Rajpal (Admin)
Forum Replies Created
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A sponsor has to fulfill the income requirements as per IRPA and IRPR. If a sponsor has less income than required, can not pick and choose the applicants based on their income. A sponsor will be eligible or not eligible, only a spouse can be a co-signer. Two brothers or two sisters or a brother and sister can not combine their income for the sake of sponsorship for parents or/and grandparents.
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On October 05, 2020, The Honourable Marco E. L. Mendicino, Minister of Immigration, Refugees and Citizenship, announced details for the opening of the 2020 Parents and Grandparents (PGP) Program, building further on the government’s commitment to reuniting families.
The ‘Interest to Sponsor’ form will be made available over a 3-weed period, from 12 p.m. EDT on October 13, 2020, to 12 p.m. EST on November 3, 2020. In order to ensure a fair, transparent and equal opportunity for applicants, Immigration, Refugees and Citizenship Canada (IRCC) will randomly select potential sponsors and send them an invitation to submit an application. Selected applicants will have 60 days to submit their application. For further information please visit the following link:
https://www.canada.ca/en/immigration-refugees-citizenship/news/2020/10/government-of-canada-announces-details-for-opening-of-2020-parents-and-grandparents-program.html.
You can contact our office if you need assistance in submission of full application for your parents or grandparents.
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Please look at the job contract signed for the job or the letter of employment issued by the employer. Some employers include training and start paying from the beginning of the training but others provide training and then start paying. Just go through your documents, you will find the answer.
Please do not post the contract or letter of employment on this public forum. If you will find difficult to figure out, bring the signed contract to our office or send us an email, we can clarify for you. Good Luck !
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It is true that IRCC local offices have resumes operations for interviews and oath taking ceremonies for Canadian citizenship matters from 21 September 2020. Anyhow, this does not mean that immigration and citizenship applications will be processed very quickly now because lots of officers have been working from homes due to keep social distancing. All officers can not be accommodated in their respective offices. The officers who has resumed in person interviews or oath ceremonies will be observing social distancing; therefore, the matters will be processed but not at the same speed as before the Covid-19 era.
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There is no limit in IRPA or IRPR, but you need to prove reasonableness. If it’s for an accompanying dependent, that length of time is reasonable. The Visitor Record should be applied for the same timeframe as the principal applicant’s work permit.
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No, the employer must be an individual. The work must take place in a private residence.
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Generally, If you’ve been convicted of driving while impaired, you may be inadmissible to Canada for serious criminality. This is because DUI now has a maximum jail time of 10 years and this constitutes a serious crime (https://www.justice.gc.ca/eng/cj-jp/sidl-rlcfa/) . This means that you generally can’t enter Canada.
In your case, I would suggest that you inform IRCC of your husband’s charges because it may impact your application. Doing it over webform would be the best option. Most likely, the DUI will have a negative impact on your application.
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Due to the pandemic, visitors who are currently in Canada and have a valid job offer will be able to apply for an employer-specific work permit and, if approved, receive the permit without having to leave the country.
However, the applicant must
- have valid status in Canada as a visitor on August 24, 2020 and remain in Canada
- have a job offer
- submit an application for an employer-specific work permit that is supported by a Labour Market Impact Assessment (LMIA) or an LMIA-exempt offer of employment, no later than March 31, 2021
- meet all other standard admissibility criteria
For more details, check the following link: https://www.canada.ca/en/immigration-refugees-citizenship/news/2020/08/new-temporary-public-policy-will-allow-visitors-to-apply-for-a-work-permit-without-having-to-leave-canada.html
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Crown Immigration provides professional immigration services to the community, but we do not provide services in helping you find an employer. I suggest that you try to find an employer by searching on job banks. The employer you find must have not been found non-compliant in any related matters in the past (https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/employers-non-compliant.html).
There are many other requirements that you and your employer must be compliant by, such as:
– The job offer must be for a full-time and permanent position
– The job must not affect the employment of a person involved in a labour dispute
For for a list of full requirements, refer to the following link:
https://www.ontario.ca/page/oinp-employer-job-offer-demand-skills-stream#section-5
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The officer did his/her best to find your brother through email and phone which were provided in your brother’s application. Since there was no new fee with the application, the officer was unable to make any decision. Finally, he/she gave procedural fairness opportunity to your brother but no one responded; therefore, the officer not only refused the application but also banned him for 5 years under s-40 of IRPA means misrepresentation. The officer decided that your brother has knowingly submitted the fee receipt which was already used in his previous application. The intention seems suspicious because when procedural fairness letter was sent by IRCC, your brother did not even respond. The clarification will not work now that it was not your brother but his agent. The agent may not be an authorized representative (member ICCRC); who did not have any fear because he will not have any licence to lose. This is the reason that you should avail the services of professional immigration consultants or lawyers.
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Under IRPR s.87.1(3)(b), self employment does not count towards your work experience for CEC matters. Being a freelancer is considered the same as owning a company/business. Depending on your eligibly, you can try filing your application under FSW as self-employment does count towards work experience. Alternatively, you can try to get valid work experience prior to submitting your CEC application.
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She can invite her husband on an open work permit when she will be attending college/university. She needs to prove that she is actively pursuing her studies. She is not eligible to invite now as she is on official break at present.
Further, if her studies will be expiring soon the work permit will be valid until then if he gets. If the officer thinks, the studies will be completing soon, (s)he may refuse the application on that basis.
Furthermore, if she obtains PGWP and works full-time on NOC Level O, A, Or B job, she would be eligible to invite her husband on an open work permit. She needs to prove that she is really working on NOC O, A, or B.
Last but not least, you will have to convince the officer to approve your husband’s application. It would be a big hurdle because, even though 5 years ban will be over soon but it does not mean that an officer will give visa easily. Try to convince the officer by writing effective submissions. Use section 25 of IRPA for the best interest of their children keeping in mind that the inviter is neither a Canadian citizen nor a permanent resident in Canada and has convinced officer before obtaining study permit that she will be back upon completion of studies even though there is dual intent present as well. How long it will take, nobody can predict that. One thing is sure that it would not be an easy case so handle it carefully or obtain the professional services of a lawyer or an immigration consultant.
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If your cousin was under removal order, he does not fit under the public policy which grants PR to the spouses of Canadian citizens or permanent residents even though their status in Canada has expired already.
You did good if you helped to write mercy letter in response to the procedural fairness letter he received. You have not mentioned any children, otherwise you can write submission in the best interest of child(ren).
The recourse you have now is file JR to borrow some time and meanwhile you can file H&C application and TRP application. If H&C application will be accepted, well and fine otherwise try to get 5 years TRP so that you can file for permanent after 3 years.
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Due to Covid-19, in person oath ceremonies for Canadian citizenship have been cancelled. The virtual ceremonies are rather taking place to keep in mind the heath and safety of the citizenship judges, the staff, and citizens.
You will enjoy the virtual oath ceremony. You will be sent a link through email. You would join the citizenship court through zoom. You will be given instructions and asked to cut your PR Card into pieces in front of the camera. You will be sent the form CIT0049 and asked to sign it, and send the scanned form back by email. Finally, the oath for Canadian citizenship will be given to you and you will proudly join the big Canadian family. You will receive your Canadian citizenship certificate in the mail between 2-4 weeks.
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In the case of minors, there are two scenarios in regards to Canadian citizenship:
1) If the minor has a Canadian parent(s) who is also applying for Canadian citizenship at the same time as the minor, then the minor DOES NOT have any residency requirement
2) If there is no parent(s) applying for Canadian citizenship at the same time, then the minor DOES have residency requirements
In you friends case, since the parents are already Canadian citizens, their son will have to meet the minimum residency requirements.
For further information about Canadian citizenship residency requirements:
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In cases such as yours, there is not guarantee that your PR card status will be reinstated. You can try to obtain a permanent resident travel document (PRTD). This is a document that allows you to return to Canada even if your PR card is invalid. In your case it is very important you ask for a PRTD on H&C grounds. This would probably be your best bet. H&C submissions can be tricky so I recommend that you get the assistance of a professional immigration consultant or lawyer.
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Being an officer of court, we have an absolute ethical duty to upheld our profession; therefore, we can not serve and satisfy all who come to us. No doubt, you can refer to me but I will only take the client if he will be willing to provide the information to IRCC truthfully and admit any wrong information given in the past. The matter could be mitigated at the initial stages but there will not be any explanation if officer finds it later on and sends him a procedural fairness letter.
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If your friend has education and experience, he can apply under FSW class. He is right he can not apply for permanent residence in Canada with his diplomatic (Burgundy Colour) passport. He needs general passport (Blue Colour) for the purposes of immigrating to Canada. Here is the relevant sections of IRPR with respect to your question.
Documents Required
Marginal note:Documents — permanent residents
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50 (1) In addition to the permanent resident visa required of a foreign national who is a member of a class referred to in subsection 70(2), a foreign national seeking to become a permanent resident must hold
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(a) a passport, other than a diplomatic, official or similar passport, that was issued by the country of which the foreign national is a citizen or national;
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(b) a travel document that was issued by the country of which the foreign national is a citizen or national;
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(c) an identity or travel document that was issued by a country to non-national residents, refugees or stateless persons who are unable to obtain a passport or other travel document from their country of citizenship or nationality or who have no country of citizenship or nationality;
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(d) a travel document that was issued by the International Committee of the Red Cross in Geneva, Switzerland, to enable and facilitate emigration;
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(e) a passport or travel document that was issued by the Palestinian Authority;
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(f) an exit visa that was issued by the Government of the Union of Soviet Socialist Republics to its citizens who were compelled to relinquish their Soviet nationality in order to emigrate from that country;
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(g) a passport issued by the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong;
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(h) a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China; or
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(i) a passport issued by the United Kingdom to a British Subject.
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Marginal note:Exception — protected persons
(2) Subsection (1) does not apply to a person who is a protected person within the meaning of subsection 95(2) of the Act and holds a permanent resident visa when it is not possible for the person to obtain a passport or an identity or travel document referred to in subsection (1).
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(3) [Repealed, SOR/2010-54, s. 1]
- SOR/2008-253, s. 1
- SOR/2010-54, s. 1
- SOR/2011-125, s. 1
- SOR/2014-139, s. 1(F)
- SOR/2016-298, s. 1(F)
Marginal note:Designation of unreliable travel documents
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50.1 (1) The Minister may designate, individually or by class, passports or travel or identity documents that do not constitute reliable proof of identity or nationality.
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Marginal note:Factors
(2) The Minister shall consider the following factors in determining whether to designate any passport or travel or identity document, or class of passport or travel or identity document, as not being reliable proof of identity or nationality:
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Marginal note:Effect of designation
(3) A passport or travel or identity document that has been designated under subsection (1) is not a passport or travel or identity document for the purpose of subsection 50(1) or 52(1).
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Marginal note:Public notice
(4) The Minister shall make available to the public a list of all passports or travel or identity documents designated under subsection (1).
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The person has not only committed misrepresentation under section 40 of Immigration and Refugee Protection Act (IRPA), but has violated section 122 of IRPA as well.
Misrepresentation
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40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation
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(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
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(b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;
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(c) on a final determination to vacate a decision to allow their claim for refugee protection or application for protection; or
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(d) on ceasing to be a citizen under
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(i) paragraph 10(1)(a) of the Citizenship Act, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, in the circumstances set out in subsection 10(2) of the Citizenship Act, as it read immediately before that coming into force,
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(ii) subsection 10(1) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act, or
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(iii) subsection 10.1(3) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act.
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Marginal note:Application
(2) The following provisions govern subsection (1):
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(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order is enforced; and
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(b) paragraph (1)(b) does not apply unless the Minister is satisfied that the facts of the case justify the inadmissibility.
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Marginal note:Inadmissible
(3) A foreign national who is inadmissible under this section may not apply for permanent resident status during the period referred to in paragraph (2)(a).
Documents
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Marginal note:Proof of offence
(2) Proof of the matters referred to in subsection (1) in relation to a forged document or a document that is blank, incomplete, altered or not genuine is, in the absence of evidence to the contrary, proof that the person intends to contravene this Act.
Marginal note:Penalty
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Marginal note:Aggravating factors
(2) The court, in determining the penalty to be imposed, shall take into account whether
- 2001, c. 27, s. 123
- 2012, c. 17, s. 44
Previous VersionGeneral Offences
Marginal note:Contravention of Act
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124 (1) Every person commits an offence who
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(a) contravenes a provision of this Act for which a penalty is not specifically provided or fails to comply with a condition or obligation imposed under this Act;
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(b) escapes or attempts to escape from lawful custody or detention under this Act; or
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(c) employs a foreign national in a capacity in which the foreign national is not authorized under this Act to be employed.
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Marginal note:Deemed knowledge
(2) For the purposes of paragraph (1)(c), a person who fails to exercise due diligence to determine whether employment is authorized under this Act is deemed to know that it is not authorized.
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Marginal note:Due diligence defence
(3) A person referred to in subsection 148(1) shall not be found guilty of an offence under paragraph (1)(a) if it is established that they exercised all due diligence to prevent the commission of the offence.
Marginal note:Penalties
125 A person who commits an offence under subsection 124(1) is liable
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(a) on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both; or
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(b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.
Marginal note:Counselling misrepresentation
126 Every person who knowingly counsels, induces, aids or abets or attempts to counsel, induce, aid or abet any person to directly or indirectly misrepresent or withhold material facts relating to a relevant matter that induces or could induce an error in the administration of this Act is guilty of an offence.
Marginal note:Misrepresentation
127 No person shall knowingly
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(a) directly or indirectly misrepresent or withhold material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
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(b) communicate, directly or indirectly, by any means, false or misleading information or declarations with intent to induce or deter immigration to Canada; or
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(c) refuse to be sworn or to affirm or declare, as the case may be, or to answer a question put to the person at an examination or at a proceeding held under this Act.
- 2001, c. 27, s. 127
- 2015, c. 3, s. 115(F)
Marginal note:Penalties
128 A person who contravenes a provision of section 126 or 127 is guilty of an offence and liable
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(a) on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not more than five years, or to both; or
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(b) on summary conviction, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both.
Marginal note:Offences relating to officers
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129 (1) Every person is guilty of an offence who
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(a) being an officer or an employee of the Government of Canada, knowingly makes or issues any false document or statement, or accepts or agrees to accept a bribe or other benefit, in respect of any matter under this Act or knowingly fails to perform their duties under this Act;
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(b) gives or offers to give a bribe or consideration to, or makes an agreement or arrangement with, an officer to induce the officer not to perform their duties under this Act;
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(c) falsely personates an officer or by any act or omission leads any person to believe that the person is an officer; or
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(d) obstructs or impedes an officer in the performance of the officer’s duties under this Act.
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Marginal note:Punishment
(2) Every person who is guilty of an offence under subsection (1) is liable
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The answer to your question depends on the category you’re applying for.
If you are applying for a ‘Working Holiday’, you DO NOT need a job offer to submit your profile.
For the ‘Young Professionals or International Co-op (Internship)’ category, you must have a signed letter of offer or contract of employer for a:
– job;
– work placement; or
– internship
If you receive an invitation to apply for a work permit, you should contact your employer. Your employer must do the following things before you submit your work permit application:
– pay the employer compliance fee ($230 CAD); and
– complete and submit an offer of employment to IRCC
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As you are aware that PGP for 2020 is not open yet but if opens you can try your luck in that draw. It may be possible that if PGP does not open in 2020, may be IRCC will double the applications in 2021. Remember to keep your mother’s status legal in Canada. Your mother might have shown the required insurance at port of entry that is why she has two years valid entry in Canada. Extend your mother’s status in Canada on time or send her back and she may re-enter if her passport and super visa will be valid. Moreover, it depends upon the Covid-19 situation in the future and continuation of flights etc.
Further, you can request for re-consideration for H&C decision or you can go for judicial review in Federal Court but it depends upon the evidence and submissions whether the officer will change his/her decision or the Federal Court will grant you leave etc. You can email us the submissions along with application and the decision. We will provide you our opinion asap.
Furthermore, you can submit H&C application in the future as well with more solid evidence and persuasive submissions. You have maintained your income; therefore, you can be eligible for PGP as well.
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It would not be an issue if she would be coming to Canada on a permanent resident basis. She can renew her passport upon reaching in Canada easily because she will have permanent status in Canada then. Now, she will only get an entry into Canada less than the expiry of her passport and visa or she could be denied entry into Canada.
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You are on right track. Your wife does not need to renew her passport at this stage as the visa has been issued and all the details of her present passport are mentioned there and on the COPR. If she renews her passport now, she will have first of all trouble at boarding time to prove that she is the same person and proof if Canadian High Commission is aware of this change. The second major problem will occur at landing time because the officer will have different document into hands and the information in the computer (even if she will be holding previous passport as well). The further problem will be faced at Service Canada Centre for obtaining Social Insurance Number (SIN) online or in person. Furthermore, you will have hassle at Service Ontario for obtaining a Ontaio Health Insurance Plan (OHIP) card. It may continue till obtaining a driver’s licence etc.
Even if you will send an email to Canadian High Commission that you have renewed your Indian passport, it will be impossible to get a new COPR quickly because you will have to submit the passport and COPR to the Canadian High Commission. The High Commission will verify the documents (Passports) and cancel the previously issued visa and COPR and re-issue a new visa and COPR.
Due to Covid-19 the processing in all the offices have slowed down drastically. Basically, you will delay your landing further un-necessarily. I will suggest, just land with your present documents and then renew you passport in Canada.
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Before opening the link for the interest forms for PGP 2018, IRCC has given clear cut instructions that a sponsor who submits multiple interest forms will be penalized for taking advantage by filling out more than one interest form. If you had any technical glitch, you may have explained it while submitting the permanent resident application for your parents. You can do a follow-up by sending a webform along with supporting documents (if you have any). A senior officer or manager would decide the fate of your application – whether it should be approved or rejected as per the instructions given ahead. Furthermore, due to covid the processing of applications has been slow all over offices. Moreover, once things get back to normal, you can send a writ of mandamus to IRCC.
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An officer who is in the process of making a decision on your application is investigating the genuineness of your marriages. As you said, your divorce took place because of adultery, in such cases it is unusual for the divorce to have been consensual. Therefore, the officer is probably suspicious and wondering whether your marriages were genuine or not and whether the child is someone else’s you may know. The officer might have a doubt that there was some alimony arrangements made. I would suggest that you contact a lawyer for help with this matter. You and your ex-wife should both get separate lawyers. If you had same lawyer in the past, one of you might take Independent Legal Advise (ILA). Once you have signed the alimony agreement, you can send the document to the immigration department along with the supporting documents.
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Once you have submitted your spousal sponsorship application, you will be given a chance to explain yourself in an interview before the officer makes a decision. Both of you can prove the genuineness of your marriage through your responses to the questions of the visa officer. I don’t suggest personally handing the caselaw in advance in your case. The case laws could be beneficial where there would be no interviews and the decision can be made by an officer without the need of further clarification. For example, a visitor visa where an application has already been refused once, twice or more, the appropriate caselaw can be submitted to influence the decision of the officer. In cases like humanitarian & compassionate applications, caselaw can persuade the officer to make a decision according to the rulings given by IAD or any other courts of the land.
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If the children are from your wife and she was a Canadian citizen at the time she sponsored you, they will get Canadian passports.
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The sponsorship of fiancee category was in fact available long time ago. It disappeared on June 28, 2002 when ‘Immigration and Refugee Protection Act’ came into effect.
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Pursuant to IRPA section 25(1), Foreign nationals who are inadmissible, or who do not meet the requirements of IRPA/IRPR, may make a written request for consideration. A foreign national residing OUTSIDE Canada is not eligible to be considered under H&C if any of the following apply:
- they do not meet the requirements of Ministerial Instructions relevant to the category in which they make their application
- they are inadmissible A34, A35 or A37 (application received after June 19, 2013)
- they are subject to a bar under A25(1.2)
Applications for H&C submitted outside Canada must be accompanied by an application for permanent resident status in one of the following three classes: family, economic, or refugee).
In your mother’s case, you can file a H&C application for her while she is in Nepal but you will have to submit all the required documents for a permanent resident application.
For further information regarding H&C applications made outside Canada, click on the following link:
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When a case is refused, the applicant can seek a remedy from the law by appealing the decision of the officer to a higher authority. In regards to Canadian immigration matter, a decision can be appealed either to the Immigration Appeal Division (IAD) or to the Federal Court of Canada for Judicial Review, depending on the type of immigration matter.
The following matters can be appealed to the IAD:
1) Sponsorship refusal
2) Removal orders
3) Residency obligations
You have 30 days to file a notice of appeal to the IAD after receiving your refusal letter. If the appeal is dismissed (refused) at IAD, the applicant has 15 days from the date he or she received the refusal to file an Application for Leave and for Judicial Review to the Federal Court of Canada to review the correctness of the decision made by IAD.
Unlike Immigration Appeal Division, any decision made by IRCC can be judicially reviewed. The following are some examples of immigration matters that can be judicially reviewed:
1) Work permit
2) Study permit
3) Investor programs
4) H&C applications
5) Spousal sponsorship appeals
6) Family class sponsorship appeals
7) Citizenship appeals
8) Residency obligation appeals
9) Deportation appeals
10) Refused Refugee Claims
Unlike IAD, the Federal Court cannot approve your visa or application – rather the Federal Court can only determine whether the previous decision of the immigration officer was reasonable and correct in law. If it is proven in Federal Court that the decision was unreasonable and incorrect in law, your case will be sent back to be examined by a different Board or Officer for re-determination.
Moreover, the hearing that takes place at IAD is a ‘De novo’ hearing. This means that you may submit fresh new evidence during the appeal process to support your case. Whereas in Judicial review, the judge will render their decision based on the evidence that was available to the immigration officer at the time the decision was made on your case.
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I will suggest that you should get ECA done for both B.Com and M.Com.
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You need not worry. Just inform IRCC via webform, you will definitely get additional time for landing. If you are not comfortable doing by yourself, retain an immigration professional who can do it for you. Good Luck !
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You do not need to waste time. You can apply TRP and Work Permit applications at the same time. It is rather preferable for a TRP to accompany an application for another immigration category. If you will choose to do separately, make sure you have at least six months validity of TRP before submitting application for work permit.
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If the documents submitted do not provide adequate proof of a genuine conjugal relationship within the context of a marriage or common-law relationship, or if officers doubt that the applicant is living with the sponsor, an officer may request additional information or schedule an interview. Pursuant to IRPR s.41(1), an officer has the discretion, on a case-by-case basis, to request that the sponsor and applicant complete and submit a Supplementary Relationship Questionnaire and/or to convoke them for an interview.
During your interview, you can expect to be asked questions about your marriage ceremonies, your partner’s likes/dislikes, information about each other’s families, etc. Basically, the officer can ask any question that is relevant to your case in order to determine whether your marriage is genuine. Go to the interview prepared because it is a very serious matter. Crown Immigration can assist you in preparing for the interview. Please contact our office for more details.
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Pursuant to the IRCC guidelines, you may apply for a PGWP either inside Canada or outside Canada as long as you are within 180 days from the date you completed your studies. Once you have applied for a PGWP, you may legally work in Canada while a decision is being made on your application if you meet the following requirements:
1) you had a valid study permit at the time you submitted your application
2) you have successfully completed your studies
3) you were eligible to work off campus without a work permit while studying and you didn’t work more hours than you were allowed to
In your case, you would be eligible to work in Canada even though you have not received your PGWP as of yet.
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I think you are getting a little confused about the terminology in regards to Canadian immigration. A temporary resident visa or a super visa is only an entry document and it CANNOT be extended. The purpose of the entry document is to allow the person to present themselves to a CBSA officer for examination. Once the CBSA officer has granted the person entry, the person will get status in Canada. Now, this status can be extended over and over usually 6 months at a time. Whether you apply for a super visa or just a regular visitor visa, you will have to keep extending your in-laws stay in Canada so that they remain in status.
If you would like your in-laws to stay in Canada on a permanent basis, you would have to try sponsoring them under the PGP class. The PGP intake for the current year has not yet begun so you would have to await news from IRCC.
Until then, I would suggest you extend their status again.
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Pursuant to the IRCC guidelines: generally, minor children do need to apply for a study permit from outside of Canada if they want to come to Canada to study. However, there are 3 exceptions to this general rule under which a minor child DOES NOT need to apply for a study permit:
1) one parent (biological or adoptive) is a Canadian citizen or permanent resident; or
2) one parent (biological or adoptive) is permitted to study or work in Canada; or
3) neither parent is physically in Canada.
Assuming that your niece and her husband are approved for a study & work permit respectively, the twins will not need to apply for a study permit.
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In alignment with the Canadian Charter of Rights and Freedoms and in recognition of the diversity of Canadians, an update was made to the definition/interpretation of a ‘parent’ in the context of Canadian citizenship. The new update allows non-biological Canadian parents who were their child’s legal parent at birth to pass down their Canadian citizenship to their children born abroad in the first generation.
This new update especially benefits Canadian parents who identify themselves under the LGBTQ2+ community. This is because until now, a child born abroad was automatically recognized as a citizen at birth only if the child shared a genetic link (biological parents) to the Canadian parent or if the child was born to a Canadian parent in the first generation.
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According to the IRCC operational bulletin’s latest update from July 6 2020, international students who already have a valid study permit, or were approved for a study permit on or before March 18, 2020, are exempt from the travel restrictions.
Your cousin’s application was approved on March 18, 2020 so she should be legally allowed to fly to Canada. However, IRCC had also advised that before boarding the plane, the person will need to pass a health check conducted by the airline staff. During the health check, your cousin may have shown some symptoms of covid-19, so she was not allowed to fly. I would suggest your cousin to get tested for covid-19 and if she is declared negative, she can try to fly to Canada again.
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Decision-makers are required to follow the rules of procedural fairness throughout the decision-making process.
Procedural fairness requires that applicants:
- be provided with a fair and unbiased assessment of their application
- be informed of the decision-maker’s concerns and
- have a meaningful opportunity to provide a response to concerns about their application
The requirement for procedural fairness applies to all types of immigration and citizenship applications and all aspects of decision-making.
What you have received is a procedural fairness letter to which you must respond carefully. You need to prove to the officer that your marriage is genuine and that you did not get married just for the sake of obtaining permanent residency in Canada. In order to prove the genuineness of your marriage, you can send documents such as:
– proof of communication (chats, phone records, letters, etc.)
– photographs of post-wedding outings
– joint bank account/property documents
– insurance documents (beneficiary)
– travel documents if visited after wedding
etc.
Moreover, the officer may assess your educational, cultural, social, economical backgrounds to determine whether the marriage is genuine. Be very careful when responding to the letter because this would be the last chance you get before your application is refused. I suggest getting the help of an immigration consultant/lawyer for this matter.
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According to IRPA s.42(1) & IRPR s.23, an applicant will be considered inadmissible if they have a family member (accompanying or non-accompanying) who is also inadmissible under medical & security grounds. The officer’s decision is based upon the medical report and police clearance certificate(s) of both you and your family members. In your case, you must also submit your husband’s medical & PCC along with your application.
In regards to your husband’s health concerns, a person can be found inadmissible under medical grounds if they are either a danger to public health, danger to public safety, or puts excessive demand on health or social services. The current excessive demand threshold is $21, 204/annum. This means that if your husband’s treatment costs are higher than the amount, he may be found inadmissible to Canada, consequently you would be found inadmissible too.
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As per the Regulations, there is no education requirement for the Canadian experience class. However, possessing educational credentials would likely improve your rank in the express entry pool. In order to receive points for your foreign educational credentials, you must obtain an educational credential assessment (ECA). You can try sending your transcripts to WES. You might receive an equivalency report stating that you have have an incomplete degree/diploma. For the purposes of your express entry rank, it is unlikely that you will receive points for an incomplete degree/diploma. Therefore, it is my recommendation that you complete your studies prior to filing your CEC application so that you can maximize your chances of approval.
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‘Immediate Family Member’ is not any category under Canadian immigration. It is a travel facility during Covid-19 that a foreign national who has valid visa and an immediate family member in Canada who is Canadian citizen or permanent resident, can enter Canada. Your uncle does not fall under this facility class. You can invite your uncle to visit you in Canada once Covid-19 Pandemic gets settled.
According to website of IRCC, as of June 8, 2020, 23:59 EDT, foreign nationals who are immediate family members (definition below) of Canadian citizens and permanent residents, and who do not have COVID-19 or exhibit any signs or symptoms of COVID-19, and who have no reason to believe they have COVID-19, will be exempt from the prohibition on entry to Canada if entering to be with an immediate family member for a period of at least 15 days. While this exemption may apply to certain individuals entering Canada, some provinces and territories may have different requirements that could affect entry.
An immediate family member refers to a person’s:
- spouse or common-law partner
- dependent child, as defined in Section 2 of the Immigration and Refugee Protection Regulations, or a dependent child of the person’s spouse or common-law partner
- dependent child, as defined in Section 2 of the Immigration and Refugee Protection Regulations, of a dependent child referred to in paragraph (b)
- parent or step-parent or the parent or step-parent of the person’s spouse or common-law partner
- guardian or tutor
Full details can be found here:
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As per IRCC R117(1)(h) “Lonely Canadian” Rule, a Canadian citizen or permanent resident can sponsor ONE adult son/daughter, brother, sister, uncle, aunt, niece/nephew to immigrate to Canada on a permanent basis. The person you are sponsoring must be related to you by blood. You cannot sponsor someone under the lonely Canadian rule if you have any of the following relatives living in Canada:
– Spouse/common-law partners
– Child
– Parent
– Grandparent
– Sibling
– Niece/Nephew
– Aunt/Uncle
As you have no relatives in Canada and no family members, whom you can sponsor anywhere else. Therefore, you qualify, and the children of the your nephew may be included in the same application.
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Yes, your sister can retain us for procedural fairness response services. I hope when officer made the decision on study permit application, (s)he may not have realized that the refusal of USA was not into existence when the study permit application was submitted.
Advise your sister to act quickly in the given time frame otherwise not only her application will be refused but she may be barred for 5 years to submit any application to Canada. Section 40 of ‘Immigration and Refugee Protection Act’ (IRPA) deals with misrepresentation.
Misrepresentation
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40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation
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(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
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(b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;
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(c) on a final determination to vacate a decision to allow their claim for refugee protection or application for protection; or
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(d) on ceasing to be a citizen under
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(i) paragraph 10(1)(a) of the Citizenship Act, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, in the circumstances set out in subsection 10(2) of the Citizenship Act, as it read immediately before that coming into force,
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(ii) subsection 10(1) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act, or
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(iii) subsection 10.1(3) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act.
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Marginal note:Application
(2) The following provisions govern subsection (1):
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(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order is enforced; and
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(b) paragraph (1)(b) does not apply unless the Minister is satisfied that the facts of the case justify the inadmissibility.
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Marginal note:Inadmissible
(3) A foreign national who is inadmissible under this section may not apply for permanent resident status during the period referred to in paragraph (2)(a).
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Due to Covid-19 Pandemic, IRCC implemented special provisions. Virtual interview or virtual landing is one of them. The letter you have received is your COPR and you will receive your PR Card soon in mail.
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The reason why you may have still received an ITA despite not having completed the minimum work experience requirement is because there is a glitch in the Express Entry profile calculation system. Basically, the system rounds up the dates to the end of each month (example: June 22, 2019 will get rounded up to June 30, 2019). If you were to decline your ITA, your application will not be refused as your express entry profile will be put back into the pool. You can then amend your work experience dates and await for a new ITA in the next draw.
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The universities, colleges, and schools are running online classes because of fear of Covid-19. Many schools, colleges, and universities arranged their graduation ceremonies virtually. Even law societies invited lawyers to bar virtually.
The virtual interviews and citizenship ceremony concepts are demand of future. It is not over. Who knows these things will become part and parcel of our life. Just wait, you will be ultimately invited for the oath either in person or virtually.
Update July 07, 2019: B.C. bill could allow digital wills, signatures and electronic witness. This bill has not become law yet. Please check the following link for further information about this bill:
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Get an affidavit from the parents of your husband that this birth certificate belongs to their son who was born on such and such date, month, and year. I hope this will serve your purpose. Apart from the affidavit, if the birth certificate is in native language e.g. Punjabi or Hindi etc., get it translated into English.
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Inter-caste marriage is not an issue here. A visa officer who will review your application will determine whether your marriage is genuine or not? To make the determination, a visa officer looks at various factors such as how the match got materialized, pre-wedding ceremonies, gap between 1st meeting and wedding day, wedding ceremony, gifts exchanged, number of guests, honeymoon, time spent together as a couple, proof of financial support, joint bank accounts, number of times sponsor visited the applicant, pregnancy or child(ren) born, life insurance beneficiary declaration, future plans etc. The most important task a visa officer will find that whether the marriage took place according to the customs and norms of the society where the marriage took place.
If the customs or norms of the society are not observed, the marriage will not be considered genuine. The application will be refused after the interview of the applicant or both the applicant and the sponsor. The sponsor will have right to appeal and can exercise.
In some cases where parents do not consent to the marriage of their children due to inter-caste issues, they threat or harm their children, then the couple can seek protection from the state (High Court). The police will be involved who will go to respective parents and warn them for the consequences etc. This does not mean that with this protection, your marriage will be considered genuine. You still need to prove that your marriage is genuine. This protection from state or high court would only explain why the parents did not attend your marriage.
The parents of one party may not agree but the relatives from her/his side and the parents from other side would be there. The so called ‘higher caste’ parents would be against but not the so called ‘low caste’ parents. If parents or relatives from both sides are not attending then the marriage would seem fishy to the visa officer deciding the application and would refuse your application.
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When an applicant submits an e-APR to IRCC, the information in his/her application is locked, and the CRS score at the time of the application is recorded in GCMS.
Please refer to the link below:-
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The Vancouver Immigration Appeal Division (IAD) will resume in person hearings on July 20, 2020. Effective August 05, 2020, all the parties are required to comply with all regular time limits as set out in IAD rules. The rest of the locations will resume in person hearings in the week of August 03, 2020. According to Suzanne Gilbert, Deputy Chairperson of IAD, all are encouraged to use email for submitting documents.
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We have 5 routing phone lines and our hours of operation are 9:00am to 6:00pm Monday to Friday. Our staff is well trained to handle the overwhelming flow of phone calls. You might have called in odd hours and could not speak to anyone in our office.
Further, due to Covid-19, we are working virtually. Anyone who emails us documents and questions are dealt according to time sensitivity of their matter or application.
You are not my existing client; therefore, we do not have any documents in our possession that we can quickly answer your question and file your application through express entry ASAP. Furthermore, express entry is not any application stream but one of the mode of submitting economic class applications. To assess you properly and promptly, you need to email us the following documents PROPERLY SCANNED NOT SNAP SHOTS WITH A PHONE:-
1) Your updated resume
2) Your present letter of employment
3) Your work permit and study permit
4) Your educational documents (Canada & other places)
5) Your educational credentials Assessment (e.g. ECA from WES)
6) Your IELTS result card for General and Academic (even expired)
7) Copy of your passport and identity documents from Canada
8) Police Clearance Certificate if you have obtained already
9) Any refusals if you have for Canada or any other country
10) If you are married then same documents for your spouse
11) If you have children, send identity documents & education
12) Any other documents or pieces of information you feel relevant to your case
Once we receive your documents, we will create your profile. Upon proper and prompt assessment, if you are eligible, we will inform you and give you an in person appointment. If you are not eligible, we will suggest you how you can qualify or increase your CRS scores. Until that time, we will not charge any fees. If you will be eligible then we will discuss our fees.
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Yes, it is possible that you can invite one parent and your brother can invite the other parent under super visa category. This is not possible under PGP permanent residence class. You may have other options; e.g. you can invite one parent on a super visa and other one on a temporary resident visa or your brother can do it or you or your brother can invite both parents if they do not want to stay for a longer period. Your brother will not have a problem for sponsoring a spouse because of LICO for two as per your assumptions.
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It may be a prank or a genuine letter, I can not confirm over the phone. Send me the letter and authorization form signed by the person concerned along with a valid identity document. Then I can confirm whether it is a prank or a genuine decision on a Humanitarian and Compassionate application. It happens but very rarely that a positive decision is rendered in the absence of a person removed from Canada. If it will be a true decision then the person can come back upon the issuance of visa. Make sure his address, email, phone, and passport details etc. are updated with the appropriate office. keep in touch with his counsel or you can retain us for our services. Good Luck !
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Before giving my opinion, I have following questions for the person concerned.
1) Why he used fake identity documents to reach Canada?
2) Did he declare refugee status in Canada?
3) Was he ineligible to enter Canada? If yes, what were the reasons?
4) Has he ever been convicted in his native country or any country?
5) Has he ever been convicted in Canada or any refusals/entry denials?
6 Why he does not want to use his actual (real) name in Canada?
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When you arrive in Canada either by air, land, or sea, your health will be assessed before you are permitted to leave the port of entry. If you are a foreign national and you have symptoms of COVID-19, then you will not be allowed to enter Canada.
If you are planning on travelling to Canada, you must make the following arrangements for your 14 day quarantine period:
1 ) Find a place to stay for the 14 days
2 ) Transportation to and from quarantine site
3 ) Groceries
4 ) Access to essential services and medical care
5) How others who live at the same place will stay safe (e.g. wear masks, etc.)
The 14 quarantine period is mandatory even if you do not have any symptoms of COVID-19. A CBSA officer may not allow you to enter Canada if you do not show that you have a proper plan for the quarantine. If you are in breach of the mandatory 14 day quarantine period, then you may face the following penalties:
1 ) Fine of up to $750,000
2 ) 6 months of jail time
3 ) Found inadmissible to Canada and removed from Canada and banned from entering for 1 year.
Only essential service providers such as truck drivers who regularly cross the border are exempt from the 14 day quarantine requirement.
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While pursuant to s.133(1)(j)(i)(A), a sponsor must have a total income that is:
(A) At least equal to the minimum necessary income, if the sponsorship application was filed in respect of a foreign national other than a foreign national referred to in clause or;
(B) has a total income that is at least equal to the minimum necessary income, plus 30%, for each of the three consecutive taxation years immediately preceding the date of filing of the sponsorship application, if the sponsorship application was filed in respect of a foreign national who is:
(i) the sponsor’s mother or father,
(ii) the mother or father of the sponsor’s mother or father, or
(iii) an accompanying family member of the foreign national described in sub-clause (I) or (II).
On the other hand, in spousal sponsorship application, the spouse who is sponsoring signs the undertaking for the applicant and takes responsibility for three years. The sponsor has to show that they can support the person they are sponsoring and provides the proof of income if they are employed in Canada. If the sponsor is not working then they have to provide the other documentation showing that they can support their spouse financially. This must include a detailed explanation of how they plan to support themselves and their spouse. You can use bank savings as support. Also, you can ask letter of support from your parents etc.
You do not need to be working to sponsor your wife (only true in case of spousal sponsorship) but you must give an explanation in writing that how you are going to support your wife. You may have saved money in the bank, Fixed Deposits or GIC, Tax-Free Saving Account (TFSA), Letter of Support from his family or friends, Self-employed income (part-time teaching) or you may have some funds back at home which want to bring to Canada. When you sponsor your wife, you will sign an undertaking to provide her with the basic necessities of life including food, shelter, boarding, lodging, medical and entertainment for a period of three years. Good luck!
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Did you complete the application properly and sign & date it?
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Yes, even if your first marriage was declared ‘null and void’ or ‘annulled’ you have to mention that marriage otherwise it will be considered misrepresentation. Not only your wife’s application will be refused but she may be barred for 5 years to submit any application to Canada. Section 40 of ‘Immigration and Refugee Protection Act’ (IRPA) deals with misrepresentation.
Misrepresentation
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40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation
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(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
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(b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;
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(c) on a final determination to vacate a decision to allow their claim for refugee protection or application for protection; or
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(d) on ceasing to be a citizen under
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(i) paragraph 10(1)(a) of the Citizenship Act, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, in the circumstances set out in subsection 10(2) of the Citizenship Act, as it read immediately before that coming into force,
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(ii) subsection 10(1) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act, or
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(iii) subsection 10.1(3) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act.
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Marginal note:Application
(2) The following provisions govern subsection (1):
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(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order is enforced; and
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(b) paragraph (1)(b) does not apply unless the Minister is satisfied that the facts of the case justify the inadmissibility.
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Marginal note:Inadmissible
(3) A foreign national who is inadmissible under this section may not apply for permanent resident status during the period referred to in paragraph (2)(a).
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Sending a dead body to any country is a big challenge now a days. The airlines staff would not feel comfortable to board a dead person to anywhere during Covid-19 crisis. The authorities will not issue permits for sending a body to overseas. The staff at destination will not cooperate to examine the coffin due to fear of Covid-19. I humbly suggest you to perform the funeral rituals here and show the family through technological equipment.
No doubt, his brother can try to attend the funeral. You can quickly submit the application but biometrics services are closed in and outside Canada. It could take a while to receive a visa by the brother. Make sure when you take a letter from Funeral home, there should be enough time for the processing of application by the brother. Later on when the brother gets visa and comes to Canada, he has to quarantine for 14 days, then he would be able to attend funeral services.
There are new exemptions to travel restrictions. The immediate family members of Canadian citizens and permanents may now be eligible to enter Canada. To be eligible, they must have to prove that:-
a) That they are immediate family members of Canadian citizen or permanent resident
b) They will be staying in Canada for at least 15 days
They must also have a quarantine plan that shows how they will quarantine for 14 days when you arrive in Canada.
When you arrive in Canada either by air, land, or sea, your health will be assessed before you are permitted to leave the port of entry. If you are a foreign national and you have symptoms of COVID-19, then you will not be allowed to enter Canada.
If you are planning on travelling to Canada, you must make the following arrangements for your 14 day quarantine period:
1 ) Find a place to stay for the 14 days
2 ) Transportation to and from quarantine site
3 ) Groceries
4 ) Access to essential services and medical care
The 14 quarantine period is mandatory even if you do not have any symptoms of COVID-19. A CBSA officer may not allow you to enter Canada if you do not show that you have a proper plan for the quarantine. If you are in breach of the mandatory 14 day quarantine period, then you may face the following penalties:
1 ) Fine of up to $750,000
2 ) 6 months of jail time
3 ) Found inadmissible to Canada and removed from Canada and banned from entering for 1 year.
Only essential service providers such as truck drivers who regularly cross the border are exempt from the 14 day quarantine requirement.
Full details can be found here:
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If your aunt has a valid visitor visa and a valid passport, a CBSA officer will allow her entry into Canada upon examination. It depends on many factors, e.g. purpose of visit, travel history, intent of a visitor, family ties in Canada and back home. No one has control on airlines staff in other countries and immigration officials. If she wishes to return to India, later on she can apply for a temporary resident visa and visit Canada in future.
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According to IRCC website (cic.gc.ca), If you are a student, you must bring a valid study permit or a port of entry letter of introduction that shows that you were approved for a study permit before or on March 18, 2020.
If you are a temporary foreign worker, you must bring a valid work permit or a port of entry letter of introduction that shows you are approved for a work permit. Many non-essential businesses in Canada are closed or are operating with limited staff. If you have a job with a specific employer, check that the job you have been hired for is still available.
There are new exemptions to travel restrictions. The immediate family members of Canadian citizens and permanents may now be eligible to enter Canada. To be eligible, they must have to prove that:-
a) That they are immediate family members of Canadian citizen or permanent resident
b) They will be staying in Canada for at least 15 days
They must also have a quarantine plan that shows how they will quarantine for 14 days when you arrive in Canada.
When you arrive in Canada either by air, land, or sea, your health will be assessed before you are permitted to leave the port of entry. If you are a foreign national and you have symptoms of COVID-19, then you will not be allowed to enter Canada.
If you are planning on travelling to Canada, you must make the following arrangements for your 14 day quarantine period:
1 ) Find a place to stay for the 14 days
2 ) Transportation to and from quarantine site
3 ) Groceries
4 ) Access to essential services and medical care
The 14 quarantine period is mandatory even if you do not have any symptoms of COVID-19. A CBSA officer may not allow you to enter Canada if you do not show that you have a proper plan for the quarantine. If you are in breach of the mandatory 14 day quarantine period, then you may face the following penalties:
1 ) Fine of up to $750,000
2 ) 6 months of jail time
3 ) Found inadmissible to Canada and removed from Canada and banned from entering for 1 year.
Only essential service providers such as truck drivers who regularly cross the border are exempt from the 14 day quarantine requirement.
Full details can be found here:
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According to IRCC website (cic.gc.ca), posted on June 30, 2020, the PR Cards will take 287 days to get renewed. In your case, you can send a new application with an airline ticket and proof of wedding, a statutory declaration (invitation letter), and a request to expedite. You may be successful to get it renewed earlier. The first application will be closed by the officer. If not, you can apply for travel document from UK and return to Canada.
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A certificate of qualification is a document that proves that a person is qualified to work in a certain skilled trade occupation in Canada. In order to obtain this certificate, you must fulfill the following 2 requirements:
– has passed a certification exam,
– meet all the requirements to practice your trade occupation in your province or territory
Generally, the certificate of qualification is issued by the body that governs trades in your province of residence or sometimes it is issued by a federal authority.
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In order for your brother’s friend to travel outside of Canada, he will need to obtain a refugee travel document from passport Canada. This document is recognized in all countries as a valid travel document but you CANNOT use this document to travel to the country of claimed persecution (your home country).
In order to obtain the refugee travel document, you must apply to passport Canada by providing proof of your status in Canada in one of the following ways:
– a letter from IRB;
– a confirmation of permanent residence; or
– a verification of status (VOS) document
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When you come to Canada as a co-op student, your co-op work permit might say the following:
– “not authorized to work for any employer other than stated” and;
– “your school is your employer”
This is typically written so that you can be identified as a co-op student. The above mentioned conditions essentially mean that you can work for any employer as long as it is accepted by your school’s co-op program.
There might be some cases where your employer might not understand or want this condition on your work permit. In this case, you can apply to have the condition removed by applying for a new work permit. Along with your work permit application, you must submit a letter explaining why you need the condition removed from your work permit. There will be no fee to get this condition removed.
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In order to be eligible under the global skills strategy (GSS) stream, you must be submitting your application online from outside Canada and one of the following situations must apply to you:
Situation 1:
Your employer has already obtained a positive global talent stream (GTS) (category A or B) LMIA from ESDC for you. If this situation applies to you, then you must inform us that you are applying by using a GTS LMIA when you complete your eligibility check.
Situation 2:
You have obtained an offer of employment from an employer who is LMIA exempt. Your occupation must fall under NOC skill type 0 or A and you must be applying for an employer-specific work permit.
In your cousin’s case, although he has received a job offer, he is still not eligible under GSS because his job falls under NOC skill type B instead of 0 or A.
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Pursuant to IRCC’s rules & regulations for the Canadian experience class, YES you can apply and count your work experience from Quebec. If you do change your mind and decide to live in Quebec, then you must apply to the Ministère de l’Immigration, de la Diversité et de l’Inclusion du Québec because the province of Quebec selects its own immigrants.
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As per IRCC, Canadian citizens, permanent residents and any individual present in Canada can make a request under the Access to Information Act. To answer your question, YES you can seek personal information about your spouse’s file by completing the following steps:
1) Send a request under the Access to Information Act by filling out form
2) Get written consent from your spouse
3) Pay a CAD $5.00 application fee
If you are looking to seek information about your own sponsorship file, then you must submit a request under the Privacy Act instead and no fees will apply.
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For an adopted person to be eligible for a direct grant of citizenship for adopted persons at least one of the adoptive parents must be a Canadian citizen at the time of the adoption, or, for adoptions that took place prior to January 1, 1947, at least one adoptive parent must have become a Canadian citizen on January 1, 1947 (or April 1, 1949, in the case of Newfoundland and Labrador for adoptions that took place prior to April 1, 1949) and be able to pass on Canadian citizenship to the adopted person.
In your case, since your friend is already a Canadian citizen, the child will be eligible for a direct grant of citizenship.
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Pursuant to the timelines provided by IRCC:
If you have been waiting for your PR card but LESS THAN SIX WEEKS have passed from the time that card was mailed to you, you must wait until the six week period has passed.
If you have been waiting for your PR card but SIX WEEKS HAVE ALREADY PASSED from the time the card was mailed to you, you must complete a solemn declaration stating that you have not received your PR card yet.
If 180 days have passed since your PR card was mailed to you, you will have to apply for a another PR card, complete a solemn declaration, and include the fee payment.
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The answer to your question depends on whether you are a Canadian citizen or not. If you are a Canadian citizen, then YES you can help your friend apply for an eTA. However, you will need to indicate at the start of the form that you are completing the form for someone else. You will also be required to fill out information about yourself.
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As per IRCC, YES you can use work experience from more than 1 employer to apply for the Home Child Care Provider or Home Support Worker Pilots. The condition is that the work experiences must be in the same eligible occupation. This means that you CANNOT combine work experience from 2 different occupations but you can combine work experiences from two different employers as long as your duties were the same.
If you are hiring a home child care provider, then that person must have work experience in NOC 4411. For further information about the new child care provider program, please check out the following link:
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It is unfortunate that you have had these issues in respect to your immigration matters. When your lawyer wrote the response to the procedural fairness letter, did he show you what was written? I am assuming that either your lawyer did not send response or the response was unsatisfactory to the officer. If you have been banned from sponsoring, you will have to wait 5 years from the day that your ban became effective. After this your spouse can sponsor you and you can be eligible to submit your application for permanent residence at the same time.
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You do not need a work permit to carry out business activities related to your job back home, such as meeting clients of your company or visiting job sites. However, if you plan to carry out secretarial, managerial, technical or production activities or stay longer than six months in Canada, you have to apply for a work permit. In both cases, if you are from a country that requires a visa to visit Canada, you must apply for a temporary resident visa.
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Technically speaking, yes you can return home or travel while studying. However, your study permit is NOT a travel document. Your study permit does not give you the right to travel to or enter Canada. Depending on where you are planning on travelling to, you may need the following documents along with your work permit:
– temporary resident visa or
– electronic travel authorization (eTA)
Having a valid travel document does not mean that you will be guaranteed to be allowed to re-enter Canada because this is depends on the examining CBSA officer.
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The Immigration & Refugee Protection Act has a provision as per section 28 that if a permanent resident is residing outside of Canada while accompanying a Canadian citizen spouse, common-law partner or parent, then their time will be counted towards living inside Canada. Although your husband is residing in India with your Canadian born son, your husband will still not be exempted from the PR card residency obligations. Your husband has to apply for a PR card or a visitor visa and he will have to explain that he has lived outside of Canada for a long time and that his PR card is already expired. The immigration officer will make a determination upon receiving the required documents and proofs. He could be granted a visitors visa to come to Canada. You spending a few weeks with him in India will not qualify your husband but you can try renewing his PR card and explain the humanitarian and compassionate circumstances with respect to the illness of his parents & grandparents. An examining officer may issue him a travel document to come to Canada.
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We have sympathy for the family whose bread winner got killed. The humanitarian and compassionate applications filed where applicants are outside Canada takes longer processing time than the applicants are in Canada. In the given scenario, H&C is a quite long process. The family needs immediate help. If possible, they can seek refugee protection outside Canada. For query, send us email. We respect your privacy. Please do not post too much personal information on the forum. This forum is for general questions only.
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If your friends wants to try to remain in Canada, I would suggest that can she try to ask for considerations and apply for landing within Canada under the new public policy class. For further information about the new public policy, click on the following link:
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I think you are getting a little confused about this. The Group of Five (G5) is a unique immigration category under which 5 or more Canadian citizens or permanent residents can sponsor a refugee who is living abroad to come to Canada. The primary condition is that the Group of Five may only sponsor an individual who has been recognized as a refugee by either the United Nations Refugee Agency (UNHCR) or a foreign state. In your scenario, you cannot sponsor your 5 friends unless they all meet the refugee requirement. For further information about this category, click on the following link:
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No, after the application intake has been closed, all the submitted applications are then reviewed and any duplicates are removed. Potential sponsors will be invited to submit a complete parents & grandparents sponsorship application in the order that the interest to sponsor forms are received. Typically there is 1-2 rounds during which we sent out invitations to complete the full application but there may be more rounds than that too.
Unfortunately, if you have submitted your ITA, it does not guarantee that you will get a turn to sponsor your parents in the same year.
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Pursuant to IRPR, you must submit documentary evidence at least 10 days before the hearing or as soon as practicable to do so.
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Based on the limited information you have provided, it is difficult to say with certainty as to which immigration category you might be eligible under. However, assuming that you meet all other requirements, you might be eligible under the Entrepreneur Stream under the Ontario Immigration Nominee Program (OINP). For further information about Ontario’s nominee programs, please check out the following link:
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As an employer you must fulfill certain requirements. An employer’s responsibilities include:
- make sure that the temporary workers have their work permit;
- make sure that the temporary workers follow the conditions and time limits outlined on their work permit;
- meet your commitments to the temporary workers regarding wages, working conditions and the occupation that was listed in the offer of employment or Labour Market Impact Assessment (LMIA);
- comply with provincial, territorial or federal employment laws;
- ensure that your business remains active during the period of the work permit validity;
- make reasonable efforts to provide a workplace free of abuse; and
- help the temporary workers obtain the correct identification and documents (for example, social insurance number and medical documents).
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Pursuant to IRPA, you can apply for rehabilitation if:
– you committed a crime outside Canada (for which you were not charged) over 5 years ago or
– you were convicted of a crime outside Canada and your sentence ended at least 5 years ago.
Your scenario falls under the second category (convicted of a crime outside Canada). Since you got convicted in January 2017 and your sentence was for 14 months, it means that your sentence ended in March 2018. This means that you will need to wait 5 years from March 2018 before you are eligible to apply for rehabilitation.
In order to apply for rehabilitation you must fill out the following immigration form: Application for Criminal Rehabilitation (IMM 1444). For further information please visit the following link:
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Under the Immigration and Refugee Protection Act (IRPA), there is no formal right of appeal on temporary resident matters such as work permits. You can try to reapply with a fresh application and where possible, your application will be examined by a different officer.
Alternatively, you request for a judicial review through the Federal Court of Canada. In order to proceed with judicial review, please contact a lawyer for further information.
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Pursuant to section 96 of IRPA, a convention refugee is a person who has a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion. Your friend’s basis of claim, i.e. not getting medication in the Philippines, is not a “well-founded fear of persecution”; therefore his claim would likely be rejected. For further information, please contact our office.
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Your 30 day period is counted from the day that the departure order comes into effect. So if interviewing officer made your departure order effective immediately, then you will have to count your 30 days from the date of the interview. If you do not leave Canada within 30 days, your departure order will become a deportation order.
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Pursuant to section 36(1)(a) of IRPA, your friend will become inadmissible to Canada for serious criminality. As a result, pursuant to section 64(2) IRPA, a permanent resident who has been found inadmissible to Canada for serious criminality has no right of appeal. This means that your friend cannot appeal the decision of the officer.
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Unfortunately, your cousin will have to go back to the USA because his application for permanent residency will only be processed in the United States because is not a citizen of Spain nor Germany.
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In order to come to Canada under the Intra-Company Transferee program, your job position must fall into one of the following 3 categories:
1) Executives
2) Senior Managers
3) Workers with ‘specialized knowledge’
In all three categories, in order to be eligible under the Intra-Company Transferee program, you must have worked for a minimum of ONE year on a full time basis.
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The question on the express entry profile asks to “provide details of any trips that you may have taken outside your country of origin or of residence in the last ten years”. This means that regardless of how long you visited another country for, you must mention every port that you docked and landed in.
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The unexamined family members pilot only applies to new applications or those where a final decision was not made prior to the announcement of the pilot program.
In your case, since a decision was already made on your application, you will not be eligible for the pilot program and your misrepresentation will not be removed. Even if a decision in your case hadn’t been made yet, you would still not be eligible for the pilot program because the pilot program does not apply to sponsors who became permanent residents in Canada under the economic class.
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Yes, you will have to sponsor your children now if you wish they should join you in Canada.
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It looks like your wife only sponsored you and not your children from your previous marriage otherwise they would have already received a visa. The medical and other statutory requirements are done to acknowledge that you have dependents whom you can sponsor in the future. The completed medical examination does not mean that they will get a visa.
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Yes you can sign the same application or print a new one, paste your photo and sign & date and then send to the appropriate office as per directions.
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I am not sure about how your friend may have sent her application. She may have submitted an online application where the applicant signs his/her name by writing their name. But if it is a paper application, it must be signed and dated. Check the checkmarks underneath your photo or on the bottom of the application, if a checkmark is there then it means you were supposed to sign and date the application.
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You’re welcome !
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Yes he can fly to the USA once the flights resume because as you might know that domestic & international flights were cancelled by almost every country back in March but they are not slowly resuming. The important thing you would need to remember is that your husband can enter Canada if a CBSA officer allows him at the port of entry. But your husband will not be allowed to board a commercial vehicle (plane, train, boat, ferry, etc.).
