Category: FAQs

The Immigration and Refugee Protection Act (IRPA) plays a critical role in Canadian immigration law. It provides the legal framework that regulates immigration in Canada and defines the rights, responsibilities, and procedures for immigrants, refugees, and citizens. IRPA is essentially responsible for establishing the policies and guidelines that control who can enter the country, how long they can stay, and what actions can lead to their removal. The Act is also designed to ensure that those entering Canada align with the country’s socio-economic needs and security concerns, uphold humanitarian values and facilitate family reunification. Designed to be fair and unbiased, the IRPA sets out a structured system to grant asylum to people genuinely at risk. It maintains a balance between enforcing immigration laws and protecting refugees’ rights.

The Manitoba Provincial Nominee Program (MPNP) is designed for experienced business people who wish to immigrate to Canada and establish, purchase or become partners in a business in Manitoba. To be eligible, applicants need to meet the following criteria:

1. A minimum verifiable personal net worth of CAD 500,000.

2. A minimum of three years of full time work experience in the past five years either as an active business owner or working in a senior management role of a successful business.

3. Business owners are given higher points in comparison to senior managers.

4. Business owners must have at least 33 1/3% ownership to qualify for points.

5. The proposed business must create or maintain at least one job for a Canadian citizen or a Permanent Resident in Manitoba (excluding owners and their family members).

6. A deposit of CAD 100,000 is required if the application is approved.

The process to apply for the Manitoba Provincial Nominee Program for Business can be outlined in these stages:

1. Exploration Visit: Potential applicants visit Manitoba to research communities and potential business opportunities before submitting their EOI.

2. Submit an Expression of Interest (EOI): An EOI is not an application, it is an online profile and point-based system where points are given for age, language proficiency, work experience, education and adaptability.

3. Invitation to Apply: If the applicant scores enough points, they are invited to submit a full application to the MPNP.

4. Interview with a MPNP officer: Once a complete application is received, an interview will be scheduled after which an assessment will be made and a decision taken on the provincial nomination.

5. Approval and Deposit Agreement: Once approved, the applicant must sign a Deposit Agreement with the Government of Manitoba and provide a deposit of CAD 100,000.

6. Obtain your Permanent Resident Visa: With the provincial nomination certificate, applicant can then apply to Immigration, Refugees and Citizenship Canada for a Permanent Resident visa.

7. Arrival and Business Establishment in Manitoba: Within 24 months of landing in Manitoba, the applicant must start or purchase a business in Manitoba.

In conclusion, the MPNP for Business is a beneficial program for immigrants who wish to start a business and settle in Manitoba. However, the process can be complex and requires careful planning and preparation. It’s always recommended to consult with an experienced immigration lawyer to help navigate through this process.

The Canada-United States-Mexico Agreement (CUSMA), also known as USMCA in the U.S, has several provisions that can potentially affect your ability to work or invest in Canada as a U.S. or Mexican citizen.

If you’re looking to work in Canada, CUSMA has introduced some changes to the categories of professionals who can obtain a NAFTA work permit. The list of professionals has been modernized and expanded to include more professions, thereby increasing the opportunities for U.S. and Mexican citizens to work in Canada. However, it’s important to note that the requirements to obtain a work permit remain rigorous, and you must demonstrate that you fulfill all necessary qualifications and conditions for your specific profession.

Regarding investment, CUSMA ensures a stable and secure environment for investors from the U.S. and Mexico. It includes comprehensive protection against unfair expropriation and discrimination. In addition, it guarantees the free transfer of funds related to an investment in a freely usable currency. As an investor, you also have the right to submit a claim to an impartial international tribunal in case of disputes related to your investments.

However, there are some industry-specific limitations. For instance, in the dairy industry, Canada has agreed under CUSMA to provide specific quotas for U.S. exporters. This may limit opportunities for U.S. or Mexican investors interested in this particular sector.

While CUSMA provides a general framework for working and investing in Canada, it’s important to consult with a seasoned immigration lawyer who can provide advice based on your specific circumstances and interests. Navigating through immigration laws and international trade agreements can often be complex and challenging. Therefore, professional legal assistance is crucial to understand the potential opportunities and challenges under CUSMA.

In conclusion, while CUSMA opens several avenues for U.S. and Mexican citizens to work and invest in Canada, it is necessary to understand the specifics of these provisions to fully leverage the benefits. It is always advisable to consult with seasoned immigration lawyers, like us at LexLords Canada Immigration Lawyers, for a comprehensive understanding of how CUSMA can affect your specific situation.

A Pre-Removal Risk Assessment (PRRA) is a safeguard measure in Canadian law that offers protection to individuals who are facing removal from Canada and fear persecution, risk to life, or risk of torture or cruel and unusual treatment in their home country. It is a procedure that aims to ensure that individuals are not deported to a country where they may be in danger.

PRRA is not an application process that an individual can initiate. Instead, it is initiated by the Canadian government when a removal order has been issued against an individual. Eligibility for a PRRA is determined by Immigration, Refugees and Citizenship Canada (IRCC). There are certain conditions under which a person cannot apply for a PRRA. These include if they have made a claim for refugee protection that was denied within the past 12 months, or if they are subject to extradition.

When an individual does become eligible, they will receive a notification letter from the Canadian government. From then, they generally have 15 days to apply, though this period may be extended in certain circumstances. It’s crucial to understand that receiving a PRRA does not guarantee the right to stay in Canada; a positive PRRA decision means the person is found to be in need of protection and will not be removed from Canada. Conversely, if the PRRA decision is negative, the person is expected to leave the country.

It’s important to note that PRRA deals with potential risks associated with removing someone from Canada. It’s not designed to reassess matters that were previously decided on a refused refugee claim or previous PRRA refusal.

Navigating through Canada’s immigration system can be complex, and legal advice should be sought when dealing with such matters. Legal professionals such as LexLords Canada Immigration Lawyers are experienced in handling these complex issues and can offer guidance and support throughout the process.

The Canada-Peru Free Trade Agreement (FTA) was established to enhance and stimulate economic relations between the two countries. However, it’s important to underscore that this FTA does not have a direct impact on immigration policies or the eligibility criteria for Peruvian citizens wishing to apply for Canadian visas. Rather, this agreement is primarily centered on trade, investment, and services, and it aims at eliminating tariffs on most goods traded between the two countries.

The Canadian government through Immigration, Refugees, and Citizenship Canada (IRCC), separately details the regulations governing the issuance of visas to foreign nationals, including Peruvians. Notably, the standard visa application processes, status checks, or special categories of visas relevant for those looking to work, study, or immigrate to Canada apply uniformly regardless of this free trade agreement – a factor that is guided by Canada’s Immigration and Refugee Protection Act.

However, if a Peruvian citizen is employed with a company that has significant trade relations with Canada, they might have an improved chance of getting a temporary work permit under specific categories of International Mobility Program. It’s worth noting that this doesn’t alter their eligibility for immigration.

It’s therefore essential for any Peruvian citizen wishing to move to Canada for work, study or other reasons to familiarize themselves with the relevant Canadian immigration laws and policies as outlined by the IRCC. The Canada-Peru Free Trade Agreement primarily accelerates economic activities between these two countries without directly influencing immigration rules and regulations.

In conclusion, while there may be indirect benefits arising from enhanced trade relations between Canada and Peru, it is vital to understand that the Canada-Peru FTA does not directly affect Canadian immigration policies or alignment on visa eligibility criteria for Peruvian citizens. Any prospective immigrant must fulfill the established requirements as set by Canadian Immigration policies.

A Pre-Removal Risk Assessment (PRRA) is a unique legal procedure within Canadian immigration law designed to protect individuals who are at risk of persecution, torture, cruelty, or unusual punishment if deported to their home country. It evaluates the potential danger or risk the individual may face upon returning to their country of nationality.

PRRA can be applied when an individual has been issued a removal order from Canada. However, it only becomes accessible once the person receives a notification from the Canada Border Services Agency (CBSA) stating that they are eligible to apply. Typically, this is within 30 days after the notification is issued.

It’s crucial to note that not all individuals under a removal order can apply for a PRRA. The opportunity to apply is limited to those who did not have a previous risk assessment by the Immigration and Refugee Board (IRB) or PRRA officer in the past 12 months. There are few exceptions to this rule, such as change in circumstances in the person’s home country or changes in the definition of risk by Canadian jurisprudence.

The PRRA offers a legal channel through which individuals facing removal can explain why they believe they are at risk in their home country. This procedure ensures they are granted an opportunity to make their case and potentially receive protection by the Canadian authorities.

Applying for a PRRA is a grave matter that requires adequate legal representation. As seasoned immigration lawyers, we at LexLords Canada Immigration Lawyers recommend seeking professional advice to navigate this complex process accurately and effectively.

The Prince Edward Island (PEI) Provincial Nominee Program (PNP) is an immigration program that allows the province to nominate individuals who qualify under various categories for Canadian immigration. The eligibility criteria and application process for this program varies according to the category selected by the applicant. These categories include the PEI PNP Express Entry, Business Impact Category, and Labour Impact Category.

1. PEI PNP Express Entry: To be eligible, the applicant needs to meet the requirements of one of the federal economic immigration programs: Federal Skilled Worker Program, Federal Skilled Trades Program, or Canadian Experience Class. The applicant also needs to show a genuine interest in living and working in PEI.

2. Business Impact Category: This category is for individuals who want to invest in and manage a business in PEI. The applicant needs to have a minimum personal net worth of CAD $600,000, minimum education of secondary school, age between 21-59, transferable management skills, and previous business ownership or senior management experience.

3. Labour Impact Category: This category is divided into three streams: Skilled Worker Stream, Critical Worker Stream, and International Graduate Stream. The eligibility criteria differ for each stream but generally include factors like age, language skills, work experience, and job offers.

For the application process, the following steps must be followed:

1. Application Preparation: The first step is to choose a category that suits your plan and circumstances best. Prepare your application with the appropriate supporting documents.

2. Submission: Submit your application to the PEI Office of Immigration online or through mail.

3. Assessment: After submission, your application will be assessed according to the guidelines of the selected stream.

4. Interview: You may be invited for an interview to discuss your application further.

5. Nomination: If your application is successful, you will receive a nomination certificate from PEI PNP.

6. Federal Application: The final step involves submitting your application to Immigration, Refugees, and Citizenship Canada (IRCC) for permanent residency.

Remember that satisfying the eligibility criteria does not guarantee a nomination. The province will consider various factors like the province’s economic needs and the applicant’s genuine intention to settle in PEI. It is highly recommended to consult with seasoned immigration lawyers for a smoother application process.

The New Brunswick Provincial Nominee Program (NBPNP) is an economic immigration program operated by the province of New Brunswick in partnership with the Government of Canada. The program is designed to attract and retain skilled workers and entrepreneurs who wish to settle in New Brunswick.

Eligibility Requirements:

There are several streams under the NBPNP, each with its own set of eligibility requirements. However, some general criteria include:

1. Connection to New Brunswick: Applicants should have a genuine connection to the province such as a job offer, or operate a business contributing to the New Brunswick economy.

2. Work Experience: Depending on the stream, applicants may need work experience in a specific occupation or skill level.

3. Education: A post-secondary degree or diploma is often required.

4. Language Ability: Applicants must demonstrate proficiency in English or French.

5. Age: While not always specified, applicants are typically between 22-55 years old.

6. Settlement Funds: Applicants must demonstrate they have enough money to support themselves and their families after immigration.

7. Intent to Reside: Applicants must intend to live and work in New Brunswick.

Application Process:

The application process for the NBPNP involves several steps:

1. Determine Eligibility: Determine which stream(s) you are eligible to apply through.

2. Application: If eligible, complete and submit your application online via the New Brunswick’s online application system.

3. Assessment: The province assesses your application based on the eligibility criteria and selection factors.

4. Nomination: If approved, you receive a provincial nomination certificate from New Brunswick.

5. Application to IRCC: You then apply for permanent residence to Immigration, Refugees and Citizenship Canada (IRCC). Your nomination from New Brunswick gives extra points under the federal Express Entry system.

6. IRCC Decision: IRCC makes the final decision on your application for permanent residence.

As with any immigration program, the eligibility criteria and application process can be complex, and the outcome is never guaranteed. It is recommended to seek advice from seasoned immigration lawyers such as LexLords to guide you through the process and increase your chances of a successful outcome. They can help you understand the requirements, gather the necessary documentation, submit a complete and accurate application, and communicate with immigration officials on your behalf.

The Saskatchewan Immigrant Nominee Program (SINP) is a provincial immigration program that allows Saskatchewan to nominate individuals for Canadian permanent residence based on their ability to establish economically in the province. This program is managed by the Government of Saskatchewan in collaboration with Immigration, Refugees and Citizenship Canada (IRCC).

Eligibility Criteria:

1. Citizenship or Permanent Residency: Applicants must not be a refugee claimant or involved in a federal appeal or removal process.

2. Language Proficiency: Applicants must have language skills equivalent to Canadian Language Benchmark (CLB) 4.

3. Education and Training: Applicants require either a post-secondary degree or diploma of at least one year, or eligible certification/trade.

4. Work Experience: Minimum one year of work experience in the past ten years in your intended occupation.

5. Job Offer: A full-time, permanent job offer from a Saskatchewan employer is required unless you are applying under the International Skilled Worker or Saskatchewan Experience Category.

6. Licensing: If your profession is regulated, you must show proof of eligibility for Saskatchewan licensure.

7. Settlement Funds: Applicants must have enough funds to support themselves and their family after they arrive in Canada.

Application Process:

The application process for the SINP involves the following steps:

1. Application Assessment: The Government of Saskatchewan assesses applications based on eligibility and selection factors.

2. Nomination: Successful applicants are nominated by the province for Canadian permanent residency.

3. After Nomination: Nominated individuals then apply for permanent residency through IRCC and undergo medical examinations and security clearances.

Applications for SINP can either be made online or by mail and must include all required documents. It’s advised to consult with an immigration lawyer during this process to ensure that all requirements are met and to maximize the chances of success.

This is a generalized overview and individual circumstances can affect eligibility and the application process. Therefore, it’s recommended to get legal advice for your specific situation from a professional immigration lawyer.

The Canada-Korea Free Trade Agreement (CKFTA) significantly expands economic opportunities between Canada and Korea, facilitating a more conducive environment for investment and job opportunities. However, it is crucial to note that, as a Korean national, the CKFTA does not directly affect your ability to work or invest in Canada.

Firstly, regarding employment, the CKFTA does not automatically grant work permits to Korean nationals. The usual immigration rules and procedures for obtaining work authorization, such as work permits or visa regimes, still apply. Therefore, you still need to meet the requirements set out by Immigration, Refugees and Citizenship Canada (IRCC) to be eligible for a permit or visa.

On the other hand, if you are planning to invest in Canada, the CKFTA has a dedicated section that deals with investments. Its primary goal is to create a stable and predictable investment environment between the two countries. Despite this, the agreement does not bypass the Canadian laws and regulations related to foreign investments. Koreans aiming to invest in Canada must still comply with the Investment Canada Act and other provincial regulations.

Additionally, by reducing tariffs, improving access to services markets, and fostering a transparent regulatory system, the CKFTA indirectly paves the way for better trade relations between Korean and Canadian businesses. Consequently, this could potentially open up more job opportunities for Korean nationals in Canada.

It is advised to consult with immigration lawyers to fully comprehend how immigration laws interact with this trade agreement in terms of work and investment possibilities. A seasoned lawyer can provide personalized advice considering your specific circumstances.

Remember that immigration laws and regulations may change over time, and it’s essential to stay up-to-date or have legal advisors who can guide you through the process. In conclusion, while the CKFTA sets up an advantageous economic relationship between Canada and Korea, working or investing in Canada as a Korean national still requires compliance with the existing immigration rules and regulations.