Understanding the Use of a Work Permit

To address Canada’s shortage of skilled workers, thousands of people from all over the world enter the country to work in various temporary jobs, such as live-in caregivers.

As part of the process, foreign workers who are not Canadian citizens or permanent residents need to possess and secure a work permit so they can legally engage in employment, although some jobs do not require it. Such permission may come in various forms, and usually requires advanced approval prior to being eligible to enter and work in one of the  provinces within the country.

More than ever, there is an urgent need to explain how work permits in Canada work, especially for the benefit of local employers, and for the admission of foreign investors and workers as well.

Validity

According to Canada’s laws, any kind of paid activity by an individual, subject to certain qualifications and exceptions and whether it is through an employer or via self-employment, is considered work.

Basically, a work permit is a temporary resident visa issued by the Citizenship and Immigration Canada, a government agency that develops and implements policies, programs, and services to foreigners arriving and integrating into Canada’s labor market and way of life.

The most common maximum validity of the permit issued is up to one year, although in some cases it can be extended for up to three years. There are exemptions, though, and one common example is business visitors.

There is actually no shortage of caregivers, but many of them prefer to do their jobs as live-outs rather than live-ins, to work during the day and return to their own houses at night. This is the reason why there is a huge demand for live-in caregivers.

Under Canada’s live-in caregiver program, on the other hand, professional caregivers may enter the country to independently provide quality care for children, the elderly, or people with disabilities, for as long as they have completed training, prior work experience in a related field, and can communicate in either English or French.

Eligibility

Citizenship and Immigration Canada  prefers that foreigners always  apply for a work permit from outside Canada, but in certain exceptions work permit applications from inside Canada are accepted too. Certain nationalities may apply at the border but they should make sure that they have all their paper works ready for inspection and scrutiny.

Applying for a permit involves the following activities:

- Checking, and being conscious of, the application processing times
- Obtaining an application guide and forms that need to be filled out
- Meeting all other requirements, such as passport and temporary resident visa
- Paying for the corresponding processing fees
- Submitting the application form to the visa office (and in certain instances at the border  or in-land office)
- Meeting with citizenship and immigration officials for an interview, if necessary and  commonly, undergoing a medical examination

Applications for work permit will surely be approved if all the necessary regulatory requirements and required documents were submitted for processing.

Clarifications

Generally, a work permit is issued for a specific job position  and for specific employer or company. Should the employee decide to work with a different employer, it will be necessary to seek a new permit and reflect the change on the permit itself.

Contrary to assumptions, permits are in fact temporary only, and it does not mean, or lead to, permanent resident status automatically, although it may facilitate admissibility for a permanent resident visa.

Ever wonder how it feels like to live in Canada?

A lot of people emigrate or move out of their respective countries. Their search for greener Pasteur, better living environment, more educational/ academic chances and exposure, or simply be with their families are some of the factors that prompt them to leave their current residence and search for a more favourable environment. For one, Canada has been one of the most prominent countries that are being considered by many immigrants. In fact, there were 7.2 million immigrants in the country in 2010. This is comparably higher than the recorded 6.3 million immigrants in 2005.

With more than one million immigrants receiving Canadian citizenship through the naturalisation process, it is but enticing to move to the country. However, before one could set foot legally in Canada as an immigrant, one must endure a tedious process of applying for immigration to Canada and waiting for the processing of the immigration application.

Difficulties in Immigration Case Processing

Processing an immigration case is not an easy feat. Considering all the formalities and the legalities that one must encounter before  legitimately migrating to another country, you should spare yourself  from such worries and hire an experienced   immigration lawyer. This is due to the fact that immigration laws are often subject to change, some radical and other less so. Such changes and modifications can leave a number of immigration applicants dazed and stranded between legal papers and jargons involved in the transaction.

To prevent such confusion and speed up the processing of the application, it is always a good thing to hire an immigration  lawyer. Hiring a lawyer  from a reputable and established immigration firm will give  the applicant the assurance that he can get the best qualified lawyer to process  his application. Moreover, the lawyer can also help  you get acquainted with the law, your legal rights, obligations, and duties that are awaiting   you as an immigrant.

Starting Off: How to Find the Right Immigration Lawyer

Once you have considered getting a lawyer for your immigration papers, the next question that pops up on your mind is: “where do you get one?” There lies the real challenge in finding a competent lawyer for your immigration processing needs.

For one, your chosen lawyer must have a good background in dealing with important legal issues and plenty of focused experience in immigration law. In addition to his existing knowledge of immigration laws and policies, he should also be abreast of  the latest developments and changes in the immigration laws, regulations and policies. Apart from that, when certain problems arise that threaten your immigrant  application, your lawyer will be ready  to provide legal assistance and explain the situation to you so that you don’t have to worry about them.

It is also important to check whether the lawyer has a reliable record or if the immigration law firm where he’s from has commendable reputation amongst its past clients. This way, you can rule out firms who have poor ratings from their former clients.

An immigration lawyer will also help you ensure that you go through all the necessary immigration processes and that all documents and application forms are properly filled in. He will ensure consistent monitoring and timely processing and  also render assistance when you declare certain required information, thus, lessening the possibilities of rejection. In searching for a lawyer, it is always a good thing to ask for referrals from friends. You can also search online to find the best possible lawyer who can accommodate you.

The services of an experienced immigration lawyer is an invaluable help in the processing of your application. It might be a good thing to do these things on your own, but there are things that  should be handed over to the experts. Believe me, this is one of those “things.”

Spouse Immigration

Canada, the second largest country in the world, has become a favorite destination of people from other countries. Tourists and travellers, students, workers, and ordinary visitors keep on going to this beautiful nation in North American. In fact, Citizenship and Immigration Canada reports that in 2010, Canada welcomed the biggest number of immigrants for the past 50 years. During the year, a total of 280,636 skilled economic and other immigrants gained permanent residence in the Canada. It is six percent more than what the Government planned and expected for that year. This is another milestone for the country’s population and statistics records, especially in knowing the fact that other Western nations cut back on immigration when the effects of economic slump were still felt in the region. It is Canada’s social and economic strengths (especially in financial sector) that has kept it amongst the most favored destinations for immigration on earth.

One of the reasons why many foreign people visit Canada and decide to become its citizens is the advantage it brings to them. A Canadian citizen or a permanent resident is allowed to sponsor a spouse who lives outside, or even inside (called as in-land spousal sponsorship)  Canada. For some, this is  a very significant benefit—sponsoring spouse immigration to Canada.

Before one can sponsor a spouse to enter Canada, certain requirements set by the Canadian Government should be first met. Both the sponsor and the spouse to be sponsored must meet the following criteria:

Basic requirements for the sponsor

You can sponsor a spouse if you are:
1.    a Canadian citizen or a permanent resident of Canada
2.    18 years of age or older
3.    financially capable of supporting your spouse

It should be noted that a Canadian citizen living outside Canada can sponsor his/her spouse, but a Landed Immigrant living abroad would not qualify (this is one of the advantages of Canadian citizenship). The applicant can sponsor a spouse who either lives with him/her in Canada (even if the spouse to be sponsored does not have legal status in Canada) or outside the country as long as they both meet certain regulatory  requirements.

Being a promise to the Canadian government, sponsorship is indeed a big obligation. To be eligible, both the sponsor and the spouse should sign an agreement obligating the sponsor to provide financial support for his/her spouse for three years from the date the spouse becomes a permanent resident (not from the date of the Sponsorship Agreement – many people may make this mistake).

Do you have problems with spouse immigration to Canada?

Unification of families is one of the most significant objectives of the immigration system and policy of Canada. This is why family class sponsorships are allowed by the government and processed on priority basis. Sponsoring a spouse is a type of family class sponsorship. This is not as easy as it seems, although spousal sponsorship applications have usually been processed for shorter period of time as compared with sponsorship of one’s parents (under the old system). If you’re looking for legal assistance regarding this matter, search for the most respected law firms in the immigration industry—the Citizenship and Immigration Centre.

The best immigration lawyers
Located in the city of Toronto, Citizenship and Immigration Centre has been known and trusted by a lot of people worldwide because of its exceptional services and its timely delivery to clients. The firm’s licensed lawyers are experts on the legal matters and issues about Canadian citizenship, immigration to Canada, and refugee concerns. It has been successfully delivering unmatched immigration services for many years now.

One of the most sought-after services of the firm  is family sponsorship or Family Class sponsorship  – one of the most common concerns of Canadian citizens or permanent residents who want to sponsor certain close family members in order to immigrate to Canada as permanent residents. For more information on this or on other services, visit Citizenship and Immigration Centre at 65 Overlea Boulevard, Toronto, Ontario or contact its office at  416-365-9473.

Miss your family abroad?

Living far from your family is one of the reasons why individuals abroad feel homesick. Now, permanent residents separated from their families need not to worry. There are certain countries that allow their citizens or even permanent residents to sponsor members of their family living in another country to live with them. This is particularly true in Canada.

Family sponsorship or petitioning certain family members who are citizens of another country looking to immigrate permanently is allowed in Canada. In fact, the country has a high density of immigrants. Moreover, one of the main reasons for the continuous increase in the number of immigrants in the country could be attributed to family reunification. As a matter of fact, a large percentage of permanent resident visas granted each years  is under Family Class for family reunification alone.

Getting Started

As a citizen or permanent resident of Canada, you have the option to sponsor a family member or  your spouse.  Moving on with the paper works and other legal document required is exhaustive, so, it is best that you get an immigration lawyer to help you out with the legalities. It is also important to remember to check first the requirements and note the guidelines of the application before starting your preparation.

To begin with, the sponsor must currently be 18 years old or older. In addition, the sponsor should also demonstrate a financial capacity to support his/her spouse for three (3) years and any dependent children for up to ten (10) years. Individuals who previously sponsored relatives before may need to satisfy additional requirements to be eligible to sponsor their spouse or children.

Aside from spouse and child(ren), the sponsor could also sponsor other close relatives, such as orphaned brother, sister, nephew, or grandchild (under 18 and unmarried). It is very important to note that very recent changes temporarily suspended sponsorship of Parents and even grandparents . Do note that the process for sponsoring family varies depending on whom you are sponsoring. For instance, the process for sponsoring a spouse, conjugal/common-law partner, and/or dependent children is different when sponsoring other eligible relatives.

Are you eligible?

Although family sponsorship is prominent in Canada, there are also instances wherein sponsorships are denied from members of the family. For instance, if the sponsor failed to support a relative he or she sponsored in the past, then it can be used as  a ground for denying future sponsorships.  Other instances that can make an individual ineligible for any sponsorship includes:

- Convicted of any violent criminal offense against a relative depending on how long ago it occurred and whether a pardon was issued

- Any history of sexual offense

- Obtained government financial assistance for reasons other than disability

- Have declared bankruptcy and have not been released or discharged  from it yet (during the filing of sponsorship application)

- Defaulted on an immigration loan (late or missed payments) or
Are in prison
These issues and circumstances could prevent an individual from sponsoring a family member to Canada. As such, it is important to know that you are eligible sponsor for a family sponsorship. The best way to do so is to get an experienced immigration lawyer who can help you sort your documents and papers and determine your eligibility and also review the potential inadmissibility of your family member whom you wish to sponsor.

There are a number of immigration lawyers available around Canada. Nonetheless, it is always a good option to start with referrals coming from your friends and colleagues. They can certainly give you tips on whom to go to and what immigration firms to avoid.

Immigration to Canada continues as always as Canada has been chosen as one of the top countries for living.  If you are a foreigner who intends to immigrate to Canada , would you give up  if your immigration application is refused ?

At this point, however, it is important that you know your rights under the law with the help of an attorney who understands immigration appeal.

In Canada, not all applications for immigration are accepted; some get denied too. If you think you’re qualified, why not appeal against the immigration refusal decision?

The good thing is that both immigrants and refugees can still make an appeal in the Federal Court of Canada (subject to some pending changes about refugee appeals due to come soon), whether their visa or immigration application is rejected by an immigration officer overseas because of legal errors and negative judgments, or the Immigration and Refugee Board refused their refugee claims   because they misunderstood key facts.

Having an experienced and competent immigration appeal lawyer to handle cases on behalf of the client provides both benefits and possibilities as well.

If an immigrant or refugee believes that the decision on their case is wrong, an immigration appeal may be so that  the case will be resubmitted for review,  by a different decision-maker.

Attorney’s role

Immigration appeal is a really complex matter, and is usually not easy to comprehend by an ordinary person. That is because immigration appeal is subject to strict legal, evidenciary and procedural rules which the Federal Court consistently enforces.

To save people from wasting time feeling frustrated while attempting to sort out the difficulties, working with an immigration attorney can be a practical and indeed necessary option so that your appeal rights are aggressively defended.

Unlike other kinds of lawyers who spend more time handling civil disputes, immigration lawyers devote their time and resources advising, guiding, and counseling foreign clients who are dealing with Canadian immigration application requirements and the respective authorities that handle them, especially regarding issues on visa application, citizenship, deportation, and employment.

In addition, they make the necessary appearances if clients are facing an immigration hearing.

Compelling situations

The services of an immigration appeal lawyer are necessary when prospective clients need assistance with some required documents they need to prepare and submit. This is so when there are language and communication barriers.

Some compelling situations include the following:

- If the client’s immigration application has been unfairly refused without giving them a chance to present their case legally

- If prior refusal of immigration is in the client’s records.

- If the client has been convicted of a crime, which requires the disclosure of criminal records or if situations of immigration misrepresentation are involved

- If the client has a serious medical condition rendering them medically inadmissible to Canada or if situations of financial inadmissibility to Canada are involved

- If the client was previously deported from Canada or barred from entering Canada requiring rehabilitation applications or submission

- If the client is not assisted by their prospective employer regarding immigration matters or issues in giving details of their job duties and responsibilities

- If the client has been waiting longer for his/her immigration application than the usual processing time

- If the client has started the application process, but is clueless of the next step to take and is hearing different things from different people

Choosing experienced Immigration Lawyer

There are  many immigration lawyers in Toronto that people can choose to work with. Of course, many of them will say their services are very affordable, but the most important factor that should be taken into consideration is their capacity to listen to clients and be in regular contact, and the clients’ capacity to follow their advice.At Citizenship and Immigration Centre, we are committed to ongoing client contact, always returning their inquiries in a timely manner; we listen to our clients because we firmly believe that no one knows a client’s case better than themselves; and continuous monitoring of progress of the case is our philosophy. We ensure, whether it is an immigration application or an immigration appeal case, that the client’s rights are aggressively defended so as to obtain the best possible result – ultimate success.

Canada continues to attract people from all over the world due to its vast land, rich culture, and diverse people. Individuals who got the chance to visit the country can tell their own versions of the experience.

Invitation to visit Canada thrives in the Internet and in various publications everywhere to witness wonderful party events, such as the Celebration of Light in Vancouver, which is considered the world’s largest fireworks competition, and the Toronto International Film Festival.

Indeed, a week’s trip is not enough to enjoy the many popular destinations such as Calgary, Vancouver, Ottawa, Montreal, Toronto, and of course, the spectacular places, such as Canadian Rocky Mountain Parks, Dinosaur Provincial Park, Nahanni National Park, Cabot Trail, and the famous Niagara Falls.

With its mountain trails and lakes, the country offers an array of outdoor happenings year-round, including hiking, camping, biking, climbing, fishing, kayaking, canoeing, skiing, snowboarding, golfing, or simply anything that suits visitors’ interests. Its geography and natural wonders are inspiring coast to coast.

How to make a visit

An invitation to visit Canada needs some preparations, sufficient amount of money, and meeting certain conditions. After all, everyone wants to make the most of their time.

According to Citizenship and Immigration Canada, some requirements needed to be able to visit Canada are the following:

- Valid travel documents, such as a passport; without these, boarding the airplane may be delayed or denied;

- Good health and enough money during the stay; and

- Satisfy the immigration officer that the visitor will leave the country at the end of his/her visit.

Other things that are also needed are:

- Temporary resident visa, which involves obtaining an application package, completing and submitting the application forms along with the necessary documents, and paying the fees;

- Medical examination (in some cases); and

- Letter of invitation from someone – preferably friends, family or acquaintences, who lives in Canada.

Getting around

The ideal season for visiting and touring Canada is spring, summer, and autumn. The peak tourist season is between late May and early September. For outdoor enthusiasts who intend to see the far north side, July and August are the ideal months to spend the time.

There are different ways to visit key cities and places in the country. International and national airlines operate regular flights every day, rail service companies run hundreds of trains per week, and bus lines continue to provide affordable travel to millions of passengers.

When conversing with the locals, visitors can choose to speak either in English or French (the country’s two official languages), although there are various native languages as well, which are spoken widely in certain provinces and territories.

Visit restrictions

Not everybody can come, though. The invitation to visit Canada has its restrictions, too. At this point, they may consult with immigration lawyers.

Security, health, or financial reasons are the top factors that can possibly hinder a foreigner from travelling to and entering Canada. The Citizenship and Immigration Canada cites a policy: that foreigners who are not allowed to visit the country include those individuals involved in criminal activities, organized crimes, and incidents of human rights violations.

To have your Invitation form drafted and/or notarized, please contact us (416) 365-9473.