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Maintaining legal status as a temporary resident in Canada

18/10/2018

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

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

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

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

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

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Business Pathways: Provincial Nominee Programs

4/10/2018

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

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

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

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

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

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

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

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Business Pathways: Buying or Setting Up a Business in Canada

27/9/2018

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An entrepreneur is a person who organizes and operates a business, taking on financial risks in the hope of profit. Entrepreneurs are an important part the fabric of Canada's economy, creating and growing businesses that, at the very least, provide us with products and services and create employment.

Until 2014, Canada had a federal “Entrepreneur” immigration program that granted permanent residence to applicants on the condition that after immigrating they would buy or set up a business in Canada. There were great benefits from the businesses created under the program but monitoring the businesses was very difficult and it often took up to 5 or 6 years for applications to be approved.

However, the demand for those wanting to buy or set up a business in Canada has not changed since the program was cancelled. I am approached regularly by applicants, often business owners and managers, who want to relocate their business or buy a business in Canada because of the market opportunities they have identified in Canada. The good news is that there are visa and immigration options available for those interested in buying or setting up a business in Canada.

Under certain conditions you may qualify to obtain a work permit to buy or set up a business in Canada. The first step is that you must find an acceptable, active business opportunity. There is no list of “acceptable” businesses but the business should be a genuine business, it should be financially viable and it should be logical that given your experience and training you will be able to manage the business when you obtain your work permit. The minimum investment required for the business will be determined on a case by case basis depending on factors such as the type of business you are acquiring, the investment required to achieve the business goals, and where the business is located.

As with any other business transaction you will need a team of experts to assist you in your purchase of the business including a business lawyer to negotiate and finalize the business purchase agreements, you may require a real estate lawyer if there is a property that is part of the business, and you should also have an accountant to review the financial documents of the business and advise with regards to tax planning and related matters.

After you have the business in place and the necessary approvals, the final and critical step is to obtain a work visa to work for your own business. While you may own shares of a business in Canada without a work permit or being a permanent resident, you cannot work for the company until you have a work visa. The application for your work visa is extremely important as the officer will carefully review your application to determine if you will be able to manage the business in Canada. Further, since a work visa is a temporary visa, the officer will look at important factors such as your ties to your home country and your financial ability to pay for your investment in determining whether you will receive a work visa.

Once you receive your work visa you will be able to work in Canada for your own business, managing its day-to-day operations. It is important to note that a work visa is temporary (even though there are options to renew it) and if you are interested in applying for permanent residence later you should make clear plans from the beginning of the process to ensure that the path you choose will be suitable. The requirements for a work visa are different from those required to qualify for immigration. You should seek advice from an experienced immigration lawyer to determine your eligibility for both immigration (based on factors such as your age, education, language ability) as well as a work visa.   
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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 4 – Pathways to permanent residence for international students

16/8/2018

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Over the past few weeks I have written about the options available for students who choose to study in Canada as international students. What happens when you complete your studies? Do you have any option for working or becoming a permanent resident in Canada? The good news is that in many cases, depending on your circumstances, the answer to these questions is yes and you may be able to work and go on to become a permanent resident of Canada.

Canada's immigration policy has shifted from attracting and processing skilled worker applicants from outside of Canada to encouraging international students and foreign workers already in Canada to apply for permanent residence. These candidates have already spent time in Canada, having studied or gained Canadian work experience, which so often is a barrier for the successful establishment of new immigrants to Canada. Therefore, after you complete your studies in Canada there are a number of different programs that may put you on a pathway to Canadian permanent residence.

Post-graduate work permit
After you graduate, you may be able to work temporarily, depending on where, what program and how long you studied. To work in Canada after you graduate, you need a work permit. The work experience you gain while working may help you qualify for permanent residence.

If you graduated from a designated learning institution, you may be eligible to apply for a post-graduation work permit (PGWP). Not all designated learning institutions make you eligible for a post-graduation work permit and therefore you must be careful in choosing where you study and the program you will enrol in.

To get a post-graduation work permit, you must:
  • be 18 or older when you apply
  • have continuously studied full-time in Canada in a study program at least eight months long
  • have a document from your school (transcript, official letter, certificate, etc.) that confirms you completed and passed all your program requirements
  • have graduated from a:
  • public post-secondary school, such as a college, trade/technical school or university, or CEGEP in Quebec or
  • private post-secondary school that operates under the same rules as public schools (currently applies only to certain private post-secondary institutions in Quebec) or
  • private secondary or post-secondary school (in Quebec) that offers qualifying programs of 900 hours or longer, leading to a diplôme d’études professionnelles (DEP) or an attestation de spécialisation professionnelle (ASP) or
  • Canadian private school that can legally award degrees under provincial law (for example, Bachelors, Masters or Doctorate degree) but only if you are enrolled in a study programs leading to a degree as authorized by the province
  • apply for a work permit within 90 days of when it was confirmed that you completed your program and
  • have a valid study permit when you apply for the work permit.
  • If your program of study was less than eight months long or you studied for more than eight months but not continuously (for example, you took a semester off), or if you completed a study program by distance learning either from abroad or from within Canada you will not be eligible to obtain a PGWP. Also, recipients of certain scholarships, such as the Canadian Commonwealth Scholarship Program, are not eligible for the PGWP. Finally, the PGWP is a one-time opportunity: if you have already had a post-graduation work permit following any other program of study you will not be eligible to receive a second PGWP.

With a PGWP you will be able to work legally in Canada for the duration of your work permit. Any employer that wants to hire you will not need to go through the bureaucratic process of demonstrating why they need to hire a non-Canadian employee. And most importantly you will build up your work experience to help you in qualifying for one of Canada's immigration programs such as the Canada Experience Class, Federal Skilled Worker Program or one of the Provincial Nominee Programs. Therefore, it is extremely important that you ensure that your program of study qualifies you to receive a PGWP and that you apply in time and meet all the conditions in order to successfully obtain a PGWP if you wish to embark on a possible path to Canadian permanent residence.

What happens after you complete your studies and gain Canadian work experience? Next week I will be writing about the latest eligibility requirements of these pathways to permanent residence.
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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 Temporary Foreign Worker Top 5 Questions for businesses that need to fill a labour shortage in Canada

7/6/2018

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There are more than 300,000 temporary foreign workers (“TFW”) in Canada employed across the country in different positions. In order for these individuals to work in Canada they must hold a valid work permit or benefit from an exemption that permits them to work without a work permit. If you are a business owner interested in hiring a TFW the process can be very complex, especially given that hiring a TFW is regulated by Employment and Social Development Canada (“ESDC”) with a rigorous compliance regime for employers.

​If you are looking to hire a TFW to fill a labour shortage because you have not been able to find a Canadian citizen or permanent resident to fill the position, then your business will need to proceed under the Temporary Foreign Worker Program. This program addresses genuine labour shortages in Canada and is intended for employers trying to fill jobs in cases where qualified Canadian citizens or permanent residents are not available.

Below are five questions you should carefully consider when starting to navigate this interesting but difficult process:

1- What kind of position do you want to hire for?
The process of hiring a TFW will start with an understanding of the position you are looking to fill in your business. Are you looking to fill a highly technical position and you have not been able to find anyone with the necessary training or experience in Canada? Or are you looking to fill a low-skill position but cannot find permanent residents or Canadian citizens to fill the position because there is a shortage of low-skill workers in your area?

These types of situations typically require you to apply for a Labour Market Impact Assessment (“LMIA”) from ESDC based on the shortage of labour in the local market. With the LMIA you can then apply to hire a TFW from outside of Canada.

2- Have you made adequate efforts to hire a Permanent Resident or Canadian first?
In order to be permitted to hire a TFW, your business will first need to demonstrate that you have made adequate efforts to hire a PR or Canadian citizen for the position. This is a mandatory step that takes at least one month. Your business must advertise the position in the Canada Job Bank and also undertake a number of other recruitment activities targeted towards hiring PRs and Canadian citizens. If this step is not correctly implemented your business will not be able to hire a temporary foreign worker.

There are some occupations where there is an exemption from the advertising requirement. If one of these exemptions applies to your business or the position you are hiring, then it is not mandatory to demonstrate your recruitment efforts in Canada.

3- Is your business eligible to hire temporary foreign workers?
If you are looking to hire a TFW your business must be economically viable and demonstrate that it is able to pay the salary expenses related to the TFW without reducing your existing work force. Your business must typically provide documents to show its legal status (e.g. incorporation documents) as well as its financial health (e.g. tax returns and payroll documents for existing staff members). Depending on the circumstances of your business you may be asked to provide additional documents such as a commercial lease agreement or major contracts for the business.

4- Are you ready for when the TFW starts working?
Going through the application process to hire a TFW can be challenging, particularly for the first time. But the process is not over when the TFW receives his or her visa and starts working for you. When you apply to hire a TFW you undertake to pay the employee at a particular wage to perform specific job duties and under certain work conditions. There are rules and formula that determine the minimum wage based on the job description and place of employment. For example a graphic designer will have to be paid at least $35.90 per hour if employed in Toronto but in Fredericton, New Brunswick the employee could be paid $30.77 per hour.

You are required to meet these conditions throughout the term of employment of the TFW. For example you cannot reduce the TFW's wages or require them to work for more hours than what you initially requested. This is monitored through various inspections and check-ups from ESDC to ensure your performance. Therefore, it is extremely important that you understand your obligations when you are preparing and submitting your application because there is a requirement for ongoing compliance and there are consequences for the business if you are found deviate from your initial job offer. And you should make sure you have a compliance program in place to be able to track your progress and be able to respond to any requests from ESDC.

5- Is there any way to hire TFWs without applying for an LMIA?
Yes! There are opportunities to hire temporary foreign workers who are already in Canada and who hold an open work permit. The biggest group of open work permit holders are those who have graduated from an eligible post-secondary program and hold a post-graduate work permit. Those with an open work permit can be hired to legally work for you without the need for an LMIA. There are some other exceptions for when you can hire a TFW without an LMIA such as if the person is exempt under a free-trade agreement such as NAFTA to work as a professional or is a high-level executive that is being sent to your business in Canada as an intra-company transferee from a parent or subsidiary company outside Canada. Given the range of options available it is best to seek the advice of an immigration lawyer to assess the best way for your business to proceed.

And don't forget that many of the TFWs that work for you may soon become eligible for permanent residence. Your investment of time and money in hiring a TFW will no doubt pay off when he or she becomes a permanent resident of Canada is an ideal candidate to permanently join your team.
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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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Top 5 Questions from Visitors to Canada

8/2/2018

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I wrote last week about the increase in the number of visitor visas being issued by Canada over the past three years. These include visas for tourists, those coming to visit family members as well as business visitors, all of whom receive with the same “visitor visa”. Being new to the Canadian legal system many visitors have questions about what they can do as visitors in Canada and the limitations on their visas. While each case is unique, below are the top 5 questions I am frequently asked by visitors to Canada.


1- Should I buy travel insurance? YES! One of the key criteria in assessing your visitor visa application is your financial ability (as well as the ability of any person inviting you) to pay any expenses related to your trip. This is because visitors are not permitted to use public services in Canada such as free health care. As a visitor to Canada you will not be covered by the public health insurance system and must either have private health coverage or pay for the medical coverage you receive from a doctor or hospital. You should look into getting emergency travel insurance and speak with an experienced insurance broker in Canada to find the best possible insurance plan before you travel to Canada.


2- How long can I remain in Canada with a visitor visa? Typically when you enter Canada you will be allowed to remain for up to 6 months. In some circumstances, if the officer at the border determines that you should leave Canada before 6 months he or she may determine an earlier departure date. If they require you to leave earlier than 6 months the departure date will be written on the Canada date stamp in your passport.


If you need to remain in Canada beyond 6 months, we may be able to apply to extend your stay. We will need to prove why you need to remain longer and also that you have the financial resources to cover any expenses in the remaining time you will be in Canada. It is very important to carefully keep track of the dates that you travel to Canada and ensure that you depart before the end of your visa. Remaining beyond the validity of your visa may make you inadmissible for future entry or in future applications for visas or permanent residence. In instances where someone has overstayed their visa and lost their legal status they should consult an experienced lawyer immediately to find out how they can restore their status. It will be crucial to act quickly because the window of opportunity to restore your legal status is very limited and once it is gone things will undoubtedly become much more complicated.


I am sometimes asked if it is possible to get around the 6 month deadline by exiting Canada and re-entering Canada a few days or weeks later if you hold a multiple entry visitor visa. While there is nothing in the Immigration laws and regulations that prevents a person from re-entering with a visitor visa you should be mindful that every time you enter Canada your eligibility is checked and reaffirmed by the border officer. You must be able to convince the officer as to the purpose of your trip, your ability to support yourself and that you are a genuine visitor and not someone who is living in Canada with a visitor visa. The border officer can ask to see proof of your ongoing eligibility as a visitor and will likely do so if your pattern of travel gives rise to a suspicion that you are not visiting for a short period but rather intending to effectively live in Canada.


3- Can I study or work while I am in Canada with a visitor visa? NO! When you receive a visitor visa you are only allowed to visit and cannot study or work in Canada. Visitor visas are intended for those who are traveling to Canada for a short period of time and are not intended for someone who wants to remain in Canada for long periods of time. As such you are not permitted to study or work with a visitor visa. The only exemption to this rule is if you want to participate in a short-term course of study that is less than 6 months in duration. In such a case you do not require a study permit and can participate in the course with your visitor visa.


A continuation of this question is: can I turn my visitor visa to a study visa or work visa? There is no automatic mechanism to convert a visitor visa to a study or work visa. In order to obtain either a study or work visa you will need to meet all the requirements for those visas (e.g. have an acceptance from a college or university or have a valid job offer from a Canadian employer) and generally need to apply for the visa from outside of Canada. If you are from a country that requires fingerprints, you will need to travel outside of Canada to provide your fingerprints (even if you previously provided fingerprints as part of your visitor visa application).


4- Can my visitor visa become a permanent residence status if I buy a house, have a child born in Canada or live here for a period of time? NO! In order to become a permanent resident you have to meet the criteria for one of the immigration programs in Canada. There are no limitations on who can buy property in Canada, although some areas such as Ontario and British Columbia now have additional taxes for non-residents due to the perceived effect of foreign buyers on rising home prices. However, Canada does not grant permanent residence to anyone who chooses to buy property in Canada. It is also true that Canada generally grants citizenship to children born in Canada, irrespective of their parents' visa status. However, the grant of citizenship to a child does not bring any additional rights for other family members to remain in Canada or qualify for permanent residence.


A modified version of this question is: Can my visitor visa status become a work permit if I set up or purchase a business in Canada? In some cases, the answer may be yes depending on your circumstances, your prior experience that would be of benefit in developing the business in Canada and how that business can benefit Canada. It is important to note that if you are able to do this you will obtain a work permit and if you wish to remain in Canada permanently you will still need to qualify under one of Canada's immigration programs.


5- What are your options for becoming a permanent residence? The answer depends on your unique circumstances and whether you are able to meet the requirements of one of Canada's current immigration programs. These programs include, but are not limited to: the Federal Skilled Worker Program, Federal Skilled Trades Program, Canadian Experience Class, Start-up Visa Program, Self-employed Program, Caregiver Classes, Provincial Nominee Programs or Quebec Selected Immigrant. Each of these programs has different requirements in terms of education, experience, language ability and so on that you must meet in order to qualify.


And remember while a permanent residence application is separate from your visitor application, the information you provided in your visitor visa application is part of your immigration record. If you “simplified” information or chose not to provide certain information as part of your visitor visa application, such as not declaring your education, work history or family members, then you may be at risk of a finding of misrepresentation. A finding of misrepresentation can lead to the canceling of your visitor visa, removal from Canada and a ban on you being able to submit an application for visa or permanent residence for a number of years. You should consult with an experienced immigration lawyer to assess your situation and determine the steps you need to take to rectify any mistakes that may have been previously made. 
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Toronto's Amazon Hopes - The Promise of Efficient Visa Processing for Talented Workers

25/1/2018

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Amazon Inc. is now the world's third largest retailer. An amazing feat for a company that until recently did not have any physical stores and sold exclusively online. When Amazon announced last year that it was looking for a city to locate a second headquarters outside of Seattle, cities across North America began to work feverishly on bids to be chosen as the site for an investment of $5 billion and the potential to bring in more than 50,000 new jobs. Over 200 cities from across America, Canada and Mexico submitted bids to Amazon. This week the short list of 20 cities was released and to the delight of many it included Toronto, the only city chosen outside of the USA.

So why is Toronto still in the running? One of the biggest challenges facing Amazon, and many other technology companies, is the lack of available talented workers. An immigration system that is flexible and willing to accommodate Amazon's need for thousands of highly skilled workers can make all the difference. In June 2017 Canada launched the Global Talent Stream that allows for two week expedited visa processing for many technology related occupations. In addition, Canada's temporary visa programs offers great flexibility in attracting highly skilled workers to Canada. With more options to apply to remain as permanent residents these skilled workers may be more easily retained once they have worked in Canada for a few years and set down roots. In the current international discussion about immigration, Canada's approach stands out and its efficiency and flexibility are no doubt a big part of the reason that Canada has made Amazon's shortlist.

In addition, Toronto has an existing deep talent pool with more than 4000 active start-ups at the end of 2017. In addition to the universities in Toronto, it is in close proximity to other campuses such as Waterloo, that can provide the needed talent to power these start-ups and companies that have set up large offices in Canada including Google, Microsoft and Facebook. As the largest city in Canada, Toronto is also its commercial and financial centre, home to the largest banks, investment companies and corporations. And of course it is arguably the most diverse city in the world, with more than half of its current population born outside of Canada, and can offer its residents a high quality of life.

There are additional challenges that Amazon will face it it wants to choose Toronto as it must navigate local political pressures including the USA's current “Buy American, Hire American” campaign. In addition, as NAFTA renegotiation talks are still underway, there is the risk that the United States may pull out of NAFTA leading to greater complications in cross-border transactions. Overall, Amazon will have to balance all of these factors against its fundamental need to make sure it can staff its second headquarters with 50,000 employees that will likely not come from the local city but from around the world.

​And there are some in Toronto that are asking the city to proceed more cautiously and are questioning whether we really want an online retailing giant in our city. Given the concerns about the lack of existing high tech talent in Toronto, executives from Toronto's start-up community are concerned that Amazon could soak up all the local high-tech talent, leaving many other companies struggling to find the experts they need for their businesses to operate and grow and may well prevent Toronto from nourishing it's own Amazon-like success. They argue that the new expedited visa programs should be used to help existing start-ups and companies that are facing the current talent shortage and we should be weary of creating a bigger labour shortage. We will have to wait and see what Amazon decides in the months to come.

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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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