You may be eligible to apply under the Federal Skilled Worker category if you have an offer of arranged employment from a qualified Canadian employer. The offer of employment must be indefinite in nature and must match your skills and education. You must also meet the requirements of 67 points based on the various selection factors.
You may also be eligible for a Provincial Nominee Program in Canada. Each province has their own requirements for nominating candidates for permanent residency in Canada. These requirements may include, but are not limited to, the applicant’s position, work experience and education.
We are from China and are interested in making an investment in the Province of Ontario and we have been reviewing the requirements of the Ontario Provincial Nominee Program. We find the information somewhat confusing. Could you advise how many applicants can apply if they make a total investment of $5 million CAD, and what the requirements are?
Many potential applicants are confused about the requirements of the Ontario PNP because the materials available are not exceptionally clear. Ontario’s Investor program requires a minimum investment of $3 million CAD, and the hiring of at least 5 employees. Applicants for immigration can apply either as investor nominees or as foreign worker nominees. Both investor and foreign worker applicants must meet the minimum requirements for “Foreign Workers” which require that they be necessary for the success of the business, be offered positions in the company that are either management, professional or technical (NOC A, B or 0), possess two years of relevant experience in the past five years, and be paid market wages. Investor applicants must also meet additional requirements, including a minimum investment of $1 million CAD (which must be not for the sole purpose of deriving only interest, dividends or capital gains, and not redeemable by specific date), and be actively involved in the ongoing management of the business. For the first applicant (either investor or foreign worker), there must be 5 net jobs created for Canadians or permanent residents. For each applicant thereafter, a further job must be created for a Canadian or permanent resident. As the number of applicants will depend on the type of applicant (investor or foreign worker) and the number of net jobs to be created for Canadians or permanent residents, I cannot provide an exact answer to your question regarding the number of applicants that will qualify in your situation. I highly recommend that you obtain specific advice or consultation from our immigration consultants on the planning; structure and implementation of your business plan to maximize your success under the program.
If you are a Permanent Resident of Canada or a Canadian citizen and you are married or in a common law relationship with a foreign national who is physically present in Canada, this does not automatically mean that your partner will be allowed to remain in Canada.
Your partner, as he or she is a foreign national, is always required to maintain a proper and legal status in Canada whether it is, for example, a visitor visa, a study permit or a work permit.
If you and your partner are in a committed, permanent and genuine relationship and if you have decided that you wish to continue living in Canada as a couple, you may consider the option of submitting an in-Canada (or inland) spousal sponsorship application. Should this application be approved, your partner will become a Permanent Resident of Canada and can eventually apply for Canadian citizenship should the requirements be met.
There are important differences between an “overseas” spousal/common law sponsorship and an in-Canada Spousal Sponsorship application. Once an in-Canada Spousal Sponsorship has been submitted, your spouse or common law partner may be allowed to stay in Canada until a final decision is made on this application. Your spouse or common law partner is still requiring maintaining legal status in Canada.
An overseas sponsorship does not necessarily require your spouse or partner to leave Canada while it is being processed, and can sometimes be processed more quickly than an inland application. However, sometimes an overseas application is impractical for a number of reasons. An inland application allows the entire process to be completed in Canada; however, a refusal inside Canada does not give rise to a right of appeal. This could be a major issue in some cases, and must be considered carefully.
It is important to note that if your partner received a notice to attend a Pre-Removal Risk Assessment (PRRA) interview and the in-Canada Spousal Sponsorship application was submitted subsequently to this notice, your partner will not necessarily be entitled to remain in Canada until finalization of the application. Your partner might be requested to leave Canada even if you are married or in a common law relationship and even if you have a pending in-Canada Spousal Sponsorship. The fact that you have been together for many years or even the fact that you have Canadian born children together might not reverse this outcome.
When and how you submit your in-Canada Spousal Sponsorship application can have a tremendous impact on you, your partner and the future of your family. It is crucial to consult with our immigration consultants to ensure that you make a right decision.
I came to Canada as a Federal Skilled Worker with Arranged Employment in March, 2015. I was expected to work in a restaurant in Alberta, but I have intention to come to Toronto because that is where I have several friends, and I think it will be easier for my children to adjust. Will there be a problem for my immigration status if I do not go to Alberta?
You could move to Toronto but under some conditions. Please seek proper, individualized consultancy from our immigration consultants.
I will be eligible to apply for Canadian citizenship in September 2016. I have heard that I must now demonstrate adequate knowledge of English but I do not know how to prove this. What proof must I provide?
Citizenship and Immigration has published a detailed list of acceptable documents, which you may provide to demonstrate sufficient knowledge of English or French. These documents include:
Proof of achieving CLB/NCLC 4 in speaking and listening through a Language Instruction for Newcomers (LINC) orCours de langue pour les immigrants au Canada (CLIC) course
Further details regarding the scores required can be found on the CIC website at Government of Canada
I have been a permanent resident for five years, and I applied for Canadian citizenship last year. I received a letter from the citizenship office requesting me to fill out a Residence Questionnaire and asking me to provide a lot of documents. I have been physically resident in Canada for almost four years when I applied, so I do not understand why I need to provide so many documents, which are difficult to get. Is it possible they have made a mistake?
As a part of the government’s efforts to combat fraud, citizenship applications are being reviewed much more carefully than previously. The new procedure requires applicants to substantiate physical residence with documents including taxation, banking, employment, education, medical, flight information and other records. You have not been singled out for this request, as all applicants must now satisfy officers that they have been physically resident or face refusal of their applications. It is certainly true that the new requirements will make the application process far more onerous for applicants. In addition, this will no doubt cause further delays as officers spend time reviewing the questionnaires and supporting documentation submitted by applicants.
As of January 2015, Immigration, Refugee and Citizenship of Canada have a new system for people to apply to this program. It is called Express Entry. The Federal Skilled Trades Program is part of the Express Entry and for people who want to become permanent residents based on being qualified in a skilled trade.
In addition to being qualified for an eligible occupation, Federal Skilled Trades Program applicants must demonstrate basic language proficiency in either English or French, so you must take a language test. For further information, please contact our immigration consultant for advise.
I was a student who subsequently worked in Canada for 20 months on a post-graduate work permit in a management position. I quit my job in September 2012, and moved to Shanghai, to take a position with an international company. I would now like to apply for permanent residence under the new Canadian Experience Class rules. I would like to know the deadline to apply, and whether I should return to Canada to find employment prior to making the application.
The current CEC rules require that applicants have a minimum of one-year work experience within the three years immediately preceding the application for permanent residence. This means that you must apply be September 2014 at the latest. Of course, it would be better for you to apply well in advance of the deadline in case there are any issues with your application. Furthermore, there is no requirement that you be in Canada or have a current Canadian employer when applying under CEC. You must simply meet the requirements of the class, including one-year work experience in a NOC A, B or 0 occupation and IELTS score to meet the requirements of the occupation. To determine whether there are any issues, and to ensure your documents meet the legal requirements, you should obtain specific legal advice from our immigration consultants.
I have applied for Canadian citizenship; however, I have learned that it takes minimum 1 year or more to finalize an application. I have lived in Canada for the last full four years, and I would like to travel back to HK to visit for a few months while my application is being processed. Is this allowed or will it affect my application?
As long as you meet the requirements on the date of your citizenship application, and you otherwise meet all of the requirements of being a permanent resident, you are free to travel outside of Canada during the processing of your citizenship application. Simply make sure that you have a reliable way of obtaining mail and notices from IRCC during your absence so that you do not miss any important correspondence while you are away.
In order to renew your Permanent Resident Card, you must meet the residency requirement of two years out of five (730 days) of “residence” in Canada. If you do not meet the residency requirement, you may still submit your renewal application with a request for humanitarian and compassionate considerations. You will need to provide a detailed explanation as to why you were forced to remain outside of Canada. It is up to the discretion of Immigration, Refugee and Citizenship of Canada to determine whether the Permanent Resident Card will be renewed. Our experienced immigration consultants would be able to advise you.
My Permanent Resident Card expired and I am currently outside of Canada. How do I return to Canada?
If you are a Permanent Resident of Canada and your Permanent Resident Card is expired or you are waiting for the renewal of your Card, you will need to apply for a Travel Document from outside of Canada in order to re-enter Canada as a Resident. A Travel Document will be issued only if you have spent at least 1 day in Canada in the last 365 days.
If the Travel Document is refused, you may submit a Residency Obligation Appeal at the Immigration Appeal Division.
I am a Permanent Resident of Canada, but I have mostly lived outside of Canada, can I renew my Permanent Resident Card?
The renewal of your Permanent Resident Card will depend on the reasons why you were not present in Canada for at least 2 years in the five years preceding the application for renewal. If you do not fit in any of these exceptions, you will need to ask the immigration officer to consider humanitarian and compassionate reasons as to why you were absent from Canada (i.e.: medical condition of family member abroad. It is important that you clearly outline the reasons why you did not meet the residency obligation.
Generally speaking, you will not get a refund. You can only get a refund if you withdraw your application before we start processing it. You can contact the office working on it to find out if you are eligible for a refund.
Unfortunately, there is no specific answer but there are guidelines, which can assist us in determining an average processing time.
Although Immigration, Refugee and Citizenship of Canada provides us with approximate processing times on their website, this may not be the case in reality. The processing times always change and although Immigration, Refugee and Citizenship of Canada regularly update the time frames, each application will have its own processing time depending on the specific facts and complexities. As immigration consultants, we have submitted hundreds of immigration applications and we can provide you with our approximation of the processing times based on our experiences of each visa office in Canada and outside Canada.
If your Spousal Sponsorship application is prepared carefully and contains all required information and documents, this will definitely reduce the processing time.
You may only be able to sponsor your daughter if she is a student continuously enrolled and attending a qualified post-secondary institution, pursuing studies on a full-time basis and depended substantially on your financial support since before she was 22 years old.
Yes you can. If your parents’ country of citizenship is not visa exempt, they will need to apply for Visitor Visas. In order to obtain Visitor Visas, your parents will need to demonstrate that their stay in Canada will be temporary as well as sufficient funds to pay for the trip Canada. They must also demonstrate that they will return to their home country upon the expiration of their visitor status. An Immigration Officer will ultimately determine to issue the Visas. It is recommended to submit a complete application with strong supporting documents. Our experienced immigration consultants would be able to provide you an advise.
I have been living with my girlfriend for 2 years. Can I sponsor her to Canada?
If you have lived with your girlfriend for at least one year, you are considered to be in a common law relationship, which qualifies you to sponsor her under the Spousal Sponsorship category. You will need to demonstrate that you did in fact live together for at least one year. You must also demonstrate that you are in a permanent and genuine relationship.
Section 117(1) h of the Immigration and Refugee Protection Regulations allows the sponsorship of a family member for Permanent Residents and Canadian citizens who have no family members in or outside Canada who are Permanent Residents or Canadian citizens.
I am a permanent resident of Canada, having applied through the Ontario PNP program. I would like to now sponsor my common law partner, but realize that I may have a problem. When I applied for PR, I did not mention that I had a common law partner because our relationship was inconsistent, and I did not understand whether I should include him or not. Now, I am worried that if I apply to sponsor him, Immigration will think I lied about our previous relationship. Will this be an issue?
A common law partner is defined as a person with whom you were living in a conjugal relationship for at least twelve months. A conjugal relationship includes more than simply a sexual relationship – it means a degree of intimacy and commitment that one would expect of married spouses. If you were in a common law relationship during your application for PR, or any time before landing in Canada, you had a duty to disclose the relationship to the visa office or immigration officer at the time of landing. Failing to disclose this could lead Immigration to determine that you engaged in a material misrepresentation and take action to remove you from Canada. As you have stated that your relationship was inconsistent, it would be best to obtain accurate consultancy advice regarding whether or not the facts and evidence demonstrate you were, in fact, in a common law relationship. If you were, you will need to prepare a strategy on how to proceed, and prepare your sponsorship very carefully. Our immigration consultants will be able to guide you on this.
When an overseas spousal sponsorship has been refused, the sponsor will receive a letter indicating that an appeal can be made at the Immigration Appeal Division to contest the decision. The sponsor will have 30 days from the day that the letter was received to file the appeal. The couple may also choose to re-submit a spousal sponsorship application.
Once an appeal has been filed, the Minister of Immigration, Refugee and Citizenship of Canada must submit a complete copy of the file (called the “Record”) to the sponsor within 120 days. The Immigration Appeal Division will then decide if the case can be settled within an Alternative Dispute Resolution (ADR) Conference. The scheduling of an ADR is currently about 3-6 months within receipt of the Record. If the file is not determined suitable for an ADR, it will proceed to a full appeal hearing, which can currently take about 1 year and a half for scheduling.
Once a spousal sponsorship has been refused, the couple can always re-apply. Of course, immigration will have on file the previous refusal and it is crucial to point out and explain discrepancies, which were in the previous application.
Appeal or Re-Apply?
It is important to clearly understand the impact of appealing or re-applying following a refusal. Should the appeal option be chosen, the couple must understand that losing the appeal will result in the following: unless a new fact arises in the file, the sponsor may no longer sponsor his/her spouse ever again given that the Immigration Appeal Division has already decided on this matter. This is called res judicata.
It is recommended to only appeal if the spousal sponsorship application was prepared properly and contained all relevant documents and information. Many people submit incomplete applications and this results in a refusal. These cases should not be appealed and should instead result in a re-application. Re-applying has a much fast processing time (usually between 6-12 months depending on the country) versus an appeal, which can take over a year. Should the second application be refused, the sponsor will always have the option of appealing that refusal. However, if the application was submitted adequately and the refusal contains obvious errors, then an appeal might be the best option.
Before deciding on appealing a refusal of a spousal sponsorship application or re-applying, ensure you consult with our immigration consultants to clearly understand both avenues.
Yes you can submit an application to sponsor your husband to Canada. You will need to demonstrate that you are in a permanent and committed relationship. With respect to the criminal charge, depending on when the offense was committed as well as the sentence received, the spousal application might also require a special request to overcome a possible criminal inadmissibility. Foreign nationals who have a criminal record cannot become permanent residents of Canada unless they are criminally rehabilitated. Criminal rehabilitation can occur with the passing of time or by applying for it, depending on the case. In order to determine the type of criminal inadmissibility and before submitting the spousal sponsorship, you must disclose this information to our immigration consultants and obtain proper consultancy.
In order to sponsor your spouse to Canada, you must submit a sponsorship application. First you must qualify as a sponsor and your spouse must also be considered a member of the family class.
Given that there are a lot of sponsorship applications being submitted which do not qualify, immigration has very strict rules when assessing these applications.
It is crucial to submit the application carefully with all the required documents, the ones listed on the immigration website as well as other documents which are not listed and can be provided to you by an immigration lawyer. An incomplete application may cause long delays as well as the potential refusal of your application. Submitting a well-organized application will most likely result in your application being processed faster.
You must also demonstrate that your relationship with your spouse is permanent and genuine. This is foremost important. It is important to submit strong supporting documents for this even though you may have children together or if you have been in a relationship for many years.
It is best to consult with our immigration consultants to discuss the entire sponsorship process, as there are many elements to consider.
I would like to sponsor my spouse for permanent residence in Canada. She is here on a study permit, which will expire in December 2013, and we were married last week in Markham. Recently, she was diagnosed with a rare blood disease, which will require ongoing medical care, but she will likely live a full and long life. Will she be refused permanent residence, as she is medically inadmissible? If so, will this affect her study permit? How can she remain with me in Canada?
If your sponsored spouse has a medical condition, which is a danger to the public health or safety, she will be found to be medically inadmissible. However, If her disease will not pose such a danger (i.e. she would just be inadmissible for excessive demand on health or social services), the she will not be medically inadmissible. If the blood disease she has is not contagious or otherwise dangerous to the public, you can still succeed in your sponsorship application. If it turns out that she has a condition that she will pose a danger, you should obtain further legal advice from our immigration consultants, as she may still be able to stay in Canada with proper monitoring and treatment.
Three years ago I was sponsored to come to Canada by my spouse. We are divorced and is it possible for me to sponsor my new spouse?
Yes, you can. Please contact our immigration consultants seek further advise.
For the purposes of immigration, Immigration, Refugee and Citizenship of Canada is primarily concerned with your current relationship. If you are legally separated from your spouse and have been in a continuous, marriage-like relationship with your common-law partner for at least one year, you may be eligible to sponsor your common-law partner.
Your eligibility will be assessed when you submit your Application to Sponsor, Sponsorship Agreement and Undertaking, but, in most cases, the fact that you have not divorced your former spouse should not be a bar to your application to sponsor your current common-law partner. You will also be required to complete the Statutory Declaration of Common-Law Union form and submit it with your application.
Our immigration consultants are skilled at compiling strong applications packages for all types of immigration matters. If you would like assistance in filing a spousal sponsorship application and want to know more about how the regulations may affect you, please feel free to contact our immigration consultants to schedule a consultancy.
The Government of Canada introduced a new rule that requires that some spouses or common-law partners live with their sponsors in a legitimate relationship for two (2) years or risk losing their permanent residence status.
If the spouse/partner does not remain in the relationship, their permanent residence may be revoked. There are exceptions, however, in cases where the sponsor dies and for spouses/ partners who are victims of violence, abuse and neglect by the sponsor or a person related to the sponsor.
The Government anticipates that this new regulation will help prevent and deter immigration fraud and so-called ‘marriages of convenience’ or ‘marriages for immigration purposes’.
I came to Canada as a sponsored spouse last year. Last month, my husband abandoned me, after a very difficult period of terrible arguments and finally violence. I am afraid that he will have me deported from Canada, and I am worried because my visa is conditional on us cohabiting for two years. What should I do?
You should seek proper legal advice right away. Although the law now requires sponsored spouses to cohabit for a minimum of two years, it also contemplates situations where cohabitation is no longer possible, in particular in situations of domestic violence. You should prepare to answer questions from immigration officers. Our immigration consultants will be able to prepare you properly, and relieve some of the stress you may be experiencing.
Yes, you can always re-apply for a Visitor Visa. However, a re-application following a refusal is always a bit more complex given that this refusal remains on your history. Although an immigration officer may not simply refused a Visitor Visa for the sole reason that you were refused in the past, this nonetheless affects your application. This is why is it important to submit a well-prepared Visitor Visa application following a refusal with relevant supporting documentation.
In order to obtain a Visitor Visa, you need to demonstrate the reasons for your travel to Canada, sufficient funds for your trip as well as evidence that you will return to your home country upon expiration of your Visitor Status. There are many other factors that may positively or negatively affect your Visitor Visa application and these must be adequately reflected in your application. Please consult our immigration consultants prior re-apply.
Our Ontario-based company conducts business in several countries around the world, including in China, Singapore, the United States and United Kingdom. We have many foreign workers in Canada from various countries, as well. We are organizing a worldwide summit to bring key people from our various offices to Toronto for a five-days conference. Several of the foreign managers will be asked to provide speeches and conduct seminars during the conference, and we were wondering if there would be any issue with that. Does a work permit requires considered this as part of work?
A person entering Canada to attend the conference would be considered business visitors. For those who are giving speeches, conducting seminars or workshops, or giving corporate training, they are exempt from obtaining a work permit pursuant to section 186(j) of the Immigration and Refugee Protection Regulations, as long as the event last no longer than five days. It is a good idea to seek advice well in advance from our immigration consultants.
As a U.S. citizen, you do not need a visa prior to entering Canada. However, when you do enter Canada, you are allowed to remain in Canada for a period of 6 months as a visitor unless indicated otherwise by the immigration officer. As a visitor, you are not able to engage in unauthorized work. If you wish to extend your stay, you must make an application to extend your visitor status. You must have a valid reason for the extension and you must demonstrate that you will be able to financially support yourself as well as your intention to return to the U.S. upon the expiration of your visitor status. It is best to consult with an Immigration Consultant if you are planning an extended stay, so that you do not experience complications upon application for an extension of your status.
The Government of Canada is continually revising its immigration policies and procedures in response to issues and security concern that come to its attention. As a result, the list of countries whose nationals need a visa to visit Canada can change at any time. The Government reports that these changes will help combat issues related to security concern as the use of unreliable documents and a large number of asylum seekers.
If you are planning to travel to Canada, we recommend that you to visit the Immigration, Refugee and Citizenship Canada list of countries whose citizens require visas for entry (list of countries) if you are a national of a country that requires a visa, our immigration consultants can assist you with a visa application.
An eTA is an entry requirement for visa-exempt foreign nationals travelling to or transiting through Canada by air. It allows Canada to screen travellers before they arrive.
As of March 15, 2016, visa-exempt foreign nationals who fly to or transit through Canada are expected to have an Electronic Travel Authorization (eTA). However there are exceptions include U.S. citizens and travellers with a valid Canadian visa. However, from March 15, 2016 until fall 2016, travellers who do not have an eTA can board their flight, as long as they have appropriate travel documents, such as a valid passport. If you would like assistance in applying eTA, please feel free to contact our immigration consultants to make an appointment.
A denied of a Temporary Resident Visa application can be the result of many factors and each refusal is usually accompanied by a list of reasons or issues that caused the evaluating IRCC officer to render a denial. Usually it is due to an applicant will enter Canada, but then will not likely to leave Canada at the end of the visa.
If you have been refused numerous times, you should seek an advice from a licensed immigration consultant to look at the reasons for the refusals and the documentation that you provided in your application. We are experienced immigration consultant and will help you in preparing comprehensive TRV applications and would be happy to review your applications and refusals and advise you on the options available. Please feel free to schedule a consultation with our immigration consultants, which we will be able to discuss the specific details of your case with you.
Is there a limit on the number of times you can extend your visitor visa in Canada? I have been in Canada for almost 6 months. Can I extend my stay here?
A person can apply for an extension to stay in Canada. There is no statutory limit on the number of times a person can extend visitor status. The officer will usually consider the history of the applicant, the purpose of the visit, and if there is a valid reason to continue to stay in Canada. The primary concern of the officer will be the applicant intends to remain in Canada indefinitely without a valid reason, and the extension would be denied. In some circumstances, numerous extensions can be granted as they make sense in the overall context. For example, where a person seeks extensions while expecting for permanent residence. It is utmost important to seek advice from our immigration consultants based on your specific situation prior apply.
I have obtained a single entry visitor visa and arrived at Toronto Pearson International airport port of entry. I was denied entry as the CBSA officer suspected that I was not a genuine visitor. Is it possible that the Canadian High Commission issued a visa, but the CBSA officer at the airport refuse my entry? I had to return back to my own country where I came from, and I am not clear if I will be allowed to return in future. What is my option?
Canada Border Service Agency (CBSA) officers always have the authority to decide whether to admit a person to Canada. In another words even when you have obtained a TRV or a person from Visa free country, it is not a guarantee of admission to Canada. A CBSA officer at the port of entry must ensure and satisfied that the person is not inadmissible to Canada and will abide by the law while here. If the CBSA officer found that this person is not a genuine visitor, usually was due to the person answers to the officer’s questions. For instance, if a person enters Canada with insufficient funds, unclear plans, and no return flight ticket, the officer may suspect if that person has intention to remain in Canada indefinitely. Another example, the officer discovers that the person intends to work without a lawful work permit; the officer can refuse on this basis. In your scenario, you will need to re-apply for the Temporary Resident Visa again, to travel to Canada. However, before attempting to do so, you should obtain an appropriate advice from our immigration consultants so that you can clarify your clear intentions and avoid future refusal at the port of entry.
I am in Canada on a work permit, which will expire on August 30, 2016. My employer will assist me to apply for a new work permit, however, I plan to return to HK for a month in the summer, and am worried that I will not be in Canada to receive the permit. Will this create a problem for me when I re-enter Canada?
You can certainly apply early to ensure that your permit is granted before you leave Canada. This way, there will be no problem in re-entering Canada in the summer. If, for some reason, the permit has not yet been granted, then there are some legal consequences for leaving the country. First, if you leave Canada during processing, and the date of expiry passes, you will not be considered to have “implied status” in Canada. This means that if for any reason your application is denied, you will be deemed to have lost status on the date of expiry. Furthermore, while you should generally gain entry to Canada fairly easily with a Hong Kong travel document, if your application is still pending when you return, there could be an issue at the port of entry. As you will no longer have implied status and you will be seeking admission as a visitor.
An employer in Canada offered me a job; can I apply for a Work Permit?
Yes. When applying for work permits in Canada there are several options.
One option is to obtain a positive Labour Market Impact Assessment (LMIA) and subsequently apply for a work permit.
Citizens and Permanent Residents of the United States and Mexico may also be eligible for LMIA-exempt work permits under the North American Free Trade Agreement (NAFTA), if they meet the requirements.
Citizens and Permanent Residents of participating countries may also be able to obtain a working holiday visa to work in Canada. Please consult our immigration consultants prior applying.
My husband obtained a Work Permit to work in Canada. Can I accompany him to Canada?
Yes you can. If you wish to visit your husband while he is working in Canada, you will need to obtain visitor status.
I am studying at a private college here in Toronto, and I am going to graduate in 2016. My question is whether I can apply for an off-campus work permit?
Study permit holders in Canada may gain work experience by working off campus while completing their studies.
As of June 1, 2014, you may qualify to work off campus without a work permit. If you qualify, your study permit will allow you to:
We are a mid-sized company in Richmond Hill, Ontario that wishes to hire several foreign workers to join our team. We are extremely confused by the requirements, and would like to clarify the following:
Generally, employers that wish to hire foreign workers must demonstrate that there are no Canadians or permanent residents who could do the job, as it is the government’s policy to ensure that all Canadian residents are able to find employment. In order to demonstrate that there is no one available to do the job, employers must show that they have made sufficient recruitment efforts in Canada. In any case, it would be wise to seek advise of our experienced immigration consultant to determine the requirements in each case.
I studied a one-year postgraduate program and obtained a one-year post-graduate work permit. If I return to study my master’s degree at university, can I subsequently obtain a two-year post-graduate work permit?
A person can only be granted one post-graduate work permit, so even if you return to university and study for several more years, you will not be granted a further post-graduate work permit under the current law. You should obtain an advice from our immigration consultant to determine if there are other options.
I am in Canada on a post-graduate work permit, which will expire in three months. I have applied for permanent residence in the Canadian Experience Class and I am still waiting for the application to be finalized. I would like to continue working for my employer and have been told that I need to apply for a Labour Market Impact Assessment and a new work permit. Is that process difficult? What is involved?
Applicants who are in Canada on a valid work permit and are waiting for their permanent residence applications to be completed can apply for a special bridging open work permit. To be eligible for a bridging open work permit, the applicant must be in Canada, have valid status on a work. To confirm whether you are eligible, contact an immigration consultant. For applicants who do not qualify, the employer must apply for a Labour Market Impact Assessment. In cases where the employer is extending work for an existing PGWP holder, the rules for LMIAs are relaxed, and it would be advisable for your employer to seek consultancy from our immigration consultant.
As of November 21st 2015, there is a new application process to become The International Experience Canada (IEC) program participant.
Depending on where you are from, you can choose from up to three travel and work experiences:
Fund your vacation with temporary work in Canada. The work portion of your trip lets you earn money so that you can fund your travels during your stay. It is a great way to afford side trips, other excursions and accommodations while you are in Canada.
Gain Canadian professional work experience to better compete in a global economy. Widen your career horizons by working on teams from diverse cultural backgrounds, learn new approaches to doing business, experience a different country and learn another language.
International Co-op Internship
Acquire valuable overseas work experience related to your field of study. The International Co-op Internship is for students who intend to complete a work placement or internship in Canada to fulfill part of their academic curriculum.
If you would like assistance applying for an International Experience Canada work permit, our experienced immigration consultant would be pleased to help you. Kindly contact our immigration consultants for a consultancy at your convenience.
I am currently in Canada on a study permit, and I was recently refused my post-graduate work permit as the college I attended was a private college, and is not qualified for the purpose of the post-graduate work permit program. What should I do? I did not know that the college was not qualified, and now I have a two-year diploma and no work permit!
This is a rather unfortunate and difficult situation, and you are not alone as many students were misinformed about their colleges. Depending on your particular circumstances, you can either ask your prospective employer to apply for a Labour Market Impact Assessment (LMIA) for the position they wish to offer you, or you can go back to a qualified college and obtain a new diploma.
You should obtain detailed consultancy from our immigration consultants based on your particular circumstances to determine the best course of action.
A friend in Malaysia owns a real estate development company that would like to open an office in Canada to pursue real estate development in several provinces. Is it possible for my friend, who is the CEO of the company, to obtain a work permit in Canada?
If the Malaysian company incorporates a Canadian subsidiary or affiliate, it could send an employee to Canada provided the company meets a number of important requirements. The company would need to provide a business plan which outlines the details of the Canadian operation. It may be difficult for the CEO of a company to send himself/herself to Canada, as it would be hard to understand who would run the Chinese company in his/her absence. Full details should be discussed with our immigration consultants to understand the specific legal requirements.
My work permit will expire on March 30, 2016, and I have applied to extend my work permit. I would like to leave Canada on holiday on March 30th and return on April 15th. Will I have a problem re-entering Canada?
You should be very careful in this situation. You have not indicated when you applied to extend your work permit, nor provided details regarding your current work permit and your new work permit application. In your situation, if you leave the country, you would also not have the benefit of implied status. Generally, I would recommend remaining in Canada until the new work permit is issued. You should consult with our immigration consultants to obtain detailed advice before leaving Canada.
I have been working in Canada for the past 1 year and 2 months. My work permit will expire on September 2016. Recently I got another job offer, which has a better career prospect than my current job. I intend to move on this new job but I am not sure if I can switch employer immediately.
Depending on your existing work permit, and if you have an open work permit, you could switch your job. If your work permit was restricted to a particular employer, you may not be able to switch employer immediately. You can only switch your job if the new job offer comes with an approved LMIA from the employer.
If you are interested in applying for a work permit our immigration consultants would be pleased to work with you. Kindly contact us to arrange a consultation.