Y Canada Services Blog
Canada Immigration, Legal and Business Services Forum
Friday, 19 June 2015
Monday, 11 May 2015
Manitoba permanently reopens the Skilled Worker Overseas Stream and introduces process improvements
Manitoba reopened their Skilled Worker Overseas Stream on April 30, 2015 as part of their Manitoba Provincial Nominee Program (MPNP). Manitoba has become a popular destination for many skilled overseas workers over the last 10 years. Approximately 130, 000 people have immigrated to Manitoba over the last 10 years!
Manitoba PNP
Manitoba PNP targets individuals with the skills they need
for the province, those who have a desire to settle in the province and have
ties to Manitoba. Manitoba PNP has introduced new changes and improvements to
the program to ensure future intake stages are not necessary, resulting in
faster processing times and a responsive stream. The two main changes are
Expression of Interest and Procedural Fairness.
The MPNP Skilled Worker Overseas Stream operates with an Expression of Interest model to target
those individuals with the skills Manitoba currently requires in their labour
market and easier application management. Procedural
Fairness is being strongly enforced to ensure that all applicants can
respond to concerns that they have about the application.
It differs from the federal immigration programs because Manitoba
PNP directly enables the candidate to settle in the province of Manitoba through
the Expression of Interest program. The Federal Skilled Worker Program allows
candidates to settle in any province in Canada. Manitoba PNP is administered
through their own Expression of Interest system that was introduced earlier
this year in January.
It is similar to the Federal Skilled Worker Program because
it uses a points-based system to assess candidates on relevant factors such as;
age, language proficiency, work experience, education and adaptability.
Manitoba PNP requires a minimum of 60 points to meet the eligibility
requirements for the Skilled Worker Overseas program.
Connection to Manitoba
One of the main selection factors that Manitoba looks for in
candidates are their ties to Manitoba. A successful candidate will demonstrate
their connection to Manitoba through the support of family members or friends,
through previous education or work experience in the province, or through an
Invitation to Apply received directly from the Manitoba PNP as part of a
Strategic Recruitment Initiative.
Manitoba Expression of Interest System
Manitoba’s Expression of Interest System is entirely
separate from Canada’s Express Entry System. Both are similar in nature;
however, candidates who are eligible for any
of the streams under the Manitoba PNP, including, but not limited to, the
Skilled Worker Overseas Stream, may submit profiles into the Manitoba
Expression of Interest pool. Candidates are ranked according to the unique Manitoba
PNP Ranking Points system and are awarded a score out of a maximum of 1,000
based on their eligibility criteria.
Candidates will be selected from the Manitoba pool and the
candidates with the highest points may be issued a Letter of Advice to Apply
(LAA) for Canadian immigration through the Manitoba PNP. After receiving an
LAA, candidates will have only 60 days to submit a complete their application
to the province of Manitoba.
Risk Assessment Factors - Manitoba PNP
Manitoba PNP will subtract 100 points if a candidate
demonstrates they have family in provinces other than Manitoba and not many
relatives in Manitoba itself; have previously worked, studied, or a have made
an immigration application to a Canadian province other than Manitoba.
Procedural Fairness - Manitoba PNP
The second major change to the Manitoba Skilled Overseas
Worker Program is the level of Procedural Fairness given to the applicant and
application. Currently, a request for review of the application can be
submitted after the applicant has received a negative decision. The new Procedural
Fairness Process allow applicants to respond to and address the concerns and
questions that Manitoba PNP representatives have before the final decision is
made. This allows for a more transparent and informed process.
Conclusion
Manitoba is a popular destination for immigration
because of its strong and stable economy. Its diversity and employment
opportunities is what attracts many people in skilled work,
professional careers, entrepreneurs and investors.
If the Manitoba Skilled Overseas Worker Program
interests you, please feel free to contact us or fill out our free assessment form
online and our team
will be able to let you know if you are eligible. At A.
Princewill Law Firm, we are the immigration experts that can
successfully advise you on which immigration options are best for you. The
Manitoba PNP steams require a lot of documents and information. Retaining a
lawyer will provide you with the specific legal information you need. In
addition, we know how MPNP access their applications and can advise you on what
documents to provide to create a strong case. We will be there for you every
step of the way, contact us
to get started today!
Wednesday, 6 May 2015
Labour Market Impact Assessment (LMIA)
What is a LMIA?
A Labour Market Impact Assessment (LMIA) is a verification
that is done by Employment and Social Development Canada (ESDC) to ensure that
when foreign workers come to work in Canada the Canadian Labour Market is not
affected in a negative way. ESDC
requires the Employer to provide specific information regarding the employment
position such as: number of Canadians who applied for the position, number of
Canadians who were interviewed for the position and detailed explanations of
why the Canadians who were qualified were not hired. ESDC wants to know
employers are adequately taking steps to reduce reliance on temporary foreign
workers. ESDC considers several factors including:
·
Is the salary offered to the foreign worker consistent
with the average for the occupation in the area the position is located?
·
Are the working conditions consistent with labor
laws and/or collective bargaining agreements?
·
Is there a labor shortage for that occupation in
the area the position is located?
·
Is there an ongoing labor dispute in the company
and/or industry?
·
Has the Canadian employer undertaken recruitment
efforts in order to find Canadians to fill the position?
·
Will the foreign worker be able to transfer
unique skills or expertise to Canadians?
·
Will hiring the foreign worker help to create or
retain jobs for Canadians?
·
Will the foreign worker be the employee of the
Canadian employer, whereby the foreign worker is expected to work on a
full-time basis at a pre-determined wage?
Obtaining a LMIA may be easier in less populated cities and
regions as opposed to a major city.
Who needs a LMIA?
Majority of individuals require a LMIA unless listed as one
of the exemptions. A LMIA is part of a two-step process and the application to
the ESDC is the first step, the second step is an application to Citizen and
Immigration Canada for a Work Permit.
Who does not need a LMIA?
·
Workers covered under International agreements
·
Dependants of Foreign Workers holding a Canadian
work permit for a skilled position
·
Certain Provincial Nominees
·
Intra-Company Transferees
·
Co-op students
·
PhD students pursuing a post-doctoral fellowship
at a Canadian university
·
Religious workers
·
Spouses and common-law partners of full-time
foreign students
·
Participants in programs such as the Working
Holiday Visa program or International experience Canada (IEC)
Although you may be
exempted from a LMIA you are still required to obtain a Work Permit to work in
Canada legally.
How to prepare a successful LMIA application
To prepare a successful LMIA application the employer needs
to get started on gathering the following documents and taking the required
steps to having a successful application:
·
The fee amount for each application (Processing
fee $1000.00, Privilege fee $100.00);
·
Job advertisement must be activated for a minimum
of 4 weeks before submitting the application;
·
Proof that an advertisement was posted on the Canadian
Job Bank website;
·
Statistical tabulation such as:
1.
Numerical breakdown of the number of Canadian
applicants for the position;
2.
The number of offers of employment made;
3.
The number of unqualified applicants;
·
Provide written description of why other
candidates/applicants were not qualified for the position;
·
What procedure was taken to recruit or train Canadians;
·
Why Canadians were/are difficult to recruit for
the position;
·
What proposal has been or will be arranged to
train Canadians so the reliance on use of temporary foreign workers can be
eliminated or limited;
Obtaining a positive LMIA requires following detailed
guidelines, paying attention to details and providing a precise articulated
position to Employment and Social Development Canada. Successful applications
are greatly detailed, logical and well-articulated pieces of business
communication.
Processing time
The processing time for an urgent LMIA is approximately 10
business days. ONLY available for applications pertaining to:
·
Jobs in high demand such as skilled trade
workers
·
Jobs offering wages in the top 10% of wages
earned by Canadians in that province or territory
·
Jobs with a short duration working period that
doesn’t exceed 120 days (approx. 4 months)
The processing time for all other
LMIA applications is between 12-16 weeks if a complete application package is
submitted.
How we can help
At A. Princewill LawFirm we understand the importance of working in Canada legally and the
stress of such an application. We would like to help you achieve a Positive
LMIA in an expeditious and accurate manner. We have many years of experience
enabling us to know how to strengthen your application and what ESDC is looking
for. LMIA applications are extremely detailed, strict and will be returned if
missing even the slightest requirement. We can effectively advise and assist
you with your forms, documents and we monitor your application even after it is
submitted. You will dramatically notice a difference when trying to apply on
your own and applying with our services.
Let us help you determine your eligibility by filling out
our free online assessment. One of our skilled team members will be able to
assess and advise you on your situation.
Friday, 13 March 2015
Surrogacy and Immigration Considerations
Surrogacy
in Canada is a legal option and a highly fulfilling alternative for couples
that have difficulty creating a family on their own. It is also a wonderful
opportunity for women to change the lives of those who cannot carry a child to
term.
TYPES OF SURROGACY
Different
types of surrogacy.
§ Genetic Surrogacy: when the genetic mother’s ovum
or ova and the genetic father’s sperm are fertilized and implanted into the
womb of a third party, the surrogate. Thus, the baby in a genetic surrogacy is
not related to the woman who carries him or her.
§ Donor Egg Surrogacy: where the intended father is
genetically related to the child, but the carrier and the intended mother are
not.
§ Donor Sperm Surrogacy: where the carrier is not
genetically related to the child but carries the intended mother’s ova, which
have been fertilized by a donor (not the intended father).
§ Traditional Surrogacy: where the carrier is
genetically related to the child that she bears for the intended parents.
IS SURROGACY LEGAL?
In
Canada, it is legal to enter into a surrogacy agreement. The Ontario Courts
routinely grant Parentage Applications in the case of genetic, donor egg and
donor sperm surrogacies. This means that the intended parents, not the
surrogate or her spouse, will be named on the child’s birth certificate.
CAN A SURROGATE BE PAID?
A
surrogate cannot be paid for her services but her pregnancy related expenses
can be paid. In addition, a surrogate must be at least 21 years old.
SURROGACY CONTRACT
It is beneficial to draft a contract between you and the surrogate to
outline her rights and responsibilities and yours. This contract shows the
intention of the parents and displays the agreement between the surrogate and
the parents. A surrogacy contract can
cover the following matters:
§ psychiatric or psychological pre-screening
§ behaviour during pregnancy
§ issues governing expenses, insurance and
reimbursements
§ issues surrounding genetic testing of the fetus
§ arrangements concerning custody of the child in the
event that something happens to the intended parents (including injury,
separation or divorce)
§ the need for wills
§ resolution of conflicts that may arise during or
after the pregnancy
INTERNATIONAL
SURROGACY
Many intending parents would like to engage in the surrogacy
process outside of Canada. This is very common and Citizenship and Immigration
Canada provides different avenues on bringing the child back to Canada.
The first step is ensuring the intending parents are either
Canadian citizens or permanent residents of Canada. The second step is
determining if the child has a genetic link to the intending parents or not. As
discussed above this can be performed via the gestational method.
For immigration purposes, The Uniform Child Status Act 2010 defines assisted reproduction as a
method of conceiving other than by sexual intercourse. The Uniform
Child Status Act further defines a surrogate as a person who gives birth to a child as a result
of assisted reproduction if, at the time of the child’s conception, she
intended to relinquish that child to
- The
person whose human reproductive material was used in the assisted
reproduction or whose human reproductive material was used to create the
embryo used in the assisted reproduction, or
- The
person referred to in a) and the person married to or in a common-law
partnership with that person.
IMMIGRATION OPTIONS
A common misconception about international surrogacy is that
it is not possible to bring the child back to Canada. This is not true. There
are three approaches that allow for a child, without a genetic link to
immigrate to Canada.
1.
Adoption
When the child is born, the
intending parents can adopt the child and sponsor the child to Canada. In
countries where adoption is not available because the intending parents are
known as the legal parents at the time of birth, the intending parents shall
submit a written confirmation from that country or an expertise visa office
explaining why.
2.
Discretionary Immigration Processing Option
After the child is born, the
intending parents can apply for a Temporary Resident Visa for the child and
once that is granted, they can apply for a Humanitarian and Compassionate
Application on behalf of the child to obtain permanent residence in Canada.
This will enable the child to than apply for Citizenship under subsection 5(4) Citizenship Act.
3.
Apply for Citizenship
(a) Under subsection 5(4) Citizenship Act, the intending parents
can apply, on behalf of the child, for citizenship. This application is asking
for the discretion of Citizenship and Immigration Canada to grant citizenship
on a case-by-case basis.
(b) Genetic link to the parents
Where there is genetic link, parents can apply for Canadian citizenship for their child by descent.
Where there is genetic link, parents can apply for Canadian citizenship for their child by descent.
HOW WE CAN HELP
At A. Princewill Law Firm, we are the immigration experts
that can successfully advise you in which options are available for you and your
child. International surrogacy is complicated and retaining a lawyer will
provide you with the specific legal information you need. In addition, we know
how Citizenship and Immigration access their application and can advise you on
what documents to provide to create a strong case. We will be there for you
every step of the way, before the birth of the child and even after.
Contact us today to book a consultation to discuss how we
can help you.
Tuesday, 10 March 2015
Family Class Sponsorship
Family Class Immigration allows for families to be reunited and live together in Canada as permanent residents which can lead to citizenship. Family reunification is one of the main objectives of Canada’s Immigration system. Citizenship and Immigration Canada (CIC) views each application with due diligence and high priority is given to family class applications.
There are many different avenues available under the Family Class Sponsorship category. They include:
- Parent and Grandparent Sponsorship
- Parent/ Grandparent Super Visa
- Spouse/ Common Law Partner Sponsorship (for more information on spouse/common law partner sponsorship, click here)
- Dependent children
- Other family members (For more information on sponsoring other family members, click here)
- Parent and Grandparent Sponsorship
- Parent/ Grandparent Super Visa
- Spouse/ Common Law Partner Sponsorship (for more information on spouse/common law partner sponsorship, click here)
- Dependent children
- Other family members (For more information on sponsoring other family members, click here)
Sponsor Eligibility
- Must be a Canadian Citizen or Permanent Resident
- Must be at least 18 years old
- Be able to provide basic needs for family member(s) (i.e. Provide food, shelter, clothing etc)
- Meet or exceed the minimum necessary income required to sponsor
- Must be prepared to financially provide for sponsored family member(s) for at least three years should they receive permanent residence (and show proof of financial means)
- Must not have sponsored anyone else, in the past, who has requested financial assistance from the government
- Sponsor cannot be bankrupt, in prison, charged with any serious offence or under a removal order.
Documents Required for Family Class Sponsorship
Documents are a crucial element of the application package. You must be prepared to provide up-to-date documents to meet the sponsor eligibility criteria and to attest to your relationship.
Documents for Parent/ Grandparent Sponsorship
In addition to the Citizenship and Immigration application form package, you must also include:
- Canadian Citizens: Copy of your passport or birth certificate
- Permanent Residents: permanent resident or submit a Confirmation of Permanent Residence or Record of Landing
- Copy of marriage certificate
- Identification of a co-signer if applicable
- If previously married or in a common-law relationship provide:
- Proof of separation, divorce or annulment
- Death certificate, if applicable
- Declaration of severance, if applicable
- Option C printout from your most recent Notice of Assessment
- Proof of employment (original employment letter from employer stating duration, hours, pay/salary)
- Proof of income for the last 12 months (i.e. pay stubs)
- Any other financial income (i.e. Investments, pension, rental income, special benefits etc)
- Medical Condition Statement if you have legally adopted the dependent child(s)
Sponsored Parent/ Grandparent Documents
- Identity and civil status documents
- Copy of birth certificate, national identity card, marriage certificate, divorce/separation from previous spouse (if applicable), declaration of severance (if applicable), annulment or death certificate or previous partner (if applicable), photocopy of status documents of any close Canadian relatives
- Children information (dependent children must be 19 or younger)
- Adoption papers (if applicable), proof of custody of children
- Travel documents
- Copy of passport(s) and travel documents, children must have their own passport, if you live in a country different from your nationality provide a copy of your visa
- Proof of relationship to sponsor
- Sponsor birth certificate
- Parent/ Grandparent birth certificate
- Proof of medical examination
- CIC provides a list of medical panels in your country to have an upfront medical examination performed
- Photographs of the spouse/partner and dependents according to the specified photograph guide
Parent/ Grandparent Super Visa
The Super Visa Program allows a parent/ grandparent to be a long-term visitor of Canada. This visa can enable a successful applicant to receive a Super Visa for up to 10 years with multiple entry. This is valid for 2 years at a time with renewal.
To be eligible to apply a parent/ grandparent shall meet the following requirements.
- - Sponsor must meet the minimum income requirements
- - Applicant must purchase 1 full year of health insurance
- - Applicant must complete an immigration medical examination and provide results to CIC
- - The Sponsor must provide written commitment of financial support to CIC
- - If applicable, some applicants may require a Temporary Resident Visa in addition to their Super Visa.
Sponsored Dependent Child Documents
- Identity and civil status documents
- Copy of birth certificate, national identity card, marriage certificate, divorce/separation from previous spouse (if applicable), declaration of severance (if applicable), annulment or death certificate or previous partner (if applicable), photocopy of status documents of any close Canadian relatives
- Children information (dependent children must be 19 or younger)
- Birth certificate, Adoption papers (if applicable), proof of custody of children
- Travel documents
- Copy of passport(s) and travel documents, children must have their own passport, if you live in a country different from your nationality provide a copy of your visa
- Proof of relationship to sponsor
- Sponsor birth certificate
- Parent/ Grandparent birth certificate
- Proof of medical examination, if applicable.
- CIC provides a list of medical panels in your country to have an upfront medical examination performed
- Photographs of the spouse/partner and dependents according to the specified photograph guide
Sponsor other family members
You may be able to sponsor other family members but you must meet the sponsorship requirements.
Under this category you can sponsor brothers, sisters, nephews, nieces, or grandchildren who are orphaned, are under 18 and do not have a spouse or common-law partner and their relatives who will accompany them (e.g. Spouse, partner, children). You are able to sponsor one relative of any age or relation only if you do not have any other relatives that you could sponsor under the family class category and you do not have a relative that is a Canadian citizen or permanent resident of Canada.
Any siblings or adult children over the age of 18 cannot be sponsored by you because they are considered financially independent. However, as a relative, you can provide them with extra points under a skilled worker category should they wish to immigrate to Canada.
Common Mistakes
Family Class Sponsorship require lots of information, documents and forms. It is easy to make a mistake and delay your application process by many months or even years.
One of the biggest mistakes that is commonly made is the type of application a sponsor chooses to pursue. When sponsoring a parent/ grandparent, you must choose whether you would like to apply for permanent residence or a super visa.
It is imperative to know whether or not the application is strong with everything in order or if the application will raise issues and concerns in some areas.
Another common mistake is providing Citizenship and Immigration Canada with out-of-date documents. This will automatically delay and sometimes even lead to your application being denied. Most documents only have a validity of 3-6 months. Furthermore, sponsorship forms are constantly being updated, should you submit an application with an old form it will be returned and your process will be delayed.
Another mistake commonly made is not providing proper evidence and proof to attest to stated information. This is a crucial step because Citizenship and Immigration Canada expect every fact that is disclosed to be backed up by tangible evidence. Collecting proof can take a while and sometimes it is hard to obtain but it is imperative to send as much proof as you can with your application to avoid it being delayed or refused. On the forms, the sponsor and applicant must disclose everything that is asked for and not try to withhold information because it can bar them from sponsoring or being sponsored. This includes any information about siblings, children, work places, countries lived it etc.
Another common mistake is sponsoring an adopted child who is not legally adopted in their country of residence. Should this occur, CIC will not regard the relationship as valid. It is important to know who can and cannot be sponsored.
These are only a few of the many mistakes that can be made while applying for Family Class Sponsorship. Be sure to double check everything.
How we can help
At A. Princewill Law Firm we understand the importance of being with your family members and would like to help you achieve it in an expeditious and accurate manner. With our many years of experience we know how to strengthen your application and what Citizenship and Immigration Canada are looking for. We can effectively advise and assist you with your forms and documents. We also monitor your application even after it is submitted. You will dramatically notice a difference when trying to apply on your own and applying with our services.
Let us help you determine your eligibility by filling out our free online assessment. One of our skilled staff members will be able to assess and advise you on your situation.
Saturday, 7 March 2015
Humanitarian and Compassionate Applications
What are Humanitarian and Compassionate Applications?
A Humanitarian and Compassionate Application (H&C) allows for an applicant to stay in Canada on humanitarian and compassionate
grounds. It is used in exceptional cases. It enables the applicant to apply for their
permanent residence on the grounds of H&C and is used for those individuals
who do not meet the requirements under any of the other permanent residence
categories. H&C application is available also to convention refugees and
persons in risk of persecution.
Getting Started
Before an individual begins an H&C application, there
are a number of factors to understand first:
-
Unless waiting for a decision on a Pre-Removal
Risk Assessment Application, an H&C application does not prevent
deportation.
-
H&C decisions are determined on a
case-by-case basis.
-
There must be sufficient and relevant proof
pertaining to the H&C grounds.
There is a
government processing fee of $550 per adult and $150 per child.
How to build a
strong humanitarian and compassionate application
A strong application begins with the right reasons for applying. An H&C application is usually made as a last resort and the applicant must show/prove the immediate need to stay in Canada. There is an endless list of reasons to apply under an H&C application. The two most common ones are used by refugee applicants and they are hardship and risk.
A strong application begins with the right reasons for applying. An H&C application is usually made as a last resort and the applicant must show/prove the immediate need to stay in Canada. There is an endless list of reasons to apply under an H&C application. The two most common ones are used by refugee applicants and they are hardship and risk.
Hardship includes a situation where an applicant is or will face
serious problem and suffering should he or she be forced to move back to their home
country. This can include reasons such as no government in charge, not
recognized as a citizen in your home country anymore, medical hardship, need an
exemption from one or more requirements of the Immigration and Refugee
Protection Act (IRPA) or Regulations in order to apply for permanent
residence within Canada, belief you would endure unusual/undeserved hardship if
you are not granted the exemption, etc.
Medical hardship is not always a reason to apply under
H&C grounds. A reason to use medical hardship is if you or a family member
risk death by returning to your home country due to poor or no medical
treatment.
To prove hardship an applicant must display that they are
well-established in Canada. As each case is different, it is important to provide
the best evidence displaying your circumstances. Proving your hardship and
establishment in Canada is dependent on factors that you present to Citizenship
and Immigration Canada (CIC).
For example:
-
How long the applicant has lived in Canada.
-
Collecting welfare, if applicable.
-
Ability to understand and speak English/ French
and taking action to improve in them.
-
Improve/ further education while in Canada
-
Any relatives in Canada and if you are in
contact with them
-
Any Canadian-born children.
-
How much family you have in your home country
and if you are in contact with them.
-
Any jobs in Canada/ keeping up with tax
payments.
-
Current employment.
-
Any assets abroad.
-
References from people in Canada. (ie. Teachers,
friends, work, volunteer etc.)
-
Community involvement.
-
Specific hardship faced if returned to home
country. (ie. Being a woman and having limited rights)
This list is non-exhaustive and can continue on for whatever
reasons an applicant has that would make him/her face hardship should they
return to their home country.
Applying under H&C ground because of risk means that you
cannot return to your home country because of at least one of the following:
-
Persecution
-
Torture
-
Risk to life
-
Risk of cruel or unusual punishment
Should the applicant
have a PRRA application, they do not risk deportation until a decision is made
on that case. PRRA officers only consider new evidence should you already have had a
refugee hearing. However, they can sometimes consider important evidence
pivotal to your case that was not available during a refugee hearing (eg.
Medical evidence, proof of torture etc). If you are in Canada and have not yet
made a refugee claim, do so immediately. You must display that you are in
immediate danger of persecution and not delay on this matter.
Children
A Canadian immigration
officer is bound to consider the best interests of a child. Should you have
children involved in your case ensure to display:
-
Any ties the child has to Canada
-
If the child was born in Canada
-
Is the child attending school in Canada?
-
Have they ever been to your home country?
Common Mistakes
Many applications are refused for minuscule mistakes or
inadequate information. Ensure that you submit a strong application and avoid
making the following common mistakes.
- - The applicant’s only or main ties to Canada is their job and paid taxes.
- - The applicant has been on welfare for a long period of time.
- - Criminal activity.
- - Not personally affected by persecution or human rights in home country.
- - Not disclosing ALL relevant information (even if it is weak).
- - Misrepresenting yourself/situation.
- - Basing claim on poor educational facilities and poor employment opportunities.
- - Not filing application in time.
- - Have a pending refugee claim.
How we can help
If any of the following mistakes seem like something that
would apply to you it may be best to not consider applying or hiring a lawyer
to represent you. There are many advantages in hiring a lawyer and at A.
Princewill Law Firm, we know how to assist you in turning a weak H&C
application into a strong one.
Let our immigration lawyers and dedicated team of
staff help you overcome a weak application and put together a strong
application that addresses all your hardships/risks. We know what CIC is
looking for and we will effectively analyze your situation to point out any
weaknesses.
Book a consultation today to get started!
Thursday, 29 January 2015
Canadian Citizenship
Eligibility for Canadian Citizenship
There are six (6) criteria that an applicant must meet to be eligible for Canadian Citizenship.
- 1. Age
An applicant must be at least 18 years old to apply for Canadian citizenship. If the applicant is under 18, a parent/ legal guardian can apply on their behalf, provided the child is a permanent resident and at least one of the parents is a Canadian citizen or is applying for citizenship at the same time.
- 2. Permanent Resident Status
The applicant must be a permanent resident in Canada and must not be under review for immigration issues or under a removal order.
- 3. Time you have lived in Canada
An applicant for Canadian citizenship must have resided in Canada for a total of three (3) years in the last four (4) years. This that a person applying to become a citizen of Canada must have lived in Canada for a minimum of 1095 days in the last four years.
- 4. Language Skills
As Canada has two (2) official languages, an applicant must show they know at least one (1) of the languages in adequate ability and provide documentation to prove this. In addition, an immigration officer will be testing the applicant’s ability to speak either English or French during the interview.
- 5. Criminal History
Should an applicant have any indictable criminal history in the last three (3) years, be under review for immigration fraud, under a removal order, being investigated, or has had citizenship revoked, then they are not eligible to apply for Canadian citizen.
- 6. Canadian Citizenship Test
An applicant between the ages of 18-54 must show their knowledge of Canada and the privileges and responsibilities of acquiring Citizenship. This is displayed through a written test on citizenship. Citizenship and Immigration Canada will provide you with a study guide which can also be assessed on line by clicking on Discover Canada.
Processing Time for Canadian Citizenship Applications
The current processing time for complete citizenship applications is 24 months. This time can increase if your application raises any questions or concerns that Citizenship and Immigration requires clarification on.
Documentation
In addition to the Canadian Citizenship Application form and payment of for processing fees. See below for supporting documentation required for your application package.
- Copy of your Record of Landing (IMM 1000) or Confirmation of Permanent Residence (IMM 5292 or IMM 5688)
- Copy of Permanent Resident Card (PRC), if you have one
- Original results of an official language test taken (keep in mind that CIC will only accept results of certain third-party institutions that offer these tests. For example, Canadian English Language Proficiency Index Program General Test)
- Proof of completion of either French or English secondary and post-secondary education (in Canada or abroad). This can be either a diploma, degree, transcript.
- Copy of passport
- Official Education records if you attended school within the last four years of applying
- Two (2) pieces of personal identification (For example, drivers licence, Canadian health card, copy of passport etc.)
- Two (2) identical citizenship photographs, see specifications on CIC website
- Any and all documents or proof that display you have settled in Canada and have established ties to the country. (For example, copy of gym membership, copy of employment contract, any membership cards, property ownership etc.)
The information provided above can seem overwhelming. You may not think you are even eligible because you have been working outside of the country or you travel a lot. It is easy to make a mistake and delay or bar yourself from applying for citizenship but many people who believe they are not eligible, in fact, are!
Let us help you! At A. Princewill Law Firm, we know how important it is to get your Canadian citizenship and that it sometimes can be a frustrating process. We know the ins and outs of the application process and can help you monitor your application once you submit it as well. We will assist you in obtaining documentation that will strengthen your application for you and your family.
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