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! 

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)

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. 

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.

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! 

Express Entry to Canada

Express Entry

With the Express Entry program set to launch in January 2015, many people ask us how it differs from the current Canada Immigration programs currently in place. Below is a list of the main differences.

Express Entry will cover the Federal Skilled Worker Program, the Federal Skilled Trades Program and the Canadian Experience Class.

Differences:

1)      Profile Required

Candidates who meet the eligibility criteria will need to create a profile to become part of the pool from which Citizenship and Immigration Canada, Canadian Provinces, and Employers will select candidates for immigration to Canada.


2)      Applications will be electronic

Profiles and the application for permanent residence will be completed electronically.


3)      Invitation to Apply for Permanent Residence required

Candidates from the pool of applicants will need to be invited to submit applications for permanent residence. Candidates will have only 60 days to submit an electronic application for permanent residence once invited.


4)      There will be no list of eligible occupations

This removes the restrictions that some may have faced in qualifying to immigrate to Canada. All candidates are welcome to submit their profile and they will be selected based on their profile without being disqualified merely because do not belong to an occupation on the list of eligible occupation.


5)      Selection is based on how much points you score using the human capital model that assesses a candidate’s chances for success in Canada.

Selection will depend on how much a person scores overall on the following factors: age, English or French language proficiency, education, work experience, prior work or education in Canada, family in Canada, etc.


6)      Employers will be able to select candidates from the pool of prospects to fill their labour shortage needs.

The new system will proactively try to match candidates’ skills with advertised job openings in Canada, thereby assisting employers in finding the perfect candidates they seek.


7)      Increased chance that applicants will be arriving in Canada with a job waiting

The new job matching tool means that many candidates will have a job waiting for them on arrival.

8)      Faster processing time of 6 months or less.

Citizenship and immigration Canada is promising that applications selected from the pool will be completed within 6 months. This is great for the prospective employer as the labor shortage is filled quickly and it is great for candidates as well as they no longer need to wait for years before they can immigrate.



Would you like to apply to immigrate to Canada under the Express Entry program?

Want to find out how good your changes are for successfully immigrating to Canada under the Express Entry program?

Y Canada Services, the immigration Law Section of A. Princewill Law Firm can help you. Complete a free online assessment and we will advise you of your chances of success and the next steps towards obtaining permanent residence in Canada.

Permanent Residence Card Renewal | Residency Obligation

Issue: 

"I want to renew my PR Card but I do not have the required number of days. I need your help."

Solution: 

The Immigration and Refugee Protection Act requires you to have a minimum of 730 days of residence in Canada for any given 5 year period. This is referred to as your residency obligation. 

You meet your residency obligations if you were physically present in Canada for a least 730 days. If you were absent from in Canada and have less than 730 days of physical presence, you could still meet your residency obligation if you were outside Canada because you were accompanying a family member who is a Canadian citizen, or accompanying a family member who is a permanent resident and who is employed by a Canadian business or a Canadian provincial or federal government civil service. 

You can also meet your residency obligation if you were outside of Canada because you were employed outside Canada by a Canadian business or a Canadian provincial or federal government public service.

In the cases described above, the time you spent outside Canada will be counted as though you were in Canada and will enable you meet your residency obligation. 

If none of the above scenarios apply to you, you may still be able to retain your permanent residence status if there are humanitarian and compassionate grounds that justify you retaining your permanent residence status. 

Humanitarian and Compassionate Grounds

Humanitarian and compassionate grounds involves the decision maker reviewing several factors to determine whether relief should be granted and you should be allowed to retain your status as a permanent resident of Canada. No one factor is determinative but several factors are considered and a decision is made on the totality of factors. 

Factors considered include: 

• the best interests of a child directly affected by the decision
• the degree of non-compliance. In other words, how may days are you short of the required 730 days 
• how established are you in Canada compared to your country of origin
• what were your reasons for leaving Canada and spending so much time outside Canada? Factors such as a sick parent, spouse, etc will be considered
• your family ties in Canada
• the hardship that will be caused to you and your family members should you have to leave Canada and loose your status as a permanent resident 

 If you need to renew your permanent residence card, it is best to seek legal counsel. 

If your application to renew your permanent residence card has been refused, contact us. We can represent you before the immigration and Refugee Board and the Federal Court of Canada. 

Testimonials from former clients with PR Residency Obligation issues

Jagadish Vashi

I personally recommend this firm for any kind of Immigration issue.We have very good experiences with this firm and they have very knowledgeable lawyers team, especially Angela Princewill, Immigration Lawyer She did a very very good job to get my mother's Permanent status back in Canada. Angela Princewill, Immigration Lawyer is an extra ordinary person and a very sharp during her session in her court Angela's submission was fantastic and her counter action was superb She knows all the laws by heart I guess so she win any immigration case easily what we believe.Her dedication to the work and sincerity with her work is awesome,We Vashi family can't describe.If any one has an issue with immigration without hesitation contact dedicated lawyer like Angela Princewill, Immigration Lawyer and her firm.

 

Madhura Dabke

I am a Torontonian based house-wife, who hired Candice and Angela and their team of Attorneys to help me acquire permanent residency in Canada. I was dreading the arduous and bureaucratic process, but both Candice and Angela and their staff were very professional and efficient as they helped the procedure go smoothly. Both have an extensive experience which gives them a thorough understanding of the entire immigration process. They are also well-versed in U.S. immigration policy. From your first conversation with them, you immediately become aware of their integrity and commitment, and moreover, the passion they exude for their work. Any concern I raised was immediately addressed. Phone calls were answered in a timely manner. Information I requested about the process was promptly forwarded. They were always courteous and attentive, making me feel that my case was the only one being handled by their firm, when in reality I was likely one of hundreds of clients. 

Spotlight on Canadian Provinces & Territories | British Columbia

British Columbia is on the west coast of Canada. Sitting atop Washington State in the United States, British Columbia directly faces the Pacific Ocean as Canada. With a population hovering around 4.6 million, British Columbia slightly edges out Alberta as the 3^rd largestprovince in Canada. For those of us seeking to escape the harshest winters, British Colombia’s climate provides some of the most temperate and mild weather in all of Canada. Snowfall is general infrequent and in substantial, while spring’s and falls are quite warm and pleasant. It is common to see people in dresses and t-shirts well into the fall, an alien concept for many on the eastern coasts of Canada.

5 Reasons to Immigrate to British Columbia

Lifestyle and Culture:British Colombia is dense with opportunities for active , recreational lifestyles and bastions of cultural spaces. From the towering redwood trees to the Rocky Mountains, British Columbia is a prime location for those seeking to absorb points of interest for natural beauty. Cycling, canoeing, hiking, camping, among several other activities provide a wide selection of options for those who enjoy the outdoors, or are in love with the outdoors. Your mileage may vary. Those seeking to absorb the rich culture of British Colombia also have something to look forward to with the equally vast amount of options to experience. The deeply aboriginal roots of British Colombia run through the cultural blood of the province’s historic sites, art galleries, museums and festivals. All of this in addition to featuring world-class dining options in world cities such as Vancouver and Victoria, British Colombia is flowing with a staggering array of things to see, do and experience.

Education:British Columbia, almost expectedly, features a robust education system grounded on the importance of education as a facilitation tool. British Colombia’s approach to education from K-12 seeks to establish knowledge in students as a structural foundation from which they can build their own understandings and futures in larger society. On that note, British Colombia also offers First Nations Studies to that effect. As the bedrock of British Columbia’s rich cultural history, recognition of the complex and essential nature of the Aboriginal peoples in the British Colombian educational system is an extension of the philosophy behind connected education to larger society. The Post-Secondary arm of the British Columbian education system is also substantial. Featuring 1,900 programs at 25 public post-secondary institutions, British Colombia offers a wealth of options to people continuing their educational path after secondary school.

Work Opportunities:With a positive looking job outlook  expecting to add roughly 1 million new jobs by 2020, prospects for work in British Columbia is very good.  British Columbia’s standard of living in relation to employment wages, social facilities, and worker rights are a sparkling example of a modern system that values the worker. With openings expected in Business, Trades, Health and Science related occupations, British Colombia is expanding at a strong rate, especially significant considering it’s turn out of 2008's international economic meltdown.

Health Services:
British Colombia features an incredibly robust amount of options within the provincial health system. Accessibility to these options is intuitive due to the nature of information origination and integration with technology.  The ability to check symptoms online through the province’s HealthLinkBC program, the ability to locate exact places of health services and their immunization schedules, elaborate mental health facilities and programs for abuse victims (including children) all exist in addition to the staples you would expect from a substantial, modern health system.

 

Fun facts about British Columbia

British Columbia has the longest frost-free periods in all of Canada due to its mild climate. Flowers bloom as early as February!
Nearly two-thirds of British Columbia’s 60 million acres has received almost no human influence or contact.
British Colombia is 4 times the entirety of Great Britain. It is larger than 50 of the US states (the exception being Alaska).
Vancouver is a relatively young city. The city shares an anniversary with Coca-Cola and Mercedes-Benz.
British Colombia has 10 mountain ranges:  Rocky Mountains (partly shared with Alberta boundary), Purcell Mountains, Selkirk Mountains, Monashee Mountains, Cariboo Mountains, Coast Mountains (home to the Whistler and Blackcomb Mountains), Cassiar Mountains, Vancouver Island Ranges, Queen Charlotte Mountains, and St Elias Mountains (shared with the Alaska, USA border).
British Colombia alone is home to half of Canada’s entire wildlife population. It is far and away the most-biologically diverse area in Canada.