Ziaie Law: News

International Students Part 5 – Pathways to Permanent Residence Continued

23/8/2018

Sometimes it feels like Canada's regulations and programs for Permanent Resident change on a weekly basis. In truth there are more than a dozen programs available at both the federal and provincial level and these programs are constantly changing and evolving. The answer to whether you qualify for permanent residence in Canada may change from month to month and is wholly dependent upon your individual circumstances. Therefore, it is impossible to summarize all the possible pathways to permanent residence but below are the highlights of the main programs currently available for skilled workers.

Canadian Experience Class (CEC)
You may qualify to apply for PR under CEC if:

You have strong English or French Skills
Have at least one year of Canadian work experience at a skilled or managerial level

This program is managed through the Express Entry system and therefore the applicants with the most points will qualify and be selected from the Express Entry pool. There is no specific requirement for a post-secondary degree or to have a job offer but these can increase your points and thereby increase your chance of having a successful CEC application.

Federal Skilled Worker Class (FSW)
You may qualify to apply for PR under the FSW class if:

You have strong English or French Skills
Have at least one year full-time experience at a skilled or managerial level
Have completed at least secondary education

Again this program is managed through the Express Entry system and the higher your points the more likely you are to be successful. Given the minimum scores that have been selected over the past year, applicants who are younger, have extremely good language skills and have either worked or studied in Canada are the most likely to succeed in this category.

Federal Skilled Trades Class (FST)
You may qualify to apply for PR under the FST class if:

You have strong English or French Skills
Have at least 2 years full-time experience in a skilled trade in the past 5 years
You have an offer of employment for at least one year OR a certificate of qualification in that skilled trade issued in Canada

Similar to the FSW and CEC this program is managed through the Express Entry system and the higher your points the more likely you are to be successful.

Provincial Nominee Program
There are numerous programs to attract skilled worker in each province, and the province of Quebec has its own specific program for permanent residents. While the requirements of each of these programs differ they often require strong language skills as well as a connection to the province such as having completed studies there or having a job offer from a local employer.

Atlantic Immigration Pilot
The Atlantic Immigration Pilot (AIP) is a partnership between the Government of Canada and the four Atlantic provinces (New Brunswick, Newfoundland and Labrador, Nova Scotia and Prince Edward Island) and the aim of the AIP is to attract and retain talent in these provinces by offering a faster path to permanent residence.

The AIP allows employers in these provinces to hire qualified candidates for jobs that they have not been able to fill locally. In order to qualify you must have a job offer from a local employer and fall under one of the three programs: High-skilled Program, Intermediate-skilled Program and International Graduate Program (for those who have studied in one of the provinces).

Each step that you take will impact your ability to qualify under any of these programs in the future. Therefore if you are interested in planning out your pathway to permanent residence you should speak with an experienced immigration lawyer as soon as possible.

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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:

by birth on Canadian soil
by descent (being born to a Canadian citizen parent) – there are some limited exceptions that I have written about before
by grant or naturalization where you apply to become a Canadian citizen upon meeting the eligibility criteria
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 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.

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: 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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NEWS

International Students Part 5 – Pathways to Permanent Residence Continued

Celebrating Canada Day With Canadian Citizenship

Working In Canada as a Foreign National: What You Need To Know To Legally Work in Canada Types of Canadian Work Permits

The Wait Continues: Latest Developments in Delays for Canadian Immigration Applications of Iranian Students and Recent Graduates

New Immigrant Series: Part 2 – Your first week in Canada as a new immigrant

New Immigrant Series: What you need to know as a new immigrant to Canada

Authors:
Zeynab Ziaie
Zahra Ziaie

Archives

Categories

NEWS

International Students Part 5 – Pathways to Permanent Residence Continued

Celebrating Canada Day With Canadian Citizenship

Working In Canada as a Foreign National: What You Need To Know To Legally Work in Canada Types of Canadian Work Permits

The Wait Continues: Latest Developments in Delays for Canadian Immigration Applications of Iranian Students and Recent Graduates

New Immigrant Series: Part 2 – Your first week in Canada as a new immigrant

New Immigrant Series: What you need to know as a new immigrant to Canada

Authors: Zeynab Ziaie Zahra Ziaie

Archives

Categories

Authors:
Zeynab Ziaie
Zahra Ziaie