Canadian Immigration: Individual Applicant

Our immigration lawyers provide the individual in-depth perspective needed when examining the various Canadian or U.S. immigration options available whether you desire a permanent or temporary visa. We will guide you through the entire process from the initial determination of the appropriate application to gathering the necessary supporting documentation and drafting submissions tailored specifically to your individual needs and qualifications. We will communicate with the visa office(s) to ensure the efficient processing of your case. Due to our thorough preparation and meticulous submissions, in many cases, immigration interviews are waived for our clients. However, should one be deemed necessary we will personally prepare you.

For further information with respect to immigrating to Canada, please refer to the links below:

Sponsoring a Family Member to Canada? - Coming Soon!

How Long Does It Take?

Visa applications are processed according to various timelines and are dependent on a variety of factors, such as complexity of the case, additional requests for information, case load, the nationality and residence of the applicant, and the number of visa officers available to process applications. Our immigration lawyers will investigate the quickest application type and ensure thorough presentation prior to filing any Canadian visa application. This, together with the client's location is an integral part of determining an effective strategy, to secure the most timely results.

Temporary Status (Canada)

There are several reasons why someone may seek temporary admission to Canada. These reasons often include individuals who are seeking employment, wishing to visit short-term, or to study, additionally corporations often need employees to work in Canada on a contract basis. Irrespective of your goals, nothing is more disheartening or frustrating than appearing before a Canadian visa post, airport or border crossing and being turned away because you could not produce the requested documentation.

In order to avoid such disappointment, our immigration lawyers will develop the right strategy for your needs. There are many types of visas issued for temporary purposes, all of which require an application to be prepared and submitted. To determine whether you are eligible to come to Canada for a particular purpose for a predetermined amount of time, please review the brief descriptions and contact one of our immigration lawyers. We will respond quickly to provide you with an initial opinion as to your options for obtaining temporary status in Canada.

Our immigration lawyers have helped thousands of individuals obtain temporary visas in a timely efficient manner. Let us help you.

Work Permits Requiring Labour Market Opinions

The general rule is that Canadian employers seeking to bring foreign workers to Canada are required to obtain a Labour Market Opinion ("LMO") from Service Canada (also referred to as Human Resources and Skills Development Canada or HRSDC). A LMO confirms that no qualified Canadian or permanent resident is available to occupy the position. Typically, an employer must publish a recruitment campaign. The employer may be asked to advertise the position on-line and/or in print. The employer would then need to be capable of showing how many candidates applied for the position and why they are not sufficiently qualified. Our lawyers will work with the employer to ensure the process is completed in accordance with Service Canada's guidelines but also in a cost-effective manner to the employer.

Current immigration laws and regulations do offer some exemptions from the LMO requirements. Please contact us to determine if you qualify.

Intracompany Transferee

An intracompany transferee is an executive senior manager or specialized knowledge worker who is being transferred from a foreign company to the company's Canadian based subsidiary, parent, branch or affiliate. The intracompany transferee is exempt from meeting LMO requirements. A qualifying individual must have been employed by the foreign entity abroad for a period of one year within three years immediately proceeding the transfer and must also be assuming a position in a similar capacity within the Canadian office.

This work permit may be obtained from any Canadian visa post abroad and in certain instances at a Canadian port of entry. Our immigration lawyers will be happy to assist and provide advice with respect to obtaining this visa.

NAFTA Professionals

Since the implementation of the North American Free Trade Agreement (NAFTA) the movement of American, Canadian and Mexican citizens within each other's territories has become somewhat less complicated and at the same time has provided many companies and individuals with significant opportunity. Under Chapter 16 of the NAFTA agreement, qualifying individuals need not obtain a LMO, and in many cases, temporary work permits may be issued on the spot by a Canadian immigration official at any Canadian port of entry. NAFTA professionals provide pre-arranged, salaried or contracted employment services to Canadian enterprises. The professional's services are most often directly engaged by the Canadian employer or they may be retained pursuant to a contract between the Canadian employer and its Mexican or U.S. business partner.

To be eligible for entry the profession must be one of approximately 60 "eligible" professions listed in Appendix 1603.D.1 of the NAFTA. Most, but not all, occupations demand a university degree. Additionally, the applicant must possess an offer of employment from a Canadian enterprise. It is up to the applicant to provide evidence that he/she possesses the academic and/or practical qualifications for the specified position.

Employees of Significant Benefit to Canada

Another employment category that provides an exemption to the LMO requirement for foreign employees are applicants that would provide significant benefit to Canadian culture, economy or society. In cases such as these, applications may be made directly to any Canadian visa office or port of entry.

However, applicants should consider that this category is highly discretionary, and permits are often only granted for a short-term duration. Officers reviewing these applications look for high-level candidates with sophisticated specialties, including giving a competitive edge to a Canadian company.

Information Technology Specialists

Information Technology continues to be a highly specialized field throughout Canada. The Government of Canada has recognized that there is a continuous and growing need for qualified candidates in this area. As a result, the Canadian Government has developed a program to facilitate and expedite the hiring of foreign qualified workers in this industry. This program currently exempts Canadian employers from obtaining the requisite LMO for information technology specialists in seven specific occupations. If a candidate applies for a temporary work visa in any of the following seven occupations, the applications are processed quickly by Canadian visa offices:

Senior Animation Effects Editor
Embedded Systems Software Designer
MIS Software Designer
Multimedia Software Developer
Software Developer - Services
Software Products Developer
Telecommunications Software Designer

In order to apply for a permit under the Information Technology Workers program the Canadian Government will request proof of specific academic qualifications and specific employment experience. For further information on these specific qualifications, please contact our immigration lawyers.

Student Permits

Student permits are granted to most individuals who can demonstrate that they have an offer of acceptance to a full time program at a recognized educations institution. Candidates must also show that they are financially capable to support themselves for the duration of their studies, and finally should demonstrate that they intent to depart Canada upon completion of their studies.

Recently, the Canadian Government has brought in new initiatives for off-campus employment for students.

Temporary Resident Visas (Visitor Visas)

Before planning a visit to Canada, whether for business, pleasure or to pursue future employment opportunities, it is recommended that individuals check to ensure their country of nationality is exempt from the visitor visa requirement. The list of exempt nations changes quite frequently. If you would like assistance to determine if your nation is currently exempt, any one on our immigration team would be happy to assist you.

Live-In Caregiver Program

in 1992 Canada instated a program to allow qualified individuals to enter Canada as live-in caregivers to meet the labour market shortage. Caregivers for private households can qualify to enter Canada on the basis that they are providing care to children, the elderly and disabled persons. Qualification is based on successful completion of study, comparable to study at a Canadian secondary educational institution; a minimum of six months of training or twelve months of experience in a related position; finally applicants need to demonstrate proficient English language skills. Obtaining a work permit under the live-in caregiver program grants an individual admission to Canada for a period of two years. Once the two-year period has been completed, caregivers may apply for Permanent Residence from within Canada.

Temporary Residence Permits

There are other exceptional circumstances which exist, which for one reason or another, cannot be categorized under the many visas outlined here. Examples of which include medical or criminal inadmissibility. In these circumstances the need for an individual to be in Canada must be sufficiently compelling and outweigh the risk of allowing the individual into Canada. If such circumstances exist, an argument may be made which would allow the government to grant a Temporary Residence Permit. This document would allow entrance for a specfied and temporary period of time. In some cases the permit may be renewed and may permit the individual to travel abroad and re-enter Canada.

Permanent Status (Canada)

Each year the Canadian Government sets strict targets with respect to permanent residency. Therefore, the competition amongst those wishing to settle here permanently can be fierce. Persons applying for permanent residency should stay focused and proactive by highlighting their work history, work skills, and education throughout the application process.

Boughton Law Corporation's immigration lawyers have a very high success rate based on our ability to market each candidate's skills in a manner that highlights their strengths throughout the application and presentation process. Our understanding of immigration and the highly involved process allow us to bring results to our clients. Where clients may wish to achieve permanent status but do not have a highly evolved application, our lawyers will provide these clients with recommendations on how to improve their application prior to submitting the sometimes time-consuming and emotional application process.

We have outlined the various categories under which candidates can apply for permanent residence below. Candidates are often uncertain as to the category under which they should apply; our immigration lawyers will be glad to answer your questions and provide an initial opinion as to your eligibility or further options upon completion of an assessment form.

Permanent Resident Visas

Canada Experience Class

Applicants may apply through a Consulate or Embassy;

The intent is to encourage persons who have studied in Canada or who have work experience in Canada to apply for permanent residence in Canada [Reg. 87.1(1)];

The person must have acquired work experience while working in Canada legally. In the case of a person who has graduated from a post secondary institution in order to qualify, the work experience must be in Canada. The work experience must be acquired after the person graduated from a public or private post secondary educational institution with a minimum two year diploma or degree or trade certification;

In the case of a person with a graduate degree, the graduate program must be of at least one year’s duration and the degree must be obtained within two years of obtaining the undergraduate degree;

Work experience must be one full time acquired within 24 months of graduation from school;

The work must be in skill type 0 or skill levels A or B;

The work experience cannot be obtained through self-employment;

If the applicant did not graduate from a post-secondary institution, the work experience must:

Be the equivalent of two years full time duration and acquired within 36 months of the date of the filed application;

The experience must be in skill type 0, skill level A, or skill level B, C acquired while the person was legally authorized to work in Canada; and

The work experience cannot be obtained through self-employment.

After meeting the work experience requirement, the applicant must meet the language requirement taking a formalized test or by presenting their evidence in writing;

The level of English proficiency required depends on the skill level of the person’s work experience. The higher the skill level, the higher the level of proficiency required;

If the person meets the requirements per membership in the class and the person is in Canada, the application is filed at RPC Buffalo;

If not, in Canada, apply at the visa office serving the country of nationality of the applicants;

For the Canadian Experience Class use the document checklist IMM 5610, the IMM 0008, the IMM 0008 Schedule 1, the IMM 0008 Schedule 8, the Additional Family Information and the Use of Representative form;

The Canada Experience Class is not subject to a point system like the skilled worker.

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Federal Skilled Workers

To qualify in the Federal Skilled Worker catergory there are only three options

A Federal Skilled Worker has obtained an arranged employment opinion;

The Federal Skilled Worker resides legally in Canada for at least one year as a temporary foreign worker or student;

The Federal Skilled Worker has one year of continuous full time employment (paid work experience) in one or more of the occupations listed with the Ministerial Instructions of November 28, 2008.

Applicants with an arranged employment opinion submit to the visa office.

Applicants legally in Canada for at least one year as a worker or student and who are still here legally, file in RPC Buffalo.

All others are to be submitted to the centralized intake office in CPC Sydney where it is assessed for meeting Ministerial Instructions. The Centralized Intake Office will assess whether the application should be placed in the queue at the visa offices.

An application at the CIO must contain the following elements:

IMM 0008

IMM 0008 Schedule 1

IMM 0008 Schedule 3

Processing fees

Use of Representative form

If the CAO determines the applicant has one year of continuous full time paid work experience in the last ten years in one of the listed occupations, the file will be sent electronically to the visa office. The applicant will be notified to send the entire application and supporting documents within 120 days to the appropriate visa office.

Minimum Requirements Pursuant to Regulation 75

One year of continuous full time paid work experience in skill level 0 or skill type A or B;

Work experience must have occured within 10 years of application;

Work experience cannot have taken place in a restricted occupation;

The applicant must have performed the actions described in the lead statement for the occupation as set out in the occupational description of the NOC;

Performed a substantial number of the main duties including all essential duties;

Meet the minimum level of settlement funds at section 9.2 of the OP manual;

They must assess against criteria;

Education, language, experience, age, arranged employment and adaptability

The point threshold remains 67.

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Business Immigrants

For business immigrants there are several different categories under which applications can be made, including: Entrepreneur, Investors, and Self-Employed Persons. When an application is put forth under these categories, the applicant must unequivocally demonstrate that they meet the definition as set out under the current immigration legislation. In addition, the Applicant will, in most cases, need to provide a business case which demonstrates their ability to create, establish or continue business in Canada. Assets on an applicant's application would include proven business acumen, particular expertise, and a list of any supplemental credentials.

Entrepreneurs

The applicant of an Entrepreneur will need to demonstrate contribution to the Canadian economy. Furthermore, the applicant will need to show evidence of the intention or ability to invest substantially in a commercial venture or purchase a business. The applicant will also need to demonstrate that this venture will create at least one job for a Canadian citizen or permanent resident, other than to a family member of the applicant or for the applicant themselves.

Investors

Applications made under this category will need to demonstrate experience in controlling or directing a successful business venture which will include meeting minimum net worth and investment requirements. Investments are made for a minimum five year term with the Government of Canada which are guaranteed. No interest is paid on the monies and there is a list of designated financial institutes who have been approved to finance the initial investment. Call us to provide you with this list.

Self-Employed Persons

Similar to the Entrepreneur application, self-employed persons need to demonstrate that acceptance of their application will result in significant contribution to Canada, either economically, culturally or artistically.

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Provincial Nominee Programs

Coming Soon!

Family Class

One of the absolute objectives of Canadian immigration legislation is to facilitate the reunion of family members who live abroad with Canadian citizens and its permanent residents. Under this category the family member who is a Canadian citizen, or a permanent resident, would make the application on behalf of the family member. This family member (the Sponsor) must demonstrate that they are both capable (financially) and willing to sponsor and/or support the relative. Sponsors must sign a contract with the Minister of Citizenship and Immigration for terms of three to ten years which hold the sponsor responsible for all essential needs of the sponsored relative without the assistance of social/welfare resources. The criteria to qualify under this category are strict and must be unequivocally met.

Not any family member can be sponsored under this program. The definition of family member under this cateogry includes: spouses, common-law or conjugal partners, dependent children (including adopted children), parents and grandparents. Siblings, nephews and/or nieces, and grandchildren only qualify if the family member has been orphaned, is under the Canadian legal age of 18 and is unmarried and not living in a common-law relationship. Despite this definition, if none of the above relatives qualify to be sponsored, and the applicant has no other relatives who are Canadian citizens or permanent residents, he/she may sponsor any other relative irrespective of relationship or age.

If you would like to sponsor a member of your family, please contact our immigration lawyers to determine if the member meets all of the criteria set out in Canadian immigration legislation.

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Humanitarian and Compassionate Applications

Canada's immigration legislation also identifies certain extenuating circumstances which may on occasion necessitate the need to admit a person as a permanent resident. Some of these extenuating circumstances include cases which are in accord with present public policies such as:

Persons having long term financial or emotional attachment to a Canadian citizen or permanent resident

Spouses who are in an abusive relationship but feel they must stay in the relationship in order to remain in Canada

Persons who face an identifiable risk to personal safety if removed from Canada but who are not Convention refugees

Former Canadian citizens

Other requirements which must be met in order to fall into one of the above categories, include statutory requirements which include:

Medical, criminal and security checks (these must be passed), and

the applicant must possess a valid passport (or travel document),

In order to remain in Canada as a permanent resident, one must be present in Canada for 720 days within a 5-year period.

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Inadmissibility Issues

Inadmissibility may arise from a variety of different issues including criminality, security and health grounds. Sometimes individuals are surprised that a relatively "minor" offence that may have occurred many years ago can make them inadmissible into Canada, such as a conviction for driving under the influence.

If you have any concerns about a previous conviction, contact our immigration lawyers prior to making travel arrangements. We can help you.

Immigration Appeals and Judicial Review Proceedings

There are circumstances, where an applicant may challenge a negative decision of immigration authorities before the Immigration Appeal Division or the Federal Court of Canada. Legislation in this area is strictly regulated with respect to venue, the process, and the associated timelines.

Contact our immigration lawyers to learn about your appeal options.

Making Canada Your Home

In arriving at the decision to make Canada your home there are various other considerations which should be examined prior to relocating. To facilitate a smooth transition to your new home country it is helpful to have a basic understanding of issues which will impact you or your business, such as: tax, employment, social insurance, health care options, evaluation of foreign education credentials and the move itself.

Canadian Citizenship

Canadian citizenship provides its citizens with many benefits, the most important of which is the ability to receive protection under state laws and be accorded all available political rights. There are essentially three ways to become a Canadian citizen:

By birth in Canada,
By parental Canadian citizenship,
Being granted citizenship by Canada.

Boughton's immigration lawyers provide legal opinions and comprehensive information regarding the acquisition of Canadian citizenship by permanent residents. If you are interested in investigating the specific requirements, please contact us. We will provide you with a legal opinion as to your eligibility. We can assist throughout the application process and provide you with the information you need to be successful. If you have already started the process or have obtained a negative decision from a Citizenship Judge, we can provide you with advice as to how to challenge the decision and with the litigation proceedings. If you do not wish to challenge the decision, we can provide you with the information you need to strengthen your application for a future date.