At Babel Immigration Law, we are experienced in all categories of permanent residence, and the temporary work options that are sometimes required to support a successful transition to permanent status in this country. Additionally, we can help to support you where the unexpected occurs, and there is some form of inadmissibility (medical, criminal or other).
Canadian Immigration Services
WORKING WITH YOU TO FIND CLARITY IN IMMIGRATION
CANADIAN IMMIGRATION SERVICES FOR INDIVIDUALS
The pathway to permanent residency and citizenship can take many different forms.
Find out if you are eligible for immigration through Express Entry, a Post-Graduate Work Permit, a Business/Investor, or Family Sponsorship.
We provide the following Canadian Immigration services for Individuals:
Express Entry is a system used by the Government of Canada to manage and select candidates for immigration to Canada through various federal economic immigration programs. It was introduced in January 2015 and is designed to streamline the immigration process for skilled workers who want to become permanent residents of Canada. Express Entry is primarily for individuals and their families who wish to immigrate to Canada as economic immigrants.
Here’s how the Express Entry system works:
- Eligibility: To enter the Express Entry pool, candidates must be eligible for one of the three main federal economic immigration programs:
- Federal Skilled Worker Program
- Federal Skilled Trades Program
- Canadian Experience Class
- Express Entry Profile: Candidates create an online profile that includes information about their age, education, work experience, language skills, and other factors that contribute to their eligibility.
- Comprehensive Ranking System (CRS): Each candidate is assigned a score in the CRS, which considers factors like age, education, work experience, language proficiency, and other criteria.
- Ranking and Selection: Candidates are ranked against each other based on their CRS scores. Periodically, the Canadian government conducts Express Entry draws, where the highest-ranked candidates receive Invitations to Apply (ITAs) for permanent residence.
- Invitation to Apply: Candidates who receive an ITA have a certain amount of time to apply for permanent residence. They need to provide the required documentation and meet the necessary criteria.
- Permanent Residence: Successful applicants are granted permanent residence in Canada and can then live and work anywhere in the country.
Express Entry has made the immigration process to Canada more efficient and transparent. It allows the Canadian government to select candidates with the skills and qualifications that are in demand in the Canadian labor market. It also prioritizes candidates who are likely to successfully integrate into Canadian society and contribute to the country’s economy.
A Provincial Nominee Program (PNP) is an immigration program specific to Canada. It is designed to allow individual provinces and territories in Canada to nominate individuals who wish to immigrate to that particular province or territory. Each province and territory in Canada, except for Quebec, has its own PNP.
The Provincial Nominee Program is an important component of Canada’s immigration system, as it allows provinces and territories to select candidates who have the skills, work experience, and other qualifications that are in demand in their region. The provinces and territories can nominate candidates for permanent residency in Canada through the PNP.
Here’s how the PNP generally works:
- Eligibility Criteria: Each province or territory has its own set of eligibility criteria, which may vary based on their specific economic and demographic needs. These criteria may include factors such as work experience, education, language proficiency, and connections to the province.
- Application Process: To apply for a provincial nomination, you typically need to express your interest in a specific province or territory’s PNP, create an online profile, and submit an application. If your application is approved, you will receive a provincial nomination certificate.
- Express Entry: Some provinces also have PNP streams linked to the federal Express Entry system. Express Entry candidates with a provincial nomination receive additional Comprehensive Ranking System (CRS) points, which significantly boost their chances of receiving an invitation to apply for permanent residency at the federal level.
- Apply for Permanent Residency: Once you have a provincial nomination, you can then apply for permanent residency through the federal government. The nomination from a province or territory is a crucial step in your immigration process.
A spousal sponsorship by the Immigration, Refugees, and Citizenship Canada (IRCC) is a program that allows a Canadian citizen or permanent resident to sponsor their spouse or common-law partner for permanent residency in Canada. The IRCC facilitates family reunification by enabling eligible individuals to sponsor their foreign national spouse or partner, allowing them to live together in Canada as permanent residents.
To be eligible for spousal sponsorship through IRCC, the sponsor must meet certain criteria, including:
- Being a Canadian citizen or a permanent resident.
- Being at least 18 years of age.
- Proving the ability to support their spouse financially during the sponsorship period.
- Demonstrating that the relationship is genuine and not entered into for immigration purposes.
- Agreeing to take on financial responsibility for their spouse for a specific period (usually three years) after they become a permanent resident.
- Meeting certain sponsorship obligations, including providing financial support, ensuring the sponsored person does not require social assistance, and helping them integrate into Canadian society.
The sponsored spouse or partner must also meet certain eligibility requirements, including passing medical and security checks.
Sponsoring someone for permanent residence in Canada typically involves family reunification or support for refugees. The Canadian government offers several sponsorship programs, the main ones being:
- Family Sponsorship: Canadian citizens and permanent residents can sponsor certain family members to become permanent residents in Canada. Eligible family members may include a spouse, common-law partner, conjugal partner, dependent children, parents, and grandparents.
- Spouse or Common-Law Partner Sponsorship: If you are a Canadian citizen or permanent resident and you have a spouse or common-law partner who is a foreign national, you can sponsor them for permanent residence in Canada.
- Parent and Grandparent Sponsorship: You can sponsor your parents and grandparents to join you in Canada as permanent residents. However, the government has limited the number of applications accepted each year and typically uses a lottery system.
- Dependent Child Sponsorship: If you are a Canadian citizen or permanent resident and have dependent children abroad, you can sponsor them to come to Canada as permanent residents.
- Refugee Sponsorship: Canadians can sponsor refugees under the Private Sponsorship of Refugees Program. This allows individuals, community groups, or organizations to sponsor refugees for resettlement in Canada.
- Humanitarian and Compassionate (H&C) Grounds: In exceptional cases, individuals in Canada without legal status may apply for permanent residence on humanitarian and compassionate grounds, if they can prove that they would experience unusual and undeserved hardship if they were removed from Canada.
To sponsor someone for permanent residence in Canada, you must meet certain eligibility criteria, including being a Canadian citizen or permanent resident and meeting financial requirements. The sponsored person must also meet eligibility criteria, and the sponsor must commit to financially supporting the sponsored individual for a certain period. The application process can be complex and may take several months or even years, depending on the specific program.
Applying for Canadian citizenship involves several steps and requirements. As of my last knowledge update in September 2021, the process may have evolved, so I recommend visiting the official Immigration, Refugees, and Citizenship Canada (IRCC) website for the most up-to-date information. Here’s a general guide on how to apply for Canadian citizenship:
- Determine Your Eligibility: You must meet certain eligibility criteria to apply for Canadian citizenship. Some of the common requirements include:
- You must have been a permanent resident of Canada for at least 1,095 days (3 years) out of the last 5 years before applying.
- You must have filed your taxes for at least 3 years within the 5-year period, if required under the Income Tax Act.
- You must demonstrate adequate knowledge of English or French if you are between the ages of 18 and 54.
- You must have filed your taxes, if required under the Income Tax Act, for at least 3 years within the 5-year period, and have not been asked to pay any owed taxes.
- Gather Documents: You will need various documents to support your application, such as proof of your permanent residency, language proof, tax documents, travel history, and more. Ensure that you have all the necessary paperwork in order.
- Language and Citizenship Test: If you are between the ages of 18 and 54, you may need to take a language proficiency test and a citizenship knowledge test.
- Fill Out the Application: You will need to complete the Canadian citizenship application form (CIT 0002) and provide all the required information and documents.
- Pay the Application Fee: As of my last knowledge update, there was an application fee associated with applying for Canadian citizenship. Check the IRCC website for the most current fee information.
- Submit Your Application: You can submit your application either online or by mail, depending on your eligibility and preference. Online applications are often processed faster.
- Attend a Citizenship Ceremony: If your application is approved, you will receive a notice to attend a citizenship ceremony. During the ceremony, you’ll take the Oath of Citizenship, officially becoming a Canadian citizen.
- Receive Your Citizenship Certificate: After taking the Oath of Citizenship, you’ll be presented with a citizenship certificate as proof of your Canadian citizenship.
Maintaining permanent resident (PR) status in Canada is crucial if you want to continue enjoying the benefits of being a permanent resident, such as access to healthcare and social services. Here are some key steps to maintain your PR status in Canada:
- Physical Presence Requirement:
- To maintain your PR status, you must be physically present in Canada for at least 730 days (2 years) out of the last 5 years. These 730 days don’t need to be consecutive.
- Renewing Your PR Card:
- If your PR card (the official proof of your PR status) is close to expiring or has already expired, you should apply for a new one. To be eligible, you must have been in Canada for at least 730 days out of the last 5 years. Renew your PR card as soon as it’s eligible for renewal.
- Avoiding Criminal Activity:
- You must not be involved in any criminal activities that could lead to the revocation of your PR status.
- Abide by Canadian Laws:
- Ensure that you obey Canadian laws and regulations.
- Obeying Immigration Regulations:
- Don’t misrepresent information in your immigration application or do anything that could jeopardize your status.
- Returning from Travel:
- If you travel outside Canada, make sure you return within the required timeframes to maintain your PR status. Prolonged absences can lead to PR status loss.
- File Taxes:
- File Canadian income taxes every year, even if you have no income, to prove your connection to Canada. This is essential for maintaining PR status.
- Provincial Health Insurance:
- Make sure you maintain provincial health insurance, as this is often linked to your PR status. Being without health insurance can be a red flag.
- Consider a PR Travel Document:
- If you need to travel and your PR card has expired or is close to expiring, you can apply for a PR Travel Document to return to Canada.
- Understand Residency Obligations:
- Familiarize yourself with the residency obligations and keep records of your time spent in Canada, such as entry and exit dates, employment records, and other supporting documents.
If you’re unable to meet the physical presence requirement or have other exceptional circumstances, you may apply for a Travel Document and explain your situation to the immigration authorities. They will assess your case on an individual basis.
The Immigration Appeal Division (IAD) in Canada is a part of the Immigration and Refugee Board (IRB). It deals with immigration-related appeals, specifically those cases involving sponsorships, removal orders, residency obligation appeals, and certain refugee appeals. When an individual disagrees with a decision made by Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA), they may appeal to the IAD.
Litigation at the Immigration Appeal Division involves a formal legal process, and it’s crucial to understand the procedures and requirements. Here’s an overview of how litigation at the IAD typically works:
- Eligibility: You must first determine whether your case is eligible for an appeal to the IAD. Common cases include sponsorship appeals, removal order appeals, and residency obligation appeals.
- Filing the Notice of Appeal: To begin the appeal process, you’ll need to submit a Notice of Appeal to the IAD. This document outlines your reasons for appealing and should be submitted within the designated timeframe.
- Case Conference: The IAD may schedule a case conference to discuss the appeal, clarify issues, and determine the next steps.
- Document Disclosure: Both you and the government (represented by the Minister’s counsel) are typically required to exchange relevant documents and evidence before the hearing.
- Hearing: A hearing is scheduled where you’ll present your case, and the Minister’s counsel will present theirs. The IAD member will review the evidence, ask questions, and make a decision based on the facts and law.
- Decision: The IAD will issue a written decision after the hearing, which can take some time. The decision can be to allow or deny the appeal, or it may provide specific instructions or recommendations.
- Appealing the Decision: If you are dissatisfied with the IAD’s decision, you may have the option to seek a judicial review through the Federal Court of Canada. This is a separate legal process and involves reviewing whether the IAD followed the law correctly in making its decision.
- Compliance and Next Steps: If the IAD allows your appeal, you may need to comply with certain conditions or requirements, depending on the nature of the case.