By Author: Admin | November 21, 2015
Obtaining a visa for Canada from India may be simpler in some respects, depending on the type of visa being sought. If you are deemed to be a business traveller, a visitor visa may be issued by the New Delhi or Chandigarh visa office in about two business days.
Similarly, the CAN plus program is available for Indian nationals who have travelled to Canada and returned to India within the past 10 years. Said program is characterized by faster processing times for visitor and study visas.
Applications for Work permits and study permits must generally be launched outside of Canada unless a spouse of the visa applicant is already inside of Canada possessing a work or study permit.
Unlicensed Consultants claim that it is easier to obtain a visitor visa to join your spouse in Canada, easier than filing for a work or study permit; this is wrong. It is often easier to apply for a study permit application (which is characterized by sufficient funds) or a work permit (that contains a valid job offer or a student visa spouse in Canada who has sufficient income to look after the spouse seeking the visa).
The Federal Court of Canada says that officers who refuse temporary visas must have a reason to conclude that a person seeking a visa to Canada may break Canada’s immigration laws:
 There must be an objective reason to question the motivation of the applicant. It is inconsistent with the purpose and object of the statutory and regulatory scheme authorizing temporary work visas to rely on the very factor that would induce someone to come to Canada in the first place as the basis for keeping them out. The scheme itself is predicated on the assumption that people will come to Canada to seek work in order to better their economic situation. It is for this reason that decisions of this Court have consistently held that economic reasons to overstay will not, in and of themselves, support a refusal; Cao v Canada (Citizenship and Immigration), 2010 FC 941 (CanLII), per Justice Martineau J; Khatoon v Canada (Citizenship and Immigration), 2008 FC 276 (CanLII), per Justice Temblay-Lamer; Dhanoa v Canada (Citizenship and Immigration), 2009 FC 729 (CanLII), per Justice Harrington; and Rengasamy v Canada (Citizenship and Immigration), 2009 FC 1229 (CanLII), per Justice O’Reilly.
Kindie v. Canada (Citizenship and Immigration), 2011 FC 850 (CanLII), paras 13.
It is important to note that if you come as a visitor you generally cannot stay or convert your status to permanent resident while inside of Canada unless you marry (or be deemed common law to) a Canadian permanent resident or Canadian citizen.
In some cases, if your visa application was refused, it may be necessary to seek advice about proceeding to the Federal Court. Chaudhary Law office has a long and successful track record of overturning refused cases at the Federal Court of Canada. Email: max[at]chaudharylaw.com
By Author: Admin | November 21, 2015
By Author: Admin | November 10, 2015
The methods of obtaining a visa to Canada depend on the type of visa being sought. A visitor visa can be the most difficult to obtain, depending on the ties the visa aspirant has in the home country – too little in terms of financial and familial ties could make a visitor visa very difficult to obtain. Of some consideration by an officer is the purpose of the visit, but this latter point should be given less weight in the assessment of whether or not to obtain a visitor visa.
Study visas are characterized by more specific criteria which means that officers cannot use their discretion to refuse in quite as free-wheeling a fashion as when dealing with a visitor visa. The criteria include the course to be completed, the amount of funds available to study, any previous immigration history (particularly any history of non-compliance with the law), and other less used criteria.
The Permanent residency visa has the illusion of very specific criteria. The criteria can be seen in the cic.gc.ca website relating to the programs known as Federal Skilled Worker, Canada Experience Class, Federal Skilled Trades Program and Provincial Nominees. However, all of these programs are subsumed under the additional layer of assessment known as Express Entry. Express Entry’s points setting fluctuates approximately a fortnight throughout the year from 453 to 886 points. The trend may be to a lowering of points under Express Entry starting during the 2nd quarter of 2016. Prior to that time, Provincial Nominee programs will cause the government to set the Express Entry points more towards the high of 886 points, given the expected influx of persons who would be entering the Express Entry pool and be selected by a province of Canada.
If you think you qualify to apply under one of the categories above, then the remaining challenge would be to ensure that your application is properly filled out. The failure properly complete an application may result in the returning of the application, or in some cases refusal. A refusal may jeopardize the ability to apply successfully on a subsequent filing with the immigration department. It helps to have a Toronto Immigration Lawyer such as Chaudhary Law Office assist in such applications.
By Author: Admin | November 3, 2015
Visitor visa applications are in some respects very very difficult to obtain depending on the demographic that the person seeking the visa possesses. For example, if the person is under the age of 35, without significant financial ties, such as a decent paying job in their home country, this could be construed as an insufficient tie to the home country.
Canadian immigration Officers have to delegate parts of the visitor process to third parties such as VFS Global or “Visa Application Centres”. Such organizations are supposed to be used by the Canadian government for less skilled tasks such as collecting documents and collecting bio-metric data. However, during the course of collecting documents such as a visitor visa application, for onward submission to a visa office, sometimes VFS employees give legal advice , without a law license.
For example, some VFS staff slavishly adhere to the visitor visa document list imposed by immigration Canada. This can be damaging for an application which may require additional documentation not reflected on the official immigration Canada document list for visitor visas. Additional relevant documentation may consist of, for example, proof of travel to other countries, proof of entering and exiting Canada without a violation of Canada’s immigration laws, and additional proof of financial ties such as chartered accountant reports showing significant money in the country of citizenship. VFS staff, when confronted with such documentation, which may not be on the visitor visa document list, may instruct the person to not include such documentation when the application is submitted to the immigration department. This can jeopardize the chances of success for the visa-seeking applicant.
Applying for visitor visa online can reduce the amount of interference as compared to filing a visitor visa application through VFS. Online visitor visa applications are routinely done by Chaudhary Law Office. If confronted with the need to visit Canada, feel free to contact us.
By Author: Admin | October 26, 2015
Canada is one of the few countries that officially offers an immigration program with an objective criteria The reality however, is that the criteria for immigration is subject to two layers of assessment: the Federal Skilled worker criteria (which has an unchanging pass mark of 67 points) and also, a second layer that adds a random element ; the random element relates to the Express Entry layer of immigration. The Express Entry element of immigration contains criteria that fluctuate many times throughout the year: the points vary from 450 to around 750.
As a consequence, you may meet the Federal Skilled Worker point threshold of 67 and may not be granted an immigration visa to Canada. The reason for not being granted said visa would be the failure to meet the fluctuating points imposed by the Express Entry Ranking system.
The Express Entry Ranking system is effectively an inventory management system. Express Entry then can be seen as a spigot that allows the Minister of Immigration to reduce the amount of files an officer has to process.
Bear in mind that officers do not formally process anything at the first stage of immigration. The first stage consists of composing an online profile. An online profile can only be placed if you meet the existing criteria under the Federal Skilled Worker category or the Canada Experience Class.
Such a system purports to match Canadian employers to immigrants out of a pool of applicants seeking an immigration visa for Canada. Employers do this by having access to those credentials in the Express Entry pool. This constitutes to some extent farming out of the economic immigration program to short term labour needs of Canadian employers. Presumably, from the government’s perspective, this would benefit Canada by fulfilling a presumably pressing employment need. This however, does not address long term economic needs that a country may require.
By Author: Admin | October 15, 2015
Once granted a study visa usually by a or a visa officer abroad, an international student may choose to study in a (minimum) two-year program at a government-funded post secondary institution such as a college or university. After graduating from such a program, an international student may apply for a post-graduation work permit.
Within 90 days of meeting the requirements a graduate can apply for such a work permit. If you have submitted the work permit application, you can commence working despite the fact that you have not yet received the work permit in hand.
Some students fail to realize that the 90 day starts from when you meet the requirements for graduation. This is troubling for students who may have met the requirements during the Fall/Winter session at a college (for example in December 2014), but do not obtain their diploma until May 2015. In such a scenario, if they apply within 90 days of May 2015, they have filed for their post-graduation work permit late, and as a result, the application for a work visa and would be refused.
The option of “restoration”, a remedy offered by Canada’s immigration department, would not be applicable in such a situation. One possible remedy would be to complete another two-year course of study in Canada and then try to submit an application for a work visa after graduating with in a more timely way.
If confused about your options, contact M. Max Chaudhary of Chaudhary Law Office.
By Author: Admin | October 4, 2015
Canada’s labour market is diverse and is served by persons with both low and high skilled jobs. The factors affecting a foreign national’s ability to work in Canada include the current political climate in Canada. The current political climate militates in favour of ensuring Canadians have the first opportunity for being hired to work at jobs in Canada. From 2006 until 2013, it was easier for a foreign national to work in a low-skilled job in Canada. It has become more and more difficult for a foreign national to do so since 2013.
If you are a highly skilled foreign national, you may have a good chance of being employed temporarily in Canada. However, your skills have to be in demand in Canada. Those skills must also not be readily available to Canadian employers. Employment and Social Development Canada must scrutinize a job offer when a Canadian employer is contemplating the hiring of a foreigner. Employment & Social Development Canada wants to ensure that a Canadian employer has searched the Canadian labour market before seeking to hire a foreigner.
From 2013 to 2015 the government took the view that Canadians would be willing to take on low skilled jobs, to the frustration of Canadian employers of low-skilled workers, often in the fast-food service sector. Unless you are from the Caribbean, working in low skilled jobs in Canada is not possible.
If you are fortunate enough to work for a multi-national company, and that company has a branch in Canada, you may be able to work in Canada on an intra-company transferee. This entails a certain amount of work history for the foreign branch of the Canadian company.
If you hail from a country which has an agreement with Canada, and are under a certain age, you may be able to apply for the Working Holiday Visa, also known as the International Experience Canada category
Any work permit holder can possess a work visa for four years maximum, the presumption being that the work permit holder will have obtain permanent residency in Canada, or that the skills being plyed by the work permit holder would have otherwise been transferred to the Canadian labour market.
By Author: Admin | September 30, 2015
Having a permanent resident card is evidence that you possess permanent resident status. It is not a guarantee that you can enter Canada. At best, it allows for ease of boarding an airplane to Canada. After you disembark, you may find that a Canada Border Services Agency officer may look at the card, then look at you, then look at the card again, and then ask you to step aside for further questioning.
When a Canadian permanent resident travels to the USA, questions that the Canada Border Services Agency may pose upon return to Canada may include:
• if returning from a lengthy USA trip, the amount of days you been outside of Canada;
• how you financially support yourself;
• the amount of days you have left on your permanent resident card;
• where you plan on residing for the duration of your PR card’s validity;
• whether you have worked while in the USA.
The above are just a few general questions that may arise as a result of travelling to the USA and returning to Canada on a permanent resident card. Most of the above questions, depending on their response can lead to further queries by a Canada Border Services Agency officer under the auspices of an ‘examination’ (aka extensive questioning by a Canada Border Services Agency officer).
The result of such questioning could, depending on the findings of fact revealed to the Canada Border Services Agency officer, lead to a finding that your permanent resident card is not valid, resulting in the issuance of a removal order. The removal order is appeal-able to the Immigration Refugee Board (Appeal Division) but that would lead to difficulty in traveling outside of Canada pending the outcome of that appeal, just to mention the short term consequences.
By Author: Admin | September 23, 2015
Whether it be for tourism such as Maple syrup-related endeavors, or to pay a visit Canada-based friends or family, a person who possesses United States permanent residency, also known as a “Green card,” must formally be granted entry to Canada by a Canada Border Service Agency officer.
US permanent residents seeking to visit Canada may travel by car to a border or via air and end up at a Canadian port of entry. Canada Border Services Agency officers have access to the FBI database of criminal records. Similarly, they also have access to information such as whether the US permanent resident or citizen has been issued a concealed carry permit. Given the possession of such information, CBSA officers may ask a person seeking entry to Canada if they possess a gun on their person, and/or whether the person seeking entry has been charged with an offense. In such cases, often times the officers already know the answer to the question, and are attempting to ascertain if the person will misrepresent themselves by failing to disclose a criminal charge, or possession of a gun. The failure truthfully answer such questions would lead to a ban from Canada for five years on the basis of committing a “material misrepresentation” to an officer.
Permanent residents of the United States can apply for certain types of Canadian work permits at the port of entry, namely those that do not require a particular scrutiny (the scrutiny being exercised by Service Canada prior to the person seeking entry via a “Labour Market Impact Assessment”).
In general, it is important to keep in mind that entry to any country, including Canada s discretionary, and if an officer does not believe the purpose of your visit to Canada, they possess the power to examine you through intense questioning, and if you are determined to have not offered credible responses, the officer has the power to detain you as well.
By Author: Admin | September 8, 2015
In 2012, Canada’s immigration department imposed stricter criteria under the acceptance of refugees sponsored through the ‘group of five’ and Government Assisted Refugee categories. For example, the refugee to be sponsored had to be recognized by the United Nations as a convention refugee, rather than merely seeking refuge outside the refugee’s country of origin. Adding the scrutiny by the United Nations High Commissioner for Refugees (UNHCR), adds a layer of bureaucracy that a person fleeing persecution must surmount.
In addition, assessment by CIC of such refugee claimants was moved to a centralized office in Winnipeg, Manitoba. Centralized processing by larger immigration departments has been highly favoured by for the Conservative government. One trade off includes less accessibility to the large labyrinthine office that houses such centralized intake offices. In addition, opening a new office entails training and mistakes which lead to delays for at least the first year. Such delays were also associated with the immigration office in Sydney for its first year of operation, as well as the one located in Ottawa.
Thus, by 2013 the delays in processing of refugees by the Winnipeg Manitoba office were not abating. The first stage processing time was supposed to be take 30 days, but in fact took over one year. This coincided with marked ambiguity by Canada’s immigration department regarding the number of refugees that were being accepted into Canada. One example included a telephone interview with Immigration Minister Chris Alexander who summarily hung up on the CBC interviewer rather than responding to the issue.
Such delays within Canada immigration’s bureaucracy exacerbate the ability of refugees to even enter the queue for consideration by the Canadian immigration authorities as a refugee. For example, in order to be accepted by the Canadian government, the persecuted applicant must be outside their country of citizenship, usually in a refugee camp hosted by an adjacent country (in the case of Syrians fleeing persecution, this would often be Turkey). The ability to work while in a refugee camp is often an issue (assuming the applicant is issued a work permit in the host country), and is particularly pressing if the applicant has a family to support.
If the person, while awaiting the Canadian government’s decision on their refugee case, acquires decent paid work in the host country, the Canadian visa officer may opt to refuse the refugee application on the basis that the person has a “durable solution” in the country of Turkey.
Similarly, in cases where a person fleeing persecution might have fought an oppressive government such as the Syrian government, that person and their immediate family would be inadmissible to Canada under 34(1)(b) of the Immigration and Refugee Protection Act for “engaging in or instigating the subversion by force of any government.”
One can see how such delays create the illusion of a Government Assisted Refugee program but in fact through bureaucratic slowdowns reiterate the unspoken government policy that the ideal number of refugees Canada should accept is zero. Such a policy emboldens smugglers to encourage people of greater financial means to illegally travel to Canada on fake government documentation, and avail themselves of the immigration and refugee Board’s in-Canada refugee system, rather than await the outcome of a intentionally lengthy refugee processing regime outside of Canada.