Category: Settlement

Celebrating Canada Day With Canadian Citizenship

28/6/2018

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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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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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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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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NEWS

Celebrating Canada Day With Canadian Citizenship

Hiring a foreign employee: the case of foreign caregivers

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

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

Authors:
Zeynab Ziaie
Zahra Ziaie

Archives

Categories

NEWS

Celebrating Canada Day With Canadian Citizenship

Hiring a foreign employee: the case of foreign caregivers

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

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

Authors: Zeynab Ziaie Zahra Ziaie

Archives

Categories

Authors:
Zeynab Ziaie
Zahra Ziaie