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Express Entry stands as the most expedient route for foreign nationals seeking permanent residence in Canada. This competitive program entails a structured three-step process once the minimum requirements for the intended program are met. Initially, candidates must create and submit a profile, wherein points are allocated under the Comprehensive Ranking System (CRS) based on factors such as age, education, marital status, work experience, and language proficiency, among others, totalling a maximum of 1200 points. Following profile submission, candidates are ranked against others in the pool. Immigration, Refugees, and Citizenship Canada (IRCC) subsequently conduct draws approximately twice per month, inviting candidates with the highest-ranking scores to apply for permanent residence. Finally, candidates must submit their permanent residence applications within 60 days of receiving an Invitation to Apply (ITA), failing which the process must be restarted.

Within the Express Entry system, three federal programs are managed:

• Federal Skilled Worker Program
• Federal Skilled Trades Program
• Canadian Experience Class

The Federal Skilled Worker Program caters to skilled workers with foreign work experience seeking permanent residence in Canada. Assessment criteria include age, education, work experience, and proficiency in English and/or French.

Designed for individuals with qualifications in skilled trades, the Federal Skilled Trades Program evaluates applicants based on factors like work experience, age, education, employment, language proficiency, and adaptability.

The Canadian Experience Class targets skilled workers with Canadian work experience aspiring to become permanent residents. Applicants must meet minimum criteria set by Immigration, Refugees, and Citizenship Canada.

For professional assistance and information regarding any of these categories, we encourage you to contact our office

A study permit serves as official authorization for foreign nationals to pursue academic or professional studies at a Designated Learning Institution (DLI) in Canada. Individuals intending to study in Canada for a minimum duration of 6 months must obtain approval for a study permit before entering the country, as mandated by the Immigration and Refugee Protection Regulations (IRPR). Generally, applications for study permits must be submitted from outside Canada, although there are exceptions. For example, individuals eligible to apply from within Canada include spouses or common-law partners of work or study permit holders, temporary resident permit holders with a validity of at least 6 months, and refugee claimants.

To initiate the application process, applicants must obtain a letter of acceptance from a DLI, which typically outlines essential program details such as program name, duration, start and end dates, and tuition fees. Non-Quebec students must demonstrate the ability to cover first-year tuition costs and a minimum of CAD$10,000 for living expenses. If accompanied by family members, additional funds are required, such as CAD$4,000 for a spouse and CAD$3,000 for each dependent. Specific requirements for studying in Quebec can be found here https://www.quebec.ca/en/education/study-quebec/required-conditions.

The evaluation of study permit applications involves significant discretion. Immigration officers assess various factors, including ties to the applicant's home country, travel history, rationale for selecting the study program, financial stability, and potential inadmissibility. Additionally, officers often consider whether the benefits of obtaining an educational credential in Canada justify the associated costs and challenges.

International students studying full-time are typically permitted to work on or off campus for up to 20 hours per week during academic sessions. During scheduled breaks, such as seasonal or reading weeks, students are generally allowed to work full-time.

Upon completion of their program, most students are eligible to apply for a post-graduate work permit, providing them with Canadian work experience. The duration of this permit typically ranges from 1 to 3 years, depending on the length of the student's studies. Accumulated work experience positions students to apply for permanent residence through programs like the Canadian Experience Class under the Express Entry system.

Need help? For more information on study permits, contact us using our contact form or email us at ncparalegal@outlook.com.

A work permit serves as official authorization for foreign nationals to work in Canada, issued by immigration officers under either the Temporary Foreign Worker Program or the International Mobility Program. This initiative aims to address labour shortages and fulfill broader economic needs. Generally, foreign nationals must apply for work permits from outside Canada, with some exceptions.

There are two main types of work permits issued by Immigration, Refugees, and Citizenship Canada (IRCC): Employer-Specific Work Permits and Open Work Permits. Employer-specific permits specify conditions such as employer name, job duration, and location, while open permits provide flexibility to work for any Canadian employer except those offering certain restricted services.

Various types of work permits are issued, including:

• LMIA-Required Work Permits
• Bridging Open Work Permits
• Post-Graduation Work Permits
• Work Permits under Permanent Resident Pilots
• Work Permit under the Spouse and Common-Law Partner In-Canada Class
• Free Trade Agreement (“FTA”) Work Permits
• Intra-Company Transferee Work Permits
• International Experience Class permits

LMIA-Required Work Permits involve a two-step process where employers must obtain a positive Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) before hiring a foreign worker.

Bridging Open Work Permits allows individuals to continue working in Canada while awaiting a decision on their permanent residency application.

Post-graduation work Permits enable international students from eligible institutions to gain Canadian work experience after completing their studies.

Under various pilot programs, temporary work permits may be issued to support applications for permanent residency.

Spouses sponsored under the Spouse and Common-Law Partner In-Canada Class may apply for open work permits, provided they meet specific criteria.

Free Trade Agreement Work Permits are available to individuals from countries with which Canada has FTAs, facilitating temporary entry for businesspersons, investors, and professionals.

Intra-company transferee Work Permits are for high-skilled employees of multinational companies relocating to work in Canada.

International Experience Class permits allow youth from participating countries to travel and work in Canada through programs such as Working Holiday Visas, Young Professionals, and International Co-op (Internship).

The application process involves determining eligibility, submitting a profile to enter candidate pools, and waiting for an invitation to apply (ITA) for a work permit. Officers assess applications to ensure compliance with program requirements and verify the applicant's intent to leave Canada upon the permit's expiry, admissibility, and provision of required documentation.

For personalized assistance or further information, individuals can reach out for support.

Foreign nationals wishing to visit Canada must first obtain either a temporary resident visa (TRV) or an electronic travel authorization (eTA), depending on whether they are from a country exempt from visas or one that requires a visa. Those from visa-exempt countries can apply online for an eTA, which can be completed within minutes, by paying a fee of CAD$7.00. Conversely, nationals from visa-required countries must apply for a TRV at a Canadian consulate or embassy.

A TRV, issued by Immigration, Refugees, and Citizenship Canada (IRCC), is a formal document placed in a person’s passport confirming their eligibility for entry into Canada. A multiple-entry visa, valid for up to 10 years or the passport's validity period, is typically issued as standard. Applicants must demonstrate intent to leave Canada upon the expiry of their authorized stay and prove they are not inadmissible. Factors considered in the decision-making process include ties to their home country, health, criminal record, financial stability, purpose of visit, previous visa refusals, and travel history. Providing accurate and sufficient documentation is crucial, as errors, such as failing to disclose a prior visa refusal, may lead to a five-year ban.

Canada Border Services Agency (CBSA) officers determine the duration of stay upon arrival, typically granting up to six months, though visitors can apply for a Visitor Record for longer stays due to changed circumstances.

Visiting Canada may seem straightforward in terms of obtaining a TRV, but the country’s border policies present challenges for millions of prospective visitors annually. In 2017 alone, nearly 600,000 individuals were denied entry for various purposes, including tourism, education, business, academic conferences, or family visits. Before applying, ensure whether you require a visitor visa or electronic travel authorization based on your nationality.

In case you intend to visit Canada and apply for a temporary resident visa, we invite you to contact our office

Canadian citizens, registered Indians, or permanent residents of Canada have the opportunity to sponsor their spouse, common-law partner, dependent children, parents, grandparents, and other relatives under section 13 of the Immigration and Refugee Protection Act (IRPA). To be eligible as a sponsor, one must be at least 18 years old, reside in Canada, not receive social assistance for reasons other than disability, and be capable of meeting the basic needs of the sponsored individual. There is no financial requirement unless the sponsored spouse or partner has a dependent child who also has a dependent child, or if the sponsored dependent child has a dependent child of their own.

However, certain conditions render a person ineligible to sponsor, including situations where they have previously signed an undertaking for a spouse or partner within the last three years, failed to repay social assistance provided to a previously sponsored person, defaulted on an immigration loan or performance bond, failed to meet court-ordered alimony or child support payments, declared bankruptcy that has not been discharged, been convicted of certain offenses, became a permanent resident through spousal sponsorship within the last five years, are under a removal order, or are incarcerated.

Applications to sponsor a conjugal partner or dependent child must be submitted to a visa office outside Canada, while applications for spouses or common-law partners can be made from within Canada. In the latter case, the sponsored spouse or partner may qualify for an open work permit if they live with the sponsor and have valid temporary resident status, allowing them to work while awaiting a decision.

In the assessment process, Immigration, Refugees, and Citizenship Canada (IRCC) must determine whether the marriage or relationship is genuine or entered into primarily for immigration purposes. Interviews may be conducted where necessary, such as when there are concerns about the relationship or document authenticity.

If approved, the sponsored individual will receive a permanent resident visa and a Confirmation of Permanent Residence (COPR) document, which must be presented at the port of entry if outside Canada or followed as instructed if already in Canada. If the application is refused, the sponsor may appeal the decision to the Immigration and Refugee Board or apply for Judicial Review with the Federal Court.

For sponsoring parents and grandparents, IRCC has implemented a randomized selection intake process for the Parents and Grandparents Program (PGP Program) in 2020 and 2021. Sponsors must submit an Interest to Sponsor form and provide proof of their status in Canada. Successful submission of the form will result in confirmation, and if selected, sponsors will receive an invitation to submit a sponsorship and permanent resident package within 60 days. Timely submission is crucial as applications are processed on a first-come, first-served basis.

The Super Visa program offers an opportunity for parents or grandparents of Canadian citizens or permanent residents to visit Canada under a multiple-entry Temporary Resident Visa (TRV), permitting stays of up to 2 years per visit. This differs from a standard TRV, which allows visits of up to 6 months per entry. The Super Visa is issued with a validity of up to 10 years or until the expiry of the passport, whichever comes first.

As with all temporary residency applications, applicants need to demonstrate to immigration officers their intention to depart Canada at the end of their authorized stay and prove their admissibility.

Applications for the Super Visa must be made from outside of Canada. Immigration officers evaluate several factors, including family ties in the applicant’s home country, the purpose of the visit, financial stability, and the overall economic and political situation of the applicant's home country, to ascertain the authenticity of the visit. Moreover, the host in Canada must demonstrate their ability to financially support the applicant throughout their stay by meeting the Low-Income Cut-Off (LICO) minimum.

Additionally, applicants must demonstrate their admissibility on health grounds and provide evidence of medical insurance from a Canadian provider, valid for at least one year from the date of entry, covering healthcare, hospitalization, and repatriation expenses up to CAD$100,000.

The current application fee stands at $100.00 per person.

We are here to Help! Should you require more information about Super Visas, reach out to us using our contact form.

Canadian citizenship can be acquired through birth, parentage, or naturalization, a process whereby individuals must first become permanent residents and fulfill specific requirements. Under section 5 of the Citizenship Act, permanent residents meeting these criteria can apply for Canadian citizenship, granting them all rights and privileges associated with Canadian citizenship.

Canada acknowledges multiple citizenship, meaning individuals do not lose citizenship in another country upon obtaining Canadian citizenship. However, some countries prohibit dual citizenship, necessitating individuals to understand their country’s laws regarding citizenship retention and revocation before applying.

Individuals immigrating to Canada must undergo the naturalization process, which involves meeting various eligibility criteria. To qualify, applicants must demonstrate that they:

• Are permanent residents in good standing who have fulfilled all conditions.
• Have resided in Canada for at least 1,095 days in the five years preceding the application, with days spent as a temporary resident or protected person counting as half.
• Have filed taxes for three taxation years within the five years preceding the application.
• Meet the minimum language requirement, demonstrating proficiency in English or French.
• Have passed a citizenship test (for ages 18-55).
• Are not inadmissible or subject to a removal order, nor ineligible due to criminal or security grounds.

Minor children under 18 may also be eligible for Canadian citizenship, exempt from language requirements and citizenship tests. Parents or guardians can apply on their behalf if one parent is Canadian or simultaneously applying for citizenship.

The Act allows for citizenship to be granted to adopted children under certain conditions, ensuring the adoption is in the child’s best interests and meets legal requirements.

Stateless persons must be under the age of 23 and born after April 17, 2009, to a Canadian citizen parent, may also qualify for citizenship, provided they meet residency and eligibility criteria.

Upon applying, applicants undergo a citizenship test and may be called for an interview to verify information. If approved, applicants are informed of the citizenship ceremony, where they take the citizenship oath to officially become Canadian citizens.

Foreign nationals and permanent residents detained by the Canada Border Services Agency (CBSA) following an inadmissibility finding must appear before the Immigration Division (ID) of the Immigration and Refugee Board (IRB) for a detention review hearing if there are reasonable grounds to suspect flight risk or danger to the public. Moreover, an officer may detain individuals suspected of inadmissibility on security, human rights violations, serious criminality, or identity grounds (applicable to foreign nationals only).

Upon arrest, CBSA may choose to continue detention or release the detainee. If not released, the ID, as mandated by section 57 of the Immigration and Refugee Protection Act (IRPA), must hold a hearing within 48 hours to review the detention reasons. Subsequent reviews are required within 7 days and every 30 days thereafter.

During the detention review, the ID assesses whether sufficient grounds remain for continued detention and if the circumstances leading to detention persist. The hearings officer may order release with conditions like reporting to an immigration office regularly. If grounds for detention persist, additional factors are considered before deciding on detention or release, including reasons for detention, duration of detention, potential length, delays attributable to CBSA or the individual, alternatives to detention, and the best interests of affected children.

However, different rules apply to Designated Foreign national groups arriving irregularly and designated as such by the Minister. Individuals aged 16 and older are subject to mandatory detention and arrest.

Extension of stay is the process by which individuals already in Canada on a temporary basis apply to extend their authorized period of stay. This could apply to visitors, students, or temporary workers who wish to prolong their time in Canada beyond the expiration date of their current immigration status.

Canadian citizens, registered Indians, or permanent residents of Canada have the opportunity to sponsor their spouse, common-law partner, dependent children, parents, grandparents, and other relatives under section 13 of the Immigration and Refugee Protection Act (IRPA). To be eligible as a sponsor, one must be at least 18 years old, reside in Canada, not receive social assistance for reasons other than disability, and be capable of meeting the basic needs of the sponsored individual. There is no financial requirement unless the sponsored spouse or partner has a dependent child who also has a dependent child, or if the sponsored dependent child has a dependent child of their own.

However, certain conditions render a person ineligible to sponsor, including situations where they have previously signed an undertaking for a spouse or partner within the last three years, failed to repay social assistance provided to a previously sponsored person, defaulted on an immigration loan or performance bond, failed to meet court-ordered alimony or child support payments, declared bankruptcy that has not been discharged, been convicted of certain offenses, became a permanent resident through spousal sponsorship within the last five years, are under a removal order, or are incarcerated.

Applications to sponsor a conjugal partner or dependent child must be submitted to a visa office outside Canada, while applications for spouses or common-law partners can be made from within Canada. In the latter case, the sponsored spouse or partner may qualify for an open work permit if they live with the sponsor and have valid temporary resident status, allowing them to work while awaiting a decision.

In the assessment process, Immigration, Refugees, and Citizenship Canada (IRCC) must determine whether the marriage or relationship is genuine or entered into primarily for immigration purposes. Interviews may be conducted where necessary, such as when there are concerns about the relationship or document authenticity.

If approved, the sponsored individual will receive a permanent resident visa and a Confirmation of Permanent Residence (COPR) document, which must be presented at the port of entry if outside Canada or followed as instructed if already in Canada. If the application is refused, the sponsor may appeal the decision to the Immigration and Refugee Board or apply for Judicial Review with the Federal Court.

For sponsoring parents and grandparents, IRCC has implemented a randomized selection intake process for the Parents and Grandparents Program (PGP Program) in 2020 and 2021. Sponsors must submit an Interest to Sponsor form and provide proof of their status in Canada. Successful submission of the form will result in confirmation, and if selected, sponsors will receive an invitation to submit a sponsorship and permanent resident package within 60 days. Timely submission is crucial as applications are processed on a first-come, first-served basis.

A Permanent Resident Card (PR Card) serves as the official documentation of an individual's permanent resident status in Canada. When returning to Canada via a commercial carrier, permanent residents are required to present their PR card. However, for newcomers to Canada, a PR Card is issued upon their arrival if they provide an address to Immigration, Refugees, and Citizenship Canada (IRCC) within 180 days. This process is typically initiated automatically upon acquisition of permanent resident status.

To be eligible for PR Card renewal, a permanent resident must have resided in Canada for at least 730 days within the last 5 years. PR Cards are usually issued for a 5-year period. If a permanent resident needs to travel to Canada but does not possess a valid PR Card, they must apply for a Permanent Resident Travel Document (PRTD) at a visa office or consulate in their country, provided they meet residency requirements.

Permanent residents should only apply for a new PR Card if their current one is expired or will expire within 9 months, or if updates to personal information such as citizenship, date of birth, or legal name are necessary. Additionally, applications for a new PR Card can be made in cases of loss, destruction, or theft. It's important to note that the absence of a valid PR Card does not result in loss of permanent resident status; the status remains intact until a final determination is made by the Immigration and Refugee Board. For information on residency appeals, refer to this link.

Renewal is the process of applying to extend or continue an existing immigration document or status. For example, individuals may apply to renew their work permits, study permits, or temporary resident visas to maintain their legal status in Canada. This process involves submitting updated documentation and meeting the eligibility criteria set out by Immigration, Refugees, and Citizenship Canada (IRCC).

A notary public possesses the authority to witness, certify, and authenticate the execution of documents, as well as to certify documents as true copies of the original. Additionally, they hold the powers of a commissioner for taking affidavits, enabling them to administer oaths and affirmations and to take affidavits, declarations, and affirmations. While the Commissioner for Taking Oaths Act mandates that the deponent or declarant must be physically present before the commissioner during commissioning, section 9(2) of the Act allows for remote commissioning in certain circumstances.

Notaries serve as impartial public officials capable of administering oaths and affirmations, taking declarations, witnessing signatures, and certifying document copies. The documents notarized by them are valid for use in any jurisdiction, whether within or outside Canada. However, if the notarized document is intended for use outside Canada or the jurisdiction where it was signed, it may require authentication for recognition by other jurisdictions. Authentication is a free process that verifies the genuineness of the signature, the official’s position, and the seal on a certified document. Once authenticated, the document is recognized as a valid copy by other jurisdictions or countries.

Before sending a document to the destination country or jurisdiction, it is essential to check if authentication is required by contacting the embassy or consulate of the destination country within Canada.

Our notarization services encompass various functions, including but not limited to:

• Immigration Documents
• Administering Oaths
• Taking Declarations
• Witnessing Signatures
• Certifying Document Copies
• Certifying Translations in English