Rajpal (Admin)
Forum Replies Created
-
The answer to your question depends on why your brother’s work permit is exempt from a LMIA. Under Express Entry, there are only certain LMIA-exempt jobs that would count towards job offer points. For example: if your brother is working in Canada on a LMIA-exempt work permit that was issued under an international agreement such as NAFTA or CUSMA, then his employer doesn’t need to get an LMIA for your brother to receive job offer points.
If your brother’s work permit is LMIA-exempt for any other reason, his employer will still need to get a LMIA in order to receive points.
-
As per the FSW eligibility requirements, you must have a Canadian Language Benchmark (CLB) 7. This is equivalent to a score of 7 bands in each skill area of IELTS (reading, writing, speaking, & listening). If you do not meet the language requirements, there is a high possibility that your application may be rejected. I suggest that you work on your English skills and rewrite the test and try to get 7 bands in each skill area.
-
The answer depends on whether you will be coming to the Canadian border by air or by land.
Coming to Canada by Air:
You will need to apply for an eTA before coming to Canada. You DO NOT need a visitor visa. The cost of an eTA is CAD $7 and it is electronically linked to your passport.
Coming to Canada by car, train, bus, or boat:
You DO NOT need a visitor visa or an eTA if arriving by land. You must bring valid proof of your permanent status in the US.
-
A visitor visa (also known as a temporary resident visa) is an official document citizens from visa-required countries need to get to travel to and enter Canada as a visitor for up to 6 months. This visitor visa is an adhesive sticker that is put in your passport.
A visitor record on the other hand is a document that a border services officer may issue to you to extend or restrict your stay in Canada. If you want to stay for more than 6 months, you have to tell the border services officer. A visitor record may also be issued after you get approval of your application to extend your stay or restore your status.
-
As per IRCC, when finding out what your NOC level is, you must look at the duties of your job. This means that if your brother’s job duties fall under NOC B, then you would put that as his NOC when applying for permanent residency.
-
Pursuant to IRPR section 4(1), a foreign national’s spousal sponsorship application shall be refused if:
– The relationship was entered into primarily for the purposes of acquiring any status or privilege in Canada; or
– The marriage is not genuine.
A visa officer at the visa post will make a decision on your spousal sponsorship application upon considering all the facts of the case. Having differences such as age and culture does not necessarily mean that your spousal sponsorship will be refused. I would suggest that you explain the circumstances of your relationship in the appropriate sections of application and in a cover letter. Please get advise from a professional immigration consultant or lawyer for further information who deal with such matters on a regular basis. An immigration professional or a lawyer can write detailed submissions and can refer to related case laws.
-
As per IRCC regulations, you must have a valid study permit to study in Canada for 6 months or longer. In your cousin’s case, since he wants to come to Canada to complete grade 11 & 12, he will need to apply for a study permit because the program will be longer than 6 months in length.
-
If your sister’s PR has expired, it is not the same thing as losing her permanent resident status in Canada. I would suggest that if your sister renews her PR card before you submit your express entry profile and if asked by IRCC, provide an explanation for your sister’s expired PR Card. To make a long answer short, you should still receive points under the adaptability section of CRS.
-
IRCC has acknowledged that there is a bug with their Express Entry profile system which calculates all dates as the “first” of the month. Meaning that if you enter in your work start date as April 13, 2019, the system counts your work experience from April 01, 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.
-
As per IRCC, the 90 day period is counted from the day you completed your studies. This is when you officially receive a letter from the college/university that you have completed the program. In general, your study permit becomes invalid on the earliest of the following:
– Expiration of work permit
– 90 days after completion of studies
– Cancellation of work permit due to removal order
In your case, your 90 day period will be counted from your date of completion of studies (May 05, 2020).
-
Technically speaking, your friend can possibly try to apply for a temporary resident permit but I would suggest that you try filing her application for permanent residency under humanitarian & compassionate considerations. A TRP is generally used to overcome inadmissibility for things such as misrepresentation, medical reasons, criminality. Her H&C application might be approved if you have compelling enough reasons for her to remain in Canada. Please seek the advise of a professional immigration consultant or lawyer for help with H&C submission letters.
-
As per the IRCC rules and regulations, you will receive points under Express Entry for having a valid job offer as follows:
– 200 CRS points for NOC 00 jobs
– 50 CRS points for any other NOC 0, A and B jobs.
It does not matter if your qualifying work experience was with a different employer than your current employer as the work experience will still be counted.
-
When your uncle applied for Canadian citizenship on 12 June 2015, the applicants between the ages 14 and 64 were required to write language and knowledge tests. Please remember that before 11 June 2015, the language and knowledge requirements were for applicants between ages 18 to 54. The language and knowledge requirements were reversed back to ages 18 to 54 on 11 October 2017. Since your uncle was 64 years old not 65; therefore, he was required to write a test because he applied a day after the new rules became effective.
-
According to section 9(1) IRPA, a Canadian citizen may renounce his/her citizenship if they meet the following requirements:
– be a Canadian citizen;
– prove that you are or that you will become a citizen of a country other than Canada if your application to renounce is approved;
– not live in Canada;
– be at least 18 years old;
– not be a threat to Canada’s security or part of a pattern of criminal activity; and
– understand the significance of renouncing your Canadian citizenship.
If IRCC is already in the process of revoking your Canadian citizenship under section 10 or 10.1 IRPA, then you cannot voluntarily renounce your citizenship.
As with your cousin, after he renounces his citizenship, he will lose all the rights and privileges of being a Canadian citizen and he will have no status in Canada. If in the future he decides that he wants to come back to Canada permanently, he would have to apply for a permanent resident visa all over again.
-
The ‘Pilot for Excluded Family Members” which began on September 09, 2019, exempts some people from the conditions of IRPR section 117(9)(d). This means that as per the pilot program, family members who are eligible under this pilot can be sponsored through the Family Class category even if they were unexamined. In order to be eligible to be sponsored under the pilot program, the sponsor must have become a permanent resident himself/herself through:
– the Refugee Class (the person was resettled as a refugee, or the person was recognized as a refugee/Protected Person by the Immigration and Refugee Board or in a Pre-Removal Risk Assessment, or the person was a family member of such a person), OR
– the Family Class, as a spouse, common-law partner or dependent child (including the Spouse or Common-Law Partner in Canada Class)
In your case, since you became a PR through the refugee class, you will be eligible to sponsor your children under the new pilot program.
For further information about the pilot program, please click on the following link:
https://www.cic.gc.ca/english/helpcentre/results-by-topic.asp?st=14.2.5
-
Pursuant to the IRCC Operational Bulletin Manuals, to be eligible to apply for permanent residency after having been issued a TRP, you must have been issued a TRP between 3-5 years, depending on the nature of the original inadmissibility.
You must have held a TRP for 3 years in order be eligible for permanent residency if the following apply to your scenario:
– are inadmissible on health grounds under section IRPA section 38(1); or
– are inadmissible for having come to Canada as an accompanying family member of a foreign national who is inadmissible on health grounds; or
– are inadmissible on grounds of having come to Canada as an accompanying family member of a person described above.
You must have held a TRP for 5 years in order be eligible for permanent residency if the following apply to your scenario:
– are inadmissible on any grounds not mentioned in the first column of this table with the exception of any of the following:
- security (IRPA s.34)
- violation of human or international rights (IRPA s.35)
- serious criminality (IRPA s.36(1))
- organized crime (IRPA s.37)
-
If you have studied English or French at secondary or post secondary level in Canada or anywhere else, you can submit the degrees and diplomas along with the application for Canadian citizenship. If not, you will have to submit the approved third party language tests and you have to provide certificate of level 4 or more of CLB or NCLC.
-
Upon receipt of the Royal Assent to Bill C-6, some parts of the Canadian citizenship act became effective on 19 June 2017. Bill C-6 was presented by Hon. John Mccallum, the then Minister of Canada Immigration & Citizenship on 25 February 2016. The bill was introduced/launched to make improvements in the effective act of 11 June 2015 (Bill C-24). House of Commons approved the bill on 17 June 2016. The Senate approved Bill C-6 on 03 May 2017. The bill got the Royal Assent on 19 June 2017. The Hon. Minister declared on 04 October 2017 that the act will be effective from 11 October 2017.
-
Yes, apart from refusal of your application, your wife may be banned for 5 years as per section 40 of Immigration & Refugee Protection Act (IRPA) because you have misrepresented the facts. You got married, your marital status changed but you did not report to Canadian High Commission before arrival and upon entry into Canada. here is section 40 of IRPA:-
Misrepresentation
-
40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation
-
(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;
-
(b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;
-
(c) on a final determination to vacate a decision to allow their claim for refugee protection or application for protection; or
-
(d) on ceasing to be a citizen under
-
(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,
-
(ii) subsection 10(1) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act, or
-
(iii) subsection 10.1(3) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act.
-
-
-
Marginal note:Application
(2) The following provisions govern subsection (1):
-
(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
-
(b) paragraph (1)(b) does not apply unless the Minister is satisfied that the facts of the case justify the inadmissibility.
-
-
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).
-
-
As per provisions given in the Canadian citizenship act, which came into effect on 11 June 2015, the Minister was given the authority to strip away the Canadian citizenship and deport the person to the country from where his/her parents belonged to, for criminal serious matters. This provision was revoked on 19 June 2017. Now Canadian citizens will be dealt by judicial process of the courts of the land with respect to serious criminal matters such as treason, espionage, and terrorist activities.
-
In July 2020, you will have 2 years time that can be counted full as a permanent resident in Canada unless you may have gone back to India or any other country. The time you will be out between landing date and making application will be deducted from the physical time count to make your citizenship application. Furthermore, your time on a legal status in Canada may be counted half but maximum to one year (365 days) in the past five years.
-
Yes, Canadian citizenship applications can be submitted for the minor children now. Earlier, children were allowed to submit applications with the applications of their parents. Now children 18 years old or older can apply Canadian citizenship according to sub section 5(1) of the Canadian citizenship act. Less than 18 years old children can now apply with adult parents according to sub section 5(2). Less than 18 years of age child(ren) can now apply according to sub section 5(1) if an adult parent has custody of the child(ren). Since you have custody of your 13 years old son, you can apply Canadian citizenship for him.
-
You do not need to inform the department that your Indian passport has expired because this information is clear from the copy of your passport and the application. If you have renewed your Indian passport, then makes sense to inform the department otherwise it will be seen by officers when you will be called for verification of documents in the near future.
-
You can change your surname if you have a valid explanation. Given names can be changed as well.
-
Yes, Canadian citizenship applications can be submitted for the children now. Earlier, children were allowed to submit applications with the applications of their parents. Now children 18 years old or older can apply Canadian citizenship according to sub section 5(1) of the Canadian citizenship act. Less than 18 years old children can now apply with adult parents according to sub section 5(2). Less than 18 years of age child(ren) can now apply according to sub section 5(1) if an adult parent has custody of the child(ren).
-
If you are outside Canada and will be submitting application for the first time ever, give a sworn affidavit for change of name to two newspapers. When the classified is published, go to passport office and get your names fixed as you want to see them in the given and the surname sections of your passports. I will recommend you to then launch any application and acknowledge that you have changed your name or not according to the wording of the application and the name you have now on your passports.
A Canadian application must have a surname to be saved or considered valid; therefore, you cannot submit an application with a blank section of surname unless ‘SNU’ (Sur Name Unknown) or ‘FNU’ (Family Name Unknown) is mentioned in the surname section.
If you are in Canada, try this process with an affidavit, if does not work, then change your name through the Registrar General’s office. Try to avid any international trips until unless all identity documents (passport, study permit, work permit, PR card, driver’s licence etc.) are sorted out.
-
Half the time can be counted from the day your father was accepted as a Convention refugee after the hearing at Refugee Protection Division (RPD) of Immigration & Refugee Board (IRB), not from the day he claimed a refugee status in Canada, until he got permanent residence status. Further, maximum 365 days may be added upon applying for Canadian citizenship. An applicant needs to prove 3 years (1095 days) physical residence in Canada out of past 5 years (1860 days).
-
‘Singh’ and ‘Kaur’ are acceptable surnames to Immigration Refugees & Citizenship Canada (IRCC). Approximately 10 to 15 years ago, this issue was raised by then Citizenship and Immigration Canada (CIC) but when Sikh scholars through politicians explained the issue, it was accepted that SINGH and KAUR are acceptable surnames.
-
Yes, you may add half the time you were on a study permit status or any other legal status, but maximum to 365 days at the time applying for Canadian citizenship. Remember, you will be counting 3 years time out of past 5 years, not if you were on a study permit e.g. six to 8 years ago.
-
If the applications of super visa are not processed yet, an officer can refuse the applications upon receipt of withdrawl request and after sending a procedural fairness letter to the inviter or the applicants. If applications have been processed and super visas have been issued, then it would be difficult for an officer to recall the passports and cancel the visas issued already. If your parents come to Canada, they may be questioned about it by CBSA officers. A CBSA officer may allow your parents to enter Canada for two years (as per super visa) or six months (as per temporary resident visa).
-
As per IRCC, under the 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
In your case, since you have a sister who lives in Canada, you will not be able to sponsor someone under the lonely Canadian rule.
-
If you are looking at bringing him to Canada on a permanent basis, then H&C might be a good option for you. For your son’s H&C application, he will have to meet the requirements as set out in section 25(1) IRPA. I suggest that you retain the services of a professional immigration consultant and lawyer because H&C submission letters can be tricky and difficult to write.
-
Yes, the grandfather will be able to sponsor his 9 years old orphan twins. Please ask them to collect the following documents for him as a sponsor and the orphan grandchildren as applicants:-
SPONSOR
– Status and identity documents
– Income, assets, and bank savings
– Living arrangements
– Proof of financial support
– Proof of relationship with orphans
– Processing fee and service fee
etc.
ORPHAN APPLICANT
– Identity documents and travel documents
– Birth certificate and educational documents
– Proof of death of parents
– Proof of relationship to sponsor
– Previous refusals if any
– Photographs of specified size
etc.
-
A Canadian citizen can sponsor his/her spouse while residing abroad. The most important thing the sponsor has to do is to convince the officer that he/she will be reuturning to Canada permanently as soon as his/her spouse receives permanent resident visa. To prove that sponsor needs to show living arrangements and working arrangements in Canada. The other things are general in nature that the sponsor and the applicant will prove the genuineness of their marriage and relationship.
-
In the given scenario, you can be sponsored either way: from within Canada or from outside Canada unless there are other factors involved I am unaware.
-
Yes, you can sponsor your orphaned nephew and niece to join you in Canada. The documents you need are as follows:-
SPONSOR
– Status and identity documents
– Income, assets, and bank savings
– Living arrangements
– Proof of financial support
– Proof of relationship with orphans
– Processing fee and service fee
etc.
ORPHAN APPLICANT
– Identity documents and travel documents
– Birth certificate and educational documents
– Proof of death of parents
– Proof of relationship to sponsor
– Previous refusals if any
– Photographs of specified size
etc.
-
If you have a representative (Immigration Consultant / Lawyer / Notary of Quebec), you will sign IMM 5476 form. If you are un-represented and want your information can be shared with your family member who is designated by signing a form, you will sign IMM 5475 form.
-
If your co-signer withdraws sponsorship undertaking, you will receive a procedural fairness letter to present yourself. For example, if you may have an income, but you did not report on time but now you qualify, the application for sponsorship undertaking / application for permanent residence will continue to be processed.
If you will not be able to satisfy the officer in response to the procedural fairness letter, your undertaking will be declined or your parents’ application will be refused based on the stage of application.
If you may have checked “proceed” on IMM 1344 form, your sponsorship undertaking will be declined but your parents application will continue until refused by a visa officer. If your undertaking was approved already, your parents application for permanent residence will be refused by a visa officer.
Upon refusal, you will have a right to appeal. You can file ‘Notice of Appeal’ within 30 days from the receipt of refusal letter. You will receive a record from Immigration & Refugee Board of Canada. You will be asked to submit documents in your favour according to the rules of Immigration & Appeal Division. You will provide income documents and you or your representative will ask for humanitarian considerations because you did not satisfy the procedural fairness opportunity given to you.
For more detailed information, retain services of an immigration professional. Good Luck !
-
1 ) As per IRCC, you need to have at least 1 year of CONTINUOUS work (1530 hours total or 30 hours a week). This work experience can be a combination of full-time and part-time work. As long as you have 1 year of CONTINUOUS work, you should hopefully be fine.
2 ) Your reference letter should include the following information:
– Your name
– Date of employment
– Number of hours worked per week
– Position name
– Duties & responsibilities of your position (these must match the duties & responsibilities list in the NOC code you selected as your primary field of experience).
– Any other salary benefits you may have been receiving
If you have held multiple positions in the same company, then a single reference letter would suffice for your express entry profile. But, the reference must include the above mentioned information for EACH position you’ve held in the company.
3 ) IRCC does not give a specific time as to how recent a reference letter should be – rather they write that it must be RECENT. A reference letter that is 2 years old would not be considered ‘recent’ by any reasonable person, so I would suggest getting a new one.
For further information on Express Entry & Federal Skilled Worker category, you can contact our office.
-
Your dependant children’s information is not relevant to your express entry profile so there is no provided section in which you can provide details of your children. Once you have successfully created an EE profile and have received an ITA, you will be asked to provide full details of your children in the PR application forms. Immigration forms can be very confusing and difficult to fill so I suggest that you contact an immigration consultant or lawyer to seek advise. For further information, you can contact our office.
-
The biometrics requirements as per section 12.1 IRPR can be divided into the following 2 categories
1 ) Visitor Visa, Study and Work Permit Applications:
For these applications, you only need to give your biometrics once every 10 years. This means that if you have already given biometrics in the past 10 years as part of an application for a temporary resident visa, work or study permit and as they’re still valid, you don’t need to give them again.
2 ) Permanent Residence Applications:
For PR applications, you must give your biometrics and pay the associated fee each time even if you have given them in the past as part of another application.
In your cousin’s case, since she has not provided biometrics in the past for her temporary resident visa, she will now have to provide them for her extend of status application. The biometrics she provided for her permanent residency application cannot be used as part of her extend of status application. Unfortunately, she will have to pay twice for biometrics (once for PR application & once for extend of status application).
For further information about biometrics, please see the following link: https://www.canada.ca/en/immigration-refugees-citizenship/campaigns/biometrics/facts.html
-
For the purposes of your Express Entry profile, BOTH computer based and paper based IELTS tests are acceptable by IRCC.
-
In order to be eligible under the federal skilled worker category, your skilled work experience must be:
– in the same type of job (have the same NOC) as the job you want to use for your immigration application (called your primary occupation)
– within the last 10 years
– paid work (have been paid wages or earned commission—volunteer work or this means you must unpaid internships don’t count)
– at least 1 year of continuous work or 1,560 hours total (30 hours per week)—you can meet this in a few different ways:
- Full-time at 1 job: 30 hours/week for 12 months = 1 year full time (1,560 hours)
- Equal amount in part-time: 15 hours/week for 24 months = 1 year full time (1,560 hours)
- Full-time at more than 1 job: 30 hours/week for 12 months at more than 1 job = 1 year full time (1,560 hours)
-
You do not need a name change certificate as you only need a sworn affidavit (by a notary or commissioner for oaths) along with the application to renew your Indian passport. I hope it would serve your purpose.
If the Consulate General of India does not accept this, then you would have to submit an application to the Registrar General of Ontario for name change. Upon the receipt of the name change certificate, you can make an application for the renewal of your Indian passport.
If you want to send a name change application to the Registrar General of Ontario, you need to prove that you have been residing in Ontario for at least one year.
Once you will get your passport as you want to see your surname reflected, you will need to change your other identities and study or work permit accordingly.
-
No, you will have to wait until you will start your studies again. You need to prove that you have paid your tuition fees to the college and that you are actively pursuing your studies.
-
When you apply for permanent residency under the PNP program, you must prove that you genuinely want to live in that province (in your case, Saskatchewan). The fact that your parents have bought a house for you in Ontario (GTA), it shows that you do not have any intentions of living in Saskatchewan. This in return may create hindrances in the processing of your PNP application.
-
As per the new Home Child Care Provider Pilot and Home Support Worker Pilot, it is not necessary to have completed a diploma or a “nanny” course. However, by showing that the nanny has educational credentials may support her application.
-
Report the loss of your Canadian citizenship card to local police. Keep the occurrence report safe and secure given by a police officer because not only you need it to apply for a certificate but also may be required if some how your card is used somewhere to gain or found with non-owner.
Immigration Refugees & Citizenship Canada (IRCC), formerly Citizenship & Immigration Canada (CIC) stopped issuing laminated Canadian citizenship cards in February 2012. Not sure about the reason but I think perhaps government may have realized that a laminated document becomes void and it does not make sense to issue void cards to prove their status.
To change your name on your citizenship card, you will first need to get your name legally changed through the office of Registrar General for your province in Canada. Moreover, you will receive a Canadian citizenship certificate instead of a card now. To change name on citizenship certificate, click on the following link:
-
Your souse can sponsor you under family class any time if she is an eligible sponsor. There is no waiting period.
-
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:
-
Assuming that you have no children, your family unit would be composed of 4 members (yourself, your spouse, your mother & father). For income requirements purposes, your in-laws who are in Canada on a super visa would not be counted in the family unit. The required Minimum Necessary Income (MNI) for 4 members is $61,209.
-
You can try extend stay application because super visa is already granted to your parents and you are simply asking to stay longer. An officer may grant only extension up to 6 months upon looking at decreased income.
-
A CBSA officer generally grants 6 months entry to a visitor in Canada upon examination and 2 years to a person holding super visa. It could be lesser if a super visa holder does not show required insurance to the examining CBSA officer at port. The length of the entry is also dependant on the length of the validity of your passport.
-
There is no clue when PGP intake for 2020 will open. Earlier, Hon. Minister of Immigration in the beginning of this year indicated that PGP will open in April 2020. Now due to Covid-19, it seems like that even if the PGP intake opens, it would be very late into the year.
Great if you have required MNI. For documents checklist and FAQ on PGP, visit our website for more information.
Our website address is as follows:- crownimmigration.com.
-
According to IRCC (https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=057&top=10), you can apply for a renewal of your permanent resident card if it has already expired or it is about to expire within 9 months. When you apply for a renewal, you must keep the original card with you and attach a copy of your current PR Card with your application. Most PR Cards that are issued are generally valid for 5 years.
You must also include the following documents with your PR Card renewal application:
– Clear copy of your passport or official travel document
– 2 Photos that meet the required photo specifications (https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/apply-renew-replace/photo.html)
– A copy of the receipt for the processing fee
For a list of all the required support documents, please click the following link:
-
As per Canadian Immigration rules, a marriage done outside of Canada will generally be considered valid in Canada if the marriage is valid in the country it was done in.
In order to get legally married in Hong Kong, you must perform the following steps:
1.) Set up an appointment to submit your Notice of Intended Marriage with the Hong Kong Registrar of Marriages either in person or online. This appointment can not be made more than 3 months before you intend to get married.
2.) Go to your appointment with the Hong Kong Registrar of Marriages along with your documents. At the Marriage Registrar, you will either be asked to fill out a Form MR21B or the Information Required for Marriage Registration form. You will also need to pay HK$305 for the Notice of Intended Marriage.
3.) Generally, 15 days after submitting your Notice of Intended Marriage with the Hong Kong Registrar of Marriages, you will be issued a Certificate which will allow you to get married anytime within the next 3 months. Note that this Certificate will expire after 3 months from the date of issuance after which you will have to apply for a new one.
4.) Once you get the Certificate, you can legally get married to your fiancé. Your marriage can take place at the following:
- A place of worship (temple, church, mosque) which must be licensed and performed by a minister; or
- any location in Hong Kong as long as the marriage is performed by a registered civil celbebrant (priest, granthi, etc.)
- at an official marriage registry by a Registrar.
To answer your question in short, yes you can get a court marriage as long as you follow the above-mentioned steps.
-
If you are submitting ‘Provincial Nominee Program’ (PNP) application, you are making commitment with a province (In your case New Brunswick), that you are planning to live in the province permanently. If you have bank account in another province that shows your relationship or ties to the other province, that can give a clue to the officer that you may not live in the promising province for a longer period.
-
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.
-
You will need to provide a sworn affidavit to the authorities that you are the same person whose birth certificate and passports are presented. The sworn affidavit can be from you or your father to affirm the facts stated. You get an affidavit commissioned by a notary or a commissioner for oaths.
-
In order to permanently sponsor someone, the foreign national must be a member of the family class as defined in section 117(1) IRPR. As per the definition, a foreign national is a member of the family class if they are:
1 ) the sponsor’s spouse, common-law partner or conjugal partner;
2 ) a dependent child of the sponsor;
3 ) the sponsor’s mother or father;
4 ) the mother or father of the sponsor’s mother or father;
etcetera
In regards to your question, your brother would NOT be classified as a member of the family class. As a result, you cannot sponsorship him on his own. However, if your parents change their mind and they want to immigrate to Canada, then you can add your brother as a dependent child along with your parents application ONLY if your brother is below the age of 22 years. Alternatively, you can invite your brother to Canada on a temporary resident visa or study permit or work permit etc.
-
If you want someone from your family should represent you, you need to give the person authorization by signing IMM 5475 form, unpaid representative.
-
There is no clue when PGP intake for 2020 will open. Earlier, Hon. Minister of Immigration in the beginning of this year indicated that PGP will open in April 2020. Now due to Covid-19, it seems like if PGP will open it will be very late in the year.
-
In spousal sponsorships, as per the previous 2 prong conjunctive test, the visa officer must have established BOTH of the following elements in order to refuse a spousal sponsorship application:
1 ) Establish that the marriage, common-law, or conjugal relationship is not genuine;
2 ) Establish that the relationship was entered into primarily to acquire status in Canada
The 2 prong conjunctive test was later replaced with the 2 prong disjunctive test in which the officer has to establish only ONE of the following elements in order to refuse a spousal sponsorship application:
1 ) Establish that the marriage, common-law, or conjugal relationship is not genuine;
2 ) Establish that the relationship was entered into primarily to acquire status in Canada
In comparison of the tests, the 2 prong conjunctive made it more stringent for the visa officer to refuse a spousal sponsorship application because they had a greater onus to establish both elements. On the contrary, in the 2 prong disjunctive, the visa officer is able to refuse a spousal sponsorship application easier because the onus has lessened for the officer.
-
Section 4(1) IRPA states: For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership
(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or
(b) is not genuine.
In regards to your sponsorship appeal, this section means that you would have to satisfy the officer that your marriage is genuine and was not done just so that you could get status in Canada.
Section 11(1) IRPA states: A foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
In regards to your sponsorship appeal, this section means that you must apply to get a visa which would authorize you to enter Canada. You would only be issued a visa if the officer does not deem you inadmissible to Canada.
Section 117(1) IRPA states: A foreign national is a member of the family class if, with respect to a sponsor, the foreign national is
(a) the sponsor’s spouse, common-law partner or conjugal partner;
In regards to your sponsorship appeal, this section essentially defines as to which foreign national is considered a member of the family class. In your case, the foreign national (your husband) is your spouse so therefore he is a member of the family class.
In a nutshell, you have to satisfy the Minister’s counsel at the ADR conference or the board member at the full hearing that you are not inadmissible to Canada, you did not get married just to gain entry to Canada, and that your marriage is genuine.
-
Firstly, a complaint might have been filed against you by either your ex-husband or someone else. Moreover, your ex-husband might have gotten remarried and sponsored his wife and while filling out an application or interview at visa post, some information may have arisen which indicates that your ex-husband’s previous marriage with you wasn’t genuine. Furthermore, it may have arisen in your PR card renewal/Canadian Citizenship application, that there are some concerns about your’s and your husband’s address history. If you are caught in misrepresentation, it would be a big trouble for you. Please remember that the ban for misrepresentation since November 20, 2014 is for FIVE years. Prior to 2014, the ban was for 2 years. To verify the legitimately of your letter, you can call IRCC or contact using the information provided on the letter.
-
To get your Canadian citizenship application urgently, you need to do the following:-
1) Fill out recent application by yourself or from any immigration professional
2) Avoid mistakes and over writes if filling with pen
3) Make sure you have Adobe Acrobat version of software to fill the application/fix errors
4) Properly copy the supporting documents (front & back) as per instructions
5) Pay full fee (not partial) with the submission of application
6) Do not leave any section un-filled on the application
7) Do not leave gaps in work and address history
8) Send photographs compliant to the specifications
9) Review the filled application or get it reviewed by a professional
10) Confirm and address the package to proper office
11) Respond to any additional document requests quickly
etc.
etc.
-
Yes, in order to adopt an orphaned child, the child must be under 18 years of age.
-
No, you would not be able to use your husband’s income in a super visa application for your parents because your husband must be a permanent resident or a Canadian citizen in order to co-sign.
-
You can apply for a PGWP within 180 days of having completed your studies. When your study permit expired, you should have applied for a restoration of your study permit status along with a post-graduate work permit application. Now, you can request to have a PGWP issued to you, however the outcome totally depends on the officer and how he takes the delayed time into consideration. You can address the reason behind your delay in applying for a study permit extension or you can also start a new program and apply for a post-graduate work permit after the completion of that course.
-
Your in-laws may have received an entry for only 15 days this time due to their previous travel history. Due to the reason that your in-laws would return back to Canada after only staying for 1 month in India, the officer may be suspicious that they are illegally working in Canada. As a result, the officer might have been suspicious that they will not return back to India so he decided to give them a very limited length of stay.
-
For a super visa application, your family size would be calculated as 8 members, not 6. This is due to the reason that when your husband invited his parents to Canada on a super visa, you were most likely a co-signer for the application. Now, when you will be sponsoring your parents, your husband would likely co-sign the invitation and as a result, your family size would be 8 members. Even if your in-laws have no intention of coming back to Canada but they have been issued a super visa so there is a possibility they could come back to Canada; therefore, your family size would be 8 members.
-
Sorry to hear about the loss of your father and mother. We have sympathy with you but your aunt (mom) does not qualify under the super visa category. This is because she is not your mother – rather she is your step mother. If your father were to be alive, my answer would have been different. Now you can try to invite her on a temporary resident visa or by filing a humanitarian and compassionate grounds application.
-
It is not mandatory to change your name or to add husband’s name to wife’s name. It is acceptable if she uses her parents surname even after the marriage. However, if she takes your surname, then that is an indicator of a strong relationship and commitment between you and your wife. She can also advertise her intentions of getting her surname changed in the local newspaper in order to obtain her passport with a new surname. If she likes, she can also change her full name as well and just add your surname to that new name.
-
You are going to be facing a tough interview in respect to your possible removal from Canada. Therefore, take the interview very seriously. I would suggest that you retain a lawyer or a professional immigration consultant who deals with admissibility hearings and misrepresentation cases on a regular basis. If you were to take the interview questions lightly and answer them improperly, then you could possibly be caught up in misrepresentation – whether you committed the misrepresentation directly / indirectly or knowingly / unknowingly.
If you are caught in misrepresentation, it would be a big trouble for you. Please remember that the ban for misrepresentation since November 20, 2014 is for FIVE years. Prior to 2014, the ban was for 2 years.
If you are well represented, then you may satisfy the officer and save yourself from being referred for an admissibility hearing. At the admissibility hearing, you will only get a few chances to satisfy the officer and board member of Immigration Division of Immigration and Refugee Board in order to make sure that you do not fall in more trouble. The case could possibly end up in Appeal Division or further in judicial review at Federal Court.
-
I would like to see your spousal sponsorship application sent along with supporting documents and refusal letter. After reviewing the documents, I can give my opinion. Sometimes grave mistakes are committed in the application; therefore, a fresh sponsorship is better in that case. If application has no mistakes then going for appeal is better as you may be selected for ADR and the matter will be over in a couple of months upon receipt of record from Immigration and Refugee Board.
-
If you have lost an appeal and there is no change in the facts, there would be a very little chance of getting a visa again. Pursuant to doctrine of Res Judicata, you would not get even a right of appeal. If there are any changes in the facts, the visa post can issue a visa to your wife. I would suggest that you go to your lawyer and consult with him in detail. If you do not want the services of your lawyer, clear your accounts with your lawyer and bring your file to us. The file should contain an appeal record sent to you by the minister’s counsel, submissions package submitted for ADR conference, defence package submitted at full hearing, and the decision on the appeal by a board member of Immigration Appeal Division. You can bring any other documents or information that you feel is a change in facts or can support your case.
-
Upon consenting an appeal matter at ADR conference, the Minister’s Counsel informs the visa post where a spousal sponsorship application was refused. The visa post then gets an updated application from the applicant asking for police clearance and medical examination. Then visa post requests for applicant’s passport in order to put an adhesive visa sticker. Your lawyer can assist you to speed up these steps if 5 months have passed and your wife has not been asked to update her application. If you need our services, you can bring your record issued from IAD, submissions submitted in your favour at ADR conference, and agreement with the minister’s counsel and we can assist you further.
-
The persons who enter Canada on a super visa are usually given an entry of 2 years by CBSA officers. They can live in Canada without extending their status for 2 years. If someone wants to extend their status, they should do it at least 4 months prior to the expiration of their allowed entry length.
-
I would suggest that the application should be filled with great care and without any omissions or errors. Keep and submit all the proofs of communication between the couple. When someone is called for an interview, go fully prepared to answer the questions of a visa officer. You can get prepared by yourself or prepare each other or obtain the services of an immigration professional who can prepare you professionally and you would not need to memorize unnecessary things and get panicked until the day of the interview. A couple of grands can save a year of your spouse’s income and hassle separately.
-
Well, I can give my opinion as what route you should take, i.e. sponsor again or go for judicial review, but I need to see the decision, record, and the defence documents submitted at IAD. It would be really beneficial if you have transcripts of the full hearing. If the decision maker (board member of IAD) has made any errors or may have missed any crucial evidence from being taken into consideration, then there would be grounds for the judicial review. Otherwise, you may sponsor your wife again.
-
Each immigration professional has its own experience and skills to deal with the matter at hand. If somebody has given you a lower quote, it means that lawyer/consultant did not realize the issues involved in your appeal. If somebody has quoted too high of a price, it may be based on their experience and volume of appeals.
-
Technically, the sponsor is supposed to receive the refusal letter and right of appeal to challenge the refusal by an officer at visa post. But practically, you do not need to wait and waste your time as you can file the appeal notice with the letter received by your wife overseas. As soon as you receive the letter, it could be updated with IAD at Immigration and Refugee Board. I don’t know why you didn’t receive the refusal letter as you should have received by now if you had provided proper email. The other reason for why you may have not received the letter is because the letter could have been mailed to your counsel, who was representing you with respect to your spousal sponsorship or any previous matter because the officer may have selected the representative on the record. The officer may not have realized that this belongs to your previous immigration matters.
-
Make sure with your parents if they may have applied for Canadian immigration under any temporary or permanent category for themselves and for you. The computer system may have picked you with your date of birth. If you or your parents never applied for Canadian immigration under any category, you need not worry about it. What happens sometimes, a person who had UCI in the past gets a new UCI for some reason. For example, someone was not using surname earlier and had a UCI without surname and now added surname and did not declare the previous UCI. When IRCC officer detects it, confirms with the documents and person and administratively confirms the new UCI for the person and releases the previous UCI in the pool of UCIs. When someone applies like your case, gets that old 8 digit UCI which was available in the computer database pool. It happens very rare; therefore, only very rare persons experience this. It may also be possible that there is another person by the same name as you are and same date of birth; therefore, computer picked you considering the other person.
-
No, you will have to submit documents according to rules of Immigration Appeal Division (IAD) and appear for mediation at ADR conference/meeting. Early resolution is in your favour; you will save time and money and your spouse will join you sooner. If you will not co-operate with the request of Immigration & Refugee Board, your appeal may be abandoned and your spouse will not be able to join you. You may be able to sponsor him/her again. In case your sponsorship is refused again, you will be again at the same square where you were before a year ago. In a case you are given a full hearing, it would be a high threshold as compared to ADR conference. Prepare documents and yourself for ADR mediation conference.
-
Alternative Dispute Resolution (ADR) conference is a stage in the process of spousal/parental sponsorship appeals. If a sponsor satisfies the Minister’s Counsel, the appeal is withdrawn and the processing of application continues at the visa post where it was stopped. Sponsor would not have to appear before the IAD panel member to give evidence where it is an adversarial process (your counsel advances your interest by asking questions to build your story and the Minister’s counsel asks questions to make holes in the story). It will save your time and money if the matter finishes at ADR conference.
-
A birthday / wedding / anniversary is not mandatory for a super visa invitation but it would not bad if there is/are such occasions. The visa officers looks at the family size of the inviters and the required LICO figures on the notice of assessment’s for the inviter(s), required insurance, and medical examination of the parents or grandparents.
-
Your parents might be visiting you on a temporary resident visa but not super visa. You might have extended their status already 2 or 3 times. The CBSA officers has the duty to examine the visitors and if they find the intentions of a visitor are not true, they can send them back right away or allow a few weeks entry.
-
Statistics Canada determines how much income is required for survival (food, clothes, and shelter) for an individual in Canada. IRCC (Immigration Canada) adopts the income designated by Statistics Canada. IRPA has the authority to implement these income requirements for inviters of super visa applicants and sponsors of parents and grandparents for permanent residency.
-
If your grandparents want super visa again, you need to send them to their country of origin, i.e. India. If you simply want to extend their status in Canada, you can do it here from within Canada. This will be an extension of 6 months or a year, not 2 years as granted in a super visa category. Since your grandparents’ super visa is expiring in 3 months, you need to apply for super visa and they should be outside of Canada.
-
All officers has authority vested in statues, e.g. Immigration & Refugee Protection Act (IRPA). The officer who reviews applications and issues visas has jurisdiction of deciding the applications. The CBSA officer has jurisdiction of allowing / refusing entry to eligible / ineligible persons who present themselves at the land, sea, or airport borders.
-
There could be number of avenues to bring your spouse to Canada. For example, he can come as a visitor and then you can sponsor him under the ‘within Canada spousal sponsorship category’. Secondly, he can apply for study permit in Canada and then you can live together. Thirdly, he can come on a work permit. Fourthly, you can show your intentions that you now want to live in Canada permanently and sponsor him even from India but the bar would be a bit high as compared to other categories upon you as a sponsor. To assess you properly and suggest you the right path, you need to send me your documents of study, identity, updated resume etc. We can contact you after assessing the documents properly and advise you.
-
Sure, we can try to secure an admission in a one year program in a college located in Brampton. It will help you to obtain a PGWP for 3 years upon the completion of your 2nd program. The fees to apply are not much but you should not take a risk by only applying for one college. The saying “do not put all eggs into one basket” is something that you need to take into consideration. Send us all of your educational documents, passport, study permit, college transcripts, driver’s license or provincial identity, and choice of your college and course. We will search and contact you a.s.a.p.
-
The LICO and MNI are specified income tables required for super visa and PGP sponsorships respectively by IRCC. For visitor matters there is no set criteria of income of savings for inviter or a proposed visitor. Keeping this in mind, whatever funds you will have e.g. 20K or 80K will be more than sufficient because a visitor is coming for a short period; therefore, the expense will be only food or drinks etc.
-
Your question is very straight forward but answer is not that easy. I need to know lot of information from your before I can give my opinion about your parents H&C application. I need the following documents or information for you and your parents:-
1) Identity documents (Passports, Driver’s License, Provincial ID, Aadhaar card etc)
2) Your status in Canada (PR or Cdn. citizen), your marital status (Single/Married/Divorced)
3) Your sources of income (Job/business/spouse has job/spouse has business)
4) What difficulty your parents face in India? Do you have any proofs?
5) What benefits you and your children may have if your parents will live in India?
6) Why your parents should be given exemption to file an application for H&C in Canada?
-
Yes, you can get your sister’s stay extended. Make sure you show that you are economically established by submitting supporting documents. You can search for the documents checklist on our website ‘crownimmigration.com’ or check it from IRCC’s website.
-
‘Low Income Cut Off’ (LICO) is required for a super visa application but not for a temporary resident visa. There will be a good impression on the deciding officer if an inviter meets or surpasses LICO. Other factors like income and savings of applicant(s) are also weighed by a visa officer before making a decision on a proposed visitor’s application. The family composition and family ties to Canada and to applicant’s country also play a vital role. The reason for visit affects officer’s decision as well. The travel history of applicant(s) has its own role in approval or refusal of a temporary resident visa (TRV), generally referred as a visitor visa.
-
Yes, by a temporary resident visa I am referring to a visitor visa. In regards to your second question: humanitarian and compassionate applications can be filed inside Canada or outside Canada. If H&C is filed inside Canada, the immigration officers have a mandate to assess and complete the application as soon as possible. On the other hand, for H&C applications filed outside Canada, there is no such mandate hence, an application can take years.
-
Here are the elements that bring in Res Judicata: The case is considered the same if the following facts are the same – identity in the thing at suit; identity of the cause at suit; identity of the parties to the action, identity in the designation of the parties involved; whether the judgment was final; whether the parties were given and full fair opporunity to be heard on the issue.
-
I hope there won’t be any problem unless I am unaware of any medical or criminal facts of your would be sponsorship matter. Just remember to provide proper history of your parents since turning 18 years of age; including their previous residence of 2010 in Canada. Wish You Good Luck !
-
The fact that your parents received a new UCI is not an issue but have they ever been refused a visa or entry to Canada or any other country?
