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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 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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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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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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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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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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    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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