
    Immigration Lawyer
    Immigration Record Keeping
    Inadmissibility
    Landing In Canada
    Maintaining Legal Status
    Medical Inadmissibility
    Misrepresentation
    NAFTA
    Naturalization
    New Immigrant
    Overcoming Inadmissibility
    Owner Operator Work Permit
    Parent Sponsorship
    PNP
    PR Card
    Provincial Nominee Program
    PR Status
    Rehabilitation
    Residency Obligation
    Settlement
    Sponsorship
    Study Permit
    Temporary Resident
    Temporary Resident Permit
    Temporary Visa
    Tourist Visa
    Visa
    Work Permit
    تحصیل در کانادا
    تحصیل در کانادا
    تحصیل کانادا
    تور کانادا
    تور کانادا
    سرمایه گذاری در کانادا
    سرمایه گذاری در کانادا
    شهروندی کانادا
    شهروندی کانادا
    مهاجرت
    مهاجرت
    مهاجرت خیشاوندی
    مهاجرت خیشاوندی
    مهاجرت کانادا
    مهاجرت کانادا
    ویزا
    ویزا
    ویزای دانش آموزی
    ویزای دانش آموزی
    ویزای دانشجویی
    ویزای دانشجویی
    ویزای کار کانادا
    ویزای کار کانادا
    ویزا کانادا
    ویزا کانادا
    وکیل مهاجرت
    وکیل مهاجرت
    وکیل مهاجرت کانادا
    وکیل مهاجرت کانادا

    RSS Feed

Copyright © 2019 Ziaie PC  All rights reserved  |   Terms of Use   |    Privacy Policy