Refund on Permanent Residence Application

There are generally no refunds on Permanent Residence Application refusals. There are some exceptions when you might get a refund if your application is refused or withdrawn. The fees that might be refunded to you can be –

  • The Right of Permanent Residence fee
  • The Right of Citizenship fee
  • The Open Work Permit fee
  • International Experience Canada fee
  • The Employer Compliance fee

Can a US Citizen Stay in Canada as a Visitor?

Generally, US citizens do not require a visitor visa to enter Canada. However, they do require a Visitor Visa if they plan to stay in Canada for 6 months or more. If your plans have changed to prolong your visit while in Canada, you will have to apply for a visitor visa.  You need to have a valid explanation for your plan to stay in Canada. You must also establish that you have strong ties to your home country and have the intention of returning. This can be done by showing proof of a family back in US, property, or a business. While in Canada on a Visitor Visa, you cannot pursue unauthorised work.

Extension on Visitor Visa

If you have a valid reason to extend your stay in Canada while on a Visitor Visa, you can apply for extension. The application must be made before the expiry of the visitor visa. In case, the Visitor Visa has already expired, you will have an implied status in Canada while your application of extension is getting processed. If your get an approval, you can continue to stay in Canada on a new Visitor Visa. However, if you are denied, you will have to leave Canada within a stipulated period of time.

It is always better to make extension application via a professional law firm. Why take chances when you can get expert consultation to make things easy for you.

Can Visitor Visa be Extended Twice?

There is no defined limit to limit the extension on a Visitor Visa as per the Canadian Immigration Law. The only defining factor for the extension on a Visitor Visa is the reason for your extended stay. The immigration officers, in such case, focus on details that can establish that you do not plan to stay permanently in Canada. If the applicant can establish that they have intention of returning, they can get any number of extensions on their Visitor Visa. However, this depends on the case and the history of the applicants. Always consult a lawyer before making this kind of an application as it requires to be error-free and consistent t be convincing.

Visitor Visas

If you are a permanent resident in Canada or a Canadian Citizen, you can call your parents or siblings to visit you on visitor visa. For a Visitor Visa, the applicants will have to prove that they are traveling to Canada on a temporary basis and do not have an intention of staying forever. This is established by showing proof that the applicants have strong ties back in their country and have plans to voluntarily return to their country at the time of the end of the visit.

For Visitor Visa, it is imperative to be very sure of what supporting documents are required to establish that you are visiting Canada only for a temporary period of time and have all plans to return.

What to do if the Visitor Visa is Refused?

If you have been refused a visitor visa once, you can always re-apply. Although the previous refusal can affect your future chances of getting an approval on visitor visa, it is still a prominent option. It is always advised that your immigration or visitor visa applications must be filled thoroughly, after proper research and understanding of the procedure and must carry all verifiable documents to establish the claims you are making in the application. Any inconsistencies or incongruities in a visa application can have a long-lasting effect on your prospects of immigrating to another country. However, if you have been refused once, do not take another chance. Consult an experienced immigration lawyer who can guide you through the process and assist you in the smallest detail which you otherwise may ignore.

Criminal Inadmissibility

The CBSA has all the authority to forbid an individual to continue staying, or from entering Canada at the port-of-entry if there are any criminal inadmissibility findings against an individual. The activities that make someone inadmissible in Canada include –

  • Human or International Rights Violation when an individual in Canada, or wanting to enter Canada is found to be involved in atrocities, ill-treatment, misconduct or disrespect of others.
  • Serious Criminality and Criminality when an individual has been convicted for a serious. A serious crime refers to a crime committed by the permanent resident which carries a sentence of 1 year at least, or a sentence of imprisonment for 6 years at least. Such crimes are can make an individual inadmissible in Canada. It does not matter if the crime and the sentence happened inside or outside Canada, in both the situations an individual will not be given permission to be a permanent resident of Canada.
  • Organized Criminality is when a permanent resident or a Canadian citizen is found involved with a suspect organization with history of evil intentions towards the security of the nation. Any involvement with an organization of such disrepute can get removal or deportation orders for an individual. Even crimes like human trafficking and money laundering fall under this Section.

While applying, always mention of any criminal record you might have in the past. When you fill your application for permanent residency in Canada or for any other program, you are required to furnish your criminal history as well. For that, usual way is to attach a No Criminal Record Certificate from the police. In case, you do have a criminal record, it is better to give all details including nature of the crime, when it was committed, the sentence announced, and whether there are pending court/police charges against you still. Hiding your criminal record is highly discouraged and it is better you be honest about these. If you have a criminal history and want to re-settle in Canada, it is best to consult an immigration lawyer who can give your case personalized attention and solution. In a lot of cases, the time when the crime was committed is of crucial value. If a considerable amount of time has elapsed in case of a non-serious crime, an applicant can get Temporary Resident Permit. The Temporary Resident Permit permits an individual to visit Canada at short intervals but remains valid for a longer period of time.

Apart from this, the applicant can also apply for Criminal Rehabilitation that is valid upon fulfillment of certain conditions.

As suggested, it is better to consult an immigration lawyer for more intricate details.

Foreign-Based Employee Recruitment – What to do take Care of!

Whenever you recruit foreign-based employees for your company in Canada, it is very important to do all the paperwork well in time and efficiently. Hiring foreign-based workers is easy but comes with procedures so that both the interests of the Canadians and the foreign worker can be safeguarded.

There are certain standards to be met by the employer who seeks to hire a non-Canadian skilled worker. The qualifying requirements to be fulfilled by the employer recruiting the foreign national are –

  • The employer must be permanently settled in Canada and directly engaged in business.
  • The non-Canadian employee must have all the right educational qualification and work experience suitable for the job offer.
  • The employer must have a good record of compliance with federal, provincial, or territorial laws in the past as well.
  • The employer must have made sufficient efforts to hire a Canadian national first. The employer will be asked to demonstrate that considerable efforts were made to ensure the same. The minimum efforts made to hire a Canadian first vary from job type to job type. If the employer is hiring for trades and technical posts, the employer is required to advertise on the National Job Bank. However, if the employer wishes to fill managerial or other professional posts then he has to put efforts as consistent with the industry. If employers want to hire an individual on post-graduate work permit, they need not advertise at all. All in all, a major consideration for the Canadian government is that Canadian people must be given preference for employment opportunities.
  • The employer must ensure that the working conditions for the hired professionals are conducive, free of abuse and non-discriminatory.
  • The employer must demonstrate if any prior commitment made at the time of LMIA issuance related to skill and knowledge of Canadian nationals have been delivered.
  • The employer must pay full wages to the non-Canadian employee as per the Canadian market standards. No discrimination should be levelled at foreign workers.

Work Permit – What if your College of Graduation is not Recognized by Canadian Government?

We were approached by a client who had to suffer a considerable academic loss because she as denied a post-graduate work permit. The reason was found to be that the private institute from where she completed her graduation was not a recognized one. When she approached us, she was completely distraught and felt completely lost. Such a situation arises when students immigrate to Canada through counselling from local immigration consultants. Many are misinformed about their prospects in Canada. In this case, we advised the woman to request her employer for an LMIA. Since she had an arranged employment in Canada, it was easier for her to do so. After that, the process became smooth and easy.

Work Permit – Visiting your Spouse if he/she is on Work Permit

If you want to visit your spouse or partner who stays in Canada on a work permit, you will have to apply for a visitor visa.

You can also apply for an open work permit if you meet certain requirements of the permit. An open work permit can be applied only if your spouse’s work permit is valid for a minimum of 6 months and if he/she is employed in a skill recognized by the NOC in the skill level of A,B or O (Professional, trade or Management). This kind of work permit does not bound you with one employer making you free to change jobs as required.

Remember if any member of the family immigrates to Canada on a work permit, he/she can call their immediate family members to reside with them easily on an open work permit. You just need to fulfil the requirements to qualify under this program. A few of the requirements have already been mentioned above. Other than this, the members of the family must demonstrate that they are immigrating to Canada only temporarily and have strong ties back home. Finances of the family will also determine if they are permitted.

Extension of Work Permit

We were last year approached by a girl who had applied for an extension on her Canadian work permit. While her file was getting processed, she was offered a more lucrative job by another employer. When she came to us, she was in real conflict confused if she should move forward with the once-in-a-lifetime opportunity or wait for the extension application to get approved first. We explained the matter to her in detail. When you apply for an extension on work permit on the condition that you will work with the same employer, you get an implied status till the time the new work permit is not issued. If you change or shift employers while the processing is going on, your extension might get cancelled. Switching jobs is permissible under certain types of work permits only like the post-graduate work permit.

Better to hire professional assistance in this matter. There can be more nuances to your problem and an experienced lawyer can give you a personalized strategy to ahead with.

Travelling to Canada for Business Purpose – How to Go with it?

Business visitors to Canada do not need a work permit or travel visa to enter Canada. Section 187(3) of IPR outlines the common criteria for entry in Canada as a business investor, and Section 187(2) underlines the criteria with elucidatory evidence.

If, as a non-Canadian, you do not seek to enter the labour market in Canada, have a business of an international scope, and your remuneration, principal place of working, is outside Canada, you qualify as a Business Visitor.

Time Period

The Business Visitors can stay in Canada for up to 6 months from the date of their arrival. For a longer stay in Canada, the applicant must apply for a work permit as a temporary worker in Canada.

Activities that can be undertaken as a Business Visitor

As a Business Visitor you can undertake the following activities in Canada –

(1) Training -specific exercises which do not require goods production or services delivered.

(2) Staff meetings meant for standardising processes with Canadian employees.

(3) Sales specific calls to Canadian customers.

(4) Board meetings, and/or presentations and public-speaking events (seminars/conferences).

(5) Non-working meetings with Canadian customers.

Study Permit on Part Time Studies

An applicant can apply for a study permit even if they want to pursue a part-time course in Canada. A study-permit conditions do not include any particulars on the type of education, course or minimum hour of engagement in studies. On a study permit, an applicant can stay in Canada for the entire duration of the course with an additional 90 days permission. It is important to confirm what conditions you need to fulfil if you also want to work along with your studies. Requirements may vary in every case so it is better to consult an immigration lawyer or a firm.

Study Permit Extension

It is possible to get extension on study permit in case an individual could not finish his/her studies in the stipulated time period. Study permits can also be extended if the individual had to take a break from studies due to some unavoidable reasons. However, establishing these reasons can sometimes be very challenging. Extension on study permits demands establishing if the students is genuinely dedicated to studies and wishes to continue with them with full earnestness.

Such extension requires you to be good with rhetoric and well-equipped to understand complex legalities of Canadian Immigration law. It is best to consult an immigration lawyer who can make compelling submissions on your behalf and represent you in a persuasive manner.

Beware of Marriage Frauds

Marriage frauds means when prospective immigrants to Canada are hoodwinked to believe that marrying a Canadian Citizen is the only way available for them to immigrate to Canada. People usually get entrapped in fake marriages for an easy immigration to Canada. Most of the people who seek settlement in Canada based on these fake marriages have to suffer because a lot of times these set-ups turn sour because of further frauds committed by the unknown stranger that have married under dupe. We have been approached by many young people in Canada who were duped by their own immigration consultants to get into this practice.

Canadian Immigration law has become extremely severe in punishing those who seek settlement in Canada through fraud, misrepresentation or dishonest means. Marriage of convenience or false marriages are viewed to be one of the highest kinds of misrepresentation and legal offence. We strictly advise against it. In case your fraud marriage is discovered by the immigration officers, you stand all the chance to lose your permanent residency card, work permit and/or also revocation of your Canadian citizenship. You will be deported from the country and re-applying after such a case is out of question.

In case, you feel that your chances for immigration to Canada are bleak under normal circumstances, it is better to consult an immigration lawyer who can still find many ways to help you in your immigration.