Immigration Law
Canada is one of the most attractive places in the world to live
in - Canada is beautiful, enormous, full of opportunity and
remarkably tranquil for an industrialized, first world nation. The fact
is Canada has always been a favourite destination for people seeking a
better life for themselves and their loved ones. As a result, Canada
receives many thousands of temporary and permanent immigration
applications each year. Sorting through all these applications and
picking out the applicants that stand out from the crowd is no easy
task. As a result, if you are serious
about applying to Canada - for work, study, vacation, or immigration -
you should consider seeking professional guidance on application
strategies as well as assistance with the preparation of your
application.
In my Immigration Law practice, the value of my services can be divided into two primary areas:
1) Advising You on Strategy
2) Preparing the Best Application Possible
1) Advising You on Strategy
The first area of focus involves advising you
on strategy - primarily in terms of application options. For those
looking to immigrate to Canada, there are a number of
options available to immigrants:
- Skilled Worker Class: This option involves reviewing and scoring your educational and work
experience (as well as language
abilities and other smaller factors). If you have enough points
to pass the test, you are eligible to apply under this category.
- Business Class: This option involves reviewing your business experience and requiring you
to present plans for a business
in Canada. If you agree to finance, set up and run the
business in Canada, you are eligible to apply under this category.
- Family Class: This option allows permanent residents or citizens to "sponsor" their relatives
for immigration. The relationship is
limited to spouses (including common law and same-sex
spouses), parents, grandparents and dependent children. There are also provisions for
adopted and orphaned family relatives. In some cases there may be minimum income
requirements for sponsorship eligibility, and all sponsors
must legally commit themselves to
financially support their sponsored relatives and their dependents for up to ten years.
Otherwise, if the validity of
the family relation can be proven, you are eligible to
apply under this
category. Note that common law partners, as well as same-sex common-law and legally
married partners, are eligible to be sponsored by their Canadian spouses.
- Provincial Nomination Program: This option allows you to be fast-tracked by Immigration
Canada if your work skills and experience qualify as a "strategic occupation" according
to provincial regulations (based
on what is currently in great demand). As well, you must have
a current job offer from a qualified Canadian employer whose activities contribute to the
province's economic development. The purpose of the Program is to assist and accelerate
your application for permanent residence, however you must make two separate applications -
one to your
destination province, the other to Immigration Canada (in the form
of Skilled Worker
Class).
For those looking to work in Canada as a Foreign Worker, an application must be made to Immigration Canada for a Work Permit. There
are a few options available for obtaining Work Permits - the
primary route is to obtain a job offer from a Canadian employer, who
must validate the job offer with Human Resources and Skills Development
Canada (HRSDC). The test consists of proving to HRSDC that there are no
Canadians capable of filling the position - but you are! Upon approval,
you must apply to Immigration Canada for a work permit.
There are additional options available to highly skilled workers, as
well as workers in the Information Technology industry. These options
greatly reduce the time frame for obtaining a work permit. These
options are based on policies and organizations that are not exclusive
to Immigration Canada - such as HRSDC, NAFTA and GATT. For more
information, please do not hesitate to contact me.
For those looking to study in Canada as a Foreign Student, an application must be made to Immigration Canada for a Study Permit.
While in some instances you may have to submit medical and police
clearance certificates, in other instances you may not
need Study Permit itself to study in Canada. As a Foreign Student,
you must be accepted for enrolment in a recognized Canadian educational
program, and must demonstrate financial capacity to pay foreign tuition
fees as well as support yourself throughout the program (although some
limited on and off-campus employment is permitted).
Finally, for those looking to visit some friends / family in Canada (or
just visit Canada itself - I highly recommend touring the West Coast!),
an application must be made to Immigration Canada for a Temporary Resident Visa
(TRV). However, take note that not all foreigners need a TRV to
visit Canada. TRV's are issued for up to six months at a time, and
can be renewed by making application to extend your stay.
Note that you can always extend or change your temporary
status while in Canada, such as by renewing your TRV, or changing
from Foreign Student to Foreign Worker, but only by successfully
applying to Immigration Canada. As well, you may apply for immigration
while in Canada on a work permit.
2) Preparing the Best Application Possible
The second area of focus in my Immigration law practice
is assisting you with preparing the best, most persuasive
application possible.
In the world of Canadian immigration, you only get one shot at
acceptance. There are appeals processes, but they are lengthy, legally
technical and expensive. If your application is rejected, you may have
to wait years before you can apply once again. As such, it is
extremely important not only to select the best immigration option
available to you (above) - but also equally important to prepare the
best application possible for Immigration Canada. This is where
experience and a legal background are extremely valuable.
In my practice I assist clients with every step of the application process, including:
- Reviewing and explaining
the immigration application questions, as well as assisting you
with their completion - ensuring accuracy, comprehensiveness and appeal.
- Identifying and obtaining all supporting documentation (usually going well beyond the
standard guidelines) including
birth certificates, passports, reference letters, employment
letters,
statutory declarations of friends / family, educational diplomas,
educational
transcripts, scholarships,
professional licenses, financial documents, business documents,
tax documents, photos,
schedules (personal histories), publications, emails, receipts,
bills,
police certificates, medical certificates, etc.
- Drafting a cover letter that organizes and references all your supporting documentation as
well as tells your life story (and why you wish to move to Canada) in a very human and
compelling way. In
the process we emphasize your strengths and potential
contributions to
Canada while explaining and contextualizing your weaknesses.
- Professionally organizing the entire package (application forms, supporting documents,
photos, application fee
with cover letter on top of it all) and mailing it by registered
mail to the
quickest processing centre for
which you are eligible. As well, we use my law office address
for all correspondence to ensure all Immigration Canada requests are answered
immediately and accurately, and no documents are misplaced.
- Advising and preparing you for an interview, should one be requested by Immigration
Canada.
- Providing any additional supporting
documentation, should any be requested by Immigration
Canada.
- Assisting you with paying the final
processing fees and obtaining your right of landing papers
and permanent residence documents.
If you wish to have me assess your qualifications for immigration to
Canada or for working / studying / visiting Canada on a temporary
permit, please do not hesitate to contact me
for a free consultation. Moving to a new country is probably the
biggest change you will ever make in your life...it's important that
you take your time to understand the process and, should you decide to
retain professional assistance, it's important that you
feel comfortable with and confident in their ability to best
represent you. There is simply too much on the line to accept anything
less.
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