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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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Hiring a foreign employee: the case of foreign caregivers

14/6/2018

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Over the last two weeks I have written about the possibility for Canadian businesses to hire foreign workers in Canada when they face a labour shortage. This week I am writing about the case of a special category of employers: families that want to hire a foreign caregiver to work in their home to look after children or a family member with high medical needs.

As with all other visa and immigration categories, the caregiver category has changed greatly in recent years. A few months ago I wrote about changes that would impact the ability of caregivers already in Canada to be able to obtain permanent residence. But what can you do if you want to hire a foreign caregiver? Here are answers to your top three questions as you consider whether and how to hire a foreign caregiver:

1- Can I hire a “live-in” caregiver or nanny?
You cannot require that the caregiver must live with you or the family member that they are looking after. However, it is possible for the caregiver to agree to live with you or the family member that they are caring for. If you come to an agreement with your caregiver for her or him to live in your home, you must:
  • provide accommodation in the form of a private bedroom that is furnished
  • the bedroom door must have a lock and safety bolt on the inside
  • the bedroom must meets the municipal building requirements and the provincial / territorial health standards
  • you cannot charge the caregiver for room and board for the accommodations

2- What is the process for hiring a foreign caregiver?
In order to hire a foreign caregiver, you must be meet the following requirements:

  • Demonstrate that you want to hire someone to provide care on a full-time basis (minimum 30 hours per week).
  • Demonstrate that you want to hire someone to work in the private household where the care is being provided.
  • Prove that you have eligible individuals requiring care (either that your children are under 18 or that your family member has high medical needs).
  • Prove that you have the financial ability to pay the caregivers' wages. You will be required to provide your Notice of Assessment as part of the application process.
  • Prove that have conducted recruitment and advertisement in Canada to try to find a caregiver in Canada before looking for a foreign caregiver.

If you meet these requirements you can submit an application to Employment and Social Development Canada and if your application is approved you will be able to apply for a work permit for your foreign caregiver.

You should also note that once your caregiver is in Canada you must comply with all the requirements of the Ontario Employment Standards Act that sets out the rights that employees have including minimum wage, overtime pay, public holidays, severence pay, and various kinds of leave such as pregnancy leave, medical leave, and so on.

3- What costs are associated with hiring a caregiver?
The process of hiring a caregiver can be complex as described above. It also requires payment of at least the following costs:
  • Employer Compliance fee: $230
  • Labour Market Impact Assessment application fee: $1000 (this is waived if your total family income is below $150,000)
  • Advertising costs: there may be some costs associated with advertising for 4 weeks before we can submit the application (this is one of the trickiest parts of the application)
  • Work permit application fees: $155
  • If biometrics are required: $85
  • Transportation costs for the caregiver to travel to Canada for your caregiver
  • Private health insurance for the first three months before your caregiver becomes eligible for health insurance in Ontario (this will differ in other provinces)
  • Work place safety insurance for your nanny as a monthly premium

You should also note that you are required to provide compensation for your caregiver at the prevailing wage in the area you live. For example, the median wage in Toronto is $14 per hour and you will have to offer the same to a caregiver you wish to employ in Toronto.

Given the complexity of the process and costs involved you should speak with a specialized immigration lawyer to evaluate your chances and create the best path for bringing a caregiver for your family to Canada.
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Working In Canada as a Foreign National: What You Need To Know To Legally Work in Canada Types of Canadian Work Permits

31/5/2018

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

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

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

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

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

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

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

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

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

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

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

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

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

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Updating Canada's Medical Inadmissibility Policy & Increasing inclusiveness in Canadian Society

26/4/2018

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On 16 April 2018 the Minister of Immigration, Refugees and Citizenship announced an update to the policy regarding medical inadmissibility under Canada's Immigration and Refugee Protection Act. The changes that will come into effect on 1 June 2018 will enable more applicants for permanent residence to be approved even if they have a medical condition or disability that may have previously rendered them inadmissible to Canada because of “excessive demand” on the Canadian health care and social services system.

In November 2017 I wrote in depth about the requirement for all applicants for immigration to Canada to undergo medical examinations. Some classes of immigration such as spousal sponsorship or refugees are exempt from medical inadmissibility regulations. However, for many applicants, if the applicant or any accompanying family member has a medical condition that “may cause excessive demand on existing social or health services provided by the government” they can be found medically inadmissible. The threshold for “excessive” demand was set at $6,655 per year (based on 2017 figures), meaning if the officer determined that an applicant would require care and social services in excess of this amount they would be deemed medically inadmissible.

However, this approach has long been criticized as being out-of-date and out-of-touch with Canada's current approach to inclusion and disabilities. Annually approximately 1,000 applicants are denied immigration to Canada because of medical inadmissibility, with at least a quarter of these being families that have children who require special education services that will cost more than the minimum threshold. This means hundreds of applicants are refused each year under the provision because they or their children have a health condition or disability that can be accommodated by Canadian society.

The new policy that will be effective as of 1 June will make two important changes:
1- it will increase the minimum threshold considerably to $19,965 per year (based on 2017 figures), and
2- it will change in the definition of “social services” so as to remove references to special education, social and vocational rehabilitation services and personal support services that an applicant may need in Canada.

The aim of this new policy on medical inadmissibility is to better balance the need to protect publicly funded health and social services with Canada's commitment and views on the inclusion of all persons, including those with disabilities.

To make this policy a reality, the federal government is making important administrative changes including creating a centralized office to make decisions regarding medical inadmissibility, ensuring that information on procedures and requirements are presented in plain-language and that the decision makers and medical officers have updated training to support these changes.

The federal government has been reviewing medical inadmissibility since 2016. However these changes will likely not be the last development in this area. The Standing Committee on Citizenship and Immigration recommended the full elimination of the medical inadmissibility policy and the federal government is collaborating with the provinces and territories to make this recommendation a reality.  
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The Wait Continues: Latest Developments in Delays for Canadian Immigration Applications of Iranian Students and Recent Graduates

19/4/2018

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Canada has been working hard to recruit international students and promises those who chose to study in Canada a pathway to permanent residence once they complete their studies and work in Canada for a period of time. But for one group of applicants the reality has become very different. There are currently more than 300 recent graduates or postdoctoral Iranian students in Canada that are facing longer processing times as they are told that their applications are undergoing “security screening”. The problem is so widespread that over the past month CBC, The Globe and Mail and Vice News have all published articles about the plight of more these recent graduates and postdoctoral students that are facing much longer processing times than their counterparts from other countries.

Given the track record of Iranian students for outstanding academic achievement, it comes as no surprise that there are hundreds of masters and doctorate and even postdoctoral students from Iran at universities across Canada. After spending years studying in Canada, many have become socially settled and want to remain in Canada based on the welcome that Canada extends to international students.

These students qualify for immigration under a number of different categories depending on their circumstances, and most often are eligible to apply based on their Canadian studies and work experience in the Express Entry system. According to the Immigration, Refugee and Citizenship Canada (“IRCC”) website, the current average processing time for 80% of applicants as Federal Skilled Workers or applicants under the Canadian Experience Class is 6 months. However, many Iranian applicants have waited much longer, many in excess of a year and some many years.

This is all the more frustrating for those who have been living in Canada as students for several years before submitting their immigration applications. The impact of these delays is causing great distress for these applicants and many find that their lives are on hold as they wait for the final decision from IRCC. In a recent statement, the Iranian Canadian Congress (“ICC”) found that these graduate students “are unable to make long-term plans for their lives, must pay far higher tuition fees than permanent residents, face difficulties in finding employment since their status in Canada is uncertain, and cannot commit to further studies or academic positions because these institutions require assurances that they can stay in the country”.

So what is causing these delays? The answer is “security screening” according to the Minister of Immigration, Ahmed Hussen, and the Minister of Public Safety, Ralph Goodale. Security screening and background checks are an essential part of the immigration process: before a person is granted permanent residence Canada wants to ensure that they do not have any criminal history and do not present a security threat to Canada. However, the question that remains is why screening for applicants of Iranian background is taking much longer than applicants from other countries.

This is the question that has been asked by ICC in their meeting with representatives of the the Minister of Public Safety in Ottawa last week, the Canadian Civil Liberties Association and a number of federal MPs. The only response they have received so far is that the processing times of security screening is affected by how long it takes to receive information, the volume of applications, how easily the information can be verified. Given that there are more than a thousand Iranian immigration applicants in Canada Border Services Agency's current security-check inventory, it is hard to predict how much longer these applicants will have to wait to receive their permanent residence visas and realize their dream of settling in Canada.  
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2018 Parent and Grandparent Sponsorship Lottery Result

6/4/2018

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The results of the 2018 Parent and Grandparent (PGP) Sponsorship lottery were announced beginning on 19 March 2018 and thousands of families across Canada received good news emails inviting them to submit applications to sponsor their parents or grandparents.


In 2017 Immigration, Refugees and Citizenship Canada (“IRCC”) introduced a new “lottery” system to select applicants to fill its quota of 10,000 applications. In 2017 more than 95,000 people registered with IRCC and while the 2018 numbers have not been released it will be at least the same if not more than last year.


If you are one of the lucky families that has been selected to submit a PGP sponsorship application you must act fast as applicants only have 60 days to submit a complete application.


  1. Check your email (including your spam folder) or use the confirmation number to look up if you were selected online
  2. Ensure that you meet the eligibility criteria (refer to my previous articles available on the Salam Toronto website) and if there are any questions regarding your eligibility you should speak with an immigration lawyer immediately
  3. Gather all the required documents for yourself and your parents – whether you are applying for yourself or with the assistance of a representative, it is extremely important that your application is complete and meets all the requirements. I have unfortunately seen applications returned for missing a single check mark or photograph so it is imperative that you submit a complete application


While the key requirement for PGP sponsorship applications is the minimum necessary income you must show as the sponsor there are often complex questions that arise. In order to meet this income requirement, you can combine your income and that of a co-signer for the past three years. The co-signer can be your spouse or common-law partner. The co-signer must also be eligible to sponsor and co-sign the undertaking of support for the period of 20 years. What happens if the number of people in your family changes (you become married or a child) during the three years that you have to show income? What if you lose the support of your co-signer as part of the application? In these cases you should consult with an immigration lawyer as soon as possible to ensure that you are able to submit a successful application.


The amount of income you must have depends on the size of your family and the number of people you are sponsoring. For example, if you are a family of three sponsoring both your mother and father, you (along with a potential co-signer) 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 your family and those being sponsored. Your income over the three year period is verified based on proof of income from the Canada Revenue Agency.


Given the short period of time you have to submit your application you should try to submit your PGP application as soon as possible. If you were not lucky enough to receive an invitation do not give up and keep your confirmation number: last year not all the people who were selected in the first round submitted their applications and there was a second round announced in August 2017. 
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New Immigrant Series: Part 2 – Your first week in Canada as a new immigrant

15/3/2018

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Last week I wrote about the first time someone enters Canada as an immigrant and the legal process to land in Canada. After you become a landed immigrant, there are a number of things you should do. If you are new to Canada and have not lived here before, everything may seem new and overwhelming. However, I hope that with the list below you will be able to plan your first week with the top 5 things you need to do in your first week in Canada as a new immigrant:

1. Apply for your Social Insurance Number
In Canada you must have a Social Insurance Number (SIN) in order to work and to receive services and benefits from the government. Each person who is a citizen or immigrant must have a SIN. You should apply for your SIN as soon as possible after you arrive in Canada. The process is easy and you will need to attend at a Service Canada Centre and provide documents to prove who your are (e.g. Your passport that you used to land in Canada) and confirm your immigration status. Since you will not yet have your PR Card (it takes several weeks for your PR Card to be mailed to you), you can use your Confirmation of Permanent Residence form that was given to you as part of your landing process to prove your status in Canada.

Your SIN is issued to you as a 9 digit number. You will need to provide your SIN number when you start to work (it is not legal for an employer to pay you without this number) and when you apply for some government services and complete your Canadian tax returns. You should protect the number and keep it in a safe place because if someone gets your SIN they can commit fraud or you could become a victim of identity theft where the person may use your information to get credit or other financial benefits in your name. To help protect your SIN never use it as a form of identification, do not write it on job applications or give it out to other people in person, by phone or in emails. If you are asked to provide your SIN by a business, always ask why they need it, how it will be used and whether it will be shared with anyone else.

2. Apply for Health Insurance in your province
Across Canada each province has its own health insurance program. In Ontario, we have the Ontario Health Insurance Plan (OHIP). OHIP pays for most basic and emergency health care services that you may need. This includes visits to the doctors, hospitals and walk-in clinics. There are exclusions as well - OHIP does not pay for the cost of medication or dental services.

Each province has its own rules for when you become eligible for their health insurance plan. In Ontario you cannot get a OHIP card until after you have lived in Ontario for 3 months (although there are some exceptions). During your first week of living in Ontario you can apply for your Ontario Health Card. However, the Health Card will be sent to you after the 3-month waiting period.

For the three month gap in coverage, I advise clients to obtain private health insurance to give them the necessary coverage if they need medical services before their OHIP coverage starts. You can contact insurance companies to obtain coverage as a new immigrant and it is best to do so before you arrive in Canada.

3. Driver's Licence
Each province in Canada issues driver's licences to residents in the province. In Ontario, you must have a valid Ontario driver's licence in order to drive. Ontario has a graduated licencing process and so the process for getting your Ontario driver's licence will depend on whether you are a new driver or if you have had a driver's licence before.

As part of the licencing process you will need to provide proof of your name, date of birth and a document with your signature – typically this can be your passport and Confirmation of Permanent Residence document. You will also need to undertake an eye exam and have your picture taken for your Ontario driver's licence. Depending on whether you had a previous driver's licence, and from where, you will be required to do a written test as well as one or two driver's tests.

If you have a driver's licence from a country that has a reciprocal agreement with Canada, such as the US or Australia, you do not need to go through the driver's licencing process and can typically exchange your foreign licence for a local Ontario licence. However, if you have a driver's licence from another country, you will need to provide specific information and documents, and depending on how long you have previously been a driver you may be able to go through the Ontario licencing process faster.

4. Open a bank account
In order to open a bank account, you will need to go into a local branch and provide original identification documents. There are five big banks in Canada: Royal Bank of Canada (RBC), Toronto-Dominion Bank (TD), Bank of Nova Scotia (Scotiabank), Bank of Montreal (BMO) and Canadian Imperial Bank of Commerce (CIBC). These banks have branches throughout Canada and for the most part provide similar services to all customers.

When you attend to open your bank account you can ask the account manager helping you to explain the difference between chequing and saving accounts, and how you can track your account activity. And do not forget to ask them to tell you about any special programs that they have for new immigrants such as free banking, free cheques or an initial credit card.

5. Get a cell phone plan
When you are buying a cell phone or selecting a service provider you should be aware of the different services available and also your rights as a consumer. There are a lot of options available but generally you will be able to choose between:
a) prepaid service – you will pay ahead each month for a certain number of minutes of airtime, number of text, and data usage.
b) postpaid service – you will be billed after your use each month, depending on how much you have used. These can also include different packages in terms of number of minutes of airtime, text messages and data usage.
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You should also be aware that if you enter a two or three year contract, particularly one in which you receive a new phone, that the contract is binding and may have significant early cancellation policies. If you do not pay your monthly fees throughout the contract or pay the early cancellation fee, it can adversely affect your credit score and cause you problems when you later want to rent a house or get financing to buy a car or house. So make sure to shop around and fully understand the plan and commitments before signing up.



One final note: 
​You will undoubtedly have many questions in your first week and beyond about your status, the steps you must take as a new immigrant, what your rights and obligations are, and so on. My word of caution is that while you may speak with other newcomers or to family and friends who have been here for many years, you should be aware that the advice you receive from non-professionals based on their own experience may not apply to you. For example, if a family member applied for citizenship ten years ago their experience may not be very useful for you to understand what the requirements are now. Take the advice you receive from others in consideration but in important cases make sure to reach out to a professional to verify the information and advice based on the specifics of your case.  
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New Immigrant Series: Part 1 – Preparing to Enter Canada for the First Time

9/3/2018

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When you are approved for immigration to Canada you will receive a Confirmation of Permanent Residence, and if you require a visa to travel to Canada you will receive a visa stamp in your passport. But when do you actually become a permanent resident (PR) of Canada? What process do you have to go through and how can you prepare for your first time entry to Canada as a new permanent resident?

Below are the top 5 tips I provide to clients who are preparing for their landing in Canada for the first time as new immigrants:
1) Plan your landing date and location
You do not become a PR when you receive your approval of your immigration application. When your permanent residence application is approved you will receive a “Confirmation of Permanent Residence” and a visa sticker in your passport allowing you to enter Canada to land. The visa sticker will provide a time frame during which you can land. You must make arrangements to land in Canada before the expiry date of the visa otherwise you may lose your visa and have to restart the whole immigration process. You only become a PR when you cross a Canadian port of entry with your passport and Confirmation of PR documents and you are processed as a new immigrant to Canada.

Once you know the date you have to land you should also determine where you want to land. You can enter Canada through any airport or border crossing to undertake your landing process. All Canadian Permanent Residents and Citizens have mobility rights that are part of Canada's Charter of Rights and Freedoms, allowing them to move freely between the provinces of Canada.

However, you should not that you may have obligations to comply with if you applied for immigration through a provincial program (either Quebec or one of the provincial nominee programs). Typically if it is not possible to land directly in the province of your destination you then can land in one airport and then fly to your province of destination after the landing process has been completed.

There is currently a pilot program in place for applicants who are living in Canada when their immigration application is approved that allows them to undertake the “landing process” in a telephone interview with an Immigration officer rather than having to travel to a border. This program makes it much simpler and faster for you to achieve PR status when your immigration application is approved. As it is a pilot program it is only available to applicants in Canada and we will have to wait to see if this program will be extended to other applicants as well.

2) Understand who has to land first
When you have a family that needs to land, you can either all land at the same time or the primary applicant in the immigration application must land first before the other family members can land separately. It is not possible for dependants to land before the primary applicant but there is no requirement that everyone must land together. Therefore, as long as the primary applicant lands first, the other family members can land separately before the expiry of their visas.

It is also very important to note that you are required to update the information related to your status up until the time you land in Canada. For example if there is any change in your marital status or you have a new child between the time your visa is approved and the time you land you should inform Immigration, Refugees and Citizenship Canada (IRCC) immediately. At the latest, you must declare such a change at the time of you land in Canada.

This is extremely important because witholding such information may be determined to be a misrepresentation that could later result in the loss of your PR status. Further, in some cases where new family members are not declared in can result in a situation where the family member (new spouse or new child) becomes an excluded family member and cannot be later sponsored to join you in Canada. If your situation is complicated it is best to seek legal advice before you make plans to land to ensure you provide complete and accurate information and avoid potential misrepresentation or exclusion of family members.

3) Documents to bring with yourself
There are a series of documents that you must have with yourself at the time of landing:
  • Passports
  • Confirmation of Permanent Residence – these are in duplicate and issued to you at the time your immigration application is approved
  • Proof of funds (if your immigration application required this)
  • Lists for Customs - “Personal Effects Accounting Document” - this consists of two lists: goods that accompany you and goods to follow later

In addition you may also prepare and bring the following documents with you that may be needed after you land in Canada. If any documents are not already translated you can obtain official translations before you come or have them translated after you arrive in Canada:
  • Family records: Birth certificates, adoption papers, marriage certificate or divorce papers
  • Immunization Record for dependent children – this will be required to enrol your children in school
  • Official school records for children
  • Educational diplomas, degrees and transcripts as well as any qualification certificates or trade licences
  • Work reference letters from previous employers
  • Driver's licence or international driving licence
  • Health and dental records
  • If you are immigrating to Quebec you will need your Quebec Selection Certificates to access services in Quebec

Make sure that the documents you are bringing with you are in your hand bag and not checked into luggage. There is always a risk that your luggage may be lost or delayed which may prevent you from being processed by the Immigration officers when you arrive in Canada.

Finally, before you leave for Canada you may consider preparing and signing a power of attorney with a trusted family member or friend to follow up any outstanding matters after you leave.

4) Find temporary accommodation
While you may choose to stay in a hotel for the first few days after you arrive you can try to find furnished apartment rentals for the short term for your first few months. This will allow you to get to know the areas in the city before you enter a long term rental agreement or buy a house. You can use online websites such as www.airbnb.ca or www.kijiji.ca to try to find suitable short term accommodation.

5) Address in Canada for Permanent Residence Card
If you already have a place that you will be staying when you arrive in Canada (a short term rental or a family or friend's home) you can provide this address at the time of landing for your permanent resident card (PR Card) to be mailed to you. Make sure that you have the complete and correct address including apartment numbers and post codes. One of the main problems that causes delays in obtaining your PR Card is an incorrect or incomplete address so check the address and make sure it is correct. If you do not have an address at the time of landing, you will need to inform Immigration of your new address after you have obtained accommodation so that your PR Card can be processed.

Once you receive your PR Card you will be able to use it to re-enter Canada after any trip that you take overseas. It will be your responsibility to ensure that you meet the conditions for keeping your PR Card and being able to renew it in the future. I advise all clients, particulary those who travel a lot, to keep a complete list of all their travels after they become landed in Canada (and if possible copies of tickets and boarding passes). This accurate list will be invaluable when you later want to renew their PR Card to apply for Canadian citizenship as the stamps in your passport may not fully document the dates that you have entered and left Canada.
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New Immigrant Series: What you need to know as a new immigrant to Canada

1/3/2018

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As the cold days of winter are coming to an end, there are thousands of excited individuals around the world planning to make their first entry to Canada with the coming of spring. Whether your immigration application has taken a few months or a few years, when your immigration application is approved you are typically provided with a few months to plan your arrival and make your first entry to Canada. This first entry is often referred to as “Landing” in Canada and it is only after you land in Canada that you will obtain the status of permanent residence.

While there are some new immigrants who choose to land in the winter, many new immigrants try to plan their trip for the spring and summer and when the weather is better to make their first trip to Canada.

When my clients receive the good news that their permanent resident visas are ready to be issued they are very excited to embark on this new journey. However, their excitement is accompanied by a lot of questions: how do I prepare for my move to Canada? What documents do I need to bring with me? What happens at the airport or border when I land? How much money do I need to have with myself? What steps do I have to take after I land and what documents do I need to obtain in Canada? What are the steps I have to go through to become settled in Canada? When can I obtain health insurance? Can I get a driver's licence? How can I find a job? Can I access language classes? Can my children enrol in school? And the list of questions goes on.



New Immigrant Series
Over the coming weeks I will be writing about matters related to landing and settling to assist those who are planning their move to Canada as new immigrants and answer common questions in this area.  
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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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