Permanent Residency Confirmation Via Phone Call

The IRCC has recently introduced a new program whereby the individuals whose permanent residency has been confirmed will be receive the information via a phone call which will smoothen the process for the applicants. Earlier, when the permanent residency of an individual was authorised, they would receive an approval letter and a Confirmation of Permanent Residence (CoPR) document through mail. After this, to confirm their permanent residency status, the applicants were required to attend an interview at an IRCC office close to them or leave Canada and return through port-of-entry. This process was found to be lengthy, expensive and time-consuming.  This process was also not very friendly for those who either cannot afford to leave Canada or those who face difficulty in traveling to port-of-entry.

As per the recently introduced program, selected individuals will be informed about the confirmation of their permanent residency through a telephone interview. The document of Confirmation of Permanent Residence (CoPR) will be either mailed to the individuals or uploaded on the IRCC account of the individual if they had applied online. The process of the telephonic interview will remain same as that of the earlier one. Such interviews can take approximately 15 minutes or so. Since the program has been recently initiated and is still under at the scanning stage, the candidates who would be informed about the confirmation on telephone are previously selected. All others will have to attend their interview in person at the local IRCC office. Whether or not this program will become a permanent procedure depends on its success.

Reporting an Immigration Fraud

If you have even an iota of doubt on the identity of a caller claiming to be from IRCC, do not divulge any personal details and do not make any fund transfers. Call immediately the Border Tip Line or Canada’s Anti-Fraud Center. You can find the contact toll-free numbers from IRCC website. Canada is determined to keep its nationals, permanent citizens and temporary residents safe and secure and ensures that such frauds are instantly reported, and fraudsters convicted.

Special Instructions for International Students

A lot of times, it has been seen that the international students/non-Canadian foreign workers or people on temporary work permits become a victim of various scams while in Canada. A lot of times, people have contacted the IRCC to report that they were being threatened with deportation or arrest by some people claiming to be from the IRCC. Under such traumatic circumstances, they have also reported of complying with the callers demands and transferring funds to them. All those coming to Canada under work permits and study permits are advised to remain vary of such callers. They should constantly keep checking the IRCC website for latest information. The IRCC website mentions it very categorically that it does not demand any funds transfer on phone, mails or letters. The concerned people must first verify the identity of the callers before making any such contact with them. Such people must be careful while choosing a legal representative for immigration. One must always choose Lexlords with experience and acumen to assist you with all kinds of applications.

Right to Canadian Citizenship

New immigrants to Canada are eligible to become Canadian citizens. Though citizenship is natural, it can also be acquired by those wanting to live in Canada as its rightful citizens. The Canadian Citizenship Act represents Canadian citizens, defines their rights and duties, and formulates all procedures and provisions under the Act. Some of the ways in which you become a naturalized citizen are-

Citizenship by Birth: If you do not have a Canadian passport, citizenship card or certificate but were born in Canada, you have the right to become Canadian citizen. For this, you would need verifiable documents to support your claim and prove that you were born in Canada. These documents include your provincial or territorial birth certificate that will establish the place of your birth. If you own these required documents, the process for applying for Canadian citizenship becomes a very easy and smooth.: In cases where someone does not have a birth certificate, there are a few other documents that can establish their right to Canadian citizenship. Anyone who is born in Canada even to foreign parents, barring foreign diplomats, has the right to Canadian Citizenship as per the Canadian immigration law.

Citizenship by Descent: You can apply for Canadian citizenship without first becoming a permanent resident in Canada even if you are born outside Canada to Canadian parent(s). As per the new law, citizenship by descent is permitted to only one generation born outside of Canada. This provision applies to anyone who was born in Canada, or given a citizenship status, before 1 January 1947 but stopped being a British subject and did not yet become a citizen on that date. This rule would differ for different provinces and territories. For instance, for Newfoundlanders and Labradorians the applicable date is 1 April 1949 as this was when the two provinces joined Canadian territories. This would also apply to British subjects who are living in Canada on 1 January 1947 but for some reason could not acquire their citizenship at that time. The dates again differ for provinces like Newfoundland and Labrador. The right of Canadian Citizenship also extends to adopted children under the above-mentioned circumstances. However, the procedure can get extremely complicated and lengthy. Children born outside Canada and adopted by Canadian parent(s) are not eligible in situations such as mentioned below-

  1. If their adoptive parent(s) was born outside Canada to Canadian parents.
  2. Their adoptive parent(s) obtained citizenship on the basis of adoption from a Canadian.

Evidently, there are some restraints for rights of citizenship granted to adopted children but they can still become naturalized citizens. Even when the adopted children do not meet the requirements of Canadian citizenship, they can be sponsored by their adoptive parents so that they may first become permanent citizens and later obtain for citizenship by naturalization. Children who are born to Canadian parent or to parents who were naturalized citizens, also automatically have the right to Canadian citizenship.

Myths about Canadian Citizenship: There are many false marriages and relationships forged for the sake of permanent residency and citizenship. Canadian immigration law is framed to discourage any form of dishonesty and malpractice. You cannot become a naturalized Canadian citizen if you marry a Canadian or on having lived in Canada for a long time. However, you can always apply for citizenship after becoming a permanent resident and fulfilling the eligibility criteria. In cases where a person has renounced citizenship earlier, he/she will have to become a permanent resident first and meet the eligibility criteria to become a Canadian citizen.

Citizenship Revocation: A naturalized Canadian citizen is under the threat of getting their citizenship revoked if they are found to be inadmissible in Canada on a number of accounts. Your citizenship can be revoked if you are proved to be a potential threat to the national security of Canada, or if you are found guilty of dishonesty, fraud, concealment of facts or deception in filing the application form. Citizenship revocation is a matter of grave concern with far-reaching consequences. Revocation orders mean that the person will have to leave the country within a stipulated time-period and will no longer hold permanent residency of Canada. With the latest changes in place, your documents can be seized by the immigration officers if you are suspected of giving false personal information and/or submitting fake documents to procure the passport. Any concealment or misrepresentation of facts is a serious offence. Also, if the permanent resident or the Canadian citizen is found involved in illegal activities, criminal offense, or terrorist activities, or it is found that the passport is being used by someone not the original passport holder it will lead to passport revocation. All these offenses are serious offenses by the Canadian government and the Immigration, Refugees and Citizenship (IRCC) is fully authorized to order the removal of the convicted person from Canada. Additionally, as per the latest changes in immigration laws, if an individual has citizenship of Canada and a Citizenship of another country, he/she will not lose his/her Canadian citizenship on being found guilty of treason, terrorism, espionage or in possession of arsenal. Rather, dual citizens might not face the threat of revocation at all but will be subjected to prosecution in Canada for their criminal offenses just like any other Canadian national. The final verdict on all revocation of Citizenship cases rests with the Federal Court. Individuals facing revocation can make an appeal in the court or to the Appeal Division for re-assessment of their case.

The International Experience Canada Program and Its Eligibility Requirements

International Experience Canada (IEC) is a program wherein you can apply for work permits under three broad categories –

  • Working Holiday
  • Young Professionals
  • 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.

  1. Age – An applicant must be roughly between 18-30 (18-35 for some countries).
  2. Valid Passport – An applicant must have a valid passport to travel abroad.
  3. Financial Stability – An applicant must be able to demonstrate that they are financially independent and would not become a burden for Canada.
  4. Health Insurance – An applicant is required to obtain a health insurance before he/she travel to Canada which must be valid for the full duration of the applicant’s stay in Canada.
  5. Admissibility Checks – There are various admissibility checks overseen by various departments of Canada like the CBSA and ESDC. You must be found admissible by each of these designed authorities.

The process (IEC): The first thing you do is to create an online profile and provide your personal and background information. Submitting an online profile does not get you a work permit. For that purpose, you need an invitation to apply for a work permit application. So when you submit your online information, you are assessed along with many other applications for your eligibility. If there is a requirement and you are found apt, you will receive an Invitation to Apply for the work permit. In case you fail to receive an Invitation to Apply, then you must provide verifiable documents to the IRCC to support the information you stated in your profile. Any additional information on your education, work experience, training and language ability might also be required.

Canada’s Start Up Program for Aspiring Entrepreneur: The Entrepreneur Start up Visa category under Business Immigration to Canada Program allows an applicant to immigrate to Canada as a permanent resident. This program is specially designed to guide, support and give assistance to aspiring entrepreneurial applicants for establishing their business in Canada. The applicants must fulfil the minimum eligibility criteria in order to benefit from this provision. Initially, Canada floated the Start-Up Visa Program as a five-year plan to analyse the success of the program among the entrepreneurs looking for new opportunities for business expansion and re-settlement in Canada. This program targeted skilled foreign entrepreneurs who had the potential to foster Canadian economy and contribute to the growing global reputation of Canada.  It also aimed at giving boost to those businesses that would train Canadian nationals in acquiring new skills and provide them with employment opportunities. Despite its slow start, the program soon gained attention of the foreign investors wanting to settle in Canada permanently, and was therefore, established in 2017 as a permanent program.

Eligibility Criteria: There are four parameters to assess the eligibility of an entrepreneur wanting to settle in Canada –

    1. Business Supported by a Designated Organization: Designated organizations are government-approved bodies authorised by the Canadian government to invest in and support new businesses and start-ups. There are 3 kinds organizations each for a different kind of trade – venture capital funds, angel investor groups and business incubators. Under this, the applicant is required to obtain a letter of support from a designated organization in Canada that guarantees continuous interest and investment in the applicant’s business. The applicant must then co-ordinate with a business group which has shown interest in the proposed business idea and is ready to take it further in a formal manner. With that done, the designated organization will also have to provide a Certificate of Commitment to Citizenship and Immigration Canada (CIC) along with a summary of the commitment, and the terms and conditions of the deal. An application without a letter of support will be rejected. Each designated organization had a unique set of requirements and procedures which must understood before making an application.
    2. Meet the Requirements of Business Ownership: The applicant must show a minimum investment – as mentioned in the latest guidelines issued by the Canadian immigration office – solicited from a designated organization capital fund or from a designated angel investor group. As per the program, there can be up to five owners of one business. Each owner applying under the program must have at least 10% voting rights. All clients applying together must hold at least 50% of the voting rights.
    3. Language Proficiency in either English or French:The applicant must meet the minimum level of language proficiency in either English or French determined as per the Canadian Language Benchmark (CLB) in all 4 skills including reading, writing, listening and speaking. An applicant can take the language test multiple times as required to get the desired result which is 5 in either language. The test must be taken from an authorised agency such as the IELTS or the CELPIP.
    4. Financial Stability: The applicant must be able to demonstrate his/her settlement funds right at the time of applying. This is done to ensure that the applicant is in the financial position to settle in Canada as a permanent resident. The minimum settlement fund requirement is subject to change from the Canadian government and must be checked when making settlement plans. The minimum settlement funds are also based on the number of accompanying family members of the principle applicant. You would need to ensure that the funds in your name are transferable, in liquid form, and that there is no outstanding debt in your name disabling you from using the funds. Apart from these qualifications, the applicant should be able to furnish a full authorized record that validates his/her medical fitness and also establishes that he/she does not have any criminal record. A thorough investigation of an applicant’s background record will be made to  confirm the safety and security of Canadian nationals.

Temporary Foreign Worker Program

The Canadian temporary foreign workers program allows skilled workers across various specified trades to become permanent residents of Canada. This program was initiated in order to acknowledge and honour those engaged in diverse skilled trade occupation and who can benefit from an exclusive program.  The applications are assessed in order to determine the applicant’s training, skills and ability to remain financially independent in Canada.

The program is managed, regulated and monitored by the immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC). The designated institutions ensure that those nominated and selected qualify under the program. They also ensure that foreign workers are permitted to immigrate to Canada only if there are labour market shortages reported. This is done to protect employment opportunities of Canadian nationals and permanent citizens in Canada. The immigration laws of Canada have recently become severe so that the interests of the larger community in Canada can be protected. The rules to qualify under the Temporary Workers Program, therefore, have become severer. A rigorous system has been out into place to ensure that only qualified people are permitted to immigrate to Canada under this program. Any kind of non-compliance with the rules on the part of the employer or employee meet with harsh penalties.

Temporary Foreign Worker Program (TFWP) is a fast track entry system under which work permits are issues based on the LMIAs (Labour Market Impact Assessment) that are granted by ESDC. ESDC has the full authority to monitor and regulate the process and decisions made under this program. Under this, the employer must be able to prove that no other Canadian or a permanent resident could suffice for the job requisites.

The issuance of the LMIA that is positive or neutral rests on the following factors –

  • If the employment of the foreign national will economically benefit Canada and generate further employment opportunities for Canadian nationals.
  • If the employment of the foreign national will address an existing labour shortage in Canada.
  • If the wages offered to the foreign national are consistent with prevailing Canadian standards of wages.
  • If the work culture is positive and non-discriminatory for the foreign national.
  • If the employer has made enough efforts to hire a Canadian national.

In the second procedure, i.e., the IMP (International Mobility Program), work permits do not require an LMIA. This includes work permits under the mentioned categories – spousal, post-graduation, intra-company transfers, global work permits for youth, NAFTA and other free trade agreements, and many more. If both an employee and the employer meet certain eligibility standards, they will be eligible to apply under this program successfully.

Applicants applying for the federal Skilled Workers Program must establish that they meet the minimum requirements to qualify for this visa for getting permanent residency in Canada. They must do so by submitting proper proofs along with various required documents to validate their claims. Minimum requirements for this visa include proper work experience, age, education, language ability and adaptability.

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 giving the job offer must be permanently settled in Canada and directly engaged in business.
  • The employee recruited must fulfil the job requirements of the job offered with the right educational qualification and work experience.
  • If the employer must have shown 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 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.

Employers who are found guilty of non-compliance for a violation committed before 1 December 2015 could be subjected to –

  1. A 2-year ban from using Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP).
  2. The publishing of the employer’s name, address, and ineligibility duration on the official website of IRCC.
  3. A non-favourable LMIA on pending applications, if any.
  4. A revocation or cancellation of LMIA issued earlier.

Employers who are found guilty of non-compliance for a violation committed on or after 1 December 2015 could be subjected to –

  1. A warning letter issued by ESDC or SC.
  2. Monetary penalties per employee.
  3. A ban of two or more years, or even a permanent one in cases of serious violations.
  4. The publishing of their name and address and ineligibility duration on the official website of IRCC.
  5. A non-favourable LMIA on pending applications, if any.
  6. A revocation or cancellation of LMIA issued earlier.

Since the Employer Compliance procedure underwent some changes in 2013, there are different inspection procedures and penalties. The penalty is based on the assessment of the violation and its severity. In cases where a violation is committed prior to 1 December 2015, employers are banned for 2 years from accessing International Mobility Program (IMP) and Employment and Social Development Canada’s Temporary Foreign Worker Program. For offences committed on or after 1 December 2015, the employers receive a warning letter, a penalty, and restraint from accessing the International Mobility Program (IMP) and TFW for almost 2 years. In extreme cases, there can be a revocation of work permits for the foreign nationals working for the employer.

How to qualify Language Proficiency Test?

Anyone applying for Canadian citizenship is required by Citizenship and Immigration Canada to prove their proficiency in either English or French. This is to ensure that as a Canadian citizen you are able to communicate successfully with other and get integrated in Canadian society. Language skills are also a key factor when applying for jobs in Canada.

Applicants must submit the exam results from either of the below two tests:

  1. Test d’Evaluation de Français (TEF) – for French
  2. International English Language Testing System (IELTS)– for English
  3. CELPIP (Canadian English Language proficiency Index Program)– for English

The tests evaluate you on your language abilities in reading, writing, listening and speaking skills. To get the points for your Canadian Citizenship application, you must score equal or above the threshold in listening, writing, reading, speaking. The points calculation are decided by a bench-marking scale called Canadian Language Benchmark (CLB) and is regarded a threshold to qualify for any points for reach of the 4 sub skills is CLB level 7,also described as “adequate intermediate proficiency”.

It is best to take training from an authorized teacher on a regular basis to practice each of these skills. The classes can be online, in-person, or you may also consult some material available in books and online sites to get continuous practice. It is best to recognize your weak areas and concentrate especially on those.

You can also work in group where you can speak to your peers who are also interested in the same goals, and thus ensure that you understand the functional uses of language learning as well. Peer practise also gives you a fair chance to review your pronunciation, use and verbal ability to express yourself satisfactorily.

You can also watch news regularly, read the newspaper or listen to music in order to make the language acquiring process an involuntary one. This makes you more comfortable and familiar with the targeted language so that you begin to think and feel in it.

These days, there are many digital applications where you practice your language skills. These apps teach you from the basic sign adaptation to intricate sentence formation.

The only way to acquire proficiency in a second language is to practice it. One needs to make the language a part of their direct and indirect learning process. Speak and write in the targeted language as much as you can and create a positive environment around yourself that facilities that language gaining process.

Residency Questionnaire Before Applying for Canadian Citizenship

An applicant is required to answer the residency questionnaire before applying for Canadian Citizenship. This is to ensure that the application given by the applicant is honest, truthful and reliable. The applicants are required to fill the questionnaire and attach verifiable documents to demonstrate that the applicant fulfills the eligibility criteria. The questionnaire that you are required to fill before your Canadian citizenship can get tricky and complicated. There is no room of error in this kind of application as whatever you state in writing will be taken as your final word. Any inaccuracy, error, or inconsistency will be reviewed with adverse consequences on your eligibility. It is best to consult an immigration firm to ensure that you make no such error and also to smoothen the whole process.

English proficiency for Canadian Citizenship

Applicants for Canadian citizenship must be able to demonstrate their language proficiency in either English or French. There are some designated tests that applicants are supposed to take and submit their results along with the other documents for Citizenship. The Citizenship and Immigration Canada has given a detailed list of documents needed to demonstrate your language skills in either English or French.

Tests required to be taken can be either of the following-

  1. Test d’Evaluation de Français (TEF) – for French
  2. International English Language Testing System (IELTS)– for English
  3. CELPIP – to measure language proficiency in English

Other Documents –

  1. Any verifiable proof, certificate or document of secondary education.
  2. Any verifiable proof, certificate or document of post-secondary education.
  3. The points calculation are decided by a benchmarking scale called Canadian Language Benchmark (CLB) and is regarded a threshold to qualify for any points for reach of the 4 sub skills is CLB level 7,also described as “adequate intermediate proficiency”. You will need a documental proof of the same.

Citizenship Revocation Rules

Revocation of Canadian Citizenship can happen for a number of factors that prove that you are either a potential threat to the national security of Canada, or if you are found guilty of dishonesty, fraud, concealment of facts or deception in filing the application form. Citizenship revocation is a matter of grave concern with far-reaching consequences. Revocation orders mean that the person will have to leave the country within a stipulated time period and will no longer hold permanent residency of Canada.

An individual’s passport can be revoked for several reasons by the Minister of Immigration, Refugees and Citizenship (IRCC). The passport can be revoked on giving false personal information and/or submitting fake documents to procure the passport. Any concealment or misrepresentation of facts is a serious offence. Also, if the permanent resident or the Canadian citizen is found involved in illegal activities, criminal offence, or terrorist activities, or it is found that the passport is being used by someone not the original passport holder it will lead to passport revocation. All these offences are serious offences by the Canadian government and the Immigration, Refugees and Citizenship has full authority to order the removal of the convicted person from Canada in view of national security.

Additionally, if an individual holds citizenship of Canada along with the Citizenship of another country, he/she will not lose his/her Canadian citizenship if they are found guilty of treason, terrorism, espionage or in possession of arsenal. On the other hand, dual citizens might not face revocation but can be subjected to prosecution in Canada for their criminal offences just like any other Canadian national.

All decisions on revocation of Citizenship lie with the Federal Court. People facing revocation can make an appeal in the court or to the Appeal Division.

Every individual gets a fair opportunity to appeal against the revocation decision within stipulated time. It is very important that you know the procedure and the legalities of the process if you are facing revocation. It is advised that you consult an experienced and dedicated law firm to advise you on the matter. It is imperative to realise that even the minutest error in the application, appeal or documents submitted can lead to unfavourable results. The Canadian law is complicated to comprehend for any foreign national and keeps changing with time and situation of the country. Our best advice is to consult a law firm that can make legal matters comprehensible for you and also help you in framing answers to significant queries of the immigration officers.