By Author: Admin | September 15, 2016
Are you a Foreign National in Canada and just graduated?
If the answer is yes you might be eligible to the Post Graduate Work Permit that would allow you to work in Canada up to a maximum of three years.
The Post-Graduation Work Permit Program allows students who have graduated from a participating Canadian post-secondary institution to work in Canada. Skills that you will obtain during your employment might grant you skilled work experience that might allow graduates to qualify for permanent residence in Canada.
How do I obtain a Post-Graduation Work Permit?
To obtain a work permit after graduation you must meet the following requirements as stated on the Citizenship and Immigration Canada’s website:
- Have continuously studied full time in Canada and you must have completed a program of study that lasted at least eight (8) months.
- You must have graduated from:
- a public post-secondary institution, such as a college, trade/technical school, university or CEGEP (in Quebec), or
- a private post-secondary institution that operates under the same rules and regulations as public institutions, or
- a private secondary or post-secondary institution (in Quebec) offering qualifying programs of 900 hours or longer leading to a diplôme d’études professionnelles (DEP) or an attestation de spécialisation professionnelle (ASP), or
- a Canadian private institution authorized by provincial statute to confer degrees but only if you are enrolled in one of the programs of study leading to a degree as authorized by the province and not in all programs of study offered by the private institution.
- You must apply for a work permit within 90 days of receiving written confirmation (for example, a transcript or an official letter) from your institution indicating that you have met the requirements for completing your academic program.
- You must have completed and passed the program of study and received a notification that you are eligible to obtain your degree, diploma or certificate.
- You must have a valid study permit when you apply for the work permit.
In addition you must:
- Be 18 years of age or older at the time of application
- Have a valid study permit when you apply for the work permit
- Have completed a full time program that lasted 900 hours or more (normally eight months in length), leading to a Diplôme d’études professionnelles (DEP) or an Attestation de spécialisation professionnelle (ASP)
- Apply for a work permit within 90 days of receiving written confirmation (for example, a transcript or an official letter) from your institution indicating that you have met the requirements for completing your academic program
- Provide a supporting letter from your institution outlining the duration of studies and the program code
You are not eligible if:
- study in a program that is less than eight months long
- participate in a Canadian Commonwealth Scholarship Program funded by the Department of Foreign Affairs, Trade and Development Canada (DFATD)
- participate in a Government of Canada Awards Program funded by DFATD
- receive funding from the Canadian International Development Agency (CIDA)
- participate in the Equal Opportunity Scholarship, Canada-Chile
- participate in the Canada-China Scholars Exchanges Program
- participate in the Organization of American States Fellowships Program
- participate in a distance learning program either from abroad or from within Canada or
- have previously been issued a Post-Graduation Work Permit following any other program of study.
I meet all the requirements for the Post-Graduation Work Permit but my Study permit expired or is about to what do I do?
Apply for an extension if your study permit hasn’t expired yet. If your study permit expires after you have submitted your application for an extension but before you receive a decision on your application, you can stay in Canada under what’s called implied status. That means the law implies you are a temporary resident. That status lasts until CIC decides on your new permit application. However, you must respect the following requirements.
If you did not apply for an extension of your work permit before it expired you should read Citizenship and Immigration Canada’s instructions for restoration of status.
If your temporary resident status has expired, do not apply for an extension as you are not eligible. However, if you wish to stay in Canada after your status has expired you may apply for restoration of status within 90 days of your permit expiry date or leave Canada.
It is important to know that the application for restoration does not guarantee restoration of student status. It is therefore critical to apply for renewal of the Study Permit prior to the expiration date.
If you would like to apply for a post-graduation work permit or need assistance with any Canadian Immigration matter contact Chaudhary Law Office.
By Author: Admin | September 9, 2016
Judicial Review or appeal in Immigration Law
In Canada, a vast number of government bodies and agencies provide a wide range of services to Canadians. Parliament, through laws grant decision making powers to the executive branch of the government such as ministries, governmental agencies and bodies. Hence, all administrative bodies derive their powers and jurisdiction from their governing statutes. In the immigration context, Citizenship and Immigration Canada along with Canada’s Border Service Agency derive their power from the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations.
Judicial review is the process by which the courts oversee administrative decision-makers to ensure that their decisions are legal and are within their jurisdiction. The courts may review and grant relief regarding an administrative decision where the decision-maker exceeded the powers conferred by law or breached the principles of procedural fairness.
What’s the difference with an appeal?
It is fundamental for applicants to understand the difference between judicial review and an appeal. When a decision is subject to an appeal, the appellate body has the power to replace the earlier decision with its own decision.
However, a judicial review does not grant the Courts the power to replace the decision with their own decision. If the Court agrees that errors were made and a judicial review is warranted, it will grant the judicial review and send the file back to be heard by a new officer or Board Member. A victory by an applicant on judicial review allows that person to have his case heard again.
Appeals in the immigration context
Appeals are governed by Division 7: Right to Appeal (sections 62 to 71) of the Immigration and Refugee Protection Act. The Immigration Appeal Division is the body that hears appeals related to immigration matters. The Act states the situations where there is a right to appeal (section 63 of the Act) and situations where there are no rights to an appeal (section 64 of the Act).
There is a right to appeal for visa refusals of a member of the family class (spouse, mother, father, grandparents, children related to the sponsor, his parent’s or grandparent’s under the age of 18 see regulation 117(1) of the Immigration and Refugee Protection Regulations for specifics). There is also a right of appeal for against removal orders made against a foreign national who holds a permanent resident visa. A permanent resident or a protected person can appeal their removal order. Finally a permanent resident may appeal against a decision made outside of Canada on the residency obligation under section 28 of the Act.
The situations where there is no right to appeal are when a foreign nationals has been found inadmissible on grounds of security, violating human or international rights, serious criminality or organised criminality. Serious criminality is any crime that has a term of imprisonment of at least 2 years or more. Finally there is no right to appeal if there was a decision based on a finding of inadmissibility on the ground of misrepresentation except for persons sponsoring a spouse or common law partner.
An appeal is allowed if the Immigration Appeal Division is satisfied that the decision appealed is wrong in law or fact or mixed law and fact, a principle of natural justice has not been observed and taking into account the best interests of the child directly affected by the decision sufficient humanitarian and compassionate considerations warrant special relief in light of all the circumstances of the case see section 65 of the Act for when humanitarian and compassionate considerations may be considered and when not.
Judicial Review in the Immigration context
Judicial Reviews are governed by Division 8: judicial Review (section 72 to 75) of the Immigration and Refugee protection Act. Judicial Review is made by the Federal Court by seeking leave (authorization) to the Court. To be able to make an application for leave (authorization) all rights of appeal must have been exhausted and the applicant must file a notice 15 days if in Canada and 60 days if outside of Canada from the date the applicant is notified or made aware of the decision he or she wishes to review. As we have seen judicial review does not allow the Federal Court to render a decision it can only send back the case to the proper authorities to decide the case again where the decision-maker exceeded the powers conferred by law or breached the principles of procedural fairness.
We have briefly seen the distinction between an appeal and judicial review. If you need help navigating the complicated waters of appeals and judicial review in the immigration law context contact the Toronto immigration lawyers at Chaudhary Law Office for a consultation.
By Author: Admin | September 2, 2016
Canada’s Detention Review Hearings, a brief overview
The law under which an individual is detained by Canada’s Border Services Agency, is mentioned at section 55 of the Immigration and Refugee Protection Act, where it states that an officer:
- considered it necessary to complete an examination;
- was not satisfied with the person’s identity;
- had reason to believe that a person was inadmissible to Canada and was a danger to the public, unlikely to appear for an examination, an admissibility hearing, removal from Canada or a proceeding that could lead to a removal order; or
- had reason to suspect that the person was inadmissible to Canada for reasons of security, violating human or International rights, serious criminality, criminality or organized criminality.
The individual is usually detained either in a provincial correctional facility or in a minimum-security immigration holding centre located in Toronto, Montreal or Vancouver. The Canada’s Border Service Agency will determine where the place of detention would be.
Visiting hours and the number of visitors permitted vary for each facility it is therefore better to directly contact the detention facility by phone or through their website. Visits from counsel or a designated representative will be allowed during the facility’s normal visiting hours. Visits after these hours will be allowed only with the permission of the management of the facility. Their decision will depend on the particular details of your case.
Detention Review Hearing
When is the detention hearing?
As per section 57 (1) of the Immigration and Refugee Protection Act within 48 hours after an individual is taken into detention, the Immigration Division of the Immigration and Refugee Board must review the reasons for the continued detention. Weekends are not counted as days, therefore if you are detained on a Thursday or Friday your hearing will be on Monday or Tuesday.
What are your rights?
- You have the right to be represented by counsel at your expense or to receive legal aid, if you qualify. You will be given the necessary information about the legal aid services available to you. You may also designate a friend or a member of an organization or association to represent you.
- You have the right to be informed of the reason for your detention.
- You have the right to contact your embassy or a representative of your country’s consulate at your request.
- If you do not want a consular representative to be contacted, you can ask that the office of the United Nations High Commissioner for Refugees in Canada be informed of your detention.
- If you do not understand or speak the language in which proceedings (that is, detention reviews, immigration hearings, etc.) are conducted, you have the right to be assisted by an interpreter.
- If you are a minor under the age of 18, or in the opinion of the Immigration Division of the Immigration and Refugee Board (IRB), are unable to understand the nature of the proceedings, a designated representative may be appointed to help guide you through the proceedings.
How is a detention review held?
The Immigration and Refugee Board member will be in charge of your review. You may address them as Madam or Mister Member. The member will start introducing everyone who is present at the hearing and will explain what will happen at the hearing. The Minister’s Counsel will present to the member some facts and evidence that will explain why the Canada’s Border Service Agency believes you should be detained. After her explanation you will be given an opportunity to respond and explain your story as well as ask questions personally or by your counsel if you are represented. The Member might ask you questions throughout the hearing. After hearing from both sides, the Member will decide whether you will be released or remain in detention. The Member will usually state his or her decision and the reasons for this decision at the end of the hearing. The member may also set a date for another hearing to give you the decision and the reasons.
What are the factors the member considers?
The two most common scenarios are that the officer believes the individual is a danger to the public or a flight risk.
If the person is considered a danger to the public, r. 246 of the Immigration and Refugee Protection Regulations states the factors the member must consider:
- the person constitutes, in the opinion of the Minister, a danger to the public in Canada or a danger to the security of Canada;
- association with a criminal organization;
- engagement in people smuggling or trafficking in persons;
- a conviction in Canada for a sexual offence or an offence involving violence or weapons;
- a conviction for an offence in Canada under the Controlled Drugs and Substances Act for trafficking, importing and exporting, and production;
- a conviction outside Canada or pending charges outside Canada for a sexual offence or an offence involving violence or weapons;
- a conviction outside Canada or pending charges outside Canada for trafficking, importing and exporting, and production of controlled substances.
If the person is considered a flight risk, r. 245 of the Immigration and Refugee Protection Regulations states the factors that the member will consider:
- being a fugitive from justice in a foreign jurisdiction in relation to an offence that, if committed in Canada, would constitute an offence under an Act of Parliament;
- voluntary compliance with any previous departure order;
- voluntary compliance with any previously required appearance at an immigration or criminal proceeding;
- previous compliance with any conditions imposed in respect of entry, release or a stay of removal;
- any previous avoidance of examination or escape from custody, or any previous attempt to do so;
- involvement with a people smuggling or trafficking in persons operation that would likely lead the person to not appear for a measure referred to in paragraph 244(a) of the IRPR or to be vulnerable to being influenced or coerced by an organization involved in such an operation to not appear for such a measure;
- the existence of strong ties to a community in Canada.
Outcomes of a hearing
In making a decision, the Member considers the information provided at the detention review – including your version of events, and Canada’s immigration law.
If the Member decides that there is no longer a reason under Canada’s immigration law to keep you in detention the Member will order your release. The Member may also order you to meet certain conditions, such as checking in regularly at a Canada’s Border Services Agency office for a period of time, or paying a cash bond.
If you are ordered to remain in detention, you will have another detention review within seven days. If, after this second review, the Member again orders your detention, the reasons for your detention will be reviewed again in 30 days and every 30 days after that, until you are released or removed from Canada.
You may ask for leave (or permission) of the Federal Court of Canada for judicial review of the decision.
As we have seen above navigating through a detention review hearing process is scary and complicated results vary greatly from Canada Border Services Agency officer to CBSA officer, and there is no sure way of guaranteeing one’s release without the full facts of the case being disclosed, usually during a legal consultation .
To be prepared consult the Toronto immigration lawyers at Chaudhary law Office we can assist you in your or your loved one’s detention review hearing.
For more information:
By Author: Admin | August 24, 2016
Criminally Inadmissible into Canada, what are my options?
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.
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.
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”.
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 describes “Significant 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.
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).
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.
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.
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.
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.
By Author: Admin | July 15, 2016
A 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.
By Author: Admin | June 29, 2016
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.
- Claiming Refugee Protection from the Canada-US border
- Anyone Can Be A Representative under Canada’s Immigration Website
- An Alternative Dispute Resolution at the Immigration Refugee Board – Withdraw?
- Citizenship and Immigration Canada’s update’s its Sponsorship of Parents and Grandparents for 2017
- Removal Orders in the Canadian Immigration Law Context
- Letter of Invitation for a visitor visa in the Canadian Immigration context
- Recent Changes to the Express Entry’s Comprehensive Ranking system
- PART III: Express Entry – The Canadian Experience Class
- PART II: Express Entry – The Canadian Skilled Trades Program
- Part I – Express Entry – The Federal Skilled Worker Program