Criminally inadmissible into Canada, now what?

By Author: Admin | August 24, 2016

Criminally Inadmissible into Canada, what are my options?

Immigration Law Inadmissible into Canada for criminality_CHaudhary Law office

If you are a foreign national and you have been found inadmissible into Canada on grounds of criminality there are several options that are available in order for you to be able to enter into Canada. Every case is different and one should always seek legal advice from a competent immigration lawyer but here is a brief overview of the Law regarding inadmissibility on grounds of criminality into Canada.

What is inadmissibility on grounds of criminality?

Section 36 (2) of the Immigration and Refugee Protection Act states that a foreign national may not enter Canada because of criminality for:

  • having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;
  • having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;
  • committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or
  • committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations.

In Canada, criminal offenses fall into three categories Summary convictions, indictable offenses and hybrid offenses.

First, there are offences punishable upon summary conviction only (or “pure” summary conviction offences) (see section 787(1) of the Criminal Code). They are, generally speaking, the least serious offences and attract the lowest penalties fines of not more than 5000$ and/or a term of imprisonment not exceeding 6 months.

Second, there is Pure Indictable offenses, they are the most serious offences, and they carry with them the most severe penalties upon conviction. The sections creating “pure” indictable offences are always accompanied by a specific penalty provision.

Third there are hybrid offenses also called crown elect offenses they are either punishable by summary conviction or by indictment. All hybrid offences are accompanied by a specific penalty provision that sets out the maximum penalty available should the Crown proceed by way of indictment. For immigration purposes in Canada a hybrid offense will be deemed to be an indictable offense.

What can I do to enter Canada?

There are three possibilities if a foreign national is found to be inadmissible for criminality into Canada. First, there is the rehabilitation for persons who are inadmissible to Canada because of past Criminal Activity application. Second, if the person is not eligible for rehabilitation because five (5) years have not passed since the end of the sentence imposed or you are not eligible to apply for a record suspension (formerly a pardon) for convictions in Canada, you can request a special permission to enter Canada.  Third, there is an application to request Humanitarian and compassionate grounds.

Rehabilitation for offenses inside of Canada

If you have a criminal conviction in Canada, you must seek a record suspension (formerly a pardon) from the Parole Board of Canada (PBC) before you will be admissible to Canada.

In order to be considered for a record suspension under the Criminal Records Act, a specified period of time must pass after the end of the sentence imposed. The sentence may have been payment of a fine, period of probation, or imprisonment.

Rehabilitation for offenses outside of Canada

You are eligible to apply for rehabilitation if you have:

  • committed an act outside of Canada and five (5) years have elapsed since the act;
  • been convicted outside of Canada and five (5) years have passed since the end of the sentence imposed.

If you were convicted of an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:

  • You are deemed rehabilitated: at least ten years after completion of the sentence imposed.
  • You are eligible to apply for rehabilitation: five (5) years after completion of the sentence imposed.

If you committed an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:

  • You are deemed rehabilitated: at least ten years after commission of the offence.
  • You are eligible to apply for rehabilitation: five (5) years after commission of the offence.

If you were convicted of an offence or you committed an offence outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of ten years or more:

  • You are deemed rehabilitated: not applicable.
  • You are eligible to apply for rehabilitation: five (5) years from completion of the sentence or commission of the offence.

If you were convicted for two (2) or more offences outside Canada that, if committed in Canada, would constitute summary conviction offences:

  • You are deemed rehabilitated: at least five (5) years after the sentences imposed were served or to be served.
  • You are eligible to apply for rehabilitation: not applicable.

Humanitarian and compassionate grounds

section 25 (1) of the Immigration and Refugee Protection Act allows foreign national to seek an exemption from the law if they are found inadmissible on grounds of criminality:

25 (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35 or 37 — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35 or 37 — who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.

Relevant Factors that officers consider when granting such relief are set in Guidelines and are not limited to:

  • establishment in Canada;
  • ties to Canada;
  • the best interests of any children affected by their application;
  • factors in their country of origin (this includes but is not limited to: Medical
  • inadequacies, discrimination that does not amount to persecution, harassment or other hardships that are not described in A96 and A97);
  • health considerations;
  • family violence considerations;
  • consequences of the separation of relatives;
  • inability to leave Canada has led to establishment; and/or
  • any other relevant factor they wish to have considered not related to A96 and A97.

The Guidelines provide that the relevant considerations are to be weighed cumulatively as part of the determination of whether relief is justified in the circumstances.

Conclusion

We have seen three possibilities for individuals who are found inadmissible on grounds of criminality. If you or someone you know is inadmissible for criminality and wishes to come to Canada contact Chaudhary Law Office.

Slippery Policies Behind Proposed Changes to Work Permits and Temporary Foreign Workers’ Rules

By Author: Admin | August 18, 2016

The granting of applications such as Labour Market Impact Assessments (LMIAs)  and many work permits is subject to policy imposed by Canada’s immigration department.  Policy – as distinct from law – can be altered by governments with ease, as compared to, for example, laws and regulations.

The current government intends ease foreign workers’ entry into Canada.  A  “waving [sic] of  labour-market impact assessments in certain cases where that would help attract top talent to come to Canada,” is being contemplated by immigration Minister McCallum.  Similarly, from the same report, a spokesperson for trendy spandex maker/ alleged fat shaming entity Lululemon expressed the need for importing skilled persons in the field of ” design, product development and digital work”.

lululemon logo The  previous quote implies that the easing of rules with apply to those with executive-level or specialized skills such as computer-assisted design.   However, one can question whether there is a reluctance on the part of Canadian companies to train local Canadians, who graduate from Canada’s “world-class” post-secondary institutions.  Does not Canada have many colleges and universities with programs in such related courses such as business  administration and information technology?  Many foreign students seem to think so.

The Minister stated, “We’ll get rid of many of these [required] labour-market impact assessments which slow things down enormously.”   A change in policy aimed at reducing the need for LMIAs, presumably would be done in a targeted way to ensure that there is some net benefit to the Canadian labour market, such as job creation, or the transferring of skills to a Canadian company’s existing Canadian employees.

The danger with any exempt LMIA is that such exemptions spring from policy, not law or regulation.  The underlying law is couched in vague terminology such as “significant benefit” specifically R205(a), of the Immigration Refugee Protection Regulations which describesSignificant benefit” in terms of “maintain[ing] significant  social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents”.   Similarly, many LMIA exempt categories come under the law at R205(c)(ii) of the Immigration Refugee Protection Regulations which cites “Public policy, competitiveness and the economy,” as rationales behind allowing foreigners to work in Canada without the need for the destined Canadian employer to seek out Canadians as prospective employees.

The above terse sections of Immigration Refugee Protection Regulations are clothed by a manual of policy.  The advantage for the government is that policy can be added at a whim.  The disadvantage is for employers and the Toronto immigration lawyers that represent those employers is that officers can misinterpret policy, or choose to ignore policy.  The result is that many LMIA exempt work permits can be easily refused by an immigration officer without proper assistance from a Toronto immigration lawyer.

If you are a Canadian employer seeking seeking to hire a foreign worker, contact Chaudhary Law Office.

 

Is Canada the best place to immigrate to? (A Response to a Quora Reader)

By Author: Admin | August 5, 2016

Toronto immigration lawyer‘s point of view on the above question is circumscribed by the location, i.e., being located in an urban setting in Canada.

A significant factor when determining which country would be  the best place to immigrate, would include whether one can economically establish in Canada.  Similarly, the ability to qualify as an immigrant to Canada is directly related to the same question, “will the candidate have the ability to successfully establish in Canada”. (in the economic sense).

Toronto immigration lawyer

The ability to successfully establish in Canada is affected by factors such as knowledge of Canada’s official languages, quality/amount/type of  education, age when immigrating, and to a lesser extent, support of relatives in Canada, among other factors.  The more obvious criterion from the immigration department’s point of view, is whether there is a valid job offer being offered by an employer in Canada; a valid job offer would assuage the Canadian government’s concern about whether the would-be immigrant can economically establish in Canada.

A cursory look at the criteria for immigration to Canada reveals that those persons who have worked in Canada at a suitably skilled job for at least one year are at a definite advantage in comparison to those who have only acquired work experience outside of Canada.   Similarly, people who have worked for at least one year in Canada, plus have worked for more than one year outside of Canada in a suitably skilled job are deemed more attractive under the Canadian immigration criteria.

Similarly, those persons who intend to immigrate to Canada as business people have a higher chance of success for immigrating if they demonstrate to an immigration officer that they have visited Canada, and have carried out research related to the intended business to be established or purchased; a proven track record in managing a business in the country of origin is also viewed favourably.

Recent political events in England have spurred interest of certain British citizens to immigrate to Canada as farmers.  Such a self-employed candidates may have to deal with a host of regulatory issues related to farming that are not present as a farmer in the United Kingdom.  Such potential Canadian farmers may be viewed favourably by the Canadian immigration system, if they demonstrate the funds and ability to operate and/or purchase a farm in Canada.

People who don’t possess the skills to economically integrate into Canada would not not find Canada to be the best country to immigrate to.  Such persons may have immigrated to Canada in their 40s or older, after working in their country of origin, and being recognized in their country as an expert in their field.  Such persons may find that their educational credentials are not recognized, nor is their work experience given much value in the Canadian labour market. Such persons may toil in a job that does not utilize the skills and education they have acquired, and such persons may find immigrating to Canada to be a grave mistake.  This sometimes necessitates the main breadwinner of the family to return to the country of origin to continue employment, so as to support the family that remains in Canada.

 

 

Job Offers to Support an Immigration Application under Express Entry

By Author: Admin | July 26, 2016

Foreign nationals who seek to enhance their chances of success for immigration to Canada have many options.  One such option is obtaining a job offer in Canada.  The job offer must be supported by an Labour Market Impact Assessment, or an analogous process that is offered by one of Canada’s provincial governments.

Certain jobs such as that of nurse require provincial licensing.  Such licensing is usually only possible if one has written examinations administered by a provincial licensing body.  This requires being able to visit Canada for the purpose of writing the licensing test.

hired

Once obtained, a Labour Market Impact Assessment can increase the points under Express Entry by 600.  Such an increase would make the obtaining of an Invitation to Apply assured. Such an increase in points would eclipse those presumably disadvantaged candidates who may not have a level of CLB 9 in one of the official languages, or master’s level of education.  Such a job offer can also mitigate the negative effect of being over 30 years of age (age 30 is when the points under Express Entry peak).

The practical difficulties relate to the fact that obtaining a job offer supported by a Labour Market Impact Assessment is extremely difficult unless the potential Canadian-based employer has interviewed the foreign candidate personally.    This would require permission to visit Canada.

Persons who hold certain passports associated with more freedom of entry (e.g. passports issued from more economically advanced countries) are thus at an advantage in terms of being able to secure a job offer in Canada to buttress an Express Entry application.

Bear in mind that study permit holders in Canada can apply for a work permit and the resultant work experience under that work permit (if over one year in duration) has a positive impact on the points under Express Entry.

In summary the Canadian government only wants those upwardly mobile candidates from third world countries with high levels of English and/or French, or those candidates who have worked in Canada.  It is easier to acquire employment in Canada if you can legally enter Canada as a student or as a work permit holder.

I’m repatriating to Canada, do I need to prove I have taken certain vaccines to get back in?

By Author: Admin | July 24, 2016

A Quora user had the above question.  My response is:

Canadian citizens have a right to enter Canada if they present proof of Canadian citizenship such as a passport at a Canadian port of entry. Given that right, it is highly unlikely that port of entry officers would query a returning Canadian about their vaccination record.

 

Consular Offices/ Embassies and Canada Immigration

By Author: Admin | July 15, 2016

console embassy immigrationA key player in obtaining a visa to Canada is often a consular office or Embassy of a country.  The consular office of importance is often the one corresponding to your own country of citizenship, or of a country you resided in for more than six months.

Your own consulate would have to be contacted if your passport has expired because Canada’s immigration department won’t (in most cases) issue you a visa if the validity  on your passport is less than six months in duration.

Aside from passport issues, a consulate may have to be contacted for a police clearance, showing you have had no adverse criminal history when residing in a country other than your home country. General instructions for a police clearance are provided by CIC.  However, consulates can be peculiar entities.  Many consulates are characterized by truncated hours of operation, indifferent or a small number of staff, and additional requirements  that are not always revealed in a timely way.   This may make obtaining the required document, be it a police clearance, or new passport, a difficult endeavor.

For example, some countries’ consulates will not issue a police check if there was an immigration/visa violation committed in that country.  This may even apply to a relatively minor violation such as overstaying on a visitor visa for a few days.  In those circumstances the consulate might refer you to a police or other government department within the country you visited.  This may necessitate your obtaining a third party such as a lawyer or attorney to make enquiries within the country, if not physically travelling to the country to deal with the matter yourself.

Consulates from certain countries, for example, Saudi Arabia, expressly provide no venue through which an applicant can approach said consulate for a police clearance. Rather, an official letter must be issued from the Canadian immigration department addressed to the Saudi authorities,  specifically requesting a police clearance.

Some consulates won’t issue passports if you have made a refugee claim or if you are of a certain religious or ethnic minority within your country of citizenship, such an Ahmadiyya Muslim in Pakistan.  The failure to possess a passport makes Canadian visa issuance extremely difficult.

In such circumstances, an immigration lawyer in Canada may be retained to deal with matters such as requesting a waiver of a passport, or providing advice about what alternative steps may be taken to deal with an outstanding police clearance.   Feel free to contact Toronto immigration lawyer Max Chaudhary of Chaudhary Law office in such matters.

 

Renewing Your Permanent Resident Card

By Author: Admin | June 29, 2016

toronto immigration lawyer

A permanent resident card is subject to maintenance.  Like an automobile, the amount of maintenance depends on how the card is being used.  For example, if you obtained permanent residency in Canada and then never left Canada for five years, there is relatively little effort involved in maintaining permanent residency.  In fact, remaining in Canada on a permanent resident card for such a duration may allow one to apply for Canadian citizenship after suitable evidence has been acquired.  Acquiring Canadian citizenship would be the successor status to that of permanent resident card holder.

By contrast, if your permanent resident card has been used to travel outside of Canada extensively, then the ability to renew it may require additional maintenance.  Such maintenance would include documenting your entries and exits in Canada.  The source of such documentation may be your passport.  Similarly, in the near future the Canadian government will be collecting data on persons departing Canada.  This latter ability of the Canadian government may ensure that persons who mis-state their exits from Canada may not be trusted  As a consequence, their permanent resident card may be revoked, should an officer determine that one of the main requirements (i.e. to acquire two years of physical presence in the previous five years), has not been met.    In such a case an appeal may be available.  The Canadian government may nevertheless   revoke permanent resident status even if the misrepresentation is inadvertent and/or unintentional.

The reason for travelling outside of Canada may be helpful in terms of renewing your permanent resident card. For example,  if you are employed by a Canadian based business full time and on a short term basis, that time may be counted towards the time needed to be present in Canada.  This rule does not transfer to the law regarding Canadian citizenship which requires strict physical presence in Canada for the requisite time dictated under the Citizenship Act.  Because the full time employee of a Canadian business  exception allows one to be outside of Canada longer than the three years out of five and still maintain permanent resident status, said exception is subject to a great deal of skepticism by officers.

Who you accompany outside of Canada may be helpful. If you are married to a Canadian citizen spouse or de facto spouse, and if you are accompanying them outside of Canada, then your required time that must be accumulated in Canada in order to maintain permanent resident status may be counted towards meeting the residency obligation requirements of two years out of five.  The caution when relying on accompanying a Canadian spouse abroad may lie proving that you have been accompanying the Canadian spouse.  Such proof may include evidence of what the Canadian spouse is doing outside of Canada, and your activities while outside of Canada accompanying the Canadian spouse. The actual time one must be with their spouse is the subject of some debate, where some have stated that you need not accompany your spouse by living with the spouse at the same residence.

If you are considering renewing your permanent resident card, it would be preferable to get some advice before filing.  Such advice may relate to the chances of success, and also, the documents that may make or break your permanent resident status.

If you’re looking for a Toronto immigration lawyer, look no further than Max Chaudhary of Chaudhary Law Office.

The Quebec Investor Program

By Author: Admin | June 15, 2016

quebec investor program toronto immigration lawyerThe Quebec Investor Program is the only remaining investor program that is still accepting applications for Canadian immigration.  By contrast, the federal government cancelled its investor program on June 19 2014.

The intake period for receiving applications to the Quebec Investor Program is from May 30 2016 until February 28 2017.  The maximum investor applications during this period that will be permitted is 1900.

Language requirements  include ‘intermediate’ ability in the French language assessed via standardized test. However, the language requirement is not necessary if there are less than 1900 investor applications filed with the Quebec government. If you’re looking for an immigration lawyer in Toronto that knows the ins and outs of the the Quebec Investor Program, look no further than Max Chaudhary of Chaudhary Law.

Minimum Income

An applicant must have net assets of $1.6 million.  The calculation of net assets can include those of a de facto spouse.  However, Net assets cannot include gifts acquired less than 6 months before the investor application is filed.

Experience

The work experience sought by the Quebec government must relate to planning, managing and controlling financial resources and human resources.  Experience does not include time being an apprentice, or under training, despite the amazing and relevant experiences that may have accrued under that training.

With respect to the venues of experience, these may include experience in Management, in farming or a commercial or industrial business where there were two full time employees.  The timeliness of the experience is limited to a minimum of two years in the past five years before filing the application for a selection certificate.

Where the Experience May Be Acquired

Work experience acquired at a government or international agency is also considered.  There is equal scrutiny by an officer on either type of governmental work experience (i.e. work experience in the private sector as opposed to experience acquired at a government).  With respect to government experience, the scrutiny would focus on the position in the government as well as the government’s human rights record, among other things.

As many investors are self-employed, the type of scrutiny regarding work experience is different, owing to the fact that such self-employed persons have other means to prove that they have management more than two persons.  Such documents may be naturally generated during the course of operating the business (e.g. employment registry, proof of salary of employees, proof of payroll taxes being remitted for employees).

The Cost

The investor applicant must be willing to part with $800k with one of a dozen or so approved brokers or trust companies.  This $800k is guaranteed by the government of Quebec.

Investor versus Entrepreneur

In comparison to the current entrepreneur programs of many provinces, the Quebec Investor program does not require the direct purchase or establishment of a business in Canada.  Rather, the money invested is handed over to one of a list of approved brokers or trust companies.   As such, the time associated with researching a suitable business to purchase or establish is saved by the would-be immigrant.  Similarly, the risk of setting up or purchasing a business that is subsequently unsuccessful is eliminated.

Documents Required

The documents that support an application would include proof of the funds, and proof of the work experience.  With respect to the proof of funds, the origin of the funds is scrutinized heavily by an immigration officer.  Often, officers make direct contact with third parties who have issued documents that show the source of the funds.  Such third parties may include government offices that keep a record of a company being registered, or offices that issue proof of taxes being paid, or licences being issued.

If you are considering an investor application, or if your investor application is delayed, contact Toronto immigration lawyer Max Chaudhary at Chaudhary Law Office.

The Challenges of Sponsoring a Spouse for Immigration to Canada

By Author: Admin | June 1, 2016

spousal immigration canadaThere is often a chain of immigration that has its origins in one individual, perhaps named Bob, or Bilal, or Bhavik, or Bao, or Boris (hereinafter “Bob”).  Bob may have immigrated to Canada as a skilled worker.  Bob gets married to a foreign national who is sponsored for immigration to Canada (perhaps her name is Kathy or Khadija, hereinafter “Kathy”).  Kathy, and Bob agree to sponsor Kathy’s parents and Kathy’s younger sister Kaitlyn.

The parents and Kaitlyn are approved to be sponsored and are scheduled to land as permanent residents.  On July 1 2015.  However the week before July 1 2015, Kaitlyn gets married.  On July 1 2015, at the airport in Toronto, the parents and Kaitlyn present their Confirmation of Permanent Resident Documents and enter Canada as permanent residents.

Kaitlyn, now possessing her permanent resident status, wants to use that status to sponsor her husband.  She lodges the application to sponsor her husband.  In that application, an officer notices that the date of the marriage is before the date that she landed as a permanent resident in Canada.

The officer  gives 30 days for Kaitlyn to provide proof as to whether this is true.  The officer cites the Immigration Refugee Protection Regulations at 117(9)(d) which states,

117(9)    A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if…..

 

(d) Subject to subsection (10), the sponsor previously made an application for

permanent residence and became a permanent resident and, at the time of that

application, the foreign national was a non-accompanying family member of

the sponsor and was not examined.

 

Kaitlyn is confused and is wondering whether she can respond to the officer and still get her husband status in Canada.  She googles 117(9)(d)  and finds out that some people have also made this error and that it has been done by others as an honest mistake.  Using her google search, she tells the officer in her case that it was an honest mistake about not declaring the existence of her marriage when she came to Canada on July 1 2015.

The officer considers her explanation that it was an honest mistake that prevented her from disclosing her marriage when she first obtained her permanent resident status.  The officer refuses the sponsorship of her husband.  Kaitlyn is sad.  She gets sadder as the days advance.

A month later, her parents receive a letter stating that he may be inadmissible to Canada because the family committed a material misrepresentation when they  landed on July 1 2015 as a result of Kaitlyn’s omission regarding her marraige.  The misrepresentation lay in the fact that his dependent daughter Kaitlyn failed to disclose a material fact that would have affected her ability to become sponsored as a dependent daughter.  The material fact not disclosed was that she was married to someone before she acquired permanent resident status.  It is material because she would not have been eligible to be a dependent daughter.  The Immigration Refugee Protection Regulations in this regard are unforgiving.  Even if an officer at the time of landing did not ask about whether you are married or have dependents, the form that is signed (i.e. the Confirmation of Permanent Residence) when you land asks “Have you any dependents other than those listed below?”  The adult applicants are asked to sign that document before being granted official status as a permanent resident.

If this situation has happened to you or someone you know, contact Toronto immigration lawyer Max Chaudhary of Chaudhary Law Office for advice on what options you may have.

English and French Language and Immigration to Canada – What Amount of Skill is Needed?

By Author: Admin | May 17, 2016

english french speaking immigration to canadaThe Express Entry system constitutes the gateway to filing a skilled worker application to live in Canada permanently. It is apparent that (at least with respect to the Canada Experience Class category), the minimum level of English or French language skill depends on the degree of education that the intended job in Canada requires.  Similarly, applicants falling under the Federal Skilled Trades category  (which incudes jobs typified by less formal education), require less fluency in language than those jobs that may fall under the Canada Experience Class (i.e. National Occupational Classification jobs at the “B” level).  In turn, those Canada Experience Class jobs falling under the NOC “B” level require less language ability than those National Occupational Classification jobs at the “A” or “0” level.

The Canada Experience Class requires at least 12 months of full-time work experience within the past three years.  The concern for those aspiring to become a Canada Experience Class candidate is that the specific work performed in Canada dictates the level of language skill required.  As such, if you worked in a National Occupational Classification level “0” or “A” job, you are ineligible to apply under the Canada Experience Class unless your language level is at the Canadian Language Benchmark (or CLB) of 7.  On the other hand, if your work experience in Canada was at the National Occupational Classification level of “B”, then a lower Canadian Language Benchmark (or CLB) applies (i.e. CLB 5)

The Federal Skilled Worker program, another pathway into the Express Entry system requires a minimum  Canadian Language Benchmark (of CLB) of 7 in English (in French, the requirement under the Niveaux de compétence linguistique canadiens (NCLC) is also 7) .

The above language requirements constitute only the entrance into the Express Entry  pool.  To be competitive, one must have regard to the language levels that are specified under the Express Entry system.  The language requirements therein favour applicants who have scored a level of CLB 10.  Such requirements ensure that only those elite students from non-English speaking countries (i.e. those who can obtain a high quality education in the English or French languages) would be favoured under Canada’s immigration  system, particularly when the Invitation To Apply is prefaced by a higher selection threshold.

Other applicants who don’t fare as fluently under under the language factor must make up the shortfall by having more work experience, or a Labour Market Impact Assessment-approved job offer.  Possessing the latter ensures in the eyes of Canada’s immigration system the successful establishment of the foreign national  into the Canadian labour market.

If you have any difficulties navigating the language requirements for immigrating to Canada, contact Toronto immigration lawyer Max Chaudhary of Chaudhary Law Office.

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