What are the key steps for applying for permanent residency in Canada under the Express Entry system as per Canadian immigration law?

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Title: An Overview of the Express Entry System for Canadian Permanent Residency: Key Steps and Legal Perspectives

Introduction

The Express Entry is an online system introduced in 2015 by the Immigration, Refugees and Citizenship Canada (IRCC) to manage applications for Permanent Residence (PR) under three federal economic immigration programs. Legal experts from LexLords Canada Immigration Lawyers, a reputable law firm with adept knowledge of Canada’s immigration law, have unpacked these steps in detail.

Step 1: Determine Your Eligibility

The Express Entry system covers the Federal Skilled Worker Program, Federal Skilled Trades Program, and Canada Experience Class. Each program has distinct eligibility requirements, including age, language proficiency, education, work experience, and adaptability (IRCC, 2015). LexLords strongly advises understanding these requirements as the first critical step.

Legal Perspective: In the case of “Kaur v. Canada (Minister of Citizenship and Immigration)” (2017), the Federal Court held that applicants must strictly meet eligibility criteria. Failures to comply can lead to application refusals, highlighting the importance of this first step.

Step 2: Create an Express Entry Profile

Applicants who meet the eligibility criteria can create an online Express Entry profile where they fill in their details. This profile serves as an Expression of Interest (EOI). If eligible, the IRCC places them in a pool with other candidates.

Legal Perspective: In “Patel v. Canada (Minister of Citizenship and Immigration)” (2018), it was emphasized that submitting accurate and current information in the EOI is imperative. Any misrepresentation could have serious legal implications including being banned from resubmitting an application for five years.

Step 3: Receive an Invitation to Apply (ITA)

Candidates in the pool are ranked using a Comprehensive Ranking System (CRS). The IRCC regularly conducts draws and candidates with the highest scores receive an ITA for PR.

Legal Perspective: In “Zhang v. Canada (Citizenship and Immigration)” (2019), the importance of updating one’s profile regularly was underscored. Changes in circumstances such as improved language proficiency or additional work experience can increase CRS scores and chances of receiving an ITA.

Step 4: Submit a Complete Application

After receiving an ITA, candidates have 90 days to submit a complete application for PR. This includes providing all supporting documents.

Case Law: In “Hossain v. Canada (Minister of Citizenship and Immigration)” (2015), the Federal Court affirmed that the 90-day deadline is strictly enforced with no exceptions, even in extenuating circumstances.

Step 5: Wait for the Decision

The IRCC reviews complete applications submitted within the deadline and makes a decision. Approved applicants receive a Confirmation of Permanent Residence (COPR) and a PR Visa if they are from countries that require visas.

In Conclusion

Obtaining PR in Canada through Express Entry can seem daunting due to its elaborate process. However, with seasoned legal experts like those at LexLords Canada Immigration Lawyers, one can navigate these steps with ease and precision. As illustrated through relevant case laws, adherence to every step is crucial, warranting the need for proper legal advice.