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Maintaining legal status as a temporary resident in Canada

18/10/2018

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Every year, hundreds of thousands of foreign nationals are admitted to Canada as “temporary residents”. These may be tourists who are visiting under a visitor visa or an electronic Travel Authorization (eTA) if they are from a visa-exempt country. They may be students or workers in Canada temporarily. While many applicants are most concerned about the eligibility requirements to obtain such temporary visas to enter Canada, it is extremely important for temporary residents to understand the legal nature of their stay in Canada in order to maintain their status and ensure that they do not become inadmissible to Canada by breaching any conditions on their type of visa.

Having legal status means you are authorized to enter and remain in Canada as a temporary or permanent resident under the Immigration and Refugee Protection Act, as a Canadian citizen under the Citizenship Act or as a Registered Indian under the Indian Act. In the case of temporary residents, your status is valid for a specific period of time that is set out in your visa, study or work permit.

Apply for an extension before you lose your status
Each type of temporary visa has a different duration. For example a study permit may be for the duration of your studies in Canada. A work permit may be for the duration of the contract of employment you have with your employer in Canada. In the case of visitors you are generally permitted to stay in Canada for up to 6 months from the date of your entry (unless the officer indicates at the time of your entry that you are permitted to remain in Canada for a shorter period of time).

Irrespective of the type of temporary status you hold, you should be careful of the duration and ensure that you take appropriate steps to extend you status before your status expires. For example, if your studies are taking longer than your original study permit, you can apply to extend your study permit. In the case of visitors, you will need to leave Canada before six months or, if there is a reason why you need to remain in Canada, it is possible to apply for an extension of your status before the six months is up.
What if you miss the deadline to extend you status?
In some situations you may not be able to apply to extend your visa or apply for a new visa in time. Depending on your circumstances this may create serious problems with regards to your ability to extend your study permit or work permit and may even impact your eligibility for future visas. However, if you have missed your deadline to apply for a renewal by only a few days, there is a window of opportunity to be able to apply to restore your status for up to 90 days from the date of expiration of your visa or permit

A restoration application is very important as you must explain the circumstances that prevented you from complying with the conditions of your permit and you must meet all the conditions of your initial visa or permit. Applications are processed on a case-by-case basis and the 90 day deadline is very rigid. If you have missed your deadline you should immediately consult an experienced immigration lawyer to understand your options.
Application To Return to Canada (ARC)
In some cases, where a temporary resident has overstayed his or her authorized period to remain in Canada or did not comply with the conditions of his or her stay, the resident may be issued with a removal order. If you are issued with a removal order (which may be a departure order, deportation order or exclusion order) then you may no longer stay in Canada and it may also result in you becoming inadmissible for re-entry to Canada.
Depending on the reason you receive on the removal order you may be able to appeal the decision. However, once a removal order is final, in most cases you will need a special permission called an Authorization to Return to Canada (“ARC”) before you will be allowed to re-enter Canada.
ARC applications require that you demonstrate that there is a low possibility that you will repeat the behaviour that caused the order to be issued in the first place and your current situation as well as the reason you have for returning to Canada. The officer will also consider the reasons for which the removal order was issued and the amount of time that has passed since the order was issued. There is no guarantee that an ARC will be issued and by having the assistance of an experienced immigration lawyer you will be able to navigate the process and ensure that you submit the best application possible and have the highest chance of success.

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Canada Citizenship Week -- Latest News in Citizenship Processing

11/10/2018

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This week is Canada Citizenship Week and marks one year since the Bill C-6 came into effect last year introducing important changes in citizenship laws and regulations. So how have these changes been implemented over the past year and what impact has this had on those interested in obtaining Canadian citizenship?

Number of applications
The biggest change that came into effect in October 2017 was the reduction in time that permanent residents had to be physically present in Canada before qualifying for citizenship. The minimum time physically spent in Canada was reduced from 4 out of 6 years to 3 out of 5 years. As a result of this change, the number of applications for Canadian citizenship has doubled from approximately 100,000 in 2016-2017 to more than 240,000 in 2017-2018.

Processing time for citizenship applications
Since the changes in eligibility were introduced Immigration, Refugees and Citizenship Canada (IRCC) has maintained that routine applications will be processed within 12 months. Within the first year since the changes came into effect, IRCC estimates that 152,000 permanent residents have have obtained citizenship under these new rules and IRCC is trying to maintain its commitment to process applications within 12 months.

Top Tips for New Citizenship Applications
1) Verify your dates to ensure eligibility: in order to be eligible for Canadian citizenship you must have been physically present in Canada for at least 1,095 days in the past 5 years before you submit your application. You should check your dates based on your passport stamps and airline tickets. If you have travelled extensively to a country that does not stamp your passport you may consider applying for entry-exit records in order to have have a completely accurate list of all dates you were absent from Canada. Citizenship officers review all dates thoroughly and I have seen applications refused for being short just one day.

2) Check, check and check again: if you prepare your own application you should carefully check your application several times to ensure all questions are answered and that information provided is correct. And if you choose to have a representative prepare your application you should remember that you bear the ultimate responsibility for the information submitted on your behalf and should review your application before you sign the forms.

3) Complete supporting documents: by submitting all the required documents including copies of passports, proof of language ability, police clearances and so on, you will prevent delays in the processing of your application. You should also note that any documents that are not in English need to be officially translated. I advise all applicants that they should carefully review all translations to ensure that all information is correctly translated and avoid costly delays and issues that may arise from incorrect translations.

4) Be prepared for your citizenship test: if you are between 18 and 54 you will be required to undertake the citizenship test. The test is a serious matter and you have to get at least 15 out of 20 questions right in order to pass the citizenship test and you should adequately prepare by studying before your citizenship test.

5) If you receive a citizenship questionnaire seek assistance immediately: you may receive a citizenship questionnaire requesting additional documents and information after you submit your application. It is important to speak with an experienced immigration lawyer to understand the request and respond in a timely manner with all the information and documents requests.

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Business Pathways: Provincial Nominee Programs

4/10/2018

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Over the past few weeks I have written about the various business pathways in Canada including Quebec's business categories and the opportunities to obtain a work permit to operate their own business in Canada. In addition to these methods, most provinces across Canada also have specific programs to attract entrepreneurs.
Canada is facing a critical challenge. Due to its aging population it is projected that 75% of all small business owners will retire in the next 5-10 years. Add to this the fact that many provinces across Canada are facing negative population growth and it becomes clear why these provinces are taking important steps to attract and retain new immigrants, particularly those who will set up or buy existing businesses in the province.

This presents a unique opportunity for those who are interested in immigrating to Canada and would like to engage in a business activity that will lead to permanent residence. Each province has different programs based on their local needs however most of the provincial nominee programs for entrepreneurs incorporate the following three steps:

1- eligibility requirements: if you meet the minimum eligibility requirements and score required for each province you will be able to submit an initial application to be considered by the province. Your score will be assessed on factors such as age, education, work experience, management experience, business ownership experience, net assets and any connections you have to the province. However, even if you meet the minimum score, provinces will choose the highest overall scores from among all applications that they receive.

2- settlement in the province: once you are selected to proceed with your provincial application based on your high score, the province will support your application for a work permit to come to Canada in order to buy or set up your business in the province. The minimum investment that you must make will vary depending on your destination. Currently the lowest amount of investment required in your active business is at least $150,000. When you have settled in the province, made your active investment and managed it as an active business for at least one year, the province can nominate you to receive permanent residence.

3- application for permanent residence: after having completed step 2 and making your active business investment in the province you can finally submit your application to receive permanent residence in Canada. As with all other applications for permanent residence you will have to undergo medical and security checks. Once your application is approved you and your eligible family members will obtain permanent residence in Canada.

The provinces' goal in setting up their programs is to attract and retain immigrants. Therefore it is important to note that a province may withdraw its support for your permanent residence application if it finds out that you do not intend to reside in the province after you obtain your permanent residence.

The best advice I have for applicants who are interested in applying to a provincial nominee program is that they should do a lot of research before they finalize their decision. While I may be able to explain the differences between the various programs, ultimately you and your family will have to live and work in your chosen province. In order to help make your decision you should try to make an exploratory trip to the province as well as search business and living conditions online. The time you spend researching and developing your plans will not only help you to make the best decision but will also increase your prospects of success in reaching your goal of setting up a business and new life in Canada.

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

2/8/2018

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

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

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

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

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

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

Note: This information is not intended as legal advice or opinion. You should always seek specialized legal advice with regards to your situation as the facts of each case are unique and the application of law varies in every case. 
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Top 5 tips for international students looking to study in Canada's Universities and Colleges

26/7/2018

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

19/7/2018

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

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

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

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

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

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

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

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