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.

Faster Citizenship Processing – For Some

By Author: Admin | May 4, 2016

Canadian Citizenship Max ChaudharyThe current system for acquiring Canadian citizenship is a more straightforward one.  The current system now relies on an assessment of  physical presence in Canada.  The amount of days needed in Canada (after Bill C-6 is passed) will be a minimum three years out of five, rather than the four years out of six.  In addition, half-days will be credited for the time spent as a permanent resident in Canada prior to becoming a permanent resident, up to a maximum amount of one-year’s worth of days.

Because the current system need not assess more subjective definitions of residency, such as the quality of ties to Canada, or the more complex Koo test , citizenship officers need not request as many documents as in the past where the tests were more subjective.  For example, gone are the requirements to submit a laundry list of documents other than proof of residing in Canada.  The changes are summarized on an older Federal Court case lamenting the need to supply such documents under the old system:

“..The statute does not direct the court to evince sentimentality in order to evade, or to defy the statutory requirement for residence. Perhaps because of misunderstanding of this Court’s previous jurisprudence, applicants seem to be advised to keep Canadian bank accounts, magazine subscriptions, medicare cards, lodgings, furniture, other property and good intentions to meet the statutory criterion, in a word, everything except really residing among Canadians in Canada for three out of the previous four years, as Parliament prescribes. One may ask so what if the would be citizen be away at school or university? What is the urgency? If the candidate cannot find an adequate school or university in Canada, let him or her study abroad and then return to Canada in order to comply with the residence requirement….”

Canada (Minister of Citizenship and Immigration) v. Chan, 2000 CanLII 16553 (FC)

However, the fact remains that there are now two sets of applications contained in citizenship caseload that must be disposed of.  The older cases, which may have included the extra evidence submitted above would of necessity take an officer a greater amount of time to review.  I’ve come across such cases which have required my office to submit somewhere in the range of 700 pages worth of evidence.

By contrast, the citizenship applications submitted after June 2015, when the new,  less complex criteria came into effect,  contain less voluminous information and are processed less than seven months (not including those cases that may be targeted for further investigation due to possible fraud.  The result? Those whose cases were received before the June 2015 criteria were imposed will see long delays in the processing of their applications for citizenship.  The delay may be of such a length that it may necessitate the Federal Court to compel the citizenship department to issue a decision, i.e. the process of seeking mandamus from the Federal Court.

If you have questions regarding faster citizenship processing or any other Canadian immigration questions, contact Toronto immigration lawyer Max Chaudhary today at (416) 447-6118.

Passports and Benefits They Confer: International Experience Class

By Author: Admin | April 26, 2016

toronto immigration lawyerDepending on your country of citizenship, as well as your age (usually under 30 or under 35 years), you may be eligible for an International Experience Class visa. General Information is at Become a candidate – International Experience Canada. The program is also known colloquially as the Working Holiday Program. Such a visa allows you to legally work in Canada and also explore Canada. The existence of such a program emphasizes the hierarchy of the world’s passports in terms of utility. Countries deemed by Canada to not produce many persons who would violate Canada’s immigration laws (for example, by working illegally or overstaying past the validity of a visa) are often associated with those countries that are eligible for the IEC.
The IEC allows a qualified person to work in Canada for one (in some cases more than one) year. After one year of work experience in a skilled job in Canada, the person may be able to put up an Express Entry profile. Such a profile is the initial step towards lodging an application to reside in Canada permanently. An Express Entry profile that is deemed competitive in relation to other Express Entry profiles may lead to an Invitation To Apply – being invited to lodge a formal application for permanent residence in Canada.
Competition for a visa under the IEC class is at times high due to the limited number of such visas for a given country. For example, Ireland has a quota that during less prosperous economic times filled their allotted IEC visas in a matter of a few minutes.
The broader distinction between preferred passports and less enviable ones is apparent in the fact that holders of passports from certain (usually more economically developed) countries need not apply for a visa prior to boarding a plane to Canada. By contrast, passport holders from other countries must submit an application for a visa prior to attempting to enter Canada. It can thus be seen that the level of scrutiny by Canada’s immigration department varies depending on the country of citizenship of the person seeking entry to Canada. With IEC class work permit holders, the Canadian government is generally certain that such work permit holders will depart Canada once their visa status has expired. Alternatively, the Canadian government is certain that such work permit holders will regularize their status either by entering into a spousal or common law relationship with a Canadian, or via the above-mentioned Express Entry category.
That being said, the Canada aspires to the Rule of Law and where possible, Canadian immigration law would apply to ban a person from entering Canada for one year if it was determined that said person, for example, worked without permission, or overstayed the duration of their permitted visit to Canada, no matter what passport they possess.

If you have questions about the International Experience Class or any other Canadian immigration services, contact Max Chaudhary today at 416-447-6118. If you’re looking for the best Toronto immigration lawyer, look no further than Max Chaudhary at Chaudhary Law.

Provincial Nominee Programs – An Efficient Pathway for Permanent Residency to Canada

By Author: Admin | April 11, 2016

toronto immigration lawyer

PNP programs aim to serve the needs of the province that administers them. If the skills of a person seeking admission to a province happen to cohere with the economic aims of the province, then the chances of being nominated for immigration are greater. A nomination can be an essential element towards permanent residency in Canada.

Smaller provinces want to ensure that the applicant seeking a provincial nomination will actually use that nomination to reside in that smaller, less populous province, such as Saskatchewan, rather than the more popular provinces of Ontario and British Columbia.

The methods of retention are apparent in the criteria for many provinces which favour possessing a job offer in the province, the presence of a relative in the province, or a history of work or study in the province. Fewer spots are available for those seeking to immigrate to a smaller province without these factors. For example, Saskatchewan allocates 500 places for Express Entry, 500 for those who have work experience in occupations under demand in Saskatchewan, and 5000 spots for those with a Saskatchewan job offer.

Needless to say, the 500 spots for those who have occupations in demand (i.e. the spots which don’t require a job offer or the presence of a relative), are filled quickly. Some of those jobs require provincial licensure, which constitutes an additional pre-requisite for applying. The licensing often is associated with entering the province to write an examination – in other words visiting the province may also be mandatory in many PNP nomination applications.

In the circumstances, it is apparent that if you’re considering some provincial nominee programs, then you must act quickly, and ensure you have the prerequisites which may include provincial licensing. The system may not be much easier for those applying under the more abundant ‘occupations under demand’ – such applicants may still be refused by the federal authorities if they don’t satisfy the federal visa officer that they can perform the job being offered.

Another complication includes the fact that some PNP programs have no associated provincial government fee. On the plus side, this constitutes a cost savings as the only additional fee would be the subsequent federal government’s processing fees for immigration. On the negative side, the absence of a fee may mean that the provincial government has no obligation to process an application in a timely way, or may not even have an obligation to process an application. The existing regime for initiating immigration applications, Express Entry, does not require a fee. This omission is intentional because a profile under Express Entry is not an application. Rather, an application only commences after you obtain an Invitation To Apply. At the Invitation To Apply stage, government fees are payable.

The above restrictions ensure that provincial nominee programs are efficient in terms of processing, but are not as easy as you may think.

Minor Children, Custody, and Visa to Canada

By Author: Admin | April 4, 2016

The most simple, straightforward application for a permanent resident visa can be delayed or even refused is there is an issue of custody of a minor child.  Such issues are associated with an applicant for a Canadian visa (often a permanent resident visa) who has a child from a previous relationship.  In the best case scenario, the applicant has a custody order and there thus is no concern regarding having the child accompany the applicant to Canada on a permanent basis.

However, the child is the product of another or previous relationship and there is no court order regarding custody, or there is an order for custody that requires further action, then a visa officer would not grant the minor child a permanent resident visa.  Such situations require an extension of time be granted by an immigration officer so that the custody matter is cleared up.

Officers are strict about custody matters as they do not want a visa application to be a tool for child smuggling. If a custody issue  arises during the course of your visa application, contact Chaudhary Law Office.

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I was born and raised in Toronto, Ontario Canada. I am an accomplished author and lecturer and am consulted by the media and other immigration lawyers and consultants on immigration matters and challenging immigration cases, appeals, and federal court matters.

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Client Testimonials


Salam Max

MY spouse [xxxxxx] has received her passport back with the immigrant Visa and landing papers and other related doxs. All of the dox are attatched for your references. congratulations and Thanks Thanks Thanks

-Hamid



Hello again Max

I just wanted to thank you again for your exertions yesterday and for all your preparation leading up to the hearing. I felt that I was well represented and that you articulated the issues and the argument for my case very clearly. Look forward to hearing from the judge next. Hope you are feeling better today,

-Anne Marie


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