Category: How-To Guides

Title: How to Understand the Point-Based System Under Canadian Immigration Law

Introduction:

The Canadian Immigration Law uses a point-based system known as the Comprehensive Ranking System, or CRS, to evaluate and rank skilled immigrants who want to live and work in Canada. It is part of the Express Entry system, which is a fast-track method for immigration. This guide will help you understand how this system works.

Steps:

1. Understand the Basics of the Immigration System:

The first step to understanding the point-based system of Canadian immigration is to familiarize yourself with its basic concept. It’s fundamentally a selection process where applicants are evaluated and awarded points based on various factors.

2. Know the Factors Affecting Points:

The factors that impact your ranking or points include language proficiency (English and French), education level, work experience, age, Canadian employment offers, and other factors that would establish your ability to adapt to life in Canada.

3. Check Language Proficiency Grading:

Points are awarded on language competency in either English or French. The higher your proficiency in these languages, the more points you are awarded. Understand how points are awarded by using the Canadian Language Benchmark (CLB) for English and the Niveaux de compétence linguistique canadiens (NCLC) for French.

4. Know the Importance of Education:

Canada values education; therefore, having a higher education degree can earn you more points. Even if your education was outside Canada, you could get Education Credential Assessment (ECA) from a designated organization.

5. Evaluate Work Experience:

Your total years of work experience can improve your CRS score. Understand how points are awarded according to years and type of work experience.

6. Understand Additional Factors:

There are other factors that can contribute to your point accumulation, such as having a spouse or family members living in Canada, an arranged employment offer from a Canadian employer, Canadian educational experience, etc.

7. Calculate Your Points:

Once you understand each factor that contributes to your CRS score, you should calculate your points. There are online tools available to help you calculate your points.

8. Regularly Check the Express Entry Draw:

The Canadian Government conducts an Express Entry draw typically every two weeks. In this draw, a cutoff score is determined. Those who meet or exceed the cutoff score are invited to apply for Permanent Residency.

9. Improve Your Score:

If you want to increase your points, you should look at the areas in which you can improve, such as language proficiency or getting a higher education degree.

10. Consult with Immigration Experts:

If you are having trouble understanding the point-based system or how to improve your points, it may be beneficial to consult with an immigration expert or lawyer for guidance.

Understanding the Canadian immigration point-based system could be overwhelming at first but, with the right information and preparation, it becomes easier to navigate. Remember, the higher your score in the point-based system, the better your chances of successfully immigrating to Canada.

How-To Guide on Navigating Section 38 of the Canadian Immigration and Refugee Protection Act: Medical Inadmissibility Rules

Navigating immigration laws can be a daunting task. Particularly, Section 38 of the Canadian Immigration and Refugee Protection Act, which pertains to medical inadmissibility, can be quite complex. This guide provides step-by-step instructions to help you successfully navigate through this section.

Step 1: Understand the Basis of Section 38

This section is centered around “excessive demand on health or social services”. Essentially, people are considered inadmissible to Canada if their health condition might cause an excessive demand on public health or social services.

Step 2: Familiarize Yourself with the Exceptions

Understand that refugees, their dependents, or family members are typically exempted from medical inadmissibility rules.

Step 3: Identify What Constitutes an ‘Excessive Demand’

This refers to potential demands on health services that may exceed the average Canadian per capita health services over a projected period of five years.

Step 4: Learn How Medical Examinations Work

All applications for permanent residency must undergo a medical exam. However, this exam can also be requested from temporary residents. The medical examination includes a physical examination, chest x-rays, and blood tests.

Step 5: Gather All Medical Records

Be prepared to provide comprehensive medical records, including previous diagnoses, treatments, and prognosis from your home country.

Step 6: Understand Possible Outcomes

Immigration officers will evaluate your medical condition, anticipated treatment costs and whether these would impact negatively on Canadian health or social services.

Step 7: Prepare for a Fairness Letter

If your application is likely to be refused due to medical admissibility, you will receive a procedural fairness letter. This allows you to respond and provide any additional evidence or arguments before final decision.

Step 8: Crafting Your Response

You must demonstrate that your demand is not excessive, or that you have a detailed payment plan, demonstrating your health condition will not be a burden on Canadian Health services.

Step 9: Explore the Humanitarian and Compassionate Grounds

If you believe that being denied entry to Canada would result in unusual and undeserved hardships, you may apply for an exception on Humanitarian and Compassionate grounds.

Step 10: Seek Legal Advice

Finally, this process can be quite intricate. It’s wise to seek advice from an immigration lawyer who specializes in medical inadmissibility. They can guide you and potentially increase your chances of success.

Remember that each case is unique, and outcomes can vary based on a host of factors. Therefore, it’s crucial to fully understand the process and rules and consider seeking expert advice when navigating Section 38 of the Canadian Immigration and Refugee Protection Act.

Step 1: Understanding Section 40 of the Immigration and Refugee Protection Act (IRPA)

Before getting into the direct impact of Section 40, it’s crucial to understand what it entails. Section 40 of the IRPA deals with misrepresentation and its consequences on the immigration process in Canada. Misrepresentation may include providing false information knowingly or unknowingly or withholding essential information during an immigration procedure.

Step 2: Know What Constitutes Misrepresentation

Misrepresentation in immigration procedures includes direct or indirect false claims about one’s situation for gaining an unfair advantage. It could also include withholding essential information deliberately. Misrepresentation can apply to any elements related to an individual’s immigration status, like marital status, dependents, medical history, criminal records, and more.

Step 3: Understand the Consequences of Misrepresentation

The IRPA Section 40 states that a person is inadmissible to Canada for directly or indirectly misrepresenting or withholding material facts related to a relevant matter. Admissibility here means the eligibility to enter or stay in Canada. Thus, if you have misrepresented any facts, you could potentially be barred from entering or even deported from Canada.

Step 4: Recognize the Length of Inadmissibility

Once someone is deemed inadmissible due to misrepresentation, they remain so for five years from the final determination, as per Section 40(2) of the IRPA. This determination could include removal orders or refusal of applications for permanent residence.

Step 5: Understand the Impact on Different Categories

Section 40 applies to all individuals irrespective of their category. It could be refugees, workers, students, visitors, or permanent residents. The section does not discriminate based on the type of application; it applies across the board.

Step 6: Learn About Exceptions

There are exceptions listed in Section 40(3) and (4) where misrepresentation does not lead to inadmissibility. If the misrepresented information is not related to the person’s eligibility, it will not result in inadmissibility. Additionally, refugees misrepresenting their identity to escape persecution will not be considered inadmissible.

Step 7: Seek Legal Advice

If you find yourself affected by Section 40 or have concerns about it, it is advisable to seek legal advice. Immigration lawyers can guide you on the best course of action to take depending on your circumstances.

Step 8: Stay Informed and Keep Up-to-Date

Laws and regulations can change over time. It’s essential to stay informed about amendments to laws, new precedents set by courts, and updates issued by immigration authorities to understand the potential impacts on your immigration status.

Ultimately, the best way to avoid the negative impacts of Section 40 of the IRPA is to be truthful and transparent in all your dealings with Canadian immigration authorities. Keep all your information up-to-date and promptly report any changes to your situation. A clear understanding of Section 40 and its impacts will help avoid unnecessary legal complications in your journey to becoming a Canadian resident or citizen.

Title: How to Understand the Express Entry System in Canadian Immigration Law

Step 1: Familiarize Yourself with the Basics

Start by developing a basic understanding of what the Express Entry System is. It’s an online immigration application system, used by Canadian Immigration authorities (IRCC) to manage applications for permanent residence. It provides the most straightforward and fastest route for skilled workers to settle in Canada.

Step 2: Know the Eligibility Requirements

To qualify, you must meet the minimum requirements as a:

– Federal Skilled Worker

– Federal Skilled Trades Worker

– Canadian Experience Class candidate

– A part of the Provincial Nominee Program

You also need to pass health and criminal record checks.

Step 3: Understand the Point System

Points are awarded based on criteria such as age, education, work experience, language proficiency in English or French, and other factors. You need to secure as many points as possible to improve your chances of being invited to apply for permanent residence.

Step 4: Assess yourself using the CRS Calculator

Use the Comprehensive Ranking System (CRS) tool, an essential part of the Express Entry immigration system, which ranks eligible candidates based on score. The higher the score, the more likely you are to receive an invitation to apply (ITA).

Step 5: Create an Express Entry Profile

Once you’re eligible, create an online profile that includes your skills, work experience, language ability, education, and other details. This profile will determine if you’re among those invited to apply for permanent residency.

Step 6: Submit Your Profile and Wait for an Invitation

After completing your profile, submit it into the Express Entry pool. The Canadian government conducts Express Entry draws approximately every two weeks and the highest-ranking candidates in the pool are issued ITAs.

Step 7: Apply for Permanent Residence

If you receive an ITA, you will have 60 days to submit your complete application for permanent residency. Ensure all your documents are ready and submit it within the given timeframe.

Step 8: Stay Updated

Immigration rules change frequently, and so do the minimum scores. You might need to improve your scores or wait for the cut-off scores to shrink.

Step 9: Consult an Immigration Expert

The Express Entry system can be complex, especially when determining the best path for you. An immigration lawyer or a consultant can offer valuable advice, pointing out potential challenges and opportunities.

Remember, this guide only provides a basic understanding of the Express Entry system. It’s recommended that you conduct thorough research or seek professional advice to ensure you are fully prepared and understand the process completely.

Title: How-To Guide: Navigating Canada’s Express Entry Immigration System

Step 1: Understanding Express Entry

Express Entry is an online immigration application system by the Canadian government that allows people from all over the world to apply for immigration to Canada. It manages applications for three economic immigration programs: Federal Skilled Worker Program, Federal Skilled Trades Program, and Canadian Experience Class. Before starting your application, familiarize yourself with the different programs to identify which one you’re eligible for.

Step 2: Determine Your Eligibility

Check your eligibility based on the program requirements. This includes various factors like age, language proficiency, education, work experience and more. Remember, each program under Express Entry has separate eligibility criteria. Using the online Come to Canada tool can help you determine your eligibility.

Step 3: Prepare Your Documents

Collect all required documents ahead of time. These could include passport or travel documents, language test results (IELTS, CELPIP, TEF), Educational Credential Assessment (ECA) report if you were educated outside Canada, and other relevant documents.

Step 4: Submit Your Profile

Create your Express Entry profile online. This is where you provide information about your skills, work experience, language ability, education and other details needed for assessment. Once you submit your profile and meet the Express Entry criteria, you’ll enter the Express Entry pool.

Step 5: Get Your CRS Score

Within the Express Entry pool, you’ll be ranked using a points-based system known as the Comprehensive Ranking System (CRS). The CRS will provide points for factors like age, education, language proficiency, work experience in Canada, and others.

Step 6: Receive an ITA

If you score high enough in the CRS score ranking, you may receive an Invitation to Apply (ITA) for permanent residency. The Canadian government conducts regular draws from the pool of candidates and invites the highest-ranking ones to apply.

Step 7: Apply for Permanent Residency

On receiving an ITA, you can submit your application for permanent residency. You will have 60 days to submit a complete application. This application will require more in-depth personal information, and you will also have to submit your collected documents.

Step 8: Complete a Medical Exam and Police Check

Applicants must undergo a medical examination by a panel physician approved by Immigration, Refugees, and Citizenship Canada (IRCC). A police clearance certificate is also necessary to prove that you are admissible to Canada.

Step 9: Pay the Fees

There will be application fees that you need to pay electronically. The cost varies depending on the type of application and the number of family members included in your application.

Step 10: Wait for Your Application to be Processed

Once you’ve submitted everything, it is just a matter of waiting. Processing time varies but typically takes about six months.

Step 11: Plan Your Arrival

If your application is approved, you will receive a Confirmation of Permanent Residence (COPR) and a visa (if you are from countries that require it). Plan your move, ensuring you arrive before your COPR expires.

Remember each experience is unique, and applications are evaluated on a case-by-case basis. It’s always wise to consult with an immigration expert or lawyer if you have any doubts or specific situations the guide doesn’t cover.

Title: How to Apply for a Temporary Work Permit under Canadian Immigration Law

Step 1: Determine Eligibility

First and foremost, check if you are eligible to apply for a temporary work permit in Canada. Generally, you must prove that you will leave Canada when your permit expires, show that you have enough money to take care of yourself and your family members during your stay in Canada and to return home, not plan to work for an ineligible employer, and have no criminal record. Make sure you meet these standards before proceeding.

Step 2: Gather Necessary Documents

You will need several documents to apply, including proof of your job offer in Canada, proof of identity (a valid passport or travel document), and two recent passport-style photos. Depending on the nature of the job, you may need additional documents like a copy of your resume, certificates or licenses related to your profession.

Step 3: Check the Labour Market Impact Assessment (LMIA)

Your Canadian employer may need to get a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC). This is to ensure that there is a need for a foreign worker to fill the job and that no Canadian worker is available to do it.

Step 4: Fill out the Application Form

Download the application form for a work permit (IMM 1295) from the official website of Immigration, Refugees and Citizenship Canada (IRCC). Fill out the form accurately and completely.

Step 5: Pay Application Fees

You will need to pay fees for your work permit application and for biometrics. You can pay your fees online through a credit card or a Canadian bank account.

Step 6: Submit Application

Submit your application online or by mail, depending on what is specified in the application guide. If you’re applying online, create an account on the IRCC website, upload your completed application form and all supporting documents, pay your fees, and submit your application.

Step 7: Wait for Processing

Wait for the processing of your application. The processing time varies depending on the type of work you will be doing and where you are applying from. You can check the status of your application online through your account on the IRCC website.

Step 8: Provide Additional Information or Documents

You might be called for an interview or asked to provide additional documents or information. If this happens, follow the directions given and provide everything that is asked for as quickly as possible.

Step 9: Receive Decision

If your application is approved, you will receive a letter of introduction confirming the approval. This isn’t your work permit but you will need to show this letter to an immigration official when you arrive in Canada.

Step 10: Obtain Your Work Permit

When you arrive in Canada, you must present the letter of introduction, your valid passport or travel document, and your temporary visa (if required) to the Canada Border Services Agency (CBSA). If everything is in order, you will receive your work permit and can begin working in Canada.

Remember, applying for a work permit is a legal process and it’s essential that all information is accurate and truthful. If you have doubts or need further explanation about any part of the process, consider consulting with a legal professional specializing in immigration law.

Title: How to Apply for Permanent Residency under Canadian Immigration Law

Step 1: Determine Your Eligibility

Before applying, it’s crucial to determine whether you’re eligible. Canada offers several different immigration programs, and the criteria for each can vary. Check Canada’s official government website and take the eligibility test to see which programs you qualify for.

Step 2: Understand the Immigration Programs

Canada has multiple immigration programs such as Federal Skilled Workers Program, Federal Skilled Trades Program, Provincial Nominee Program, Business Immigration Program etc. Based on your eligibility, choose the most suitable one.

Step 3: Prepare Necessary Documents

Every program requires certain documents to accompany your application. These may include a valid passport, proof of language proficiency (IELTS, TOEFL etc.), educational credential assessment, proof of work experience, and financial documents among others.

Step 4: Complete and Submit the Application

Once you’ve collected all your documents, you can begin completing your application. Most immigration applications can be done online through the Canadian Government’s official website or through mail. Ensure all information provided is accurate to avoid delays or rejections.

Step 5: Express Entry Profile

For certain programs like the Federal Skilled Workers Program, you need to fill out an Express Entry profile. This is an online system that manages applications for permanent residence from skilled workers. Ensure all information provided in your profile is accurate.

Step 6: Pay Application Fees

After filling out the application form, you need to pay the required fees which may include processing fees, right of permanent residence fees, and biometric fees. These fees can be paid online.

Step 7: Wait for Invitation to Apply (ITA)

After submitting your express entry profile, you will enter a pool with other applicants. You will then be ranked according to the Comprehensive Ranking System (CRS) based on your skills, education, language ability and experience. If you score high enough, you will receive an Invitation to Apply (ITA).

Step 8: Medical Exams and Police Checks

You must get a medical exam by doctors approved by Immigration Canada and a police check. These are meant to ensure that you do not pose security risks and are in good health.

Step 9: Preparing for Arrival

Once your application is approved, you will receive a Confirmation of Permanent Residence (COPR) and a permanent resident visa (if you’re from a country that requires visas). Before coming to Canada, ensure that you have a valid passport and that all your documents are in order.

Step 10: Arrival in Canada

On arrival in Canada, you will meet with immigration officials who will examine your documents, after which you will be granted your Permanent Residence status.

Remember that application process time may vary depending on the type of program you choose, the time it takes for the government to process applications, and whether or not your information is complete or correct.

Stay patient throughout the process and consult with an immigration professional if necessary.