Ziaie Law: News - ZIAIE PC, Barristers and Solicitors

Canada’s New Immigration Pilot for Rural and Northern Communities

7/2/2019

Canada’s goal to attract up to a million new immigrants over the next three years is well advertised and highly talked about. Even with the increased intake, the distribution of immigrants is still a real challenge. The vast majority of newcomers settle in the same three big cities and surrounding areas (Toronto, Vancouver, Montreal) such that the economic and social benefits of immigration do not necessarily reach all communities across Canada. In recognizing the particular challenges faced by smaller communities in attracting and retaining new immigrants, the federal government has announced the Rural and Northern Immigration Pilot for communities in Ontario, Western Canada and Canada’s three territories.

This is a unique program that will work with local communities to identify their needs and create an environment where the new immigrants will be welcomed and encouraged to stay in rural and Northern areas that need them. The program is based on the successful Atlantic Immigration Pilot (“AIIP”) program that was created in 2017 and has helped fill local market needs in the Atlantic provinces. AIIP allows employers in Atlantic Canada to hire foreign workers to fill positions if they have not been able to find the necessary workers locally. In 2018, AIIP allowed 2,500 foreign workers and international students to apply for permanent residence based on these offers from local employers in New Brunswick, Newfoundland and Labrador, Nova Scotia and Prince Edward Island.

The Rural and Northern Immigration Pilot will allow communities and organizations to target immigrants they need for specific jobs based on the needs of their local labour market. Communities that have a population of 50,000 or less if within 75km of a metropolitan area or less than 200,000 in more remote areas, may apply under this program if they can demonstrate: they have job opportunities, have an economic development plan and are able to settle new immigrants. Further it will be crucial for communities to have the support of local municipalities and immigrant-serving organizations. The program will be available to communities in Alberta, British Columbia, Manitoba, Northwest Territories, Nunavut, Ontario, Saskatchewan and Yukon.

The Rural and Northern Immigration Pilot shows the government’s recognition that the economic needs across the country are different and there is room to create unique programs to meet local needs. The ongoing challenge will be to see how well the program can be implemented and if the communities can effectively retain their new members on a going forward basis. Communities must submit their complete applications by 1 March 2019 and the successful communities will be revealed in Spring 2019.

Choosing An Immigration Representative

31/1/2019

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

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

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

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

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

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

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

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

5 Tips In Choosing Your Immigration Representative

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

Your Responsibilities When Dealing with Immigration and Citizenship Officials

24/1/2019

The visa, immigration and citizenship laws and procedures of Canada are complex. There are forms, guides, laws, regulations, manuals and so much more to consider when understanding how any particular type of application can be prepared or submitted. However, there are few guidelines for you when you want to know how you should interact with Immigration, Refugees and Citizenship Canada (IRCC) and what your responsibilities and rights when dealing with IRCC.

Below are the top 4 tips to help you when interacting with IRCC:

1. Always provide honest and accurate information
Honesty is always the best policy. It is a serious crime to lie or provide false information or documents IRCC. It is your duty to ensure that you provide truthful, accurate and complete information when submitting any kind of application to IRCC. Providing false, inaccurate or incomplete information is a form of fraud and is called “misrepresentation”.

Misrepresentation can take different forms. For example, misrepresentation can be when someone provides wrong work history dates, or even forgets to provide information of on previous refusals from 10 years ago. In more serious cases it involves providing fraudulent or altered documents. The consequence of a finding of misrepresentation are very severe: you may be forbidden from coming to Canada for at least 5 years, may lose your permanent residence or Canadian citizenship, may be charged with a crime and may be removed from Canada.

The important thing to keep in mind is that it does not make a difference if you provided the false information or documents yourself or someone provided them on your behalf. You are responsible for your application, even if you have a representative or someone who helps you prepare the application. Unfortunately, I have been increasingly contacted by people who have applied for Canadian visas with the help of agencies or other unauthorized representatives but then found out that they are now inadmissible to Canada because of misrepresentation in their application.

So whether you are applying yourself or using the services of a representative make sure that you check every single answer and document before you submit your application.

2.Record keeping
One tool that will be extremely helpful to ensure you are able to provide honest and accurate disclosure is to keep copies of all your forms and documents that you provide for future reference. It is difficult to remember details of your application if you do not have a copy of it and without a track record you may inadvertently make a mistake in future applications. IRCC keeps copies of all your applications and so you should also keep print or electronic copies of all your applications as well.

3. Know the Law - Ignorance is not an excuse
Ignorance of the law is not an acceptable excuse. Make sure that you fully understand the law and requirements before you submit an application or undertake any course of action. The excuse that you did not know the law will not help you when IRCC determines that have acted illegally. An example is the length of time you are permitted to remain in Canada with a visitor visa or the limitations on the amount of time you may work while you are a student. Make sure you understand the legal requirements and if necessary seek out professional legal advice.

And remember that while friends and family may have the best of intentions their advice and experiences in dealing with a situation will not necessarily apply to your case and may land you in trouble if you do not verify the information yourself or with a professional.

4. Make sure you are dealing with Ministry of Immigration, Refugees and Citizenship (IRCC)
Be very careful of scams and sources of information that are not directly from the government or licenced legal professionals. Unfortunately, there are many scams that try to either get money from you or steal your information and identity.

Here are some important things to help guide you if you think you may be facing a scam:

No one can guarantee you a job or a visa to Canada
Only immigration officers can decide to issue a visa
Processing fees are the same for all of our services in Canada and around the world. Fees in local currencies are based on official exchange rates. They are the same amount as fees in Canadian dollars.
IRCC will never ask you to deposit money into a personal bank account, transfer money through private money transfer service, threaten you or offer special deals to people who want to immigrate
IRCC never uses free email services, such as Hotmail, Gmail or Yahoo Mail to contact you
IRCC never calls people to demand payment by telephone

In addition, you should be very careful of scams asking for details of your credit card, bank account, passport number or social insurance number. If you are the victim of a scam you can report the information to the Canadian Anti-Fraud Centre but unfortunately your information and money are likely gone forever.

Realizing the Canadian Dream - Federal Government Increasing Funding for Immigrants to Connect with Canadian Job Market

9/1/2019

Canada’s immigration policies in attracting skilled workers over the past four decades have created a workforce that is highly educated. In fact, Canada currently ranks second in the world as approximately 60% of adults hold college or university degrees. In addition to the education opportunities available to Canadians this percentage is driven by the large percentage of educated skilled worker immigrants and their children who focus on education.

However, one of the challenges that Canada continues to face is matching the talent of new immigrants with the requirements of employers in the job market. Immigrants on average face a lower employment rate than their Canadian born counterparts and many professionals are unable to find work in their area of specialization. The introduction of the Express Entry system and reworking of the skilled worker programs has helped to alleviate this problem by selecting immigrants that already have either “Canadian Education” or “Canadian Work Experience”.

As more baby-boomers retire, Canada is facing record low unemployment numbers. According a recent Statistics Canada study, unemployment in working-age Canadians is approximately 5% and is just over 6% for immigrants. The good news is that as a result of these efforts, the employment gap between immigrants and Canadian-born workers is narrowing. However, as more baby-boomers are set to retire in the decade ahead, there is a large gap that must be filled by new immigrants.

The federal government announced last week that it is boosting funding for pre-arrival settlement services for new immigrants so that they will be job ready as soon as they become permanent residents. This includes $113 million that is being given to 16 organizations to provide immigration and settlement support to immigrants selected for immigration over the course of the next 4 years. The aim is that these organizations will connect with immigrants before their arrival in Canada to provide occupation-specific employment services to ensure that they have the best job prospects upon arrival in Canada. This includes assistance and guidance in applying for professional qualifications or valuable skill training.

The effect of this additional funding for immigrants is also positive in terms of attracting talented skilled workers across the globe to choose Canada instead of other potential destinations. In the same study Statistics Canada noted that while 59,000 native Canadians entered the workforce in 2017, almost 90,000 immigrants entered the workforce during the same time period. Therefore, it is clear that Canada is becoming increasingly dependent on immigrant skilled workers to meet its labour market needs. One of the ways in which Canada can compete with other countries for the available skilled workers looking to settle in a new country is by providing those who choose to come to Canada with assurance that they will be able to quickly enter the labour force and fulfill their potential in an accepting and prosperous country.

Canada's Immigration Developments in 2018

27/12/2018

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.

La Belle Province – Quebec's Business Immigration Categories

13/9/2018

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

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

Quebec Immigrant Investor Program

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

To qualify under the QIIP, applicants must:

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

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

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

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

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

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

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

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

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

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

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

Immigration Pathways For Business Owners and Managers

6/9/2018

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.

International Students Part 5 – Pathways to Permanent Residence Continued

23/8/2018

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.

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

16/8/2018

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.

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

11/8/2018

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

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

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

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

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

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

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

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

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

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

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