Frequently Asked Questions

Applying for International Experience Canada (IEC) Work Permit

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These applications cover three kinds of work permit –

  1. Working Holiday
  2. Young Professionals
  3. International Co-Op Internship

Each category has its own set of eligibility standards and may vary from country to country. However, there are certain general requirements to be met with to apply under this pool.

The application process of International Experience Canada (IEC) Work Permit program has recently been modified. Now, the application process is made available online. Different parameters will determine who is eligible to apply online and who will be required to make paper application submissions. In certain cases, both methods can be used.

The online application has two stages. At first, an applicant will take an online eligibility assessment to determine if he/she qualifies for the program, then the applicant will take an online work permit assessment by using tools like MyCIC account and IEC-Kompass account.

At this point, the program, is accepting limited applications and will be filled on first-come-first- served basis.

If you are interested in applying for the International Experience Canada Work Permit, you are advised to consult an experienced immigration lawyer who can help you in compiling a persuasive application. We, at LexLords, are known for our high level of competence and experience in immigration cases and would be glad to assist you in making a compelling case for you.

Hiring Foreign Based Workers for your Company in Canada

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In circumstances where an employer in Canada is unable to recruit a Canadian to fill in a specific position, the Employer-driven Stream allows the employer to maintain the employment of a non-Canadian national on a permanent full-time basis. However, there are certain necessities that the employer needs to take care of in case of recruitment of foreign nationals.

Employer Requirements

  • The employer needs to specify if they are a corporation, a limited partnership or a sole proprietorship in the pre-screening application.
  • The business must be at least three years old and profitable in the home country.
  • The business proposition and implementation must comply with the federal, provincial legal norms including adherence to labour and employment standards.
  • Non-Canadian employees recruited in the enterprise must be on a temporary work permit in Canada. They must be recruited on full time permanent basis and must be paid industry competitive wages.
  • The recruitment of the non-Canadian employees must adhere to skill types as represented in NOC skill levels. The employer must also prove if the recruitment under the position was really necessary.
  • The job agreement must not violate any agreements or must not threaten opportunities for other Canadian nationals and permanent residents.

Therefore, the employer seeking to recruit foreign nationals will first have to establish that any Canadians could not fulfil the requisites of the skills needed to the stated employment. To establish this, the employer will have to submit advertisements or other attempts made to first hire Canadians. This is done to ensure that Canadian nationals and its permanent residents are given equal job opportunities.

Detention Appeals

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Canadian Border Service Agency (CBSA) has the authority of detaining non-Canadians entering Canada or those living here as permanent residents on various suspicions.

If a CBSA inquiry finds you to be a threat to national security or to the security of an individual, or if you have committed a serious crime, a human rights violation, you will be detained. You can also be detained if a CBSA officer believes that you have not proven your identity convincingly with verifiable documents, or has doubts that you will not appear for a formal hearing, or respond to a removal order.

Detainees later appear before the Immigration Division, a sub-unit under the Immigration and Refugee Board of Canada (IRB).

A detainee is held under vigilance in either a correctional unit or a minimum-security center made for detainees. Meanwhile, the IRB makes an in-depth inquiry into the detainee’s background and finds out if there is any proof to hold the person in detention. This inquiry has to be made within 48 hours of detaining a person.

In order to be released from detention, the detainee needs to prove that he/she is not a threat to either an individual or to Canadian society. After the inquiry is made, there is formal hearing. Such a process is open to public scrutiny and media reporting. Canada takes full responsibility in safeguarding its national security and holds these cases in all seriousness. The minister’s counsel will review the entire case and establish substantial grounds explaining why they think the individual must be detained while the detainee’s counsel or the detainee himself/herself will argue against the charge.

If a family member wishes to be present during the hearing, you can be present as a bonds person at the review and submit a performance bond or cash bond. If you present yourself as a bonds person, you must prove that you are an intimate family relation of the detainee and will have a positive impact on him whenever he/she is released. A bond person must establish himself/herself as financially sound Canadian Permanent Resident, or Canadian Citizen and must be at least 18 years old.

There are many reasons why the detention order of the detainee might not be revoked-

  1. Complete background check of the detainee is made to review if the person has a permanent residence in Canada, if someone can bear testimony to his/her conduct and if he has been cordial with others etc. The Division also checks if the person has a criminal record and/or has ever been declared a fugitive. The Division also reviews if the detainee has ever shown impudence towards Canadian law by not complying to significant court orders like removal orders, deportations orders or departure orders.
  2. The person will continue to be detained if it is proved that he/she is a national security threat. There will be a complete background check of the individual to review if he/she has ever been involved in criminal activities, as an individual or a member of an organization, if he/she was ever involved in transnational crime like human trafficking and money laundering. For a foreign national or a prospective new immigrant, the presiding officer may also enquire if the individual was ever convicted in his/her own country in past. If the individual is found convicted in any criminal offence in his/her native country, the inquiring officers will include it in their report and decide accordingly. The division will take into consideration the over-all conduct of the detainee towards the presiding officers and the members of the committee during the process of review.
  3. Also, if an individual is not able to prove his/her identity, he/she will be deemed as a potential threat to the country and will be declared inadmissible. Failure to prove one’s identity leads to suspicion that the individual might be an imposter, spy, or a fugitive. If the detention is considered valid, the minister’s counsel then decided the duration and terms of detention. Whatever the decision of the counsel, it has to be abided by. In some cases, the counsel might also suggest some alternative to detention wherever required.

In cases where the detention review declares an individual detained, there will be another detention review within the next 7 days and this continues every 30 days of the detention period. The detainee has the right to request for a detention review early but with valid reasons. The detainee might be released is it is established that the detention cause could not be substantially proven.

Lexlords as a highly committed firm of competent lawyers can help you to make an appeal to the Immigration Appeal Division in such cases and will work night and day to solve the problem.

 

 

Ways to Deal with Refusal on Entering Canada on Criminal Inadmissibility Finding

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If, as a foreign national, you have been convicted for a crime committed inside or outside Canada, you can be declared criminally inadmissible in Canada. In determining a criminal inadmissibility, an immigration officer will look into all the necessary details of your criminal history such as, (a) The nature of crime, (b) when was it committed? (c) nature of sentence, and (d) time elapsed since you completed your sentence.

On the basis of this assessment, you will be denied entry into Canada if you are found criminally inadmissible in Canada. However, in some cases where the nature of the crime is not very serious, and/or a considerable time has elapsed since you committed the crime, you can apply for Temporary Resident Permit.  A Temporary Resident Permit permits you to enter Canada on a temporary basis to meet your family or attend to business calls.

How to Obtain A Temporary Resident Permit?

Obtaining a Temporary Resident Permit depends on a few factor including your nationality and seriousness of the offence. There are two ways you can obtain a TRP –

  1. When you land at Canada’s port of entry, the Temporary Resident Permit can be issued to you on the same day of your travelling.
  2. You can also apply for a Temporary Resident Permit at the Canadian Embassy.

For anyone whose crime is not very serious and the required number of years have also passed since you committed the crime, you can apply for Rehabilitation also. A rehabilitation application should be made under the guidance of an experienced immigration lawyer who can assist you in including all the hard facts of your criminal history and establishing that you are no longer a criminal as per the Canadian Immigration Law.

 

 

 

 

 

Staying in Canada despite a Removal Order

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Permanent residents of Canada or Canadian citizens who have received a removal order from the government of Canada can file for an appeal to the Immigration Appeal Division (IAD). This appeal is can be made by convention refugees or protected persons too who have received removal order and seek its revocation. Such appeals are time-bound and have to be applied within 30 days within the time the removal order was received. A case will be made by the Minister or the Immigration Division within 45 days from the day the appeal was made. In some very rare cases, the Immigration Appeal Division may prefer arguing the case without a formal hearing, and therefore forward the appeal to Alternative Dispute Resolution (ADR) though this is not the standard norm in removal order appeals. If it is a formal hearing, there will be a proper review of the appeal to ascertain whether the appeal has been accepted or rejected. If the appeal is approved, the applicant’s removal order will be repealed, and the applicant can stay in Canada. However, if the appeal meets with stay order, the removal order goes on hold on a temporary basis and the applicant can continue to stay in Canada under certain terms and conditions. The appeal will then be re-evaluated by the Immigration Appeal division at the end of this period and assess if the appeal has to be approved or denied. If the appeal is denied again, the person will have to leave Canada.

What if you do not answer Removal Order?

When you do not appear for a removal order, an arrest warrant is issued against you. The CBSA may deem you as a threat, especially if your removal order is on account of criminal inadmissibility, and they can also detain you. Most often, one has to leave Canada but you are given an opportunity to represent yourself, which you can either do on your own, or hire a lawyer. In case, you have to leave Canada, you will need an Authorization to Return to Canada

 

 

 

 

 

Criminal Inadmissibility in Canada

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Any individual with a record of serious crime and misconduct will be referred by the IRPA to the Immigration Division for a review of his/her background check. In such cases, an individual can lose permanency residency status if the crime is proved by the Division. 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 perceived to be the basis to declare 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.

If a Canada Border Security Agency (CBSA) enquiry deems you as a threat to the security of the nation or an individual, or if you have committed a serious crime or a human rights violation, you can also be detained. You can also be detained if a CBSA officer believes that you have not proven your identity convincingly with verifiable documents, or has doubts that you will not appear for a formal hearing, or respond to a removal order, you will be detained.

The individual will be given an opportunity to represent himself/herself before the government lawyer. If the person is found admissible in Canada, the person can continue to remain in Canada, or to enter Canada. Detained people, found not guilty, will also be released on coming out clean.

However, in case the person is declared inadmissible to Canada, the person will receive a removal order. An appeal against the removal order must be made within 30 days starting from the day it was received. A case will be submitted by the Minister or the Immigration Division within 45 days from the day the appeal was made. In some very rare cases, the Immigration Appeal Division (IAD) may prefer arguing the case without a formal hearing, and therefore forward the appeal to Alternative Dispute Resolution (ADR) though this is not the standard norm in removal order appeals. If it is a formal hearing, there will be a proper review of the appeal to examine if the appeal should be accepted or denied. Once the appeal is permitted, the applicant’s removal order will be repealed and the applicant can stay in Canada. However, if the appeal meets with stay order, the removal order goes on hold on a temporary basis and the applicant can continue to stay in Canada under certain terms and conditions. The appeal will then be re-evaluated by the IAD around the end of this period to check if the appeal must be accepted or denied. If the appeal is denied again, the person will have to leave Canada.

Travelling outside of Canada while your Citizenship Application is Under Processing

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If you fulfill all the requirements of being a Canadian citizen, you can travel abroad without affecting your citizenship application. As a permanent resident, you must ensure that you meet all the requirements of a PR which means that you must have completed at least 2 years stay in Canada in last 5 years. You are also advised to always keep track on your travel history so as not to miss crucial dates such as these.

Time Taken for a Canadian Immigration Application

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Time taken for the processing of a Canadian immigration application depends on the program that you apply under. All applications are to be supported with verifiable documents. Sometimes, an immigration officer might require some additional information. Doing a back and forth on this kind of communication can sometimes take a lot of time. A lot of many times applicants have to wait for a long time to get a particular document generated from a former officer or a former education institute, and that might take additional time.

An application, with missing information, or wrong information can fall under the charge of misinformation. Moreover, documents are a crucial part of any application. Any missing document is sure to delay the processing of the immigration application.

It is best to seek professional aid when applying for immigration. Immigration lawyers are a positive investment for anyone planning to move to Canada, hence, it is better to hire help first than regret later.

 

Refugee Claim – Can it be made twice?

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An individual who is wishes to live as a refugee in another country and has no intention to return to his/her native country for the fear of persecution, life threat or social condemnation is called a convention refugee. Such applicants can be under threat for reasons like race, ethnicity, national identity, political allegiance, or religion, or for being a part of a group such as a particular gender or political group. Mostly they are either under threat of life, or at a high risk of being tortured or condemned in their country/ or the country of previous residence. Convention refugees must be able to prove that they are under high risk of being persecuted in their own country. The threat can be to life, or a grave risk of being tortured or humiliated. As a convention refugee, Canada permits these claimants to have a safe life in Canada.

Can A Refugee Claim Be made Twice?

A second refugee claim is not permissible, but such an applicant can always make a Pre-Removal Risk Assessment (PRRA) request to the IRCC after getting due permission from the CBSA.  A PRRA is meant to give you a second opportunity to represent yourself again, with or without a lawyer. Refugee Claims are highly complicated and challenging. Any error at any stage can lead to adverse results. We will advise all such applicants to always take professional help so that the process if made smooth and error-free for them.

 

Humanitarian and Compassionate Grounds Category

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Humanitarian and Compassionate (H&C) Application is a provision under Section 25 to represent applicants who seek permanent residence status in Canada for reasons beyond their control. This is permissible in some exceptional cases and can prove to be quite challenging to get approved. Most often, it is extremely difficult to establish an individual’s extraordinary circumstances to enable them to benefit from this provision.

To apply under this provision, the applicant must prove why leaving Canada can prove risky and threatening for them. Therefore, the application must be strong and well-argued. The reasons for seeking humanitarian aid must be provided with sufficient proof.

Applications submitted by an individual are reviewed thoroughly by the reviewing officer who will determine the genuineness of your request. An enquiry into your circumstances will be made to assess your background, financial status, and police record to determine if you are inadmissible in Canada. It is also reviewed if the status of permanent residency of Canada can really ensure protection to the applicant. The examining official will also review if your request for special provision should be processed under H&C.

What if the H&C Request is Refused?

If an applicant’s request is rejected for some reason, he/she can further request the Federal Court of Canada government to review the case. A Pre-Removal Risk Assessment can be requested which means , you have to give a written submission to the Immigration, Refugee Citizenship Canada (IRCC) to give you another chance to establish your claim.

The approval for application processing under Humanitarian and Compassionate grounds is dependent on the following factors –

  1. To qualify for this provision, an applicant must prove that he/she is financially settled. The review board will enquire about the applicant’s financial status, job stability or business success, and give preference to those who can prove to have contributed significantly to Canada’s economy.
  2. An applicant is also assessed on the basis of his/her assimilation into the Canadian society. An applicant with healthy life and social skills will be preferably retained by the government of Canada than anyone who is ill-adapted to Canadian culture.
  3. An applicant must also justify why they need inclusion under Humanitarian and Compassionate category. H&C are successful in only extraordinary cases. While applying under this category, you must provide enough proof to establish why you must be considered. You must prove why leaving Canada will bring you immense hardships or disproportionate suffering. Only then they qualify exemption from fulfilling a few requisites otherwise mandatory for permanent residency visa.

Extension on H&C Application

If you have applied for an H&C while you had been staying in Canada under some approved permit or travel card, then you can seek extension in case of a threat of removal by making a request for stay orders with the Federal Court of Canada. We recently received a request for assistance in a case where a man was asked to leave the country while his spousal sponsorship application was under process. He had been living in Canada as a refugee claimant all this while and had a work permit. In such a case, the family could do following things –

  1. They could ask the immigration officers to defer the removal orders since his application was already under process.
  2. They could obtain stay order from the Federal Court of Canada.

Since this was a case of spousal sponsorship and the family was already well-established in Canada, it was not very difficult to prove in court that the family will be devastated if the husband has to leave under these circumstances. The couple also had a child which helped to argue in the interests of the child who could be happy only with the family together.

The family was extremely happy when our client was given extension on his application. Very recently, his spousal sponsorship application also got approved and Lexlords Canada Immigration Lawyers was happy to help.