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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
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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:
  1. Show they have legitimately acquired a personal net-worth of at least $2,000,000
  2. Have at least two years of senior managerial experience within the past five years
  3. 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)
  4. 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:
  1. Show they have legitimately acquired a personal net-worth of at least CA$300,000
  2. 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
  3. 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
  4. 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:
  1. Show they have legitimately acquired a personal net-worth of at least CA$100,000
  2. 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
  3. Come to Quebec to create their own job (become self-employed) by practicing a profession or business activity
  4. Make a start-up deposit at a financial institution in Quebec ($25,000 or $50,000 depending on the region you will settle in)
  5. 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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International Students Part 3 – Studying in Primary or High School in Canada

11/8/2018

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

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

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

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

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

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

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

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

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

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

If you are interested in having your child study in Canada you must apply as early as possible as processing of study permits can take several weeks, and can become more complicated if coupled with a visitor visa application for an accompanying parent.  
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Top 5 tips for international students looking to study in Canada's Universities and Colleges

26/7/2018

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

19/7/2018

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

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

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

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

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

Finally, one of the reasons why international students are attracted to Canada is because of the government of Canada's efforts in creating opportunities and pathways to permanent residence and citizenship for international students. Over the last decade, Canada has adopted immigration programs to retain international students upon the completion of their studies.

Students can work while they study and upon completing recognized degrees or diplomas in Canada they qualify for a post-graduate work permit allowing them to work in Canada for up to 3 years. In November 2016 the Express Entry system was changed to introduce points for international students who complete a recognized degree or diploma in Canada, making it easier for international students to become permanent residents. The provinces are also trying to retain international students and offer unique provincial nominee programs for international graduates in their province.

Over the next few weeks I will be writing more about the studying in Canada as an international student. If you have any specific issues you would like see covered please feel free to email me at zeynab@ziaielaw.com.
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Top Five Questions from Visitors to Canada

12/7/2018

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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. 
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Celebrating Canada Day With Canadian Citizenship

28/6/2018

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

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

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

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

21/6/2018

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

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

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

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

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

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    Authors: 
    Zeynab Ziaie 
    Zahra Ziaie 

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

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