CANADIAN IMMIGRATION LAW

There are multiple temporary or short term visas to Canada that allow individuals to live, work and study. Below, you will find the various visa categories for temporary status in Canada. We welcome the opportunity to prepare an immigration package that suits your specific needs and goals.

VISA CATEGORIES

A TRV is a temporary tourist visa used for leisure or tourism. The maximum validity period is six months. There are both single entry (allows visa holder to enter Canada once) and multiple entry visa (valid for up to 10 years, six months at a time). Applications are accepted online, or paper-based.

The eligibility requirements that a traveler must possess include:

  • a valid travel document (for example, a passport)
  • good health
  • no criminal or immigration-related convictions
  • ties to their home country such as a job, home, assets or family
  • intent to leave Canada at the end of their visit
  • sufficient money for their stay

Most travelers require a TRV to travel to Canada. A visitor visa may also be required for travelers who have a connection flight through a Canadian airport on their way to their final destination.

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Over 100,000 student visas are issued by the Canadian government each year. Canada is a great place for students from around the world to come to study at a designated institute for a specific period of time. In most cases, a study permit is required for all foreigners who want to study in Canada unless they plan to enroll in a course or program for less than 6 months; or they are a family member or staff member of a person who is a foreign representative to Canada.

Candidates seeking a student visa must meet the following requirements:

  1. Possess an acceptance letter from a qualified Canadian educational institution; and
  2. Possess sufficient funds to pay for their tuition, living expenses and their general stay in Canada.

Our law firm is ready to help you find the right school and submit your application for Canadian Permanent Residence if you desire to settle in Canada after your studies. Allow us to provide you with peace of mind as you prepare to take the next steps in your academic career.

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Students who graduated from a participating Canadian post-secondary college or university can gain work experience in Canada through the Post-Graduation Work Permit Program (“PGWPP”). The skills graduates gain from their work experience helps them qualify for permanent residence in Canada through the Canadian Experience Class.

Employers who seek to hire open work permit graduates are exempt from the requirement to first obtain a positive Labour Market Impact Assessment (“LMIA”) from the Employment and Social Development Canada. Instead, open work permits issued to graduates are coded with the LMIA exception code (C43).

A work permit under the PGWPP may be issued for the length of the study program, but only up to 3 years. Permits are not valid for longer than the student’s study program, which must be at least an 8-month program.

Contact our law firm to obtain a post-graduate work permit so you can work after your study in Canada.

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Would you like to work in Canada? The Canadian government encourages bright and highly skilled individuals from around the world to apply for a temporary work permit. If you choose, you can apply for permanent residence after obtaining your temporary work permit.

Canada’s job market is ideal for foreign workers because, in most cases, you can enjoy higher wages and better working hours. To legally work in Canada, you must first obtain a work permit. When considering which foreign worker to admit into Canada’s workforce, the government must balance two factors: (1) the country’s need for highly skilled workers and (2) a need to protect its current workforce. This balancing test has led to a very complex employment mechanism that offers a number of pathways to work in Canada. These pathways include the following:

(1) Labour Market Impact Assessment (“LMIA”): An LMIA is an approval letter issued by The Employment and Social Development of Canada (“ESDC”). Your Canadian employer must obtain the LMIA on your behalf by demonstrating that there are no qualified Canadian workers available to fill the job position and that the foreign worker will be receive a salary and benefits based on federal and provincial standards. After receiving a positive LMIA, a foreign national may apply for a Canadian work permit.

(2) North American Free Trade Agreement (“NAFTA”): The NAFTA immigration pathway is applicable to American and Mexican citizens who need to expedite their entry into Canada as a skilled worker who is working intra-corporately. In other words, these foreign workers have specialized knowledge and need to be transferred to the foreign corporation’s Canadian subsidiary, affiliate or parent branch. This type of visa is granted to professionals with specialized knowledge or professionals who fall in the managerial or executive class. What makes NAFTA so expedient is that it eliminates the LMIA process via ESDC and enables foreign workers (after obtaining an offer from a Canadian employer) to apply directly for a work permit.

There are 4 categories of professionals who can take advantage of NAFTA’s expedient entry process:

  • Business visitors
  • Professionals
  • Intra-company transferees
  • Investors

(3) International Experience Class (IEC): The IEC work permit is a great way for students and young adults ages 18 – 30 to gain work experience in Canada. Canada’s relationship with many countries allows foreign students, young workers and young professionals to enter Canada for 1 – 3 years to gain Canadian work experience. Based on a quota system, the IEC permit also allows Canadian employers to hire applicants on a permanent basis (i.e., permanent residence) using one of several immigration pathways available to them.

(4) Work Permits for Students: For those students who would like to gain some work experience while furthering their education, a Student Work Permit allows them to do both. Under the Canadian Experience Class, students who are studying at an immigration approved school are eligible for a work permit after 6 months of study. With their work permit, they are permitted to work part-time (up to 20 hours a week) during the school year and full-time during their summers.

Taking any of the above pathways will require involvement of two government entities — the departments of ESDC and Immigration, Refugees and Citizenship Canada (“IRCC”). The Canadian work permit process is very complex, but our law firm welcomes an opportunity to help you navigate the complexities of this process so that you can immigrate to Canada quickly.

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If you are a permanent resident or Canadian citizen, you are eligible to sponsor your parent(s) and grandparent(s) to enter Canada on a Super Visa. If your parent(s) or grandparent(s) qualify, a Super Visa will allow your family member to travel in and out of Canada up to two years at a time, for a maximum duration of ten years.

To be eligible for the Super Visa, a parent(s) or grandparent(s) must have the following:

  1. A signed letter from the child or grandchild inviting them to Canada. This letter must contain specific terms, including the duration of their stay, number of people in their household, and specific immigration documents. Please consult with one of our qualified immigration attorneys to help you determine the vital information and specific terms your letter must contain.
  2. Proof of valid medical insurance coverage from a Canadian insurance company.
  3. Proof of financial support (i.e., parent(s) or grandparent(s) financial assets and child or grandchild’s Low Income Cut Off demonstrating that they possess the minimum income necessary to support their sponsored parent(s) or grandparent(s)).

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The FIN program allows Canadian public service managers to hire eligible newcomers to fill job positions on a temporary basis. This program is designed to help employers fill skilled labor shortages if the employer is a federal government department / agency or government organization located in or around one of the following areas:

  • Ottawa-Gatineau
  • Halifax
  • St. John’s, NL
  • Toronto
  • Victoria

To help interns adjust to Canadian work-life, the Canadian government offers professional development and training courses to interns who are placed through this program.

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Each year, Canada attracts thousands of business visitors to its large, thriving economy. As a person desiring to enter Canada to do international business (as opposed to entering the Canadian workforce), a business visitor visa is what you need. As you will not be entering Canada’s labour market, you do not need a work permit.

Whether the purpose of your business trip is attending a business conference, procuring goods or services or training employees at your foreign corporation’s Canadian office, you will not need a work permit to come to Canada as long as you can prove that your main source of income and main place of business are outside of Canada.

However, there is a fine line between doing work for a Canadian company (which may require a work permit) and doing business with a Canadian company. Therefore, our law firm will gladly help you determine whether the activities of your business trip warrant a business visitor visa or work permit.

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