Canadian Immigration News with The Way Immigration

TR to PR Pathway Canada (2026 Guide): Eligibility, Documents, and Application Process

Thu, 19 Mar 2026 07:55:51 GMT

There is a lot of buzz right now about the new TR to PR pathway in Canada. Many temporary residents are hoping that this new pathway will help them become permanent residents. And, indeed, the program will help many achieve their Canadian immigration goals.

However, it is important to start with a reality check.

The federal government has announced a new TR to PR program that may allow about 16,500 people each year in 2026 and 2027 to obtain permanent residence. While this new pathway is a good opportunity, Canada currently has millions of temporary residents in the country, including international students, foreign workers, and foreign workers who are hoping to stay permanently. This means that the new TR to PR pathway will help some in-Canada applicants, but it will not help everyone.

Many Canada applicants should also remember what happened during the last TR to PR pathway . It was a first-come, first-served race to submit the PR application through the IRCC portal. Some streams were full within a few hours, and many applicants experienced portal crashes and technical problems. The TR to PR pathway is expected to receive a high volume of applications, so early preparation is critical for applicants who want to maximize their chances of success.

We hope the new intake system will be better this time. However, applicants should still prepare carefully and understand all eligibility criteria before the program opens.

This guide explains how the new temporary resident to permanent resident process may work in 2026 and what documents you may need to prepare.

Introduction to Permanent Resident Pathway

The Permanent Resident Pathway is a cornerstone of Canada’s immigration system, offering a structured route for certain temporary residents to become permanent residents. This pr pathway is especially significant for foreign workers who have built established community ties and are actively contributing to the Canadian economy. Through the TR to PR pathway, the federal government aims to grant permanent residence to individuals who have already demonstrated their value to Canadian communities by working in the community.

To qualify for this permanent resident pathway, applicants must hold valid status in Canada, meet minimum language requirements, and provide proof of their employment through essential employment documents. These requirements ensure that only those temporary residents who are well-integrated and meet Canada’s standards can transition to permanent residence. Because the TR to PR pathway is a limited-time opportunity, it is crucial for applicants to prepare their documents in advance and ensure all eligibility criteria are met. By doing so, foreign workers and other eligible temporary residents can maximize their chances of successfully obtaining permanent residence in Canada.

What Is the temporary resident to permanent resident pathway (new TR to PR Pathway) in Canada?

Canada's new TR to PR program is a PR pathway designed for residents on temporary status already living and working in Canada.

Through this PR pathway, eligible in-Canada applicants may transition from temporary status to permanent residence if they meet the program requirements. In other words, the program allows the government to grant permanent residence to people who have already studied or worked in Canada.

The goal is to keep skilled workers and graduates who are already contributing to Canadian communities.

Who Qualifies as a Temporary Resident in Canada?

Temporary residents in Canada include several groups of people.

Some of the most common examples include:

International students studying with a study permit
International graduates from a post-secondary institution in Canada
French speaking international graduates who have completed eligible programs in Canada (they may have a unique application stream or eligibility criteria)
Temporary foreign workers working with a valid work permit
Other foreign workers holding temporary permits

This also includes US citizens currently working in Canada under CUSMA/USMCA professional work permits, who are often in a strong position to transition to permanent residency.

Many of these individuals already have strong ties to Canada, such as current employment, family relationships, and community involvement .

Why Canada Created the TR to PR Pathway

Canada’s immigration system often looks for ways to keep people who are already integrated into the country.

Temporary workers and international graduates often:

have Canadian work experience
understand Canadian workplaces
have established community ties
contribute to Canadian communities

Because of this, the federal government sometimes creates special programs that allow residents on temporary status to apply for PR status.

These programs help address labour shortages in priority sectors and keep skilled workers in Canada.

Canada Immigration Pathways 2026 (Where TR to PR Fits)

The TR to PR pathway is only one option within Canada’s immigration system. There are several Canadian immigration programs that allow people to become PR.

Major Canada Immigration Programs

Some of the most common immigration pathways include:

Express Entry
Provincial Nominee Programs (PNP)
family sponsorship programs
regional economic programs

Express Entry is a points-based system that selects skilled workers based on factors like education, work experience, and language proficiency.

PNP programs allow provinces to nominate candidates who meet local labour needs.

Canada's new TR to PR program is designed specifically for temporary residents already inside Canada.

Immigration Pathway Comparison Table

Each PR pathway has its own eligibility criteria and application process.

TR to PR Pathway 2026 – Latest Updates and Policy Changes

Canada’s new TR to PR program is expected to launch in April 2026. This new pathway will focus on workers who are already living and working in Canada.

Canada PR News Today: Key Changes for Applicants

While final details may still change, early announcements suggest that the new TR to PR pathway may focus on work permit holders such as:

temporary workers in priority sectors
foreign workers in a certain occupation
French speakers and French speaking graduates from Canadian schools
individuals already working in Canada

The government will also limit the number of applicants each year - 16,500 applications each in 2026 and 2027.

New Immigration Pathway Canada 2026

This new initiative is part of a larger effort to improve Canada's immigration system and retain talent already living in the country.

The goal is to provide a temporary to permanent resident pathway for people who are already contributing to the economy.

TR to PR Eligibility Requirements (2026)

Each PR pathway has specific eligibility requirements. While the final rules for the new tr program may vary, most applicants should expect requirements related to work experience, language ability, and legal immigration status.

Work Experience Requirements

Applicants are likely to need Canadian work experience in an eligible occupation.

This may include:

employment in an essential occupation
experience in priority sectors
current employment with a Canadian employer

Applicants will likely need to provide proof of their work experience through employer reference letters and other documents, such as recent pay stubs, T4 slips, Record of Employment (ROE), CRA notice of assessments, etc.

Employer reference letters usually include:

job title
job duties
employment dates
salary information
employer contact information

These letters help immigration officers verify employment history.

Language Requirements

Most PR programs require proof of language proficiency.

Applicants must usually take approved language tests such as:

Approved English tests:
IELTS General Training
CELPIP General
PTE Core (recently added)
Approved French tests:
TEF Canada
TCF Canada

Language test results must meet the program’s minimum language requirements.

Education and Credential Requirements

Some applicants may need an educational credential assessment (ECA) to confirm that their foreign education is equal to Canadian standards.

International graduates from a Canadian post-secondary institution may not require this step.

Immigration Status Requirements

Applicants must usually hold valid immigration status in Canada.

This may include:

a valid work permit
a study permit
maintained status while waiting for a decision

Maintaining legal status is very important during the PR application process.

TR to PR Supporting Document Checklist (Complete 2026 List)

Preparing the correct documents proof and complete personal information is one of the most important parts of the application.

Missing certain documents can delay your ability to apply to the program, or you may even miss the chance to apply.

Core Identity and Civil Status Documents

Applicants should prepare the following documents:

valid passport
travel document
civil status documents
marriage certificate (if applicable)
documents related to family relationships, such as common law relationship or birth certificates for dependent children

These documents confirm identity and civil status.

Employment Documents

Applicants should gather the following documents proving their employment such as:

employer reference letters including job duties and other essential information
recent pay stubs
employment history records
proof of current employment
copy of work permit

These documents help demonstrate Canadian work experience.

Immigration and Background Documents

Many immigration programs require:

police certificates from countries where the applicant lived
medical examination reports
detailed travel history

These supporting documents help immigration officers assess admissibility.

Education and Language Documents

Applicants may also need:

educational credential assessment reports
language test results
proof of graduation from a Canadian institution

All documents that are not in English or French will need to be translated by a certified translator.

Personal Information needed for TR to PR application

The TR to PR application process is likely to be a race, where the first 16,500 applications submitted through the IRCC PR portal are accepted for processing. Those who are still in the process of completing their application when the threshold is reached will find that they are unable to submit their application. Those who have not started the application when the threshold is reached, will not even be able to access the IRCC portal. With this in mind, single applicants will have an advantage over those with a family, as single applicants will have less information and less documentation to submit. It's imperative to be well prepared to complete and submit the application as quickly as possible. We recommend preparing spreadsheets of the following information in advance (for yourself and your spouse or common law partner):

Address history for the past ten years - ensure you have no gaps in the timeline
Personal history for the past ten years - ensure you have no gaps in the timeline, include the location and whatever you were doing for that specific period of time (working, retired, studying, etc)
Organizations that you have been a member of and the dates you were associated
Details of any military service you have performed
Details of anytime you have worked for the government
Travel history for the past ten years - the city and country where you travelled, as well as the dates, number of days, and purpose of your travel
Education history for high school and any post-secondary education including dates of study, name and location of institution, and program completed
Family information including name, date of birth, country of birth, marital status, address and email address for your parents, siblings and any children

TR to PR Processing Time in 2026

Processing times can vary depending on several factors.

These include:

completeness of the PR application
background checks
document verification
number of applications submitted

Incomplete applications or missing documents may cause delays, or your application may be returned to you as incomplete and then you have missed the chance to apply.

Police Certificate and ECA Processing Times

Some supporting documents take time to obtain.

Note that these may be needed for family members including spouses, common law partners, and sometimes other dependents.

For example:

police certificates may take weeks or months depending on the country
Education Credential Assessment reports often take several weeks

Applicants should prepare documents early to avoid delays.

Step-by-Step Guide to Apply for TR to PR Canada

Applying for permanent residence through a TR to PR pathway usually involves several steps.

Step 1: Confirm Eligibility

Before applying, applicants should review the program rules carefully to confirm they meet all eligibility requirements. These rules are expected to be announced in April 2026.

Step 2: Prepare Required Documents

Applicants must prepare documents and gather the required documents before submitting the application.

This may include identity documents, employment documents, language tests, and other supporting documents for everyone included in the application.

Step 3: Submit the Application

Applicants must complete the online application forms and submit the permanent residence application through the IRCC PR portal.

Step 4: Biometrics and Medical Exams

Applicants may need to complete biometrics, medical exams, and background checks after submitting their application.

Step 5: Receive Permanent Residence

If the application is approved, the applicant will receive confirmation of permanent residence.

At that point, they officially become permanent residents of Canada.

Work Permit to Permanent Residency Canada (TR to PR Guide)

Many temporary workers hope to transition from a work permit to permanent residence.

How to Convert Temporary Resident Legal Status to PR Canada

Foreign workers in Canada can apply for permanent residence through different pr pathway options.

Some people may qualify through:

the TR to PR program
Express Entry
Provincial nomination programs
Spouse or common law partner sponsorship, for those who have Canadian partners

Applicants should ensure they maintain valid temporary status in Canada while waiting for a decision on the PR. This usually means submitting a new application for an extended work permit, or visitor status.

TR to PR vs Express Entry Canada

Both Express Entry and TR to PR programs can lead to permanent residence.

However, they work differently.

Key Differences and Which Pathway Is Better

Express Entry is a points-based system that ranks candidates using the Comprehensive Ranking System. Applicants need to receive an invitation to apply for Express Entry from IRCC.

The TR to PR pathway focuses more on existing Canadian experience , such as work history in Canada. Applicants will need to secure a spot in the portal when the program opens in order to apply.

For some residents on temporary status, the TR to PR pathway may be easier because it does not rely heavily on CRS scores. However, past technical challenges with the IRCC PR portal remind us that when millions of people descend on the same website at the same time, chaos can sometimes ensue.

Express Entry remains one of the most common pathways to PR status in Canada, as it is the economic program that secures PR for the largest number of candidates each year.

Common Challenges When Converting Temporary Residence to Permanent Residence

Many applicants face challenges when applying for permanent residence.

Common issues include:

expired language test results
missing documents
incorrect employment letters
incomplete document checklist
problems proving employment history
not having documents translated by a certified translator
missing documents for spouse, common law partner or dependent children

Applicants must ensure they provide proof of all required documents in the exact format specified by IRCC.

Why Applicants Choose The Way Immigration for TR to PR Applications

Applying for permanent residence can be complex, especially when programs change frequently.

Expert Guidance on the TR to PR Pathway Canada

Professional guidance from immigration experts can help applicants understand eligibility requirements and choose the best immigration pathway.

Complete Canada PR Document Preparation

Many applicants seek help preparing the document checklist and organizing supporting documents.

This includes help with:

employment letters
ECA requests
immigration forms
police certificates

Trusted Immigration Consultant for TR to PR Canada

Working with immigration professionals can help reduce mistakes and ensure the permanent residence application is complete. Professional support can make the process smoother and reduce the risk of delays.

Frequently Asked Questions About the TR to PR Pathway

Conclusion

The TR to PR pathway represents a unique and valuable opportunity for temporary residents, foreign workers, and international graduates to secure permanent residence in Canada. With the federal government’s focus on retaining skilled individuals who have already established themselves in Canadian communities, this PR pathway is an important part of Canada’s immigration system.

Success in the TR to PR process depends on careful preparation—meeting eligibility requirements, gathering all required documents, and providing clear proof of employment, language proficiency, and legal status. It will also involve luck, as only those who can access the IRCC Portal and submit their applications before the program is full will be given consideration.

Given the competitive nature and limited intake of the program, applicants should start preparing early and consider seeking professional guidance to ensure their permanent residence application is complete and accurate.

By understanding the process and preparing thoroughly, temporary residents can take full advantage of the new TR to PR pathway and take the next step toward becoming permanent residents of Canada.

At The Way Immigration , we have decades of experience helping clients with their Canadian PR applications. If you have any questions or need help with your PR journey, contact the Best Immigration Consultants Calgary for a consultation today.

Canada’s 2026 Iranian Work Permit Extension: New Rules, Eligibility & Application

Tue, 17 Mar 2026 22:59:24 GMT

Canada continues to provide targeted measures for certain Iranian nationals already in Canada who hold valid temporary resident status and valid work permits. As of March 1, 2026, special measures for Iranian nationals in Canada have been extended until March 31, 2027.

These measures are part of a revised temporary public policy implemented by Immigration, Refugees and Citizenship Canada to continue supporting eligible Iranian nationals in Canada during the ongoing situation in Iran while maintaining a balanced labour force in Canada. Iran continues to experience instability, which has influenced Canada's decision to maintain these special measures for certain Iranian nationals.

Under the updated Canada special measures for Iranian nationals, some Iranian work permit holders may apply for a permit extension from inside Canada. However, the rules changed in 2026. Some temporary immigration measures that previously applied to visitors and study permit holders are no longer available. No other temporary immigration measures are currently in place for Iranian nationals in Canada.

Understanding Canada’s Special Measures for Iranian Nationals

The revised policy is part of Canada’s broader temporary immigration extended measures responding to the situation in Iran. The Canadian government introduced these measures to continue supporting eligible Iranians, provided that applicants do not pose a threat to Canada's security and meet all admissibility requirements, while also ensuring Canada’s security and employment market needs are protected.

These measures for Iranian citizens apply only to temporary residents already inside Canada. They allow eligible Iranian temporary residents to maintain work authorization and continue contributing to Canadian communities.

Why Canada Revised Temporary Public Policy in March 2026

The government revised the extended measures for Iranian nationals to balance humanitarian considerations with job market priorities. The situation in Iran remains uncertain, and many Iranian citizens in Canada continue to face challenges returning home.

At the same time, Canada must manage its immigration system through regular IRCC processes. The revised policy focuses specifically on Iranian workers already working in Canada.

These extended measures ensure that eligible Iranians can continue working legally while Canada maintains fair immigration rules.

What Changed? The 2026 vs. 2025 Iran Temporary Public Policy Canada

The earlier temporary policy allowed a broader group of Iranian temporary residents to apply for open work permits or other benefits. Notably, the earlier policy also covered initial study permit applications, but the revised policy no longer does. The updated policy now applies only to certain Iranian citizens who already hold work permits issued before a specific date.

Who Qualifies for the Iranian Work Permit Extension in Canada

Not all Iranian applicants qualify under the revised public policy. Immigration, Refugees and Citizenship Canada established strict eligibility criteria to determine who can benefit from the program.

General Eligibility and Admissibility Requirements for Iranian Temporary Residents

To qualify, applicants must meet several conditions under the revised policy.

Eligible applicants must:

Be Iranian nationals physically present in Canada
Hold valid temporary resident status
Hold a valid work permit issued on or before February 28, 2025
Submit a complete application before the policy deadline
Prove they have enough money to cover living expenses for themselves and any accompanying family members

These rules apply only to certain Iranian citizens who already hold work permits in Canada. Iranian applicants must also meet general eligibility and admissibility requirements under Canada’s immigration system, including providing proof of financial support for accompanying family members as part of the application process.

This includes requirements related to good health, criminal activity checks, and possible medical exam requests depending on the applicant’s situation.

Who Is No Longer Eligible Under the 2026 Special Measures

Several groups of Iranian temporary residents are no longer eligible under the updated policy.

These include:

Visitors who want to convert visitor status into work
Study permit holders applying for open work permits under previous temporary measures
Iranian nationals issued a work permit after February 28, 2025

Applicants who previously received an extension under earlier temporary policy may also be ineligible for a second extension under this revised public policy.

The One-Time Extension Rule for Iranian Workers Explained

A key feature of the revised policy is the one-time extension rule. The work permit extension can be valid for up to 2 years, but it cannot extend past the expiry date listed on the applicant's passport Additionally, this extension does not require a Labour Market Impact Assessment (LMIA) .

What Is the One-Time Extension Iranian Public Policy Rule

Eligible work permit holders can apply for one extension under the special measures.

The extension can be granted for up to two years. It allows Iranian nationals in Canada to maintain work authorization and continue supporting themselves and their family members while remaining in Canada.

However, this extension can only be used once under the current public policy.

Applicants who already benefited from previous Iranian temporary measures may not qualify again if they already received an extension of work permit under earlier programs.

Maintained Status for Iranians in Canada

If Iranian applicants apply online before the expiry date listed on their current work permit, they may receive maintained status .

Maintained status allows a foreign workers to continue working in Canada under the same conditions while their extension application is being processed.

This means work permit holders can remain legally in Canada and keep working while Immigration, Refugees and Citizenship Canada reviews the application, until IRCC makes a final decision on the application.

Step-by-Step Guide: How to Apply for an Iranian Work Permit Extension

Applications must be submitted through regular IRCC processes. Iranian applicants must apply online using their IRCC secure account .

Documents Required for Iranian Nationals

Applicants should prepare several documents before starting their application.

Common documents include:

A valid passport or travel document
A copy of the valid work permit issued before the eligibility date
Proof of valid temporary resident status in Canada
Completed application forms
Other documents confirming eligibility
An immigration medical exam if you want to work in healthcare or education

IRCC may request additional documents depending on the applicant’s situation.

Navigating the IRCC Portal Application Process

Most Iranian applicants will submit their application through an IRCC secure account.

The basic steps include:

Log in or create an IRCC secure account
Select the option to apply online for an extension of work permit from inside Canada
Upload all required supporting documents
Submit the application and pay the required application fees

Once applications are received, IRCC will review eligibility and admissibility before issuing a decision.

Travel Restrictions During Processing

Applicants should remain in Canada while their application is being processed.

Short absences from Canada are sometimes acceptable, but repeated or extended absences could jeopardize eligibility or temporary status.

Leaving Canada during processing could affect maintained status and work authorization. In some cases, applicants who leave Canada may not be able to continue working until a new work permit is issued.

For this reason, many immigration professionals recommend staying in Canada until the extension decision is finalized.

IRCC Fees and Costs for Iranian Work Permit Extensions in 2026

Unlike earlier temporary measures, fee waivers no longer apply.

Standard IRCC Application Fees Apply

Applications submitted on or after March 1, 2025, will require standard application fees .

Typical costs include:

$155 work permit processing fee
$100 open work permit holder fee

These standard processing fees apply to all eligible Iranian applicants submitting extension applications.

Biometrics and Additional Costs

Some applicants may also need to pay biometric fees.

The biometrics fee is currently $85. Applicants should also ensure their biometric validity has not expired.

Other possible costs may include:

Document translation fees
Professional immigration consultation fees
Additional supporting documents required by IRCC

Deadlines and Important Dates for Iranian Immigration Measures

Applicants should carefully review the policy timeline before applying.

The March 31, 2027 Iranian Policy Expiry Date

The revised policy took effect on March 1, 2026.

Eligible Iranian applicants must submit their work permit extension application before March 31, 2027.

Applications received after this deadline will be processed under regular immigration rules.

What Happens After the Policy Ends

After the policy expires, Iranian temporary residents must transition to other immigration options, or make arrangements to leave Canada. Possible pathways may include employer-supported work permits through labour market assessments or permanent residence programs.

Pathway to Permanent Residency for Iranian Temporary Residents

The extension may help Iranian nationals remain in Canada longer while building immigration eligibility.

Leveraging Your Canadian Work Experience for PR

Canadian work experience gained during the extension period may help applicants qualify for permanent residency. Programs such as the Canadian Experience Class reward foreign nationals who gain skilled work experience in Canada.

Provincial Nominee Programs Supporting Iranian Workers

Some provinces offer Provincial Nominee Programs designed to attract skilled workers. These programs support local labour market needs while helping immigrants settle in Canadian communities.

Long-Term Immigration Planning Strategies

Iranian applicants should plan their immigration strategy carefully, and create a PR strategy well in advance.

Building Canadian work experience, maintaining valid temporary resident status, and meeting admissibility requirements can strengthen future immigration applications. Understanding dual intent can also help temporary residents plan for both temporary status and long-term immigration goals.

Why Choose The Way Immigration for Your Iranian Work Permit Extension

Applying under a revised policy can be complex. Professional guidance can help ensure that applicants meet eligibility requirements and present the application in the best light.

Immigration Consultation for Iranian Work Permit Extensions

The Way Immigration offers detailed consultations to determine whether Iranian nationals qualify under the strict February 28, 2025 permit cutoff rule. Our team helps applicants understand maintained status rules and application timing.

Application Preparation and IRCC Complianc e

We assist clients with:

Document review
Application preparation
Uploading supporting documents through the IRCC portal

This helps reduce delays and ensure applications follow IRCC requirements.

Strategic Planning for Permanent Residency

Beyond the work permit extension, our team helps Iranian applicants develop long-term immigration strategies. This includes advice on Express Entry pathways, Provincial Nominee Programs, and other permanent residence options. Our professional services can be offered in Farsi for those who prefer to use their native language to discuss such complex matters.

FAQ

At The Way Immigration , we have decades of experience helping clients with their immigration applications, and we have a terrific RCIC who is originally from Iran. If you have any questions or need help with determining the whether the extended measures apply to yourself or a family member, contact the Best Immigration Consultants Calgary for a consultation today.

Canadian Citizenship New Rules 2026: Bill C-3, First-Generation Limit & Citizenship by Descent Explained

Tue, 17 Mar 2026 12:57:44 GMT

Summary:

Canada’s Bill C-3 has officially removed the unconstitutional first-generation limit, which used to mean that only the first generation born outside of Canada could claim Citizenship. The new legislation retroactively restores citizenship to "Lost Canadians" and grants automatic citizenship to anyone born abroad to a Canadian parent before December 15, 2025. Notably, this historic update also opens the door for millions of US citizens with Canadian ancestry to claim dual citizenship through a grandparent via a restored "chain of descent," allowing them to gain a Canadian passport without facing Canadian tax obligations unless they choose to relocate.

Canada has made major changes to its Canadian citizenship laws in 2025. These changes come through Bill C-3, also known as the Act to Amend the Citizenship Act., which came into force on December 15, 2025. This new bill replaces the First Generation limit to Citizenship that meant anyone born outside of Canada to a Canadian parent, after April 2009, was only Canadian if their parent was born in Canada or a naturalized citizen.

Many people searching about the new rules are Americans with Canadian family roots who want to know whether they may now qualify for Canadian citizenship by descent.

Bill C-3 was introduced to amend the Citizenship Act and update how Canadian citizenship is passed to children born outside of Canada, adopted children, and subsequent generations born abroad. The legislative purpose of Bill C-3 is to modernize and clarify citizenship by descent, ensuring that citizenship can be passed down to more generations. The Government of Canada passed this new legislation to address outdated rules and to provide a fairer process for families affected by the previous first-generation limit. Bill C-3 allows Canadian citizenship to be passed down to people born or adopted abroad beyond the first generation, addressing the issue of ‘Lost Canadians’. The new law allows for citizenship to flow beyond the first generation, recognizing the entire chain of descent provided there is an original anchor who was a Canadian citizen.

The new rules, as set out in the legislation that Canada passed, affect:

people with a Canadian parent
people born outside Canada (or born abroad)
people who lost Canadian citizenship under previous provisions
parents working abroad, including the Canadian Armed Forces and the federal public administration

In 2023, the Ontario Superior Court of Justice declared that the first generation limit was unfair and unconstitutional, and the federal government brought forward Bill C-3 to fix it. Bill C-3 has received Royal Assent and is now in force , meaning the new Canadian citizenship rules are officially being applied.

This guide explains the new Canadian citizenship rules 2025 in simple English so families abroad can understand their rights under the legislation and new legislation.

Overview of Canada’s New Citizenship Rules (2026)

The Bill C-3 that Amends the Citizenship Act

Bill C-3 changes the Citizenship Act to:

remove the strict first generation limit rule for people already born abroad
restore citizenship to people who lost citizenship under old laws
allow some children born outside of Canada to receive citizenship automatically
set new requirements for future generations
update rules for adopted children
improve access to proof of citizenship through a citizenship certificate
clarify rights for people in special situations, including foreign diplomats

Who benefits from the new law

These groups may benefit:

individuals born or adopted outside Canada to a parent who is a Canadian citizen
Canadians born abroad who wish to pass on citizenship to their children
people affected by the old age-28 retention rule
people who were denied citizenship under previous laws
families with children adopted abroad
children of Canadians working globally
people applying under the interim citizenship process before the new law starts

How US Citizens Can Claim Canadian Citizenship via the “Grandparent Rule”

Many Americans are now searching whether they can claim Canadian citizenship through family history. Because Bill C-3 removed the strict first-generation limit for people already born abroad, some US citizens with Canadian ancestry may now qualify for Canadian citizenship by descent.

The change works by restoring or recognizing citizenship for a parent who may have previously lost or been denied citizenship under the first-generation limit. Once the parent’s citizenship status is recognized, the child may also qualify automatically if they were born before the new law took effect.

This means the law recognizes the chain of descent . Citizenship does not pass directly from a grandparent to a grandchild. Instead, the parent’s citizenship is fixed first, and then citizenship can pass down through the family line.

For many Americans with Canadian parents or grandparents, Bill C-3 may open new opportunities to confirm Canadian citizenship status. The biggest issue for many Americans in trying to claim Canadian Citizenship is the documentation needed to demonstrate your relationship to the ancestor who was Canadian. The further back your connect to Canada is, the more birth certificates and possibly marriage certificates you will need to provide - and getting your hands on these official documents is more difficult with the passage of time. Generally speaking, the first place to look for official documents is with the provincial or state registry and a quick Google Search can usually point you to the right office and the process you must follow to make such requests. Once official documents are in hand linking all of your generations, then it is possible to apply for Proof of Canadian Citizenship.

Benefits of US-Canada Dual Citizenship

No Tax Obligations

Canadian citizenship alone does not create Canadian tax obligations if you do not live in Canada. Taxes are generally based on residency, not citizenship.

Global Mobility

Canadian citizens can travel visa-free or with visa-on-arrival to many countries and can hold a Canadian passport.

Right to Relocate

Canadian citizens have the right to live and work anywhere in Canada without immigration restrictions.

Who does not benefit

The following groups usually do not qualify:

people with no Canadian parent
children born outside Canada starting Dec 15, 2025 if the Canadian parent does not meet the physical presence requirement
individuals who only have a Canadian grandparent (you cannot “skip” the parent)

Royal Assent and when the new law starts

Bill C-3 has received Royal Assent and is now in force , meaning the amended Citizenship Act is officially in effect .

The federal government has brought the new law into force, and Immigration, Refugees and Citizenship Canada (IRCC) is now applying the updated rules to citizenship applications.

Applications that were submitted under the interim measure, which allowed affected individuals to apply for a discretionary grant of citizenship while legislative amendments were pending, are being assessed under the new law. Individuals who applied for citizenship under interim measures do not need to reapply, as their applications will be processed under the new rules.

The new law is expected to affect between 350,000 and 500,000 individuals who may become Canadian citizens under the new citizenship-by-descent rules.

Understanding the First-Generation Limit

What is the first-generation limit under Canadian Citizenship Act?

Old Rule vs. New Rule: Canadian Citizenship by Descent

Under the old Citizenship Act, a child born outside Canada is automatically a Canadian citizen only if:

at least one parent was born in Canada, or
the parent became a naturalized citizen before the child’s birth

The location and timing of the child's birth are crucial in determining eligibility for Canadian citizenship under these rules. If the Canadian parent was also born abroad, they cannot pass citizenship automatically. This is the ‘first generation limit’ which created the “second generation born abroad” problem.

The first-generation limit created a class of ‘Lost Canadians’ who had family connections to Canada but could not themselves become citizens.

These individuals are commonly referred to as “Lost Canadians,” a term used to describe people who should have been Canadian citizens but were excluded due to technical rules in earlier versions of the Citizenship Act.

Why the first generation limit was introduced

The rule was created to stop unlimited birthright citizenship outside Canada for families who never lived in Canada. Before the introduction of the first-generation limit, eligibility for citizenship was determined based on a person's status in Canada prior to these legislative changes. But it affected many people unfairly, such as:

children of aid workers
children of people working overseas
children of government employees
children adopted outside Canada

For information about the differences between a visitor visa and a super visa for parents visiting Canada, see Visitor Visa or Super Visa? How to Decide | Expert Tips .

Court decision

The Ontario Superior Court deemed the first-generation limit unconstitutional, leading to the creation of Bill C-3. The court's decision was based on equality rights under section 15 of the Charter, recognizing that the limit discriminated against certain groups and failed to provide equal legal protections.

How Bill C-3 changes the rule

Bill C-3 removes the strict first-generation limit for people already born before the new law starts.

This means that many individuals who were previously denied citizenship may now already have Canadian citizenship status automatically under the new law.

Citizenship by Descent: What Changes in 2025

4.1. Citizenship through a Canadian parent

Previous rules of Canadian citizenship by descent

Under the previous rules, if you were born abroad, you were a Canadian citizen by descent only if your Canadian parent was:

born in Canada, or
naturalized as a Canadian citizen before your birth

If the Canadian parent was also born outside Canada, they generally could not pass citizenship to a child born abroad after April 2009, due to the first-generation limit.

New rules under Bill C-3

Bill C-3 expands access to Canadian citizenship by descent and applies differently depending on when the child was born or adopted.

Children born or adopted outside Canada before December 15, 2025

Individuals born or adopted outside Canada before December 15, 2025 may be recognized as Canadian citizens automatically if they had a Canadian citizen parent at the time of birth or adoption. In these cases, the previous first-generation limit no longer applies, and no physical presence or “substantial connection” requirement is needed. This change operates as a retroactive fix for many people who were previously excluded from citizenship.

Children born or adopted outside Canada on or after December 15, 2025

For children born or adopted outside Canada on or after December 15, 2025, Canadian citizenship by descent may be passed on beyond the first generation only if the Canadian parent demonstrates a substantial connection to Canada. This requires the Canadian parent, if also born abroad, to show at least 1,095 days (three years) of physical presence in Canada at any time before the child’s birth or adoption.

Citizenship certificate requirement

To show current citizenship, every person with Canadian citizenship by descent must apply for a Canadian citizenship certificate. This document is needed for a Canadian passport, a travel document, or immigration records.

4.2. Citizenship through grandparents

Old rule

Citizenship could not pass from a Canadian grandparent directly to a grandchild.

New rule

Bill C-3 may allow more grandchildren to obtain citizenship — but still not directly. Here is what happens:

If your parent becomes a citizen because of Bill C-3, you may also gain citizenship if you were born before the new law starts.
This is not “grandparent citizenship.” Instead, it fixes the parent’s status first, then yours.

Dual citizenship

Canada allows dual citizenship. Whether your other country does the same depends on its specific regulations.

Citizenship for Children Born Abroad Under the New Law

Automatic citizenship

Whether a child who is born abroad or born or adopted outside Canada becomes a citizen depends on when the child is born.

Before the new law starts

If the child was born before the coming-into-force date and has a parent who is a Canadian citizen, the child may automatically receive citizenship when Bill C-3 begins.

After the new law starts

For children born outside Canada after the law takes effect, citizenship will depend on whether the Canadian parent can prove a substantial connection to Canada.

Substantial connection rule

A Canadian citizen parent who was also born abroad can pass citizenship to a child born abroad only if they have 'substantial connection' to Canada

The substantial connection requirement is defined as having accumulated at least 1,095 cumulative days of physical presence in Canada at any time before the child’s birth.

This applies to:

natural children
children adopted abroad
second or subsequent generations born abroad

Scenarios

Parent born in Canada
The child becomes a citizen automatically.
Parent born abroad with 3+ years of physical presence in Canada prior to birth of child
The child becomes a citizen automatically.
Parent born abroad with no substantial connection to Canada
The child does not get citizenship automatically.
The child may need to go through the permanent residence process first, then qualify for Citizenship on their own merits.
Parent becomes a citizen via naturalization after the child is born
The child does not automatically obtain citizenship.

Proof of Citizenship Under the New Rules

What is a citizenship certificate?

A citizenship certificate is the official proof that someone is a Canadian citizen. It is required for:

passport applications
confirming citizenship status
accessing government services
proving Canadian citizenship by descent

Who needs proof of Canadian Citizenship?

You may need proof if you are:

a person born abroad
a child adopted outside Canada
someone affected by the first-generation limit
someone whose parent’s citizenship is restored
anyone unsure whether they already have automatic citizenship

Processing time

Processing times may vary depending on the volume of applications submitted under the new law, but are currently listed at 9 months. Some cases may qualify for urgent processing if a Canadian passport or travel document is required quickly.

Citizenship Restoration Under Bill C-3

Bill C-3 restores citizenship to many people who lost it under previous regulations.

Who qualifies

Citizenship may be restored if:

you lost it due to the old age-28 retention rule
you were affected by past gender discrimination
your family’s status was disrupted by the first-generation limit
you were adopted outside Canada under old rules
you fall under certain circumstances listed in the new law

Will children or grandchildren be included?

Yes. If the parent’s citizenship is restored, children born before the new law may also qualify for Canadian Citizenship automatically.

How the New Citizenship Law Helps Families Abroad

Bill C-3 supports families by:

allowing more people born abroad to claim citizenship
improving fairness for Canadians living globally
helping second-generation children maintain their connection to Canada
ensuring families have equal rights regardless of where a child is born
supporting global mobility through easier access to Canadian passports

This legislation strengthens the connection between Canadians and their country by reinforcing national bonds and reflecting modern family dynamics.

Parents who work or study overseas, serve in the federal public administration, or join the Canadian Armed Forces will now have clearer citizenship rights for their children.

The changes to the Citizenship Act reflect how Canadian families live today, allowing Canadians living abroad to ensure their children can become citizens.

Children born outside Canada before December 15, 2025, who are second generation or later will be granted automatic Canadian citizenship.

Step-by-Step: How to Apply for Citizenship by Descent (2025)

Step 1: Confirm eligibility criteria

You may qualify for citizenship by descent if:

you had a Canadian citizen parent at birth
your parent gains citizenship under Bill C-3
you were affected by the first generation rule
you were adopted abroad
you belong to a family with prior Canadian citizenship status

Step 2: Collect documents

You may need:

your birth certificate
your parent’s Canadian birth certificate or citizenship certificate
documents showing the family link
adoption documents (if applicable)
translations if required

Step 3: Apply for a Canadian Citizenship Certificate under Citizenship By Descent

Apply for a citizenship certificate online or on paper . This is the official proof of Canadian citizenship.

Step 4: Wait for processing

Processing times vary, especially during the transition to the new law.

Step 5: Receive your certificate

After approval and receipt of your Canadian Citizenship Certificate, you can apply for a Canadian passport.

FAQs

At The Way Immigration Citizenship and Immigration Calgary office, we have decades of experience helping clients with their Canadian citizenship. If you have any questions or need help with determining the citizenship status for yourself or a family member, contact the Best Immigration Consultants Calgary for a consultation today.

Am I a Canadian Citizen? Bill C-3 Eligibility & The 1,095-Day Rule (2026 Guide)

Tue, 17 Mar 2026 07:09:38 GMT

Summary

Navigating Canadian citizenship eligibility in 2026 comes down to understanding the new Bill C-3 legislation and the 1,095-day physical presence rule. For anyone born on or after December 15, 2025, a Canadian parent must prove a substantial connection to Canada. However, individuals born before this date are exempt from the 1095-day rule. This creates a massive opportunity for US citizens to claim Canadian citizenship through ancestry. By establishing a chain of descent from a Canadian grandparent, Americans born in the USA can determine their eligibility and successfully apply for a Canadian citizenship certificate from the US.

Many people are asking the same question in 2026: am I a Canadian citizen?

This confusion comes from recent changes to Canadian citizenship law under the Canadian Citizenship Act, the legislative framework that governs citizenship rules. For many years, the first generation limit stopped citizenship from passing from Canadian parents to children born outside Canada. This meant that if a Canadian parent was also born abroad, their children born outside of Canada often lost access to Canadian citizenship. These people are often called “lost Canadians” and many are now asking a new question: “Am I a Canadian citizen under Bill C-3?”

That has now changed. The Canadian government passed Bill C-3 , which updated the Citizenship Act . Bill C-3 received Royal Assent on November 20, 2025, and came into force on December 15, 2025.

Under the new rules, many people previously affected by the first generation limit may now have restored Canadian citizenship. Your eligibility depends mainly on one thing: your date of birth.

Born BEFORE Dec 15, 2025:

If you were born prior to December 15, 2025 , you may already be a Canadian citizen by descent . Bill C-3 retroactively recognizes Canadian citizenship by descent for persons born prior to December 15, 2025, who are in the second or subsequent generation born abroad, according to the Citizenship rules that applied before December 2025 amendments.

Born ON OR AFTER Dec 15, 2025:

If you were born on or after December 15, 2025 , your Canadian parent must meet the 1,095 days physical presence rule in order for you to obtain proof of Canadian Citizenship.

This guide explains Canadian citizenship eligibility, citizenship by descent (which is related to birthright citizenship for those born in Canada or to Canadian parents), and how the 1,095 days rule works.

Introduction to Canadian Citizenship

Canadian citizenship is one of the most respected citizenships in the world, offering individuals the right to live, work, and participate fully in Canadian society. The Canadian government has established clear laws to define who is eligible for Canadian citizenship and how it can be passed down through generations.

The Citizenship Act is the main law governing citizenship in Canada, and it has been updated several times to reflect changing values and circumstances.

One of the most significant changes in recent years is the introduction of Bill C-3. This new law, passed by the Canadian government in December 2025, Bill C-3 modifies the limit that previously restricted citizenship by descent to only the first generation born abroad and introduces substantial connection test .

As a result, many “Lost Canadians”—people who lost or were denied citizenship because of the old generation limit—now have a path to restored citizenship. Bill C-3 makes it possible for subsequent generations born abroad to claim Canadian citizenship, provided they meet the new requirements.

This shift marks a more inclusive approach to citizenship by descent and ensures that Canadian families around the world can maintain their connection to Canada.

Who Can Get Canadian Citizenship by Descent with the New Citizenship Act?

Canadian citizenship by descent applies to people born outside Canada to at least one Canadian parent.

Before Bill C-3, citizenship by descent stopped at the first generation born abroad. This one generation limit meant that second or subsequent generations born outside Canada were not Canadian citizens, even if their parents were Canadian citizens. The first-generation limit restricted citizenship by descent to only one generation born outside Canada, creating a class of 'Lost Canadians'.

Bill C-3 removed the one generation limit. Now, Canadian citizenship by descent can pass to a second or subsequent generation born abroad, as long as the new rules are met. Under the new law, descent provided through a direct Canadian ancestor allows citizenship rights to be extended to more individuals.

This change allows more people to claim Canadian citizenship through ancestry and confirms Canadian citizenship status for many families affected by old rules.

Can I Get Canadian Citizenship Through My Canadian Parents?

A very common problem is this: “My parent is a Canadian citizen, but I was told I am not eligible because my parent was also born outside Canada.”

This issue was created by the first generation limit in the Citizenship Act. Bill C-3 directly fixes this problem.

If you were born before December 15, 2025 , your Canadian citizenship status is automatic and retroactive . You do not need to show that your Canadian parent spent any specific amount of time in Canada. You only need proof of your parent-child relationship and proof that your parent was Canadian.

If you were born abroad after December 15, 2025 , your Canadian parent must demonstrate at least 1,095 days of physical presence in Canada before your birth or adoption to transmit citizenship to you. This requirement ensures that the parent’s connection to Canada is established prior to the child's birth.

If your Canadian parent is deceased, you may still be eligible. As long as your parent would have qualified under the new law at the time of your birth, you can still apply for a Canadian citizenship certificate.

Canadian Citizenship Status Through Grandparents: What Is Possible in 2026?

Some people ask whether they can get Canadian citizenship through grandparents.

A Canadian grandparent alone is not enough. You cannot skip a generation. Citizenship does not pass directly from a grandparent to grandchildren if the parent link is missing.

However, Bill C-3 restores citizenship retroactively. This means your parent may now be recognized as a Canadian citizen, even if they never applied before. Once your parent’s citizenship is restored, you may qualify as a child of a Canadian citizen.

This is known as the chain of descent. As long as there is an anchor ancestor who was born in Canada or acquired citizenship through naturalization in Canada, the citizenship chain can now be restored for many families.

The US "Grandparent Rule" in Practice: Are You Eligible?

Many Americans searching about the new Canadian citizenship law ask a similar question: “Am I already a Canadian citizen because my grandparent was Canadian?”

The answer usually depends on whether the chain of citizenship between generations can be restored under Bill C-3. The process can be understood through three parts: the Anchor, the Parent, and the Applicant.

The Anchor

The anchor is the original Canadian citizen in the family line. This person was either born in Canada or became a naturalized Canadian citizen.

The Paren t

The parent is the next link in the chain. Under older citizenship laws, this parent may have lost or never received Canadian citizenship because of the first generation limit. Bill C-3 may now restore or recognize this parent as a Canadian citizen retroactively.

The Applicant

The applicant is the person asking the question today: “Am I a Canadian citizen?” If the parent is recognized as a Canadian citizen and the applicant was born before December 15, 2025, the applicant may already be a Canadian citizen by descent.

This is why many people with Canadian grandparents are now discovering they may qualify for Canadian citizenship — not directly through the grandparent, but through the restored citizenship of their parent.

Eligibility Rules: Children Born Before vs. After December 15, 2025

Understanding your date of birth is critical for Canadian citizenship eligibility, especially for individuals born prior to December 15, 2025 .

Born Outside Canada Before December 15, 2025

If you were born before December 15, 2025 , your Canadian citizenship may now be recognized automatically under Bill C-3, which retroactively restores citizenship for many people who were previously excluded by the first-generation limit.

The 1,095 days rule does not apply. You do not need to prove physical presence or a substantial connection to Canada. You only need proof that you are the child of a Canadian parent, even if that parent was born abroad.

This group includes many lost Canadians and people previously affected by the first generation limit .

Born Outside of Canada On or After December 15, 2025

If you were born on or after December 15, 2025 , Canadian citizenship is conditional.

Your Canadian parent must prove they were physically present in Canada for at least 1,095 days before your birth. This is sometimes called the substantial connection rule.

Without meeting this requirement, Canadian citizenship by descent is not available for children born outside Canada after this date.

What Is the 1095 Days Canadian Citizenship Substantial Connection Rule?

The 1,095 days rule means three years of physical presence in Canada.

A Canadian parent must have been physically present in Canada for a total of 1,095 days before the child’s birth. This presence can happen at any time in the parent’s life before the child is born.

Time spent in Canada as a child, student, worker, or resident can all count toward the total.

Cumulative vs. Consecutive Physical Presence

The 1,095 days do not need to be consecutive.

Days can be cumulative. For example, childhood years in Canada, summer jobs, university semesters, and later work experience can be combined to reach three years.

This flexibility helps many Canadian parents meet the substantial connection requirement.

How to Prove 3 Years of Physical Presence in Canada

Proving physical presence is an important part of the application process.

Common proof includes employment records, T4 slips, pay stubs, academic transcripts, provincial health records, immunization cards, rental agreements, and utility bills.

These documents are usually submitted when applying for a Canadian citizenship certificate if the substantial connection test must be met.

The Government of Canada provides an official physical presence calculator used to count days spent inside and outside Canada accurately. This tool helps confirm whether the 1,095 days requirement is met.

Citizenship for Children Adopted Abroad Under Bill C-3

Bill C-3 also applies to adopted children.

For adoptions that occur on or after December 15, 2025 , the same 1,095 days physical presence rule applies to the Canadian parent. In the context of adoption, this means that for a child adopted abroad to acquire Canadian citizenship, the Canadian parent must demonstrate at least 1,095 days of physical presence in Canada before the adoption. This ensures fairness between children born abroad and children adopted abroad.

Adoptions that happened before this date may benefit from automatic restored citizenship, depending on the facts of the case.

Applying for Citizenship

If you believe you are eligible for Canadian citizenship by descent , understanding the application process is essential. Individuals born outside of Canada to a Canadian parent may qualify for citizenship, but they must follow specific steps to confirm their status.

The process begins by gathering key documents, such as your birth certificate and proof that your parent is a Canadian citizen. These documents are submitted to Immigration, Refugees and Citizenship Canada (IRCC) as part of your application.

The application process for a Canadian citizenship certificate can take several months to a year or more, depending on the complexity of your case and the current processing time at IRCC. It is important to ensure that your application is complete and that all required proof is included to avoid unnecessary delays. Once your application is approved, you will receive a Canadian citizenship certificate . This certificate is the official proof of your Canadian citizenship and is required if you wish to apply for a Canadian passport or access other rights and benefits in Canada.

By following the correct process and providing the necessary documentation, eligible individuals born outside of Canada can secure their Canadian citizenship status.

Verification and Legal Admissibility

Proving your right to Canadian citizenship by descent often comes down to documentation and legal verification.

The main challenge for applicants is not the legal theory, but providing solid proof that each link in the family chain meets the requirements of the Citizenship Act as it existed at the time of each birth.

Lawyers and legal professionals carefully review the family timeline, checking which version of the Citizenship Act applied at each ancestor’s birth—such as the 1947 Act, the 1977 Act, or the most recent amendments.

To establish an unbroken chain of Canadian citizenship, you must provide evidence that every ancestor in your lineage was a Canadian citizen at the time the next generation was born. This may involve tracking down old birth certificates, citizenship certificates, and other records.

Legal professionals also help resolve issues like name changes, shifting country boundaries, or cases of dual citizenship.

They calculate important dates, such as when citizenship was lost or retained, and identify any missing documents that could affect your application. Proper legal verification ensures that your claim to Canadian citizenship is both accurate and admissible, giving you the best chance of success in the application process.

Who Is Not Eligible for Canadian Citizenship?

You are not eligible if you have no Canadian parent and only a Canadian grandparent with no restored parent link.

You are also not eligible if you were born after December 15, 2025 and your Canadian parent never reached 1,095 days of physical presence in Canada before your birth.

FAQs — Canadian Citizenship Eligibility

Final Notes on Bill C-3 and Canadian Citizenship

Bill C-3 was passed after the Ontario Superior Court of Justice declared the first generation limit unconstitutional. The justice declared that the old rules were unfair, which led to new law changes.

These new rules restore citizenship for many people previously affected and update how Canadian citizenship works for future generations.

If you are unsure about your eligibility, your parent’s physical presence, or your citizenship status, getting professional advice can help you understand your options and next steps.

What should be included in an employment reference letter for immigration to Canada?

Tue, 04 Nov 2025 18:22:00 GMT

Many Canadian Immigration applications request employment reference letters as part of their document checklist to prove your work experience. It might be an Express Entry application , family sponsorship, a work permit or other application to Canada.

In this article, we are dealing only with the employment reference letters used to prove past employment, and not the job offers used to support future employment that are needed in some categories of Express Entry or work permits - the job offer letter has different criteria.

What is a letter of employment/ employment reference letter for express entry or work permit?

Immigration, Refugees and Citizenship Canada (IRCC) has standard requirements when it comes to reference letters submitted for Canada PR . They are not looking for a good conduct reference letter of a person as some people assume. Rather, IRCC is looking for the employer to confirm specific information of the past work to allow an officer to assess the work experience of a certain NOC code under relevant immigration policies such as the CRS points under Express Entry .

Usually a separate letter is required from each employer. Multiple roles with the same employer can be covered in the same letter.

The employment reference letter is one of the essential supporting documents for any Canada PR application based on employment history, such as under the Express Entry programs. It is an official document printed on company business letterhead and signed by a company official with specific information. It does not need to be signed by your direct manager, but anyone with the necessary authority to sign such letters, such as HR personnel at the company is acceptable.

The letter must include the following IRCC required information:

Your full name
Company business contact details (address, telephone number, email address)
Name, title and signature of the person signing the letter, such as the immediate supervisor or the manager
All roles held while employed at the company
Job title(s)
Main duties/responsibilities (for each role/ NOC code held)
Dates worked for the company in each role
# of hours per week
Annual salary plus benefits

Example - Sample Employment Reference Letter

[Company Letterhead or Logo]
[Full Company Name]
[Company Address]
[City, Province/State, Postal Code]
Telephone: [Company Phone Number]
Email: [Company Email Address]
Date: [Insert Date]

To Whom It May Concern,

This letter is to confirm that [Employee’s Full Name] was employed with [Company Business Name] in the following role(s) (note if previous job, use the past tense and add the date of ending of employment):

Main Duties and Responsibilities

During [his/her/their] employment as a [ Position Title] , [Employee’s First Name] performed the following key job duties (You can reference the NOC code description but do not write the same order of the responsibilities and same number of duties in the NOC code):

[Duty 1 – e.g., Supervised and coordinated daily kitchen operations, ensuring compliance with food safety standards.]
[Duty 2 – e.g., Trained and supervised junior staff to maintain consistent quality and productivity.]
[Duty 3 – e.g., Managed inventory and supply orders to reduce waste and maintain cost efficiency.]
[Duty 4 – e.g., Wrote reports on production metrics and performance outcomes.]
(Add or adjust as necessary for each role.)

[Employee’s First Name] worked an average of [number] hours per week under [role type, e.g., full-time permanent] status.

[He/She/They] demonstrated strong professional conduct and contributed significantly to our organization throughout [his/her/their] tenure.

If you have any questions or require additional information, please do not hesitate to contact me at [supervisor’s phone number] or [supervisor’s email address] .

Sincerely,

[Manager Full Name]
[Manager Title]
[Company Name]
[Signature]

Issues with Getting an Employment Reference Letter for Canadian Immigration

We see many people struggle to get a letter from past employers that will meet the Canadian immigration specifications above. Many countries do not issue letters of employment that include all the above details required by Immigration, Refugees and Citizenship Canada (IRCC). Sometimes you may have left your previous employment on bad terms and cannot expect your past employer to provide you with a proper letter. Or, you are still working in your role, and do not want to signal your future plans to your current employer. Sometimes the company that you worked for has closed and there is no employer left to issue the employment verification letter.

These barriers can cause problems with proving your work history for a Canadian immigration application. The reference letter is the normal way to prove employment history, but where you simply cannot get it, it is still up to you, the applicant, to prove your past work experience by other means. You can provide alternate evidence to confirm your past employment to allow IRCC to verify that it meets the standards necessary to approve your application.

If you cannot obtain an employment reference letter for Canada PR

If for any reason you cannot obtain an employment letter that meets all of the above criteria, there are other options to provide alternate documentation to prove your work history. It is possible to collect other relevant documents such as salary information, pay stubs, company details, contracts, promotion letters, etc. as alternative documentation to confirm your job status with a past employer. Exactly what to produce - the combination of documents and information to establish the details - will be different for each individual situation.

If you find yourself unable to obtain a proper letter of employment for your Canadian Immigration application, contact our office for assistance. If you were an worker who did indeed work in the role, we can usually brainstorm together to create a custom evidence package that will satisfy the officer reviewing the file that your past work experience qualifies.

I have the letter but it's missing some information!

One common mistake that we see in our office is a letter of employment that is deficient in some way. The reference letter may not list the main duties of the NOC code, or include job duties sufficient to satisfy an officer that the applicant meets the requirements of the NOC code or TEER category which is the basis of their application. Or the letter may not confirm the exact date of service for each position held, the hours the person worked (full time or part time), exact salary, or other details.

A template or sample reference letter from someone else is not likely to be enough. Each work experience, and thus every letter of employment, will be different.

If you have a cooperative employer, you might provide a link or printout of what the letter needs to contain when you make the request. Or, you can retain an immigration professional to assist you to draft the letter that contains all the necessary information to make it as easy as possible for the employer for your Canada PR. You can explain to the employer that this is a very different type of letter than HR normally provides given the extra details needed, so you haven take the liberty of preparing it. Ask the employer to review it and, assuming they concur it is accurate, put it on letterhead and sign it. For an employer willing to assist you, this saves them time and work and you can have confidence the letter will meet IRCC program requirements.

Employment verification letter when you were self-employed….

It is important to note that a reference letter on its own will not be sufficient to prove any self-employment that you are claiming as relevant to your Canadian immigration application. If you were your own boss, IRCC is not going to accept a letter of employment that you have written for yourself as the only evidence of what took place during that period of time. You will need additional supporting documentation in order to meet IRCC's guidelines.

The evidence an officer will expect to see as sufficient proof of self-employment will be different for every situation. We advise you to get professional help whenever self-employment is a material factor in a Canadian immigration application. You will need professional assistance in order to gather sufficient evidence of your self-employment, and to ensure that the documents you provide demonstrate the material factors the officer will need in order to approve your application.

Is the letter of employment the same as a job offer letter?

A letter of employment is not the same as a job offer . An offer letter is issued before you start working and serves to confirm that an employer is offering you a position, outlining the terms such as position title, start date, salary, and work conditions. In contrast, a letter of employment is issued after or during your work duration to confirm that you have actually worked for the company. It includes details such as your job title, duties, start and end dates, hours worked, and salary. In short, an offer letter confirms a promise of position offered, while a letter of employment confirms proof of past or current employment.

At The Way Immigration citizenship and immigration Calgary office, we work regularly with employment reference letters, plus preparing and reviewing other evidence to prove past work experience for Canadian immigration applications. Providing sufficient evidence of past employment is critical to the successful process of your permanent residence application. Contact the Best Immigration Consultants Calgary to arrange a consultation today, so that you can be assured of success with your immigration application.

Top Ten Tips After Approval as a Permanent Resident of Canada

Tue, 04 Nov 2025 09:38:00 GMT

Congratulations on being approved for Permanent Residence! Now that you’ve achieved this important Canadian immigration milestone, we are pleased to share with you our best ten tips to make sure everything goes smoothly from here.

Ensure you have actually “Landed” as a Permanent Resident - COPR Canada

It’s not enough to receive notification that your permanent residence application was approved. There are a few extra steps to finalize the process with Canadian immigration after you receive a permanent resident visa before you actually obtain Canadian Permanent Resident status.

The process of receiving confirmation of permanent residence differs depending on whether you are physically outside Canada or inside Canada at the time you are approved.

Landing from outside Canada - the Landing Process and the COPR Document

If you are outside Canada when your application for Permanent Residence is approved, you will receive a Confirmation of Permanent Residence (COPR) paper from Canadian immigration to confirm your new immigration status. Read your Permanent Residence COPR carefully before making travel plans to Canada. If there are any errors on your confirmation of permanent residence, or any information is outdated (especially marital status or dependent children), it is very important to get professional advice on how to handle it, in order to avoid border problems upon arrival to Canada.

You will "become landed" upon arrival at a Canadian airport or land border and confirm your PR status in a quick conversation with an officer. The border officer will conduct an immigration landing interview with you and your accompanying family members to check your COPR and other documents.

If you are flying to Canada, this will occur at the first airport where you arrive. The immigration process can take some time, e.g. waiting in line, so ensure you have at least 3 hours layover before any connecting flights. Your permanent residency status begins on the date that you arrive to Canada and undergo the landing interview at the airport.

Landing from inside Canada on the Permanent Residence Portal - the Electronic Confirmation (E COPR)

If you are inside Canada with valid temporary status when approved for PR, the landing process will be done virtually through an online portal in your PR account.

You will receive emails from Immigration, Refugees and Citizenship Canada (IRCC) asking to confirm your email address as well as your physical presence and address in Canada. (You cannot be landed virtually when outside Canada). If all is in order, you will be sent the instructions with password to access your e-COPR in the Permanent Residence Portal.

Your e-COPR provides electronic confirmation of your new status as a Canadian Permanent Resident. The printed document can be used to apply for government benefits such as a permanent social insurance number.

You will also be asked to upload a photo to your portal account, which will be used to make your first PR card . The card will be sent to you in the mail in a few weeks and is valid for 5 years.

Spend time inside Canada per Canadian immigration requirements

Residency requirements must be met to retain your permanent resident PR status.

You must live in Canada for at least 2 years out of each 5-year period. The 2 years do not need to be consecutive, meaning you could live one day in Canada and the next day somewhere else on a regular basis and you would still meet the residency requirement.

The 5-year period is a rolling calculation, which means that every day starts a new 5-year look back period. You will need to prove you've met the requirement whenever you re-enter Canada or apply to renew your new PR card.

Keep a record of your travels outside of Canada

It is up to you to prove your time spent inside Canada. It is a good idea to keep your boarding cards when flying, and ask to have your passport stamped whenever possible. If you are travelling by car into the United States, stop and get gas on both sides whenever you cross the border. The receipts will help to prove when you entered the US and when you returned to Canada.

Later on, you will likely want to renew your PR card or apply for Canadian Citizenship . In both cases, you will need to confirm all the dates you were inside and outside of Canada. It’s much easier if you keep good records on an ongoing basis.

Know the requirements of the program that you were approved under

If your application for Permanent Residence required you to have settlement funds, you will need to prove the minimum level of funds in your account during your landing appointment. Ensure you provide recent bank statements, and monitor the currency conversion rates to ensure your savings meet the minimum required Canadian dollar equivalency. Also be aware of the most recent settlement funds levels if you applied in one calendar year but are landing in the following year, since they are updated annually.

For some categories, such as a spouse or common-law family sponsorship, you are required to move to Canada immediately upon landing. In other categories, you can enter Canada to “land” but then return overseas and move to Canada at a later date, in time to meet your residency requirement.

If you are a Provincial Nominee, you must live in the province that nominated you and establish a permanent address there. Expect to get questions at the port of entry if your onward ticket is not taking you to that province.

Keep your original Confirmation of Permanent Residence (COPR)

If you received a paper COPR, keep the original in a safe place and also make an electronic copy. If you received the e-COPR, it is a good idea to print and keep a paper copy as well as the digital copy.

Even once you have your Permanent Residence card, the COPR is an important document that you may need at some point to confirm your status in the future.

Don't leave Canada until you have your first PR card

It can take about 2-3 months to receive your first PR card once you are landed as a new Permanent Resident. Permanent residents always need their PR card to board commercial transportation to return to Canada because they are not eligible for a temporary resident visa, or an eTA from a visa-exempt country.

If you must leave Canada before your PR card arrives , keep in mind that you will need to wait overseas until you can have someone retrieve your mail from a Canadian address and send the card to you; or you will need to apply for a Permanent Resident Travel Document from the nearest Canadian visa office to return to Canada.

Always maintain a valid PR card

Your PR card will be valid for five years. Renewals can take up to 6 months, so plan to renew well ahead of the expiry date. Even if you have no plans to travel abroad, it is recommended to always have a valid PR card, as this ensures you can return easily if you need to leave Canada unexpectedly.

With the introduction of the Electronic Travel Authorization (eTA), even visa exempt individuals must have a valid PR card (except for US citizens). You can no longer travel on a passport alone, and you can’t obtain an eTA once you have permanent residency.

Official document for travel

You can use a valid PR card or a PR Travel Document as official document as proof of permanent residency to return to Canada.

Apply for Canadian Citizenship

If you plan to make Canada your permanent home, we recommend you apply for Canadian Citizenship as soon as you are eligible, particularly if you plan to raise a family in the country.

Although as PR, you get access to most social benefits as citizens, such as SIN for employment and provincial healthcare coverage; permanent residents can lose their status in certain situations whereas Canadian citizens cannot.

You can apply for Canadian Citizenship once you have lived in Canada as a Permanent Resident for a total of 3 years within a 5-year period. Time spent in Canada as a temporary resident before obtaining permanent residency status is counted as ½ days, up to a maximum of 365 days. For example, if you lived continuously in Canada as a temporary resident for 2 years before landing as a PR, you can count up to one year of that time towards your 3 years and apply for Canadian Citizenship after you have been a PR in Canada for 2 years.

File your Canadian taxes each year

Your tax filing documents are an important component of your future applications for Citizenship or PR card renewal. It’s important that you file your annual Canadian income tax returns on time. Under most circumstances, you will need to file taxes in order to receive tax related benefits.

Stay out of legal trouble

Permanent residents must respect all Canadian laws at the federal, provincial and municipal levels, and may be deported if they are convicted of a crime in Canada.

If you are a Permanent Resident and find yourself in criminal trouble, it is key that your defense lawyer is familiar with the immigration implications of any proposed sentence in your case, BEFORE your criminal case is finalized.

At The Way Immigration, we are home to the best immigration consultants in Alberta . We are always available to answer your questions related to your Confirmation of Permanent Residence (COPR) documents or help you with issues arising at landing, or with your Permanent Resident status. We can also advise you on family sponsorship from overseas for permanent residency, and assist with your application for Canadian Citizenship. Check out our website to book a consultation with one of our Canadian immigration consultants in Calgary today.

French Language Proficiency and Express Entry: A Complete Guide

Tue, 04 Nov 2025 06:50:25 GMT

Why French and English Matter for Canada PR

If you have French language skills as well as English language skills, Canada may be a great place to build your future, as the French proficiency factor is significant in various aspects in Canadian immigration and for French speakers looking to build a future life here.

Canada values people who have language skills and abilities in both official languages. These language abilities can help you to be eligible for Canadian Permanent Residence (PR), especially through Express Entry French category, depending on your English and French language test results.

The Canadian government plans to welcome almost 30,000 French-speaking newcomers in 2025 , and this number is expected to grow to 31,500 by 2027 with the ongoing Francophone immigration programs.

The Official Languages Action Plan is investing $137.2 million over five years to support and promote Francophone immigration to Canada.

French speaking candidates generally earn an additional 62 points by improving their French language skills to a CLB 7, especially when combined with other factors like education, work experience, and English ability.

Canada Has Two Official Languages

The two official languages are English and French. French is mainly spoken in Quebec but also in many other parts of of the country.

To support French-speaking communities, Canada has specific categories of permanent residence immigration programs for French-speaking candidates with bilingual abilities with a certain level of French proficiency.

What Is the Express Entry System in Canadian Immigration?

Canada uses the Express Entry system to issue invitations to skilled workers to apply for permanent residence, with specific identified economic goals in mind.

Express Entry Canada PR includes three programs (click on each to learn about the eligibility details):

Federal Skilled Worker Program (FSW)
Canadian Experience Class Program (CEC)
Federal Skilled Trades Program (FST)

If you meet the eligibility criteria of one of these programs , you can enter the Express Entry pool.

The Comprehensive Ranking System (CRS) is a points-based system used by the Canadian government to rank immigration candidates based on their qualifications and skills .

The maximum comprehensive ranking system CRS score a candidate can get is 1,200 points. Immigration, Refugee and Citizenship Canada invites top ranked candidates to apply for Canada PR in each invitation round.

Category-Based Selection and Express Entry French Language Proficiency Based Selection

There are different types of Express Entry draws within the Express Entry program.

In addition to rounds of general draws, Canada holds special category-based draws and sometimes even program specific rounds, which focus on specific skills, such as the Express Entry French language proficiency draws , and are evaluated based on the comprehensive ranking system CRS .

Express Entry draw rounds focused on French proficiency often have lower CRS cut-off scores than regular draws, making it easier for candidates that speak French to qualify for Permanent Residence in Canada.

With strong French language skills, those who meet the French proficiency requirements and have the appropriate NCLC level 7 (Les Niveaux de compétence linguistique canadiens) have a better chance of becoming invited under the French language proficiency draws in the Express Entry system and receive invitations to apply for PR, even if their total CRS score is lower that that required for general draws.

Real Example: What is the CRS score in Express Entry Draws for French category?

On March 21, 2025, in one of the most recent round of draws, Canada issued 7,500 invitations to candidates under the French language proficiency draws.

The minimum score required was 379 for candidates with eligible French skills.

This is much lower than the recent round of CRS score in the Canadian Experience Class program (CEC) Express Entry draw , where the lowest ranked candidate that received an invitation in the most recent draw has a pass mark minimum points of 549 .

What are the French Language Proficiency Express Entry Requirements?

To qualify as a candidate for the French language proficiency category, you must meet the following eligibility criteria:

Be eligible for one of the three Express Entry programs
Score at least CLB 7 in French in all four skills: speaking, listening, reading, and writing
Have at least CLB 5 in English (higher scores are better for your CRS)

What Are the Accepted French Tests?

You must take a test before submitting your profile to prove your NCLC level .

To demonstrate your French proficiency, you can take either:

TEF Canada (Test d’évaluation de français)
TCF Canada (Test de connaissance du français)

Both TEF Canada and TCF Canada test check your skills in:

Speaking ability
Listening comprehension
Reading comprehension
Written French

Your French skills scores are converted from NCLC level (Les Niveaux de compétence linguistique canadiens) to CLB levels . A CLB score of 7 in all 4 aspects is needed to qualify for the Express Entry Francophone stream.

Accepted English Tests for Express Entry

To demonstrate your language proficiency in English, you can take:

IELTS (International English Language Testing System) General Training
CELPIP General
PTE Pearson Test of English Core

The academic versions of these tests are not accepted for immigration.

Minimum Language Requirements for French Speaking Skilled Workers under the French Language Proficiency Category

You must score:

CLB 7 or higher in French in all four abilities
CLB 5 or higher in English (for bonus points and eligibility)

What Is the CLB?

CLB stands for Canadian Language Benchmark .

It is a system used in Canada to describe language ability levels.

You must reach certain CLB levels to qualify for general Express Entry draws and category-based draws.

Step-by-Step: How to Apply Through Express Entry for Canadian Permanent Residency

Let’s break down the Express Entry process.

Step 1: Check Your Eligibility as an Express Entry Candidate under Federal Skilled Worker Program/ Canadian Experience Class/ Federal Skilled Trade

You must first see if you meet the criteria to qualify as the principal applicant for one of the three programs in order to enter the Express Entry pool as an Express Entry Candidate.

Note that Canadian Experience Class has seen the most draws in the recent years, as Immigration and Citizenship Canada has been prioritizing candidates that are already inside the country.

Federal Skilled Worker Program (FSW)

At least one year of full-time (or equivalent) skilled work experience in the last ten years
CLB 7 in either English or French
Secondary school education (minimum)
Have a minimum score of 67 out of 100 on the FSW points grid

Canadian Experience Class Program (CEC)

At least one year of skilled work experience in Canada in the last three years
CLB 7 (if your job is TEER 0 or 1); CLB 5 (if TEER 2 or 3)
No minimum education required

Federal Skilled Trades Program (FST)

Two years of full-time experience in a skilled trade in the last five years
CLB 5 (speaking and listening), CLB 4 (reading and writing)
Valid job offer or trade certification in Canada
No minimum education required

Step 2: Take Your Language Tests

Take both English and French tests if you want to qualify for the bilingual points or the French-language category draw as a candidate.

Make sure the test covers all four abilities - listening, speaking, writing and reading.

Note that the test results are valid for 2 years .

Step 3: Get Your Education Assessed (ECA)

If you completed your education outside Canada, you’ll need an Educational Credential Assessment (ECA) . This report tells IRCC what your foreign degree or diploma is equal to in Canada. The ECA is required for getting point score for your education. You need to get an ECA for immigration purposes .

You can get your ECA from approved organizations like:

WES (World Education Services)
ICES (International Credential Evaluation Service)
IQAS (International Qualifications Assessment Service)
CES (Comparative Education Service)
ICAS (International Credential Assessment Service of Canada)

An ECA report is usually valid for 5 years .

Step 4: Create Your Express Entry Profile under the Comprehensive Ranking System CRS

Go to the IRCC website and submit your Express Entry profile to participate in draws for invitations to apply for PR.

You’ll include:

Language test scores
Education history
Work experience
Personal details

Once you start, you only have 60 days to complete and submit your Express Entry profile. Otherwise, you’ll have to start again.

Once created, your profile should be kept up to date to reflect any changes in your circumstances, for example, marital status, employment changes, language results, etc.

Your profile will be valid for 1 year, or until your language test or educational assessments expire. If necessary, you can create a new profile when the old one expires.

Step 5: Get Your CRS Point Score

Your profile will be given a CRS point score based on:

Age
Education
Work experience
Language skills
Job offers or Canadian connections (if any)

If you have an accompanying spouse or common-law partner, you may receive points for their factors as well.

You can use the CRS calculator to estimate your score.

Step 6: Wait for a Draw and an Invitation

IRCC holds Express Entry draws regularly.

If your profile matches the requirements for a French language proficiency category draw , you may receive an Invitation to Apply (ITA) under this category if your CRS point score is sufficient for the specific round. There is no need to register for the category separately.

Step 7: Submit Your PR Application

If you receive an ITA, you must submit your electronic Application for PR (eAPR) within 60 days.

You will need:

Medical exam results
Police certificates
Proof of funds
Employment and education documents
Language test results

Step 8: Get Approved and Move to Canada

If your application is approved, you will receive a Confirmation of Permanent Residence (COPR) .

If you are outside Canada , you will receive your COPR and a permanent resident visa (if needed). You must enter Canada before the expiry date on your documents to officially become a permanent resident. After arriving, your PR card will be mailed to your Canadian address.
If you are already inside Canada , you will be asked to complete the landing process either online through the PR Confirmation Portal or in person if needed. Once confirmed, your PR card will be sent to your Canadian address.

The PR card is your official proof of permanent resident status in Canada and is needed for travel outside and back into the country.

Once everything is finalized, you can begin your new life as a permanent resident of Canada

French Language Proficiency Draws - Speaking French Can Give You an Advantage

Category-based draws under the EE program for French speakers are becoming more frequent.

Because the CRS points cutoffs are lower, if you speak French, you can qualify for Canada PR by becoming one of the top ranking candidates in the French draw, even if your overall point score isn't very high — as long as your French ability is strong.

French Helps Beyond Immigration

French speaking skilled workers don’t just benefit from getting more immigration points; general French language skills also greatly benefits French speaking immigrants in various sectors as it is considered an important adaptability factor in your life in Canada.

French speakers can also utilize their French speaking skills:

Getting a job in Canada with your second language skills
Communicating with more people
Feeling more confident in daily life

Bilingual Candidates Are in Demand

Francophone immigration programs are in place because Canada wants more people who speak both French and English.

Bilingual workers are needed in and out of Francophone communities, especially in:

Government jobs
Customer service
Health care
Education
Public service roles

At The Way Immigration , we are experienced in various permanent residency programs including the Express Entry, provincial nominee program, and sponsorship of family members. If you are a candidate that can speak French as a second language, we can help you assess your eligibly, advise on which French language test to take, and guide you through your journey to Canadian permanent residency. Call us today to book a consultation.

Open Spousal Work Permit during Sponsorship

Fri, 10 Oct 2025 12:28:00 GMT

Are you a spouse or common-law partner of a Canadian citizen or permanent resident? Are you planning to apply for Canadian permanent residence under spousal sponsorship ? If so, you may be eligible to apply for a spousal open work permit that will allow you to work in Canada while your sponsorship permanent residence application is being processed, provided that you demonstrate a genuine relationship and are living in Canada with your partner.

In this blog post, we will discuss a variety of common topics related to the spousal open work permit for partners who are being sponsored.

Introduction to Open Work Permit

An open work permit is a unique type of permit in Canada that allows foreign nationals to work for almost any employer, in any location, without being restricted to a specific job or company. This flexibility makes open permits especially valuable for spouses or common-law partners being sponsored by Canadian citizens or permanent residents. It enables eligible family members to join the Canadian workforce and contribute to the economy while their permanent residence sponsorship application is being processed. Open work permits also help families stay together, support themselves financially, and gain Canadian work experience while waiting for a final decision on a PR sponsorship.

Who can apply for an open spousal work permit while being sponsored as a spouse or common-law partner for permanent residence?

To apply for an open work permit, you must be the spouse or common-law partner of a Canadian citizen or permanent resident who has submitted a sponsorship application for you. Meeting the eligibility requirements is essential, which includes having valid temporary resident status in Canada—such as being a visitor, student, or worker—living with and being able to demonstrate a genuine relationship with your Canadian sponsor. Eligibility also depends on you and your sponsor meeting the requirements at the time of application submission and when a decision is made. If you meet these requirements, you may be eligible to apply for an open work permit and begin working in Canada while your permanent residence application is processed.

If you are being sponsored for permanent residence as a spouse or partner of a Canadian citizen or permanent resident, you could be eligible to apply for a spousal open work permit. An open work permit holder can work for any employer in Canada, in any job.

The Eligibility Criteria for a Spousal Open Work Permit

To be eligible for a spousal open work permit (SOWP) based on your sponsorship application, the following must apply:

You have submitted a permanent residence application under either:
the inland spousal ** or common-law partner sponsorship**, or
the family class (overseas) sponsorship application
You have received your Acknowledgement of Receipt (AOR) or file number from Immigration, Refugees and Citizenship Canada (IRCC).
You have valid temporary resident status in Canada (visitor, student, or worker), or are eligible to restore your status, and are living with your sponsor.
You are not inadmissible to Canada for criminal, medical, or other reasons.
You are living together with your Canadian sponsor, in Canada.

When can my sponsored spouse apply for a spousal open work permit (SOWP)?

Your common-law partner or spouse can apply for a spousal open work permit after you’ve submitted the sponsorship application and received a file number from IRCC.

This applies to both:

Inland sponsorship applicants , and
Overseas (family class) applicants , as long as the principal applicant is already in Canada with valid temporary resident status.

It is important to note that the eligibility criteria have changed from the previous eligibility requirements, especially following recent regulatory updates. In the past, only inland applicants were eligible for the open work permit.

How do I apply for a spousal work permit Canada?

An open work permit on the basis of your sponsorship application is an online application, submitted through your IRCC account. It must be submitted through the my CIC portal , not through the PR portal where your sponsorship application was submitted.

To apply, you will need to provide the the required documents listed below.

The fee is $255 CAD, which includes a processing fee and an open work permit holder fee.

Spouse Open Work Permit Document Checklist

When applying for a Canada spousal open work permit, it’s important to include all required documents. A complete application often includes:

Proof of relationship (marriage certificate, common law declaration, joint account documents)
Copy of sponsorship application Acknowledgement of Receipt (AOR)
Valid passport (all pages, including stamps and visas)
Digital photo meeting IRCC specifications
Proof of valid temporary status in Canada (visitor record, study permit, or work permit)
Application forms completed through your IRCC account
Processing fee ($255 CAD) and biometrics fee, if applicable
Additional documents if requested by IRCC (such as police certificates or medical exams)

Having a clear and organized spouse open work permit document checklist reduces the risk of refusal or delays.

Do I need to pay a biometrics fee for a spousal open work permit application?

You will need to pay the biometrics fee with your permanent residence application.

If you have not been requested to provide biometrics for the sponsorship application before you submit the work permit application, there is a good chance that you will need to pay the biometrics fee again and submit your biometrics as part of the work permit application .

Spousal Open Work Permit Processing Time

If you are applying for a spousal open work permit through sponsorship, you are likely wondering how long it will take. The official IRCC processing time is usually around 4 months , but this can vary based on application volume, biometrics, and the specific visa office processing your file.

Some applicants may receive their work permit faster, while others may face delays if IRCC requests additional documents or background checks. If you apply inland, you may also benefit from maintained status , which allows you to legally remain in Canada while your open work permit application is being processed.

Keeping your documents complete and accurate will help avoid unnecessary delays.

Do I have maintained (implied) status when I apply for an open work permit on the basis of my sponsorship application?

When you apply for an open work permit on the basis of your sponsorship application, you may be eligible for maintained (implied) status .

This means that if your temporary resident status in Canada expires while your work permit application is being processed, you will still be considered to have valid status in Canada even if your current permit expires. You can legally stay in Canada until a decision is made on your work permit application.

These rules apply to temporary residents in Canada who are seeking to maintain their legal status while waiting for a decision on their work permit application.

To be eligible for maintained status , you must meet the following criteria:

You must have submitted a complete application for an open work permit on the basis of your sponsorship application before your temporary resident status in Canada expires.
You must have had valid temporary resident status in Canada at the time of your initial application for permanent residency.
You must remain in Canada and not leave the country between the time your existing temporary status expires and the time you receive the new open work permit.

If you held a valid work permit at the time you applied for the spousal open work permit, then you can continue to work while you wait for the new permit to be issued. (This includes holders of IEC work permits and international graduates holding a post graduation work permit).

If you had a valid study permit or visitor status when you applied for the spousal work permit, then you can remain legally inside Canada but you must wait to begin working until the SOWP application has been approved.

What are the benefits of an open work permit?

There are several benefits of having an open work permit while your sponsorship application is being processed.

Firstly, an open work permit allows you to work for any employer in Canada, and that employer does not need to obtain any special permission, like an LMIA (Labour Market Impact Assessment) , in order to hire you. Open work permit holders have the right to work for any employer across Canada and are protected by Canadian labour laws. It makes it much easier to get a job offer as a sponsored spouse.

Secondly, having a work permit can also make it easier for you to obtain certain services as a foreign national, such as a social insurance number, a bank account, a driver's license or public health care coverage.

Thirdly, an open work permit also allows you to support yourself financially while your sponsorship application is being processed, which can relieve some of the financial burden on your common-law partner or spouse and help with your family’s financial stability.

Working in Canada with a Spousal Open Work Permit

A spousal open work permit gives you the freedom to join the Canadian workforce while your permanent residence application is being processed. With this permit, you are not tied to a specific employer or job, which means you can explore a wide range of employment opportunities across the country. Whether you want to gain Canadian work experience, support your family financially, or build your career in a new field, a spousal open work permit can open many doors for you and your family.

What jobs can I do?

With a spousal open work permit, you have the flexibility to work in almost any occupation in Canada. This includes positions in the natural and applied sciences, healthcare, social services, and many other sectors. You are not limited by job title or employer, so you can pursue opportunities that match your skills and interests. For example, if you have a background in nursing science, dental surgery, or applied sciences, you can seek employment in those fields—though you may need to obtain additional certifications or register with a professional regulatory body, depending on the province and the specific occupation. It’s a good idea to research the requirements for your chosen profession before applying, especially for regulated jobs in areas like health care or engineering. The open work permit allows you to gain valuable Canadian work experience, which can be beneficial for your long-term career and settlement in Canada.

Are there any restrictions or conditions?

While a spousal open work permit offers significant flexibility, there are some important restrictions and conditions to keep in mind. Certain occupations are excluded from the open work permit program, such as jobs involving escort services, erotic dance, or work in establishments that regularly offer striptease. These restrictions are in place to protect public safety and align with Canadian immigration policies.

If you want to work in an occupation in healthcare, education or agriculture, you may need to take a medical exam before submitting your application for an open work permit; otherwise, your open work permit may state that you cannot work in those occupations.

Rights and responsibilities as a worker

As a spousal open work permit holder, you are entitled to the same rights and protections as any other worker in Canada. This includes the right to fair wages, safe and healthy working conditions, and access to employment benefits such as health care and workers’ compensation. You are also responsible for following Canadian laws and regulations, including those related to taxation, employment standards, and workplace safety. Understanding your rights and responsibilities is key to having a positive work experience in Canada. If you have questions or concerns about your employment situation, you can reach out to government agencies or consult with a qualified immigration lawyer for guidance. By staying informed and proactive, you can make the most of your time working in Canada with a spousal open work permit.

What is the validity of a work permit for a sponsored spouse?

The validity of a work permit for a sponsored spouse is normally 2 years, which allows plenty of time for your sponsorship application to be approved.

It is important to note that the validity of the work permit will also be limited by the validity of your passport. If your passport is expiring soon, your work permit should only be issued for the same period as your passport’s validity.

My sponsorship was cancelled. What happens to my open work permit?

Sometimes relationships don’t work out. If your sponsorship application is cancelled because you have separated from your spouse or common law partner, it may affect your open work permit, depending on where in the process you are at the time your relationship dissolves.

If the open work permit has already been issued, then it will remain valid until the expiry date on the permit, and you can continue to work and remain in Canada during the authorized stay while you plan for your future.

If the open work permit has not been issued as of the date of your separation, then that application is likely to be cancelled along with the sponsorship application as you are no longer eligible, and you will need to explore alternate options if you wish to remain inside Canada.

My sponsorship was approved. What happens to my open work permit?

If your sponsorship application is approved and you are granted permanent residency, you will no longer need a work permit to work in Canada. You are now eligible to work for any employer in Canada without restrictions.

Can my dependent children and other family members be included in my open work permit application?

No. While a dependent child is included in your permanent residence application, a dependent child cannot be included in your open work permit application—they can only apply for a visitor record or a study permit if they plan to stay in Canada with you. Other family members, such as siblings or parents, are not eligible to be included in your spouse’s open work permit application.

Are there differences between the spousal open work permit for spousal sponsorship applicants and for spouses of foreign workers or international students?

Yes. Spousal open work permits under Canadian immigration are available in different situations.

If you’re applying for permanent residence through spousal sponsorship, you could be eligible for a spouse’s open work permit while waiting for your permanent residence.
Spouses of most foreign workers or international students may also qualify for an open work permit, but the rules are different. As of January 21, 2025, IRCC introduced new restrictions, tightening the previous work permit eligibility criteria on spouse’s open work permits. Now, only spouses of a principal applicant who is a high-skilled foreign worker in an eligible occupation—or certain students in a qualifying study program—could be eligible. For international students, only spouses of students enrolled in eligible programs, such as degree-granting programs, qualify for a spousal open work permit. The spouse of a foreign worker may only qualify for an open work permit if the foreign worker is employed in a TEER 0 or TEER 1 occupation, or in certain TEER 2 or 3 occupations related to labour shortages or government priorities (such as healthcare, construction, or education). These restrictions do not apply to spouses of workers under free trade agreements such as CUSMA. The Atlantic Immigration Program also exempts family members from certain recent restrictions on open work permits, supporting family reunification and settlement in Atlantic Canada. Family members of provincial nominees are generally not subject to the recent restrictions on spousal open work permits.
Dependent children are no longer eligible for open work permits in most cases, and these changes affect many foreign nationals applying through family-based work permit pathways.

What is the purpose of a spousal open work permit in Canadian immigration?

It allows sponsored spouses or partners in a common law union to work in Canada while waiting for their permanent residence. This helps keep families together and supports them financially during the sponsorship process. It’s one of several ways Canadian immigration aims to promote family unity.

Where does the spousal open work permit fit in the Canadian immigration process?

It plays a key role in the Canadian immigration process, particularly for families seeking to reunite and build a life together in Canada. This permit allows spouses or common-law partners of Canadian citizens and permanent residents to work in Canada while their permanent residence application is under review. By enabling family members to work, the work permit helps them integrate into Canadian society, gain valuable work experience, and contribute to the local economy. Typically, the spousal open work permit is applied for after the principal applicant has submitted their permanent residence application and received an Acknowledgement of Receipt (AoR) from Immigration, Refugees and Citizenship Canada (IRCC). This process ensures that families can remain together and support each other throughout their Canadian immigration journey.

What happens if my spousal open work permit application is refused? Can I appeal?

If your application is refused, you still have options. In many cases, you may be able to reapply for a work permit if you can address the reasons for the initial refusal—such as providing additional documentation or clarifying information requested by IRCC. It is important to carefully review the refusal letter and ensure that any new application directly responds to the concerns raised. Keep in mind that a refusal can affect your ability to work in Canada and may have implications for your future immigration applications, so it is important to act promptly and thoughtfully if your open work permit application is not approved.

FAQ – Spousal Open Work Permit

Conclusion

Applying for a Canada spousal open work permit through open work permit spousal sponsorship is a key step for many couples who want to stay together while waiting for permanent residence. It can provide several benefits, including the ability to work in Canada, healthcare coverage and the ability to support yourself financially while your spousal sponsorship application is being processed. By knowing your options and eligibility, you can make an informed decision on whether to apply for a spouse's open work permit during your spousal sponsorship process in Canada.

At The Way Immigration , we are Regulated Canadian Immigration Consultants who have handled thousands of spouse and common law partner sponsorships for immigration to Alberta or other parts of Canada, along with the associated work permit applications. We have pretty much seen it all! We would be happy to answer any questions you might have about your situation – please book an appointment online today.

How much money is needed for a visitor visa to Canada?

fran@thewayimmigration.ca (Fran Wipf) — Thu, 09 Oct 2025 07:38:29 GMT

Introduction to Canadian Visitor Visa

A Canada visitor visa (also known as a tourist visa or Temporary Resident Visa – TRV ) allows people from other countries to visit Canada for tourism, family visits, or short business trips.

One of the most common questions we hear about the financial requirements is: “How much bank balance is required for a Canada visitor visa?”

The answer depends on personal circumstances, such as your purpose of travel, how long you plan to stay, and how many people are coming with you. While IRCC does not set a specific monetary range of how much bank balance you need for a Canadian visa approval, you must submit proof that you have sufficient funds to cover all travel expenses and to support yourself when you return home .

Showing strong proof of funds with sufficient bank balance is key to getting your visitor visa to Canada approved, as it helps demonstrate that you are financially stable and have genuine reasons to return to your home country.

What Is Proof of Funds for Canada Tourist Visa/ Canada Visitor Visa

Proof of funds means documents that show you have enough money to pay for your entire trip. This includes your travel to and from Canada, your stay, and all daily expenses while visiting.

The Canadian government uses this information to assess your Canadian visa application by checking if you can afford visiting Canada without needing to work or rely on others or becoming a financial burden on Canada. They also want to ensure that you have enough money to return home at the end of your visit.

Examples of financial documents as valid proof of funds:

Bank statements with sufficient bank balance for the past 6 months
Pay slips or income certificates to show stable income
Tax returns or income tax assessments
Investment statements or fixed deposits from a financial institution
Employment letters confirming your salary and position
Sponsorship letters from someone financially supporting your trip and their financial documents

Tip : Convert the amount into Canadian dollars to make it easier for immigration officials to assess your financial capacity accurately.

Pro Tip : Do not stuff your bank account with borrowed funds prior to your visa application. IRCC is used to checking for unusual large deposits and will look negatively on your application if you have funds deposits that are unusual for your banking history.

How Much Funds is Required for Canada Visitor Visa

When it comes to 'how much bank balance is needed' for a visitor visa to Canada, there is no official minimum amount of bank balance requirement on any official documents. But here is a general guideline based on typical travel costs (all in Canadian dollars):

These numbers can vary depending on your personal details such as accommodation type and travel activities. Always include return airfare and a 1,000–2,000 Canadian dollars emergency buffer.

How to Estimate Your Total Budget for a Canada Visitor Visa

To find out how much you should show in your financial documents, create a mini budget and list all your trip costs:

Flights to and from Canada
Accommodation (hotel, Airbnb, or staying with family)
Travel inside Canada (bus, car rental, etc.)
Meals and basic living expenses
Travel insurance/ private medical insurance
Planned activities and sightseeing

Then multiply by the number of people traveling with you. The total gives you a realistic estimate of how much bank balance at a minimum you should show as the financial requirements for your Canada visitor visa .

Proof of Funds for Parents Visiting Canada

Parents or grandparents visiting children in Canada usually stay longer and often rely on family members to financially support them during their stay.

A good guideline is to show CAD 5,000–7,000 per parent on your bank balance for a short-term visit.

If your child in Canada (whether they are Canadian citizens/ permanent residents) is helping to pay for your trip, include proof of their financial ability:

An invitation letter explaining your relationship and visit purpose
The child’s proof of income (employment letters, T4 slips, pay stubs, or Notice of Assessment)
The child’s bank statements showing available funds that exceeds the suggested bank balance

This helps prove to the immigration officer that the supporter can actually afford your visit and improves the chance of approval for your Canada visitor visa.

How to Prove Your Funds during the Canada Visitor Visa Application Process

Once you’ve calculated your estimated budget, identify who will pay for each part of the trip.

If you are paying , provide proof of your own funds to the visa office processing your application :

Bank statements showing consistent savings and sufficient bank balance
Other financial documents under your name (not borrowed money)

If someone else is paying , such as a family member or friend in Canada, provide proof to immigration officials of the person paying:

Provide their bank statements, employment proof, and tax documents
Clearly explain who pays for what in your cover letter

Again, do not borrow money, make large deposits or sudden large transactions right before applying for a Canada visitor visa . Visa officers know local wage rates and living costs. Sudden large balances without a clear source can lead to questions of your financial credibility even a denied entry.

Types of Acceptable Documents for Financial Stability

When applying for a Canada visitor visa, include as many of these as possible to prove financial stability:

6-month bank statements (with sufficient funds and consistent financial history, your name, the date and the account details on the bank statement)
Fixed deposits or savings certificates
Tax returns or income tax filings
Employer letter and recent payslips
Sponsorship letter/ financial support letter if someone else is covering your trip
Invitation letter from a host in Canada

All documents must be official, clear, and verifiable .

Common Mistakes That Cause Rejections

Many Canadian visitor visa refusals happen because of weak or inconsistent financial proof, which raises concerns for the visa officer . Common issues include:

Large, unexplained deposits just before applying for the visitor visa
Very low or unstable account balance to be considered sufficient funds
Fake or unverifiable bank documents
Missing proof of relationship or unclear details about who is paying for the trip.

Tips to Strengthen Your Application

Keep your bank account stable for 3–6 months to show financial stability before applying for the visitor visa
Avoid borrowed money or cash transfers from friends and family
Include all sources of income (salary, rent, business, investments)
If you have multiple sources of funds, write a short financial explanation letter of your individual circumstances
Attach proof of all the details of ties to your home country (employment, property, or family) to prove that you will leave Canada

Do All Applicants Need to Show Proof of Funds for Visitor Visas?

Not always. What matters most is that funds are available and explained .

If someone else is sponsoring your trip, make sure to:

Identify who is paying
Prove their relationship to you
Show their income and assets (bank balance, property, employment proof)

The key point is to show the immigration officer that there’s a clear, reliable financial plan for the applicant's planned trip.

Other Important Factors for Visitor Visa Approval

Proof of funds is only one part of your visitor visa application. The visa officer will also consider:

The purpose of your trip (tourism, family visit, business, etc.)
Your ties to your home country , such as a stable job, property, or family
Your previous travel history
Whether your application shows a clear plan to return home after visiting

If your file is incomplete or unclear, the officer will not ask for more documents — they will simply refuse the application . Make sure your application is complete and well-explained before you submit it to make the application process smooth and successful.

Frequently Asked Questions (FAQs)

Conclusion

Having strong and realistic proof of funds is one of the most important parts of your Canada visitor visa. It helps IRCC see that you can afford your trip and that you plan to return home after your visit.

Plan early, keep your finances transparent, and include all supporting documents to show the visa office a clear picture of your situation.

At The Way Immigration , we’ve been preparing successful Canada visitor visa applications since 2008 — with thousands of approved cases. We would be happy to discuss your plans to visit to Canada and offer our immigration consultants Calgary expertise to prepare your application for the greatest chances of success. Book an appointment with us today, and move one step closer to the Canadian adventure you have been dreaming of.

Educational Credential Assessment (ECA) for Canada Immigration Complete Guide

Thu, 04 Sep 2025 05:58:14 GMT

Introduction

If you are planning obtain Canadian permanent residence, you may need an Educational Credential Assessment (ECA) as part of your application package. The ECA is a report that verifies how your education ((degree, diploma or certificate) from another country compares to Canadian educational standards.

Immigration, Refugees and Citizenship Canada (IRCC) requires an ECA report for immigration purposes for most skilled worker programs for permanent residence. Having this report helps you prove your educational level and earn points in your Express Entry profile.

Understanding the Basics of Educational Credential Assessment (ECA)

What is an ECA and ECA certificate number?

An ECA is a report prepared by an organization approved by Immigration, Refugees and Citizenship Canada. It checks your foreign diploma or degree and tells you how it compares to a Canadian education (for example, the recognition of a university bachelor’s degree or high school diploma).

When your report is completed, you will receive an official document for your ECA report. It is a unique certificate number. Note that you need this number when you submit your immigration application, as IRCC will contact the issuing organization to confirm that the results are legitimate.

ECA vs. ECE (Educational Credential Evaluation)

An ECA is the official assessment accepted by IRCC for immigration. Some other organizations provide credential evaluations (often called ECE reports) that are useful for employment, school admissions, or licensure purposes, but they are not accepted for immigration. Always make sure your assessment is from an IRCC-approved body.

When do you need an ECA for your foreign degree?

You need an ECA report if your credential is from outside of Canada.
You do not need an ECA if your credential was completed inside of Canada, at a Canadian institution.

Educational Credential Assessment and Canadian Immigration Programs

Express Entry

An ECA report is required for most applicants to complete their Express Entry profiles , including the Federal Skilled Worker Program. It helps IRCC confirm your education level.

Atlantic Immigration Program (AIP)

If you are applying through the Atlantic Immigration Program , you may also need an ECA to prove your credential. This depends on the job offer and program stream, but in most cases a foreign credential must be assessed to show its Canadian equivalency.

ECA for spouses or partners

If you are applying with your spouse or common-law partner , they can also get an ECA. This can give you extra points in the CRS (Comprehensive Ranking System) used for Express Entry.

Validity of an ECA

An ECA report is valid for 5 years from the date it was issued.

Minimum education requirement

To apply for immigration under most skilled immigration programs, your foreign credential must be equal to at least a Canadian secondary (high school) diploma. Higher credentials can give you more points.

Approved ECA Organizations

IRCC accepts ECAs only from these designated organizations:

WES is the most common choice. Their process includes submitting documents, waiting for verification, and receiving your report. Processing time is usually a few weeks. Our office generally recommends WES as we have found it to be the quickest to produce the assessment while having the simplest process to navigate.

CES, ICAS, IQAS and ICES provide similar services with similar procedures.

Other proof of education equivalency

Education required for certain licensed professions must be assessed separately through professional bodies in Canada.

If you are a medical doctor, you must apply through the Medical Council of Canada (MCC), which is the professional body for physicians. If you are a pharmacist, you must use the Pharmacy Examining Board of Canada (PEBC), the professional body that regulates pharmacists. If you are an architect, you will need to have your qualifications recognized by the Canadian Architectural Certification Board (CACB), the professional body that oversees architects. These professional bodies handle ECAs for their fields, and no other assessment agency can replace them.

If you want to work in a skilled trade (like electrician, plumber, welder, mechanic, etc.), you often need a trade qualification, certification or license from a province or territory. Education required for these types of occupations is often a combination of instruction plus on the job training - and formal ECA providers struggle to provide an ECA in many situations. Obtaining a Canadian trade certification is the pathway to gain extra points for tradespeople who cannot obtain an ECA for their trades training. To find out more about Certificates of Qualification, read our article ' Certificate of Qualification for Express Entry: A Complete Guide '.

Understanding the ECA Report

What does an ECA report include?

A formal educational assessment report shows your foreign credential (for example, “Bachelor of Commerce from India”) and its Canadian equivalency (for instance, “Equivalent to a Canadian bachelor’s degree”).

How ECA affects CRS points

Your CRS score is determined by your Canadian equivalency. A higher equivalency usually means more points are awarded for your education. For example, a master’s degree gives more points than a bachelor’s degree.

To learn more about Express Entry and the scoring system, read our article ' Mastering the Canada PR & CRS Points System: A Complete Guide to Increasing Your Express Entry Score '.

Benefits of Having an ECA

Required for most skilled Canadian immigration PR applications
You may obtain extra points if your spouse or partner also gets one, depending on their level of education
Recognized by employers for credibility
Helpful for admission to schools and universities

Step-by-Step: How to Get an ECA

Follow the document requirements for your country – required documents may include transcripts, diploma or degree, and translations (if necessary).
Submit your application to one of the IRCC-approved organizations .
They will verify and evaluate your credential.
You will receive your ECA report and certificate number.
Use this report when applying to IRCC.

Tips to avoid mistakes:

Double-check that documents are complete and correct.
Translate non-English or non-French documents with a certified translator.
Make sure the organization was designated by IRCC at the time of your report.

Fees and Processing Times

Typical costs

Most ECAs cost between CAD $200–$260. For instance, World Education Services (WES) charges about CAD 256 for an ECA report, plus delivery and taxes.

Processing times

WES: usually 1–2 months
ICES: around 10 weeks
IQAS: up to 20 weeks
CES: 12–14 weeks

Note: visit their respective websites for most up-to-date processing times.

Common Problems and How to Fix Them

If your credentials or your educational institution are not recognized:

You may not get any Canadian equivalency. In this case, you cannot claim points for that credential.

If the result is lower than expected:

Sometimes a master’s degree may be assessed as only a bachelor’s degree. You can still use the report, but you must report the Canadian equivalent education - and will likely obtain with fewer points.

Using one ECA for multiple applications:

Yes, you can as long as the report is still within the 5 year validity window.

Renewing or re-applying:

If your ECA expires (after 5 years), you will need to apply again. Generally the process to renew your existing assessment is less expensive and less time consuming than the first time you applied.

Conclusion

An Educational Credential Assessment is essential for most foreign-educated applicants for Canadian immigration. It proves the value of your credentials and helps you score points in Express Entry.

Submit your application to the right assessment body, double-check all documents, and apply as early as possible. Mistakes or delays can cost you valuable time and opportunity in your immigration process.

Visit the official website of Immigration, Refugees and Citizenship Canada and the portals of the designated ECA organizations for the most up-to-date requirements.

We recommend meeting with an immigration professional before you start the process of getting your educational credentials assessed. It's possible for us to help you decide which credential to get evaluated, whether or not your spouse also needs an evaluation, and to determine the proper time to submit the assessment request. We often meet with people who have obtained their ECA without any understanding of how they do or don't qualify for immigration to Canada. In many cases, an ECA was not necessary and they have wasted a lot of time and money. At The Way Immigration , we can help you with a big picture understanding of what steps to take, and when - saving you time, money and hassle in the long run. Contact us today to get started.

The Ultimate Guide to LMIA-based Work Permits in Canada: A Step-by-Step Solution

fran@thewayimmigration.ca (Fran Wipf) — Tue, 19 Aug 2025 10:12:19 GMT

If you're a foreign national planning to work in Canada, it's important to understand the Labour Market Impact Assessment (LMIA) and how the LMIA-based work permit process works. This guide gives you a clear overview of the LMIA process, how to apply for an LMIA-based work permit, the benefits of getting one, and how it differs from an open work permit.

What is LMIA in Canada: Understanding LMIA Work Permits

What is a Labour Market Impact Assessment (LMIA)?

The Canadian government wants to make sure Canadian citizens and permanent residents have the first opportunity at available jobs in Canada. However, in some cases, there may be a shortage of workers with the right skills in the Canadian workforce. In these situations, the government allows Canadian employers to hire temporary foreign workers —but only after going through the Labour Market Impact Assessment (LMIA) process. Employers must recruit by advertising job vacancies to locals first before they can hire foreign workers.

An LMIA is a document issued by Service Canada, under Employment and Social Development Canada (ESDC). It shows that hiring a temporary foreign worker will not have a negative impact on the Canadian labour market. If the LMIA is positive, it means the employer has been unable to hire Canadian citizens or permanent residents to fill the job, and hiring a temporary foreign worker is justified.

Employers must apply for the LMIA and pay for the LMIA processing fee before hiring temporary foreign workers. Foreign workers are not allowed to pay for the LMIA process, and it is illegal for anyone to charge a fee to have a foreign worker's name added to an LMIA. Once the employer receives a positive LMIA, the foreign national can use it to apply for a WP.

Required LMIA documents for employers include proof of business registration, financial statements, and recruitment efforts documentation.

LMIA Requirements: Do You Need an LMIA Work Permit ?

In most cases, yes—foreign nationals need an LMIA to get a WP in Canada. However, there are some exceptions whereby a work permit is possible without obtaining an LMIA.

Certain workers are exempt from the LMIA requirement under special programs like the International Mobility Program (IMP) or if they qualify for an open work permit . Some common LMIA exemptions include:

Workers covered by Free Trade Agreements (like CUSMA)
Participants in the Francophone Mobility Program
Spouses of skilled workers or international students
International Experience Canada (IEC) participants

Before hiring foreign nationals, the employer must check if an LMIA is required or if the job is exempt.

How to Apply for LMIA: Complete LMIA Application Guide

Before hiring a foreign worker, employers should budget between $3,700 and $8,000 per temporary foreign worker for the LMIA application process, considering various associated costs.

Provincial Regulations for Employers Hiring Foreign Workers

Some provinces, such as British Columbia and Saskatchewan , require employers to register with the provincial government before they can hire a temporary foreign worker.

It’s important for employers to check the rules in the province where the worker will be employed. In some cases, provincial registration must be completed before starting the job advertisement or applying for a Labour Market Impact Assessment (LMIA). Failing to follow these steps may delay the approval process or result in the LMIA application being refused.

LMIA Application Requirements

To apply for an Labour Market Impact Assessment (LMIA), Canadian employers must submit several documents, including:

Business legitimacy documents - Proof that the employer is a legitimate business
Proof of business registration
Financial statements
Proof of thorough recruitment efforts
Job advertisements
Recruitment records

Employers wishing to hire foreign nationals are legally responsible for covering all costs associated with the LMIA application process and cannot pass these costs onto temporary foreign workers.

Step 1: Advertising the Job

Employers must make recruitment efforts amongst Canadian workers in the Canadian labour market by advertising job vacancies to Canadian citizens and permanent residents first before they can hire foreign workers. Here are the key rules during the LMIA process:

Minimum advertising period: Employers should advertise job vacancies for at least 4 consecutive weeks before submitting an application for an LMIA.
Platform requirement: Must advertise job postings on Canada's Job Bank plus at least two other sources, depending on the type of LMIA that will be submitted
During the hiring process, employer must use the Job Match service for recruitment purposes when advertising a position on Job Bank, and invite all Canadian workers with a certain match score
Job posting content: Must include details such as job duties, wage, location, and required qualifications. Note that there are very specific requirements that must be included in the advertising or the LMIA will be refused. In our experience, it is incredibly rare for an employer to get the advertising right on their own. If you don't regularly submit LMIA's in your company, please hire a representative to ensure that your application is done properly.
Wage requirement: When hiring a foreign worker, the Canadian government requires that the wage you offer meets or exceeds the prevailing wage rate for that job in your region. The prevailing wage is the official minimum acceptable wage set by the government, based on occupation and location. To receive a positive LMIA, employers must advertise and offer at least the prevailing wage rate.

Step 2: Submitting the LMIA Application

If no qualified Canadian citizens or permanent residents applied during the recruitment period, the employer can then submit an LMIA application to Service Canada (under Employment and Social Development Canada ESDC). The application must include:

Job title, description and responsibilities
Wage offered and working conditions
Qualifications required for the position - note that the qualifications must be a reasonable match to what the government says is required for the position in the official NOC code listing
Proof of recruitment efforts, including recruitment details on Job Bank
Business legitimacy documents to prove the company is legitimate and operational
Detailed job offer

Types of LMIA Applications

There are several specific LMIA streams, each with its own rules and LMIA requirements. The most common ones are:

High Wage Positions

Businesses hiring foreign workers in high-wage positions must submit a Transition Plan with their LMIA application. This transition plan outlines how the employer will reduce their reliance on temporary foreign workers over time—such as by training Canadian citizens or permanent residents to fill the role in the future.

The transition plan is mandatory for all High-Wage LMIA applications, unless the position qualifies for an exemption like the Global Talent Stream .

To qualify for a High-Wage LMIA, the wage you offer must meet two conditions:

It has to be at least 20% higher than the provincial or territorial median wage (this is the general benchmark wage in each province/territory).
It also has to be at least the prevailing wage for the specific job in your location (the official minimum wage rate set by the government for that occupation and region).

For example, in 2025, the minimum acceptable high-wage threshold is C$36.00/hour in Ontario and C$36.60/hour in British Columbia.

Low Wage Positions

Businesses hiring foreign workers in low-wage positions are not required to submit a transition plan with their LMIA application. However, there are important restrictions:

Low-wage LMIA applications are not allowed in regions with an unemployment rate of 6% or higher. Employers hoping to hire low wage foreign workers should keep monitoring the unemployment rate in their regions for most recent updates. Please refer to the list of regions where the unemployment rate is a factor in terms of processing an LMIA.
Businesses hiring foreign workers must also follow limits on the number of low-wage workers they can hire, based on the size of their workforce. For low wage worker employers, there's a 10% or 20% cap on the proportion of low wage workers depending on the industry (NAICS) and positions (NOC).

Global Talent Stream

The Global Talent Stream is a pilot program with a simplified LMIA application process, that allows employers to hire high-skilled foreign workers quickly, without proof of recruitment efforts.

To apply under GTS, employers must:

Be referred by a Designated Partner (for Category A), or
Hire workers in specific in-demand tech occupations (for Category B)
Work with ESDC to create a Labour Market Benefits Plan, showing how they will benefit the Canadian labour market (e.g. job creation, skills transfer)

The GTS offers faster processing times for LMIA, often in 2 weeks or less. It is also supposed to offer faster processing times for work permits, often in about 3 weeks.

Caregiver LMIA

Employers hiring in-home caregivers (such as for children, seniors, or persons with medical needs) can apply under the Caregiver LMIA stream.

To qualify, employers must:

Prove there is a genuine need for caregiving support in the home
Demonstrate they cannot find a suitable Canadian or permanent resident to fill the role
Demonstrate that they can afford to pay the caregiver based on their annual income and family size
Provide acceptable living conditions (if the job requires the caregiver to live in the home)
Pay the caregiver at least the prevailing wage for the region and occupation
Hire a caregiver who already has either a valid work permit or a valid study permit for Canada. It is not possible to hire a caregiver from overseas using an LMIA.

Caregiver LMIAs may also allow foreign workers to apply for permanent residency through specific pathways, depending on their experience.

Agriculture LMIA

To apply under the Primary Agriculture Stream to hire agricultural workers, employers must:

Provide proof of ongoing agricultural operations
Demonstrate that the position falls under an eligible National Occupation Classification (NOC) for primary agriculture
Offer housing and transportation to the agricultural worker (as required by the program)
Complete a housing inspection with a certified inspector
Ensure compliance with Canadian labour laws and workplace safety standards

This stream supports employers in filling agricultural worker positions that are either seasonal workers or year-round workers in the farming, livestock, and greenhouse industries.

LMIA Approval Time and Processing Requirements

To apply for an LMIA, employers must complete an online application and submit required documents to Service Canada (Employment and Social Development Canada ESDC). These documents may include proof of recruitment efforts, business legitimacy, and financial capacity to hire a foreign worker.

Cost of LMIA

Legal fees for assistance with LMIA applications can range from $2,250 to $7,000 per LMIA application, depending on the complexity of the situation.

The government processing fee for an LMIA application is typically $1,000 per employee.

Advertising costs will run between $150 - $400 per application, depending on the advertising platforms that are suitable for the given occupation.

Average Processing Time of LMIA

After submitting the application, employers typically wait several weeks to a few months for a decision. In some cases, a Service Canada (ESDC) officer may call the employer to verify business operations before approving the LMIA.

If approved, a positive LMIA is valid for 6 months (info valid as of May 2024). During this time, the foreign worker must submit their work permit application before the LMIA expires.

Employer Compliance

Employers participating in the temporary foreign worker program (TFWP) are subject to inspections from Service Canada (Employment and Social Development Canada ESDC) to ensure compliance with labor market regulations post-hire.

LMIA Based Work Permit: How to Get Your Work Permit After LMIA

After receiving a positive LMIA, employers must notify the foreign national and provide them with a copy of the LMIA approval letter.

The foreign worker can then apply online for a work permit from Immigration, Refugees and Citizenship Canada (IRCC). The application must include a copy of the approved LMIA. The foreign worker must submit their application before the LMIA expires (usually within 6 months) and meet all other eligibility requirements for a Canadian WP.

LMIA-based Work Permit Requirements

When applying for an LMIA-based WP, the foreign worker must provide:

A positive LMIA issued by the employer
A valid job offer that includes job duties, wages, and working conditions
Proof of qualifications, such as education and past work experience
Proof of language ability in English or French (if required for the job)
Personal identification documents, such as a valid passport

It’s important to understand that the employer sets the job requirements—including education, work experience, and language skills—when submitting the LMIA application. These requirements must be a reasonable match to those listed in the NOC code for that specific occupation. When the foreign worker applies for the WP, they must include clear evidence that they meet these specific requirements. For that reason, it's important to plan carefully when starting the LMIA process, to ensure that the prospective foreign worker will be able to meet any job requirements you include in the LMIA.

Processing Time for LMIA and Work Permits

LMIA applications can take several weeks to a few months to process, depending on the stream (e.g. high-wage, low-wage, agriculture, or Global Talent Stream) and the job location. LMIA processing times for high-wage positions typically range from 2-3 months, while low-wage positions may take longer. Delays are common due to high application volumes and the complexity of some cases.

After receiving a positive LMIA, the foreign worker must apply for a work permit through Immigration, Refugees and Citizenship Canada (IRCC). Work permit processing times vary based on the applicant’s country of residence and the visa office responsible for the file.

In the past, visa-exempt applicants could apply for a WP at a Canadian port of entry—a practice known as “flagpoling.” However, as of December 23, 2024, IRCC has restricted flagpoling for most foreign nationals, including those applying for LMIA-based WPs. Most applicants must now apply online from within Canada or at a visa office located outside the country.

Only a few exceptions remain for certain visa-exempt workers to apply at the port of entry, such as U.S. citizens under specific LMIA-exempt categories (e.g. CUSMA professionals or GTS tech workers). For most LMIA-based WP applicants, applying at the border is no longer an option.

LMIA-based Work Permit Duration and Employment Period

Once approved, LMIA-based WPs are typically valid for 1 to 3 years, depending on the job type and wage classification. If the employer needs the worker for a longer period, they must apply for a new LMIA, which the foreign worker can then use to apply for a WP extension.

As of September 26, 2024:

Employment Duration for High Wage Workers

High-wage workers can receive WPs valid for up to 3 years. This longer period helps support job stability and workforce planning for employers offering competitive wages.

Employment Duration for Low Wage Workers

Low-wage workers are generally issued 1-year WPs. If the employer wants to continue the employment beyond one year, they must reapply for a new LMIA and go through the recruitment process again before the worker's work permit will expire.

Special LMIA Programs and Exemptions from LMIA

Global Talent Stream (GTS)

The Global Talent Stream (GTS) is part of Canada’s Temporary Foreign Worker Program, designed to help employers hire highly skilled foreign workers quickly—particularly in technology and engineering sectors.

GTS applications benefit from expedited processing, often within two weeks, and usually do not require advertising.

There are two categories under the GTS:

Category A – Designated Partner Referral

Employers under Category A must be referred by a designated referral partner, such as a provincial economic development agency or business accelerator. This stream is for high-growth or innovative companies that need to hire specialized talent to scale up.

Category B – In-Demand Occupations

Category B allows employers to hire foreign workers for jobs on the Global Talent Occupations List, which includes roles such as:

Software engineers and designers
Computer programmers and interactive media developers
Information systems analysts
Electrical and electronics engineers
Civil engineers
Mathematicians and statisticians
UX designers and others

Employers in both categories must work with ESDC to create a Labour Market Benefits Plan, which outlines how the company will benefit Canada’s labour market—such as through job creation, skills transfer, or training opportunities for Canadians.

International Mobility Programs: Francophone Mobility, CUSMA, CETA, and Intra-Company Transfer Work Permits

LMIA-exempt work permits enable foreign nationals to work in Canada without the employer needing to obtain an LMIA. These permits fall under the International Mobility Program (IMP) and are usually granted when the job offers significant cultural, economic, or reciprocal benefits to Canada.

Francophone Mobility Program

Employers can hire Francophone or bilingual workers to work outside Quebec without an LMIA. This program supports the promotion of French-speaking communities across Canada. Note that the worker is not required to speak French as part of the job offer. They simply have to be proficient in the French language.

CUSMA (formerly NAFTA)

Under the Canada–United States–Mexico Agreement (CUSMA), certain professionals, intra-company transferees, and business visitors from the U.S. and Mexico are eligible for LMIA-exempt WPs, making it easier for Canadian employers to hire from these countries.

CETA

The Canada–European Union Comprehensive Economic and Trade Agreement (CETA) provides LMIA exemptions for citizens of EU member states. It covers professionals, investors, intra-company transferees, and certain short-term business visitors.

Intra-Company Transfers

Foreign workers employed by a company outside Canada can transfer to a Canadian branch, parent, affiliate, or subsidiary without an LMIA. This is often used for executives, managers, or employees with specialized knowledge.

Hiring in Quebec

If an employer in Quebec is hiring a foreign worker through the Temporary Foreign Worker Program (TFWP), they must obtain a Quebec Acceptance Certificate (CAQ) in addition to the LMIA.

However, the CAQ is not required for workers hired under the International Mobility Program (IMP), including those applying through programs like Francophone Mobility or Intra-Company Transfers.

LMIA-based Work Permit vs Open Work Permit

An LMIA-based WP is a closed WP, which means the foreign worker is limited to working for the specific employer and at the location listed on the permit. To get this type of permit, the employer must first obtain a positive Labour Market Impact Assessment (LMIA) before hiring a foreign worker.

In contrast, an open work permit allows the foreign worker to work for almost any employer in any location in Canada. Open WPs do not require an LMIA and are commonly issued to:

Spouses of skilled foreign workers or international students
International Experience Canada (IEC) participants
Refugee claimants, certain permanent residency applicants, and other eligible groups
Foreign nationals who have applied for Permanent Residence in Canada
Workers approved for a Vulnerable Open Work permit
Individuals from certain countries where it would be currently difficult for them to go home (ie, Ukraine, Iran, etc.)

Each permit type serves a different purpose and has its own eligibility requirements.

Benefits of an LMIA-based Work Permit

Legal Right to Work

An LMIA-based WP allows foreign workers to legally work in Canada , gaining valuable Canadian work experience that can support both short-term employment goals and long-term immigration plans.

Pathway to Permanent Residence

One important benefit previously associated with an LMIA-based WP was that it could provide additional points in the Express Entry system through a qualifying job offer. However, as of March 25, 2025, IRCC has removed the extra points for job offers, even those supported by an LMIA.

That said, working in Canada on an LMIA-based WP can still support a permanent residency application. Foreign workers can gain valuable Canadian work experience , which may make them eligible for Express Entry programs such as the Canadian Experience Class , or help increase their Comprehensive Ranking System (CRS) score through the experience and adaptability categories.

While an LMIA no longer guarantees extra points on its own, it still plays an important role in helping foreign workers build a pathway to PR through skilled Canadian work experience.

Fill Labour Shortages

For Canadian employers, LMIA-based WPs provide a solution to address labour shortages . When qualified Canadians or permanent residents are not available for a role, employers can fill essential positions by hiring skilled foreign workers through the LMIA process.

Frequently Asked Questions about LMIA

Conclusion

Navigating the LMIA-based WP process may seem complex, but understanding the steps, from obtaining a positive Labour Market Impact Assessment to submitting a complete WP application, can help ensure a successful outcome. Whether you’re a foreign national applying for a new WP, renewing a work permit, or exploring options for permanent residency, this guide provides the essential information you need to navigate the process effectively.

The Way Immigration has successfully handled thousands of LMIA applications and LMIA-based work permits since 2008. Contact the best immigration consultant in Calgary for assistance with LMIA or WP processing. Please note that we do not find jobs for applicants, nor do we sell LMIA's. We are familiar with the Alberta immigration aspects of foreign worker matters, and have one of the highest success rates in the industry.

IRCC Misrepresentation Explained: Definition, IRPA Law, and 5-Year Ban Solutions

Mon, 18 Aug 2025 06:12:18 GMT

Introduction

The Immigration and Refugee Protection Act (IRPA) that governs Canadian immigration matters requires applicants to provide complete, honest, and truthful information in their application process. This applies to both the foreign national and the permanent resident.

When you apply to come to Canada — whether for a visitor visa, study permit, work permit, or permanent residence — Immigration, Refugees and Citizenship Canada (IRCC) expects you to be completely honest with the Canada immigration officer.

If you give false information, hide important facts, or use fake documents with an immigration visa officer or a Canada Border Services Agency (CBSA), IRCC calls this misrepresentation .

This is a serious matter under Canadian immigration law. It can cause your application to be refused, and in many cases, lead to a five-year ban from entering Canada.

This article explains what misrepresentation means, why IRCC takes it seriously, provides common examples of misrep, examines the consequences, and details how to avoid it.

What Is Misrepresentation (IRCC Definition)?

Under the IRPA, misrepresentation happens when you:

Provide false information .
Hide facts that are important for your application to Canada.
Use fraudulent documents .

It does not matter if the false information is big or small — if it could affect the decision of immigration officers on your case, it counts. It's important to note that the test for misrepresentation is a two part test, and both parts of the test must be met for a misrepresentation to have occurred:

1) Did you lie, omit facts, or use false documents AND

2) Did those actions affect the outcome of the application (or have the potential to affect the outcome)

Our office frequently is contacted by individuals who are concerned about misrepresentation in their past applications, and how that can affect an application that they are now planning to submit. Often someone has left off a period of employment or some kind of education on a previous application. Whether or not those types of omissions will be considered misrepresentation by IRCC depends on the circumstances of the previous application and whether those facts could have caused IRCC to make a different decision had they been know. This is a complex assessment and the specific facts of each case must be assessed before a determination can be made. The main point is that simply leaving out information in the past is not automatically considered to be misrepresentation.

Unintentional Misrep IRCC

IRCC also classifies misrepresentation it in two circumstances:

Intentional misrepresentation – You knew such information was false or incomplete.
Innocent misrepresentation – You made an honest mistake without meaning to mislead the visa officer. Perhaps you did not understand exactly what the question was asking you to declare, you forgot relevant information, or someone else was helping you and they made an error that you failed to spot.

Both intentional and innocent misrep can have the same severe consequences to the applicant.

Misrepresentation findings impact not only the principal applicant but also their dependent family members, making them inadmissible as well due to the initially inadmissible family member (the principal applicant).

I have received a procedural fairness letter during my immigration application - what now?

A Procedural Fairness Letter is a formal notice from IRCC that there is a concern or issue with your application. It gives the applicant the chance to respond to the officer's concerns before a final decision is made. In cases of misrepresentation allegations, a PFL will outline the specific information or documents that IRCC believes may be false, misleading, or incomplete.

IRCC issues a Procedural Fairness Letter to give applicants a fair opportunity to explain their side of the situation, provide clarifying evidence, or correct mistakes. This is part of the legal obligation of Canada to ensure decisions are made fairly and transparently.

If an applicant receives a Procedural Fairness Letter, they have the opportunity to respond to the allegations of misrepresentation.

Retaining professional legal help from an immigration law firm is recommended when addressing allegations of misrepresentation to ensure a proper response is provided in a timely manner. This is your one chance to rescue your immigration application, and if you don't respond properly you will almost certainly be refused. You can use an RCIC or an immigration lawyer as your representative.

While a Procedural Fairness Letter is serious, it is not the end of the road for your application. Many applicants have successfully resolved issues by giving a clear, well-supported explanation. Carefully address it as an opportunity to correct misunderstandings, provide missing details, and show IRCC that you are acting in good faith.

Misrepresentation in Canadian Immigration Law - Immigration and Refugee Protection Act

Misrepresentation is covered under section 40 of the immigration law IRPA .

Under the immigration law, a person is inadmissible to Canada for misrepresentation if they:

Make a false representation
Are withholding material facts relating to information that could change the decision
Present fraudulent or altered documents

This applies to applications with Immigration and Citizenship Canada for temporary status (visitor, student, worker) and permanent residence, for both foreign national and permanent residents of Canada alike.

Common Examples of Misrepresentation

Many applicants think misrepresentation only happens when someone uses fake documents. In reality, it can happen in many ways, including:

Using an unauthorized person to represent you and not declaring that you had a paid representative assisting you with the application. This is a huge issue for overseas applicants who seek immigration services outside of Canada. We have also found that many overseas agents also encourage clients to leave out information from their applications, and this almost always causes the applicant issues once they arrive in Canada. Always check to ensure any representative that you decide to work with is properly licensed with the CICC .
Giving incorrect information when completing application forms. A common example is failing to declare past criminal issues when they have been pardoned or expunged. Canada still expects you to declare any criminal history, no matter the current status.
Not disclosing previous visa refusals , deportations, immigration status, or bans from another country. Canada shares information with many other countries and can access your immigration history.
Submitting altered or fake supporting documents (altered bank statements, fake employment experience, changing the score on your language test).
Omitting family members from your application to Canada. (Note that family member includes a spouse or common-law partner, dependent children, and the dependent children of dependent children, whether they are accompanying you to Canada or not.)
Providing misleading answers in interviews.
Making an honest mistake that still changes the decision — this is called innocent misrepresentation .
Having your representative make an error or submit false information on your behalf — even if you did not know about it, you will still be held responsible for the actions of your representative.

Innocent Misrepresentation (Innocent Mistake)

Innocent misrepresentation happens when you make an error without meaning to lie.

The Federal Court of Canada recognizes an exception for these in certain circumstances, such as honest errors or misunderstandings.

However, even if the mistake was not on purpose, sometimes it still has severe consequences - IRCC can still refuse your application and impose the same penalties under Canadian immigration law. The law focuses on the impact of the error, not only the intent.

Some examples are:

Forgetting to mention a short trip to another country.
Misunderstanding a question on the application, and answering it incorrectly.
Relying on wrong information from someone else, including your legal representative.

Consequences of Misrepresentation

If IRCC finds you committed misrepresentation, the penalties can be severe and long-lasting.

Five-Year Ban from Entering Canada

You can be barred from applying for any visa, work permit, or permanent residence for five years. This ban applies even if it was unintentional.

Refusal of Your Current Application - You will be refused based on the misrepresentation finding

IRCC will refuse the application even if you meet all other eligibility requirements.

Permanent Note in IRCC’s Internal System

A record of the misrepresentation will remain in IRCC’s database. This means future officers reviewing your file will see the past issue, which can influence their decision.

Problems with Future Applications with Government of Canada

A misrepresentation that occurred in the past can make it much harder for you to get approval for visas, work permits, PR, or citizenship in the future, as officers may question your credibility. It is very difficult to overcome a misrep ban, even after the 5 year period has elapsed.

Removal Order from Canada

If you are already in Canada , you could also be referred to an Admissibility Hearing before the Immigration Division of the Immigration and Refugee Board (IRB) . This is a formal hearing where a decision-maker reviews the evidence to decide if you are inadmissible for misrepresentation. If the hearing finds you inadmissible, you may receive a removal order and be subject to the same 5-year ban from the country.

Options if You Are Found Inadmissible to Canada

If you are found inadmissible for misrepresentation, your options may include:

Filing an appeal (if your case is eligible) to the Immigration Appeal Division
Applying for a Temporary Resident Permit (TRP) to enter Canada for a limited time.

Because each case is different, it’s important to get legal advice before taking action.

Notable Misrepresentation Cases

Canadian court decisions show that even small errors — or omissions you might think are harmless — can have serious consequences. In legal terms, if the information relates to a relevant matter in your application and could affect the decision, IRCC can treat it as misrepresentation. This is true whether the error was intentional or an innocent mistake, and whether it’s direct or indirectly misrepresenting the truth. The Federal Court often applies an objectively reasonable test to determine whether the information was material to the decision.

For example:

Permanent Residency applicant omitting a visa refusal – In Singh v. Canada (Citizenship and Immigration), the Federal Court upheld IRCC’s decision to refuse a permanent residence application and impose a 5-year ban after the applicant failed to disclose a previous visa application refusal from another country. Even though the applicant claimed it was an oversight, the court found the missing information was relevant to the assessment and that it was objectively reasonable for the officer to conclude it was material.
Unexplained bank deposit in a study permit application – In Kaur v. Canada (Citizenship and Immigration), a student provided genuine bank statements to prove sufficient funds, but a large deposit from a friend shortly before the application was not explained. IRCC considered this indirectly misrepresentation of financial resources because the source of funds was unclear, and the court agreed it amounted to misrepresentation.
Omitting a spouse or common-law partner before landing – In Baro v. Canada (Citizenship and Immigration), the applicant failed to disclose they had married before landing in Canada, despite being told in writing to report any change in marital status. The court found this omission to be relevant because IRCC uses marital status to determine eligibility, resulting in a refusal and a 5-year ban.
Concealing past criminal or terrorist involvement – In Mahmoud Mohammad Issa Mohammad v. Canada (Minister of Citizenship and Immigration), the applicant applied for Canadian residency in 1987 but concealed his membership in a terrorist organization and his role in a politically motivated attack. Decades later, after a lengthy legal process that came before several judges — including Justice Ahmed — he lost his permanent resident status and was deported in 2013.
Failing to disclose a dependent child – In Li v. Canada (Citizenship and Immigration), the applicant did not list their child — a family member from a previous relationship — in their permanent residence application. The court ruled the omission was relevant because it could have affected admissibility and sponsorship rights, leading to a 5-year ban.

These cases show why full and truthful disclosure — about everything from past visa refusals to personal relationships — is critical in any application. Even facts that seem minor or unrelated can be considered material if it IRCC believe they could influence the decision.

How to Avoid Misrepresentation

You can reduce the risk by:

Being 100% honest in every answer, and double checking with someone if you don't fully understand what the question is asking.
Providing certified translations for non-English/French documents submitted.
Using only authentic, unaltered documents .
Double-checking your forms before submission.
Getting help from a licensed immigration consultant (RCIC) or immigration law firm.

FAQs

Conclusion

Misrepresentation is one of the most serious issues in Canadian immigration. Even small mistakes can have life-changing consequences.

Always be truthful, disclose everything, and provide accurate information when answer questions. If you are unsure about any part of your application, get professional advice from a reputable, licensed representative before you submit.

At The Way Immigratio n, our team has successfully helped clients respond to allegations of misrepresentation, in order to protect their ability to come to or stay in Canada. Book a consultation today to discuss your situation and get the right advice before it’s too late.

All About Francophone Mobility Program

Mon, 18 Aug 2025 04:53:56 GMT

Introduction to the Francophone Mobility Work Permit

What Is the Francophone Mobility Work Permit Program? (LMIA exemption code c16)

The Francophone Mobility Program is a special Canadian immigration program that helps employers hire French-speaking foreign workers in a straightforward manner.

The Francophone Mobility Work Permit allows employers to skip the Labour Market Impact Assessment (LMIA), thus simplifying the hiring process of foreign nationals, specifically French speaking skilled workers, by making the process faster, cheaper and easier.

Why the Francophone Mobility Program Exists

Canada has two official languages, English and French.

The Francophone Mobility program was created to promote French skills and support the growth of Francophone communities outside Quebec by attracting more French speaking immigrants.

It allows Canadian companies to hire French speaking skilled workers without a Labour Market Impact Assessment LMIA . It helps Canada stay bilingual and diverse by attracting French speakers with a simplified hiring process.

Who Can Apply?

The Francophone Mobility Work Permit program is open to people that speak French from any country, and there is no age limit. If you are a French speaking worker and have a job offer in Canada (outside Quebec), you may be eligible.

Spouses and common-law partners of these work permit holders can apply for their own open work permit, depending on the type of occupation that the Francophone mobility worker is engaged in.

The dependent children of these work permit holders can also go to school or university at the same time. School age children may be able to attend school with or without a study permit, depending on their age and destination province. University age children will need to apply for their own study permit and meet all required eligibility factors.

Francophone mobility work permits enable Canadian work experience that may assist with making a person eligible to apply to become permanent resident in Canada.

Francophone Mobility Program Benefits

Benefits for French Speaking Workers

There are many advantages for French speaking foreign workers:

The Francophone Mobility Program offers a simplified and faster work permit application process.
There is no need for an Labour Market Impact Assessment (LMIA) - which makes it easier to get a job in Canada, and enables you to stay working in Canada even if the LMIA rules change.
The job does not need to be advertised to local workers before an LMIA application is submitted.
It provides a direct path to employment in Canada, with the possibility of transitioning to permanent residence.
Workers can bring their family members, including spouses/ common-law partners and dependent children, depending on the category of the worker's job.
Workers have the opportunity to gain Canadian work experience, which can be beneficial to their career development and Canadian immigration process.
The program supports the integration of French-speaking immigrants into Canadian communities.

Benefits for Canadian Employers

Employers also benefit from the Francophone Mobility program:

Canadian employers can hire French-speaking workers with an LMIA exemption.
The program makes the process of hiring easier, faster and less expensive because an LMIA is not needed.
Employers can access a pool of skilled and motivated French-speaking workers.
By participating in the program, employers support the growth of Francophone population and help to promote bilingualism in Canada.

Eligibility Criteria for the Francophone Mobility Program

French Language Ability Requirements

Applicants must show that they have French language ability in speaking and listening at an intermediate level. French does not need to be your first language, but you need to have a moderate command of French. Specifically, you need the equivalent to a level 5 or higher in Niveaux de compétence linguistique canadiens (NCLC) scale/ CLB (Canadian Language Benchmark) level 5 in speaking and listening.

Your French language proficiency can be proven through these approved language tests:

speaking and listening in a French evaluation test, such as Test d’évaluation de français (TEF) or Test de connaissance du français (TCF)
a written confirmation from a college or university for a program in French, for example, a transcript or an official letter of completion.
other documents that show education in French

Job Offer Requirements

To apply, you need a valid job offer from a Canadian employer outside Quebec. The job can be in either a high-skilled occupation or a low-skilled occupation, but not in the primary agriculture sector.

Location Requirement

To be eligible for the Francophone Mobility Program, the job must be located outside the province of Quebec. This is because Quebec has its own immigration system and is not part of this specific program.

Other Requirement

Applicants must meet the work permit eligibility requirements set by Immigration, Refugees and Citizenship Canada (IRCC), including being admissible to Canada and proving that you are capable of doing the job that is offered.

Application Process – Step by Step

1. Employer Submits Job Offer on the Employer Portal

The Canadian employer creates an account on the Employer Portal, obtains an employer number, and submits an offer of employment to IRCC through the Employer Portal using LMIA exemption code C16 for Mobilité Francophone. Note that the employer job offer must be submitted before the worker submits a work permit application - otherwise the work permit application will be refused.

2. Employer Pays Compliance Fee on the Employer Portal

A $230 CAD employer compliance fee must be paid through the employer portal at the time the e-job offer is submitted.

Once it's submitted, there is no communication with the employer from IRCC with respect to the e-job offer. In fact, no one even looks at the e-job offer until the work permit application is being assessed. It's a common misconception that the employer will get a decision one way or another if their job offer is accepted by IRCC. The only decision that is rendered is the work permit decision.

3. Applicant Applies for Work Permit with Immigration and Citizenship Canada

Once the job offer is registered, the foreign worker can create an online account and apply online for a work permit with the 7-digit offer of employment number with Immigration and Citizenship Canada.

4. Provide Supporting Documents for Yourself and Your Family Members

You must include your job offer, proof of French language skills, and identity documents. You may also need to give biometrics. Make sure to include the following and any other country-specific documents if needed:

Application forms
Passport
Offer of employment
Proof of French language proficiency
Proof of relationship (if family is applying too)
Proof that you meet the requirements of the job in Canada

5. Pay your fees and apply online

Prior to submission, you must pay the work permit processing fee for yourself and any application fees for family members that you are including in your application, as well as biometrics fee for each person applicable.

6. Wait for Processing

The application process has faster processing times compared to other programs, but this can vary by country.

7. Prepare for Arrival with Accompanying Family Members

If You Are from a Visa-Required Country

You will automatically be issued a Temporary Resident Visa (TRV) along with your work permit approval.
The TRV is placed in your passport.
It does not need a separate application in most cases.

If You Are from a Visa-Exempt Country

You will be issued an Electronic Travel Authorization (eTA) with your work permit approval.
The eTA is linked to your passport electronically.
You don’t usually need to apply separately for the eTA.

Francophone Mobility Work Permit Details

The Francophone Mobility Work Permit is an employer-specific work permit, also called a closed work permit. This means you can only work for the employer who offered you the job. If you want to change employers, you will need to reapply using a new e-job offer.

The work permit is usually valid for the same length as your job offer, or until your passport expires—whichever comes first. It can be renewed if your job continues and you’re still eligible for the program.

Pathway to Permanent Residency for French Speakers

Many foreign workers who come through the Francophone Mobility Program later apply for permanent residence. You may become eligible through:

Express Entry System

French-speaking applicants with Canadian work experience can earn extra points for permanent residency. IRCC also holds category-based draws specifically for French speakers, often with lower CRS cut-offs. Learn more in our article ' French Language Proficiency and Express Entry: A Complete Guide '

Provincial Nominee Programs (PNPs)

Several provinces have streams that target French-speaking candidates, especially those living or working outside Quebec.

Rural and Francophone Immigration Programs

Canada is actively encouraging French-speaking newcomers to settle in smaller cities and rural communities. The Rural and Francophone Immigration Program (sometimes called the Rural and Rural and Francophone Community Immigration Pilots

Canada has introduced two immigration pilots to encourage newcomers to settle outside major cities: the Rural Community Immigration Pilot (RCIP) and the Francophone Community Immigration Pilot (FCIP) . Both connect skilled workers with designated employers in smaller communities and provide a direct path to permanent residence.

Rural Community Immigration Pilot (RCIP)

The RCIP supports population and labour growth in rural areas across Canada. It is open to skilled workers who receive a job offer from an approved employer in a participating rural community.

You need a job offer from a designated employer in a participating rural community. Once you have that, you apply directly for PR under the pilot. No temporary work permit stage required (although some communities may also help you get a work permit while your PR is processed).

Eligibility highlights:

Valid job offer from a designated employer in a participating rural community
At least 1 year (1,560 hours) of relevant work experience in the past 3 years
Approved language test in English or French (minimum CLB varies by job type)
Canadian or equivalent foreign educational credential
Proof of settlement funds

Francophone Community Immigration Pilot (FCIP)

The FCIP encourages French-speaking skilled workers to settle in minority Francophone communities outside Quebec. With a job offer from a participating Francophone community and proof of French language ability (minimum CLB/NCLC 5), you can apply directly for PR under the pilot.

Eligibility highlights:

Valid job offer from a designated employer in a participating Francophone community
At least 1 year (1,560 hours) of relevant work experience in the past 3 years
French language test required : minimum CLB/NCLC 5 in listening, speaking, reading, and writing
Canadian or equivalent foreign educational credential
Proof of settlement funds

Francophone Minority Communities Student Pilot (FMCSP)

The Francophone Minority Communities Student Pilot (FMCSP) was introduced to help Francophone students study in Canadian institutions outside Quebec and contribute to local Francophone communities.

Eligible students may get study permit facilitation
Builds opportunities for settlement in minority-language regions
Offers a smoother transition to work permits and permanent residence

If you are already studying in Canada and wondering “I am an applicant under the Francophone Minority Communities Student Pilot — what does it mean for me?”, the main advantage is that this pilot connects you with settlement services and long-term immigration options in Canada.

Choosing the Right Francophone Pathway

Whether you are considering the Francophone Mobility Program, the Rural and Francophone Community Immigration Pilots, or the Francophone Minority Communities Student Pilot (FMCSP), each option offers unique benefits. Workers, students, and families can choose depending on their goals.

Program Administration

The Francophone Mobility Program is administered by Immigration, Refugees and Citizenship Canada (IRCC).

The program is part of the International Mobility Program, which aims to promote the mobility of foreign workers in Canada.

The program is designed to support the growth of Francophone population and promote bilingualism in Canada, especially in provinces and territories where French is not the majority language.

Conclusion

The Francophone Mobility Program offers a simplified and faster immigration process for French-speaking foreign nationals. It provides a direct path to employment in Canada and supports the growth of Francophone communities.

If you are wondering whether this program is right for you, get in touch with our experts and book your Canadian Immigration consultation today with our team of regulated Canadian Immigration Consultants. We can help guide you through your immigration journey, provide you with a personalized document checklist, prepare and review your application forms for your work permit application, make sure your employment offer is eligible, and verify that you meet the language requirements. In addition, we handle the applications for your accompanying children, to make sure your immigration process is smooth and worry-free.

Canada Parents and Grandparents Program 2025: Complete Guide to PGP Sponsorship (July 28 Launch)

Mon, 04 Aug 2025 05:34:47 GMT

Introduction

Canada’s Parents and Grandparents Program (PGP) 2025 launches on July 28, 2025 . Immigration, Refugees and Citizenship Canada (IRCC) will randomly send out 17,860 invitations over an approximately two week period to invite potential sponsors, with a goal of receiving 10,000 complete applications for permanent residence .

This year’s parents and grandparents program intake is limited to potential sponsors who submitted an interest to sponsor form in 2020 . No new interest forms will be accepted in 2025. Due to existing backlogs, Immigration, Refugees and Citizenship Canada (IRCC) is drawing from the large pool of submissions by it already received in 2020 for the parents and grandparents program.

In this guide, we’ll explain how you can sponsor parents or grandparents, who qualifies, how the process works, what costs to expect, and what your alternatives are if you’re not invited.

Sponsor Parents Canada 2025

The 2025 parents and grandparents program allows Canadian citizens and permanent residents to sponsor their parents or grandparents for permanent residency . The goal is to reunite families in Canada. This family reunification pathway is one of the most generous in the world, but it is also competitive due to limited intake each year.

The sponsorship application process includes the potential sponsor meeting eligibility requirements , proving financial capacity, submitting a complete application, and committing to supporting your family members for 20 years (or 10 years if in Quebec) that you sponsored through the parents and grandparents program.

PGP 2025: What You Need to Know

The IRCC will start sending invitations on July 28, 2025 , and continue into mid-August in an approximately two week period.
Only individuals from the previous year 2020 interest-to-sponsor pool are eligible.
No new interest form submitted to the pool will be accepted this year by the Canadian government for future intake.
If invited, you must submit the application electronically through IRCC’s Permanent Residence Portal , or through the representative permanent residence portal, if you are using a representative.
Once invited, you will have 60 days to submit a complete application.
Processing times are approximately 36 months for applicants outside Quebec and 48 months for those applying through Quebec as of July 2025.

Parents and Grandparents Program Intake 2025

The 2025 grandparents program intake is strictly limited to the sponsors who submitted the interest to sponsor form in 2020. IRCC is not reopening the interest-to-sponsor form this year.

This approach allows IRCC to manage the backlog of existing submissions while continuing to reunite families across Canada .

Interest to Sponsor Form

Submitting the interest to sponsor form is the first step for joining the PGP pool. It is typically released in a given year for individuals who wish to sponsor their parents or grandparents. However, no new interest to sponsor forms are being accepted in 2025.

If you submitted an interest to sponsor form in 2020, make sure to check the email you used at that time , including your junk and spam folders.

Eligibility & Requirements

To sponsor your parents or grandparents in 2025, you must:

Be 18 years of age or older
Be a Canadian citizen , permanent resident , or registered Indian
Live in Canada
Meet the income requirements based on your family size

Financial and Minimum Income Requirements

You as the sponsor must meet the Minimum Necessary Income (MNI) set by IRCC for the past three taxation years (2022, 2023, 2024). This income can include your spouse or common-law partner’s income if they co-sign the application. The minimum necessary income requirement is assessed based on the total income reported on your Canada Revenue Agency Notice of Assessment .

MNI Table (Outside Quebec)

Co-Signer

TIPS: If your individual income doesn’t meet the Minimum Necessary Income (MNI), a co-signer—who must be your spouse or common-law partner—can help you qualify by combining their Canadian income with yours. Note that the co-signer will need to meet the same eligibility requirements as you.

Sponsorship Undertaking Required by the Canadian Government

The sponsor and their partner (if co-signing) are required to sign a sponsorship agreement and undertaking with the Government of Canada to support the sponsored person(s) for 20 years (or 10 years if you live in Quebec)
If your parents or grandparents receive any social assistance during the undertaking period, you will have to repay those funds to the government.

PGP Application Process Step‑by‑Step

Step 1: Receive Your Invitation

Monitor your 2020 email address closely, and ensure you check your junk folders as well.
If you are invited to sponsor your parents, you’ll have 60 days to apply using IRCC’s PR Portal

Step 2: Gather Required Documents

You’ll need the following:

Application forms
Proof of income (Notices of Assessments from CRA)
Proof of Canadian citizenship or PR for sponsor
Proof of relationship (birth/adoption certificates)
Police certificates (valid for 6 months) for sponsored individuals
Medical exams
Biometrics (ages 14 to 79)
Resume for each applicant with information from age 18 to present

Step 3: Submit the Application

All documents must be submitted electronically.

Who Can You Sponsor

You can sponsor:

Your biological or adopted parents and grandparents
Their spouses or common-law partners
Their dependent children (if applicable)

You'll need to provide documents to prove the relationship between the sponsor and the applicants.

Financial Planning & Costs

Sponsoring parents or grandparents for permanent residence can be expensive, both upfront and long-term.

Government Fees (including Right of Permanent Residence Fee) :

Sponsorship fee: $85
Principal applicant: $1,120
Spouse/partner of applicant: $1,210
Dependent child: $175

Additional Costs:

Medical exams
Police certificates
Translations
Immigration consultant or lawyer (optional, but highly recommended)

Long-Term Commitment:

In addition to the government permanent residence fees, as part of your sponsorship undertaking, you are legally required to cover your sponsored family members’ basic needs, including food, shelter, and healthcare costs not covered by the province. This includes financially supporting the principal applicant as well as any dependents you have sponsored. If they use government assistance, you must repay it. This responsibility lasts for 20 years (or 10 years in Quebec ).

Success Tips & Common Mistakes

Tips for Success

Make sure you still have access to your 2020 email.
Check your junk and spam folders.
Start preparing the required documents, including all the application forms as early as possible.
Confirm your income meets the MNI requirement for the last three tax years.
Submit the permanent residence application as early as you can within the 60-day window.
Create a perfect application - mistakes will lead to your application being rejected as incomplete.

Common Mistakes

Missing the email invitation
Not meeting the financial support requirements
Incorrect translations or missing certified true copies of documents
Incomplete application - missing documents or gaps in your information on the application forms
Waiting too long to submit and missing the deadline

Frequently Asked Questions

Super Visa Alternative to the PGP Application

If you're not invited under the 2025 PGP, the Super Visa is a strong alternative to enable your parents to join you in Canada. The Super Visa allows parents and grandparents to come to Canada as long-term visitors on a multi-entry visa that remains valid for up to 10 years.

The Super Visa program is a multiple-entry visa valid for up to ten years , and each extended stay can last up to five years . After that, families may apply to extend the stay by up to two years .

Super Visa Highlights

Valid for ten years - come and go from Canada as many times as you like during that time
Stay up to five years per entry
Extensions possible for up to two years
Multiple entries allowed
Typically shorter processing times than the PGP
Requires private medical insurance from a Canadian provider

Unlike the PGP, the Super Visa does not grant permanent residency to your parents and grandparents. However, as many families are limited by the PGP intake, they would choose this option for faster reunification and flexibility. It also has fewer income requirements, though sponsors must still demonstrate adequate financial support for the visiting parent or grandparent.

To be eligible for the Super Visa program, the applicants must meet standard visitor visa requirements. You can learn more about the difference between a super visa and a standard visa in our article ' What is the Difference Between a Super Visa and Visitor Visa? '.

Conclusion and Next Steps

The 2025 PGP is an exciting opportunity to help your parents or grandparents become permanent residents in Canada. However, only those selected from the 2020 interest-to-sponsor pool will be eligible to apply, and only those who submit a perfect application to IRCC will be approved for PR. Starting July 28, it’s crucial to monitor your email inbox, including spam folders. If you receive an invitation, act quickly and make sure all documents are complete, translated if necessary, and submitted on time. If you’re not selected this year, the Super Visa provides a great alternative for long-term visits to Canada while you wait for future programs. It may also be helpful to consult a licensed immigration professional to ensure your application is as strong as possible and free of errors.

At The Way Immigration , we are experienced with parents and grandparents sponsorship as well as super visa applications. We would love to help you reunite with your love ones in Canada. Contact one of our professionals so that we can get started on your parents sponsorship application today!

Activating Your IEC Working Holiday Visa: An Arrival Guide for Canada

Wed, 30 Jul 2025 12:08:20 GMT

First of all, congratulations on your approval! An International Experience Canada IEC visa is a wonderful way to live and work in Canada. This guide will help you smoothly navigate the final steps of your IEC Canada journey.

Being able to work in Canada through an IEC Canada Working Holiday Visa unfolds in stages, and each stage involves various steps. You’ve been through many of these already during the application process. First, as an eligible candidate, you had to enter your profile in the Canada International Experience pool, meet the requirements set out by the Canadian government and receive an invitation to apply for the open work permit. That was the first exciting stage – to receive an invitation from the IEC visa pool, especially with the caps for each country! Next, you had to compile your required documents, submit the application, pay the appropriate fee and wait anxiously for a couple of months for the decision. Processing times of the work permit application can vary, but many applicants receive a decision within eight weeks. Finally, a positive decision arrived!

Now you are at the most crucial stage of your working holiday visa experience – booking your flight. It is important to understand the arrival rules for your Canada working holiday visa to ensure the process goes smoothly.

In this article we discuss what happens at the Canadian border and how IEC participants can best prepare for a successful entry.

What is the International Experience Canada (IEC) Program?

Canada’s Working Holiday Visa program is one of the broader International Experience Canada (IEC) categories, which operates through bilateral youth mobility agreements between Canada and more than 30 participating countries. These agreements allow young foreign workers to live and work in Canada for a temporary period, usually up to 12 or 24 months depending on your home country.

Many participating countries in the IEC program offer the Canada Working Holiday visa stream, while most countries also offer the Young Professionals or International Co-op (Internship) categories, depending on their bilateral agreement with Canada.

The Working Holiday category is just one stream under these agreements, designed to promote cultural exchange and help young adults gain international experience. The exact terms and eligibility can vary by country, including the number of spots available each year and the types of IEC categories.

IEC visa pools can fill up quickly, and spots are limited based on your nationality. If you're interested in a particular category, it’s best to apply early to improve your chances of receiving an invitation to apply.

Other IEC categories include the Young Professionals and International Co-op (Internship) streams, each with their own IEC visa pools. We’ll cover these other IEC categories in more detail in a future article.

Preparing for Your Arrival in Canada

Your Port of Entry (POE) Letter for your work holiday visa is typically valid for 12 months, meaning you must enter Canada and activate your permit within that time frame. The approval letter is sometimes called the Letter of Introduction or the Port of Entry letter. This letter should also confirm that your eTA (electronic Travel Authorization) has been issued. Most IEC applicants will need an eTA to board a plane to Canada, and the eTA should have been automatically approved when the IEC was approved. (Note, however, that your eTA is linked to your passport, so you need to travel to the country with the same passport you used to apply for the working holiday).

Keep in mind that your eligibility can be reassessed at the port of entry, so bring all required documents that demonstrate you meet the IEC eligibility criteria.

If, for some reason, you decide not to travel to Canada before your port of entry letter expires, then you will need to enter the IEC pool again and go through the entire work permit application process in order to get a new Port of Entry letter. Letting your POE letter expire without activating your work permit does not count as a participation in terms of the number of times you can obtain an IEC work permit.

Your Port of Entry Document Checklist for the IEC Work Permit

Although your documents were already examined during the work permit application by the Immigration and Citizenship Canada visa officer before you were approved, the border officer has the right to examine them again to make sure you keep meeting the eligibility criteria. Remember, it is the border officer’s decision to issue the final permit, so you want to have these documents ready for examination and present evidence of your eligibility as the officer may request.

Of course, a valid IEC approval letter is the most essential document to present to the officer. Your valid passport is also necessary and must be valid for the whole period of your intended stay.

Some other documents are also needed to ensure the process goes smoothly. Make sure you bring the following documents with you, preferably as paper copies instead of electronic form:

Application Documents & Police Certificates

You should bring copies of any documents you used to obtain the IEC approval such as proof of residency, your resume and any police certificates . In fact, for any documents that you ordered especially for the IEC process (e.g. a police certificate), you can bring the original. For other documents a paper copy is fine. Bring your paper copies in your carry-on bag rather than your checked luggage.

Some border officers may ask for additional documents, especially if there are any inconsistencies or missing details in your application. It’s always a good idea to bring both printed and electronic versions of everything you submitted.

Proof of Health Insurance

You will need proof of health insurance coverage for the entire length of your stay in the country. This may be a travel insurance policy that includes comprehensive medical coverage. If your insurance is for a shorter period, your working holiday visa will only be issued for that shorter time. In this situation, you will not be able to obtain any extension.

Some applicants assume they can extend their work permit in Canada once they buy another year of insurance. But this is not the case. IEC permits are not supposed to be extended if the reason they were issued for a shorter duration was because the medical insurance was not valid for the entire stay. This is the official policy of IRCC (immigration, Refugees and Citizenship Canada) , and we don’t recommend that you take any chances. Buy the proper medical insurance! If an insurance company will not issue a two-year health insurance policy, then contact other insurers or try to purchase two consecutive one-year policies.

I do want to mention that we have seen cases where clients’ IEC permits were extended inside the country by providing additional medical insurance. Therefore, it is definitely worth applying for an extension if you find yourself in this situation. But you need to understand that it is considered a pleasant surprise to get an extended period in this situation, it is not your right to do so.

Immigration Medical Exam Results (If Applicable)

An open work permit generally allows you to work for a Canadian employer in any location or workplace in the country, including seasonal work, as opposed to an employer specific work permit.

However, even with an open permit, there is an exception for work in the fields of agriculture, health care and education, including day care and live-in care giving – where you must first pass a medical exam to protect the health of Canadians. If you plan to work in these fields, it is important to take the immigration medical exam in advance through a panel physician in your own country and bring the e-medical paper with you to present to the border officer. This enables the officer to issue a permit that allows you to work in any field, without restriction. Otherwise, your working holiday permit will not allow you to work in healthcare, education, or agriculture. It is possible to change the permit by getting a medical exam in Canada, but this will cause significant delays (months) before you can start to work.

Proof of Funds ($2,500 CAD)

The border officer will ask you for proof of funds to cover initial expenses in the country, so you should be prepared to prove your financial resources.

A key requirement for the working holiday visa Canada is providing proof of funds at the border. You must be prepared to present a bank statement (issued within 7 days of travel) showing you have at least the equivalent of $2,500 CAD. If you are printing your bank statement from online, ensure it clearly shows your name and the effective date of the statement.

Be careful about travelling with an excess of funds, as anyone who arrives in the country with the equivalent of CAD $10,000 or more must declare this to a border officer. It may be in the form of cash, travelers cheques or any other liquid assets travelling with you in physical format. The failure to declare it is a serious offence and CBSA will take away all of your money.

Proof of Onward Travel or Sufficient Funds

If you plan to be in the country for the whole duration of your working holiday permit, a departure ticket may not be practical; therefore, you do not need to purchase a round trip ticket upfront. However, the border officer needs to be satisfied you have sufficient funds to return home after your authorized stay. There are two ways to prove this. First, you can prove you have the funds in your bank account over and above CAD $2500 for a one-way ticket home; or, if you know you will be making a trip home (or to some other country) during your Canadian stay, you can purchase that ticket before your arrival and present it as proof of the ability to leave the country.

Getting Your IEC Work Permit at the Airport

Your approval letter authorizes you to travel and request your permit. Remember, the letter itself is not your IEC work permit – that official document is only issued by a border officer upon your arrival. Nor does the letter guarantee a work permit will be issued.

The border officer alone decides whether to issue the working holiday permit, after being satisfied that you meet the requirements from your country of nationality and you are admissible. Once they are satisfied, they will print out the work permit for you.

The immigration process takes places at the first Canadian port of entry you enter Canada. If you are not flying directly to your final destination, it is important to ensure you have enough time between connecting flights to get your permit. Three hours is recommended. The process itself will only take a few minutes, but anything can happen – for example, there might be a long line-up that day!

When you enter Canada, tell the border officer you are seeking a working holiday permit and they will refer you to a side office to examine your documents and confirm things in their computer system. If all is in order, the officer will print out your open work permit then. Your authorization to work will start that day and will be valid for two years (unless your country has a different time frame for working holiday visas).

Note that flagpoling to obtain an IEC work permit is no longer permitted. Only US citizens can activate their IEC work permits at either a Canada / US land border, or by flying into Canada from the US. If you are not a US citizen, then you must fly into Canada from a different location (not the US) in order to have your work permit printed. If you were already inside of Canada with a valid IEC work permit at the time you applied for a new IEC working holiday visa, then you can also ask IRCC to print your IEC work permit and mail it to you at your Canadian address.

Important: Check Your Work Permit for Errors

Ensure you check your working holiday permit carefully before finishing with the border services agent. You are checking to confirm everything is correct – the spelling of your name, your birth date, the start and end dates of your work authorization. Human error is possible, and getting the work permit changed at a later date is very difficult. For example, we have unfortunately seen cases where a work permit was issued with the end date of the work permit the same as the start date. This person is not authorized to work until they get it changed – and that can take a lot of time and effort.

If you believe there may be a mistake on your permit, be sure to tell the officer right away so that it can be corrected before you leave the office.

How to Get Your Social Insurance Number (SIN)

Once you have your work permit, you will need to apply for a Social Insurance Number (SIN) which is required for all workers in the country. It is free to obtain. Every employer will ask you for this number so they can make the proper deductions for tax purposes. There is now a desk for SIN applications at Pearson International Airport in Toronto, so if you obtain your work permit there, you can likely get your SIN at the same time. Otherwise, you can visit the nearest Service Canada office to apply in person, and a number will be issued to you immediately.

You can also apply for a SIN online but it takes up to 20 days to receive it when you apply online. You are allowed to start work in the country without your SIN, but you will not get paid until you can provide it.

Every employer will ask you for this number so they can make the proper deductions for tax purposes. Your SIN is often linked to your employment number in company records and is used to track your income and contributions to the Canada Revenue Agency.

Activating Your IEC Permit from Inside Canada (Flagpoling)

Some IEC applicants apply and get approved when they are already in the country with some other immigration status. If you are inland with lawful immigration status when your IEC work permit is approved, you can no longer attend at a land border to have your work permit issued. Flagpoling became a prohibited practice in Dec 2024.

There are a couple of other options for you to obtain your new IEC work permit.

1) You can fly out to a country that is not the United States, then return to Canada and get your new working holiday visa printed at the airport upon your return, OR

2) If you were inside of Canada with a valid IEC permit when you applied for the new one, then you can ask IRCC to print your new IEC permit and mail it to your Canadian address.

Even if you’re already in Canada, you must still meet the eligibility criteria for the IEC stream you're applying under before asking for your permit to be printed and mailed.

Leaving Canada on an IEC Work Permit

You might notice that your permit says: “This does not authorize re-entry”. Every permit states this. This phrase does not prevent you from leaving the country and returning during the period of your permit. It simply means the permit itself is not a guarantee of re-entry, as a border officer will still examine you and decide if Canada wants to let you in. For example, if you are found with illegal drugs on your person or you arrive with only 1 day left on your permit, you will likely not be permitted to re-enter even though you have a valid permit. But under normal circumstances, where your permit still has time left and there is no other reason to refuse you, you would most likely be allowed to return to complete your work period.

IEC Next Steps: Young Professionals & International Co-op (Internship) Visas

While most people are familiar with the Working Holiday Visa, it’s just one of several IEC categories under the International Experience Canada program. Depending on your nationality, you may be eligible for another IEC category even after completing a Working Holiday. These are employer specific work permits. For example, as a French passport holder, you may participate in the Working Holiday only once. If you meet the eligibility criteria, you may participate in IEC one more time through the young professionals category or the International Co-op (Internship) category. In some cases, you may even be able to participate in an additional IEC category through a recognized organization that facilitates cultural exchange and employment opportunities.

For young professionals looking to continue their journey after a working holiday, the Young Professionals visa Canada is a popular option. This IEC category requires a Canadian job offer related to your professional experience. This can be a great way to gain international work experience and build your work experience. The Young Professionals stream has more specific eligibility criteria, such as requiring a job offer related to your field of study or career goals. Unlike other work permits, an LMIA is not required—only a signed job offer letter is needed. The employer will need to register the job offer through the employer portal and pay the employer compliance fee. This is separate from the processing fees of the IEC work permit application. Then the young professional can apply for the IEC permit.

Another option is the International Co-op (Internship) stream, available to registered students in a post-secondary institution in their home country. This allows for an international co-op work placement or internship related to their studies in Canada.

Each IEC category has its own set of eligibility criteria, which are based on your country of citizenship, age, and type of work or study experience. If you are a young professional or a student that meets the eligibility criteria for another IEC stream, such as the Young Professionals or International Co-op (Internship) category, you may be able to extend your stay in Canada through a new permit.

Eligibility Requirements to Extend Your Stay

To qualify for any of these IEC categories, you must meet the specific eligibility criteria set out for the applicant's country. These eligibility criteria may include age limits (typically 18–30 or 18–35), financial support, health insurance, and more.

If you're no longer eligible under IEC, don’t worry—there are many other immigration pathways to consider. Depending on your goals, you might explore other types of work permits, study permits, or even permanent residence options. A professional immigration adviser can help you assess your eligibility and guide you through the next steps.

From IEC to PR: Your Pathway to Permanent Residence

You will probably find that time passes very quickly when you are in Canada on your working holiday! Many foreign youth like to keep open the possibility of staying beyond their working holiday time and possibly even apply for permanent residence , especially after finding their dream jobs here. If this is you, it is best to meet with an immigration professional early in the process, even before you start looking for a job. Indeed, it possible to have an online consultation even before you come to Canada. This is because the Canadian province where you settle, and the type of job you accept, can both be very relevant to qualifying for Permanent Residence in the future. Your open work permit gives you almost unlimited options with Canadian employers, but the decisions you make during your first few days in the country can make a huge difference in being able to stay or having to leave once your initial working holiday period is finished. Our best advice is – plan ahead!

At The Way Immigration , our team is an expert resource for all IEC immigration pathways. We have helped hundreds of applicants secure their IEC visa Canada and can guide you on your journey to temporary or permanent residence. We would be pleased to help you with your IEC application to ensure you can maximize this unique opportunity to achieve your long term Alberta immigration goals. We can also explore other temporary and permanent options if IEC is not feasible for you. Contact one of our professionals for a consultation today!

Working Holiday Visa Expiring? Here's How to Stay in Canada

Wed, 23 Jul 2025 11:51:52 GMT

Introduction

The Working Holiday Visa (work permit) is part of Canadian government's International Experience Canada (IEC work permit) program . IEC participants in the Working Holiday category can receive an open work permit, with a validity period of one to two years. To be eligible, most applicants must be between 18 and 35 years old and from an eligible country.

For most people, the Working Holiday is a one-time opportunity . Once it expires, you can’t renew or extend the original work permit — unless you’re from a country that allows multiple participations or you’re eligible under a different IEC category. Each country that participates in the IEC program has specific eligibility requirements and work permit durations.

If your Working Holiday visa is coming to an end and you want to stay in Canada, it’s important to know your options before it expires . In this article, we’ll go over different legal pathways you can consider, such as a new work permit application, switching to a study permit, or exploring permanent residency.

Can I Extend My Working Holiday Visa?

In most cases, you cannot extend your Working Holiday visa. It is meant to be a one-time opportunity under the International Experience Canada (IEC) program .

However, depending on your situation, you may be able to apply again for a new participation — but these are not work permit extensions , and they don’t grant you maintained status , even if you apply before the expiry date of your initially granted work permit. You’ll need to leave Canada and wait for your new work permit application to be approved before you can return and work again; OR apply for visitor status and remain waiting for the approval of your new permit in Canada.

The only option for extension of a working holiday permit is if your original work permit was cut short because of your passport expiry. If this is your situation, you can apply for an extension once you have your new passport.

Note that you are not eligible for an extension of your IEC permit if it was cut short because you did not present private medical insurance that was valid for the entire length of your approved participation. If you arrived to the port of entry with medical insurance that was too short, then unfortunately you are out of luck. Your work permit validity will not change.

How to qualify for a 2nd IEC Participation

1. Applying for a second participation in Working Holiday

'Extensions' for the IEC work permits are subject to the maximum allowed time under the agreement with your country.

Some countries have agreements with Canadian immigration authorities that allow their citizens to participate in the IEC work permit program more than once , sometimes under the same category. For example, British citizens can participate in IEC twice under any work permit category, including working holiday. The maximum length for the first participation is 24 months and the maximum length for the second participation is 12 months, bringing the entire length to 36 months.

You must still meet the age and eligibility requirements and apply again through the IEC pool. This is treated as a brand-new application , not an extension. You will need a new Invitation to Apply (ITA) and a new Port of Entry Letter , and you will need to activate your new work permit with a Canadian border services officer or an immigration officer at a later date. The process is much the same as the first time - you will want to bring proof of medical insurance coverage as well as proof of means of financial support.

2. Applying for a different work permit under International Experience Canada

If you originally entered Canada as a working holiday participant, you may be able to participate again under a different IEC category , such as:

Young Professionals

You will need a valid e-job offer in your field of study or professional experience. These work permits are intended to help with your professional development. Note that you will receive an employer-specific work permit and your employer will need to pay an employer compliance fee, currently $230. This is in addition to the IEC work permit processing fee.

International Co-op (Internship)

You may be eligible for an IEC International Co-op work permit if you are a student enrolled in a post-secondary program in your home country, and you need a work placement or internship in Canada as part of your studies. Note that the employer compliance fee applies, and your prospective Canadian employer will need to submit an e-job offer.

Not everyone is eligible for multiple IEC participations. Whether you can switch to another category depends on:

Your country of citizenship
The participation limits set for your country under the IEC agreement
Your current age and whether you still meet the IEC eligibility criteria

It’s important to check the official Immigration and Citizenship Canada website to see if your country allows more than one participation, and whether you qualify for a different category.

Note that applicants under the Young Professionals and International Co-op categories can only change employers if they have a valid reason.

3. IEC participation with dual citizenship

If you have dual citizenship , you may be able to apply again using your second passport , as long as:

The second country of your valid passport also has an IEC agreement with Canada
You haven’t already used up your participation limit under that country
You meet the eligibility requirements (age, health insurance coverage, etc.)
You must have health insurance that covers the entire duration of your intended stay in Canada.

This is still considered a separate application and doesn’t give you maintained status like other regular work permit extensions. Ensure that you monitory the expiry date of your current permit in Canada to ensure that you don't inadvertently become illegal while waiting for the approval of your next participation.

4. Using a Recognized Organization (RO)

Some candidates can get extra IEC participations by applying through a Recognized Organization (RO) . These are private or non-profit organizations approved by Immigration and Citizenship Canada to support young people coming to Canada.

If your IEC country only allows one participation, using an RO may allow you to:

Apply for a second or even third IEC permit
Participate under a different category (e.g. Young Professionals instead of Working Holiday)
Avoid standard country quotas or waiting lists

Each RO has its own programs, fees, and eligibility rules. You still need to apply through the regular IEC process and wait for an ITA, but a support letter from a RO is a guaranteed way to get an invitation to apply for the permit.

To apply through an RO, you must:

Have an agreement with one of the approved organizations
Apply while still within the age limit
Leave and re-enter Canada once your new permit is approved

How to Stay in Canada without an IEC work permit

If you’ve checked and found that you're not eligible to extend your Working Holiday visa work permit, or get a new participation, don’t worry — there are still ways to stay in Canada legally .

Let’s go over the most common pathways that Working Holiday participants can consider after their visa ends.

Option 1: Get an LMIA-Based Work Permit

If you’ve been working for an employer who wants to keep you employed after your Working Holiday visa ends, they may be able to help you stay by supporting your application for a Labour Market Impact Assessment (LMIA) .

An LMIA is a document that your employer must get from Employment and Social Development Canada (ESDC) . It shows that they tried to hire a Canadian citizen or permanent resident first, but couldn’t find anyone suitable for the job.

If the LMIA is approved , you can use it to apply for a new employer-specific work permit . This means your new work permit will be tied to the same employer, same job, and same location, and your working conditions need to comply with the LMIA.

However, getting an LMIA is not easy:

Your employer must advertise the job and meet strict requirements
The process takes time and involves government fees

If your employer is supportive and committed, this can be a good option to stay and continue working in Canada for the same employer legally.

To learn more about the LMIA work permit, read our article ' The Ultimate Guide to LMIA-based Work Permits in Canada: A Step-by-Step Solution '.

Option 2: Apply for a Spousal Open Work Permit

If you’re in a married or common-law relationship with someone who is already working or studying in Canada , you may be able to apply for a spousal open work permit (SOWP) . This type of permit lets you work for any employer and is not tied to a specific job or location.

However, as of January 21, 2025 , IRCC has introduced stricter eligibility rules , especially for spouses of international students and lower-skilled workers.

To learn more about the spousal open work permit and other types of open work permits, read our article ' Everything You Need to Know About Open Work Permits in Canada '.

If Your Spouse Is an International Student

You may be eligible for an SOWP only if your spouse is studying in one of the following:

A Master’s program lasting at least 16 months
A Doctoral (PhD) program
A professional program , such as medicine, law, nursing, dentistry, or engineering

If your spouse is studying in a short-term certificate or diploma program, or a Master's that is under 16 months, you are no longer eligible for a spousal open work permit under the new policy.

If Your Spouse Is a Foreign Worker

You may qualify if your spouse:

Works in a TEER 0 or 1 occupation , or in a select TEER 2 or 3 occupation facing labour shortages
Has at least 16 months of validity period remaining on their work permit when you apply

Spouses of workers in lower-skilled (TEER 4 or 5) jobs no longer qualify under these new rules.

Other Requirements

To apply, you’ll still need to show proof of your relationship, such as:

A marriage certificate or
Proof of at least 12 months of cohabitation (for common-law partners), and
Supporting documents like joint leases, bills, or bank accounts

Option 3: Apply for a Canadian Study Permit

If you'd like to continue living in Canada and gain new skills, you can apply for a study permit — as long as you’re accepted to a Designated Learning Institution (DLI) . This option allows you to stay in Canada legally as a student, and in many cases, work part-time during your studies.

To follow this path, you must:

Apply for and receive an acceptance letter from a DLI
Submit your study permit application before your Working Holiday visa expires
Show that you have enough funds to support yourself during your studies

Important: You cannot start studying until your study permit is approved . So it’s best to plan ahead and apply as early as possible.

In some cases, graduating from an eligible program of studies can make you eligible for a Post-Graduation Work Permit (PGWP) . This can allow you to stay and work in Canada after finishing your studies , and later apply for permanent residence through programs like Express Entry.

If you're interested in long-term options in Canada, this can be a smart investment in your future — just be sure to choose a program and school that qualifies for PGWP if that’s your goal. Read our article ' How To Apply for a Study Permit to Canada ' to learn more.

Option 4: Change to Visitor Status/ Visitor Record

If you’re not ready to leave Canada but aren’t eligible for another work or study permit yet, you can apply to change your status to a visitor . This allows you to stay in Canada legally for a bit longer while you figure out your next steps.

To do this, you must:

Submit the application before your work permit expires
Show that you have enough funds to support yourself as a visitor (since you won’t be working)
Provide a valid reason that you want to stay in Canada as a visitor

As a visitor, you’re not allowed to work or study , but this option can give you more time to:

Prepare a future work or study permit application
Wait for an IEC Invitation to Apply (if you’re eligible for a second participation)
Finalize documents for a permanent residence application

Changing to visitor status is a temporary solution , but it helps you stay in Canada legally and avoid losing status while making long-term plans.

Option 5: Permanent Residence Pathways

If you’ve gained at least one year of full-time skilled work experience in Canada during your Working Holiday stay, you may already be eligible to apply for permanent residence (PR) . The Canadian immigration system has many permanent residency programs to help immigrants start their new life in Canada quickly and effectively.

Here are some of the main PR pathways:

Express Entry – Canadian Experience Class (CEC)

Express Entry is a federal program that allows skilled foreign workers to get permanent residence in Canada in as little as six months.

If your work experience in Canada was in a skilled occupation (TEER 0, 1, 2, or 3) , you may qualify to apply under the Canadian Experience Class (CEC) stream of Express Entry .

Applicants for Express Entry must create a profile on the IRCC website and enter their details to receive a Comprehensive Ranking System (CRS) score .

Each Express Entry draw occurs roughly every two weeks and offers Invitations to Apply (ITA) for permanent residency to candidates with the highest CRS scores.

Provincial Nominee Programs (PNP)

Most provinces and territories have their own PNP streams , some of which are designed for temporary foreign workers who have gained local work experience on valid work permits. These can be online or paper applications.

If you're already working in a province or have a job offer, you may be eligible to apply for a nomination — which may boost your chances in Express Entry or lead to a direct PR application.

A Canadian Provincial Nominee Program can add up to 600 points to your CRS score for Express Entry, increasing your chances of receiving an ITA.

To be eligible for a Provincial Nominee Program (PNP), under most circumstances, you should have a valid job offer from a Canadian employer and meet language requirements.

Spousal Sponsorship

If you’re in a genuine relationship with a Canadian citizen or permanent resident , they may be able to sponsor you for PR . This applies to both married couples and common-law partners (living together for at least 12 months). This is one of the most straightforward PR pathways for those in long-term relationships. Note that paper applications are no longer accepted except for when special accommodations are granted.

Frequently Asked Questions

Final Thoughts

While most Working Holiday permits cannot be extended , there are still several legal ways to stay in Canada longer — whether through a new work permit, a study permit, or even permanent residence.

The key is to know your options, act early, and make a plan before your status expires. Timing matters, and taking the right steps now can help you avoid losing status at the expiry date or missing opportunities.

If you’re unsure which path is right for you, consider speaking with a regulated Canadian immigration consultant who can guide you based on your unique situation.

The Way Immigration has extensive experience with IEC work permits since 2008. Contact the best immigration consultant in Calgary and book your consultation today for assistance with extending your stay in Canada after your working holiday.

How Long Can I Stay in Canada After My Work Permit Expires?

Wed, 23 Jul 2025 10:27:59 GMT

Introduction

A Canadian work permit (WP) is a document that allows a foreign national to work legally in Canada for a limited period. It is not the same as permanent residency, and it comes with an expiry date.

If your WP is about to expire or has already expired, it’s important to understand what that means for your status in Canada. Can you stay? Can you keep working? What are your options?

In this article, we’ll explain what happens with your WP expiry, whether you can stay or work under maintained (implied) status , the application process to extend your work permit, and what other immigration pathways may be available to you.

What Happens When Your Current Work Permit Expires

At the expiry of your WP, you lose your legal right to work in Canada . You may also lose your temporary resident status, depending on your situation. To maintain your ability to stay and work in Canada, you must apply for a new work permit, through an inland stream, before your existing work permit expiry.

If you didn’t apply to extend or change your permit before it expired , you must stop working immediately. You can apply to restore your status as a worker within 90 days of your work permit's expiration date., but you cannot work during this period. If you don’t apply to restore your status within that time, you’ll need to leave Canada.

It’s important to act early to avoid becoming out of status, which can make it harder to stay in Canada or return in the future.

Maintained Status: Can You Keep Working After Your Work Permit Expiry?

If you applied to extend your Canadian work permit before it expired , you may be allowed to stay and keep working legally while you wait for a decision. This is called maintained status (formerly known as “implied status”).

Under this status, you can:

Stay in the country while IRCC processes your application.
Maintain your legal status in Canada and keep working under the same conditions as your expired permit (e.g. same employer and job if it’s an employer-specific work permit).

But you only get this benefit if:

Your extension application was submitted before your initial work permit expiry.
You are not switching to a different type of status (like from worker to visitor or student).
You applied for an inland work permit process using the IMM 5710. Overseas applications using the IMM 1295 or the IEC work permit pathway do not provide you with maintained status.

If you applied on time, but applied to change to a different type of status (e.g. change from worker to visitor), you can stay in the country while waiting for a decision, but you must stop working after your current permit expiry date.

Maintained status provides a helpful option to avoid gaps in your work history, but the rules must be followed carefully to avoid running into immigration trouble.

Extending Your Work Permit

If you want to keep working in Canada, it’s important to apply to extend your Canadian work permit before it expires . Applying early helps you stay in legal status and may allow you to keep working under maintained status during your new application process.

How to Apply to Extend Your Work Permit - Online Application

The process for extending a WP typically involves submitting your application online. You’ll need to create an online account, fill out application forms, upload documents, and pay the required fees. In some rare cases, you can apply on paper, but applying online is faster and more common.

It's important to note that you cannot extend your work permit just because you want to work longer. You must be eligible to extend your work permit because of either IRCC regulation or policy.

In order to extend your existing WP in Canada, you must have a valid WP at the time of submitting your new application.

Eligibility Requirements: Who Can Apply for a Work Permit Extension

To extend your work permit, you must be in one of the situations outlined below:

Your existing work permit was not issued for the full time period that it should have been issued, because your passport was expiring. In this situation, you can apply for an extension once you have your new passport.
You have a new LMIA from your Canadian employer
You have a new e-job offer from the same company
You have received a Provincial Nomination Certificate
You have applied for Permanent Residence
You are eligible for an open work permit because of your spouse or common law partner's immigration situation

If you're on an open work permit (like a spousal open work permit or IEC), the process may be simpler and not tied to a specific employer. To find out more about what to do after your working holiday visa expiry, read our article ' Working Holiday Visa Expiring? Here's How to Stay in Canada '. After your Post-Graduation Work Permit (PGWP) expires, you must find other options to if you want to stay. To learn more about your options after a Post-Graduation Work Permit, read our article ' Essential Guide to PGWP 'Extension': Options and Updates for 2025 '.

Required Documents for a Work Permit Extension

Application Forms
A copy of your job offer letter or employment contract
A valid Labour Market Impact Assessment (LMIA) (if required)
A valid passport that won’t expire soon - note that your new WP will not be issued beyond the validity of your passport
A recent passport scan showing your ID page and any Canadian entry stamps
Proof of status in Canada (like your current work permit)
Police certificate/ criminal record
Optional: medical exam results (if required for your job or region)

You should collect the necessary supporting documents in advance. When applying for a work permit renewal, ensure all required documents included in your application package are up-to-date, complete, and accurate.

Tip: There are different application instructions for different types of work permits. Most work permit extension applications must be submitted online; however, to apply to extend a Post Graduation work permit or an IEC work permit, you must apply using paper.

Fees for Work Permit Extension

The standard fee is $155 CAD for most work permit extensions. If you're applying for an open work permit, you’ll also need to pay an extra $100 CAD open permit holder fee .

What to Do While Waiting for Your Work Permit Extension

If you applied before your current permit expired, you may stay in the country and continue working legally under the same conditions as your current work permit, while IRCC processes your new application.

While waiting, make sure to:

Keep a copy of your online application confirmation
Save all receipts and tracking numbers , whether you applied online or on paper
Regularly check your IRCC account for updates and further instructions

Avoid leaving the country during this time unless absolutely necessary. If you leave while on maintained status, you will lose the right to work when you re-enter Canada. CBSA officers at the border may allow you to enter Canada as a visitor upon return, but you will not be permitted to resume work until your new permit is approved. To stay on the safe side, it’s best to remain in Canada until you receive a decision.

Do I Need to Extend My Visitor Visa Too?

If you’re applying to extend your Canadian work permit from inside Canada , you do not need to extend your visitor visa (TRV) at the same time.

A Temporary Resident Visa (TRV) is the visa sticker in your passport that allows you to enter Canada — it does not control how long you can stay . Your ability to stay is controlled by your work permit, not your TRV.

If you plan to leave and re-enter Canada in the future, and your TRV will expire soon, then you can apply to renew your TRV after your new WP is approved. You’ll need a valid permit to apply for a new TRV from inside Canada.

Bridging Open Work Permit (BOWP): For PR Applicants

If you’ve applied for Canadian permanent residence (PR) through a program like Express Entry or a Provincial Nominee Program (PNP) , you may be eligible for a Bridging Open Work Permit (BOWP) . This lets you keep working in Canada with a 'temporary' work permit while waiting for a decision on your permanent resident application.

To qualify for a BOWP, you must meet the eligibility criteria:

Have submitted a complete permanent residence application under one of the eligible economic programs (like CEC, FSW, FST, or PNP).
Already hold a valid work permit at the time you apply for the BOWP.
Be living in Canada when you apply.

The BOWP is an open work permit , meaning you don’t need a specific job offer or LMIA. It gives you the freedom to work for almost any employer in Canada while your permanent residency application is in process. Note however, that if your application for Permanent Residence is tied to your job in Canada, then changing employers at this stage could jeopardize your PR application. You need definite clarity on that point before considering a change in employment.

The BOWP is a great option for workers who are getting close to their present work permit expiry but have already taken steps toward PR.

Other Work Permit Options - Apply for a 'New' Work Permit

If you’re not eligible to extend your current work permit, there may still be other ways to stay and work in Canada. Below are some common work permit options:

LMIA-Based Work Permits - Job Offer Required

If your employer is willing to support you, they can apply for a Labour Market Impact Assessment (LMIA) . A positive LMIA allows you to apply for a new employer specific work permit tied to that employer. This option can take time and requires your Canadian employer to prove that no Canadian was available for the job and they need to hire foreign workers. Your LMIA work permit will be an employer specific work permit.

International Mobility Program

Spousal Open Work Permits

If your spouse or common-law partner is a temporary foreign worker or international student , or has applied for PR , you may be able to apply for a spousal open work permit . This type of permit lets you work for almost any employer in Canada.

International Experience Canada (IEC)

If you're from a country that has a youth mobility agreement with Canada, and you're within the eligible age range (usually 18–30 or 35), you might qualify for a new work permit under the IEC program . This includes categories like Working Holiday, Young Professionals, or International Co-op.

CUSMA Work Permits

If you’re a citizen of the United States or Mexico , you may be eligible to work in Canada under the Canada–United States–Mexico Agreement (CUSMA) . You’ll need a qualifying job offer and the right supporting documents, but no LMIA is required.

Open Work Permits for Vulnerable Workers

If you’re experiencing abuse or risk of abuse in your current job in Canada, you may be eligible for an open work permit for vulnerable workers . This allows you to leave your employer and work elsewhere at a new job in a safer environment.

If You Can’t Extend Your Work Permit: Other Temporary Options

If you’re not eligible to extend your work permit, you may still be able to stay temporarily by changing your status to either a visitor or a student — as long as you apply for the new permit before your current permit expires .

Changing to Visitor Status

You can apply to change your status to a visitor if you want to stay in the country longer but don't plan to work or study. This gives you extra time to explore your options (like finding a new employer or applying for PR), but:

You are not allowed to work or study while on visitor status.
You must apply before your work permit expires .
You must show that you have enough money to support yourself without working in Canada.

This is only a temporary solution , but it can give you a chance to figure out your next step legally, like securing a new job, without needing to leave Canada right away. If you find a new job while you are on visitor statu, you will need to apply for a new work permit prior to start working.

Keep in mind that you must show the immigration officer valid reasons that you want to stay in Canada as a visitor.

Applying for a Study Permit

If you’ve been accepted into a Designated Learning Institution (DLI) in Canada, you can apply for a study permit . This may be a good way to stay in the country longer and gain new qualifications.

Important:

You cannot start studying until your study permit is approved.
You must apply before your work permit expires to stay in status.
Studying in Canada can help you qualify for future immigration programs, including PGWP or Express Entry .

Changing your status from worker to visitor or student may help you legally stay in Canada with valid status while preparing for your next chapter.

Pathways to Canadian Permanent Residency

If your goal is to stay in Canada long term, you may want to explore applying for PR. There are several programs available, depending on your work experience, education, location, and family situation.

Express Entry

Express Entry is Canada’s main system for skilled workers. It includes three programs:

Canadian Experience Class (CEC) – for people with at least one year of skilled work experience in Canada.
Federal Skilled Worker (FSW) – for people with skilled work experience gained outside Canada.
Federal Skilled Trades (FST) – for people with experience in skilled trades.

You need to meet the minimum requirements, for example, work experience, educational requirement and language proficiency requirements, and create an online profile. If your score is high enough, you may get an invitation to apply for PR.

Provincial Nominee Program (PNP)

Each province in Canada has its own immigration program. If you have a job offer or work experience in a specific province, you may be able to apply for a provincial nomination , which can help you qualify for PR — sometimes through Express Entry, and sometimes directly.

Spousal Sponsorship

If you're married to or in a common-law relationship with a Canadian citizen or permanent resident, they may be able to sponsor you for permanent residence. This option is available whether you're already in Canada or living outside the country.

Atlantic Immigration Program (AIP)

If you live and work in Nova Scotia, New Brunswick, Newfoundland and Labrador, or Prince Edward Island , you may be eligible for the Atlantic Immigration Program . You’ll need a job offer from a designated employer and meet language and education requirements.

Express Entry (CEC, FSW) – if you meet the eligibility.
PNPs – province-specific options for workers with job offers or experience.
Spousal sponsorship – if you’re married or in a common-law relationship with a Canadian.
Atlantic Immigration Program – for workers in Atlantic provinces.

What If Your Work Permit Already Expired?

If your work permit has already expired and you did not apply to extend it in time , you may still have a chance to stay in Canada — but you need to act quickly.

You can apply to restore your status within 90 days of your permit expiring. This allows you to stay in Canada legally while IRCC processes your restoration request.

However:

You must be eligible for an extension to your work permit - see potential situations above
You cannot work while waiting for a decision on your restoration application.
You must pay a restoration fee (currently $239.75 CAD, plus the regular work permit fee).
You must explain why you stayed in Canada after your permit expired and show that you still meet the conditions of your original work permit.

Restoration is a one-time opportunity. If you miss the 90-day window or your application is refused, you may have to exit Canada and reapply from outside the country.

When You Must Leave Canada

If you're not eligible to extend your work permit, change your status, or apply for restoration, you’ll need to leave Canada .

Leaving the country on your own — before you overstay — is important to avoid serious consequences. It shows IRCC that you followed the rules, which can help your chances for approval if you want to return later.

If you meet the eligibility criteria, you may be able to:

Re-enter Canada in the future with a new work permit, study permit, or visitor visa.
Apply for PR from outside Canada.

However, if you overstay your permit without taking action, it could negatively affect your future applications . You may be refused a visa or work permit, or face delays when trying to return.

It’s always best to stay within the legal rules, even if that means temporarily leaving the country to reset your options.

Final Thoughts: What to Do Next

Your work permit expiry doesn’t always mean you have to leave Canada right away . In many cases, there are options to extend your stay, change your status, or even apply for PR — but timing is critical .

To protect your future in Canada:

Know your rights
Act early
Stay informed about the rules
Get help if you’re unsure what to do

Always meet with a professional who can advise you on the most up-to-date information as it pertains to your unique situation. Speaking with a licensed immigration consultant is the best way to understand your options and avoid mistakes that could cost you opportunities in the future.

At The Way Immigration , we are here help you extend your stay beyond your present work permit. Our team of licensed Canadian immigration consultants can guide you through the entire process and ensure a smooth transition. Contact us today to book your consultation with our team of licensed immigration consultants at our immigration Calgary office.

Best PR Pathways for International Students in Canada [2025 Explained]

Wed, 23 Jul 2025 09:35:47 GMT

Introduction: Your Canadian Dream is Within Reach - What are the Canada PR Requirements for International Students?

Every year, thousands of international students come to Canada not just for world-class education, but also with the hope of building a future here after experiencing what Canada offers. If you're one of them, you're not alone in dreaming of turning your study experience into permanent residence (PR) in Canada .

But navigating the path to permanent residence can feel overwhelming. Between the different immigration programs, eligibility criteria, and changing requirements, it's easy to feel lost or unsure of where to begin in the complex immigration system and Canada's PR Process.

This article is here to guide you. We'll break down the key permanent residence pathways available to international students in simple terms, explain the steps you need to take, and help you understand which option might be right for you. Whether you're finishing your studies now or planning ahead for later, consider this your personal roadmap to becoming a permanent resident of Canada.

The Crucial First Step: The Post-Graduation Work Permit (PGWP)

After Your Study Permit: Secure Your Post-Graduation Work Permit (PGWP)

What it is:

The Post-Graduation Work Permit (PGWP) is the essential bridge between your Canadian education and getting PR in Canada. It’s an open work permit, which means international student graduates like yourselves can work for any employer, in any location across Canada. This flexibility allows you to gain the skilled Canadian work experience needed for most PR immigration programs, especially Express Entry (EE).

Key Eligibility Criteria:

You must have graduated from a Designated Learning Institution (DLI) and completed a program that was at least 8 months long . Note that, for PGWP purposes, we always recommend completing a program of studies that is at least 2 years.
Note that your field of studies may impact your eligibility for a PGWP if you are studying a non-degree program.
The length of your PGWP depends on the length and type of your study program.
You must apply within 180 days of receiving your final transcript or official confirmation of graduation. Make sure your study permit is still valid when you apply, or restore your status if needed.
You will need to meet the language proficiency requirements of CLB 5 or CLB 7 depending on your study program.

Strategic Importance:

For most international student graduates, getting a PGWP is the first and most important step toward permanent residency. Why? Because almost every PR pathway — especially Express Entry’s Canadian Experience Class — requires at least one year of full-time, skilled work experience in Canada . The PGWP gives you the time and opportunity to gain that experience and start building a strong PR profile to eventually get PR in Canada.

To learn more about the

, read our article 'Essential Guide to the Post-Graduation Work Permit (PGWP) in Canada '.

The Main Federal Highway: Understanding Express Entry

Express Entry — The Most Popular Canadian Immigration Program for Canadian Graduates and Skilled workers

For many international student graduates, the express entry system is the main permanent residence program. It’s a fast and competitive, merit based immigration program used by the Canadian government to manage applications for three federal immigration programs for PR in Canada, including the Canadian Experience Class (CEC Program), Federal Skilled Worker Program (FSW Program), and Federal Skilled Trade Program (FST Program).

What is Express Entry?

Express Entry program uses a points-based system called the Comprehensive Ranking System (CRS) . You get points based on factors like:

Age
Educational credential
Language ability (IELTS or CELPIP scores)
Canadian work experience
Other factors like having a sibling in Canada, a job offer, or provincial nomination

The higher your Comprehensive Ranking System (CRS) score in your express entry profile, the better your chance of getting an Invitation to Apply (ITA) for permanent residence upon entering the express entry pool.

Canadian Experience Class (CEC) — The Go-To Immigration Pathway for International Students

CEC is the most accessible Express Entry program for former international students.

To meet the eligibility requirements, you need:

At least 1 year of skilled full-time work experience (or equivalent amount of part-time experience) in Canada within the last 3 years — jobs must be high-skilled (fall under NOC TEER 0, 1, 2, or 3)
Language skills : At least CLB 7 for TEER 0/1 jobs, CLB 5 for TEER 2/3
No minimum education requirement (but more education helps your CRS score)

Why it’s ideal for PR in Canada:

If you’ve studied and worked in Canada on a PGWP, you likely already meet many of the requirements. You also don’t need a job offer or proof of settlement funds, making CEC a top choice for graduates.

How to Boost Your Express Entry Profile CRS Score as a Graduate

Getting into the Express Entry pool is one thing — getting invited is another. Here are smart ways to raise your CRS score:

Study and retake your language test for a better score — even a small increase in your language skills can make a big difference. Bonus points are awarded if you can reach CLB 9 in all aspects of language.

Learn French : Canada awards up to 50 extra CRS points for strong French language ability — even if French is your second language. If you score at least CLB 7 in French and CLB 5 in English , you’ll get 25 bonus points. If you score CLB 7 or higher in both , you’ll get 50 points . These points are on top of any points you get for language under the main CRS grid, making French a powerful tool to boost your chances — especially if you’re not scoring high enough through work experience or age. Furthermore, a CLB of 7 in all French aspects makes you eligible to apply under the French-language proficiency category of EE draws, which tend to have much lower cut-off scores and can significantly improve your chances of receiving an invitation. In addition, proficiency in the French language is essential for certain immigration programs in the province of Quebec, which include Canadian permanent residence pathways tailored for international students. It may also help you extend your stay in Canada with the Francophone Mobility Work Permit and in such a way increase your Canadian work experience. To find out more about how French can help with your PR journey, read our articles ' How to Learn French for Canada PR and Boost Your CRS Score ' and ' French Language Proficiency and Express Entry: A Complete Guide '.

Gain more Canadian work experience while your PGWP is valid. If you are under age 30, then you gain additional points for each year of skilled work in Canada. If you are over age 30, you will seethe biggest jump in points after your 1st year of Canadian work experience. After 30, in subsequent years, you lose points for increased age, and it pretty much offsets any gain in points achieved by working longer in Canada.

Get Foreign work experience . If you came to Canada when you were young, and never worked in a skilled role outside of Canada before, obtaining 1 year of work experience outside of Canada in addition to 2 years of work experience inside of Canada gives you an additional 50 points. Sometimes leaving Canada once your PGWP will expire in order to gain foreign work experience is the best plan to increase your CRS points enough to get an invitation to apply for PR.

Have your non-Canadian educational credential evaluated to potentially get more education points for 2 post secondary credentials. Points for 2 credentials are awarded if one of the credentials required at least 3 years of study.

Complete a higher level of education , like a post-graduate diploma or master’s degree.

Apply for a Canadian Provincial Nominee Program (PNP) — if you are eligible and approved, this gives you 600 extra points , almost guaranteeing an ITA

Extend your stay in Canada beyond the expiry of your PGWP , if you need more time to figure out your dream of PR in Canada. For more information, read our article ' Essential Guide to PGWP 'Extension': Options and Updates for 2025 '.

Provincial Nominee Programs (PNPs): Finding an "Easier" Path to PR

Which Province is Easy to Get PR? A Look at Provincial Nominee Programs (PNPs)

If your CRS score isn’t high enough for the minimum scores in a federal EE invitation, don’t worry — Provincial Nominee Programs (PNPs) offer many immigration programs that may qualify you to apply for permanent residence in Canada. These programs are designed for Canada's provinces to meet the labour market needs of each province, and many offer dedicated streams for international graduates who aspire for Canadian permanent resident status. Some PNPs are aligned with EE (giving you an extra 600 points), while others offer direct PR immigration programs outside of EE.

In short, PNPs can be a faster and easier option to apply for permanent residence for international students in Canada who are willing to stay, study, or work in specific provinces. It's important to note that many provinces restrict participation in their PNP Program to those international students who studied in their province. It's really important to consider your eventual PR pathway when you first start planning your study in Canada as an international student.

PR Pathways in Ontario for International Students

Ontario is one of the most popular destinations for international students, and luckily, it offers great options to apply for permanent residence too.

The Ontario Immigrant Nominee Program (OINP) includes:

Masters Graduate Stream and PhD Graduate Stream : No job offer required. You just need to have recently graduated from an eligible Ontario university and meet language and settlement fund requirements.
OINP EE streams , such as Human Capital Priorities and Skilled Trades , are for those skilled workers who qualify under the federal EE system but want to boost their chances with a provincial nomination.

Other High-Potential Provinces for Students

British Columbia (BC PNP)

The International Graduate and International Post-Graduate streams are ideal option to apply for permanent residence, if you studied in BC and have a job offer from a local employer. Skilled workers in tech jobs are especially in demand under the BC Tech stream .

Alberta (AAIP)

The Alberta Opportunity Stream is open to international students who graduate from an Alberta institution and are working in a job that is related to their studies. Alberta also runs EE-aligned draws , often with lower CRS cut-offs.

Saskatchewan & Manitoba

These provinces are known for having accessible immigration streams for graduates who study and work locally. Manitoba’s International Education Stream and Saskatchewan’s International Graduate Entrepreneur stream are examples.

Quebec Immigration Options for International Students and Quebec Skilled Workers

Quebec's immigration programs are separate from EE or other PNPs.

The most common route is the Quebec Experience Program (PEQ Program) , which allows international graduates to apply for PR if they:

Studied full-time in Quebec and graduated from an eligible program
Have advanced intermediate knowledge of spoken French (B2 level)
Have work experience in Quebec (depending on the stream) as a skilled worker

Quebec is a strong option if you speak French or are willing to learn.

Atlantic Immigration Program

The Atlantic Immigration Program is another federal immigration program that is designed to help employers in Canada’s 4 Atlantic provinces — New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador, to hire foreign workers and international graduates who want to immigrate to Canada by settling in Atlantic Canada.

Conclusion: Which Province Is Best?

There’s no one-size-fits-all answer. The “ easiest ” province for PR depends on your unique situation — your program of study, language ability, job offer, and ties to the province all play a role. The more open and flexible you are about location, the more options you’ll have for making Canada your permanent home.

An Unexpected Shortcut: Spousal or Common-Law Sponsorship

Many international students focus on Express Entry or Provincial Nominee Programs to get permanent residency — but there’s another path that’s often simpler and doesn’t require high CRS points: spousal or common-law sponsorship immigration program.

If you’re in a genuine relationship with a Canadian citizen or permanent resident, they may be able to sponsor you for PR. This option doesn’t depend on your education, work experience, or language test scores, making it a great choice for students who don’t meet the points-based requirements yet.

Key Advantages:

No CRS score required
No minimum work experience or job offer needed
No proof of settlement funds
You can apply from inside or outside Canada

Who qualifies?

Spouses : You’re legally married to your sponsor.
Common-law partners : You’ve lived together for at least 12 months in a committed, marriage-like relationship.
Conjugal partners : You’re in a committed relationship but couldn’t live together due to legal or immigration barriers. This is unlikely to be an option for international students who are living in Canada, as the conjugal partner category applies only to applicants from overseas.

Important Notes and Other Eligibility Criteria:

The relationship must be real and ongoing — IRCC checks for signs of “marriage of convenience.”
If you are living with your Canadian partner, you may also be eligible for an open work permit while your PR application is being processed.
If your partner is a permanent resident , they must be living in Canada in order to sponsor you.

Spousal sponsorship isn’t a “loophole” — it’s a legitimate immigration program that focuses on family reunification , and for many international students in committed relationships, it can be the simplest and most direct route to permanent residence.

Answering Your Top Questions (FAQ Section)

Navigating the PR Process: Your Questions Answered

Conclusion: Your Step-by-Step Action Plan

Getting permanent residency in Canada as an international student is completely possible — as long as you take the right steps at the right time. Here’s a quick recap of the steps involved to immigrate to Canada:

Excel in your studies at a Designated Learning Institution (DLI). This sets the foundation for your future in Canada.
Apply for your Post-Graduation Work Permit (PGWP) as soon as you’re eligible — don’t wait too long after graduation.
Get at least one year of full-time skilled work experience in Canada (NOC TEER 0, 1, 2, or 3). This is the golden ticket for most PR programs.
Evaluate your options to stay in Canada permanently : Is Express Entry (Canadian Experience Class) your best path? Or is a Provincial Nominee Program (PNP) better for your profile?
Boost your profile if needed — improve your language scores, gain more experience, or even learn French to earn extra CRS points.
Get your documents ready and submit a complete, well-organized permanent residence application.

Important tip : A valid passport is required for the permanent residence application process, and it must remain valid during the application.

Everyone’s situation is different, but the key is to plan ahead, stay informed, and act early. Whether you choose Express Entry, a PNP, or spousal sponsorship, your dream of staying in Canada permanently is absolutely within reach.

For the most current and official information, always refer to the Immigration and Citizenship Canada website . Immigration policies and program requirements can change, so it’s important to stay updated. Start planning your permanent residence journey as early as possible — the more prepared you are, the smoother the process of immigrate to Canada will be.

Staying in Canada permanently as an international student may seem challenging at first, but with the right steps, it’s absolutely within your reach. Thousands of students just like you have gone from studying to permanent residency — and you can too. Stay focused, stay informed, and believe in your path. Your Canadian dream is closer than you think.

At The Way Immigration , we are here to assist you to achieve your Canadian permanent residence dream every step of the way. Our team of Canadian immigration consultants can help you choose the best path and navigate the application process to immigrate to Canada. Contact us today and book your consultation with our team of licensed immigration professionals at our immigration Calgary office.

Essential Guide to the Post-Graduation Work Permit (PGWP) in Canada

Thu, 03 Jul 2025 07:40:16 GMT

What is a Post-Graduation Work Permit (PGWP)?

A Post-Graduation Work Permit (PGWP) is a special type of work permit in Canada that lets international students stay and work in Canada after you complete your program of studies from an eligible program at a Canadian post-secondary institution.

It gives you the chance to gain valuable Canadian work experience once your studies are finished. This experience can help you develop your career and potentially qualify for permanent residence (PR) through programs like Express Entry or a Provincial Nominee Program (PNP). Many international undergraduate students and graduate students use the this as a stepping stone to transition from the study permit and to build their career and settle in Canada permanently.

The post graduation work permit is an open work permit , which means you don’t need a job offer to apply. Your work permit, once approved, is not tied to any employer or any job. You can work for any employer, in any location, and in most types of jobs . You can change jobs as often as you like without needing to update your permit. You can also work in more than one job at a time, or start your own business; however, self-employment on an open work permit is not recommended if you want to obtain Permanent Residence.

Note that in 2024 & 2025, the IRCC announced several changes related to post grad work permits, including language proficiency requirements for PGWP and field of study requirements for PGWP .

Who is Eligible for a PGWP in Canada?

To qualify for a post graduation work permit, you must meet several program requirements related to your study program, institution, field of study, physical location, and application timing.

Post Graduation Work Permit (PGWP) Eligibility Criteria

✅Program Duration

You completed an academic program of at least 8 months (or 900 hours if in Quebec) at a Designated Learning Institution (DLI) that’s approved by the Canadian government to host international students.

Note that our office never recommends only an 8 month program of studies. If you are going to make the investment to study in Canada, we recommend that you study a minimum of a 2 year program, so that you can obtain a 3 year post graduation work permit. Getting a 1 year PGWP because you studied less than 2 years does not help you in any way - as it's not usually long enough to qualify for PR or even to obtain 1 year of Canadian work experience.

What Is a Designated Learning Institution (DLI)?

Not all schools in Canada are DLIs — and not all DLIs offer programs that make you eligible for a post graduation work permit. So it's important to double-check your school and program before you apply .

You can find the official list of DLIs on the Government of Canada’s website. Each school on the list will show whether its programs are eligible for the PGWP. But remember, just because a school has some programs that are PGWP eligible, that does not mean that all programs are eligible. Ensure you double check with the DLI if the program you are interested in qualifies you for a PGWP, and get the answer in writing before you decide to enroll and apply for the study permit.

What Program Types Qualify for a PGWP?

To be eligible, your program must meet all of the following:

It was at least 8 months long (or 900 hours in Quebec).
It's a degree program or led to a diploma or certificate .
It was completed in-person in Canada (though there are some exceptions for online/hybrid formats).
It was offered by a PGWP-eligible DLI .

Programs that usually qualify include:

Public college diplomas and certificates
Bachelor’s degrees
Master’s degrees
PhD programs
Some professional training programs (e.g. nursing, trades, early childhood education)

✅Full-time student status

You maintained full-time status each semester — part-time is allowed in your final semester and your final transcripts must reflect full-time studies .

✅Apply within 180 days

You must submit your application within 180 days of receiving your final official transcript or your program completion letter. It is highly recommended to apply as soon as you receive written confirmation of program completion.

✅Valid study permit

You need to hold a valid study permit at any point during those 180 days after graduation in order to apply.

Note that your study permit is considered to automatically expire 90 days after you receive notice that you have completed your program, even if the actual expiry date on the permit still shows it is valid.

Special Cases & Online Study

Distance learning, authorized leave, school transfers, and overseas program components have specific rules —check IRCC’s special cases page or consult an immigration professional to get proper advice if you have a complicated study situation and want to be sure that you maintain eligibility for a post graduation work permit.

Courses taken online from inside Canada : these programs count towards PGWP if they were completed before August 31, 2024 under the temporary policy. During the COVID pandemic, IRCC introduced special policies for international students who had to study online due to pandemic era policies. These special policies ended on August 31, 2024. Now, students who attend their program fully online are not eligible if their online courses represent more than 50% of their program.

Courses taken online from outside Canada : You could complete up to 100% of your studies online from outside Canada between March 2020 and August 31, 2022, because of a temporary COVID-19 policy. This temporary policy expired August 31, 2022.

After August 31, 2024 : Online studies from outside Canada no longer count towards post graduation work permit eligibility

Accelerated programs : If you finished your program of studies faster than normal, you may still qualify for a full-length PGWP.

Curriculum licensing (public-private partnerships) :
Most programs taught at private colleges under contract from public institutions are not eligible , unless:

The licensing agreement is within the same province, or
It involves two provinces working together

Always be careful when planning to study at a private college in Canada, and ensure that you have had an immigration professional explain the implications fully. The rules related to Canadian immigration are vastly different for private colleges than publicly funded institutions. You can spend a lot of money at a private college and then go back home as soon as you graduate, because you have no options to remain in Canada.

Flight school graduates :
You may qualify after studying flight school in Canada, if you have obtained a Canadian commercial pilot license or a job offer as a flight instructor from a DLI

Programs with overseas components :
You may qualify if your Canadian school grants credit for the overseas portion of your study; however, the length of the PGWP will only match the length of time that you studied in Canada.

�� NEW: Other Eligibility Criteria of PGWP (as of November 1, 2024)

International students applying on or after November 1, 2024, will have different eligibility criteria compared to those who applied before that date.

Starting November 1, 2024, eligible students will be required to take a recognized immigration language test and achieve a minimum of Canadian Language Benchmark level 5 under the new eligibility requirements.

1. Language proficiency requirements

For bachelor’s, master’s, or PhD programs → CLB 7 in all four skills.
For other university programs → CLB 7 in all four skills.
For college/diploma/certificate programs → CLB 5 in all four skills.

Language ability test results must be no more than 2 years old on the date you apply for your PGWP.

Accepted language tests are: CELPIP (General), IELTS (General), PTE (Core) for English, and TEF and TCF for French.

Note: Flight school graduates are exempt from the new language and field-of-study rules.

2. Field-of-study requirement (for study permits applied on or after Nov 1, 2024)

Bachelor’s/Master’s/PhD → No field restrictions.
Other university programs → Must be in an eligible field (e.g., STEM, healthcare, trades).
College/Certificate programs → Must also be in eligible fields.

PGWP Duration: How Long Can You Work in Canada?

If you’re approved for a Post-Graduation Work Permit (PGWP), the length of your work permit depends on the nature and the length your study programs:

PGWP Length for Master’s degree programs:

If you completed a Master's degree in Canada, as of February 15, 2024 , you can get a 3-year PGWP validity period even if the study was under 2 years, as long as it was at least 8 months (or 900 hours in Quebec).

Example: If your Master's degree program was 10 months, your PGWP will be valid for 3 years.

PGWP Length for other programs:

If you completed a program of studies that took between 8 months to under 2 years , your PGWP will be issued for the same duration of time as you studied.
Example: If your program was 10 months, your PGWP will be valid for 10 months.
2 years or longer : You may get a 3-year PGWP
Can You Combine Programs for a Longer PGWP?
Yes — if you completed two or more eligible programs back-to-back (without taking a break), you may qualify for a longer PGWP . The total length of both programs is used to determine how long your PGWP will be.
You can combine lengths of two back-to-back programs if:
Each was PGWP-eligible
Each was 8+ months
Example: You finish a 1-year diploma program, then immediately start another 1-year certificate at the same or another eligible school. Together, that adds up to 2 years — meaning you may qualify for a 3-year PGWP.
Note that you can’t get a PGWP if you already had one after completing an earlier program of study.
You can only obtain one post graduation work permit for your entire life, so it's important not to apply for the PGWP until you are eligible for at least a 3 year duration. Do not apply for a one year PGWP unless you have absolutely no other option.

How Your Passport Affects PGWP Length

Before applying for a PGWP, make sure your passport is valid for the full length of PGWP you’re eligible for. If your passport expiry date is sooner, you’ll only get a PGWP that matches your passport’s expiry date.

In this case, you can renew your passport and apply to extend your PGWP later — but it's best to renew your passport before applying to avoid delays or shorter permit durations, as it helps you avoid putting in a separate application later on.

When and How to Apply for Your PGWP

When to apply for PGWP

You submit your PGWP application within 180 days of receiving your final marks or official transcript from your school.

To be eligible for a PGWP, your must have had a valid study permit at some point during those 180 days.

If your study permit is about to expire and you haven’t received your final grades yet, you can:

Apply for a study permit extension, or
Maintain your temporary resident status by applying for a visitor record and change to valid visitor status. This is an inland application to change Terms and Conditions of your stay. It is not the same as applying for a Temporary Resident Visa or TRV. If you do not leave the country and seek to re enter Canada, you do not need a valid temporary resident visa.

If your study permit expires and you didn’t apply for an extension or visitor record, you can still apply for your PGWP if:

You restore your study permit, and you submit your PGWP application within 90 days of your permit expiring, OR
You leave Canada and submit your PGWP application from overseas

How to Apply for a PGWP

You submit a PGWP application either from within Canada or from outside the country, as long as you meet the PGWP eligibility criteria.

You must apply for the PGWP online through your IRCC account . Here’s how:

Step-by-Step Guide to Apply for a PGWP:

Sign in to your IRCC account or create one.
Select “Apply to come to Canada”.
Use the eligibility tool to generate your document checklist.
Complete and upload the required forms.
Pay the application fee and submit the PGWP application.

Document Checklist for PGWP

Here’s what you’ll need to include in your PGWP application:

IMM 5710 form (Application to Change Conditions or Extend Stay in Canada – Worker) - for inland applications
IMM 1295 form (Application for a Work Permit Made Outside of Canada) - for overseas applications
Copy of your valid passport (all pages with stamps and personal info, ideally your passport is valid for the full length of your PGWP eligibility)
Study permit (valid at some point within the past 180 days)
Official transcript
Program completion letter from your DLI
Digital photo (passport-style)
Biometrics receipt (if applicable)
Starting November 1, 2024, language test results may be required

✅ Tip: Your post graduation work permit (PGWP) will not be issued beyond the expiry of your passport. If your passport is expiring soon, renew it before you apply with your new passport to avoid getting a shorter work permit.

PGWP Fees

Open Work Permit Holder Fee: $100
Work Permit Processing Fee: $155
Biometrics (if required): $85

Total cost: The application fee for the PGWP is $255 CAD, or $340 with biometrics. If you don't pay the biometrics fee up front and it is required in your case, you will be required by the IRCC to pay additional fees during processing and this may cause further delays. Note that fees are subject to change by the IRCC.

Processing Times for the PGWP Application

Processing times can vary depending on where you apply from. Expected processing time for PGWP applications in Canada can range from 3-7 months.

You can check current wait times on the IRCC website .

If you are applying from inside Canada, select 'Temporary residence' - 'Work permit from inside Canada'.
If you are applying from outside Canada, select 'Temporary residence' - 'Work permit (from outside Canada)' - choose your home country.

What Affects PGWP Processing Time?

Several factors can influence how quickly your application is processed:

Whether your application is complete: Missing documents or incomplete forms can lead to delays or refusals.
Biometrics: If required, processing won’t start until your biometrics are submitted.
Volume of applications: Wait times may be longer during peak graduation periods.
Country of application: If you’re applying from outside Canada, processing speed varies by country.
Special circumstances: Background checks, medical exams, or program-specific flags can cause processing delays.

To avoid delays, submit all required documents and make sure your forms are fully filled out and accurate.

Can I Work While Waiting for My PGWP?

Yes — if you apply from inside Canada and:

Your study permit was valid when you submitted the application, and
You were eligible to work off-campus while studying

Once a Post-Graduation Work Permit application is submitted, you may begin working full-time while waiting for your application decision. This is known as implied status/ maintained status .

Life After the PGWP: From International Students to Permanent Residency

Your Post-Graduation Work Permit (PGWP) isn’t just a way to stay and work in Canada — it’s often the first step that a graduate student takes toward becoming a permanent resident.

By working in Canada after graduation, you can gain valuable Canadian work experience that may help you qualify for several immigration programs.

If you would like to know more about your options of transitioning from international students to permanent residents, book a consultation with our experienced immigration consultants today.

PGWP to PR Canada: How It Works

The work experience you gain during your PGWP can count toward your eligibility for permanent residency (PR). Many Canadian immigration programs give extra points or priority to candidates with:

Canadian work experience
Canadian education
Job offers from Canadian employers
Ties to a province or territory

Popular PR Pathways for PGWP Holders

Here are the main programs to explore:

1. Express Entry (Canadian Experience Class)

If you work in a high-skilled job (TEER 0, 1, 2, or 3) for at least 1 year full-time (or equivalent part-time), you may be eligible to apply for PR under the Canadian Experience Class.

PGWP work experience also boosts your Comprehensive Ranking System (CRS) score in Express Entry.

Many international students left home at a young age and did not have any work experience before studying in Canada. In these situations, the best option to qualify under Express Entry is often to gain Canadian work experience using the PGWP and then return overseas to also gain Foreign work experience before turning age 30. The combination of Canadian work experience, foreign work experience and good language scores is often what makes an international student eligible for an invitation to apply under Express Entry.

To find out more about Express Entry and the program requirements, read our article 'Mastering the Canada PR & CRS Points System: A Complete Guide to Increasing Your Express Entry Score'.

2. Provincial Nominee Programs (PNPs)

Each province and territory has its own immigration programs, and many have special streams for undergraduate students and graduate students with a job offer or Canadian work experience.

Examples:

Ontario International Graduate stream
BC PNP Skilled Worker and International Graduate streams
Alberta Opportunity Stream

These programs may have lower requirements than Express Entry and often provide a PNP nomination worth 600 extra CRS points if you’re in the Express Entry pool.

Be cautious about jumping from Province to Province looking for work or residence. Many provinces restrict participation in their PR pathways to international students who studied in their province. If you move from the province where you studied in order to pursue a work opportunity, ensure that you understand what PR pathways you will or will not be eligible for in the new province of residence.

3. Atlantic Immigration Program (AIP)

If you studied and now work in one of Canada’s Atlantic provinces (Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland and Labrador), you may be eligible under the AIP — especially if you have a job offer from a designated employer.

4. Quebec Immigration Programs

If you graduated from a school in Quebec and have work experience there, you may qualify for Quebec’s own programs like the PEQ (Programme de l’expérience québécoise) .

5. Spousal Sponsorship

If you're in a genuine relationship with a Canadian citizen or permanent resident , you may be eligible for PR through spousal or common-law sponsorship .

This pathway:

Does not require a job offer
Works for both inland and outland applicants
May allow you to apply for a spousal open work permit while waiting for a decision

Spousal sponsorship is often the best option for PGWP holders in long-term relationships, especially if your Express Entry or PNP points are too low.

Special Considerations and Common Questions

The PGWP process can seem straightforward at first — but there are several important rules and exceptions to keep in mind.

Spousal Open Work Permit for Spouse of PGWP Holder

If you're working in Canada on a valid PGWP, your spouse or common-law partner may be eligible for an open work permit if your job meets certain criteria.

Eligibility Requirements:

You must be working in a job under TEER 0, 1, 2, or 3 (formerly NOC 0, A, or B).
Your job must be full-time and valid, with supporting documents (like a job letter and pay stubs).
Your spouse must submit a copy of your PGWP, your job details, and proof of the relationship.

This open work permit allows your spouse to work for any employer in Canada while your PGWP is valid.

FAQs about PGWP

Final Thoughts

The Post-Graduation Work Permit (PGWP) is one of the most valuable pathways for international students in Canada. It gives graduates the chance to gain Canadian work experience, build a career, and often move toward permanent residency. Since rules can change and eligibility depends on many details, it is important to plan ahead before your studies finish.

At The Way Immigration , we guide international students through every step of the PGWP process, from understanding eligibility to preparing a strong application. If you are worried about deadlines, unsure about your next steps after your PGWP, or want to know how your work experience can support your PR goals, our team is here to help.

Essential Guide to PGWP 'Extension': Options and Updates for 2025

Fri, 20 Jun 2025 06:18:31 GMT

Introduction to Post-Graduation Work Permit (PGWP)

The Post-Graduation Work Permit (PGWP) and the work permit 'extension' are vital components for many international students like yourself in Canada, allowing you to gain Canadian work experience and maintain status after completing your studies at a designated learning institution.

Understanding the post graduation work permit and how to extend your stay in Canada after its expiry is essential for international students aiming to maintain temporary resident status and achieve your career and immigration goals in Canada.

How to Extend Your Stay in Canada After PGWP Expiration for International Students: Options and Eligibility Requirements

Once the PGWP expires, a foreign national can’t keep staying in Canada unless they switch to another valid status in Canada. The PGWP can only be issued once in a lifetime for its full length , so you’ll need to explore other options depending on your goals — whether that’s staying by maintaining a different temporary resident status, or applying for permanent residence.

1. Apply to Change to Visitor Status

If you’re not ready to leave Canada and need more time to plan your next steps, you can apply to stay as a visitor after the post graduation work permit. This allows you to remain in the country legally, but you can’t work in Canada under visitor status, and you will likely lose access to health care coverage and a Canadian driver's license.

Tips for Changing from PGWP to Visitor Status

To improve your chances of approval as a visitor, make sure to clearly explain why you want to stay longer in Canada and provide evidence to support your reasons. Here are some valid reasons you could include in your application:

You need more time to make plans for your next steps (such as preparing to return home, applying for a new study program, or organizing a future immigration application).
You are waiting on documents or decisions from IRCC, such as a PR application, spousal sponsorship, or a new study or work permit.
You want to travel within Canada before leaving, or visit friends and family you've made while living here.
You’re recovering from a medical issue or need time to finish treatment.
You’ve recently completed your program or work term and want time to wrap up personal affairs, close accounts, sell belongings, or move out.

You should also show that you have enough money to support yourself for the validity period you are requesting to stay Canada, since you won’t be allowed to work. Here are some tips:

Include recent bank statements showing your savings (ideally 3–6 months of history).
You can include someone else’s financial support (e.g. a family member or partner), but if you do, include a signed letter from them explaining how much they’re giving you, and attach proof of their funds (such as their bank statement).
It may also help to show a basic budget — how much you expect to spend monthly and how your funds will cover that.

Keep the explanation honest, practical, and realistic. IRCC wants to see that you’re not trying to stay permanently without the right status, and that you’re prepared to leave Canada when the time comes.

If you don't plan on leaving Canada and re-entering, you only need to change your status to visitor and there is no need to apply for a temporary resident visa separately. Note that requesting visitor status in Canada is not the same as holding a visitor visa. Visitor status means you can stay longer. A visitor visa (TRV) is a sticker in your passport that allows you to travel to Canada.

Apply to extend your stay as a visitor before your PGWP expires to avoid losing your legal immigration status. If your PGWP has already expired, you may still be able to restore your status within 90 days , but extra fees will apply.

Note that it is possible for you to work in Canada as a visitor if you obtain a remote job working for a company that is located outside of Canada - sometimes called working in Canada as a digital nomad . This can be one way to legally continue to earn an income while in Canada as a visitor.

2. Apply for a Different Work Permit to Continue Working - the Work Permit 'Extension'

Many work permit options are available for foreign workers who have expiring PGWP work permits and want to work longer in Canada.

You can’t apply for a work permit extension of your PGWP unless it was cut short due to a passport expiry, but you might qualify for another type of work permit under a different program or a temporary policy if you meet the eligibility criteria, such as:

Bridging Open Work Permit (BOWP)

If you’ve submitted a permanent residence (PR) application through Express Entry or certain PNP streams , you can apply for a bridging open work permit to keep working in Canada while you await processing of your PR application. You can learn more about the the BOWP in our article ' Understanding Bridging Open Work Permits in Canada: A Comprehensive Guide '.

The spouses and common-law partners of the bridging open work permit holders may also be eligible for work permits.

Labour Market Impact Assessment (LMIA) and LMIA Work Permit

If an employer is willing to support you with a job offer, they may apply for a Labour Market Impact Assessment (LMIA) , allowing you to apply for a Labour Market Impact Assessment based closed work permit tied to that job. You can learn more about the LMIA work permit in our article ' The Ultimate Guide to LMIA-based Work Permits in Canada: A Step-by-Step Solution '.

International Mobility Program (IMP)

Some work permits are LMIA-exempt , and require less investment from your employer. The most common LMIA-exempt work permits are:

Spousal Open Work Permit : If your spouse has a valid study or work permit, or if you are a spouse of a skilled worker or PR applicant.
Free Trade, such as CUSMA (formerly NAFTA) Work Permit : For U.S. or Mexican citizens with qualifying job offers in certain professions. There are also other Free Trade agreements with certain other countries that you may qualify for, depending on your country of nationality.
Reciprocal Employment Work Permit : This option may be possible for those PGWP holders who work for a multinational corporation, if that corporation has Canadians working outside of Canada.
Francophone Mobility Work Permit : For French-speaking applicants with a job offer outside Quebec.

International Experience Canada (IEC ) Work Permit

If you’re from a partner country and meet age requirements, you may qualify for a Working Holiday (open work permit) or Young Professional work permit under the IEC Work Permit Canada . The usual age range for participation is between 18-35. If you have already used your participation based on your passport, you can contact a Recognized Organization to arrange a participation through their company.

3. Apply for a New Study Permit

You can choose to return to school and apply for a new study permit if you want to further your education in Canada. This option may buy you more time in Canada and allow you to continue building your profile — but it’s important to think carefully before going down this path.

Tips for Changing from PGWP to Study Permit:

Here are some key points to consider:

You cannot get another Post-Graduation Work Permit (PGWP) after your second program, even if you study a PGWP eligible program at a designated learning institution with a valid study permit. The PGWP is a one-time opportunity. So obtaining a new credential may not actually help you in your quest to obtain PR in Canada.
Depending on your new program, you may be eligible to work off-campus on your study permit (up to 20 hours/week during school and full-time during scheduled breaks), but you won’t be eligible for full-time work post-graduation unless you obtain a work permit by Employer sponsorship.
Think about the purpose of getting another credential . How will it help you in the long run?

Ask yourself:

Will this additional study boost your Express Entry CRS score (e.g. by giving you more education points or language training)?
Is it part of a strategy to eventually apply under a different immigration stream , like a provincial nominee program (PNP) for international graduates?
Are you hoping to use the time to gain more Canadian experience , build connections, or meet a potential spouse or partner for future sponsorship?
Is the program actually aligned with your career goals or is it just a way to stay in Canada longer?

In order to improve the chance of approval of your new study permit, you may also need to show proof that you genuinely want to study and not just stay in Canada longer. IRCC may refuse your study permit if your intent seems unclear or doesn’t match your personal history.

Before applying for a new study permit, it’s a good idea to speak with an immigration professional or academic advisor to make sure the program will truly help you meet your long-term goals — whether that’s PR, a better career path, or more time in Canada.

4. Apply for Permanent Residency

If your goal is to stay in Canada permanently, you may be eligible for one of these permanent residence pathways, given you meet the eligibility criteria :

Express Entry System

The Express Entry system is a key pathway for eligible temporary residents to achieve permanent residency in Canada.

Upon meeting the language proficiency requirements, you can create an Express Entry profile, which assesses your eligibility based on factors like age, education, work experience, and language proficiency. You can learn more about how to improve your Express Entry score in our article 'Mastering the Canada PR & CRS Points System: A Complete Guide to Increasing Your Express Entry Score'.

A job offer from a designated employer, especially one that comes with a provincial nomination can not only help you with another work permit application, but also significantly enhance your chances of receiving an Invitation to Apply (ITA) for permanent residence.

Understanding the Express Entry system and its requirements is vital for foreign nationals seeking to transition from temporary to permanent residence status.

The Express Entry system is a competitive process, and prospective candidates should strive to improve their ranking by gaining Canadian work experience, studying for language tests and enhancing their language skills (English and French), and securing a job offer.

The Express Entry system includes several programs for permanent residency, including:

Once you are invited to apply for PR and you have submitted your PR application, you may be eligible for a bridging open work permit.

Provincial Nominee Program (PNP)

Canadian government authorizes each provincial or territorial authority to have their own provincial nominee programs, to better meet the needs of individual province.

If nominated, you can often apply for a work permit with a provincial support letter before becoming a permanent resident.

If you’ve studied in Canada, it may be worth looking into provincial nominee programs (PNPs). Some provinces have special immigration streams for graduates who studied locally , especially if you attended a post-secondary school in that province. These programs often prioritize applicants with Canadian education, local work experience, or ties to the community.

For example, British Columbia , Ontario , and Alberta all have PNP streams for international graduates. Manitoba , New Brunswick , and Saskatchewan offer pathways for those who studied and worked in the province. Even smaller provinces like Prince Edward Island and Newfoundland and Labrador have options for graduates in certain occupations or priority areas.

The details vary by province — some focus on tech or healthcare, others on rural development or skilled trades. If you’re considering further education, choosing a program in a province with favorable PNP pathways might help with your long-term immigration plans.

Quebec Immigration

Quebec has its own separate immigration programs, which is not part of the provincial nomination system.

Atlantic Immigration Program

The Atlantic Immigration Program is a federal immigration program designed by Canadian government to attract and retain newcomers in the Atlantic region. It helps employers in these provinces hire foreign workers and international graduates who want to settle in Atlantic Canada.

Family Sponsorship

If you’re married to or in a common-law relationship with a Canadian citizen or permanent resident, they may be eligible to sponsor you for PR through family sponsorship .

During the process, you may be eligible for an open work permit as well.

Key Takeaways - How to Stay in Canada as a Foreign National after PGWP Expiry

Technically, you can’t apply for a work permit extension to 'extend' your PGWP unless your passport expiry meant that your original work permit validity period was shortened. If this was the case, you can extend your PGWP with your new passport to the full length that you were entitled to receive, based on the length of your studies.

However, after the current work permit expires, foreign nationals have several options to extend their valid status and continue working in Canada.

If you want to remain in Canada, you should extend your status before your current work permit expires, or you risk falling out of status, which requires strategic planning.

Extend as a visitor: You can apply for visitor visa or visitor record post-PGWP for various reasons, including exploring Canada as a tourist.
Extend your worker status with a new work permit: Many work permit options exist, but they depend on your eligibility and employer support. This could be an open work permit or an employer-specific work permit.
Extend your stay with a study permit: You can apply for a new study permit if you're eligible.
Canada permanent residence application, and a bridging open work permit to extend your temporary status if necessary.

International students should be aware of the various options and application processes to extend their stay, minimize disruptions to their career development and maintain their valid status in Canada, and may benefit from advice from licensed immigration consultants, especially when it comes to extending their stay as temporary residents and permanent residency strategies.

At The Way Immigration , we are here to assist you to extend your stay beyond your PGWP. Our team of Canadian immigration consultants can help you choose the best path and navigate the application process. Invest in your future - contact us today and book your consultation with our team of licensed immigration consultants at our immigration Calgary office.

How to Learn French for Canada PR and Boost Your CRS Score

Thu, 29 May 2025 09:50:05 GMT

Canada Is a Bilingual Country

Canada is bilingual with a diverse culture.

Canada's official languages are English and French.

French is spoken in Quebec and many parts of Ontario, New Brunswick, and other provinces.

If you want to immigrate to Canada, learning French can help you a lot.

French Can Boost Your CRS Score in Canadian Immigration

IRCC has been emphasizing French language proficiency in Express Entry draws for Canadian Permanent Residence and gives extra points in Express Entry to people who speak both official languages.

In 2025, there have been three French-language proficiency draws for Canadian PR, with the lowest score required for Canada PR dropping to 379 on March 21, 2025, when 7,500 candidates were invited.

This shows that knowing French can improve your PR eligibility with a much lower CRS score.

This trend indicates a continued focus from Canadian authorities on French speaking candidates, likely extending for at least another three years.

Learning French has become a strategic option for applicants with English language as their first language aiming to gain Canadian permanent residency for academic and professional purposes . General French language skills can enhance your scores in the Express Entry Pool and open doors to additional immigration pathways.

Why Learn French for Immigration?

French can help you:

Get more points in Express Entry
Be selected in French-language category draws
Qualify for Francophone work permits
Be more competitive in the job market
Integrate better into Canadian society

Bonus CRS Points for French Speakers for Canadian Permanent Residency

The EE Comprehensive Ranking System (CRS) awards additional points for bilingual candidates.

Specifically, you can earn up to 50 bonus points if you achieve a Canadian Language Benchmark (CLB) level of 7 or higher in French, which is considered a high level of French alongside a CLB 5 or higher in English.

Moreover, taking a second official language test can significantly boost your CRS score , potentially adding up to 65 points if you have strong English skills and moderate French proficiency.

That can make a big difference in your CRS ranking.

French Language Draws Have Lower Cutoffs in Express Entry

Beyond the extra points, French language skills can make you eligible for category-based draws with lower CRS thresholds.

For instance, in 2025, the lowest CRS score for a general Canadian Experience Class (CEC) draw was 547, while a French language proficiency draw had a minimum score as low as 379 .

So if your CRS score is low, French can help you qualify in a different way.

French Skills Help You Get a Job

Additionally, spoken French language abilities enhances your competitiveness in the Canadian job market and provides more job opportunities, as many government and private sector employers value bilingualism, especially in roles involving public interaction or national operations, where general French knowledge and language skills are in high demand for effective communication.

Many jobs in Canada prefer bilingual workers in both official languages, especially in:

Government
Healthcare
Education
Customer service
Tourism

Even basic French can open more job opportunities.

French Helps in Day-to-Day Life in Canadian Societ

In some parts of Canada, like Montreal or Ottawa, you’ll see signs in French and English.

If you speak some French, you can:

Talk to more people
Read local news and signs
Feel more confident in your community

CLB 7 in French Is Challenging

To get CLB 7 in French , you must score well in:

Listening
Speaking
Reading
Writing

This is not easy, especially if you’ve never studied French before.

But even a lower level, like CLB 5, is helpful and gives you access to other programs.

Learn French for a Work Permit

Applicants with a CLB 5 or higher in listening comprehension and speaking are eligible for the Francophone Mobility work permit .

With this permit:

Employers don’t need an LMIA
It’s faster and easier to get hired
You can work outside Quebec

This program allows Canadian employers outside Quebec to hire French-speaking workers without obtaining a Labour Market Impact Assessment (LMIA) .

This means it costs the employer less to hire you and they don't have to advertise the job to Canadian residents before they can hire you. Francophone Mobility work permits can be issued for up to three years and are renewable, provided the applicant maintains valid French language test results.

Gaining Canadian work experience through this permit can significantly bolster your Express Entry profile, as Canadian experience is a valuable factor in CRS calculations.

Francophone Mobility Work Permit Basics

The permit can be valid for up to 3 years .

It can be renewed as long as your French test results are still valid.

This is a great way to gain Canadian work experience , which also gives you more CRS points later.

How Long Does It Take to Learn?

Based on our observations:

It typically takes a dedicated individual about two years to achieve CLB 7 in French
This is while working full-time and studying part-time in an English-speaking environment
Written French is often the hardest skill to improve

But every person is different. With more time and effort, you can reach your goal faster.

Best Ways to Learn French

There are many ways to learn French for Canada immigration.

H ere are some of the most popular:

1. Phone Apps

Use apps like:

These apps help you learn vocabulary and basic grammar. Some even let you talk to real French speakers.

2. Read French Books

Start with simple books or children's books.
As you improve, read newspapers or novels in French.

This helps with vocabulary and reading comprehension.

3. Take French online courses

Many websites offer online French classes, such as:

You can study at your own pace, often for free or at low cost.

Online courses also don't typically require a study permit to attend, whether you are inside or outside of Canada.

4. Listen to French Radio and Music

Listening improves your listening comprehension and pronunciation .

Try French music on Spotify, or radio stations like:

5. Watch French TV Shows and Movies

Use subtitles in your language first, then switch to French subtitles.

This helps you hear how French is spoken naturally.

6. Talk to French-Speaking Friends

Speak with French-speaking friends to practice oral expression and oral comprehension as much as possible.

Join French conversation groups online or in your city.

Speaking regularly helps with fluency, confidence and oral comprehension.

7. Write in French

Start by writing notes, journal entries, or simple emails in French to improve your written skills and written comprehension.

This builds your written skills by improving your written expression and grammar.

8. Join Language Exchange Programs

Websites like Tandem , Speaky , or Conversation Exchange connect you with native French speakers who want to learn your language.

It’s free and helps both people learn.

9. Attend French Classes In Person

If available, join a local French class at a school, college, or community centre.

Having a teacher can give you structure and feedback.

Note that if you are attending in-person courses in Canada, you may need a study permit to do so. Consult with our team if you are unsure whether a study permit is needed.

10. Live in a French-Speaking Country

For those who are serious about improving French in order to immigrate to Canada, spending time in a French speaking environment can help you learn much faster than studying alone. Nothing helps more than immersion.

If you're eligible for the International Experience Canada (IEC) program, consider participating in an IEC work permit in a French-speaking country. Countries like France, Belgium, and Luxembourg may have agreements with your country of origin, allowing young adults to gain international work experience. Immersing yourself in a French-speaking environment can accelerate your language acquisition by forcing you in to consistent practice, making it easier to achieve the desired CLB levels for Canada PR.

11. Use French Daily

Label things in your home in French.

Try thinking in French or making grocery lists in French.

Small habits build strong language skills.

12. Study with a Tutor

A tutor can focus on your weak points and help you prepare for the French tests.

You can find tutors online or through language schools.

Demonstrating French Proficiency - French Exam for Canada PR

To prove your French for immigration, you must take:

TEF Canada (Test d’évaluation de français), or
TCF Canada (Test de connaissance du français)

TEF Canada test d’évaluation de français and TCF Canada test de connaissance assess your abilities in:

Listening
Speaking
Reading
Writing

Your scores are then converted to the Niveaux de compétence linguistique canadiens (NCLC) levels, which correspond to the CLB levels.

Register Early for the Test

Test spots fill up fast.

Check with official test centres in your area and plan ahead.

Results usually take a few weeks.

Don’t Forget to Study for the Test

Even if your French is good, prepare carefully.

Understand the test format and practice with sample questions.

A good score makes a big difference in your PR chances.

Improve English Instead of French for Canadian PR

French can make it easier for you to gain Permanent Residency in Canada through the Express Entry system, but it's definitely not easy to learn a new language.

Sometimes it makes more sense to focus on improving your English scores instead of starting French from zero.

Scoring CLB 9 or higher in all four English skills can significantly increase your points, particularly in the language and skill transferability sections of the CRS, thus significantly enhance your chance to receive an invitation.

For native speakers of English, this may be a more practical way to gain points.

Choose What Works Best for You

You don’t have to do both French and English.

Think about your time, budget, and learning style.

Choose the path that gives you the most benefit for your situation.

Next Steps

Navigating the complexities of Canadian PR application and Canadian citizenship can be challenging. To determine the most effective strategy tailored to the unique circumstances of your PR journey, we recommend that you schedule an immigration consultation with our firm. Our experienced team can provide personalized guidance to help you achieve your Canadian immigration goals.

Certificate of Qualification for Express Entry: A Complete Guide

Thu, 13 Mar 2025 04:33:30 GMT

A Certificate of Qualification is used to demonstrate that an individual is qualified to work in a certain trade occupation in Canada. Normally the individual must take specialized training in order to pass a licensing exam to demonstrate that they have the knowledge to work safely in that specific occupation.

The Certificate of Qualification is perhaps the most confusing factor of the Express Entry Comprehensive Ranking System scoring . Candidates who hold a valid Certificate of Qualification are awarded 50 points in their CRS ranking. In order for these 50 points to be awarded, the Certificate of Qualification needs to meet the following 3 requirements:

Certificate of Qualification - Occupation

The first step in determining whether you can claim the 50 points for a Certificate of Qualification is to understand if your certificate is for one of the eligible occupations that IRCC has designated for Express Entry. IRCC has included a list of occupations that require a certificate of qualification in the processing manual for Express Entry. Only certificates issued for that list of occupations are eligible for the 50 skills transferability points. Note that this list is not the same as the list of skilled trades eligible for the Federal Skilled Trades program . It’s also important to note that the applicant does not need to have actually worked in the occupation in order to be eligible for the 50 points.

Certificate of Qualification List

The occupations and NOC codes eligible for Express Entry points for a Certificate of Qualification are:

22114 Landscape and horticulture technicians and specialists

22212 Drafting technologists and technicians

22311 Electronic service technicians (household and business equipment)

22312 Industrial instrument technicians and mechanics

62200 Chefs

63200 Cooks

63201 Butchers – retail and wholesale

63202 Bakers

63210 Hairstylists and barbers

72010 Contractors and supervisors, machining, metal forming, shaping and erecting trades and related occupations

72011 Contractors and supervisors, electrical trades and telecommunications occupations

72012 Contractors and supervisors, pipefitting trades

72013 Contractors and supervisors, carpentry trades

72014 Contractors and supervisors, other construction trades, installers, repairers and servicers

72020 Contractors and supervisors, mechanic trades

72021 Contractors and supervisors, heavy equipment operator crews

72022 Supervisors, printing and related occupations

72023 Supervisors, railway transport operations

72024 Supervisors, motor transport and other ground transit operators

72025 Supervisors, mail and message distribution occupations

72100 Machinists and machining and tooling inspectors

72101 Tool and die makers

72102 Sheet metal workers

72103 Boilermakers

72104 Structural metal and platework fabricators and fitters

72105 Ironworkers

72106 Welders and related machine operators

72200 Electricians (except industrial and power system)

72201 Industrial electricians

72202 Power system electricians

72203 Electrical power line and cable workers

72204 Telecommunications line and cable installers and repairers

72205 Telecommunications equipment installation and cable television service technicians

72300 Plumbers

72301 Steamfitters, pipefitters and sprinkler system installers

72302 Gas fitters

72310 Carpenters

72311 Cabinetmakers

72320 Bricklayers

72321 Insulators

72400 Construction millwrights and industrial mechanics

72401 Heavy-duty equipment mechanics

72402 Heating, refrigeration and air conditioning mechanics

72403 Railway carmen/women

72404 Aircraft mechanics and aircraft inspectors

72405 Machine fitters

72406 Elevator constructors and mechanics

72410 Automotive service technicians, truck and bus mechanics and mechanical repairers

72411 Auto body collision, refinishing and glass technicians and damage repair estimators

72420 Oil and solid fuel heating mechanics

72421 Appliance servicers and repairers

72422 Electrical mechanics

72423 Motorcycle, all-terrain vehicle and other related mechanics

72429 Other small engine and small equipment repairers

72500 Crane operators

72501 Water well drillers

72999 Other technical trades and related occupations

73100 Concrete finishers

73101 Tilesetters

73102 Plasterers, drywall installers and finishers and lathers

73110 Roofers and shinglers

73111 Glaziers

73112 Painters and decorators (except interior decorators)

73113 Floor covering installers

73200 Residential and commercial installers and servicers

73201 General building maintenance workers and building superintendents

73202 Pest controllers and fumigators

73209 Other repairers and servicers

73310 Railway and yard locomotive engineers

73311 Railway conductors and brakemen/women

73400 Heavy equipment operators

73401 Printing press operators

73402 Drillers and blasters – surface mining, quarrying and construction

82010 Supervisors, logging and forestry

82020 Supervisors, mining and quarrying

82021 Contractors and supervisors, oil and gas drilling and services

82030 Agricultural service contractors and farm supervisors

82031 Contractors and supervisors, landscaping, grounds maintenance and horticulture services

83100 Underground production and development miners

83101 Oil and gas well drillers, servicers, testers and related workers

83110 Logging machinery operators

83120 Fishing masters and officers

83121 Fishermen/women

92010 Supervisors, mineral and metal processing

92011 Supervisors, petroleum, gas and chemical processing and utilities

92012 Supervisors, food and beverage processing

92013 Supervisors, plastic and rubber products manufacturing

92014 Supervisors, forest products processing

92015 Supervisors, textile, fabric, fur and leather products processing and manufacturing

92020 Supervisors, motor vehicle assembling

92021 Supervisors, electronics and electrical products manufacturing

92022 Supervisors, furniture and fixtures manufacturing

92023 Supervisors, other mechanical and metal products manufacturing

92024 Supervisors, other products manufacturing and assembly

92100 Power engineers and power systems operators

92101 Water and waste treatment plant operators

93100 Central control and process operators, mineral and metal processing

93101 Central control and process operators, petroleum, gas and chemical processing

93102 Pulping, papermaking and coating control operators

Certificate of Qualification - Issuing Authority

If your Certificate of Qualification matches one of the NOC codes on the IRCC list, then the next step is to determine who issued your Certificate of Qualification and who gave them the authority to issue the certificate.

In order to claim the 50 points for Certificate of Qualification, your certificate must be issued by a Competent Canadian Authority that has been legally delegated to be the regulator on the basis of either federal or provincial legislation. This means that legislation has to exist at either the federal or provincial level that says the organization who issued your certificate was appointed to do so by either the Federal government or the provincial / territorial government.

Certificate of Qualification - what activities are authorized?

The final step is to understand what actions you are qualified to take based on the Certificate of Qualification that you hold. Your certificate must authorize you to be an operator-in-charge or the overall responsible operator in the trade in which you are qualified.

Some of the acceptable certificates of qualification include the following:

Journeyperson certificates
Red Seal certificates
Class 1 operator
Certificate of Qualification

Some of the ineligible certificates of qualification include the following:

Apprenticeship Certificates
Vocational program certificates, diplomas or degrees
Operator-in Training Certificates
Certificates issued by trade associations or by manufacturer of materials

In order for you to receive the 50 Skills Transferability points for a Certificate of Qualification, your certificate must meet all 3 of the requirements outlined in this article - it must be for an occupation on the eligible list, issued by a competent authority and authorize the holder to be in charge of the jobsite. It’s important to be certain that you qualify before applying for Permanent Residence, as IRCC will remove your 50 points and decline your PR application if you submit a certificate that does not meet all of the specific requirements.

The Way Immigration has been working with the Express Entry system ever since it's introduction in 2015. Our Calgary immigration office is ready to help you maximize your Express Entry CRS points in order to jump start your move to Canada. Contact us today to schedule an immigration consultation to gain the clarity and peace of mind you need regarding Canadian immigration.

Mastering the Canada PR & CRS Points System: A Complete Guide to Increasing Your Express Entry Score

Mon, 10 Mar 2025 04:17:12 GMT

Express Entry – How to Improve CRS Points

The Express Entry system is Canada’s largest economic immigration program. It operates as an online platform where those interested in Canadian immigration can register their interest by entering the express entry pool , and then waiting to see if Canada invites them to apply for Permanent Residence during an Express Entry draw.

Express Entry functions by means of a points system, whereby certain aspects of each individual applicant are scored according to a Comprehensive Ranking System (CRS) , and then invitations are issued either on the basis of the applicant being bilingual, having work experience in specific occupations, or because the applicant has scored enough CRS points to be within the range that IRCC has invited.

During the end of 2023 and throughout 2024, record numbers of individuals entered the Express Entry pool, and for that reason, the CRS points required to receive an invitation in a general draw skyrocketed into the 500s. Many who studied in Canada with the understanding that they would have enough CRS points to gain Permanent Residence through Express Entry faced the reality that their CRS points were actually lower that what was required to receive an invitation to apply for Permanent Residence.

A common question that we hear in consultation is, “How can I improve my Express Entry points?” There are three general categories of CRS scoring factors – cannot be changed, difficult to change, and easier to change. Let’s list them out below:

CRS scoring factors that cannot be changed:

Age factor

The Express Entry system provides the highest CRS score for age to those between 21 - 19. By the time you turn 30, you will lose points each year on your birthday; and by the time you turn 45 you have exactly zero points for age. Why is Canada discriminating on the basis of age? It's simple - Canadian immigration policy is designed to import taxpayers while minimizing the amount of government funded healthcare that new immigrants will require. Those aged 30 or less have the longest amount of time to pay taxes, and will generally not use much in the way of health care resources for many decades. For that reason, younger express entry applicants are given priority by the Canadian government.

CRS scoring factors that are difficult to change:

Level of Education

Obtaining additional post secondary education is one way to increase your CRS points score, but it requires a course of at least 1 year in duration to make any difference at all. If you already have a degree of at least 3 years, completing a new program of at least 1 year will make you eligible for education points for 2 or more credentials, as well as bonus points for the skills transferability factors.

Secondary language scores

Learning French as a second language is currently the biggest trend in Canadian immigration, as IRCC continues to target French speaking and bilingual English - French speakers with Express Entry. A French language proficiency score of CLB 7 in all four language aspects means that you will be eligible for the French draws through Express Entry. The points required for those draws has been more than 100 points lower than the regular draws. Learning French to a CLB 7 in all aspects takes about 2 years for really smart people who are studying part time while working full time.

Canadian Work Experience

CRS points are awarded to applicants for each year of skilled work experience inside of Canada. The largest gain happens after the first full year of skilled work experience in Canada, with either 35 or 40 points awarded. Smaller amounts are added for each additional year, between 8-13 points depending on how many years you have worked and whether you are single or married / common law . If you are old enough that you lose points for age each year on your birthday, it becomes almost a zero sum gain because most of the points you gain for the additional year of Canadian work experience end up disappearing on your birthday.

Certificate of Qualification

The 50 CRS points for a Qualification Certificate in a trade occupation are some of the most difficult PR points to understand. First of all, the qualification certificate must be for one of the NOC codes listed by IRCC in the processing manual for Express Entry. The certificate must also be issued by a competent Canadian authority, which means an entity that has been legally designated to regulate the certificate of qualification by virtue of federal, provincial or territorial legislation or regulations.

To break it down into simpler terms - the occupation that needs the certificate must be on IRCC's list, and there has to be some legislation at either the federal or provincial level that says that organization regulates that certification.

Arranged Employment

Arranged employment is a category that causes a lot of confusion. Many think that a simple offer of employment from a Canadian employer will result in an additional 50 CRS points, but that's not the case. The reality is that you need a job offer that is either accompanied by an LMIA, or an employer specific LMIA exempt work permit plus 12 months of work with the employer. This category is set to undergo significant changes in 2025 as IRCC plans to temporarily suspend the additional 50 points for most categories of arranged employment.

Provincial Nomination Certificate

While a Provincial Nomination Certificate will give you an additional 600 points in your Express Entry profile, it's important to remember that not all PNP streams are tied to Express Entry. In order to gain the extra 600 points, you need to first qualify for an Express Entry based provincial nominee program, then receive approval for a Provincial nomination certificate, and finally accept the nomination certificate in your Express Entry profile. At that point, IRCC will add the 600 points into your Express Entry PR score, and you will be eligible to receive an invitation during the next PNP draw.

Sibling in Canada

To gain CRS points for a sibling in Canada, that sibling must be a Permanent Resident or Canadian Citizen, and actually be residing inside of Canada. The sibling can be related to either you or your spouse or common law partner . If you don't have a sibling living in Canada, perhaps you will want to find a spouse who does?

CRS scoring factors that are easier to change:

Primary language scores

Sometimes the easiest way to improve your CRS score is to take a new language exam for your primary language. There are significant bonus points available if you can score a Canadian Language Benchmark (CLB) 9 or higher in all four categories on your primary language proficiency exam. Studying to improve your scores for a language that you are already comfortable using sometimes makes more sense than trying to learn a new language completely from zero.

Taking a different language test can also help to improve your primary language proficiency scores. Most applicants worldwide are familiar with the IELTS English language test, however those applicants who are more familiar with a Canadian accent may find that their language test results are higher when taking the CELPIP test, which uses a Canadian accent for the listening portion of the exam.

Foreign Work Experience

Foreign work experience is an aspect of the CRS scoring system that is often overlooked by young people who are already in Canada. Many of those with a post graduate work permit or an IEC work permit did not work in their home countries before moving to Canada. If you have worked in Canada and already receive points for Canadian work experience, but you came to Canada without any overseas work experience, one of the most significant things you can do is to leave Canada when your current work permit expires and start working overseas, in a skilled role, as soon as possible.

Depending on your language scores and how long you worked in Canada, you can gain anywhere from 26 to 50 additional CRS points by obtaining at least 1 year of overseas work experience. This is often enough to put a young person over the top of the minimum CRS score required to obtain an invitation. You then return to Canada once your PR application has been approved, and you become a Permanent Resident at the airport. This is a much better strategy than changing your status to a visitor and just waiting around in Canada after your work permit expires.

Occupation

IRCC is prioritizing certain occupations for immigration to Canada , and in most cases, you need only 6 months of work experience in one of the designated occupations in order to qualify for an occupation specific selection draw. These occupation specific draws generally have a lower minimum CRS score than the general Express Entry draws. Keep in mind that you will still need to meet the basic requirements to enter the Express Entry Pool , so you need more than 6 months of skilled work experience in total to qualify. If you already meet the requirements to be one of the Express Entry candidates, but don't meet the minimum comprehensive ranking system score (CRS) needed to receive an invitation in one of the general draws, changing your job to one of those on the priority list may help you to get an invitation to apply once you have worked in the new occupation for 6 months.

Marital or Civil Status

The Comprehensive ranking system has a different points grid for single applicants versus those who are married or have a common law partner. Depending on the language, education and Canadian work experience points of your spouse or common law partner, you may find that it's to your advantage to declare in your Express Entry profile that your partner is not going to accompany you to Canada so that your Express Entry profile can be scored as a single applicant. In the event that you are invited as a single applicant, you still need to include the information and documents for your spouse or common law partner, but they will not receive a visa to become a Permanent Resident of Canada when your application is finalized. Once you become a Permanent Resident, you will then have to submit a separate application to sponsor your spouse or common law partner for a Permanent resident visa. This approach is not recommended if both you and your spouse or common law partner are residing in Canada together - as it's not really genuine in that situation to say that your partner is non-accompanying.

Improving Canada PR Points

With Express Entry receiving the largest number of Permanent Residence allocations each year from Immigration, Refugees and Citizenship Canada , a great deal of time and energy is invested by Express Entry Candidates into improving their comprehensive ranking system score (CRS) to the level at which an invitation for Permanent Residence may be possible. It's easy to spend a lot of time and money chasing maximum points in the Express Entry pool. A meeting with an expert is the best way to understand the most realistic options to achieve your maximum points for Canada PR. The cost to obtain professional advice is less expensive than guessing on your options, and repeatedly taking expensive language tests that may or may not actually help your specific situation.

The Way Immigration has been working with Express Entry ever since the program was introduced in 2015. Contact our Alberta immigration consultant today to schedule an consultation to review your situation and create a realistic plan to collect all of those additional points that can help to boost your Express Entry profile into the realm of the highest ranking candidates.

Understanding the New Work Permit Policy for PNP Candidates in Canada

fran@thewayimmigration.ca (Fran Wipf) — Mon, 04 Nov 2024 08:35:43 GMT

Update (2025): Temporary Open Work Permit Policy for PNP Candidates — Still Active for Manitoba and Yukon Until December 31, 2025

Please note that while this blog post remains accurate in its general explanation of the policy, Alberta is no longer participating as of March 17, 2025 . The temporary public policy remains in effect for Manitoba and Yukon and allows eligible PNP candidates with a provincial support letter to apply for an open work permit . This measure is currently set to expire on December 31, 2025 .

Record numbers of foreign workers in Canada in 2024 have overloaded the Provincial Nominee programs, causing processing times for PNP applications in several provinces to lengthen to the point at which the programs no longer made any sense. Due to large volumes of applications, many applicants would see their work permits expire while waiting for a decision on their Provincial Nominee program application, which usually means they are no longer eligible for a nomination.

It doesn't make any sense for PNP officers to spend their days assessing files where the applicant is no longer eligible.

To help rectify this situation, IRCC has partnered with three Provincial Nominee programs to create a limited time public policy that permits certain PNP candidates, who have received Provincial support, to apply for an open work permit while waiting for a decision on their application for Provincial Nomination. The purpose of this policy is to allow applicants to retain temporary resident status and remain working long enough to receive a decision on their application for Provincial Nomination.

Note: it is not possible for all candidates who have applied to a Provincial Nominee Program to apply for an open work permit. This is a temporary option that is granted only to those who have a letter of support from the province they are waiting to be nominated by.

How to Request a Provincial Support Letter for an Open Work Permit

Currently, this policy applies to workers residing in Alberta , Manitoba, or Yukon, whose work permits will expire between May 7 and Dec 31, 2024, and who have applied for Provincial Nomination but have not yet received a decision on their application (or who were refused only because they no longer held a valid work permit).

The Provincial Nominee Programs in these three provinces are in the process of reviewing the applications in their queue or expression of interest pool to determine which candidates will receive a letter of support from the Province. Typically, the program will send a letter to the candidate asking whether they have obtained a new work permit, and if they are still living or working in the province. Those candidates who are still working or living in the province and have no other option to renew their work permits are then provided with a provincial support letter that can be used to submit an application for an open work permit. In some cases, even expired work permit holders are eligible to receive a provincial support letter, as long as they are eligible to restore their status as a worker.

It is not possible for the candidate to request a letter of support. The Provinces are the ones who are making the decision as to who they wish to support for this process. Eligible candidates will be contacted by the Province with further instructions depending on the province of residence.

How to Apply for an Open Work Permit with a Provincial or Territorial Support Letter

To be eligible for the new PNP Open work permit, you must meet the following conditions:

Hold a valid work permit or have held a work permit that was valid on May 7, 2024. If your permit expired after this date, you may still apply as long as you restore your status when applying for this OWP. Note that applications to restore status must be submitted within 90 days of losing temporary resident status.

Provide the following key documents:
Support letter from the provincial or territorial authority where you reside, confirming your inclusion in the EOI pool or PNP application inventory.
Letter of employment from your current employer.

This public policy is time-limited and the temporary measure will expire on December 31, 2024. The government reserves the right to revoke it at any time without prior notice, so it’s important to act quickly if you are eligible. You should submit your work permit application as soon as you receive the letter of support from your province.

Step-by-Step Guide to Submitting Your Work Permit Extension Application

If you meet the above eligibility criteria and requirements, follow these steps to apply for your open work permit:

Step 1: Gather Your Documents

Ensure you have the following supporting documents ready to include with your work permit extension application:

Support letter from your provincial or territorial authority.
Letter of employment from your current employer.
Copy of your valid passport.
Proof of fee payment.
Passport size photo

Step 2: Understand the Fees

Be prepared to pay the following fees:

Work permit fee : CA$155
Open work permit holder fee: CA$100
Restoration fee (if applicable): CA$229

Step 3: Complete the Application

You need to apply online for this work permit, using the IMM 5710 to Extend your Stay as a Worker.

When filling out the application form, select "Open Work Permit" in the "Details of intended work in Canada" section. For the Job title and Description, use the appropriate provincial code as noted below:

Use ABEOI2024 if your letter of support is from Alberta.
Use MBEOI2024 if your letter of support is from Manitoba.
Use YKEOI2024 if your letter of support is from the Yukon.

Why This Policy Matters

This new open work permit option is a game-changer for foreign workers whose work permits may have expired or are nearing expiration. It offers them a chance to continue working in Canada, with a valid work permit, provided they are in a province or territory that supports the program. Additionally, this policy helps provinces and territories retain skilled workers who are already contributing to the local economy and are on track for permanent residency through the Provincial Nominee Program (PNP) .

Employers also benefit by being able to retain workers who are critical for their operations during the transition period. This ensures stability in key industries while workers progress through the permanent residency process.

If you qualify, make sure to gather your documents, understand the application steps, and submit your OWP application online. This is a valuable opportunity to maintain your work status in Canada while awaiting the next steps in your immigration journey.

Frequently Asked Questions about PNP Open Work permit Policy

If I receive an open work permit, can I change employers while waiting for my Provincial Nomination application to be processed?

While legally, you can work for almost any employer in any location with an open work permit, it's important to remember that your application for Provincial Nomination was submitted with the support of your current employer, in your current location. If you change that employment relationship before you achieve PR status, you may no longer qualify for the program that you applied for. Therefore, it is strongly recommended that you remain with your current employer even when you receive an open work permit. It would be entirely possible, however, to take on a second job once you have the open work permit; as long as your second job does not impact your ability to work full time for your existing employer. Absolutely do not change the province where you are working or living - as this will certainly result in a refusal of your application for nomination or for Permanent Residency.

I am planning to apply now for a Provincial Nomination. Can I expect to receive a letter of support for an Open Work permit?

Only candidates who were already in the processing queue when this public policy was announced on August 11, 2024 can expect to receive consideration from their Province for this program. The intent of this policy is to assist Alberta , Manitoba and The Yukon with managing their existing application inventory, not to introduce a new work permit option for all who may apply in the future.

What kind of work permit is eligible to be extended using the new work permit policy for potential Provincial Nominees?

Among those who have applied to a participating provincial nominee program, most current work permit holders are eligible applicants, including LMIA work permit , open work permits, LMIA exempt work permit, employer specific work permits and post graduation work permit holders.

Why doesn't the Province just nominate me instead of spending time on my application to see if I qualify for this open work permit? Can't they spend the same time to assess and approve my application for Provincial Nomination?

Yes, it likely takes the same amount of time to assess the eligibility criteria of the PNP candidate for this open work permit as it would to just assess the PNP application and issue a nomination certificate. The issue is that each Province is given a certain number of allocations by IRCC each year, and they cannot issue more provincial nomination certificates than they are permitted by IRCC. This new policy effectively allows the province to shift some of the candidates for nomination into 2025, instead of losing the opportunity to keep those workers in the Province because they would return home when they no longer had a valid work permit. This also means that there will effectively be fewer nomination spots available for other foreign nationals during the 2025 nomination window. In the meantime, most Provincial nominee program's have made changes to restrict the number applications that will be accepted in any given year, to hopefully avoid the issue of excess inventory in the future.

The good news is that IRCC requires that the provincial or territorial authority conduct an initial assessment of all foreign nationals who are issued a support letter, to ensure they meet the eligibility requirements of the program they applied for and are likely to be issued a nomination certificate in the future. So if you receive the letter to apply for the open work permit, it means you are also highly likely to receive a Provincial Nomination certificate in due time. The provincial nomination certificate will then enable you to apply for Permanent Residence.

What happens if I receive a Provincial Support Letter for an Open Work permit?

Foreign nationals who receive a letter from their provincial or territorial authority that authorizes them to apply to extend their temporary resident status need to then submit an application for a new work permit to IRCC. If this new work permit is approved, then you will have a two year open work permit that enables you to remain legally working in Canada. During this two year period of time, the PNP program that you applied to will assess your application and determine whether or not to issue you a Provincial Nomination Certificate. If you receive the PNP Certificate, then you are eligible to apply to IRCC to become a Permanent Resident.

If your new work permit is not approved, then you have likely lost the opportunity to remain in Canada. For this reason, it's critical that your open work permit application is prepared properly, and submitted before the program expires on Dec 31, 2024.

I did not receive a Support Letter for an Open Work permit and my work permit is expiring. What are my options?

In this situation, we recommend meeting with a professional to sort out whether you have any other options to maintain the ability to work in Canada long enough to receive a decision on your application to the Provincial Nominee Program. The pathway to permanent residency is different for every principal applicant, and a meeting with an expert can help you uncover options to navigate the application process that you may not have considered.

The Best Alberta Immigration Consultants are waiting for you at The Way Immigration. Since 2008, we have helped thousands achieve their Alberta Canada immigration goals. Contact our immigration office Calgary today to sort out your best options for immigration success for you and your family.

Alberta Advantage Immigration Program: Understanding the New Expression of Interest System (EOI Alberta)

fran@thewayimmigration.ca (Fran Wipf) — Mon, 28 Oct 2024 06:43:26 GMT

Like all Provincial nomination programs in 2024, Alberta has faced an unprecedented demand for the Alberta Advantage Immigration Program . It is estimated that there are currently 100,000 work permit holders in Alberta, due to an abundance of jobs created by the Province's economic growth. Alberta has fewer than 10,000 nomination certificates available to award each year; therefore, program has needed to come up with creative ways to manage the AAIP worker streams .

Previously, in order to apply to the Alberta Advantage Immigration Program, one needed only to meet the criteria for a specific program, and then submit an application. A sharp increase in the number of applications submitted in early 2024 caused the processing queues to lengthen to 7-8 months processing time, before Alberta closed their application streams in February 2024. One of the requirements to be nominated by Alberta is that the applicant must have a valid work permit at the time the department assesses the application (applicable to Alberta Opportunity Stream and Alberta Tourism and Hospitality Stream ). When the estimated processing time reached 8 months or longer in early 2024, the programs no longer made any sense - as most work permit holders would expire while waiting for processing. In order to deal with this situation, the Alberta government had to find a way to slow down the number of people applying to the program.

What is the New Immigration Program in Alberta in 2024?

As of September 30, 2024 , the Alberta Advantage Immigration Program (AAIP) has introduced a new Worker Expression of Interest (EOI) system to manage the intake of applications for its worker streams. This change has generated some confusion, with many thinking this is a new immigration stream. Let’s clarify— the new EOI system is not a new program, but rather a new method to manage the intake of applications more efficiently. Qualified applicants are no longer able to submit their applications directly to the AAIP. Instead they must enter the new worker EOI pool and wait for an invitation from Alberta to apply.

What changed with Alberta PNP ?

All of Alberta's PNP streams remain the same, and the eligibility criteria is unchanged. It's just that the method of applying for AAIP nomination has changed. Previously, candidates who met the criteria for AAIP worker streams could apply directly to the program. However, a surge of applications in late 2023 and early 2024 led to long processing queues, causing delays that were no longer sustainable. The Expression of Interest system in Alberta was implemented to help control the volume of applications, ensuring reasonable processing times while also prioritizing workers in Alberta industries that are facing skill shortages.

How the New AAIP EOI System Works

The new system introduces a structured approach to managing applications. Here’s how the process works step by step:

Eligibility Check

The first step to applying for the provincial nominee program in Alberta is ensuring you meet the eligibility criteria for one of the AAIP’s worker streams. This could include the Alberta Opportunity Stream (AOS), Alberta Tourism and Hospitality Stream , Alberta Express Entry Stream and/or the Alberta Rural Renewal Stream. Understanding the program you qualify for is crucial because how you answer the questions in your EOI profile will determine whether or not Alberta considers you when making program draws. Further, if you don't understand your program eligibility, you could be invited to apply for a program that you are not eligible for. In that scenario, the end result will be a refusal after several months of waiting and the loss of your $840 application fee. Applicants are expected to know which programs they are eligible for before submitting their EOI. Note that the largest number of Alberta PNP nomination certificates are reserved for those who have a job offer with an Alberta employer.

How to Submit EOI for Alberta

Candidates must submit a Worker EOI through the AAIP portal . You will self-declare information about your background, such as your skills, work experience, and language abilities by completing the online form. The information you provide will be scored and ranked using the Worker EOI points grid , a points based system that evaluates candidates based on provincial priorities and Alberta's labor market needs.

Key Points to Remember:

There is no fee to submit an Alberta Worker EOI.
You can only have one Worker EOI at a time. If you have a draft or active application, you must withdraw it before submitting a new EOI.
You need a valid Alberta.ca Account to submit your EOI
AAIP Invitations are not issued based solely on the highest number of points. Invitations will be conducted based on eligibility for one of Alberta's programs plus other key considerations like what industry you work in, does Alberta have a skills shortage for your NOC code, and are you located in a rural Alberta community participating in the Rural Renewal Stream. Your score on the worker EOI points grid is just one of the factors taken into consideration.

Waiting for an Invitation

Once submitted, your Worker EOI will be placed into a Worker Stream pool for one year. The AAIP will conduct ongoing draws from this pool of candidates, selecting applicants based on their EOI score and Alberta’s provincial labor market needs. A draw for the Tourism and Hospitality Stream took place in mid-October 2024.

Receiving an Invitation

If selected, you will receive an invitation to apply for provincial nomination via the email address that is connected to your Alberta ID. Ensure that you monitor that email address in the event it is not your primary account.

Applying for Provincial Nomination

If you receive an invitation to apply for Alberta PNP, you can submit a full application for provincial nomination based on the program for which you are eligible. This will require more detailed information, supporting documents, and further steps. Your application will be submitted through the AAIP portal, which is connected to your Alberta digital ID.

Maintaining Status

Throughout the process of waiting for your AAIP nomination certificate, it’s vital to maintain your work permit status . Submitting an EOI or applying for Alberta nomination does not automatically give you maintained status. Make sure your work permit remains valid while waiting for a notification of interest and a nomination certificate from Alberta. It is only once you have received the nomination certificate that you are able to apply for an extension to your work permit as a Provincial Nominee. Bridging Open Work permits are available only to those who have submitted an application for Permanent Residence to IRCC.

AAIP Worker Expression of Interest Points Grid

While much of the AAIP Expression of interest points grid is self-explanatory, there are a number of factors that have caused confusion in the early days of the program launch, including:

AAIP EOI Education points

Candidates receive points only for their highest level of education. Education points are awarded only if that highest level of education was completed in Canada or if they have an Education Credential Assessment for foreign education. It is common for candidates interested in immigration to Canada to have a degree from overseas and a 2 year diploma completed in Canada. In this case, the applicant must declare the overseas degree as the highest level of education, and must have an ECA for that degree. They would receive points for the highest level of education completed, but no points for education completed in Canada.

A candidate who completed an overseas degree and a 2 year diploma in Canada would not receive any education points if they did not have a valid ECA for the overseas degree.

A candidate whose highest level of education is a 2 year diploma completed in Canada will receive points for a diploma plus highest level of education completed in Canada.

AAIP Regulated Occupation and Certification points

There are some occupations in Alberta that require you to hold a license or certificate in order to work in the position - professional occupations, designated occupations and regulated trades. Examples of such occupations are Registered Nurse, Electrician, and Accountant (this is not a complete list, there are many more). If you work in one of these types of occupations, in order to claim the 10 points available in the AAIP EOI points grid, you must hold the proper license or certificate. In some situations, certificate in the occupation can be voluntary - such as cook or carpenter. Both cooks and carpenters can work in the occupation without any certification, but they are also able to obtain a trade certificate from Alberta Apprenticeship and Industry Training (AIT). The certificate is necessary to claim these additional points on your Worker EOI. If you are working as a carpenter but you do not have the Red Seal certification from AIT, you can not claim the 10 points for a job offer in a regulated occupation in Alberta.

To summarize the requirements to claim AAIP EOI points for a regulated occupation - you must be both working in the regulated occupation and hold whatever certification is available for that profession in order to obtain the 10 points available in the EOI system.

How to get Notification of Interest from Alberta?

You will have a greater chance of receiving an invitation from the Alberta Advantage Immigration Program if you are working in one of the priority industries, working in one of the priority occupations, and working in a rural Alberta community that is participating in the Rural Renewal Program.

AAIP Draw Update 2024

In a recent meeting with the department, the director of the AAIP, Tim Toderovich, mentioned that Alberta is not expecting to conduct many draws or issue many notifications of interest in 2024. The program has enough current applications to fill it's quota for 2024 and will mainly be using the notification of interest system to fill in any blanks if they are short of a few candidates for specific programs. That is why the only draw to date has been for Alberta's Tourism and Hospitality program - because the AAIP needed to issues 200 more nominations under that program before the end of 2024. He explained that once Alberta has a better understanding of how many allocations they will be given by IRCC for 2025, they will be in a better position to conduct regular draws. He also mentioned that for the foreseeable future, Alberta would be concentrating it's efforts on inviting those who have a work permit and are working in Alberta.

With the recent news that IRCC has slashed the overall number of provincial nomination allocations from 110,000 to 55,000 for 2025, it does not appear that Alberta will be granted it's wish for 20,000 annual allocations plus 15,000 spots only for Ukrainians. If the federal government intends to give each province only half of their existing nomination allocations for 2025, this will make it even harder to get an Alberta invitation to apply in 2025.

Key Takeaways

The Alberta EOI system is not a new immigration stream for Alberta, but a way to control how many applications are submitted at any given time.
The goal with introducing Expression of Interest EOI for Alberta PNP is to maintain manageable processing times and prioritize applicants whose skills match the shortages in Alberta’s labor market.
Take your time to review the different Alberta PNP streams before you complete the Worker EOI points grid, to ensure you meet eligibility requirements before submitting EOI.

The Way Immigration is your top choice for the best Alberta Immigration Consultants. We have been working with applications for Calgary PR by Provincial Nomination (PNP) since 2008 and have one of the highest success rates possible. Contact The Way Immigration today to start your journey towards Alberta Provincial Nomination.

Understanding the Bridging Open Work Permit in Canada: A Comprehensive Guide

Tue, 20 Aug 2024 10:23:33 GMT

Navigating immigration policies can be challenging, especially when transitioning from temporary to permanent residency. One key tool for managing this transition is the Bridging Open Work Permit (BOWP). This guide provides everything you need to know about the Bridging Open Work Permit, including who qualifies, who doesn’t, and how you and your family can continue to work in Canada while waiting for your Canadian Permanent Residence to be approved.

Introduction to Bridging Open Work Permits

A Bridging Open Work Permit (BOWP) is an essential resource for foreign nationals who have applied for permanent residence in Canada and want to continue working while their application is under review. This open work permit BOWP allows individuals to maintain their temporary resident status and legal authorization to work, even if their original work permit has expired or is about to expire. By holding a valid work permit or being under maintained status, applicants can support themselves and their families by continuing to work during the transition from temporary resident to permanent resident. To qualify for a bridging open work permit, you must have already applied for permanent residence under an eligible economic immigration program and be physically present in Canada. BOWPs are only available to inland applicants, meaning you must be applying from within Canada. The BOWP ensures that foreign nationals do not face unnecessary interruptions in employment while waiting for a decision on their application for permanent residence, making it a vital bridge to achieving Canadian permanent residency.

What is a Bridging Open Work Permit (BOWP)?

A Bridging Open Work Permit (BOWP) is a unique type of temporary work permit designed to help foreign nationals continue working in Canada while their permanent residence (PR) application is being processed. The main purpose of the bridging open work permit BOWP is to provide a seamless transition for individuals who have applied for permanent residence under eligible economic immigration programs, such as Express Entry, the Provincial Nominee Program, or other federal streams.

With a BOWP, you are not tied to a specific employer, which means you can work for any employer in Canada and even change jobs or locations, unless your permanent residence application imposes specific restrictions. Be careful changing employers if your PR application involved a job offer. The open work permit is typically valid for up to two years, giving you the flexibility and security to keep working in Canada while you wait for a decision on your permanent residence.

Essentially, this Canadian work permit “bridges” the gap between the end of your current work permit and the final decision on your PR. Issued by Immigration, Refugees and Citizenship Canada (IRCC) , the Bridging Open Work Permit (BOWP) allows foreign nationals to continue working legally in Canada without the employer first needing to obtain a Labour Market Impact Assessment. Applications must be submitted online through the applicant’s secure IRCC account.

Who is Eligible for BOWP application in Canada?

To qualify for a BOWP in Canada, you must meet the following criteria:

Valid Work Permit : You must be in Canada with a valid work permit, or be eligible to restore your status as a worker.
Pending Permanent Residence Application : You must have submitted a PR application and passed the completeness check under one of the following economic immigration programs:
Express Entry applicants :
Federal Skilled Worker Program (FSWP) – AOR letter needed
Canadian Experience Class (CEC) – AOR needed
Federal Skilled Trades Class (FSTC) – AOR needed
Provincial Nominee Program (PNP) – AOR needed (whether Express Entry or paper-based)
Agri-Food Pilot (AFP) – Approval in Principle (AIP) letter needed
Quebec Skilled Worker Class (QSWC) – Certificat de sélection du Québec (CSQ) and a copy of the letter with your PR application number starting with “E”
Home Child Care Provider Pilot (HCCPP) or Home Support Worker Pilot (HSWP) – AIP letter needed

BOWPs are only available to inland applicants (you must be applying from inside Canada). Certain applicants, such as those under the PNP or Quebec Skilled Worker programs, may have specific employment location restrictions on their work permits, depending on provincial requirements.

You should have received an Acknowledgment of Receipt (AOR) or an Approval in Principle (AIP) after submitting your PR application. This is also known as a completeness check and a positive eligibility assessment. Whether you need an AOR or an AIP with your BOWP application depends on the stream.

Who Does Not Qualify for Bridging Open Work Permits?

You are not eligible for a BOWP if:

You do not have a PR application in process: Submitting an Express Entry profile or applying to a Provincial Nominee Program does not qualify you, as these are not considered PR applications in process.
You are exempt from work permit requirements: For example, religious visitors or business visitors working without a permit.
You apply outside Canada: You cannot apply at a border, port of entry, or overseas visa office. Applications must be submitted from inside Canada through the IRCC online system.
You are inadmissible to Canada for any reason.
You do not have valid status and did not apply to extend it: You must hold a valid work permit in order to apply for a BOWP. If your permit has expired, you include an application for restoration of status with your application for a BOWP.

Family members: Only the principal applicant in the PR application can apply for a BOWP. Dependent children are not eligible. However, the spouse or common-law partner of a BOWP holder may be eligible for an open work permit under the spousal category , provided the principal applicant’s job is in a skilled occupation (TEER 0–3).

When Can I Apply for a Bridging Open Work Permit?

You can apply once you have:

Submitted Your Permanent Residence Application: Your application must be submitted and acknowledged by IRCC.
Received AOR: You must have received an acknowledgment of receipt (AOR) or an approval in principle (AIP), which confirms a positive eligibility assessment and indicates that your application is under review. With some application streams, the AOR is issued immediately when the application for PR is submitted. With other application streams, the AOR or the AIP can take several weeks or months to arrive once the PR application has been submitted.

It's important to ensure that your application has reached the necessary processing stages for eligibility before applying for the BOWP.

Can I Restore My Status to a BOWP?

To be eligible for a Bridging Open Work Permit (BOWP), you must apply before your current work permit expires . If you apply on time, you benefit from maintained status (previously called implied status). This means you can continue living and working in Canada legally while IRCC makes a decision on your BOWP application, even if your old permit expires during the process.

If your work permit has already expired, the situation is different. You may still be able to stay in Canada and apply for a new BOWP, but you must include an application for restoration of status as a worker with your BOWP application. The rules for restoration are:

You must apply within 90 days of your work permit expiring.
You must pay the restoration fee ($239.75) plus the regular work permit fee ($155), the open work permit fee ($100) and the biometrics fee ($85) if required.
You must continue to meet the eligibility requirements for a BOWP (for example, you must have a permanent residence application in process).
While waiting for restoration, you cannot work . Your right to work only starts again once IRCC approves both your restoration and your new BOWP.

It is important to understand the difference:

Applied before expiry = you keep working on maintained status while waiting.
Applied after expiry (within 90 days) = you can stay in Canada and ask for restoration, but you must stop working until approval.

If you miss the 90-day window, you are no longer eligible to restore your status from inside Canada. In that case, you would normally need to leave Canada and reapply from abroad.

Can My Spouse/ Common Law Partner/ Children Also Apply for a BOWP?

Only the principal applicant can apply for a Bridging Open Work Permit (BOWP). However, your spouse or common-law partner may qualify for an open work permit if you receive a BOWP and are employed in a skilled occupation (TEER 0–3). This is not a BOWP, but rather a spousal open work permit. Dependent children are not eligible for a BOWP. They may instead apply for a study permit or a visitor record, depending on their situation.

While your spouse, common law partner or children cannot apply for BOWP, as foreign nationals, they will still need to extend their temporary resident status before its expiry. They may be eligible to apply for their own open work or study permits under specific conditions. For them to apply, they need to:

Be Included in Your PR Application: They must be listed as dependents of the principal applicant in your PR application - dependents include your spouse, common-law partner, and children under the age of 22.
Meet Eligibility Requirements: They must have valid temporary resident status or be eligible to restore status and meet other criteria for their respective permits, including any maximum age requirements for dependent children.

How to Apply for a Bridging Open Work Permit

The BOWP application must be submitted online through the myCIC secure account , along with any applicable government fees. Key steps include:

Provide Proof: Submit proof of your current work permit and your PR application in process

Supporting Documents

When applying for a BOWP, you must include the following documents:

Acknowledgment of Receipt Letter or Approval in Principle Letter : Upload this in the “Client information” field when applying online.
Additional Documents: Your online application portal will generate a list of forms and documents to include with your application, including a valid passport, photo and other additional documents depending on your situation.

Applicants who have not previously submitted biometrics, or those who have changed their passport since arriving in Canada, will also need to provide biometrics as part of the application process.

Bridging Open Work Permit Processing Time

Processing Time: As of September 2025, the average BOWP processing time is 6–7 months. Processing times for BOWP applications can vary, so applicants should regularly check official IRCC updates for the most current information.
Expired Work Permit: If your current work permit expires while your BOWP application is being processed, you can continue working under maintained status until a decision is made, as long as you submitted the BOWP application before your work permit expired, and as long as you have not left Canada since your original work permit expired.

If your application for a bridging open work permit is denied, you must stop working immediately.

Working in Canada on a BOWP

A BOWP allows foreign workers to work for any employer in Canada, except for certain jobs requiring a medical exam. However, there may be restrictions for foreign workers, such as employment being limited to a specific province or territory based on your PR application.

Bridging open work permit holders can also work for multiple employers and locations unless restricted.

However, if you plan to change employers once you receive the bridging open work permit, ensure that you are mindful of any restrictions on your employment that are a condition of your Provincial Nomination Certificate or Arranged Employment requirements for your application for PR. Although the BOWP may enable foreign workers to work for any employer, the conditions of your PR application may not.

Employment Location Restrictions

Although the BOWP is "open," your work may still be limited by:

Conditions in your Provincial Nominee Program (PNP) (sometimes there are employer restrictions on the nomination)
Job offer obligations tied to your PR application

So while you can technically work for any employer, check whether your PR stream limits your employment location. Be careful changing your employer if your PR application included a job offer.

Traveling and Leaving Canada with a Bridging Open Work Permit

BOWP Travel Requirements: A BOWP is not a travel document. You must have a valid Electronic Travel Authorization (eTA) or a temporary resident visa to return to Canada if you decide to leave the country while holding a BOWP.
Leaving Canada While waiting for a BOWP: You can leave Canada while waiting for a Bridging Open Work permit, however, if your current work permit expires and you return to Canada before your BOWP is approved, you are not eligible to return to work until the actual BOWP is issued.

FAQ

Conclusion and Next Steps

In summary, the Bridging Open Work Permit is a critical step for foreign nationals seeking to transition from temporary resident status to Canadian permanent residence. Understanding the eligibility criteria, application process, and documentation requirements for a BOWP can help ensure a smooth and uninterrupted path to permanent residency.

If you have a pending permanent residence application and your current work permit is set to expire, it is important to apply for a BOWP as soon as you are eligible. You can apply online through the Immigration, Refugees and Citizenship Canada (IRCC) portal, making sure to include all completed application forms, proof of payment for the processing fee, and your receipt letter confirming your permanent residence application.

By following these steps and providing all necessary supporting documents, you can maintain your temporary resident status and continue working in Canada while your application is processed. For added peace of mind, consider consulting with an immigration expert to ensure your application is complete and meets all eligibility criteria, bringing you one step closer to achieving Canadian permanent residence.

The Way Immigration, as the immigration consultant in Alberta , has successfully obtained Bridging Open Work Permits for thousands of clients since 2008. Contact the top immigration consultants in Calgary to ensure that your application for Permanent Residence goes smoothly, and that you and your family are able to continue living and working in Canada while you wait for PR.

Everything You Need to Know About Open Work Permits in Canada

Mon, 19 Aug 2024 08:58:54 GMT

What Is an Open Work Permit in Canada?

Most foreign nationals need a Canadian work permit to work in Canada. A Canadian work permit is a legal document that provides you with valid temporary resident status and legal authorization to work. Canada issues about half a million work permits to foreign workers annually, including both open and employer-specific permits.

An Open Work Permit (OWP) allows foreign nationals to work in Canada for any employer, and in most occupations, without requiring a specific job offer at the time of application. Unlike employer-specific work permits (closed work permits), which are tied to a specific employer and require a valid job offer, OWPs provide greater flexibility, allowing you to change jobs or work in multiple different jobs if you want to. This type of work permit is particularly beneficial for those seeking employment opportunities across different regions or sectors.

However, it's important to note that while an OWP allows you to work for any employer, there are still some restrictions. For instance, you cannot work for an employer who is ineligible due to non-compliance with Canadian regulations, or engage in work in the sex trade. There will also be occupation specific restrictions applied to most OWPs, so you are restricted from working in health care, education or agriculture unless you have taken an immigration medical exam.

Open work permits are also not available to anyone who simply wants one. Can you imagine if anyone in the world could just apply for an open work permit in Canada because they wanted to work in Canada? There would be far more people coming than Canada could accommodate. So while it is possible to obtain one, it's important to remember that they are available to individuals in specific instances only.

Eligibility Requirements for an Open Work Permit Canada

The eligibility requirements vary depending on your specific circumstances. Below are general eligibility criteria you must meet.

Qualify for the Open Work Permit:

You must qualify for the open work permit. There are only specific instances when an individual will qualify - more details on that are listed below.

Intent to Leave:

You must prove to an immigration officer that you will follow conditions set out in your permit and leave Canada when your permit expires.

Financial Sufficiency:

You must show that you have enough money to support yourself and your family members during your stay in Canada and to return home.

Legal Compliance:

You must obey the law and have no record of criminal activity. You may be required to provide a police clearance certificate. Applicants must have no criminal record to qualify for an Open Work Permit.

Security:

You must not be a danger to Canada’s security.

Health:

You must be in good health and undergo a medical exam if required.

Employer Restrictions:

You must not plan to work for an employer listed as “ineligible” on the list of non-compliant employers or in the sex trade.

Additional Documentation:

You must provide any other documents requested by the officer to prove your eligibility to enter Canada.

Eligibility requirements can vary depending on the specific type of OWP you're applying for, so it's crucial to understand the requirements for your particular situation.

Types of Open Canadian Work Permits

Canada offers two primary types of Open Work Permits, each with specific conditions and restrictions:

Unrestricted Open Work Permit:

Allows the holder to work for any employer, in any location, and in any occupation.

Is issued to eligible applicants who have passed an immigration medical examination to prove that they don't have a medical condition that is a danger to the public.

Restricted Open Work Permit:

May limit the occupation or location where the holder can work.

Typically issued to applicants who have not taken a medical, or who have location specific restrictions like Provincial Nominees who are waiting for their Permanent Residence application to be processed.

What are the requirements for Open Work Permit?

Canada offers various types of Open Work Permits, each with unique eligibility criteria:

Open Work Permit for Spouses or Common-Law Partners of Students:

Available to spouses or common-law partners of full-time students, including:

Full-time students in graduate programs (master’s and doctorate).
Full-time students participating in eligible pilot programs administered by a province or territory.
Full-time students in professional degree programs at a university (e.g., medicine, dentistry, law).
Spouses or common-law partners extending their work permit based on being the spouse of a full-time student eligible for a Post-Graduation Work Permit (PGWP).

Post-Graduation Work Permit (PGWP):

Post-Graduate Work Permits (PGWP) are issued after an international student completes a program at a designated learning institution.

To be eligible, the international student must have:

Not previously held a PGWP.
Had a valid study permit within 180 days before applying for a PGWP.
Graduated from an eligible Designated Learning Institution (DLI) and designated program that was at least 8 months long and obtained a degree, diploma, or certificate.
Maintained full-time student status during their program, with exceptions for specific circumstances.
Received confirmation of program completion from the DLI, such as a transcript or official letter.
Applied for the PGWP within 180 days of receiving confirmation of completion.

Bridging Open Work Permit (BOWP):

For individuals who have applied for permanent residence and have received their Acknowledgment of Receipt (AOR) or Approved in Principle (AIP) and need to maintain their legal status while awaiting a decision on their permanent residency application.

To be eligible for a Bridging Open Work Permit, applicants must have applied for permanent residency under certain immigration programs. More details about who is eligible for a Bridging Open Work permit can be found in a separate post.

International Experience Canada (IEC):

Participants in the International Experience Canada (IEC) program can obtain an Open Work Permit under the Working Holiday category.

The IEC allows young people from participating countries to work and travel in Canada. More details about the IEC program and Working Holiday visas can be found in a separate post.

Open Work Permit for Family Members of High-Skilled Workers:

Spouses or common-law partners of foreign nationals working in high-skilled occupations (TEER 0 or 1) or select TEER 2 or 3 occupations may be eligible for an Open Work Permit under the International Mobility Program (IMP). The select TEER 2 or 3 occupations include sectors with labour shortages or those aligned with government priorities—such as health care, natural and applied sciences, construction, education, sports, and the military. The principal worker must hold a valid work permit with at least 16 months of validity remaining, or provisional approval for the work permit if the family member isn’t applying at the same time. Dependent children are no longer eligible for an OWP.

Open Work Permit for Family Members of Low-Skilled Workers:

No longer eligible: As of January 21, 2025, spouses, common-law partners, and dependent children of foreign nationals working in low-skilled occupations (TEER 4 or 5) under the IMP are no longer eligible for Open Work Permits.

Spouse or Common-Law Partner of Permanent Residents (SCLPC) and Family Class Applicants:

Foreign spouses or common-law partners being sponsored for Permanent Residence under the SCLPC category may still apply for an Open Work Permit once the PR sponsorship file has received an Acknowledgment of Receipt (AOR), provided they are residing in Canada with their sponsor. Dependent children are no longer eligible for OWPs in this category. More details about open work permit for sponsored spouses can be found in a separate post.

Open Work Permits for Vulnerable Workers:

For migrant workers in Canada with employer-specific work permits who are experiencing or at risk of abuse in their employment. The Vulnerable Open Work Permit allows them to leave abusive work situations and find new employment without requiring a Labour Market Impact Assessment (LMIA) . It is intended to protect workers from further exploitation and support their transition to safer employment environments. Dependent family members of these principal applicants may also be eligible for OWPs under specific conditions.

Humanitarian and Compassionate Open Work Permit:

Open work permits may be issued as a temporary measure to individuals in vulnerable or exceptional situations based on humanitarian grounds , such as:

Destitute study permit holders who are temporarily unable to support themselves due to circumstances beyond their control
Temporary Resident Permit holders , for the duration of the TRP
Protected persons , including Convention refugees or individuals who have received a positive decision on their refugee claim but are awaiting permanent residence processing

These permits are intended to prevent undue hardship and support individuals as they transition to more stable situations in Canada.

How to Apply for an Open Work Permit in Canada

Determine Your Eligibility

Before applying, confirm that you meet the eligibility criteria for the type of Open Work Permit as the principal applicant. For most OWPs, a job offer is not required, but each category of permit has it's own specific evidence that is required to demonstrate your eligibility.

Gather the Required Documents

Collect the following documents:

A valid passport.
Recent passport size photograph
Proof of status in Canada, if applicable.
Supporting documents such as a graduation certificate, marriage certificate, proof of relationship, proof of sufficient funds, proof of hardship, etc. The necessary documents will vary depending on the category of OWP you are applying for.

Apply Online - Complete the Application Form and pay the Fees

Most open work permit applications must be applied online through your IRCC account. The application procedure includes: create or log into your account, fill out the application form, upload your documents, and pay the work permit processing fees. Make sure all your documents are complete and meet the format and size requirements listed on the IRCC website.

If you're applying from within Canada, select “Apply for a work permit from inside Canada (IMM 5710)” when prompted. Once submitted, you’ll receive updates and messages about your application through your online account.

The latest fee for an open work permit in Canada is $255, which includes a $155 work permit processing fee and a $100 open work permit holder fee.

Apply at a Canadian Port of Entry (COE / POE)

Important update: As of December 23, 2024 at 11:59 PM ET , the Canadian government has ended the flagpoling option for most temporary residents. Applicants may no longer exit to the U.S. or St. Pierre and Miquelon and return to seek permit approval at the border. All applications must now be submitted online through Immigration and Citizenship Canada unless you qualify for one of the limited exemptions below:

You are a U.S. citizen or permanent resident
You are applying under a Free Trade agreement (or their spouses/common‑law partners)
You are an International truck driver (under certain conditions)
You already have a scheduled CBSA appointment for permit processing

If you're not exempt, you'll need to apply online and be prepared to wait for processing — which can take several months.

Wait for Processing

Processing times vary based on factors such as the volume of applications and the applicant's location. Typically, processing times for applications submitted from within Canada are between 3-5 months. Processing times for applications that are submitted overseas will vary depending on which visa post is handling the file.

How Many Years is an Open Work Permit in Canada?

The validity of an open work permit depends on the category you are eligible for. Some of the most common types of open work permits and their validity are:

Open work permit for spouse or common law partner of student, or worker - validity will match your spouse or common law partner's permit
Bridging Open work permit - validity is normally two years for the first permit, and extensions of one year are possible if your application for Permanent Residence takes longer to process
IEC or Working Holiday permit - validity is between 6 months to 2 years, depending on your country of origin
Sponsored Spouse or Common Law Partner open work permit - validity is for 2 years
Vulnerable Open Work Permit - validity is for 1 year

Do I need an LMIA for an Open Work Permit as a Foreign National?

Many work permits require a Labour Market Impact Assessment (LMIA) to be obtained by the employer before providing the foreign national with a job offer. These temporary work permits are closed work permits, tied to a specific employer and require a valid job offer in a specific national occupational classification (NOC).

However, an LMIA is not required for an open work permit. An open work permit has none of these details included, and allows you to work in Canada for almost any employer.

Can I get PR with Open Work Permit in Canada as a Foreign Worker?

An OWP does not grant you permanent resident status automatically. However, it is possible to apply to become a permanent resident with an open work permit, if you are otherwise eligible. Skilled work experience gained with an OWP counts towards Canadian work experience for Express Entry (for the Federal Skilled Worker Program, Canadian Experience Class and Federal Skilled Trades Program), as long as you are not using the OWP to be self-employed. However, it's important to note that some Provincial Nominee Programs do not accept applicants with certain types of OWPs.

Can I open a business with Open Work Permit inside Canada?

Yes, if you have an open work permit, you can open a business and become self-employed. However, it is important to keep in mind that self-employment often hurts your chances to apply for Permanent Residence. Self-employed work experience does not count for Canadian work experience under Express Entry, and is not eligible for most Provincial Nominee programs .

What is the difference between Work Permit and Open Work Permit in Canada?

A standard Canadian work permit usually contains details regarding the employer, job and location that the holder is authorized to work in. Typically a Canadian employer has made a job offer to a foreign national, and obtained permission from the Canadian government to hire the foreign worker. The fee for processing a closed work permit application is typically lower than for open work permits.

An OWP usually does not restrict the holder to any specific employer, job title, or location. An OWP provides greater flexibility to allow the foreign national to change jobs while they work in Canada. The Canadian employer does not need to obtain any permission in advance to hire a foreign worker with an OWP.

Open Work Permit Canada

An Open Work Permit is a versatile option for many foreign nationals aiming to work in Canada. With the ability to work for any employer and the flexibility to switch jobs, an OWP can be a significant step in advancing your career in Canada, eventually obtaining Permanent Residence, and then becoming a Canadian citizen. By understanding the eligibility requirements, application process, and available types of open work permits, you can navigate the process effectively. Whether you're a spouse of a Canadian citizen, an international student, or a temporary foreign worker, an Open Work Permit can provide you with the opportunity to build a terrific future in Canada.

At The Way Immigration, we have been helping our clients obtain work permits for Canada immigration Calgary since 2008. Contact the best immigration lawyer in Calgary to ensure Canadian immigration success for you and your family.

When Can I Apply for Canadian Citizenship?

Sat, 20 Jul 2024 15:57:16 GMT

Canada requires that any adult who wants to apply for Canadian Citizenship must first live in Canada for a specified period of time before they are eligible to apply for Canadian Citizenship. Although there are other Canadian Citizenship Eligibility criteria in addition to time spent in Canada, this post will mainly address the question of “How long do I have to wait until I can apply for Canadian Citizenship?"

There are essentially three categories of people who can apply for Canadian Citizenship, and the timeframe for eligibility for citizenship will be different for each. These are: (1) Permanent Residents (2) minor children of Permanent Residents and (3) members of the Canadian military.

If you qualify to become a Canadian Citizen, you can apply online or in paper to Immigration, Refugees and Citizenship Canada (IRCC) and the processing time can take several months to two years. Any errors with the application or lack of evidence will cause delays or a returned package. So, once you are eligible, the next step is to ensure your forms and supporting documentation are prepared properly to obtain your citizenship without further delay.

How long after PR can you apply for Citizenship?

One of the most common questions we receive once our clients have successfully achieved Permanent Resident status is “How long before can I apply for Canadian Citizenship?” Although the standard citizenship requirement is that applicants must be physically present in Canada for 3 years within the 5 year period immediately before applying for citizenship, the actual timeline before a given person qualifies will vary for each Canadian permanent resident. Each person has individual factors that make their situation unique.

First, an important note about eligibility and timing when applying for Canadian Citizenship. You have to be eligible for Canadian Citizenship on the day you sign your application . That is the day you are considered to be applying for citizenship, even though it may be after that when you actually submit your application to IRCC. The relevant period is five years ending on the day you sign your citizenship application; that is the period during which you need to accumulate your 1,095 days.

For example: If you sign on July 7, 2024, the relevant period would be July 7, 2019 to July 6, 2024.

You should also wait at least a few days over 1,095 before signing your Citizenship application in case of any calculation errors that you may have made with your travel in and out of Canada.

How many days from PR to Citizenship?

The days you can count towards your citizenship eligibility will depend on whether you were physically present in Canada with valid status before becoming a Permanent Resident.

For most applicants who apply for permanent residence from abroad, you will need to provide proof of at least 3 years of living in Canada after arriving as a Permanent Resident to qualify for Citizenship . The time does not need to be continuous - just a total of 1,095 days in the last five years.

If you were already living in Canada as a visitor, international student or foreign worker before you became a Permanent Resident, you can get credit for some of that time. You are able to count 50% of the days spent in Canada with valid temporary resident status (visitor, worker, student) that fall within the 5-year period immediately before signing your Citizenship application. However, the maximum credit you can claim while on temporary status is 12 months. Therefore, even if you lived in Canada for more than 2 years as a temporary resident, you will be credited with 12 months of physical presence.

This means the soonest anyone is eligible for Citizenship would be two years after becoming a PR. This would be a temporary resident who transitioned to permanent residence while living in Canada and did not leave Canada for even one day in the past 4 years immediately before they apply for citizenship. They would qualify using the following calculation:

Number of days in Canada as a temp resident divided by two + number of days in Canada as a PR = 1,095 days.

Of course, all days outside Canada in the 5-year period must be deducted.

Minor children of Canadian Permanent Residents

Sometimes a family will attain Permanent Resident status in Canada and only some family members settle in Canada while others remain overseas to finish up work or study obligations. A common question in this scenario is: “Does a child need to meet the three-year minimum residency requirement to be eligible for Canadian Citizenship if they are applying with their parent?”

The answer depends on the child's age. Children over 18 who apply for citizenship need the 1,095 days physical presence as above. Minor children who are under age 18 at time of their parent's application do not need to meet the Canadian residency requirement for Citizenship as long as one of the following conditions applies:

they are applying for Canadian Citizenship at the same time as one of their parents, or
one of their parents is already a Canadian citizen.

Although the minor child needs to have Permanent Residence status when their application for Canadian Citizenship is submitted, they do not need to be physically present inside Canada for any specific length of time.

Canadian Armed Forces Citizenship

Permanent Residents and Foreign Nationals serving with the Canadian Armed Forces are eligible to apply for Citizenship through a fast track program after serving for a 3-year period of time (1,095 days) within a 6-year period. Note that physical presence inside Canada is not required, as the eligibility rests upon the amount of time you have served with the Canadian Armed Forces. These applications are processed on a priority basis and normally take much less time to finalize than a regular Citizenship application.

Can I get Canadian Citizenship without first getting PR status?

Most applicants need to qualify on the basis of obtaining Permanent Resident status first, and then apply for Citizenship after living in Canada. The limited exceptions to this rule are for foreign military members who are serving within the Canadian Armed Forces as above.

The second category is children born abroad to Canadian parents who are already considered to be Canadian citizens at birth, and just need to apply for proof of Canadian Citizenship . For many years, children born outside of Canada to Canadian parents after 2009 were not guaranteed to receive Canadian Citizenship, however; in 2024 Immigration, Refugees and Citizenship Canada started working to revise the rules regarding those born outside of Canada. If both you and your Canadian parent were born outside of Canada, you would benefit from professional guidance to determine whether or not you are actually entitled to Canadian citizenship.

Can I get Canadian Citizenship without living in Canada?

There are very limited exceptions as to who can obtain Canadian Citizenship without living in Canada first – foreign military members who serve with the Canadian Armed Forces and children who are born abroad to Canadian parents. Neither of these categories of people not need to meet the physical presence requirements to obtain Canadian Citizenship. Anyone else does need to spend time in Canada if they wish to become a Canadian citizen.

Keeping track of time in Canada (physical presence)

It’s important for anyone intending to apply for Canadian citizenship in future to keep track of all travel to and from Canada. As part of the application for Canadian Citizenship, you will be required to provide the dates of any time spent outside of Canada within the five year period immediately before you apply.

If you spend any portion of the day (even an hour) with your feet on the ground in Canada, it counts as a day of physical presence. So travel days count - both the day of travel out of Canada and the day of travel back.

Do I have to apply for Canadian Citizenship as soon as I become eligible?

No, there is no requirement to submit a Canadian Citizenship application as soon as you are eligible, or anytime really. You can remain a Permanent Resident forever if you wish. As long as you continue to meet the PR residency requirement of 2 years inside Canada within every 5-year period, you can keep your PR status indefinitely.

However, it is usually a good idea to apply for Canadian Citizenship when you are eligible because Citizenship gives you many benefits that Permanent Residence does not, including the ability to stop keeping records of your travels. Once you have your Canadian passport, there is no longer any physical presence requirement and you can live anywhere in the world and still retain your Canadian citizenship.

Citizenship status is also more secure. A Permanent Resident may be deported for serious trouble with the law, whereas a Canadian citizen cannot be. Deportation as a Permanent Resident can even happen to people who are generally law abiding. The most common example is causing a serious car accident. This type of conviction can lead to being removed from Canada.

By the way, Canada has no issue with dual citizenship, so you can maintain status in your own country as well if you wish - although you might want to confirm the dual citizenship rules of your country of origin to see if they allow the same thing.

What are the 3 requirements to become a Canadian Citizen?

Counting the days is not the only consideration when planning for a Canadian Citizenship application, it is just the one that causes the most confusion. Other factors that must be addressed as well by adult applicants include the need to:

File income tax returns for at least 3 years within the 5-year period (not applicable to foreign military)
Demonstrate language skills for speaking and listening in either English or French equivalent to Canadian Language Benchmarks CLB 4 or higher
Pass a Canadian Citizenship test to demonstrate adequate knowledge of Canadian history and institutions, as well as the rights and responsibilities of citizenship

Experience counts!

Our immigration consultant Alberta team at The Way Immigration has over 16 years of experience in assisting people to become Canadian Citizens. We have dealt with many different scenarios, including foreign military applications for Citizenship and difficult cases where historical documents have been lost. Are you eligible for Canadian Citizenship? Contact our immigration Calgary office today to ensure that your application for Citizenship is approved in the quickest timeframe possible.

How to Move to Canada for Americans

Sat, 20 Jul 2024 02:04:00 GMT

Canada is a beautiful country that has a lot to offer from its sparkling lakes, vibrant peaks and vast woodlands to its economic strength, safe environment, and multicultural atmosphere.

If you are currently exploring the option of moving to Canada from the USA, there are many immigration avenues available.

It is not always a simple matter for an American to move to Canada. If you're wanting to start a new journey for permanent residence and perhaps eventual citizenship in Canada, our friendly and trusted team of experts is here to help make that happen. Please keep reading to find the immigration option that best fits your situation and don’t hesitate to book a consultation with our experienced team. With 16+ years in the Canadian immigration business and thousands of successful clients, you can relax and let our experts handle this transition for you.

In this article, we break down some of the major immigration options for American citizens who want to move to Canada. Although each specific situation will need personalized advice, we discuss the general categories that can be used as a starting point to answer the question – “I’m American – how can I move to Canada?”

Can a US Citizen just move to Canada?

American citizens who are hoping to move to Canada are often surprised to learn that it’s not guaranteed to be a quick or easy process. The requirements for immigration to Canada are quite high for all foreign nationals, even for US Citizens. The reality is that all non-Canadians are subject to the same rules for immigration; there is no special pathway or loosening of the categories for Americans seeking permanent residence.

Here are the scenarios where you are most likely to be successful in moving to Canada permanently:

You have a job offer to work for a company based in Canada
You qualify from the Express Entry pool , meaning you most likely:
are less than 30 years old
have advanced degrees
have at least 3 years work experience
You are married to a Canadian Citizen
You have at least one parent who was a Canadian Citizen
You are planning to attend post-secondary studies in Canada

Let’s expand on each of these scenarios a bit, so that you understand the options available to you.

Can I legally work in Canada as a US Citizen?

If you have a valid job offer for a Canadian-based company, you have a few options for moving to Canada from US. The fastest route will likely be to apply for a temporary work permit , which allows you to start your new job as soon as possible and then sort out your options for permanent residency later once you have started your new job. In the meantime, you are living in Canada temporarily with a long term plan, and your spouse and children should be able to accompany you if you are a skilled worker.

In most cases, an American citizen who is eligible for a work permit for Canada can apply at a Canadian border to enter Canada as a worker, assuming they can prove they meet the criteria for the category of work permit being applied for. After working in Canada for at least one year, Temporary foreign workers can also earn points for Canadian work experience that help qualify for permanent residence under Express Entry.

Types of work permits

A work permit for an American could be one of the following:

An LMIA-based work permit - this path using the Labor Market Impact Assessment requires the employer to show there are no Canadians or permanent residents available for the job
An LMIA-exempt work permit : - of which there are several types:

based on the USMCA free-trade agreement
as an intercompany transferee transferred to Canada from the US branch of the company
as a Provincial Nominee (meeting a program of a particular province)
as a young person with an International Exchange (IEC) work permit
as a high tech worker under the start-up visa program, or
your work in Canada will bring significant benefit to Canada.

Immigrating through Express Entry

Express Entry is the pathway that most foreign nationals wishing to immigrate to Canada will need to qualify under. In order to be granted permanent residence through Express Entry, you will require a majority of the following criteria:

are less than 30 years old
have advanced education (2 or more post-secondary degrees, Masters or PhD)
are a skilled worker with at least 3 years employment history
have very high language ability in English or French, or both

If you are successful in meeting the eligibility requirements for the Express Entry system, you can expect that your application for Canadian Permanent Residence will take between 5-9 months to process. Once approved, you can move to any province of Canada (except Quebec as Quebec has its own programs) and start working or studying without restriction.

If you do have French skills, it may be worth knowing Quebec is not the only French speaking province in Canada. The Express Entry system awards extra points if you have French language ability and wish to settle outside Quebec.

US Citizen married to a Canadian Citizen?

If you are a US Citizen who is married to a Canadian, there are options for your Canadian spouse or common-law partner to sponsor you for Permanent Residence in Canada. Note that Canada does not have any option to sponsor a fiance. You must either be legally married or meet the definition of common-law partners – meaning you have lived together in a marriage-like relationship for a minimum of 12 months.

A spouse or common law partner sponsorship is likely to take 6-9 months from start to finish. Once your application is approved, then both of you will be able to move to Canada and the US Citizen will be allowed to work, study and travel freely.

American with one Canadian parent

If you are an American citizen with one Canadian parent, and were born before 2009, there is a good chance you actually have Canadian citizenship yourself and you just need to apply for proof of your status. Once you receive proof (called a Certificate of Citizenship) that you have been Canadian your entire life, you are eligible to sponsor your immediate family members to immigrate to Canada – including your spouse or common law partner plus any children who are under the age of 22 and still single. This entire process might take a couple of years, so you need to plan ahead for your move to Canada.

Other family ties in Canada

Having other relatives in Canada can sometimes provide a path to permanent residence for some people, although quite rarely. Some provincial programs give points for close relatives, among multiple other criteria. There is a family sponsorship program for parents and grandparents — if you have an adult child or grandchild living in Canada as a Canadian citizen or permanent resident, they can enter the sponsorship lottery held each year, and if selected to sponsor, they can sponsor you to obtain permanent residence in Canada.

If you have adult children or grandchildren who are living in Canada as Canadian citizens or permanent residents, long term visitor status is possible under the Super Visa program . Parents and grandparents can move to Canada for longer periods, up to five years, with possible extensions, although their status remains as a visitor.

Family sponsorship is not possible by other Canadian relatives, such as your siblings, unless that Canadian family member has no spouse or partner, no children, and no other relatives living in Canada.

Studying in Canada

It is possible for Americans to study in Canada as temporary residents. Studying for at least one year (ideally you should study for two years minimum) and obtaining a Canadian post-secondary credential can open up options for the graduate to remain on a more permanent basis, eventually acquiring Canadian permanent residence.

In order to apply for a study permit to Canada, you must first have a letter of acceptance from a Canadian University or College, a letter from the Province, and enough funds to prove to the Canadian government that you can support yourself as a student in Canada. Study permit holders can work part-time while studying in Canada; and can gain an open work permit after graduation.

Both a Canadian education credential plus relevant experience with a Canadian employer can help a US Citizen to qualify for Permanent Residence, if the process is managed properly from the start. These are assets both for federal Express Entry points as well as provincial immigration programs that target international students.

Several of Canada's provinces operate provincial nominee programs designed to retain international students who have studied in the province and wish to stay after graduation and become Canadian permanent residents.

Canadians who have lived in the United States for most of their lives

Because of the close relationship between the US and Canada, there are many Canadian Citizens who have married Americans and have lived in the United States for their entire adult lives. If this is your situation and you now want to move your family to Canada, you will need to sort out the Citizenship status of any of your children, as it’s possible, depending on dates and locations of birth, that your children may also be Canadian. You will be able to sponsor your spouse or common law partner for permanent residence in Canada, as well as any children who aren’t already Canadian.

Retiring to Canada

Although senior citizens can immigrate to Canada, most Canadian immigration programs are looking for people under the age of 30 or those who have a full-time job offer in Canada. The options for US Citizens of retirement age to immigrate to Canada are very limited.

For example, self-employment is not usually an option because any programs based on self-employment tend to have very restrictive criteria, and many Americans at the retirement stage (or citizens from any country for that matter) would simply not meet them. It is fair to say that neither the federal economic immigration programs or the PNP programs operated by the various provinces are seeking to attract retirees as Permanent Residents.

If your hope is still to retire in Canada, then your most likely option will be spending time in Canada as a visitor – which means you will have to pay for private health insurance as you won’t have access to publicly funded health care. A US Citizen can normally stay in Canada for a maximum of 6 months per entry as a visitor, although it is possible to make an application to extend your stay past the 6 months point if needed. Canada allows much longer visits under the "Super Visa" program for US Citizens visiting children or grandchildren who are already Canadian citizens or permanent residents.

You cannot work as a visitor and you will need to continually apply to extend your visitor status before it expires or leave the country and enter Canada again.

Inadmissibility checks

One of the many requirements for those seeking to immigrate to Canada are background checks to ensure no previous criminal record or significant medical issues that would cost the Canadian health care sector a lot more than average. All applicants for Permanent Residence in Canada, even Americans, must pass medical, criminal and security checks.

Canadian dual citizenship

Canada does not prohibit its citizens from having dual citizenship , and there are many thousands of people who hold dual Canadian-American citizenship. If you are one of these fortunate folks, then your move from the US to Canada will be an easy one, as you just need your Canadian passport and you are ready to go. You can settle in any Canadian province of your choosing.

Wait, I don’t fit into any of these categories

If you don’t fit into any of the above categories but still want to move to Canada from the USA, it can be possible to create an opportunity for yourself to obtain Canadian permanent residence, depending on your unique situation. Canada has immigration programs available for professional athletes and artists, for investors who want to start a business, and for others whose presence in Canada will benefit the nation. But the reality is that business immigration opportunities are very narrow indeed.

In all instances, it’s a good idea to speak with a professional so that you have a clear understanding of the options available to you and the requirements under any immigration program that you might be eligible for. Moving from one country to another is a huge undertaking, and you will save yourself time, money and hassle by having an expert involved with your planning process.

The Way Immigration assists dozens of American citizens and their families to move to Canada each year, through numerous different immigration to Alberta pathways. We would be happy to work with you on an immigration strategy that will enable you start creating your new life in Canada as soon as practicable. Contact our immigration consultant calgary office to schedule a immigration services calgary consultation and discover quickly what options are available for you to move to Canada from the USA.

Want to know what life in Canada is really like? Check out ' Is Canada a Good Place to Live? 17 Expert-Backed Pros, Cons, and Surprises ' on the Redfin blog.

New Alberta PNP Fees

fran@thewayimmigration.ca (Fran Wipf) — Thu, 09 May 2024 10:24:29 GMT

On April 1, 2024, Alberta increased the processing and other administrative fees for the Alberta Advantage Immigration Program (AAIP) , the provincial nominee program in Alberta.

The processing fees are paid by the applicant when submitting an application for provincial nomination, and are intended to cover operational costs incurred by the provincial government. The AAIP fees are paid per application, not per family member. As a processing fee, it will not be refunded if the candidate's application to Alberta is refused. Successful applicants who are issued a Provincial Nomination Certificate from Alberta are then able to apply for permanent residence through Immigration, Refugees and Citizenship Canada (IRCC). They will need to pay the federal government fees charged by IRCC when they submit the federal part of their PR application.

Fee increases in specific streams of AIPP

The most popular AAIP programs have seen a fee increase from $500 to $840. This includes most of the streams that are utilized by workers in Alberta, including :

The Alberta business stream application fees will remain at $3500 per application.

There is a new fee of $200 now payable when submitting an Express of Interest for any of the three entrepreneur streams – the Graduate Entrepreneur Stream, Foreign Graduate Entrepreneur Stream and the Rural Entrepreneur Stream.

Other administrative fees

There are also several different types of administrative processes or requests a candidate may make after nomination by Alberta, apart from the standard application process. The fees for these services have increased from $100 to $150, including:

Request to extend Nomination Certificate
Request for a 204(c) or 205(a) work permit support letter
Request for Business Performance Agreement changes

In addition, if you contact AAIP with a formal request for reconsideration of a refused AAIP application, that will now cost $250.

Put our experience to work for you!

The Way Immigration is based in Calgary, Alberta, Canada and we work regularly with the Alberta provincial nominee program. We are very familiar with each of the immigration streams offered by Alberta, as well as the eligibility requirements, processing times, qualifying job offers and what AAIP expects to see in a complete application package in a given stream.

International graduates
Candidates with a federal Express Entry profile and ties to Alberta
Workers with a job offer from an Alberta employer
Employers of skilled workers or semi-skilled workers wanting to nominate them for permanent residency
Entrepreneurs interested in rural business opportunities
Experienced farmers

The Way Immigration is based in Calgary, Alberta, Canada and we work regularly with the Alberta PNP program. We are the best immigration consultant in Calgary . Contact our office today to discover how you can immigrate to Alberta as an Alberta Provincial Nominee.

Proof of Settlement Funds for Express Entry

Mon, 06 May 2024 09:18:00 GMT

Proof of settlement funds will be required for some applicants for permanent residence in Canada, to ensure the applicant has enough money to cover essential living expenses before finding employment. However, not all Express Entry candidates need to show proof of funds - see below for whether you need this.

If you do need to show proof of funds, the amount of money needed will depend on your family size (principal applicant plus spouse or partner and dependent children). The table below shows the minimum amount of funds required to immigrate to Canada as a permanent resident as of May 6, 2024, and is adjusted yearly:

Who does not need proof of funds for Express Entry?

Applicants who are eligible under the Canadian Experience Class (CEC) do not need to demonstrate proof of funds. If you are applying for permanent residence under this category, and receive the automated field to upload proof of funds, you can upload a note instead, stating that CEC applicants do not need to show funds.

Applicants who qualify under the Federal Skilled Worker Program or Federal Skilled Trades Program and who are not already working in Canada will likely need to provide proof of funds.

An exception is that applicants eligible under these two programs who are already working in Canada will not need to provide proof of funds if both conditions below apply at the time of invitation, the time of application and when IRCC approves the application:

you are working legally in Canada
you have a valid job offer

Do PNP applicants need proof of funds?

In some cases, PNP applicants will need to show proof of funds, such as when the candidate is applying under a provincial Express Entry stream. These candidates must first have an Express Entry profile in the federal pool - they must qualify to enter the pool, but may not have the CRS points to receive a federal invitation, and are seeking the 600 points for a provincial nomination.

Such a candidate must be eligible under either the Canadian Experience Class, Federal Skilled Worker Class or the Federal Skilled Trades Class. The class that makes you eligible will determine if settlement funds must be shown, and you follow the same rules for Express Entry generally. As above, CEC applicants are exempt, but those eligible under the other two programs will need to provide proof of funds only if they are not working legally in Canada, with a valid job offer, at the relevant times.

How do I prove the funds?

Applicants needing to prove funds are required to obtain an official letter from one or more financial institutions listing all current bank and investment accounts, as well as all outstanding debts like credit cards or loans.

IRCC provides specific instructions regarding the bank letter needed. This letter is considered one of the necessary supporting documents on the application and must:

be printed on the financial institution’s letterhead
include the financial institution's contact information (address, telephone number and email)
contain the applicant’s name, and
give account numbers pertaining to the applicant with the opening date for each account, the average balance for the past six months and the current balance as of the date of the letter.

Can I submit bank statements as proof of funds?

Applicants often ask us whether they can submit six months worth of bank statements with their Express Entry application to show the required settlement funds, in lieu of obtaining a formal letter from their bank.

This is not a recommended strategy because IRCC has, on occasion, returned applications as incomplete when bank statements alone were submitted instead of the requested letter. Federal Court has ruled in favor of IRCC when this has occurred. This means that the officer may insist on the bank letter as the only acceptable proof and if they return your application as incomplete, you have no recourse. You can only hope to receive a new invitation and meet the proof of funds requirement next time. Of course, there is no guarantee another invitation will be issued, so it is risky to simply upload bank statements instead of official letters.

We are aware that many applicants have been successful with uploading bank statements instead of official letters. The issue is not whether someone else has done it successfully. The issue is who would be considered correct if an immigration officer decided to reject the application as incomplete. In this scenario, IRCC would be correct, so it is better not to take that chance.

What if my bank will not issue a letter with the information required? or Express Entry?

It’s quite common that a financial institution will not issue a letter that meets the Canadian immigration requirements. In this situation, you need to write a brief explanation that advises IRCC that your bank has declined to provide a letter that contains the details requested. Include whatever letter or statement the bank was willing to provide, and compile as much other evidence as possible to show you meet the settlement funds requirement (including your bank statements).

The fact that you have attempted to comply with IRCC’s requirements and could not, through no fault of your own, provides a more secure foundation to challenge any later rejection for this reason.

Ensure that you have actually requested the letter from the financial institution stating the details needed, and include that correspondence. Never tell IRCC you have made the request when you have not - that would be considered misrepresentation.

Is proof of funds the same as a net worth statement?

No. Although IRCC requests information about your assets and debts, the actual Regulation states:

R76(1)(b) the skilled worker must

(i) have in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to one half of the minimum necessary income applicable in respect of the group of persons consisting of the skilled worker and their family members

This requires proof of unencumbered funds, typically defined as: funds that are not pledged as collateral to cover any outstanding debts.

Therefore, the issue is not your net worth, but whether you have enough unencumbered funds to meet the minimum threshold. You can have existing debts like student loans, credit card debts or a mortgage and still meet the requirement for settlement funds

As a practical example, consider that Canada’s Express Entry system gives the most points to applicants who are under the age of 30 with a Master’s or PhD level of education – it would stand to reason that those are the very folks who are most likely to have student loan debt. It makes no sense to both target highly educated young people, and exclude them from the same program.

IRCC officers sometimes confuse this, and some applicants have received procedural fairness letters because they have debt and the IRCC officer took the position that the applicant did not prove the funds necessary for the application. Contact our office if you find yourself in this situation, as it is possible to have your application approved with a fulsome response that explains the requirement to the officer, and demonstrates how you have sufficient unencumbered funds even if you have other debt.

When do I show proof of funds for Express Entry?

The funds must be accessible and available to you at the time you submit the e-APR and at the date you become landed as a Permanent Resident, whether through the online portal or arriving at a port of entry from outside Canada.

Do settlement funds need to be in Canadian currency or a Canadian bank account?

The funds must be liquid and in your name (or the name of your spouse or common-law partner) but do not need to be in Canada.

A word of caution about exchange rates if your funds are not in Canadian dollars. If you are close to the minimum threshold, ensure that you monitor exchange rates in between the time you submit your e-APR and when you are about to become landed. The value of your funds may have decreased with currency fluctuations, and if that happens, the officer may find you no longer meet the requirement. You may want to prove some excess funds from the outset to prevent this happening.

Can I borrow money for the settlement funds?

The liquid funds must belong to the applicant (or their spouse or common-law partner). They cannot be borrowed from someone else with the expectation that they will be repaid at a later date. The funds can, however, be a gift from a parent or other close friend or relative. As long as the funds have been freely gifted to the applicant and there is no expectation that they will be repaid in the future, they are acceptable as settlement funds for Canada Immigration.

Changes to family composition during processing

Changes to your family composition while your application is in process affects the level of settlement funds you will need to prove. A new spouse or common-law partner, or additional dependent child, will increase the settlement funds needed proportionately. [Your application also needs to be amended to include them].

In this case, you can add your spouse or common-law partner’s savings to your own, and also use your joint account to meet the settlement funds requirement.

Can I use real estate, stocks or retirement plans as proof of settlement funds?

The settlement funds must be liquid and available to you at the time you submit your e-APR as well as when you are landed as a permanent resident. Real estate assets, vehicles, fine art or an investment account like stocks and mutual funds do not count as liquid assets until you actually sell them and have the cash in your hands. Whether or not you can use your retirement savings as proof of funds will depend on whether you can actually withdraw the cash upon demand or not.

At The Way Immigration , we are very familiar with proving settlement funds for Canadian Immigration. These policies can be more complicated than they appear, and we find there is a lot of misinformation out there when it comes to proof of funds. Of course, misinformation is dangerous when a single mistake can be fatal to the entire application. Contact our immigration Canada Calgary office today to ensure that you are fully compliant with proving the funds required and all other requirements to make the most of your opportunity to succeed under Express Entry.

Canada Permanent Residence Application Fees Increase

fran@thewayimmigration.ca (Fran Wipf) — Tue, 30 Apr 2024 10:53:51 GMT

Foreign nationals applying for Permanent Residence in Canada are required to pay application fees to Immigration, Refugees and Citizenship Canada (IRCC). These fees are used to cover the Canadian government's costs in processing immigration applications and providing assistance to newcomers to Canada. The latest application fee increase for Permanent Resident applications occurred on April 30, 2024 at 9 AM EST. Going forward, the PR fees will be reviewed every two years and adjusted for inflation.

The total fees required for each application will depend on the program being applied for, and the number of family members included.

Application fees: two categories

Application fees to apply for permanent residence in Canada's immigration system are technically divided into three categories - processing fees, biometrics fees and the Right of Permanent Residence Fee (RPRF).

IRCC processing fees are required by the Canadian government in order to pay for the costs of processing immigration applications. These fees are required to be included with any permanent residence application that is submitted to IRCC, including Express Entry , Federal skilled workers, Canadian Experience Class , Provincial Nominee Program, Spouse or Common Law partner sponsorship, etc. The application fees are paid upfront and no refund is provided by IRCC if the application is refused. There are different levels of fees for the principal applicant, accompanying spouse or partner, and any children included in the application.

Biometrics fees are collected by the Canadian government in order to cover the cost of having applicants submit their fingerprints and photo at a biometrics collection center. The biometrics fees must be paid with every application for Permanent Residence, no matter if the applicant has submitted biometrics previously. Biometrics fees must be paid for anyone included in the application who is 14 years of age or older.

The final set of immigration application fees is the Right of Permanent Residence Fee, or RPRF. More details about the RPRF are included below.

All fees - processing fees, biometrics and RPRF - are returned to the foreign nationals in the event than an application is considered incomplete and therefore not accepted for processing.

What Does it Cost to Apply for Permanent Residence in Canada?

The cost to apply for immigration to Canada will vary with the different immigration programs. The total cost of your application depends on the program you are applying for, and the number of people included in your application.

The federal government fees for any PR application will consist of the processing fee, the biometrics fees, and the Right of Permanent Residence Fee (RPRF). If you are applying for a provincial nomination, the province will have its own processing fees under their provincial nominee programs, and these fees also vary by category or program.

The amounts for federal application fees charged by Canada Immigration for processing PR applications, as well as the RPRF, are set out below.

What are the Processing Fees?

The new processing fees for some of the most popular programs are listed below:

What is the Right of Permanent Residence Fee?

The Right of Permanent Residence Fee (RPRF) is essentially a tax requested from the Government of Canada on every successful application for Permanent Residence. The funds are used to run programs that are available to new permanent residents, such as settlement support services, language classes, etc.

Only the principal applicant and accompanying spouse or partner need to pay the Right of Permanent Residence Fee; accompanying children do not.

The RPRF can be paid at the time you submit your application for processing, or you can wait until further into the processing when IRCC will send you a request to make the payment. It is generally faster if you submit the RPRF payment upfront with your application. The processing times are long enough; in this small way you can cut down on wait times a bit by avoiding the need for IRCC to request the payment, and give you time to make it before finalizing your application.

The Right of Permanent Residence Fee (RPRF) was increased from $515 per adult to $575 per adult on April 30, 2024.

How to Pay Application Fees for Canada Immigration

The application fees for Canadian Permanent Residence applications are paid online using either a credit card or debit card. Depending on the application you are submitting, there are two ways that you may need to make payment:

Express Entry Fees – application fees for an Express Entry application are paid at the time the application is submitted, using a credit or debit card, as part of the application submission process. Once you indicate that you are ready to submit your application, you will be taken to the payment screen and payment must be received before the application will enter the processing queue.
Fees for other applications for Permanent Residence – the application fees for applications for Permanent Residence in other immigration streams outside of Express Entry are submitted through the online PR portal. When applying through this portal, applicants need to first submit payment, via credit or debit card, through the IRCC payment portal and receive a PDF fee payment receipt. You must then upload the fee receipt along with the other supporting documents for your PR application.

The Way Immigration has been successfully obtaining Canadian Permanent Residence for our clients since 2008. We stay up to date on all of Canada's and Calgary immigration policies to ensure that our clients have the highest success rate possible. Are you interested in immigration to Alberta Canada? We can assess your options and make an action plan that will work for you. Contact our office today, to ensure that your application for Canadian Permanent Residence has the best chances for success.

Alberta PNP Job Offer and Employment Requirements

fran@thewayimmigration.ca (Fran Wipf) — Mon, 08 Apr 2024 07:13:17 GMT

A job offer with an Alberta employer is a key component for most of the AAIP provincial nomination streams. Recently, the Alberta government introduced new requirements for Alberta employers who want to support the nomination of their foreign workers.

The Alberta Advantage Immigration Program is currently undergoing some changes to most of the worker streams. While the Alberta Opportunity Stream and the Tourism & Hospitality stream remain closed at the time this article is being written, the program released new guidelines in March 2024 to clarity what kind of employment situation is going to be required when these programs re-open.

Previously, it was fairly straightforward for Alberta employers to be eligible to support their workers, and most Alberta based businesses were eligible. The recent revisions have implemented restrictions that seek to limit the ability of new, smaller businesses to nominate multiple workers. The AAIP programs have been overwhelmed with applicants in recent months, and changes were needed to ensure reasonable processing times, equitable distribution of nominations to established Alberta businesses, and to eliminate situations whereby shell businesses were being ‘operated’ almost solely for the purposes of nominating workers.

Alberta Employer Requirements for AAIP

In order for your application for Alberta provincial nomination to be successfully, the Alberta employer you are working for must:

Be a legitimate business that provides a good or service in Alberta, from a location in Alberta
Offer you a job that is consistent with their business activities
Be incorporated or registered with either Alberta or Canada
Have been operating in Alberta for at least 2 fiscal years
Have a minimum gross annual operating revenue of $400,000 for the most recent fiscal year
Have at least 3 full time employees (or full-time equivalent, contractors do not count)

If the company does not have a gross revenue of at least $400,000 or cannot show 3 full-time employees, their employees can still apply for nomination but on a limited basis as follows:

2 years of operation in Alberta = max of 1 employee nomination
3 years of operation in Alberta = max of 2 employee nominations
For each additional year of operation in Alberta, the employer can support 1 additional worker for nomination

Documents required from Alberta Employer for AAIP applications

In addition to the standard job offer and employment reference letter that has always been required for Alberta PNP, the new requirements include the Alberta PNP officer contacting the employer to provide the following documents to the worker making their application for Alberta nomination:

Evidence of recruitment to try to fill the position for which the nomination is being sought (only required if the applicant is not already working in the position)
Complete corporate income tax return filing for the past 2 fiscal years, including schedules 100, 125 and 141
T4 Summary of Remuneration Paid, for the past 2 fiscal years – this document shows all of the payroll information for the company and is submitted to the Canada Revenue Agency annually when T4 slips are issued to workers
Copy of business license
Lease, rental, ownership or mortgage documents related to the location where the candidate reports for work

The evidence of recruitment necessary for any positions where the foreign worker is not already filling the role needs to be comparable to the recruitment required for an LMIA application . This should generally be construed to mean that the employer needs to advertise the position on job bank as well as two other recruitment sites targeting underrepresented groups, for at least a month, at the prevailing wage for that region of Alberta. In these situations, the Alberta nomination will only be issued if the employer can show that no qualified Canadian workers applied for the role.

Of greater concern, is the program expectation that the Alberta employer will provide confidential tax

Job offer requirements for AAIP nomination

The job offer requirements for Alberta PNP nomination have not changed, but are worth revisiting within the context of the other changes. A job offer that is acceptable for AAIP nomination must include:

Non-seasonal work with an employer-employee relationship (only health care providers can be contractors)
Full time work, at least 30 hour per week
Employment for 12 months or longer
Wages that either match your LMIA approval, or meet/exceed the lowest starting wage for that occupation in Alberta

The Alberta job offer cannot include:

Part time, casual or seasonal work
Independent contractors, owner/operators, or temp agency work
Work at a home-based business (some exceptions under Alberta EE stream )
Work based outside of Alberta

Do I need a job offer for Alberta PNP?

The most common pathways to Permanent Residence through the Alberta PNP program all require that applicants have a job offer to work in Alberta, for an Alberta based employer. It’s important to note that not everyone who is working in Alberta will qualify for Provincial Nomination, particularly with the stringent requirements that determine which kind of employer is eligible to have their workers nominated.

The Way Immigration is the best immigration consultant in Alberta . and we are experts in the Alberta Advantage Immigration Program. Contact our Calgary immigration office today if you need to understand your options to apply for Permanent Residence on the basis of an Alberta Provincial Nomination Certificate.

Alberta's New AAIP Tourism and Hospitality Stream

fran@thewayimmigration.ca (Fran Wipf) — Mon, 26 Feb 2024 08:59:36 GMT

Alberta is launching a new immigration stream on March 1, 2024, focused on tourism and hospitality workers in the Province. Although the complete eligibility details will not be released until March 1, we are happy to share some clues as to who will qualify for this immigration stream, and what the eligibility criteria will be. Now that the program has opened, we have updated our post with the new information below. UPDATE: Alberta has closed this program for the first intake effective March 2, 2024. The program was open for less than 24 hours.

Why is Alberta launching a Tourism and Hospitality Stream?

All Provincial nomination programs exist to ensure that Canada's different regions can support the permanent immigration of individuals with skills that are needed for economic growth in that particular region. The Alberta government is launching a stream to support Tourism and Hospitality workers because the Province considers tourism to be a valuable industry that is having a difficult time growing, due to a shortage of qualified workers.

Missed the Alberta Tourism and Hospitality Stream Intake?

UPDATE March 2, 2024: Now that the first intake for the Alberta Tourism Stream has closed, here is what you need to know:

Alberta will still accept applications for those who managed to start their application during the time window that the program was open. If you have started an application, keep working to complete and submit it.
There will be another intake in the future. If you meet the criteria below, and will still have a valid work permit for the next several weeks or months, it is a good idea to still prepare to submit an application when the intake stream re-opens at some point in the future. If the current intake is any indication, you will need to act super fast if you hope to get a spot when the program opens again.

Who is eligible for the AAIP Tourism and Hospitality Stream?

This original blog was written before the program opened. We are now updating it to reflect the reality of the program that was announced on March 1, 2024. To start off, we have for you the 30 second overview that tells you the big picture of what you need to know about who is eligible for the Tourism and Hospitality Stream:

There are only 500 spots currently available. A total of 659 spots will be available in 2024.
Only those working in Alberta with an LMIA based work permit are eligible to apply. You must have a valid work permit when you apply and when Alberta assesses your application.
The 6 consecutive months of required work experience and the permanent job offer must be with the same Alberta employer.
Both work experience and job offer must be for at least 30 hours per week.
Your employer must belong to one of the Industry Associations listed by Alberta. This news is a bit surprising and may cause an issue for some applicants.
You are only eligible if you are working in an eligible occupation and in an eligible industry.
Your salary must meet LMIA requirements .
Your education level must be equivalent to a Canadian High School diploma, with a valid Educational Credential Assessment (ECA) (less than 5 years old) or Canadian education
Your language skills must be a min of CLB 4 in either English or French, with a valid language test (less than 2 years old)

The program itself has a limited number of spots, and once that number of applications are received, it will close. For that reason, it's important to apply as soon as possible, and ensure that your application is prepared correctly.

What occupations are eligible for Alberta Tourism and Hospitality Stream?

Alberta has released a list of 18 occupations that will be eligible for the Tourism and Hospitality stream.

Program leaders and instructors in recreation, sport and fitness. NOC 54100
Restaurant and food service managers. NOC 60030
Accommodation service managers. NOC 60031
Food service supervisors. NOC 62020
Chefs. NOC 62200
Cooks. NOC 63200
Maitres d'hotel and hosts/hostesses. NOC 64300
Bartenders. NOC 64301
Hotel front desk clerks. NOC 64314
Tour and travel guides. NOC 64320
Outdoor sport and recreational guides. NOC 64322
Food and beverage servers. NOC 65200
Food counter attendants, kitchen helpers and related support occupations. NOC 65201
Support occupations in accommodation, travel and facilities setup services. NOC 65210
Light duty cleaners. NOC 65310
Specialized cleaners. NOC 65311
Janitors, caretakers and heavy-duty cleaners. NOC 65312
Dry cleaning, laundry and related occupations. NOC 65320

What are the eligible industries for the Alberta Tourism and Hospitality Stream?

Your employer must have valid Worker's Compensation Board coverage (or be exempt from needing WCB) and the industry code that is used for their WCB registration will determine whether you are eligible to apply for this program. The following industry codes are eligible:

Museums / Art Galleries 80701
Zoos / Game Farms 80703
Bowling Alleys / Billiard Parlours 85300
Golf Clubs / Ranges 85900
Ski Resorts / Gondolas 85904
Casinos / Dance Halls 85916
Arenas / Stadiums 85919
Travel Agency / Motor Association 85925
Restaurants / Catering 87501
Hotels / Convention Centers 87503
Sports and Recreation 87600
Property Management / Hostels 89702
Private Clubs 87508
Operation of a Curling Rink
Operation of an Ice Skating Rink
Operation of a Cricket Field
Operation of a Convention Bureau
Operation of an Information Bureau
Promotions, sports and entertainment
Professional Sports

It's important to note that your employer has to be operating in an eligible industry AND a member of one of the related industry organizations that AAIP has designated.

How to prepare for the Alberta Tourism and Hospitality Stream?

You should prepare scanned copies of the following documents that are needed for your application:

passport photo page
current work permit, past work permits
copy of LMIA
language test results
educational credential assessment result along with copies of degrees, diplomas and transcripts
payslips for the past three months

You will need to request specific documents from your employer for your application, including:

a WCB clearance
proof of membership in the relevant industry association
a reference letter
a job offer letter

There is specific information required in these letters - read the Tourism and Hospitality stream document checklist carefully for details.

How to apply for AAIP Tourism and Hospitality Stream?

Most AAIP applications start out in the AAIP application portal . Candidates need an Alberta digital ID in order to access the portal and prepare their application.

There are a series of online forms that comprise the AAIP application, mostly asking basic personal information, work history, education history and address history.

When you have completed the online form entries, there will be a series of upload fields where you can upload the supporting evidence needed for your application.

What is the application process for Permanent Residence through the AAIP Tourism and Hospitality Stream?

Any application for a Provincial Nominee Program is a two step process to obtain Permanent Residence in Canada. For Alberta PNP programs, the first step is to apply online using the AAIP portal and then wait for a decision from Alberta. If you are approved and receive an Alberta Nomination Certificate, you then use that Nomination Certificate to apply for Permanent Residence in Canada through the IRCC PR portal.

In the first step of the application, the Alberta portion, usually only the principal applicants information and documents are required. In the second step of the application, the federal or IRCC portion, the information and documents of your entire family will be required.

What is the cost to apply for Alberta Tourism and Hospitality Stream?

Alberta's economic immigration programs cost $500 to apply. This amount is paid by credit card when you submit your electronic application. Note that you will pay additional processing fees to IRCC for the second stage of your application, after you receive your nomination certificate from Alberta.

Alberta Opportunity Stream vs. Tourism and Hospitality Stream

Most applicants who will qualify through the Tourism and Hospitality stream would have formerly been able to apply to the AAIP using the Alberta Opportunity Stream (AOS) . Alberta closed the AOS stream on February 15, 2024 and stopped accepting applications on that date. The AOS stream is set to return at an unknown future date, with a new set of eligibility criteria, which we suspect will involve an invitation-only system like BC or Ontario's provincial nomination programs.

The purpose of revamping the AOS stream is to ensure that Alberta can process it's application inventory in a reasonable amount of time, and can target specific occupations that the Province needs. Therefore, it's reasonable to assume that not everyone who previously could have applied under AOS will be able to do so under the new system. For that reason, if you are eligible to apply under the Tourism and Hospitality stream, we recommend that you do so as quickly as possible.

Alberta Advantage Immigration Program vs. Express Entry

Although Express Entry is Canada's largest immigration program by numbers, it is very difficult to actually qualify for an invitation to apply (ITA). Potential applicants are scored against a list of priorities that the federal government has established, and the required scores in late 2023 and early 2024 have been very high. Applicants need to be young (less than 35), highly educated (Master's degree), highly fluent in English or French (or both), with a substantial amount of skilled work experience and a Canadian sibling, Canadian education or Canadian work experience in order to qualify. Provincial nominee programs are generally more accessible to those who are older, have lower skilled work experience, lower language abilities and/or lower levels of education.

The Way Immigration is currently preparing our clients to be first in line to apply when the AAIP Tourism and Hospitality Stream opens on March 1, 2024. Contact our immigration agent Calgary office if you would like our assistance to ensure that your application is prepared properly, and submitted before the program is full.

Police Clearance Certificates - Criminal Record Check in Canada

Wed, 31 Jan 2024 09:23:00 GMT

Police clearances are required for most applications for Permanent Residence in Canada, as well as some temporary residence and Canadian citizenship applications.

The term used by Canada Immigration for this document is the Police Certificate. However, there are many different names in the immigration sector – a police clearance, a police clearance certificate or PCC, a police check, a police report – they all mean the same thing. Some countries call them good conduct certificates. Regardless of the name they go by, they are mandatory supporting documents in all permanent residence applications, and are sometimes requested by IRCC in other cases.

The process of obtaining the Police Certificate is called a criminal record check, although that term sometimes refers to the document as well. The PCC will show any criminal charges you’ve had in the country. Or, even better, the report will confirm you have no criminal record in that country.

For applicants doing their own files, it is very easy to make a mistake with a police certificate, such as getting the wrong document. A mistake with a PCC means the file is not complete, and it will be returned to the applicant. This can cause many problems – especially if you are not eligible to re-apply. It’s critically important that every PCC you obtain is exactly as the IRCC website states.

What police certificates are needed?

You must get a police certificate from any country where you lived for 6 consecutive months or more in the past ten years, or since age 18 – whichever period is shorter. However, officers have broad discretion when it comes to requesting police certificates, and may request one where it was less than six consecutive months of residence, or from a country where you lived for more than 6 months as an adult, but say 15 years ago. For example, your time in post-secondary education is listed on your application form, so officers may request a PCC from that country.

Any family members who are over 18 at the time you apply must also submit a police certificate.

When applying for Canadian Citizenship, you will need to submit a Police Certificate from any country where you lived for 6 consecutive months or more in the 4 years before your Citizenship application.

Do I need a Canadian Police Clearance Certificate?

No, a PCC from Canada is not needed. Canada Immigration will check with the RCMP directly about your history in Canada to see if there is any criminal record. In rare cases, you may be requested to provide a fingerprint-based police certificate from the RCMP during the process, but it is not necessary to submit a PCC Canada with your initial immigration or citizenship package.

How old can my police certificate be when I submit my application for a Canada visa?

The acceptable age for your Police Clearance depends on your own location when you submit your immigration application to Canada.

If you are living in the country that issued the PCC, then the Police Certificate must be less than 6 months old when you file it.

If you are living outside of the country that issued the Police Certificates, as long as the PCC was issued after you last lived in the country, it will not expire. You can use the Police Clearance Certificates regardless, since your address details will show that you have not lived in that country since.

You should check the processing time for any PCC applications you need, and use that as a guide to order one that will not arrive too early or too late. Some countries allow you to pay a higher fee to get the Police clearance faster.

How do I know if I have the right police certificate?

Canada Immigration gives precise instructions on its website for the PCC from every country. It explains which police authorities to apply to, and the precise name of the document needed. From there, you complete the application form or official request letter applicable and pay the required fees to the police authority in that country. Expect the process to be more difficult if you are not a citizen of the country and are not currently residing there.

Check the IRCC website first for any PCC that you or a family member may need to obtain. Carefully review the exact name of the Police clearance document needed and other details for that country. Please note too that some countries, like Italy, have more than one PCC required.

How do I submit my police certificate?

For an application online, the applicant must upload a colour scan of their PCC with their documents. You retain the original in the event an officer requests it later, but that is rare.

For a paper application, the original Police certificate is sent with the package. If the PCC was issued electronically, you can print a color copy of the Police Certificate, front and back, to include.

Does my police certificate need translation?

Yes, if the original Police Certificate is not in English or French, you will need a certified translation. (Please note: Canada Immigration has other detailed rules for acceptable translations).

What happens if I cannot obtain the police certificate?

In rare cases, an applicant is unable to get the necessary PCC. Perhaps the country will not issue one to the applicant, or the process to obtain the PCC is so onerous and expensive (such as needing to apply in person in a far away country).

There are a few options to get the PCC, such as contacting the Embassy or Consulate of that country in Canada for help. Or you can try hiring a lawyer in the country to get it.

As these are required documents for permanent residence, just like a birth certificate or marriage certificate, an IRCC officer will not generally proceed without this document. They will first require you to make all reasonable attempts to obtain the PCC needed from any country required. If you can prove the precise steps you've taken and show why the PCC is virtually impossible to get, you can request an exemption. If the officer is satisfied you’ve exhausted all avenues, they may waive the requirement for that PCC so your application can continue. Or, they may simply give you more time to get the PCC, meaning your case will exceed the normal processing times.

Please note also: When processing times are delayed for any reason, it can have a domino effect on other things that may have changed in your life that require updating as well (addresses, marital status). So it is worth investing in an all-out effort to get the PCC as quickly as possible, even if it means paying out a bit more, so your application can proceed without delay.

A Note about Errors on Police Certificates

It sometimes happens that the Police Clearance Certificates will contain an error. For example, it may contain information that is simply incorrect, it might omit a criminal charge you know you have in that country, or it may not be complete - e.g., there was a charge, but it was dismissed with no conviction.

These issues must be addressed as it is necessary to answer the question about any past charges truthfully on the application form. The question is very broadly worded to require you to disclose any charges at any time in the past in any country, regardless of their outcome. If you had a criminal charge, you must answer "Yes" to this question regardless of what the certificate states, or regardless of the outcome (e.g. it was dismissed). This answer will most likely trigger a request for more information. However, it does not necessarily mean you are inadmissible - that is a separate question. But all charges must be disclosed or you risk creating bigger problems for yourself.

If there is a discrepancy on the Police clearance certificates, or your charges were dismissed, it is best to get a professional opinion on how to address it. It is very possible that, once the IRCC officer has the full picture, it will not pose any barrier to immigration. On the other hand, the failure to disclose a past charge for any reason can result in an allegation of misrepresentation which carries a 5-year ban from Canada. That is something to be avoided at all costs. A professional can advise you on the best way to deal with any PCC you obtain that may not be complete or accurate on its face.

At our immigration consultant in Calgary office, we have assisted thousands of applicants to obtain police clearance certificates from numerous countries over the years. We have also seen many problems and delays in the Canadian immigration process when the right document was not obtained in a timely way. Are you unclear whether you need a police clearance from a certain country? Do you need help with how to go about getting it? Or perhaps you have obtained a PCC that is not fully accurate? Contact us today for a consultation and we can a likely clarify how the process will work in your case.

Police clearances are required for most applications for Permanent Residence in Canada, as well as some temporary residence and Canadian citizenship applications.

Visa for Romantic Partner to Visit Canada

Mon, 22 Jan 2024 06:16:54 GMT

It’s a scenario that plays out hundreds of times every day. A Canadian meets someone from a foreign country, falls in love, and then invites their love interest to visit them in Canada. Canadian passports allow travel freely to most parts of the globe, so it's a bit of a rude awakening when the Canadian finally realizes that their new love interest probably cannot just hop on a plane and come to Canada. Canada has visa restrictions in place, and if you happen to fall in love with someone from one of the countries who need a visa to travel to Canada , your life just got a lot more complicated than you intended.

But wait! You’re a Canadian Citizen. You are a Permanent Resident of Canada . You pay taxes. You have rights. Therefore, you have the right to have your love interest with you inside Canada. Right?

I just want to point out that I take no delight in crushing your dreams. But I know the conversation we are about to have is probably not going to be what you want to hear.

Fiance visa Canada

We need to start off with the fact that Canada does not have a fiance visa category. If you are not legally married to your partner, or you have not lived together for at least 12 months consecutively in order to achieve common law partner status, then there is no certain pathway to sponsor a fiance to come to Canada.

So then what are your options to have your friend come and visit you, so that you can spend time together and get to know each other better before deciding if marriage is the right pathway to pursue? Let's talk about visitor visas.

Can I invite my girlfriend as a visitor to Canada?

Thus far, you have been thinking about the immigration system from the point of view of a Canadian or Permanent Resident who wants to spend time with a romantic partner. At this point, you naively expect that your government is going to support your heartfelt intention to find your true love overseas. May I gently suggest that we need to start thinking like a Canadian visa officer, if you are going to realistically understand the Canadian immigration options for your situation?

The main consideration for a visa officer when deciding whether or not to approve a visitor visa to Canada is not the purpose of the trip. The main consideration is what kind of a life does the applicant have outside of Canada. A visitor's visa is intended for someone who will legitimately visit Canada, meaning they plan to come for a few weeks to see the mountains or visit family, and then they have matters that require their attention outside of Canada. They must show that they intend to leave Canada, and that their life outside Canada will be comfortable enough to return to.

Romantic relationships and ties to home country

Visa officers will consider the applicant’s financial situation, employment situation, past travel to other developed nations, assets outside of Canada and family situation as part of the picture that demonstrates quality of life for the applicant. If the applicant cannot demonstrate that their current standard of living is somewhat comparable to the usual standard of living in Canada, a visitor visa is likely to be refused. This is especially true when the applicant does not have strong family ties outside of Canada, like a spouse, or dependent children, whom they live with. When an applicant has a low standard of living, employment at a subsistence level or no employment at all and a love interest in Canada – all signs point to the probability that they will not leave Canada if permitted a visitor visa, because the financial and emotional ties are the strongest to Canada, not to their country of origin. When considered from this point of view, having a romantic relationship with a Canadian is going to work against the applicant. Let me say that again. In many cases, having a romantic relationship with a Canadian makes it more likely that a visitor visa will be refused.

This new and unwelcome insight invariably leads to protests such as, "But I'm Canadian, I pay taxes, I should be able to invite who I want to visit me." The hard truth is that the visa officer is not looking at you, the Canadian. They are looking at the foreign national and their situation when making the decision to approve the application or not.

How to get home if the relationship ends

In many situations, your love interest may come from a country where the value of the local currency may not be high enough to pay for their trip to and from Canada, as well as pay for their living expenses while visiting Canada. The Canadian citizen is the one who will pay for everything related to the trip, and is willing to provide their financial information to Immigration Canada in order to get a visa approved. While it is certainly necessary to show that someone has the capacity to pay for the proposed trip, the fact that the Canadian “sponsor” holds all the cash is not necessarily reassuring to the visa officer. A situation of this type is viewed negatively for a couple of reasons – the availability of more cash in Canada than at home could be viewed as a strong tie to Canada and an incentive not to return home at the end of the visit. Another negative scenario could occur if the visit does not go as planned, the couple breaks up and the Canadian withdraws financial support from the foreign national. Now, who is going to pay for the flight home?

Safety concerns for foreign national

A further concern for visa officers is the safety of the foreign national inside of Canada. Applicants who do not have their own funds and who are relatively unsophisticated in terms of professional life and international travel could be at risk of exploitation by an unscrupulous Canadian citizen. Now of course, you are not an unscrupulous Canadian citizen and you would never think of exploiting someone from a foreign country that you met online, but those kinds of people do exist, even in Canada. IRCC wants to ensure that any decision they make does not place someone in danger. For that reason, the preferred method of having Canadians unite with their romantic partners in Canada is by means of a spousal or common law partner application. The reason is because there is a much higher level of scrutiny of the sponsor, the applicant and the relationship in a sponsorship application – and potentially harmful situations are more likely to be prevented in advance.

How can I bring my unmarried partner to Canada?

Now that we have considered all of the obstacles that stand between you and your romantic partner reuniting in Canada, let's talk about what may be possible.

Visitor visas are possible. You need to understand that a visitor visa for your boyfriend to Canada is not guaranteed, but approval is possible if your boyfriend's situation overseas is decent and your application is prepared with sufficient evidence.

Work permits are possible. If you can find a Canadian employer who is willing to jump through the hoops to hire a foreign worker, and if your romantic partner has the skills needed for the job, obtaining a work permit for Canada would certainly allow you to spend enough time together that you could make an informed decision about your future together. The difficulty with pursuing a work permit is going to be finding a Canadian company who is willing to complete their part of the process - as it is time consuming and expensive for the company.

Study permits are less realistic. Studying in Canada is expensive. If your romantic partner had the kind of funds needed to study in Canada in the first place, it is likely they could get a visitor visa approved. But, you say, you are willing to provide financial support for their studies. That's really kind of you, but as soon as you tell the visa officer you are going to pay for their studies, you can expect the officer to decide that the student's ties to Canada are too strong and also question whether or not the applicant is really a bonafide student.

Conjugal partner sponsorship is for extreme situations only. Although Canada has a program for conjugal partner sponsorship, a conjugal relationship does not mean that you met someone you are interested in. A conjugal relationship is considered to be a marriage like relationship, but for reasons outside of the control of the couple, they cannot legally marry and cannot cohabit for the 12 months required to become common law partners. The conjugal partner sponsorship category is intended for extreme situations only, such as where same sex relationships are illegal in their country of origin, or divorce from their first spouse is not permitted in the country where they live. If you have the opportunity to live together and establish a common law relationship, you are expected to do so, even if you have to leave Canada for that year.

Purpose of travel for Visitor Visa to Canada

There is one burning question that always comes up next. Why can't we just say my romantic partner is coming to Canada to visit a friend, or planning to visit their relatives in Canada? It happens, frequently in fact, that someone will misstate the real purpose of their visit to Canada in order to make it more likely that their application for a temporary resident visa is approved. However, even if you don't fully declare your real intentions, you still have to identify who is going to pay for the trip and demonstrate that the applicant's usual standard of living is sufficient to include international travel as a tourist.

You need to consider what your next steps will be if the relationship works out, and you get married in order to be together forever. At some point, you will need to submit a spousal sponsorship application, or apply to extend your partner as a visitor. In both applications, IRCC will return to the initial visitor visa application package to decide if the applicant was telling the truth about the purpose of their visit to Canada. If it becomes apparent that your new wife lied about visiting their aunt in order to get a visa to visit you - then you can end up with immigration issues that you may not be able to resolve. The penalty for getting caught lying on a Canadian immigration application is a 5 year ban from Canada.

It is always recommended that you are truthful in any immigration application for Canada, and that you receive professional assistance, to ensure that your application has the best chance of being approved. As frustrating as it would be to receive a refusal on a visitor visa application, at least you still have the option to spend time with your romantic partner in their country of origin, and at some point you will be able to sponsor them if you decide to get married.

During your sponsorship application, the refused visitor application can serve as proof that your relationship has been ongoing for some time, and that IRCC has already decided your relationship is serious enough to form the basis of a visitor visa refusal. if you lie and receive a five year ban for misrepresentation, this can only be overcome by waiting out the time. You have no options to be together in Canada during that timeframe.

The Way Immigration has received approvals on visitor visas applications for romantic partners in situations where the approval rate is extremely low. When the relationship works out and our clients get married in Canada, we are delighted to submit a spousal sponsorship application so that the lovebirds can remain together forever. We always tell our clients upfront when the chances of a visitor visa approval are low, but when the client is willing to take the risk of a refusal, we put our heart and soul into preparing the best possible application. Telling the truth and preparing a compelling application is always the best strategy - we would be happy to help you make the strongest application that is possible. Contact the best immigration consultant in Calgary office today for a straightforward assessment of your situation and a no nonsense approach to reunification with your loved one.

Intention to Return to Canada – Sponsoring a Spouse or Common Law Partner from overseas

Mon, 22 Jan 2024 05:08:42 GMT

There are two types of spousal sponsorship applications for Canada - inland and overseas . Although many of the requirements are the same for both kinds of applications, there are also some distinct differences that are important to understand. Not everyone is eligible to submit an application from overseas, there are different legal tests that must be met, and different supporting evidence to include with the application for permanent resident status.

Can I Sponsor my Spouse from Outside Canada?

Canadian Citizens are eligible to submit a sponsorship application for their spouse or common law partner , and dependent children, while everyone is still living overseas. Canadian Permanent Residents are not eligible to submit an outside Canada sponsorship – PR’s need to be physically inside of Canada when the sponsorship application is submitted and while it is being processed.

One of the requirements for this type of application package - a sponsorship submitted when the sponsor is living outside of Canada - is the intention for the Canadian Citizen sponsor to return to live in Canada with their family once the application for Permanent Residence is approved.

How do I prove my intention to Return to Canada?

Applicants must provide a plan with their permanent residence application that demonstrates their plans for returning to live in Canada permanently, as well as provide evidence of financial support that will make those plans possible. Visa posts frequently ask for an update to these plans when the family sponsorship application process is in it’s final stages of approval. If you are in fact planning to return to Canada, it is likely that you have already discussed plans with your partner, even informal ones. The challenge is simply to put those plans onto paper in the form of a letter of explanation, and then to include supporting evidence that demonstrates you are taking measurable steps towards implementing those plans.

Proof of Intent to Move Back to Canada

In most instances, to demonstrate proof of intent to return to Canada as you sponsor your spouse, we recommend a letter of explanation that addresses as many of the following points as applicable. Once you have written your letter of intent, you then need to compile a package of supporting evidence for each point, as applicable. Typically you need to show where you plan to live, how you plan to support your basic needs until you can find employment in Canada, and how you will wrap up your affairs in the country where you are currently living.

Housing matters

Where will you live in Canada?
Will you stay with family or friends temporarily while looking for a place in Canada?
Have you identified a community that you plan to settle in?
Have you contacted a realtor to enquire about renting or purchasing a property in that community?
What are you going to do with your current residence?
If you own your current residence, do you plan to keep it or sell it? Have you chosen a realtor that you will work with to sell your property?
If you rent your current residence, when does your lease expire? How much notice do you need to provide to your current landlord before you move, and have you provided that notice?

Plans to secure employment

Does your spouse speak enough English or French to seek employment in Canada? If not, have you made enquiries into language classes in the community where you will reside?
Do you or your partner need to obtain a professional license to work in Canada? What steps have you taken to begin the licensing process?
Will you or your partner need to return to school to upgrade your skills to enter the Canadian job market? What enquiries have you made regarding potential educational programs?
Will you be able to transfer to a Canadian branch of your current employer?

Where the kids will go to school

Have you researched the schooling options in the community where you plan to settle?
Have you contacted the local school board to find out enrollment requirements and timeframes?

Funds available to finance your move and establishment in Canada

How do you intend to pay for the family to move back to Canada and get established?
Can you prove sufficient funds or a line of credit to finance your plans?

What other ties do you need to sever with your country of current residence

What will happen to your vehicles?
Pets – are they coming to Canada or staying behind?
How will you move your belongings to Canada, or where will you store/dispose of what you plan to leave behind?

Who is waiting for you in Canada?

Do you have close friends or family members who are eagerly waiting for you to arrive back home with your family?

Other arrangements

Have you researched how to locate a family physician in the community where you will live?
Have you researched health care and made plans for temporary health care coverage if the province where you are moving has a waiting period for new residents?
Do you already have a Canadian bank account or will you need one?
Have you (the sponsor) continued to file Canadian taxes, demonstrating the intention to return to Canada eventually?
Are there any groups you will seek to join upon arrival – religious organization, service group, volunteer in children’s school, join or coach a sports team, obtain special instruction for your children (high level athletics or other pursuits they are passionate about), etc?

It’s a good idea to address all applicable items in point form, to keep your submission brief but complete. Canadian immigration officers are bombarded with words all day long – it is a good idea to ensure that you are not bombarding them with unnecessary words in long winded explanations.

Evidence of Intention to Return to Canada

Once you have formulated a written plan of your intention to Return to Canada, then compile any evidence you have to support your plan. Some suggested evidence could include:

A letter or two from family members who are excited that you will stay with them upon arrival,
An email exchange with a Canadian realtor,
Bank statements that show sufficient funds to carry out your plans,
An offer of employment from a Canadian employer,
Vet records to show your pet’s vaccinations have been updated in anticipation of the move,
A quote from a moving company,
Google search records that show your research,
Correspondence with your employers regarding a transfer to their Canadian location

There is no specific formula for success with proving the intent to return to Canada when making a spousal sponsorship application . Each family’s situation will be different, and therefore the intended plans and supporting evidence will be unique for each family. The critical elements for success are that you demonstrate you do intend to return to Canada within a reasonable timeframe once your spouse receives permanent resident status, and that you provide sufficient evidence to show that your plan is well thought out and reasonable.

The Way Immigration immigration consultant Canmore office has been helping families return to Canada since 2008. Our family sponsorship approval rate is 100% over several thousand applications. If you are feeling overwhelmed by the process of preparing your sponsorship application, reach out to us. The top immigration consultant in Alberta Canada guarantee that you will feel a whole lot better within the first few minutes of a meeting with one of our team members.

IMM 5406 Additional Family Info Guide

Mon, 08 Jan 2024 05:20:25 GMT

The form IMM5406 Additional Family Info is a necessary component of many Canadian Immigration application packages, including spousal sponsorship, Provincial Nominee Permanent Residence applications, Agri-Food pilot, Rural and Northern Immigration PR applications, Humanitarian and Compassionate applications and more.

As a mandatory component of an application for Permanent Residence, the form must be completed perfectly in order for your application to be accepted for processing. It is our experience that many applicants are often unsure of who needs to be included on the form and frequently do not provide some of the essential information.

What is the IMM 5406 Family Information Form?

The IMM5406 Additional family information form is one of the application forms contained in every application package for Permanent Residence for Canada . The purpose of this form is to provide IRCC with information about your family members - your spouse, parents, children and siblings. IRCC wants this information for two reasons: 1) to ensure that you are not a security threat based on your connections to individuals who pose a danger to Canada and 2) to have a record of your family members on file for any future immigration applications you may file that depend on a family relationship.

How to complete the IMM 5406 Additional Family Info form?

Canada is using an online application system for permanent residence applications. The IMM 5406 online form is a mandatory online form that is included within your online Permanent Residence portal when you set up your application for permanent residence with IRCC. This is commonly referred to as the family information form, and you should also see the requirement for this form included on your document checklist.

Who needs to complete the IMM 5406 Additional Family Info form?

The primary applicant needs to complete the IMM5406 Family Information form, along with any immediate family members over age 18 who are not already a Canadian citizen or Permanent Resident. This means that the spouse or common law partner , and dependent children (age 18-21) of the principal applicant need to complete their own IMM5406 if they are not Canadian or Permanent Resident already. Note that dependent children are considered to be immediate family members only until age 21, and only if they are single. Minor children who are less than age 18 do not need to complete their own IMM 5406; however, children between the ages of 18 to 21, who are single, do need to complete their own form. Let’s put this into bullet form for greater clarity.

Who needs to complete their own IMM 5406:

Principal applicant
Spouse or common law partner of principal applicant (if not Canadian or PR)
All single children of principal applicant (if not Canadian or PR) ages 18-21, biological or adopted

Who should not complete their own IMM 5406:

Spouse or common law partner of principal applicant if already Canadian or Permanent Residents
Ex spouse or common law partner of principal applicant
Children of principal applicant who are less than age 18
Children of principal applicant who are married or common law
Children of principal applicant who are 22 years of age or older
Children of principal applicant who are already Canadian citizens or Permanent Residents

If you have created your online profile correctly when setting up your online application for Permanent Residence, the system should have generated IMM 5406 forms for family members according to the above guidelines.

The sponsor in a family sponsorship application does not need to complete their own IMM 5406 as the sponsor must already be a Canadian Citizen or a Permanent Resident in order to act as the sponsor.

Who to include on the IMM 5406 Additional Family Info form?

The IMM 5406 Family Information form asks for details of your spouse or common law partner, your parents, your children and your siblings. When providing this information, you DO need to include details on ALL of these family members, even those who are already Canadian or Permanent Residents.

Be careful not to mix up who needs to complete their own form with who you need to list on your form. Although you need to list a lot of people on your form, very few of them will actually need to complete their own form.

Further note that Canada considers you to have a common law partner if you have lived together in an exclusive relationship for a period of 12 months or longer and you have combined your affairs in much the same was as a married couple. Many countries around the world do not provide formal recognition of common law relationship, and your home country may consider your status to be single, even though Canada would consider your status to be common law. Ensure that you complete the IMM5406 Family Information form using Canada’s guidelines – and be sure to include your common law partner if you have been living together for the 12 month duration.

Common mistakes on the IMM 5406 Family Information form.

Your entire PR application will be returned to you as incomplete if you do not complete the IMM 5406 Family Information form correctly, therefore it’s very important that you carefully consider all of the information required. Some of the common mistakes that we see self-represented applicants make on their IMM 5406 are as follows:

Leaving off children who are Canadian or PR – All of your children must be listed on this form, including biological children, step-children, adopted children, deceased children and missing children.

Leaving off over age children – although your children who are over the age of 21 do not need to complete their own form, and will not be receiving a visa as part of your application, you must still list them as your children on your own form.

Leaving off step-children – your spouse’s children are considered your step-children, and they must be listed on your IMM 5406 Additional Family Info form. Sometimes family situations are a bit complicated, such as when you married later in life and your spouse’s children were grown already when you married – you may not be considered a step-parent for practical reasons in that situation. Our advice is to over declare, and still provide the information as if your spouse’s children are your step-children. IRCC can always disregard extra information if they deem that it’s not relevant, but if you fail to declare the information in the first place, you can run into problems with having your file returned as incomplete or in extreme situations, having to defend yourself against a misrepresentation allegation.

Leaving off deceased relatives– details for all of the listed categories of family members must be included, even those who are deceased, missing or who you are no longer in contact with. If you don’t know all of the requested details, such as current address or email address, provide the details that you do know and indicate ‘unknown” for the details that you do not know. A deceased relative no longer has an address, therefore you must enter in the date of death and location of death (city, country) into the address field. We recommend using the following format:

Date of death: ****/**/**

Place of death: city, country

Providing incomplete addresses – The address that you include for each family member must include enough proper information that a courier package could be delivered to your family member using those details. This includes the exact location of the residence on the street, the street name, city, country and postal code, if postal codes are in use in the country where your family member lives. IRCC will return your application if the address information is incomplete, so pay close attention here. If you are no longer in contact with your relative and do not know their address information, it is fine to put “address unknown – no contact”.

Not including names in native language – Immigration Canada requires that you include the names of each family member spelled in English and in their native language, if that spelling is different than the English spelling. This requirement can sometimes be difficult to fulfill, due to character limits in the online name field. You can always include the names in native language in a separate document and upload it as an attachment in the support docs of the application, or you can also include it in the address section of the form. Just be certain to specify that it is the name in native language, so that it is not assumed to be a part of the person’s address.

Leaving fields blank– ensure that you complete each and every field that the form provides. If one of your relatives does not have an email address, indicate ‘not applicable’ in that section of the form. Likewise, if you do not have any children or siblings, enter ‘not applicable’ in the first field for each of those sections. Leaving fields blank indicates to IRCC that you have not completed the form properly and could result in your application being returned as incomplete.

Lack of details about current occupation - when asked about current occupation, ensure that you provide enough specific information that Immigration Canada will have a good idea what your non accompanying family members actually do on a day to day basis. IRCC needs to be satisfied that your family members are not in prison or working in illegal activities. Terms like working, self-employed, business person, manager or retired do not provide IRCC with enough insight into the activity of your family member. Retail manager, Business owner - retail store, or retired teacher communicate the activities of your family member in a much more complete manner.

Properly completing forms is the simplest part of an application for Permanent Residence to Canada, but as you can see, even the simplest part of the application is more complex than it seems, and crucial to the success of your Canadian immigration plans. The Way Immigration Alberta immigration consultant is available to assist you, either on a consultation basis where we answer your questions, or on a representation basis where we simply take charge of your application for you, to ensure that you receive the approval you need without the stress associated with trying to figure out the application process on your own. Contact our immigration consultant Calgary office today and feel better about your application in minutes.

Buying Property in Canada as a Foreign National

Fri, 10 Nov 2023 16:05:38 GMT

We are often asked by clients and potential clients about the possibility of purchasing a vacation home or retirement home here – which makes sense when you consider our offices are located in southern Alberta, near the spectacular Canadian Rockies. We love it here too!

The rules regarding foreign property ownership were changed recently by the federal government, as of January 1st, 2023. The new rules create restrictions on the ability of non-Canadians to buy homes in Canada.

I’ll take this opportunity to summarize the new restrictions applicable to foreign nationals. These rules are in effect until January 1, 2027 and will be automatically cancelled after that. They are part of the strategy of the Canadian government to increase the overall housing supply for Canadian citizens and permanent residents who are facing severe housing shortages and affordability challenges right now.

The general rule: non-Canadians may not purchase residential property

The general concept is that non-Canadians are prohibited from purchasing residential property within the urban areas of Canada.

BUT there are a great many exceptions. So if you are hoping to buy a house as a foreign national, the key is to assess whether you fit within any of the exceptions. The devil is definitely in the details here! The exceptions are numerous, and precise. We have summarized the main ones in this article to flag possible areas of concern. But you will need to dig much deeper if you are considering such a purchase to establish with certainty that you are clearly eligible. The responsibility rests solely on the purchaser to ensure this, and the penalties for non-compliance can be severe.

When does the general rule apply?

The prohibition applies to non-Canadians purchasing residential property in urban areas of Canada. Before we identify the main exceptions, let’s clarify how these terms are used in the law, called the Prohibition on the Purchase of Residential Property by Non-Canadians Act.

If you fit within these four concepts, this law applies to you:

A. Non-Canadian – Refers to those who are not Canadian citizens or permanent residents of Canada. Therefore, a visitor, foreign worker or international student are all considered non-Canadians when it comes to buying residential property in Canada, even if they are already living here with temporary status . Non-Canadians also include foreign investors or a foreign commercial enterprise, as well as a Canadian company controlled by a non-Canadian.

B. Purchasing – Buying residential property directly or indirectly is prohibited for foreign nationals. But the law does not apply if the foreign national, rather than purchasing the property, acquires it by another means, such as through an estate or divorce settlement.

C. Residential property – The restrictions impact residential properties only. This is defined to include a detached home, semi-detached houses such as a townhouse, a group of up to three dwelling units, a condominium, rowhouses or a similar residential complex that contains less than 4 dwelling units. It does not matter if it is a rental property. Anything outside the definition of “residential property” is not covered by this law. More specifically, foreign nationals are not precluded from buying vacant land, recreational properties such as a cottage or vacation home, business or commercial properties such as an office tower, or large residential complexes with four or more dwelling units such as an apartment building. There is also a development exemption – the law does not apply to or residential property that is purchased for development purposes (above normal repairs).

D. Urban areas – The restrictions apply to homes in cities with over 100,000 population as well as communities with over 10,000 population using census data from Statistics Canada. The law does not apply in a smaller population centre or rural areas. To figure out whether a specific residential property is included in a region covered by the law, there is a tool for this purpose on the CMHA (Canada Mortgage and Housing) website: https://www.cmhc-schl.gc.ca/professionals/housing-markets-data-and-research/housing-research/consultations/prohibition-purchase-residential-property-non-canadians-act

Exceptions

Despite the general rule above, the law will not apply to a foreign national who is:

the spouse or common-law partner of a Canadian citizen or permanent resident purchasing a residential property with their partner
temporary residents who were granted status through fleeing a crisis, including Ukrainian nationals who came to Canada under the CUAET program
a refugee claimant
a diplomat, consular staff or member of an international organization living in Canada

In addition, there are exceptions for foreign workers and foreign students. These temporary residents may purchase a house in an urban area if they meet the conditions applicable to their category below.

Exceptions for foreign workers

A foreign worker may purchase residential property if they:

hold a valid work permit , or other work authorization
are currently working in Canada
have at least 183 days of validity remaining on their work permit at the time of purchase
demonstrate their intent to become a PR, and to settle permanently in Canada
have not purchased another residential property since the prohibition started

Exceptions for international students

A foreign student may buy a residential property if they:

hold a valid study permit
have been in Canada for at least 5 calendar years
were physically present in Canada for at least 244 days in each of the five calendar years preceding the year of the purchase
filed all required income tax returns under the Income Tax Act for each of the five taxation years preceding the year of the purchase
are currently enrolled in a program of authorized study at a designated learning institution
demonstrate the intention to become a PR, and to settle permanently in Canada
have not purchased another residential property during the prohibition period, and
the purchase price does not exceed $500,000.

It is apparent from these conditions that most international students will not qualify to purchase a residential property. Few students have been in Canada for 5 years and still hold a study permit. Plus, most students are studying in Ontario and BC where the average purchase price of a home in urban areas is well over $500,000.

Does buying property in Canada help your immigration chances?

No. The immigration programs do not give preference to those who have purchased residential property. Plus, in the current environment in Canada, it is clear the government is trying to discourage non-Canadian buyers from entering the housing market, so we recommend people wait to purchase property until they become permanent residents. We can definitely help you become a Permanent Resident of Canada!

A consultation with a licensed immigration consultant can help you understand the best pathway to Permanent Residence, as well as how you could become a worker or student in Canada. Once you know your immigration situation, you will be well positioned to discuss if you are eligible to purchase a residential property with a licensed realtor.

Is home ownership part of your Canadian dream? Are you on a clear path to permanent residence? At The Way Immigration, we can assist you as a non-Canadian to obtain temporary resident status to work or study in Canada, and start the process of becoming a Permanent Resident as soon as possible in your circumstances. We have helped thousands of applicants come to Canada with temporary resident status, then convert to PR successfully. Contact our immigration services Calgary office today for an individualized assessment of your situation, and allow us to work with you to create an Alberta immigration path to permanent residence most feasible in your circumstances.

Renounce Canadian Citizenship | How to Renounce & Revoke Citizenship

Sun, 29 Oct 2023 15:09:52 GMT

Although our office usually assists people with acquiring Canadian Citizenship , there are also those who are Canadian and, for a variety of reasons, no longer want to be.

If you are thinking of renouncing Canadian Citizenship, it means that you have decided you no longer want to have any formal connection to Canada. When approved, you will lose all of the rights and privileges of being Canadian and will have the status of a foreign national. You will have to go through the regular Canadian immigration processes in order to travel to, visit, study, work or live in Canada; including applying for Permanent Residence if you want to return to Canada permanently.

What does it mean to be a Canadian Citizen?

A Canadian citizen is someone who has been granted certain rights and privileges by Canada, and who is expected to uphold certain obligations to Canada in return. People are granted citizenship by being born in the country, by being born to Canadian parents (in certain instances), by serving in the Canadian military or by immigrating to Canada as a Permanent Resident and then fulfilling the obligations needed to become a Canadian citizen.

Canadian citizens carry a Canadian passport, can vote in Canadian elections, can run for political office and are guaranteed to be able to enter, live, work or study anywhere in Canada.

Why would someone renounce their Canadian Citizenship?

Indeed, it is possible that someone just doesn’t want to be Canadian anymore. Decisions to renounce Canadian Citizenship may be made on the basis of political beliefs, ideological differences or most commonly, because the individual wants to become a Citizen of a different nation and that nation prohibits dual citizenship. In order to acquire the nationality of a country that you desire to belong to, it may be necessary to give up Canadian citizenship.

In other situations, an individual may wish to run for political office in another country and are forbidden from doing so if they are a dual citizen. Canada does not presently have compulsory military service, so there is no need to renounce Citizenship to avoid military service.

Changes to Canada’s citizenship regulations in 2009 and 2015 mean that some people became Canadian on that date who were not previously Canadian Citizens. This can be problematic for some, especially those who have had no ties to Canada during their lifetime and who may be a Citizen of a country that prohibits dual citizenship.

Canada does not tax it’s citizens unless they are living inside Canada, so renouncing Canadian Citizenship to avoid paying income tax is not as common as it might be for citizens of another foreign government (like United States Citizenship), who have different tax obligations.

Who is eligible to renounce Canadian Citizenship?

In order to be eligible to voluntarily renounce your Canadian Citizenship, you must meet the following criteria:

you have a different foreign nationality, so that you are not rendered stateless when you renounce Canadian Citizenship. You might be a dual citizen, or you might be able to acquire citizenship of a foreign country when you renounce Canadian Citizenship
you are living outside of Canada
you are at least 18 years old
you have the ability to understand the significance of renouncing Citizenship
you are not in trouble, like undergoing revocation proceedings, or considered a criminal or a threat to Canada’s security

How do I renounce my Canadian Citizenship?

There are two different application processes for those who want to renounce Canadian Citizenship. One process is for those who automatically became Canadian citizens due to changes in the Citizenship Act in 2009 or 2015. The other process is for everyone else.

There are two main factors to prove in the application to renounce citizenship – that you are currently a Canadian Citizen, and that you are, or will become, a citizen of a country other than Canada.

The application package consists of a government form to complete along with copies of required documents that must be included as evidence. The exact documents you need to include will vary with each specific situation but generally include some combination of a passport size photo, your birth certificate, your parent’s birth certificate, copies of your ID documents like a driver’s license, documents to show a name change, as well as a foreign passport to show you have an alternate Citizenship. If you have an original Canadian Citizenship certificate, you will also need to return that with the application package.

The form itself is quite confusing, as it is designed to deal with a wide variety of potential situations. You will need to carefully ensure that you have completed all of the sections that apply in your situation, while avoiding those sections that do not apply to you.

How much does it cost to renounce Canadian Citizenship?

The Canadian government will charge you $100 per person as a renunciation fee when you submit your application. If you choose to hire counsel to take care of your application, there will be additional costs to use their services.

How long does it take to renounce Canadian Citizenship?

The standard processing time for applications to Renounce Canadian Citizenship is about 14 months. Urgent processing can be requested in certain situations, but there is no guarantee that Canada will make a decision in any specific timeframe.

What do you lose when you renounce Canadian Citizenship?

Renouncing Canadian Citizenship means that you lose all legal ties to Canada, including the use of a Canadian passport for travel, assurance that you are always going to be allowed to enter Canada, Consular services provided to Canadian Citizens overseas in case of emergency, the ability to work or study in Canada, and the ability to remain inside Canada for as long as you wish. You will also no longer be able vote in Canadian elections, or run for political office. Your children born after your decision to voluntarily renounce will not be entitled to Canadian citizenship.

This means that if you renounce citizenship when you are outside Canada, and then wish to travel to Canada, you will need to apply for an eTA or a temporary resident visa, depending on which passport you retain after you lose your Canadian citizenship.

If my request to renounce is approved, can I still remain in Canada?

Once you are no longer a Canadian Citizen , then you are subject to the usual immigration rules for foreign nationals. That means if you wish to remain inside Canada after you renounce your Canadian Citizenship, you will need to submit a completed application form for a visitor record. You also cannot work or study inside Canada without holding the proper permit.

Can you get Canadian citizenship back after renouncing?

Renouncing Canadian Citizenship is a formal process that results in you severing your legal status with Canada. The only way to undo that process is to start over again with Canada’s immigration process, applying for Permanent Residence, achieving Permanent Resident status and then maintaining enough time inside Canada to qualify for Canadian Citizenship again. If you become a Permanent Resident of Canada, and were previously a Canadian Citizen, then you can make an application to resume your Canadian Citizenship after being physically present in the country as a Permanent Resident for 1 year, and after filing at least 1 income tax return.

It’s important to note that is not easy to qualify for Permanent Residence, and the eligibility rules change frequently; therefore anyone considering renouncing Canadian Citizenship should be content with the idea that the loss of status is likely permanent.

Note that individuals whose Citizenship was revoked cannot apply to resume Citizenship in this way.

What is the difference between renounce and revoke Canadian Citizenship?

Renouncing Canadian Citizenship means that the individual is deciding they no longer want to be a Canadian Citizen and have voluntarily asked the Canadian government to remove their status. Revoking Canadian Citizenship means that the Canadian government has decided they no longer want the individual to be a Canadian Citizen, and they are forcibly taking the status away, regardless of the wishes of the individual.

At The Way Immigration Alberta immigration , we are usually working to help individuals obtain Canadian Citizenship; however, we are also available to assist you in your efforts to renounce Canadian Citizenship if you find that to be necessary. Contact our immigration consultant Calgary office today to set up an appointment and start the voluntary renunciation process.

Temporary Resident Visas from Inside Canada

Fri, 27 Oct 2023 14:33:01 GMT

Most foreign nationals who come to Canada will need either a Temporary Resident Visa (TRV) or an electronic Travel Authorization (eTA) to fly or drive to a Canadian border, depending on their country of nationality. In general, the TRV must be obtained from a visa office outside Canada.

This article explains the process for obtaining a TRV from inside Canada. In many cases, you may travel to Canada with a TRV that then expires while you are still in Canada with a valid work or study permit . You may find yourself wanting to go back home for a vacation, or perhaps have an urgent need to travel due to a family emergency. You will need a valid TRV to return to Canada, even if your work or study permit is still valid.

To be clear, an international student or foreign worker who leaves Canada temporarily can always apply abroad for a new TRV abroad to the visa office serving their country. However, this can make the return trip highly unpredictable, as the new TRV is never guaranteed and the processing time can be uncertain. It is usually preferable to secure a new TRV before you leave Canada, if possible. Even if you have no plans to travel abroad, it is still advisable to keep your TRV up to date in case you need to leave Canada unexpectedly during your stay.

Who needs a Temporary Resident Visa?

Those travelling on passports from certain countries, as listed on the website of Immigration, Refugees and Citizenship Canada (IRCC), will need a Temporary Resident Visa (TRV) to come to Canada. It is important to note that you cannot board a plane with a work permit or study permit only; you need an entry document as well, namely a valid TRV or eTA depending on your country of origin.

A TRV is automatically issued to applicants from applicable countries when their application is approved abroad to visit, study or work in Canada. The TRV itself is a physical counterfoil or sticker inserted into the passport to allow the traveller to board a plane to Canada. It may allow for a single-entry only, or multiple entries within the validity period. You must travel to Canada before it expires.

Once arriving at the Canadian border, it is solely up to border officials to determine whether you will be granted entry as a temporary resident, and for how long. They always have a right to question anyone seeking to enter Canada, even with a valid entry visa, concerning their plans in Canada, the funds available for their stay, etc. They can also check your electronic devices if they wish.

The officer must be satisfied that you are a genuine temporary resident and are admissible. If so, they will issue you a status document such as work permit or study permit which sets out the purpose and length of your stay as a temporary resident.

Where to apply for a Temporary Resident Visa

The general rule is that foreign nationals must apply for a TRV in their home country if they wish to travel to Canada.

But, as indicated above, foreign nationals who are already in Canada will sometimes need to travel abroad when their TRV has expired or is about to expire. Just to note: there is no problem remaining in Canada with an expired TRV as long as you hold a valid work or study permit. The TRV is an entry document and is only needed when you attempt to re-enter.

An in-Canada process to renew TRVs is available through the Case Processing Centre in Ottawa for those who qualify.

Who can apply inside Canada – Workers and Students

Although the general rule is that foreign nationals must apply for a TRV at the visa office serving their own country, there are exceptions for workers and students already in Canada.

International students and temporary foreign workers are the two groups permitted to apply for a TRV inside Canada from inside of Canada. Getting a new TRV before leaving Canada provides assurance they can return to Canada to resume their work or study program without having to deal with the visa office abroad.

It is important to realize that extending a work or study permit in Canada does not automatically result in a new TRV being issued to you (as occurred when you first applied abroad). You must apply separately for the TRV if you are in Canada.

The application process for workers and students

You can apply for the TRV through an IRCC secure online account, which you must create if you do not have one already. Paper applications are no longer accepted unless you cannot apply online due to a disability or other exceptional circumstances beyond your control. Canada Immigration recommends applying at least two months before travel, and not leaving until you have the new visa. We suggest three months, if possible, to be on the safe side.

Once your application is approved, you will need to courier your passport to the Case Processing Centre in Ottawa for insertion of the visa.

The new TRV will be issued with the same expiry date as your valid study permit or work permit. Therefore, if your permit needs to be extended, you must extend it before applying for the TRV, as you will require the new study permit or work permit for the TRV application. You may also need to renew your passport before you can apply to extend your temporary status in Canada.

Visitors in Canada: Must apply through visa office abroad

Only foreign nationals with a valid work or study permit can apply for a new TRV inside Canada. If you have visitor status only, you cannot obtain a new visitor visa from inside Canada. You must apply to the visa office in your home country. Of course, you can apply to extend your visitor status to remain in Canada longer, but if you wish to leave Canada temporarily, and your TRV has expired or is about to expire, you will need to apply for the new TRV abroad.

This often affects minor children who are accompanying a parent who has a work or study permit – the child is usually a visitor. To renew their TRV, an application must be submitted online to the visa post responsible for their country of citizenship. When approved, the passport must be couriered to the Visa Application Centre (VAC) responsible for that visa post to allow the counterfoil to be physically inserted in the passport and the VAC will return it to you.

Documents required for a TRV inside Canada

You can find the application form and the compete document checklist to apply for a TRV inside Canada on the IRCC website.

All applicants must submit the following documents as a minimum:

A valid passport
A valid work or study permit
Proof of employment (for workers), or a recent transcript and proof of enrolment (for students)
Proof of funds ($10,000 for the applicant; $4000 for spouse/partner and $3000 for other family members)

Additional documents may be required depending on your circumstances, such as biometrics if you have not done them in the past 10 years. Medical exams are not generally required if you have been living in Canada for the past 12 months but are required for anyone working in agriculture, health care or education.

Travelling to the United States

A different rule applies to those who travel only to the United States. If you would otherwise require a valid TRV to re-enter Canada, you will not need to produce one if you travelled only to the United States as long as you still have a current status document, namely a valid work permit, study permit or visitor record for Canada.

At The Way Immigration , we would be pleased to assist you to apply for a new entry visa from within Canada. We are familiar with the inside-Canada immigration to Alberta process and can assess your situation to ensure you are eligible, and advise on the forms and documents needed for the online application in your situation, and guide you through the process to apply before leaving Canada if possible. If you or your family members are not eligible to apply for a new visa within Canada, or for any reason find yourself outside of Canada without the necessary temporary resident visa to return, please contact our immigration Calgary office to book a consultation and we would be happy to assist.

Alternatives to Sponsoring Your Parents for Canadian Immigration 2023

Tue, 24 Oct 2023 15:02:30 GMT

Canadian citizens and permanent residents who wish to have their parents join them in Canada must normally apply to sponsor through the Parents and Grandparents Sponsorship Program (PGP) . However, there are caps on the number of applications allowed through this program, and many potential sponsors will inevitably be disappointed.

This article focuses on some immigration alternatives for those who may not be successful via the Parent and Grandparent sponsorship pathway. See our other blogs for information on the parent sponsorship application process and the eligibility requirements such as the required income, supporting documents, undertaking period, application process through the permanent residence portal, sponsorship agreement, etc.

How Parent sponsors are selected

First, it is worth knowing how the Canadian Parent Sponsorship Program works so that you can realistically assess your chances. The Parents and Grandparents program uses a lottery system where Canadian citizens and permanent residents who wish to sponsor their parents or grandparents, and who can financially support them, are invited to submit their details to IRCC. A pool of potential sponsors is created and a certain number of sponsors are then randomly invited to apply each year.

The caps exist because Canada cannot accommodate everyone who would like to have their parents immigrate to Canada. The country’s fiscal budget cannot absorb such large numbers of parents and grandparents who have not paid taxes in Canada, are likely not entering the labour force to work for Canadian employers, and who are usually in need of more health care resources than the average citizen. Thus, the Canadian government established the lottery system, to ensure that some families are able to reunite in Canada without overburdening our public health care system.

Once a year during the intake period, any Canadian citizen or permanent resident interested in sponsoring their parents or grandparents can submit the Interest to Sponsor form to enter the pool. IRCC then randomly selects a certain number – for 2023, it will be 24,200 potential sponsors – and invites them to submit a complete application for their family members, both the sponsor forms and applicant forms. At this point, they also provide proof of their eligibility and submit all required documents like police certificates, etc. IRCC hopes to receive 15,000 complete applications in 2023.

For the 2023 lottery, IRCC has decided not to open the pool to new entrants. In fact, the last time they opened the sponsorship pool was Fall 2020. This year, as also happened in 2021 and 2022, they will draw from those who entered the pool in 2020. This effectively prioritizes those waiting the longest, but unfortunately makes it impossible for anyone else to sponsor their parents this year.

Not selected in the parent sponsorship lottery?

If you’ve never entered the lottery, or you submitted the Interest to Sponsor form in 2020 and have not yet received an invitation — all is not lost. There are a few other ways in which your parent or grandparent may be able to come to Canada. It is worth exploring any other options that may be feasible in your circumstances with an experienced professional, such as a licensed immigration consultant.

The best option for parents and grandparents – the Super Visa

The Super Visa is designed to allow parents and grandparents to visit their adult children in Canada for an extended period. A multiple entry visa is issued either to the date of passport expiry, or for up to 10 years, providing flexibility to leave and re-enter Canada during the validity period.

The length of any one visit has recently increased. Now, the Super Visa holder can stay for a continuous period of five years, upon any entry to Canada – as long as the passport is also valid for more than five years. This lengthy stay on a temporary basis is unique in Canada’s immigration system and is intended to give some relief to families not selected through the sponsorship lottery system.

The good news about Super Visas

The best news is that there are no caps on the number of Super Visas that can be issued. Anyone who qualifies, from any country, has an excellent chance of approval if they file the right paperwork and are admissible. The application process is quite straightforward and relatively quick (a few months or less) and the success rate is very high.

The drawbacks of Super Visas

Of course, as with any immigration stream, there are eligibility criteria for both the sponsor and applicants to meet and not everyone will qualify for a Super Visa. The main eligibility criteria are:

All sponsored parents and grandparents must pass an immigration medical exam . Most will pass this exam, but perhaps not all, particularly if they have a serious medical condition requiring surgeries or hospitalization. Plus, if your parent or grandparent lives outside of a major city, it may be inconvenient to travel to the nearest Panel Physician for the necessary medical exam.
All applicants must purchase medical insurance coverage. The Super Visa allows for temporary visitor status only, so applicants are not eligible for Canadian health care. A minimum of $100,000 in coverage is needed for the first year. Super visa holders must provide proof at the initial entry, and must maintain their health insurance while in Canada and prove that they have valid coverage upon each re-entry.
There are income requirements. The potential sponsor must meet a minimum income test , based on their most recent tax assessment, as proof of their ability to financially support their sponsored family members. The amount of income required will depend on the size of the family, including the sponsor’s dependent children. A spouse or common-law partner (not a sibling) can be a co-signer on the application allowing the couple to combine their income in order to meet the requirement.
Finally, parents and grandparents cannot work in Canada. This is not a problem for most families as they are already retired, which is why the requirement exists for financial support. It is helpful to note that Canada Immigration does not consider it ‘working’ to take care of grandchildren in the home or assist with the cooking, cleaning and household chores. This type of work is permissible and can make it possible for other adults to work outside the home.

The bottom line is this: If a long-term stay is desired for your parent or grandparent, consider the Super Visa first, and take advantage if you qualify.

Other temporary options for parents and grandparents

Regular visitor visas and eTA for parents or grandparents

For shorter visits, the regular Visitor Visa or eTA will be sufficient to obtain temporary status. This option might suit parents or grandparents who wish to stay for a brief period on any given trip, and perhaps make multiple trips in and out of Canada. Each entry to Canada allows the traveller to stay for up to 6 months, and it is always possible to apply for an extension of stay once you are in Canada.

No medical exam is usually required, until an application is made to extend for a stay longer than 6 months. Medical insurance is also not essential, although travel insurance is always advisable for visitors to Canada, as any unexpected need to use the medical system can be very costly.

Work permit for parents or grandparents

If your parent or grandparent does plan to work outside the home, a Work Permit is available if they qualify in the same manner as any other temporary foreign worker. This usually requires a Canadian employer to obtain permission to hire a foreign worker, and your parent or grandparent must be qualified to work in the position offered. Note that there are usually no age restrictions imposed on the hiring process in Canada. If someone is willing and able to do the job, Canadian employers are usually not concerned about how old they are.

Study permit for parents or grandparents

Also, in theory, a Study Permit is an option, even for older adults – but it is necessary to demonstrate why it makes sense for the applicant to return to post-secondary studies at this point in their life, why they need to study in Canada as opposed to their home country, and how they are going to improve their career opportunities by studying in Canada. Although not impossible, these factors can be difficult to address convincingly when the applicant is nearing the end of their working years. Studying as a foreign student is also very expensive – you can expect to pay at least twice the tuition that a Canadian citizen or permanent resident would pay.

Permanent resident options for parents and grandparents

Outside of the parent and grandparents sponsorship lottery, there are other pathways through which your parent or grandparent may qualify for Permanent Residence in Canada.

Economic options for Permanent Residence

Permanent residence in Canada can be applied for by any applicant who meets the normal economic streams in Express Entry or the Provincial Nominee Programs or other existing pathways. This includes parents and grandparents.

Depending on your parent’s situation and location, they may be able to qualify for permanent residence on their own as economic immigrants. A licensed professional can help you assess this, but keep in mind it is relatively rare for older adults to qualify for economic immigration – for one thing, many of these programs are points-based, with age points heavily favouring younger applicants.

Humanitarian and Compassionate applications for parents

There is always lots of chatter online about permanent residence applications based upon Humanitarian and Compassionate grounds (H&C) . It is true that anyone can apply, under any circumstances, with virtually no eligibility requirements to meet (like work background or language ability). Every case is considered on its own merits, but it is important to understand that H&C applications have a high rate of refusal.

Anyone considering this option needs reliable information on your actual chances of a successful H&C application before investing the time, money and hopes going down a pathway that may not ultimately work for you. A professional assessment is strongly recommended, as everyone’s situation is different.

The H&C application can be made at a visa office outside Canada to bring a parent or grandparent from abroad on Humanitarian and Compassionate grounds, or the application can be made inside Canada if the person is already here and wishes to stay permanently.

H&C applications made outside Canada

Considering parents outside Canada first, we can say from experience it is next to impossible to succeed on an H&C application for parents or grandparents filed at a visa office outside Canada. In fact, these approvals are so rare that you should obtain a second opinion from a reputable practitioner if this option is suggested for your parent or grandparent (perhaps at great cost).

A common reason put forward in these overseas cases is that the Canadian resident is the only person able to provide care for an aging parent who may otherwise be alone in their own country, for example, after the death of their spouse. While we understand the difficulties of having an aging parent on the other side of the world, please remember that it is very, very rare for these types of cases to be approved.

H&C applications made inside Canada

For parents or grandparents already living in Canada, perhaps for several years with temporary status or even being out of status, there can be strong arguments made for allowing them to become a Permanent Resident on humanitarian and compassionate grounds. For instance, they may be fully established in Canada, and no longer have any support system abroad. Or the best interests of the grandchildren might be detrimentally affected if their grandparents must leave, given the strong bonds between them.

Such H&C cases are sometimes approved, although frequently only following a court challenge to an initial refusal by the officer. You can expect an uphill battle even on very sympathetic cases, for the simple reason that officers are reluctant to approve them as they are concerned about fairness to all.

In general, your situation must be very unusual to expect to succeed. Ask yourself the question that will be foremost in the officer’s mind: “Why should this parent or grandparent be given special preference over everyone else’ s parent who also wants to be in Canada?” The situation must be one that brings a tear to the eye of a disinterested party if there is any chance of success. In our experience, successful H&C cases usually entail circumstances that most Canadians, upon hearing the story, would heartily agree that an exception should be made for the family.

If you believe you fit in this category, an experienced professional can provide an opinion on the chances of success. We always recommend hiring counsel for an H&C application, as a professional will devise the best strategy with the strongest possible evidence and submissions. Not only will this increase your chances of success but, in the event of a refusal, a strong initial case has laid the groundwork for a successful court challenge if the officer’s decision appears unreasonable. Officers must be reasonable when making decisions, considering all the evidence before them, but you should be prepared to commit significant time and financial resources to these types of cases.

A final word of caution about applying for H&C

Although many non-professionals will encourage an applicant to file an H&C application, few understand the ramifications of doing so. Once you have filed an H&C application, and are not successful, IRCC is not likely to allow the applicant back into Canada in the future.

Therefore, it is important to know that, if you file an H&C application (inside or outside Canada) which is rejected by an officer, your parent or grandparent is highly unlikely to be approved for any kind of temporary visa to travel to Canada again in the future – including the Super Visa, the regular visitor visa or an eTA.

There are many different avenues for you to have your parents or grandparents join you in Canada, with pros and cons in each instance. The common factor is that you must be willing and able to provide financial support to the sponsored person while they are staying with you in Canada.

At The Way Immigration we have assisted hundreds of families with obtaining Alberta Canada immigration status for parents and grandparents in Canada, both through temporary avenues to enter Canada like the Super Visa or permanent residence through the Parents and Grandparents program. We can assist those parents or grandparents who may already be in Canada and wish to extend their temporary status or assess their chances of a successful permanent residence application. Please contact our Alberta immigration office to book a consultation today.

Alberta Opportunity Stream (Alberta AOS)

Fri, 12 May 2023 07:57:00 GMT

The Alberta Opportunity Stream is a Provincial immigration program operated by the Alberta Advantage Immigration Program , for those who are working inside Alberta with specific types of work permit. It is designed to enable Alberta employers to retain qualified foreign workers who are already employed with their business. Eligible candidates can apply directly to Alberta once eligibility criteria are met, without needing to wait for any invitation from Alberta.

The main advantage of the program is that eligible candidates can apply directly, there is no pre-screening Expression of Interest system for this program.

The main disadvantage of the program is that only certain types of work permits are eligible.

Who is eligible for Alberta Opportunity Stream?

Foreign nationals who are working in Alberta with one of the following types of work permits are eligible to apply for Provincial nomination under the Alberta AOS program:

a work permit issued because of an LMIA
an LMIA exempt work permit under these categories:
International Trade Agreement
Intra company Transferee
International Experience Canada ( Working Holiday , Young Professional or International Co-op)
French Mobility Program
Religious Worker under R205(a)
Open work permit for vulnerable workers or their family members
Post Graduation Work Permit – Alberta Graduates only
Open work permit for Hong Kong recent grads, or Ukrainians

This means that other types of work permit holders are not eligible to apply for AAIP AOS, most notably, those who have an open work permit as a family member accompanying a work or study permit holder.

Minimum Requirements for Alberta Opportunity Stream

Those who hold the proper type of work permit, are also required to meet the eligibility criteria listed below

Occupation requirements for AOS

There is a list of occupations that are excluded from the Alberta Opportunity stream. Foreign nationals working in all other occupations are considered eligible for AOS. Ensure that you check the eligibility of your occupation on the AAIP AOS website .

Language requirements for AOS

Applicants can choose to be tested on either English or French proficiency, but must achieve at least a CLB 5 if working in a Teer o, 1, 2 or 3 occupation or a minimum CLB 4 if working in a Teer 4 or 5 occupation.

Language test results must be valid at the time of application, which means the test was taken less than 2 years before the date you submit your AOS Application to Alberta.

Education requirements for AOS

All applicants, except for post grad work permit holders, are required to provide a valid Educational Credential Assessment that shows they have completed an education level that is equal to a Canadian High School diploma.

Post graduation work permit holders, who graduated in Alberta, do not need to provide an Educational Credential Assessment but do need to show that they attended one of the eligible publicly funded institutions and achieved one of the following credentials:

post-diploma or post-degree certificate (min 1 year)
min 2 year diploma
Bachelor’s degree
Graduate level degree, certificate or diploma

Work experience requirements for AOS

The work experience requirement takes into account the job that you are currently working in for an Alberta Employer. This is called your current occupation in Alberta. When submitting your Alberta Opportunity Stream application, you must show either:

at least 12 months of full time work experience in your current occupation in Alberta within the past 18 months, OR
at least 24 months of full time work experience in your current occupation, within the past 30 months, anywhere in the world

If you are a post grad work permit holder, you need to show only 6 months of work experience within the past 18 months, but your current occupation must be related to what you studied in Alberta.

Work experience must meet the following criteria:

full- time, for a min of 30 hours per week
you must have had valid immigration status if you were working inside Canada
you cannot count work experience that was gained while you were a full time student, except if you have a PGWP and you had a paid co-op placement as part of your study
you must have any application licenses to work in your occupation in Alberta, including a valid trade certificate from Alberta Apprenticeship if working in a compulsory trade in Alberta

Eligible Job Offer for AOS

“A job offer, from an Alberta employer, must be included with an application under the Alberta Opportunity Stream. The Alberta employer must have some form of government registration, such as incorporation or CRA registration, and must have a place for employees to report to work in Alberta.

The job offer for AOS applications must provide:

continuous, paid work (non-seasonal)
working hours of at least 30 hours per week (full-time)
employment for 12 months or more
duties that match your current occupation
wages that were approved in your LMIA, or if you are LMIA exempt, wages that exceed the lowest starting wage for your occupation in Alberta . Note wages for religious workers have to meet minimum wage.

You are ineligible for the Alberta Opportunity Stream, if any of the following apply to your job offer:

part-time, casual or seasonal employees (no matter how many hours are worked)
if you are working as a contractor, self-employed as well as temporary agency workers
employees who work in a home-based businesses (not zoned for commercial or industrial operations)
remote workers who are not physically present at their jobsite in Alberta

How to Apply for Alberta Opportunity Stream

The first step in creating an Alberta Opportunity Stream application is to register for an Alberta.ca account . You will use your new account to access the AAIP application portal to prepare and submit your AOS Application online.

The AAIP Portal is an online system that requires applicants to enter biographical and employment details into online forms, and then upload supporting documents as evidence. Before starting the application, it is important to review the most recent version of the AAIP Alberta Opportunity Stream Document Checklist , and cross reference with the AAIP website to ensure that you have adequately addressed all of the requirements in your application package.

Once the completed application package has been submitted, the applicant must pay the $500 application fee to the AAIP. A receipt will be issued by email to show that the payment has been successful and the application has been submitted.

What Happens after I apply for AAIP?

Nothing will happen for quite some time after applying for the Alberta Opportunity Stream. It normally takes between 3- 4 months for Alberta to start work on the application. The first sign will be an email to either the applicant, or the employer, or both. The Alberta employer is always contacted to confirm that the applicant is still working in the same position, and to verify certain details like any days taken off by the worker. The applicant is sometimes contacted to provide additional payslips, or an updated work permit if necessary.

Decisions are usually made quickly once the AAIP officer receives the response to their enquiries, and a Nomination Certificate is sent via email within 24-48 hours. In more complicated employment scenarios, it can take a week or two to hear back from the officer with the decision.

Once nominated, the applicant has 6 months to submit a complete application for Permanent Residence to IRCC under the Provincial Nominees Category. After nomination it is also possible to apply for another work permit, either as a Provincial Nominee with a 204(c) letter from Alberta and an e-job offer from your employer; or a Bridging Open Work Permit once the file number from your application for Permanent Residence has been issued.

Important Considerations for the Alberta Opportunity Stream

There are several important factors to take into consideration when planning an application under the AAIP Alberta Opportunity stream.

You must have a valid work permit at the time you apply for AOS, and at the time the officer assesses your application. You cannot apply to extend your existing work permit on the basis of your application to Alberta, and you will be refused if you do not have a valid work permit at the time the officer assesses your file. Implied or maintained status is only considered if you have an approved Labour Market Impact Assessment (LMIA) and you are waiting for IRCC to make a decision on your new work permit application. Restoration status is not considered eligible for AAIP.

You must be able to demonstrate that you have consistently worked at least 30 hours per week during your period of eligible work experience and up until the time the officer makes a decision on your application. Do not take more than 3 weeks off during your eligibility period, or you risk being refused with Alberta stating that you only work on a part time basis. It does not matter how many hours of overtime you worked during the year, you are expected to work full time for each week that you count as your eligibility period.

Foreign students who hold a post grad work permit but studied in a different Canadian province are not eligible to apply for the Alberta AOS pathway, even if you are currently working in Alberta. In that situation, your only option is to gain a Notification of Interest from Alberta through the Express Entry system, or ask your employer to obtain an LMIA for you so that you can obtain an LMIA based work permit .

If you are applying under the AAIP AOS, you need to plan to remain working in Alberta until you become a Permanent Resident. It’s also best if you can remain working in the same job, with the same employer that participated in your nomination process. As a Provincial Nominee, anytime that you change jobs between receiving your nomination certificate and obtaining Permanent Resident status, you are obligated to notify Alberta of the change, and there is a chance that the Province will not approve (and cancel your nomination certificate).

What is the difference between Alberta Opportunity Stream and Alberta Express Entry Stream?

The major difference between the AOS and Alberta EE pathways is that eligible candidates can apply directly to Alberta through the AOS stream once they have the required work experience. The Alberta Express Entry stream is more outside the control of the applicant, because the only way to apply for Alberta EE is to first receive an invitation from Alberta. The candidate has no control over whether or not Alberta decides to invite them.

Other differences include the requirement to be eligible under Express Entry. Alberta immigration AOS candidates do not need to have a valid Express Entry profile, whereas the only way to participate in the Alberta Express Entry program is to start with an Express Entry profile.

What is a Valid Job Offer for Express Entry?

Mon, 08 May 2023 09:00:00 GMT

If you have a valid job offer with a Canadian company, you can obtain extra Comprehensive Ranking System (CRS) points for Arranged Employment through the Express Entry system for immigration to Canada. However, it’s not enough to have a Canadian company that wants to hire you – not all job offers qualify you for Arranged Employment points. There are specific factors associated with any Express Entry job offer that need to be in place for the extra CRS points to be awarded.

Only certain types of employment situations actually qualify for the additional Express Entry CRS points associated with a Job Offer. There are two main factors that make your Canadian job offer valid for Express Entry – the type of employment situation and your NOC code .

Types of employment situations that qualify as a valid job offer for Express Entry include:

A work permit that is based on a Labour Market Impact Assessment (LMIA) is a valid job offer for Express Entry.
A dual intent Labour Market Impact Assessment, even if the work permit has not been issued yet, is valid job offer for Express Entry as long as you apply for PR while the LMIA is still valid.
An employer specific work permit that was not based on an LMIA, but falls within certain categories is a valid job offer for Express Entry as long as you are working for the employer specified on the work permit and you have been with that employer for at least one year.

How Does my NOC Code Affect Arranged Employment points?

If your qualifying employment situation is a NOC code 00, then you will be awarded 200 Express Entry CRS points for Arranged employment. If your qualifying employment situation is within any of the other NOC codes, including Teer 0, 1, 2 or 3, you will qualify for 50 Express Entry CRS points for Arranged Employment.

It’s important to note that only Senior Management Positions qualify for 200 CRS points for Arranged Employment. Individuals in a senior management role typically hold titles like Vice President or CEO, and oversee departments that are run by middle managers. If you are in a managerial role but it is not Senior Management, then you will receive 50 CRS points as a NOC 0 role.

How Should I Answer the Express Entry Question “Do You have a job offer in Canada?”

This is one of those tricky nuances that Express Entry is famous for. If you are working in Canada, but your employment situation is not one of those listed above that qualifies you for the bonus Arranged Employment points, it is still a good idea to answer Yes when Express Entry asks if you have a job offer in Canada. The reason for this is that many Provinces use this question as a mechanism to determine whether or not they are interested in extending a Notification of Interest to you. If you are working in their Province and indicate elsewhere in your profile that you are interested in living there, you have a higher chance of being considered for an NOI.

Answer the remaining questions in that section of your profile carefully to ensure that you don’t accidentally get additional points for Arranged Employment in your Express Entry profile. If you are on an open work permit , for example, you should answer NO to the question that asks if the employer is named on your work permit. The additional questions are designed to determine who actually qualifies for the Arranged Employment Comprehensive Ranking System points and who does not.

What Do I need to provide as evidence of Arranged Employment for Express Entry?

Evidence of Arranged employment consists of a Job Offer with specific details plus documents that demonstrate your employment situation – you need to include both with your Express Entry support documents to demonstrate that you deserve the Arranged Employment points you have been awarded.

The Job Offer letter for Express Entry

There are specific criteria that IRCC requires in a job offer letter for Express Entry . A letter must be issued by the Canadian employer following the format outlined below:

Print the letter on company letterhead and include the following details:

applicant’s name
company’s contact information (address, telephone number, email address)
name, title, signature of the company contact
expected start date for position
statement that the position is continuous, full time, and non-seasonal and the job offer is for at least one year after the employee becomes a permanent resident
job title and duties
number of hours per week
annual salary plus benefits
signature from both employer and applicant (employee)

Note that this should be a new letter created specifically for your Express Entry application. Most standard employment contracts do not include all of the essential elements requested by IRCC; and employment contracts that you have signed previously are likely too old to be useful for your current application.

What do I upload for Arranged Employment if I didn’t get any CRS points for a Job Offer?

If you did not receive any CRS points for Arranged Employment but still have an upload field for AE showing in your Express Entry document checklist because you said yes to the job offer question, you can upload a notice in that section that simply states “No points were awarded for Arranged Employment, therefore no job offer documents are provided.”

Arranged Employment vs. Employment Records for Express Entry

If it is your current job that makes you eligible for Arranged Employment points for Express Entry, then you will need two separate letters from your current employer – a job offer letter and a reference letter . The main difference is this – the job offer letter says what is going to happen, the reference letter says what has already happened.

For example, a very simple reference letter would say something like this, “Please be advised that this applicant has been working (or did work) for our company in this position, during this period of time, doing these duties, on a full time basis and was paid this amount.” It is signed by the employer only and serves as a historical record of what has taken place to date.

A sample job offer letter for Express Entry, on the other hand, would say something like this, “We are pleased to provide this job offer to you for this position, starting this date, doing these duties, on a full time basis and you will be paid this amount. If you agree, please sign below.” The job offer letter is signed by both the employer and the applicant and serves as a contractual agreement of what is going to take place.

How to get Arranged Employment in Canada

Finding a Canadian job offer from overseas is not an easy matter, but it is possible to arrange, and thousands of people do so each year. The first step is to find a Canadian employer that is willing to hire you, and then decide what kind of permission they will need to hire a foreign worker. Depending on the type of job offer and your nationality, the employer may need to obtain a Labour Market Impact Assessment , submit an e-job offer through the IRCC employer portal, or get permission from a Province to hire a foreign worker through the Provincial Nominee Program. Once the employer has obtained the permission that is necessary depending on your situation, then the applicant will either apply for Permanent Residence from overseas, or apply for a work permit from overseas and submit the application for a Permanent Resident visa once working in Canada.

There are two different options in terms of LMIA process for Express Entry – the LMIA for Permanent Residence only and an LMIA that also enables a work permit application. The major differences are as follows:

LMIA to Support Permanent Residence Only:

No government fee paid by the Canadian employer
The worker must use the LMIA to apply for Permanent Residence before the expiry date of the LMIA
The worker cannot obtain a work permit using this LMIA

LMIA for Work Permit or Dual Intent LMIA

The Canadian employer pays $1000 per worker government fee
The worker can obtain an LMIA based work permit
The worker can apply for Permanent Residence before the expiry date of the work permit that is issued on the basis of this LMIA

Certain types of employment situations that involve workers from specific countries can qualify for LMIA exempt job offers. In these situations, the Canadian employer is required to submit an e-job offer through the IRCC employer portal and the worker will have a work permit with the employer listed, as well as the location of work and the the job title.

An Express Entry job offer is one of the most frequently confused aspects of the Express Entry Program. Contact The Way Immigration consultant Calgary today to ensure that your Express Entry process for Canadian immigration is properly managed, so that you have the best chances to obtain the Canadian Permanent Resident Visa that you are hoping to achieve. Your application needs to be perfect at the time you submit it – Immigration, Refugees and Citizenship Canada will not help you correct issues with your application after you submit it.

Spousal Sponsorship or Express Entry

Tue, 02 May 2023 05:43:00 GMT

Sometimes prospective immigrants to Canada will meet the criteria for more than one program and need to decide which pathway is the better option to apply for Permanent Residence in Canada . Most often, this dilemma applies to foreign nationals who are in a relationship with a Canadian but also meet the criteria for an economic immigration application, like Express Entry or a Provincial Nominee Program. The best pathway for each applicant will be different due to unique personal circumstances; however, these are the main considerations when pondering your best option to apply for Permanent Residence in Canada.

Timeframe to meet eligibility requirements

There are always eligibility requirements for every application stream and taking into account how long you have to wait before you can apply for Permanent Residence is a key consideration. I always advise clients to apply for Permanent Residence in Canada at the earliest possible opportunity, because Canada’s immigration rules change constantly, and you could find that something changes and you are no longer eligible to apply.

When considering a sponsorship on the basis of your relationship to a Canadian, consider how long it will take before you are either married or you meet the common law definition of residing together for a minimum of 12 months consecutively.

An economic application often requires that you work in Canada for a specific period of time – usually 12 months.

Hassle

Economic applications always require that you take a language test and have your education assessed according to Canadian standards. These language tests and educational assessments are expensive and a bit of a hassle to obtain. Sometimes you need to travel to the testing center or wrestle with the University that you attended years ago to have your records sent to Canada.

Spouse or common law partner sponsorships do not require any kind of language test or educational assessment, but you will need to compile an evidence package that details your relationship with your Canadian spouse or partner, including photos, letters from friends & family, and evidence that you have combined your affairs like any normal couple.

Cost

Economic applications are more expensive than sponsorships. The language test and educational credential assessment cost several hundred dollars each plus the IRCC fees for economic applications are higher than for family sponsorship. In addition, if you are considering a Provincial Nominee program , most of them also require payment of a fee to apply.

IRCC application fees for Express Entry or Provincial Nominee applicants

Principal applicant processing fee: $850
Accompanying Spouse or Common Law partner: $850
Accompanying dependent child: $230 each
Right of Permanent Residence Fee: $515 each adult

IRCC application fees for Spouse or Common Law Sponsorship

Principal applicant: $565
Accompanying dependent child: $155 each
Right of Permanent Residence Fee: $515 each adult

Settlement Funds

You will be required to demonstrate settlement funds for some economic applications, but not for Spouse or Common Law Partner sponsorship. However, you need to ensure that your partner is eligible to sponsor you – and some of the sponsor criteria include finances.

Is your partner an Eligible Sponsor?

Ensuring that your spouse or Common law partner is eligible to sponsor you is crucial before deciding whether to proceed with an application for PR via a sponsorship pathway or an economic pathway.

Some of the common reasons that a Canadian Citizen or Permanent Resident may not be eligible to sponsor a spouse or common law partner include:

Undischarged bankruptcy
Presently collecting welfare payments from the provincial government
Past criminal record for domestic violence
They were sponsored themselves for Permanent Residence within the past 5 years

This list is not exhaustive but represents the most common reasons a Canadian may be ineligible to sponsor their family member. If any of these factors apply to your potential sponsor, an economic application is going to be your only option.

Processing Times

Each application stream has a different processing time and different rules regarding the options you have in Canada while you want for your PR application to be finalized. It is important to consider not only the time it will take from when you submit your application to when your Permanent Residence is approved, but also what you want to be able to do during that time. You may have a work permit that you need to extend, or you may want to obtain your first work permit in Canada while waiting for your PR application – there are different options available depending on your current situation and which application pathway you choose. An economic PR application will allow you to extend your existing work permit if you meet certain deadline, whereas a spouse or common law partner sponsorship submitted inland will permit you to apply for your first work permit.

Ongoing Commitments

Some applications for Permanent Residence in an economic pathway require that you maintain your job or live in a certain province until after you become a Permanent Resident. Spouse or Common law partner sponsorship applications require that your relationship remains intact until after you become a Permanent Resident. It becomes a question of whether you have more confidence in your employment or in your relationship lasting the several months it will take for your application to be processed. In addition, a sponsorship application requires that the sponsor remain financially responsible for the sponsored parties after they achieve permanent residence. All of these factors need to be balanced when considering the best pathway forward to Permanent Residence.

Medical Admissibility

You are required to demonstrate medical admissibility in economic PR applications, but not in family sponsorship applications . This means that if you, or any of your dependent children, have a serious medical condition or a developmental delay, your only option to achieve Permanent Residence may be a spouse or common law partner sponsorship application.

Can You Apply for Express Entry and Sponsorship at the Same Time?

Yes, you can apply for both Express Entry and Family Sponsorship at the same time, but why would you want to? You are paying double the fees, doing twice the work – and in the end you will only get Permanent Residence once. Why not just pick one application stream and do it properly?

At The Way Immigration, we regularly help our clients assess the best application pathway taking into consideration all of the specific factors that are unique in every client situation. If you are wondering what your best pathway to Permanent Residence in Canada is, contact our office today to arrange a meeting with one of our Calgary immigration experts.

What is an eTA Application for Canada?

Mon, 13 Mar 2023 07:41:00 GMT

Electronic travel authorization is a mandatory pre-screeing process that assesses the eligibility of travelers from certain countries to enter Canada. It is not a visa, but rather a digital authorization that is electronically linked to your passport and provides commercial airlines with assurance that you will be permitted to enter Canada upon arrival.

Who needs a Canada eTA?

All visa exempt foreign nationals, with the exception of American citizens, must apply for, and receive, an eTA before travelling to Canada on a commercial airline. Visa exempt countries are typically those who have a very similar standard of living to Canada – such as the United States, Great Britain, Japan, etc. When checking in for a flight to Canada, the airline will scan your passport to ensure that you have an approved eTA connected to your passport. If you do not have an approved eTA, you will not be permitted to board the airplane.

How much does a Canada eTA cost?

The electronic travel authorization for Canada costs CAD $7. Watch out, because there are all kinds of websites that have styled themselves to look like official Canadian government sites, and who will charge significantly more than the official $7 fee. It’s not just the extra expense that you need to be concerned about, but the fact that you are giving highly personal information to a website that is not the government of Canada.

How Do I Get My Canadian eTA?

You must apply online for an eTA, with the official application site for the Canadian eTA found here . When making your application, you will need a valid passport, a credit card and a valid email address. The instructions to apply for the eTA are available in several different languages.

It is really important to double check the passport number that you enter during the application process. If you input the wrong passport number, your eTA will not be linked to your actual passport and you won’t be able to board your flight at the airport.

How Long Does it Take for Canada eTA to be Approved?

Normally eTA’s are approved quickly – most within minutes – and the applicant is notified by email of the approval. When there is a delay in receiving your eTA, the first thing to do is check your junk mail folder, as the approval email may have landed in there. If you don’t find the approval email in there, it is likely there is a delay in issuing your eTA due to an issue with your application. There are several reasons that an eTA could be delayed, including incorrect information provided in the application or the existence of a criminal record. In those instances, a Canadian immigration official will contact you, within 72 hours, to verify the pertinent information before deciding whether or not to issue an eTA.

How long does eTA Canada Last?

Once approved, your eTA will be valid for up to five years, or until your current passport expires, whichever period is shorter. The eTA approval email will notify you of the expiration date for your eTA, so that you know when you will need to make a new application.

How Long Can I Stay in Canada with an eTA?

It’s important to note that an eTA simply allows you to board an aircraft to Canada, it doesn’t guarantee that you will be allowed to enter Canada and does not provide any specific permission in terms of your stay in Canada. If you have travelled to Canada using an eTA, and entered as a visitor, you are legally allowed to remain in Canada for a maximum period of 6 months or until the date that Canada Border Services Agency (CBSA) imposed upon entry. If CBSA has given you a length of stay that is different than the standard 6 months, they will have written the date underneath the entry stamp in your passport, or they will have issued you a visitor record with an expiration date.

Do Canadians Need to Apply for an eTA?

Canadian citizens and Permanent Residents cannot receive an eTA. One of the application questions for the eTA asks whether the applicant is already a Canadian citizen or Permanent Resident and if the answer is yes, the eTA process is halted at that point.

In some instances, Canadian Citizens who do not have a valid Canadian passport or Permanent Residents who do not have a valid PR card can be tempted to apply for an eTA using the passport from their country of origin. It’s important to note that it is considered misrepresentation to provide a false answer to a question when applying for an eTA – and the consequences of misrepresentation for a Permanent Resident can mean the loss of your Canadian status. It’s better to just obtain the proper documents in order to travel back to Canada, no matter how long it takes.

If you are a Permanent Resident overseas and have not met your residency requirement but want to be able to travel to Canada as a visitor, you will need to include an application to renounce your Canadian Permanent Residence status with the eTA application. If that is done, Immigration, Refugees and Citizenship Canada will first revoke your PR status, and then proceed to issue an eTA that is electronically linked to your passport.

The Way Immigration is a leading Canadian Immigration firm, based in Calgary, Alberta . Since 2008, we have been assisting clients from all over the world to achieve their Canadian immigration goals. Contact our Alberta immigration consultant office today to determine how you can achieve the Canadian immigration result you need.

Visitor Visa to Work Permit Canada

Mon, 13 Mar 2023 07:32:00 GMT

Important Update (August 28, 2024): Policy No Longer in Effect

Please note that the temporary public policy allowing visitors in Canada to apply for a work permit from within the country has been officially terminated by IRCC as of August 28, 2024 . This policy was originally introduced in August 2020 and had been extended several times, most recently until February 28, 2025. However, it was ended early. Any applications submitted on or after August 28, 2024 , must follow the regular process and be submitted from outside Canada.

The information below is based on the policy before it ended and is for reference only. If you're currently in Canada on a visitor visa and wish to apply for a work permit, please consult updated IRCC guidelines or speak with an immigration professional.

Immigration, Refugees and Citizenship Canada (IRCC) introduced many changes to its policies during the COVID pandemic in an effort to address some of the issues created by the inability to cross borders. One of those changes involved the ability of visitors to apply for a work permit from inside Canada.

Can Visitors Work In Canada?

One of the COVID-related changes introduced by the federal government was the ability for visitors already in Canada to apply for work permits. This temporary public policy has recently been extended until February 2025. Of all the new special measures introduced during the pandemic, the ability to change status from visitor to worker was the one that caused the most confusion in the general public, and continues to do so. In this article, we address some common misconceptions about these special measures and explain how this temporary policy works, and why.

What Does a Work Permit from Within Canada Mean?

The Regulations under the Immigration and Refugee Protection Act (IRPA) set out who can apply for a work permit from inside Canada – generally speaking, it is those who already have a work permit or a study permit for Canada, and does not include visitors. Under normal circumstances, visitors in Canada need to apply for an initial work permit from outside the country – which could either mean at a US visa post or at the visa post serving their home country.

It is important to be clear about what it means to apply for a work permit from inside or outside of Canada. The terms do not refer only to the location of the individual, but also the location of processing. Applying from inside Canada means that the individual is present inside Canada and is applying to CPC Edmonton for a change in their status. For example, a visitor is requesting a valid work permit . Applying from outside Canada means that the application will be processed at a visa office outside of Canada. However, the outside-Canada application can also be submitted when the person is physically present in Canada. In other words, it can apply to a visitor with valid status seeking to change their status to be able to work. We consider this option of applying abroad below, because sometimes it is quicker than applying inland.

Applying to Work while in Canada as a Visitor - The Process

As we have seen, a new policy was introduced during the pandemic which enabled visitors inside Canada to apply for a work permit from inside Canada. To understand the effect of this change in policy, it’s important to understand the process behind both types of work permit applications – inside and outside.

The process to apply for a work permit inside Canada is to submit an online Application to Change Terms and Conditions (IMM 5710). Temporary residents with valid visitor status applying to work without leaving Canada can use this process. The application will be processed in Edmonton and if approved, a paper work permit will be mailed to the Canadian address indicated on the application form. As part of this application process, the applicant needs to show that they currently have valid immigration status in Canada. If you have family members accompanying you inside Canada, ensure that you also submit an application to extend their stay as well.

The process to apply for a work permit from outside of Canada is to submit the Application for Work Permit Made Outside of Canada (IMM 1295). The application will be processed in one of the following locations: the visa office responsible for the applicant’s current country of residence, the visa office responsible for the applicant’s country of origin, or a US visa office if the applicant has valid temporary resident status inside Canada. If the application is approved, the applicant will receive a work permit approval letter from IRCC and they will need to travel to one of Canada’s borders (land or airport) in order to receive the paper work permit.

What the COVID Special Instructions Accomplished

As indicated, the temporary policy change allowed those already in Canada with visitor status to apply for an initial work permit because the borders were closed to this type of traffic during the pandemic. Canada preferred to simply mail the approved work permit to applicants already in Canada, rather than have them travelling to land borders when such travel was discouraged.

This is the biggest change in the policy that allows visitors to apply for work permits. The work permit is mailed to the applicant inside of Canada instead of being printed at the port of entry. The policy does not enable visitors to simply start work in Canada without a work permit as is commonly assumed.

Converting Visitor Visa to Work Permit - The Criteria

Visitors applying to change from visitor status to a work permit will need a valid job offer from a Canadian employer in order to apply for an employer-specific work permit. ( Open work permits are not usually an option). Obtaining a job offer is the most difficult part of obtaining an employer-specific work permit in Canada, and nothing about this changed with the new policy.

In most cases, the Canadian employer will need to obtain a Labour Market Impact Assessment (LMIA) to hire a foreign national, including foreign nationals who want to change from visitor to temporary foreign worker. The employer must be able to prove they are facing significant labour shortages in the Canadian job market to justify hiring foreign workers to fill their positions.

To obtain the LMIA, the employer must first advertise the position locally for 4 weeks, and then submit an application to Service Canada requesting approval to hire a temporary foreign worker. The overall LMIA process takes approximately 3-5 months and the visitor will not be able to apply for a work permit until the LMIA has been approved. It’s important to pay attention to the expiry of your temporary resident status in Canada during this time, and submit an extension of your visitor status, if needed, in order to remain in status until you can apply for the work permit.

In order for the work permit to be approved, you will need to show you are qualified for the job being offered to you. The Labour Market Impact Assessment application includes details like minimum education requirements, language abilities and how much prior work experience is required for the job. Of course, the job requirements will vary based on the specific employer and position. Your work permit application must include all supporting documents that prove you meet the eligibility criteria specified in the particular LMIA. You also need to show how you have been supporting yourself inside of Canada without working illegally, by providing evidence of your own savings, or the friend or family member who has been supporting you.

You must also meet the other standard admissibility criteria applicable in every category, namely the checks for past criminal history, immigration offences or a medical exam, if needed.

How Long Does it Take to Get a Work Permit from Inside Canada?

The processing time for inland work permits has remained pretty consistent at 3-5 months for the past couple of years (2021-2024). As a visitor, you will not be permitted to work in Canada until your work permit is actually issued – meaning you must be able to support yourself in Canada for approximately 8-10 months past the date you receive a job offer from a Canadian employer. This is the time it takes to obtain a positive LMIA and work permit approval.

There is no policy that allows foreign visitors to request interim work authorization, unless you recently had a work permit and changed to visitor status when the work permit expired. Therefore, it is not possible to get interim authorization to work while waiting for the approval of your permit.

Another Option - Applying for a Temporary Resident Visa Abroad

It may actually be faster to leave Canada and return to your country of origin to have the work permit processed abroad. The processing times for visa applications at Canadian visa posts abroad vary from one location to another, and it is possible to check processing times online.

Although many overseas visas posts are much faster than 5 months when it comes to processing a work visa, it would be a good idea to check with your Canadian employer to ask when they need you to start work, and also to consider whether or not they are responsible to pay for your airfare (low skilled positions). If your new employer needs to pay your airfare from overseas to have you re-enter Canada, that new employer may not be quite as keen to hire you!

If you want to apply for overseas processing while you have a Canadian address, your work permit application will be routed for processing through a US visa office. While it used to be fairly quick to apply through a US office, around 6 weeks, the processing time lengthened significantly around the start of 2024 - and is now very close to the same timeframe as processing inland. This author is guessing that the US visa posts increased their processing time to match the inland office to discourage receiving high volumes of applications from visitors inside of Canada.

Frequently Asked Questions - visitor to worker in Canada

Can I go to Canada on a tourist visa and find a job?

Yes, it is possible to travel to Canada as a tourist and find a job while here. However, it is important to truthfully declare your purpose in visiting Canada when you apply for the tourist visa from overseas. There have been cases where a work permit has been refused for a visitor where it was clear that they were coming to Canada in order to apply for a work permit, but they declared a different purpose when applying for the tourist visa overseas.

Is it illegal to work on a visit visa in Canada?

Yes, in most cases, a visitor cannot work legally in Canada. You will need to find a valid job offer from a Canadian employer and apply for a work permit. You can only start to work once the work permit has been approved.

Can you convert a Canada visitor visa to a work permit?

Strictly speaking, you don't convert a visitor visa into anything. You simply apply for a new permission - the work permit - and you retain the visitor visa.

How much does it cost to change a visit visa to a work permit in Canada?

A work permit application made on the basis of a job offer in Canada costs $155 in government fees. If you have counsel preparing the application for you, there will be professional fees to pay on top of the government fees.

Can I stay in Canada as a visitor while waiting for a work permit?

Usually you will have six months to stay legally in Canada when you enter as a visitor. Before those 6 months are up, you need to either leave Canada, apply for an extension as a visitor, or apply for a work permit. As long as you have done one of those things prior to your 6 months expiry, you can stay legally in Canada while you wait for a decision on the work permit application.

Are you in Canada as a visitor and hoping to work? Let us help! At The Way Immigration, we are very familiar with the work permit processes – both inside Canada and overseas. We frequently help foreign nationals with visitor status to obtain a valid work permit in Canada. We also regularly file the Labour Market Impact Assessment (LMIA) application for Canadian employers. If you are visiting Canada and have a valid job offer from a Canadian employer, please contact our office today to get started on the process needed so that you can begin working in Canada. Your work permit process is in good hands with the top immigration consultants in Calgary!

Wait – Don’t Submit that Express Entry Profile!

Mon, 13 Mar 2023 06:56:00 GMT

Express Entry is Canada’s largest economic immigration program, responsible for the vast majority of immigrants from overseas that settle in Canada every year. Even conducting basic research online about how to immigrate to Canada, you will find many articles of general guidance telling you how to submit an Express Entry profile as your first step towards immigrating to Canada.

It seems simple enough. Take a language test, get your education assessed and then spend about an hour answering some online questions to see what your chances of immigrating to Canada will be. There is no fee payable to Immigration, Refugees and Citizenship Canada when submitting a profile, so there is really no risk in starting this process, right?

Wrong! There can be serious negative consequences in submitting an Express Entry profile if you are not likely to be invited to apply, but almost no one is writing about when you should not submit an Express Entry profile. Let me tell you why.

What you don’t know can indeed hurt you

There is a large percentage of people for whom Express Entry will never be the option to immigrate to Canada – because of language ability, age, education or occupation. Even if they meet the minimum threshold criteria of one of the Programs to get an Express Entry profile number, the reality is they will never be invited to apply.

Some of you who will not succeed through Express Entry may wish to try a different route to immigrate to Canada, like starting out with a work permit or a study permit instead. This is where things get interesting. I have seen file notes where IRCC has refused a work or study permit with the reason, “I am not satisfied that this applicant has a genuine temporary intent. They have previously submitted an Express Entry profile with a low CRS score .”

Simply because they had submitted an Express Entry profile at some point in the past, the applicant was then penalized by IRCC on a subsequent temporary application where it is imperative to demonstrate that you plan to stay only temporarily in Canada. Yes, IRCC officers should not necessarily do this, but they do, and you need to be aware of it before you submit an Express Entry profile that will remain within their records forever.

What is your long term goal?

For most people their goal is to obtain permanent residence in Canada.

It is imperative that potential Express Entry candidates take a big picture approach to their Canadian Immigration dream. First, it is critical to understand your realistic chances of succeeding through one of the Express Entry programs before you start submitting any information to the Canadian government to enter the Express Entry pool. This is where a Regulated Canadian Immigration Consultant can help. Schedule a meeting with one of our Calgary Immigration Consultants before you take any action towards submitting an Express Entry profile, so that you clearly understand all of the risks and options of your personal situation.

Do you need to take an English test?

English or French tests for Canadian Immigration purposes are valid for only two years after the date of the exam. Although a language test is needed to enter an Express Entry profile, we have already established that an Express Entry profile will not be useful for the large majority of people looking to immigrate to Canada. Why spend $300 CAD and a day of your life taking this if you won’t be able to use the language test results for anything productive? If you have a spouse or common-law partner, then you are potentially wasting $600 CAD on language test results you may not require, or that may never provide a useful outcome for you. We can help you understand whether or not a language test is likely to be beneficial in your situation, before you spend the time and money to obtain one.

Do you need to get your ECA (Educational Credential Assessment)?

An Educational Credential Assessment is a process whereby an organization in Canada evaluates your foreign education (high school and post-secondary) and determines what the Canadian equivalent education would be if you had studied in Canada. It costs around $250 CAD and can take 2-4 months to obtain. We can help you understand if you actually need to embark on this process or not – will getting these education points make any difference to your chances to immigrate to Canada? Once complete, the Educational Credential Assessment will be valid for 5 years for Canadian Immigration purposes.

What are your realistic chances of success with Express Entry?

The fact that you are in the Express Entry pool only means you meet the minimum requirements for one of the programs managed by Express Entry. It is your Comprehensive Ranking System (CRS) score that will determine whether you will actually be invited to apply for permanent residence, as the system only chooses the highest ranking candidates. Starting in 2023, IRCC will also be choosing applicants on the basis of their past work history, which will make it even more difficult to predict exactly who will be successful through Express Entry. A good understanding of IRCC priorities and historical data will be needed to try to predict the characteristics of who will likely be invited to apply for permanent residence.

It is possible for us to calculate your CRS points without using the online IRCC system at all. An experienced consultant can help you understand how likely it is that you will receive an invitation to apply, based on your points compared to IRCC priorities and historical trends in the draws. At present, for example, if you are over age 40 or have less than a University education, there is almost no chance you will have enough points to be successful through the Federal Skilled Worker Program or the Canadian Experience Class, regardless of how long you stay in the pool.

Is there another route that is better for you?

If Express Entry is not going to work for you, then what are the other options that are more feasible for you to become a Permanent Resident? We can discuss the various Provincial Nominee Programs as well as other federal Immigration programs. There are also temporary options that may provide a stepping stone to put you in a better position to qualify for Permanent Residence at a later date in the future – there are over 100 different pathways by which it is possible to immigrate to Canada.

Be informed, be smart about Express Entry!

In conclusion, sometimes what potential candidates don’t know is the most dangerous part of all. In terms of Express Entry, it’s better to be fully informed before you start submitting information to Immigration, Refugees and Citizenship Canada.

At The Way Immigration , we can provide practical guidance to achieve your Alberta immigration goals, and help get you on a path to becoming a Permanent Resident, especially for skilled workers. When it comes to Express Entry, we can assess your eligibility to enter the pool, your actual CRS points, whether additional points are feasible to obtain, and your realistic chances of being invited to apply through Express Entry. If not Express Entry, we can explore what other programs might work better for you. Contact our office today and benefit from our years of experience with Express Entry.

Citizenship Application Canada

Tue, 07 Mar 2023 05:00:00 GMT

Becoming a Canadian citizen is one of the most significant life moments. The freedom and opportunity that comes with having a Canadian passport is one of the reasons that so many people from around the world strive to find a place for themselves, and their families, in Canada. If you are a permanent resident dreaming of obtaining Canadian citizenship, this article is for you!

Benefits of being a Canadian citizen

There are a number of benefits of becoming a Canadian citizen over the status you have as a permanent resident:

A Canadian passport allows you to travel without a visa to most countries in the world.
You can vote in Canadian elections, and even run for political office.
There is no residency requirement. Unlike permanent residents who must live in Canada for at least 2 years in every 5 year period of time, Canadian citizens do not need to keep track of their time spent in Canada.
Holding Canadian citizenship is a more secure than permanent resident status. As a permanent resident, you can be deported if you get into trouble with the law, but as a citizen you will simply serve whatever sentence is assigned, and then return to life in Canada. Although you are likely not planning to commit a criminal offense, be warned that some traffic accidents can result in criminal charges and then deportation – especially if you cause the accident and someone is seriously injured or killed.
Certain government and law enforcement jobs are awarded only to Canadian citizens.

Just to note as well, Canada permits dual citizenship. The Canadian government has no issue with you retaining the citizenship of another country or countries; however, you will want to check the regulations in the other country before you apply for Canadian citizenship so that you fully understand any implications of becoming a Canadian citizen.

Eligibility Criteria for Canadian Citizenship

You can apply to become a Canadian Citizen if:

You are a Permanent Resident of Canada
You have been physically present in Canada for at least 1,095 days within the last 5 years – so a total of 3 years in the 5 years immediately before the day you sign your citizenship application form. [The only exception to the physical presence requirements is for members of the Canadian armed forces].
Note: If you had temporary resident status (visitor, student or worker) in Canada, you can count half of your total days physically present in Canada as a temporary resident up to a maximum of 365 days towards your 1,095 days.
You've met your income tax obligations by filing a tax return for at least 3 of the last 5 years, unless you are a minor under age 18.
You've met the language requirements in one of Canada's official languages, unless you are under 18 or over 54 years of age - there are no language requirements for these groups. Everyone else, unless they completed their studies in English or French, must take a language test such as CELPIP, IELTS or the Test d'évaluation de français (TEF). You must achieve a CLB level 4 for listening and speaking only (not reading or writing) to apply for citizenship.
You have no criminal history, nor currently facing criminal charges, and have no immigration problems such as your PR status being under review.

Steps to become a Canadian citizen

If you meet all the criteria above, you are eligible to apply for Canadian citizenship. However, if you are in doubt about any of the factors, especially counting your days, it is wise to seek a professional opinion to make sure your application will be successful before investing the time and cost to apply. The government fees for a Canadian citizenship application are quite substantial (currently $630 CAD per adult).

Here is what will happen step-by-step if you want to apply for Canadian citizenship.

Step 1: Submit your application

You can apply online or file a paper application.
If the family members of a citizenship applicant all file together, you will be processed together and your ceremony will be held the same day.
Ensure that you include all supporting documents and pay the citizenship fees.
You must show you meet the residency test by providing a list of all the days you spent outside Canada in the past five years; the reasons for time spent outside Canada do not matter as only the days spent in Canada (physically present) will count. As above, you need at least 1,095 days and should be at least a few beyond that amount when you apply, in case there are any calculation errors.
The processing time for Canadian Citizenship ranges from about 6 months to 24 months. The time it takes to process applications can depend on the accuracy of your forms and your evidence showing you clearly meet the eligibility requirements.

Step 2. Take the Citizenship Test

After reviewing your documents, if you are found to be eligible for Canadian Citizenship, IRCC will invite you to take the Canadian Citizenship Test.
During COVID, the Citizenship Testing process moved online.
The test consists of 20 multiple choice questions. To acquire Canadian citizenship, you must have an adequate knowledge of Canadian history, geography, the legal system and government of Canada, as well as your rights and responsibilities as a Canadian citizen. There is a study guide you can access online in different formats – as a PDF, an audio file to download, or ask for a physical copy to be mailed to you. You will need to score at least 15/20 to pass the test.
Although most applicants pass it on the first try, you have 2 attempts to pass the test. If you don’t pass the second attempt, a Citizenship official will contact you for an interview (in person or online) and have you answer questions verbally. The purpose of the Citizenship interview is to assess your knowledge, language skills and eligibility to become a citizen of Canada.
Citizenship applicants under age 18 or over 54 do not need to take the citizenship test.

Step 3. Attend the Citizenship Ceremony

Congratulations! Once you have passed the Citizenship test, you need only to wait for your invitation to take the Oath of Citizenship. The Canadian government will send you an invitation via email, usually a few months after your test. During your oath ceremony you will recite the Oath of Citizenship and sing the Canada’s national anthem. When you take the Oath, you promise that you will fulfill the responsibilities of a Canadian citizen.
During COVID, Citizenship ceremonies were held in an online format. Some ceremonies are now held in person, but Canada Immigration is still conducting most ceremonies online. The online ceremony allows the government of Canada to finalize Citizenship applications more quickly and this is likely going to remain the most common type of ceremony.
Your Canadian citizenship certificate is given to you at the end of your in-person ceremony. If you attend a virtual citizenship ceremony, the certificate will be mailed to you about 4 weeks after the ceremony. Those who applied online can choose to get an e-Certificate instead of a paper one – this is the new format for citizenship certificates.

Canadian passports

Once you are granted citizenship, you are eligible for a Canadian passport immediately. However, you will need your citizenship certificate as proof of Canadian citizenship to apply. You will receive the certificate at the in-person ceremony if you attended one. For most people, the certificate will take a few weeks to arrive in the mail after your virtual citizenship ceremony. If you requested a digital certificate, it is typically available for download two to three days after your online ceremony.

Are you ready to become a Canadian citizen? If you are not sure whether you are eligible, please contact our office to book a consultation to discuss your situation. We would be happy to walk you through the steps involved in a Canadian citizenship application and answer your questions, or we can complete the application process for you. At The Way Immigration , the top immigration consultants in Calgary , we have helped thousands of immigrants with their Canadian citizenship process. It would be our great pleasure to help you on this exciting journey!

Working Remotely in Canada - A Guide to Canadian Immigration Rules

Tue, 28 Feb 2023 12:03:00 GMT

Remote work has become increasingly common in recent years, particularly during the COVID-19 pandemic when many people had to work from home. In a very short time, companies around the world adapted to having employees doing their jobs online instead of from a desk at the office. Working remotely has now become the norm for many businesses, and many workers have moved to completely different countries, yet continue to work in the same employment - just remotely.

We are often asked about the Canadian immigration requirements for remote work being done by foreign nationals inside Canada, as well as by Canadian permanent residents living abroad.

There are both immigration and tax consequences to consider. In this article, we answer some common questions related to remote work.

Do I Need a Work Permit to Work Remotely in Canada?

Whether you need a work permit to work remotely in Canada depends on the nature of your work and where your employer and clients are located. Here are three different scenarios:

Remote work inside Canada for a company and clients based outside Canada. If you are a foreign national working remotely from inside Canada for a foreign company, attending to clients entirely outside of Canada, and are paid by an employer outside of Canada, you are not required to obtain a work permit . In this situation, you are not considered to be entering the Canadian labor market, and you can work as a visitor while inside Canada. Remember though, you will need to extend your visitor status once inside Canada if you plan to stay longer than your initial 6 month entry.
Remote work inside Canada for a Canadian company and clients based in Canada . If you are living inside Canada and working remotely for a Canadian company and attending to clients who are based in Canada, you will need a work permit. In this situation, you are considered to be entering the Canadian labor market, and will need to comply with Canadian immigration laws.
Remote work abroad for a Canadian company and clients based in Canada. If you are a foreign national working outside of Canada for a Canadian company and attending to clients based in Canada, you will not need a work permit because you are not physically inside of Canada. If you are a Canadian permanent resident , living outside of Canada, performing your work remotely for a Canadian company, you will not be able to use this time towards your PR residency obligation or towards your eligibility for Canadian citizenship.

Will Remote Work Count for Canadian Work Experience?

Whether the hours you accumulate while working remotely in Canada count as Canadian work experience will depend on the nature of your work and whether your clients are located in Canada or abroad. Here are three different scenarios for remote workers hoping to qualify for Canadian permanent residence:

Remote work inside Canada for a company and clients based abroad. If you are a foreign national working remotely in Canada for a foreign company located abroad with foreign clients, this work experience does not count as Canadian work experience. These types of remote jobs will not, for example, help you on an Express Entry application where you get points for Canadian experience.
Remote work inside Canada for a Canadian company and clients based in Canada . If you are working remotely for a Canadian company and your clients are based in Canada, this work experience will count as Canadian work experience. However, you must be classified as an employee; independent contractors do not count. Your also need have lawful immigration status to do the work, which is most likely a work permit. This work will count as Canadian work experience on a PR application such as the Canadian Experience Class category of Express Entry.
Remote work abroad for a Canadian company and clients based in Canada. Foreign nationals who are working outside of Canada for a Canadian business with Canadian clients cannot count this employment as Canadian work experience.

Does Remote Work Count for Provincial Nomination?

Remote work probably will not count for Provincial Nomination. Although working remotely inside Canada for a Canadian company will count as Canadian Work Experience under the federal immigration programs, you may not be able to use that work experience to qualify under a Provincial Nominee program. The reason is that provinces require applicants to both live in the province and work for a company based in the province in order to be eligible for their Provincial Nominee Program (PNP) .

This means if you are working for a company based in one province, but living in another province, you will have to rely upon a federal immigration program to gain Permanent Residence. Some of the PNP programs go as far as to exclude workers who work remotely, even if you are working in the same province where your employer is located. Essentially, you have significantly limited your options for PR with this sort of working arrangement.

Do I Need to Pay Income Tax on Remote Work in Canada?

It is near certain that you will have to pay income taxes to someone, somewhere. We recommend that you speak to your accountant or tax professional to understand the tax implications of working remotely as part of your overall planning.

If you are working remotely for a company inside Canada, you will likely be subject to Canadian tax laws and regulations, and may need to pay taxes in Canada. However, in any given case, whether remote workers need to pay taxes to the Canada Revenue Agency depends on the nature of the work and their resident status for tax purposes. Here are some important factors to consider:

Residency status: If you are a Canadian citizen or permanent resident, you will be subject to Canadian income tax laws and will need to pay income taxes on your worldwide income, regardless of where you are working. If you are a foreign national working inside Canada, you will only be subject to Canadian income tax laws on your Canadian-source income, not income sourced from abroad. Both employees and self-employed workers must pay income taxes in Canada.
Tax treaty: Canada has tax treaties with many countries, including the United States, that avoid double taxation. If you are a U.S. citizen working remotely in Canada, you may be able to claim foreign tax credits to reduce your U.S. tax liability. Check whether a tax treaty exists with your home country, or some other country where you have status for tax purposes, to determine your tax obligations. Where two countries have tax rules affecting you, you need to obtain professional tax advice, as the tax implications are usually pretty technical to navigate.
Tax deductions: If you are working remotely in Canada and need to pay taxes, you may be able to deduct certain expenses, such as home office expenses, from your taxable income. The rules are fairly complex, but Canada recognizes the home office concept even for employees in the new world of remote work.

Can I Access Public Health Care in Canada while Working Remotely?

Eligibility to access Canada’s public health care system differs from Province to Province. In most cases, if you have a work permit while living in Canada, you will be eligible for public health care coverage in the province of work. However, if you are working remotely without needing a work permit as above, you would not be eligible. Most visitors in Canada are not eligible for public health care.

In all circumstances, ensure that you check the eligibility rules for the Province where you plan to live, as some Provinces will grant health care coverage on the day you arrive, and other Provinces have a waiting period to obtain coverage. It is always a good idea to purchase private insurance coverage for any period of time you will be living in Canada, but not covered by the public health care system here.

Can I Work Remotely and Meet my PR Residency Obligation?

Permanent residents of Canada are required to maintain a physical presence inside Canada for 2 years in every 5 year period of time, in order to continue to have PR status. There are very limited exceptions whereby days spent working outside of Canada will count towards your residency obligation.

If you are working outside of Canada for a Canadian corporation or the Canadian government, you are considered to meet your PR residency requirement only if you are assigned to that foreign work location by the employer – the Canadian employer must have made a decision that you are physically required to work outside of Canada in order to accomplish your duties. If your situation is that you have simply chosen to work remotely for a Canadian business in a foreign country for personal reasons, those days will not count towards fulfilling your residency obligation.

Can a US citizen work in Canada remotely?

Yes, the rules for a US citizen to work remotely in Canada are the same as those outlined above. A US citizen can enter Canada as a visitor for 6 months, and if they do not leave before the initial 6 month entry is finished, they will need to apply for an extension of stay as a visitor in order to remain longer.

Still Keen to Work Remotely in Canada?

Working remotely from Canada can be a great way to enjoy Canada’s quality of life and experience a high degree of independence while still pursuing your career goals. However, it’s important to understand the Canadian immigration requirements for remote work, and ensure that you comply with Canadian taxation laws and regulations.

Just to be aware – immigration and taxation are two different fields and both very specialized in Canada – not many professionals are qualified to advise a person on both. Employees working remotely who wish to know the immigration implications should consult with a Regulated Canadian Immigration Consultant. For the tax implications of your remote work, you will need to consult with a tax specialist. Luckily, many professionals in both fields also work remotely these days, and you should be able to access the advice you need online at a reasonable cost.

At The Way Immigration , we frequently consult with Alberta immigration clients regarding the immigration implications of remote work arrangements. We are happy to meet with you and explore whether a work permit will be required and the rules concerning work arrangements that will count for a permanent residence application. If remote employment is an option for you, contact us for Canadian immigration services today and we'll help you to maximize this opportunity for your immigration journey. We are your trusted immigration consultants in Calgary.

Spousal Sponsorship Application Returned

Mon, 20 Feb 2023 13:17:00 GMT

Sponsoring your spouse or common-law partner is a complex process for both parties. First, there is a lot of information needed from both the sponsor and the foreign national requesting permanent residence. Let’s be honest, Canada Immigration does not make spousal sponsorship easy. The complete application involves a complex package you must assemble properly, with many moving parts. The requirements for the forms and all supporting documents are quite onerous, and Canada Immigration has no qualms at all about returning incomplete applications for what many of us would see as a very minor error somewhere.

To give you an idea, the Document Checklist alone for spouse or common-law applications is ten pages long, which tells you that your actual package for your spousal sponsorship will be many times longer than that. Properly completed packages, not including translations, usually exceed 100 pages.

With the transition to the new online application process in the Fall of 2022, putting together a perfectly complete application for spousal sponsorship is even more complicated. On the plus side, mailing delays are no longer a problem with online applications, but the technical pitfalls of navigating the online system has made everything else more difficult. Navigating Canadian immigration law is one thing, but using the electronic portals give us a lot of additional headaches.

In this article we outline some of the most common mistakes people make in spousal sponsorship applications, which are also the reasons why your application may be returned.

First….let’s look at the consequences of a returned spousal sponsorship application.

Consequences for you if application returned

If your application is not perfectly completed with all necessary forms and supporting documentation when received by Immigration, Refugees and Citizenship Canada (IRCC) , the immigration authorities will return the file to you and ask you to start over. They do not pick up the phone or email you – they just return it. This is a very frustrating experience indeed when you thought your file was all in order for your partner’s permanent residence.

Not only have you lost time, but your partner in Canada may have lost implied status (now called maintained status) or their work permit may have expired. For spouses and common-law partners waiting abroad, your dreams of family reunification through family class sponsorship have just hit a serious roadblock. As the principal applicant, your spouse or common-law partner will not be getting permanent residence or entering Canada nearly as soon as you had planned.

Depending on how long IRCC took before they returned the spousal sponsorship file to you (often months, during which time you do not know your application status and there is no way to find out) – some of your documents may have expired and you will need to replace them. The forms may need to be re-done as well. The price of an incomplete application with its many setbacks can be very high indeed for those hoping for permanent residence within the posted processing time.

So let’s make sure you avoid the most common mistakes!

Most Common Reasons a Spousal Sponsorship Application is Returned

When setting up your application framework in your online account , one of the first questions you have to answer for spousal sponsorship applications is whether you are applying inland (in-Canada class) or overseas (family class). The overseas process is sometimes called an outland application.

If your spouse or partner is already in Canada, you can use the inland process. Anyone can apply using the overseas process. That means spouses and common-law partners already in Canada with valid temporary status also have the option to use the overseas process if they wish – there are pros and cons of each option that play out differently for each couple. You may wish to get advice on which is best for you. The application details and the factors the officer looks at when assessing applications will vary depending on whether the couple is living together in Canada or not, and the supporting documentation you need will reflect this differs as well, so it is a critical decision.

In addition, if you apply in the wrong category, you may find yourself with a refused application as the rules under Canadian immigration law have precise requirements for each.

There are dozens of ways you can make an error in the spousal sponsorship application forms, from leaving a question blank, answering questions incorrectly, having gaps in your history, even mixing up who is the sponsor and who is the principal applicant. There are also very technical definitions used in Canada’s immigration system for things like ‘dependent children’ or ‘family member’ that are explained in the Guides and must be used. A single form where one of these definitions is not correctly understood will derail your package.

When assessing sponsorship applications, the immigration authorities are pretty ruthless. A single error in a form is enough for your entire immigration application to be returned as incomplete. You must read, understand and follow the instruction guide meticulously when preparing the forms for the sponsor and sponsored spouse and compiling the supporting documents. Incomplete applications are very common, especially for self-represented applicants.

The PDF forms for spousal sponsorship applications are amended by IRCC from time to time, and you need to submit the most recent version of the forms when you apply. The version of the form can be found in the bottom left corner of the form, and the old one is usually taken down when a new version is posted.

If your sponsorship application is returned, the forms may have changed in the meantime, so be sure to check your version of each form against the one on the IRCC website before re-submitting your application.

If any forms have missing or stale signature, the whole file will be returned as an incomplete application. All forms must be signed within 90 days of when IRCC receives your sponsorship application. The signatures on your forms must still be valid when you re-submit your application, so double check your dates carefully before re-sending your package. This requirement will often mean re-doing the forms, updating them to the current date, and signing them again.

You need to submit all documents listed on the Document Checklist applicable to your situation, including all forms and supporting documents for both parties, as well as for any family members of the principal applicant. You must also submit any documents listed in the Country Specific requirements for the countries where you have lived (such as a hukou for China). It is critical to check this link for your country or countries, if only to confirm there are no additional country-specific requirements needed in your case.

The format of forms and documents is also necessary to pay attention to, for example when a digital copy is acceptable, whether an original signature is needed or electronic is okay, etc – these details are also governed by rules that must be followed for the application to be accepted.

All supporting documents identified can be assumed to be essential and any documents missing or improperly presented will likely result in your sponsorship application being returned as incomplete.

Issues with police clearances are a really common reason for a sponsorship application to be returned. It is considered an incomplete application if a police certificate is missing.

IRCC requires more than one type of clearance for some countries. There are specific types of clearances that are acceptable while other types are not, and the date of issue of your police clearance is very important. If you are living in the country that issued the police clearance at the time you apply to IRCC, then the clearance must be less than 6 months old when IRCC receives it. If you are living outside the country that issued the police clearance when you submit your application to IRCC, then the clearance must have been issued after the last time you lived in that country.

Color images of police clearances must be uploaded, with proper translations when required.

A mistake on any one of these points will cause your application to be returned as incomplete.

Any document that you are submitting with your application that is not originally in English or French needs to be accompanied by both a proper translation and a certified true copy of the original document.

IRCC has very specific details about what constitutes a proper translation , and the safest way to ensure that you meet those requirements is for you to get your translations done inside of Canada by a translator who is familiar with the immigration requirements. A certified true copy of the original document is usually created by taking the original to a lawyer – either in Canada or abroad.

The application fees can also change from the time you submitted your original package to the time that you re-submit it where your application was returned due to incompleteness. Check the IRCC website to ensure that the amount you have paid is still the amount required.

What to do if your sponsorship application is returned as incomplete

Of course, if your package is rejected for a technical reason above, it is not considered a spousal sponsorship refusal . A spousal sponsorship refusal is where they consider the whole application and reject it on the merits (in that case you need to appeal to the Immigration Appeal Division or apply for judicial review, depending on whether it is an inland or outland application).

If it is returned as merely incomplete, it needs to be fixed before an immigration officer will assess it. This does not count against you; your spouse or common-law partner can still be sponsored. A visa officer will eventually approve them once you provide all the evidence – barring serious issues like marriage fraud or inadmissibility, of course. But it may take considerably longer than you had planned on.

If your sponsorship application is returned as incomplete, we recommend that you contact a professional for assistance . It is almost impossible for you to determine exactly how to fix it. IRCC will usually include a letter with the return that gives you some idea of why they decided to return your file, but often they will just list the first thing that they found wrong with the application – not everything that is wrong. It can happen that you address one issue with one form only to have the file returned again for a different issue that was also in the application received prior, but you did not realize this. You can find yourself going in circles with processing delays that go on for months. This is stressful and costly.

Of course, you can only benefit from the processing time posted on the website once a complete application has been accepted. So if you want your partner to enter Canada, or remain in Canada, as a permanent resident sooner than later, it is best to get help with the whole application.

If you are still determined to sort it out on your own, the list of common mistakes above is a good very place to start for double checking everything in your PR application before you submit it again for processing.

Can I use the same payment receipt if my application was returned?

Yes, if your application was returned (not refused), it means that IRCC did not take the payment of your fees and you can use the same fee receipt again. Just double check to ensure that the fees did not change in the meantime and that you paid the correct amount initially before re-submitting the file with your original fee receipt. But it is helpful to know it does not expire if you apply for permanent residence later for your spouse or common-law partner.

At The Way Immigration , we do spousal sponsorships every single day – we are very familiar with the sponsorship process. We are experts at preparing sponsorship applications correctly the first time, to avoid delays. We have developed our own 20-page checklist we use for every single application, because that’s how many different matters need to be double-checked before the file is submitted to IRCC for processing if the principal applicant hopes to get permanent residency sooner than later. As a result, we have helped hundreds of couples just like you to become Canadian permanent residents in the posted processing time and achieve their ultimate goal of becoming a Canadian citizen too. Contact our best immigration consultant in Alberta today about your sponsorship case and we will be happy to assist you.

Spousal Sponsorship for Canada: Overseas or Inland?

Tue, 31 Jan 2023 09:12:00 GMT

Canadian Citizens and Permanent Residents can sponsor their spouse or common-law partner for permanent residence in Canada. In a spousal sponsorship, a dependent child of the spouse or partner, who is under 22 and single at the time of application, can be included in the sponsorship application. It is also possible to sponsor what is called a ‘ conjugal partner ’ but that is a rare and difficult application.

A Canadian Citizen living abroad is eligible to sponsor their spouse or common-law partner as long as they have a plan to return to Canada as soon as their partner is approved for PR. But if the sponsor is a Permanent Resident of Canada, and not a Canadian citizen, the sponsor must be physically residing in Canada when the sponsorship application is submitted and throughout the process until the visa is approved.

The spousal sponsorship application is now fully online. You file and submit your forms and supporting documents for the permanent residence application through an online account and receive communication from IRCC electronically from start to finish.

Two Pathways for Sponsorship

There are two pathways to make a sponsorship application for a spouse or common-law partner – the overseas process and the inland spousal sponsorship Canada.

Just to note: Common-law partners are treated the same as married spouses for sponsorship purposes, although the documents needed to prove their relationship will vary. For example, married couples need a marriage certificate whereas common-law partners need proof of co-habitation.

Overseas Sponsorship for Canada

This is sometimes called an outland sponsorship application, or the overseas process, or a Family Class sponsorship – they all mean the same thing. It refers to where the case will be processed, not necessarily where the sponsor or applicant live.

If the sponsored person (the applicant) is overseas and is not likely able to come to Canada, the sponsorship application must be processed abroad. They will need a permanent resident visa issued by an overseas officer in the region the applicant lives before they can travel to Canada and join the sponsor.

In this situation, the sponsor’s portion of the application is first assessed in Canada at the Case Processing Centre in Sydney, NS (CPC-S). This ensures they are eligible to sponsor before involving the overseas office. This office confirms the sponsor is a Canadian Citizen or Permanent Resident, can provide financial support, has no issues with child support, or a criminal record for domestic violence, among other things. Once the sponsor is approved, the entire application is then forwarded to the Canadian visa office in the region where the applicant lives to complete the application process.

The parties must submit all documents upfront with the initial package. This includes for example, the required documents listed on the Document Checklist (such as the applicant’s birth certificate or necessary police certificates) as well as documents to satisfy any country specific requirements (such as a hukou for China). The applicant will be asked to get the medical exam later.

Once the overseas spousal sponsorship is approved, the foreign spouse will need to submit their passport for visa stamping by a Canadian immigration official. Their Confirmation of Permanent Residence document will be issued to take to Canada, then signed by a Canadian government official at the border when they arrive. On that day, they become a Permanent Resident of Canada.

Advantages and Disadvantages of Overseas Processing

The main advantage of the overseas process is that an applicant whose visa is refused can appeal the immigration officer’s decision to the Immigration Appeal Division of the Immigration and Refugee Board. This appeal is not available for the inland spousal sponsorship .

The main disadvantage of the outland spousal sponsorship process is that most couples will be separated during the process, as there is no practical way to be in Canada together. Although an officer can approve the spouse to come as a visitor during the process, they frequently will not.

As well, there is there is no work permit associated with the overseas process.

Otherwise, the application process including the digital forms online, the fees, medical exam and other requirements of the overseas sponsorship application are pretty similar to the inland spousal sponsorship. Each is an application for permanent residence for your spouse or partner, done through an online account, and the process is more similar than different. The fees are the same (there is a sponsorship fee, the principal applicant processing fee, the right of permanent residence fee, and fees for additional family members).

Inland Spousal Sponsorship Canada

This process is available when the spouse or partner is already in Canada.

This process also goes by a few different names such as the inland process, the in-Canada class, the inland spousal sponsorship or the inside Canada sponsorship. Officially, you are applying in the Spouse or Common-Law Partner in Canada Class (SCLPCC).

This application is handled entirely by an immigration officer within Canada. All procedures, such as obtaining biometrics or the medical exam, are also done in Canada.

A single package is compiled and submitted upfront. The evidence for the inland spousal sponsorship is largely the same as an overseas case. But here, both the sponsor’s portion of the application and the sponsored person’s portion will be assessed at the Case Processing Centre in Mississauga (CPC-M). Once both are approved, the sponsored person will be “landed” as a Permanent Resident using the electronic portal process for those already in Canada.

The Confirmation of Permanent Residence form (eCOPR) will be issued by e-mail to the applicant who will download and digitally sign it, and the PR card will arrive later in the mail.

Are you both living in Canada? You can choose the process

If the sponsor and their spouse or partner are already living in Canada, assuming the foreign national has valid temporary status, they usually have the option to choose either overseas processing or inland processing.

Inland v. Outland Spousal Sponsorship – How to Decide

The main decision for couples in Canada when choosing which process to use will often boil down to the key realities of the inland process, described below.

You must live together during an inland spousal sponsorship

Inland sponsorship requires that the sponsor and the foreign national are living together in Canada, both at the time the permanent residence application is submitted and continuously up until the time it is approved. You must be able to reside together under the same roof for the duration of the sponsorship processing. If you cannot live together, due to work or other obligations, then you need to choose overseas processing, even if you are both in Canada.

You should not travel outside of Canada during an inland spousal sponsorship

Travel outside of Canada for the person being sponsored is discouraged when you have submitted an inland sponsorship. If you need to travel, choose the overseas option. The issue is not leaving Canada – you are free to leave anytime. The issue is that if you are refused entry upon your attempted return to Canada, your inland sponsorship will be cancelled and you will need to start again with a sponsorship from overseas.

Even if you have never had problems entering Canada in the past, it can sometimes be more difficult to explain why your entry to Canada is truly temporary once the border officer knows that your home and your partner are in Canada. If they are not satisfied that your entry is temporary in nature, they have to refuse you (because you don’t yet have permission to live permanently in Canada).

You can ask to work while an inland spousal sponsorship is processing

Inland sponsorship allows the foreign spouse to work while waiting for Permanent Residence – if you submit an open work permit application and IRCC approves it. Time varies, but getting the work permit takes 1-4 months usually. Overseas sponsorship does not allow the option of a work permit. If you want to be able to work in Canada before your Permanent Residence is likely to be finalized, then choose inland processing.

Supporting Documents

The supporting documents are lengthy for a spousal sponsorship, as listed in a multi-page Document Checklist.

The basic supporting documents for all spousal sponsorships are the same, although the evidence regarding the relationship will differ. If you are living together in Canada, proof of your co-habitation will be required; if the spouse is abroad, usually proof of the sponsor’s visits will be part of the package.

You submit documents altogether upfront when you start, regardless if it is the overseas spousal sponsorship or the spousal sponsorship inside Canada. This is why it usually takes a couple of months to prepare a sponsorship application – there is a lot to collect up.

Do You Need a Representative?

Many couples prepare and file their own sponsorship application, without an immigration representative.

However, a proper permanent resident application is a major task, even for a professional. We often hear from Canadian citizens how surprised they are at the onerous requirements the Canadian government has to approve their partner – they were thinking the marriage certificate should be enough!

The detailed information required, IRCC’s lengthy and complicated instructions for things like the PDF forms, processing fees, the many necessary procedures like the biometric appointment or getting proper police certificates, not to mention the type of proof of your relationship needed in your particular circumstances make it easy to miss something. Canada Immigration will usually return the whole package for a single minor error.

It is wise to at least have a consultation with a professional. It is also possible to have an Alberta immigration professional review your package before you submit documents to reduce the chance of your package being returned or to avoid processing delays.

How to Hire a Foreign Worker

Tue, 24 Jan 2023 05:06:00 GMT

Shortages in the Canadian labour market have reached a critical peak, and Canada projects being short of workers in many sectors for the foreseeable future. Now more than ever, employers are looking for talent overseas to stabilize their workforce. In most cases it’s possible to hire foreign workers, but employers will usually need help to determine the best process to follow.

There are two main ways that Canadian employers can hire a temporary foreign worker – some will already have an open work permit, and others will need the Canadian company to obtain permission to hire them.

Open work permit

When a worker has an open work permit , a Canadian company can hire that worker in the same way they would hire a Canadian worker, without needing to go through any process to obtain permission to hire a foreign worker. As a Canadian employer, you will want to review the open work permit to ensure that it is indeed open, meaning there is no employer name, location or occupation specifically mentioned on the permit, and that there are no conditions listed that would prohibit the worker from working in your intended occupation. The most common prohibitions are restrictions against working in healthcare, childcare and the sex trade. It’s possible for the worker to take a medical exam and then ask to have the restrictions for healthcare and childcare removed. It’s not possible for a Canadian employer to hire a foreign worker to work in the sex trade.

There are several different reasons that a worker might have an open work permit, including being a family member of a foreign worker or student, someone with an application for Permanent Residence in process, a graduate of a Canadian post-secondary program, a young person participating under the IEC program, a refugee claimant, or someone who holds a work permit issued under a specific policy such as the current 3-year open work permits for Ukrainian citizens.

The open work permit really is the best scenario for both the worker and the company, but there are a very limited ways to obtain an open work permit and most foreign workers do not qualify for this option.

Employer specific work permit

If the worker does not already hold an open work permit, or if they have a work permit with a different employer’s name listed on it, then the Canadian employer wishing to hire the worker will need to apply to the Canadian government for permission to hire a temporary foreign worker. The end result, if successful, will be a work permit that allows the worker to work only for that specific employer, location, and occupation.

There are a few different options to obtain an employer specific work permit, depending on things like the size of the company, location of the work, the occupation and nationality of the worker.

The process of hiring a worker through an Employer specific work permit is a two stage process – first the Canadian company requests permission to hire the foreign worker; second, the worker makes an application for a work permit. Usually the work permit needs to be in place before the worker can start employment. This process may take several months, depending on where the worker is located, so it’s imperative that you plan ahead when planning to hire foreign workers.

The benefit of hiring workers on employer specific work permits is that when approved, that worker will be tied to your company for 2-3 years, because they won’t be authorized to work for anyone else in Canada. This can be a big benefit to stabilizing your work force in remote locations or in occupations with high turnover.

The International Mobility Program

The International mobility program is typically the easiest, fastest and least expensive way for a Canadian employer to obtain an employer specific work permit, but there are strict limitations to the nationality of the worker and the type of occupation that qualifies.

There are a number of work permit options that fall under the label of International Mobility and most of them depend on the nationality of the worker involved. Any time there is a trade agreement announced between Canada and another nation, there are immigration provisions in that trade agreement that allow for the movement of certain types of workers between both countries. The most well-known and heavily used trade agreement in Canadian immigration is the former NAFTA agreement (now known as CUSMA or USMCA) whereby Canadian, American or Mexican citizens can obtain work permits relatively easily between the three nations, for specific categories of occupations only. Another common pathway in the International Mobility Program is for native French speaking workers who will be employed outside of Quebec (even if they will work in English once in Canada).

There are also certain pathways for international companies to transfer their existing workers between various international locations to carry out company operations on a global scale. International companies with a Canadian operation can often obtain work permits to transfer workers to Canada from their overseas offices.

To hire a worker who is eligible under the International Mobility Program, a Canadian employer will need to register for the IRCC employer portal and submit an e-job offer. Once the e-job offer has been submitted, a number is assigned to the job offer and the worker uses that number to apply for their work permit.

It’s important to know the specific section of the Immigration rules that enable the worker to apply under the International Mobility Program. The job offer you make in the employer portal must align with both the NOC code for the position and the qualifications of the worker. The worker must provide evidence that they meet any requirements listed in the job offer – like education, language, professional license, work experience – or their work permit will be refused. It’s important to consider all of these factors from the start to ensure that you actually end up with a worker once you have completed this process.

Provincial nomination

All provinces and territories in Canada, except Nunavut, have a provincial nomination process that exists to help attract and retain qualified foreign workers. Some provinces allow a company operating in their province to hire a foreign worker with a work permit as part of the nomination process for permanent residence. The benefit to this approach is that the employer doesn’t usually need to advertise the position before hiring the foreign worker, and it will generally be less expensive for the employer to go this route compared to an LMIA application. The disadvantage of this approach is that it is not available in all Provinces and it typically takes longer for the worker to arrive than if the LMIA approach is used.

Labour Market Impact Assessment (LMIA)

The LMIA is usually the option of last resort for a Canadian company to fill vacant positions. For most occupations, this process requires the Canadian company to first advertise the vacant position for at least 1 month to show that no Canadian workers are willing or qualified for the job. The government sets the minimum acceptable wage rate for each occupation and location.

Once it’s confirmed no Canadians are available to fill the position, an application package is submitted to Service Canada providing evidence that the Canadian business is legitimate, has advertised and found no Canadian workers, has made an offer of employment to the foreign worker and can afford to hire them. When reviewing the application, a Service Canada officer will usually call the Canadian employer to confirm the details before issuing an approval letter, called an LMIA. The Canadian employer then gives the positive LMIA to the foreign worker, who can now apply for their work permit.

International students

International students who are studying in an approved program in Canada are usually authorized to work on the basis of their study permits. They are restricted to working off campus a maximum of 20 hours per week during the semester, but may work full-time during breaks. As a temporary measure to address current labour shortages, Canada Immigration has allowed international students to work more than 20 hours per week between November 15, 2022 and December 31, 2023 as long as the student meets certain conditions . A Canadian employer should review the study permit to see the notation “Off campus work authorized” before hiring the foreign student.

Provincial Registration

While Immigration legislation is a federal matter in Canada, employment legislation is a provincial matter. A number of Canadian provinces have their own regulations in place for employers hiring foreign workers to work in the province.

Before your company takes any steps to hire foreign workers, it’s important to look into the provincial regulations for where your business is located, but also the regulations of any province where the workers will perform their duties. If the position requires travel to different provinces, then the rules for each province will apply when that worker is present within the provincial boundary. In most cases, the employer will have to be registered with the province before you start recruitment efforts that target foreign workers – and there are penalties if you move forward without provincial authorization.

Other key considerations when hiring foreign workers

Once any necessary permissions are in place (federal and provincial) and the worker has obtained a work permit, employing a foreign worker is much the same as employing the rest of your work force. There are a few additional items to keep in mind:

Changing occupations, working conditions or locations

When hiring a foreign worker with an employer specific work permit, there are usually conditions attached to the work permit – meaning that the worker can only work in a certain location, in a specific occupation and at a certain wage rate. Canadian employers need to be careful about making any changes to the working conditions of their foreign workers without first seeking permission to make the intended change. Having a foreign worker on staff is not as flexible as having a Canadian worker who you can ask to handle whatever duties are necessary in the course of a day’s business.

Expiry of work permit

A foreign worker will always have an expiration date attached to their work permit. Before that date, the worker either needs to apply for an extension or stop working and leave Canada. Canadian employers need to ensure that they keep track of the expiration date of their foreign workers in order to avoid accidentally employing someone who no longer has authorization to work in Canada.

Implied or maintained status

If the foreign worker has applied for an extension to their work permit before their current work permit is set to expire, then they can continue to work legally until IRCC makes a decision on their new application. During this time, the worker will not hold a valid work permit, but proof of their “ maintained status ” will consist of the old work permit plus a letter from IRCC stating that their extension application was received before old work permit expired.

Canadian companies should retain a copy of this letter in the worker’s HR file as proof that the worker had legal status despite the fact that their work permit has expired. The worker’s SIN number will also expire during this period, but they are fine to continue working using the existing SIN because the worker can simply have it re-activated once the new work permit has been issued.

Penalties for hiring a foreign worker without the proper authorization

Our office often gets enquires from Canadian companies who have identified a foreign worker who is already in Canada and has a work permit for a different employer or no work permit at all. Both the Canadian employer and the potential worker are eager to start working together as soon as possible, usually this means yesterday.

Our advice to both parties is to always follow the rules, even though it will take some time to get the proper authorizations in place.

The penalties under the Immigration and Refugee Protection Act in Canada for a company employing a foreign worker without authorization can be as high as a $50,000 fine per occurrence. Employers who knowingly violate the Act can also end up with criminal convictions, which is a pretty serious personal matter.

The federal government and certain provinces also have the ability to ban certain companies from hiring foreign workers for a specified time. This will impact the ability of your business to keep the foreign workers you already have and prevent you from hiring new ones.

In all cases, it’s better to be patient and follow the rules – even though you need that worker badly.

The Way Immigration has successfully helped hundreds of Canadian companies and thousands of foreign workers since 2008. Our immigration consultant in Calgary can assist your Canadian business to understand the most efficient pathway to hire temporary workers. We provide a high-level approach to solving your staffing needs so that the entire process, from start to finish, goes as smoothly and quickly as possible. Contact our office today to better understand your options to stabilize your work force with the addition of temporary foreign workers.

Spousal Sponsorship Canada Online

Tue, 17 Jan 2023 05:46:00 GMT

In September 2022, Immigration, Refugees and Citizenship Canada (IRCC) implemented a mandatory online application process for Canadian spousal sponsorship applications. A spousal sponsorship is possible when a Canadian citizen or permanent resident is married to a foreign national, and the family intends to live in Canada. The Canadian partner can sponsor the foreign spouse to become a Canadian permanent resident (along with their dependent children, if any).

Although common-law partners are also eligible to be sponsored for permanent residence, there are important differences when the sponsorship involves a common-law relationship compared to married spouses. For that reason, we've prepared a separate article for online common-law partner sponsorships. This post deals solely with legally married spouses.

We are not intending to provide an exhaustive discussion of the spousal sponsorship program, but rather to highlight what has changed with the transition to online applications for sponsorship. We have other posts containing more background information for sponsoring spouses, common-law partners and conjugal partners.

Who Can Sponsor a Spouse?

Canadian citizens or permanent residents can sponsor their spouse plus any dependent children of the spouse.

However, it is relevant where the sponsor is living when the application is filed. Canadian citizens can initiate the sponsorship process from anywhere in the world, as long as they agree to move back to Canada once the sponsored individual is approved for a visa. A Permanent Resident, however, can only file a sponsorship application if they are living in Canada. Both Canadian citizens and permanent residents must be able to provide financial support to meet the basic needs of their spouse and any child(ren) included as well.

Document Checklist for Spousal Sponsorship

The new online spousal sponsorship application uses the same document checklist as the old paper application, but the required forms are in two different formats. There are a handful of PDF forms to download , complete, sign and upload. Other forms are filled out in the online portal itself.

We recommend you print off and thoroughly study the PDF document checklist to understand the pieces needed. These will vary depending on several factors for your precise situation - each application requires slightly different evidence to be considered complete. Everything needed for your case must be included before it will be accepted for processing.

Just a note on this - Canada's immigration system is brutal when it comes to returning incomplete applications. They generally return the file as incomplete rather than give applicants the opportunity to fix any deficiencies.

Setting up your Online Account

After you've studied the document checklist, it’s time to set up your online account and build the framework for your application to sponsor your spouse or partner. This is where you will need to choose which type of sponsorship you are submitting – inland (in Canada class) or overseas (family class). If uncertain, you can review the differences between these two classes in our blog post related to that topic .

Preparing the Forms

When you first log into your online account, you will see a home screen listing most of the online and PDF forms that IRCC requires for the application type you have chosen. Some of the listed forms are digital forms that you will complete online and some you need to complete as PDFs, sign electronically, and upload them into the proper slot provided. It’s confusing - we agree.

Please note for the online application process, you must complete the IMM 5562 (Travel History) form online, even though it is not currently listed on the document checklist.

Uploading the Documents

Once you've completed all forms for your application, it’s time to upload the supporting documents. The drop down menu is located part way down the home screen where you choose the category of document to upload, and attach it. IRCC has a specific way they want people to name their files, detailed in the application guide, so ensure you follow that. It is most critical that every document needed is uploaded, or else the application will be returned as incomplete.

The evidence you will need depends on your situation; for example, whether you live at the same address or not. As well, there are sometimes additional documents needed to support more unique aspects of a given application, for example regarding adoption records for a dependent child. Key documents need translations and certified true copies if not originally in English or French. It is up to you to decide what additional documentation to include as proof of your relationship. When in doubt, seek professional advice.

Fees for Sponsorship

The government fees are paid and the receipt uploaded in its own section of the home screen. The fees for family class sponsorship are as follows:

$85 for the sponsor
$545 for the principal applicant
$175 for each dependent child
$85 per person for biometrics (anyone 14 years old or older, max $170 per family unit)
$575 Right of Permanent Residence Fee for the principal applicant

Police Clearances for Spousal Sponsorship

Previously, applicants only needed to include a police clearance from where they were currently living plus the country where they lived the longest, and IRCC would request any remaining clearances during processing. Now, all necessary police clearances for the online process must be included upfront. The requirement is to provide a valid police clearance for any country where the principal applicant lived for at least 6 months in a row. Mistakes with police clearances are a very common reason for return of sponsorship files.

Any sponsored family member over 18 will also need police certificates. The rules are a bit complicated, so ensure you know exactly which ones you need for your application.

Digital Signatures for Spousal Sponsorship

There are two different sets of digital signatures required on your sponsorship application. The PDF forms must be digitally signed before uploading them. IRCC accepts just typing your name into the signature field for the digital signature.

The second set of signatures is from the principal applicant (sponsored person). Once the online application is completed, they must digitally sign off on the entire application inside the portal before it can be submitted. Ensure their name is entered exactly as on their passport, or it may not be accepted as a digital signature.

It’s also critical for the principal applicant to affix their own signatures; it would be misrepresentation for the sponsor or anyone else to sign for them. It is entirely possible that IRCC uses location tracking to ensure that digital signatures have been placed by the proper person, so don’t take a chance with having your sponsorship refused (or your own permanent resident status put in jeopardy) because you signed it fraudulently.

Open work permits

Sponsored spouses in Canada are usually eligible for an open work permit.

Under the previous paper sponsorship application, we could include an application for an open work permit together with the permanent residence package, and the work permit holder would continue in status as long as the application was submitted before their expiry of their work permit. With the new online system, only the permanent residence application can be submitted through the online PR application portal.

You need an email confirming the permanent residence application has been accepted for processing, with a file number, before the principal applicant can apply online for an open work permit. This email is commonly referred to as the AOR (Acknowledgement of Receipt) letter.

Then the sponsored spouse can apply for the work permit through the mycic portal . It’s a different online account than where the sponsorship application was submitted.

There is also specific code to include in the open work permit application form to ensure that IRCC can sort your application into the processing stream for spousal sponsorship applicants, which is usually faster than the regular processing stream.

In some cases, for inland spousal sponsorship applications, you may find that you do not have enough time to receive the AOR letter before the existing work permit will expire. Whatever you do, do not let your immigration status expire. Contact our office to discuss your options, because it’s critical that temporary status is maintained for the sponsored spouse throughout the processing.

If the sponsored spouse is abroad, you may want to consult a professional on the chances of getting a visitor visa to travel to Canada during the waiting period.

What Happens after Submitting an Online Canada Spousal Sponsorship?

As soon as you submit the online application, you will receive an email telling you that it was submitted (this is not the AOR). At this point, you are no longer able to change the information you provided in your application, so ensure that you have completed your application perfectly before submitting it.

After a period of time passes, if your spousal sponsorship application was perfectly prepared, you will receive a second email that states IRCC has accepted the application for processing, with a file number. This is the AOR needed to apply for a work permit. If your application package was not perfect, you will receive a message indicating it is being returned as incomplete. You then need to start over, preparing your application for re-submission.

If your application was accepted for processing, expect to receive requests to submit biometrics, take a medical exam, and pay the Right of Permanent Residence Fee (if it was not paid upfront), and eventually instructions for the landing process. Once the Confirmation of Permanent Residence has been signed by a Canadian Immigration officer, your spouse and dependent children have Canadian permanent residence status.

How Long Does Spouse Sponsorship Take in Canada 2024?

Processing times have been relatively quick under the new online process. We've routinely received AORs within 4-6 weeks and see processing times for inland spousal sponsorship applications to be approximately 5-8 months.

How Much Money Do You Need to Sponsor Someone in Canada?

There is no required income level to be able to sponsor a spouse or partner, or dependent children in the majority of cases. The sponsor cannot be bankrupt, or on welfare and must be able to reasonably show that they can provide financially for their spouse or partner. If any of the sponsored dependent children have children of their own (your spouse's grandchildren), then a low income requirement will apply and the sponsor must show that they have sufficient income.

Work with Us

The Way Immigration has successfully represented thousands of spousal sponsorships since 2008. Regardless if you are a married spouse, common-law partner or in a conjugal relationship, we can guide you through the process. Contact our office to engage the services of the top immigration consultants in Calgary , and avoid the stress and uncertainty of managing this process yourself. The most common phrase we hear from our clients is that they feel so much better, even just a few minutes into a conversation with one of our team members. Don’t lose sleep, don’t fight with your partner – we can make your Canadian immigration straightforward and stress free.

¿Te gustaría trabajar en Canada?

Wed, 21 Dec 2022 04:50:00 GMT

En los últimos años, Canadá se ha convertido en un destino atractivo para extranjeros , no solo para venir de vacaciones y visitar sus bellos paisajes e importantes ciudades, sino también para explorar oportunidades laborales.

Su calidad de vida, economía estable, su inclusión y diversidad así como sus salarios bien remunerados, son algunas de las razones por las cuales, año con año personas de todo el mundo, se dan a la búsqueda de ofertas de empleo en este bello país. Y México sin duda, no es la excepción.

Con ello, si tienes interés en trabajar en Canadá, es importante que conozcas las bases de cómo podrás trabajar en este país, en qué consiste su proceso, los requisitos necesarios de empleo, sus gastos asociados y las posibilidades que tendrás de acceder a la Residencia Permanente en Canadá, en un futuro.

Estamos seguros que a través de esta información, podrás tomar una decisión informada de lo que Canadá tiene para ti.

Como puedo trabajar en Canada

Uno de los primeros pasos es contar con tu currículum redactado en inglés o francés, esto tomando en cuenta la provincia a la que deseas llegar y su mercado laboral, pues hay regiones en donde se habla uno u otro idioma.

En su mayoría, debes conseguir que una empresa en Canadá te otorgue una oferta laboral, y que esta a su vez, haya obtenido autorización previa del gobierno canadiense para contratar a trabajadores foráneos.

Una vez que la empresa canadiense obtenga dicha autorización, podrás solicitar tu permiso de trabajo ya sea ante una oficina de visado o en un puerto de entrada, como lo es a tu llegada al aeropuerto de Canadá.

Gastos relacionados a un permiso de trabajo en Canadá

Para el trámite de tu permiso de trabajo, deberás pagarle al Gobierno de Canadá, $155 CAD dólares como tarifa de procesamiento y $85 CAD dólares para la toma de tus biométricos. Ten en cuenta que estas son las tarifas vigentes y pueden cambiar en cualquier momento.

Así mismo, deberás cubrir los honorarios de profesionales de Inmigración como abogados o consultores regulados en Canadá, que te ayudaron a preparar tu solicitud de permiso de trabajo ante el gobierno canadiense.

Una tarifa razonable por concepto de pago de honorarios oscila entre $1500 y $3000 dólares canadienses, NOSOTROS no recomendamos que pagues más de eso.

Para ofertas de trabajo entry-level ó como principiante, las compañías canadienses tienen que cubrir los costos de tu boleto de avión a Canadá. Pero si la oferta de empleo ofrecida es para una ocupación considerada como calificada, entonces tú deberás correr con tus gastos de viaje.

Requisitos para trabajar en Canadá

Es importante mencionar que aun y cuando hayas asegurado una oferta de empleo en Canadá, deberás cumplir con el perfil del puesto a desempeñar, así como con los requisitos establecidos en la regulación migratoria para trabajar en este país.

Para obtener la aprobación de tu permiso de trabajo, deberás tener conocimiento de al menos uno de los dos idiomas oficiales de Canadá en los que opera la empresa (inglés o francés), contar con los estudios necesarios y experiencia laboral que requiere el puesto de trabajo.

Algunos puestos de trabajo no requieren ninguna experiencia previa. Sin embargo, si la oferta de empleo es para un puesto calificado, entonces deberás contar con cierta formación profesional y tener al menos 3 años de experiencia laboral de tiempo completo en el puesto.

Tu experiencia laboral podrá ser demostrada con cartas de referencia, fotos en tu lugar de trabajo, recibos de pago de nómina, de ser es posible.

Estos son algunos ejemplos de puestos calificados con formación profesional, técnica y de oficios (donde necesitas educación o experiencia previa): ingenieros, arquitectos, abogados, medicos, paramedicos, enfermeras, chefs, cocineros, panaderos, carniceros, carpinteros, electricistas, plomeros, gerentes y algunos supervisores, etc.

Estos son algunos ejemplos de puestos como principiantes o de entry-level (donde no se requiere experiencia): trabajadores en el área de limpieza, ayudantes de cocina, meseros, ocupaciones relacionadas a la agricultura, soldadores, operadores de equipo pesado, etc.

Algo que es importante mencionar, es que si has tenido problemas con la policía en cualquier país, si tienes alguna condición médica grave, si con anterioridad se te ha negado la entrada a Canadá o si trabajaste o te quedaste ilegalmente en otro país (como los Estados Unidos), es poco probable que tu visado de trabajo sea aprobado.

Para información adicional, te sugerimos visitar los siguientes blog posts what to include in an employment reference letter , what an LMIA is .

Características del visado de trabajo

El permiso de trabajo indicará la ubicación de tu lugar de trabajo, el puesto a desempeñar y el nombre del empleador para el que vienes a trabajar. Solo podrás trabajar de acuerdo a lo que dice tu permiso de trabajo y deberás respetar los términos y condiciones establecidos en el mismo, en todo momento. Los permisos de trabajo generalmente se emiten por 1 o 2 años.

En la mayoría de los casos, el empleador le ayudará a sus empleados a organizar un alojamiento temporal para que tengan un lugar en donde quedarse a su llegada a Canadá.

Ventajas de trabajar en Canadá

En muchos casos, tendrás la oportunidad de solicitar la Residencia Permanente si apruebas un examen de idioma (ya sea inglés o Francés) y si cuentas con estudios a nivel secundaria, pues existen programas para personas que ya cuentan experiencia laboral en Canadá.

Podrás incluir a tu cónyuge e hijos (menores de 22 años) en tu solicitud de residencia permanente, para que todos obtengan Residencia Permanente y puedan emigrar juntos.

Después de 2 o 3 años de vivir en Canadá como residentes, tanto tú como tu familia, podrán solicitar la ciudadanía y obtener un pasaporte canadiense.

Es importante que conozcas tus opciones, ANTES de aceptar cualquier oferta de empleo, si es que tienes interés de aplicar a la residencia permanente en Canadá en un futuro.

El salario de tu trabajo será más alto en Canadá, pero también tendrás que gastar más para vivir. La familia normalmente puede venir contigo si es que vienes a un puesto calificado, tan pronto como puedas cubrir con los gastos de sus visas temporales y estancia.

Tu esposo/a o cónyuge podrá obtener un permiso de trabajo abierto si tu trabajo es calificado.

Con un puesto de entry-level será distinto, pues tu salario suele ser más bajo, por lo que tu familia solo podrá venir contigo, si ganas lo suficiente para mantenerlos durante su estancia en el país.

Los cónyuges o esposos/as de trabajadores de entry-level o principiantes, por ahora no califican para un permiso de trabajo. Sin embargo, esto podría cambiar en el 2023. Una vez teniendo la Residencia Permanente, por supuesto, es de esperarse que tu familia te acompañe a Canadá.

Para conocer mas acerca de los diferentes permiso de trabajo en Canadá, puedes visitar el enlace work permits

Ten cuidado con las ofertas laborales e informate con quien realizas tu trámite para no ser estafado

No pagues por un trabajo. Es ilegal que tú como trabajador pagues para obtener una oferta de empleo. Debes tomar en cuenta que es normal que pagues por las tarifas de la visa para obtener tu permiso de trabajo DESPUÉS de obtener la oferta laboral del empleador canadiense, así como pagar por los servicios ofrecidos por un practicante de inmigración, tal como un abogado o consultor migratorio, pero nada más!

Siempre trabaja con practicantes con sede en Canadá, y no con personas que se encuentran fuera del país y que no están reguladas. Los practicantes en Canadá, deben seguir las leyes canadienses y la policía puede investigarles si estafan a alguien.

Date a la tarea de investigar en línea sobre cualquier persona con la que planees trabajar. Busca información en Internet, consulta Google Reviews y pídeles que te muestren que están autorizados para practicar como abogados o como consultores en Canadá.

Si tienes dudas sobre su ubicación, solicita que te muestren cómo se ve el exterior durante una reunión virtual. Esto no es una manera perfecta de saberlo, pero si el fondo se ve igual que la temporada actual en Canadá (por ejemplo, hay nieve en invierno), esto de alguna forma te brindará cierta tranquilidad.

La página web del Gobierno de Canadá brinda información importante sobre quienes son considerados representantes de inmigración autorizados, y de los servicios que estámos facultados a otorgar.

En nuestro blog post how to decide if you should hire an immigration consultant for Canada encontrarás información adicional al tema.

¿Quiénes somos?

En The Way Immigration representamos a empresas y empleadores Canadienses que buscan contratar a trabajadores foráneos y a su vez, trabajamos con personas que desean venir a trabajar a Canadá, representando sus aplicaciones de permiso de trabajo ante Immigration, Refugees and Citizenship Canada (IRCC).

Contamos con más de 15 años de experiencia en el ámbito de inmigración y con una de las tasas de aprobación más altas en la industria. Somos expertos en el área y nos encantará poder ayudarte a cumplir tu sueño canadiense.

No dejes tu futuro en manos de cualquiera y contáctanos en el siguiente enlace: https://www.thewayimmigration.ca/contact-immigration-consultants-calgary

Mi nombre es Georgina Rico y soy originaria de la ciudad de León, Guanajuato, México. Actualmente me desempeño como Consultora de Inmigración en Canadá, para la firma The Way Immigration Inc. Será un placer asesorarte y acompañarte en tu jornada rumbo a Canadá.

How to apply for proof of Canadian Citizenship for my child?

Tue, 28 Jun 2022 21:06:00 GMT

Canadian citizens who reside abroad have been known to fall in love and have children. When those children are born outside Canada, they may be entitled to Canadian Citizenship , but there can be a lengthy process to obtain proof from the immigration authorities that the child is Canadian. This document is the Canadian Citizenship Certificate .

Whereas Canadian-born children are automatically eligible for a passport on the basis of their Canadian birth certificate, a child born abroad needs the extra step of getting the citizenship certificate as proof of this, and then the Canadian passport.

Therefore, Canadian families who want to travel home to Canada need to plan well in advance to ensure that any foreign-born children can obtain a Canadian passport in time to join the trip. During the COVID pandemic, the processing time for a Canadian citizenship certificate reached 18 months. That is a long time to be stuck abroad, without the opportunity to travel back to Canada as a family, particularly during a global pandemic.

Is my child a Canadian citizen?

Under the Canadian Citizenship Act , a child born outside Canada to at least one parent who is a Canadian citizen is automatically a Canadian citizen at birth as long as their parent was born inside Canada, or became a naturalized Canadian citizen.

Children born outside of Canada, after April 2009, to a parent who is a Canadian citizen will not be granted citizenship at birth if their parent was born outside Canada and inherited their own citizenship because one of their parents was Canadian at the time of their birth. This is called the ‘second generation cut-off’ rule. (An update in Jan 2024 - the Canadian government recently lost a court case that challenged the validity of this law, and have indicated that they will not appeal the loss. Therefore, we expect that the 2nd generation cut off rule will be changed in the months ahead, and there will be some mechanism introduced to facilitate Canadian Citizenship for those born abroad.)

Just a note about something that is pretty obvious, but we will re-state it. A child born in Canada will have automatic citizenship and a Canadian birth certificate, regardless of the immigration status of their parents. There are very few exceptions to this (like children of foreign diplomats).

How do I get a Canadian Passport for my child?

To be eligible for a Canadian passport for your child born abroad, you will first need to obtain formal proof of your child’s citizenship status, namely the Canadian Citizenship Certificate . The Canadian biological parent must make the application on behalf of their child born abroad to the nearest Canadian Consulate or Embassy in the region.

Once this application has been processed by the immigration authorities and a Canadian Citizenship Certificate has been granted, you can then apply for a passport – usually to the same Consulate or Embassy. This entire process can take well over a year, so it is recommended that parents start making the application to obtain the Canadian citizenship certificate for their children shortly after birth.

What if we need to travel to Canada before Proof of Citizenship can be obtained?

Most Canadian Consulates or Embassies overseas will have a process that you can follow to obtain an Emergency Travel Document for a child that is born abroad to a Canadian parent. This document can be issued at the discretion of the Canadian government to a baby who is likely Canadian, but who currently does not have the proof of Citizenship document. With this travel document, your child will be able to travel back to Canada with you (usually one time only) while waiting for the Canadian citizenship certificate to obtain a Canadian passport.

What do I do if my child is not a Canadian Citizen?

If you yourself were born outside of Canada and obtained Canadian Citizenship from one of your parents as a first generation citizen born abroad, then your foreign-born child is not entitled to inherit Canadian Citizenship at birth. These children are the second generation children born abroad and are not granted automatic or birthright citizenship. (Again, note that effective Dec 2023, the status of those considered second generation born abroad is somewhat uncertain, as the Canadian government is deciding how to proceed with this cohort of individuals after the loss of a court challenge on this issue.)

You will need to sponsor the child for Permanent Residency as the first step, a process that can normally take 6-12 months. Once the child is landed as a Permanent Resident, if they are under the age of 18, they are eligible to apply for Canadian Citizenship immediately, as the minor child of a Canadian citizen who has become a Permanent Resident. There is no physical presence requirement for a minimum time in Canada.

But if your child becomes a Permanent Resident after the age of 18, then time spent in Canada is required, as it is with other Permanent Residents who apply for citizenship. They will need to live in Canada for at least three years before they are eligible to apply for Canadian Citizenship. If a permanent life in Canada is desired, it is always wise to obtain citizenship at the earliest opportunity, because citizenship comes with certain rights under law that protect your ability to live in Canada, compared to permanent residents.

It’s important to note that you can only sponsor your child for Permanent Residence while they are single and under the age of 22. After the age of 22, the child is not eligible to be sponsored and loses the ability to achieve permanent status in Canada on the basis of their parent’s citizenship.

Can my child have Multiple Citizenships?

Yes. It is worth noting that Canadian citizens may have citizenship in any number of other countries – indeed, having multiple citizenships is quite common in Canada.

But some countries require their citizens to give up their citizenship if they acquire another one, so you may want to clarify this with the foreign government where applicable. The Government of Canada has no such rule; another citizenship or multiple citizenships will be no problem for Canada.

At The Way Immigration, we have helped many successful applicants obtain proof of Canadian citizenship for their children born aboard. Of course, we routinely help adults transition from Permanent Residence to Canadian citizenship as well, and share with them the excitement of their citizenship ceremony as the final step in a long road to calling Canada home. Contact our Calgary immigration office today to discuss your questions about citizenship for yourself or your child born abroad.

Alberta Advantage Immigration Program – Express Entry Stream

Tue, 28 Jun 2022 20:35:00 GMT

The Alberta Advantage Immigration program (AAIP), formerly known as the Alberta Immigrant Nominee Program (AINP), is a collection of immigration programs that supports Alberta’s economic development by choosing people who are interested in immigrating permanently to Alberta and who have skills that will benefit the province. Applicants first apply to Alberta for provincial nomination ( Alberta PNP ), and successful candidates can then use their provincial nomination certificate to apply for a Permanent Resident visa from Immigration, Refugees and Citizenship Canada. In addition to being eligible to apply for Permanent Residence, provincial nominees can apply for a work permit without the need for a Labour Market impact assessment (LMIA) .

The Alberta Express Entry stream of the Alberta Advantage Immigration Program (AAIP) is an application stream that operates by invitation only. Potential candidates must first have a profile in the federal Express Entry pool and must have indicated a willingness to live in Alberta. Representatives of the AAIP will then consider the candidate’s profile, and decide whether or not to extend an invitation to apply (called a Notification of interest). Note that there is not a separate Alberta PNP points calculator. Alberta uses the federal express entry system as it’s pool to source qualified candidates for the Alberta Express Entry stream. AAIP draws are held approximately once per month and successful candidates receive a Notification of Interest (NOI letter) in their Express Entry profile.

The minimum eligibility requirements of the Alberta Express Entry stream are an active Express Entry profile, a minimum CRS score of 300 or higher, and a willingness to live in Alberta. In most instances, candidates who receive an invitation to apply under the AAIP EE stream will also have at least one of the following eligibility criteria:

A valid Alberta job offer
A close relative living in Alberta
A degree or diploma from a post-secondary institution in Alberta

There are instances whereby individuals with only a valid Express Entry profile (300+ CRS), and no other qualifying factors will receive a Notification of Interest from Alberta . This usually means that the individual has identified, in their profile, past work experience in an occupation that Alberta finds desirable. It needs to be emphasized that this is a somewhat rare occurrence, and most candidates who receive a Notification of Interest from Alberta have some existing connection to the Province – one of the three mentioned above. Exercise caution before spending large sums of money from overseas because someone told you that a CRS score of 300 will make you eligible for AAIP EE. While you may technically be eligible, the likelihood of you receiving an invitation to apply from Alberta simply because you have a CRS of 300 is relatively low.

Alberta does not publish a list of eligible occupations, but states that your chances of being invited to the Alberta Express Entry Stream are lower if your primary occupation is one of the ineligible occupations that are listed for the Alberta Opportunity Stream .

It is also important to remember that having an ineligible Express Entry profile can be used to refuse your future application for a work or study permit to Canada. Never submit your details into the federal Express Entry pool just to see what will happen. It’s important for you to understand what your chances of actually being successful with an Express entry profile are before you submit your details into the Federal Express Entry pool.

How to apply for Alberta Express Entry?

The process of applying through the Alberta Advantage Immigration Program Express Entry stream starts with creating an Express Entry profile. To do so, you will require valid language test results and possibly an Educational Credential Assessment. Once you have an active Express Entry profile, if you have indicated that you are willing to live in Alberta, and you have a CRS score that is higher than 300 – you become one of the qualified candidates and your profile is eligible to be considered by Alberta.

AAIP Notification of Interest

You will be notified that there is a new message in your IRCC portal if Alberta decides to invite you to apply for the AAIP EE stream. When you log into your active Express Entry profile, there will be a pop-up window that advises you that Alberta is interested in your profile You will need to take a screenshot of that message and email it to the AAIP program within 2 weeks of receiving it, in order to receive access to the Alberta Express Entry stream application portal. Once Alberta responds to your email and provides you with a link to their application portal, you will have 30 days to start creating your AAIP EE Application and a total of 60 days in which to submit it for processing.

What do I need to apply for AAIP EE?

The first requirement to initiate your application is a MyAlberta digital ID . You will log into the Alberta application portal using your MyAlberta ID, and all communications regarding your application will go to the email account associated with your MyAlberta ID.

How do I apply for Alberta (AAIP) Express Entry?

After you have received the link to the Alberta Express Entry application portal and logged in using your MyAlberta ID, you will enter your information into an online form. Standard biographical information plus details regarding your post secondary credentials and work history are required. When the forms have been completed, you will be given a document checklist of documents that you need to upload in order to complete your application. The required documents will vary with each unique applicant situation, but generally include copies of passport, language exam, Educational Assessment, proof of work experience, proof of valid Alberta job offer (if applicable), professional licenses, and proof of status in Canada (like a valid work permit or study permit ). Probably the most challenging part of the application is ensuring that you provide appropriate documentation to show how you were eligible to enter the Express Entry pool in the first place, and also ensuring that the employment letters have all of the required information and the duties listed to satisfy the NOC code that you have claimed. Once you have completed the forms and uploaded the required documents, you will be prompted to submit the application and pay the $500 processing fee

What is the processing time for AAIP EE?

The AAIP EE stream is a 4 step process, whereby interested parties submit an Express Entry profile, wait to see if Alberta will express interest in their profile, apply to the program in response to a notification of interest, and finally, submit an application for Permanent Residence if Alberta issues a nomination certificate. There is no set processing time to determine whether or not Alberta might send you a Notification of Interest. It is simply a matter of submitting your profile and then waiting to see what happens. If Alberta does send you a Notification of Interest, and you submit it within the 60 days deadline, you should expect to wait between 6-10 weeks to hear back from Alberta with a decision. If Alberta decides to issue you a nomination certificate on the basis of your application, they will add 600 points to your Express Entry profile.

You will need to indicate inside your profile that you have accepted the nomination (a yellow button will appear) and then you are likely to receive an Express Entry invitation to apply whenever the next round of invitations are issued for Provincial Nominee Programs. At the time of writing this article, IRCC has consistently been holding Express Entry draws for Provincial Nominees every two weeks. Once you have accepted your Express Entry Invitation to Apply, you have 60 days to submit a complete application, and those applications are usually processed within 6 months. Therefore, you should expect to wait on Alberta for about 2 months and you should expect to wait on IRCC for about 6 months before your Permanent Resident status is confirmed. Remember that you need to factor in your own application preparation times into this timeframe.

To check recent processing times for AAIP application streams, you can visit their website at
https://www.alberta.ca/aaip-processing-times-and-inventory.aspx

Can I change jobs if I apply through the AAIP EE program?

If you are working in Alberta at the time of your application through the AAIP EE stream, you are expected to notify Alberta anytime you change your job prior to becoming a Permanent Resident. Alberta reserves the right to cancel your nomination certificate if they don’t feel that your new job is appropriate according to the terms under which you were originally nominated. Our best advice to clients is to remain in their jobs until Permanent Residence is achieved, to avoid cancellation of your PR application if Alberta decides they don’t support your new role.

How long do I have to live in Alberta if I apply through the AAIP?

Anytime you are applying through a Provincial Nominee Program, you are certifying that you intend to live in the province that is nominating you. Because of that, you certainly need to remain living in Alberta during the processing of your Permanent Residence. Once you are landed as a Permanent Resident, things get a little murky. Although technically no one can dictate to you where you must live at that point, at some point in the future you will be providing your address history to IRCC when you either apply for a new PR card or make an application to become a Canadian Citizen. It could raise suspicions regarding your intentions if your address history does not show you residing in the province that nominated you, even for a short period of time after landing as a Permanent Resident.

Can I apply through the AAIP EE stream if I have an open work permit?

The Alberta Opportunity Stream is the program whereby most open work permit holders are ineligible to apply. If you are working in Canada on an open work permit, and Alberta issues you a Notification of Interest through the Express Entry stream, then you are eligible to apply.

The Alberta Accelerated Tech Pathway

A sub stream of the Alberta Express Entry stream is the Accelerated Tech Pathway – an application stream that gives priority processing to Express Entry candidates who meet the minimum eligibility criteria:

A minimum CRS score of 300 or higher
An interest in immigrating permanently to Alberta
A job offer with an eligible Alberta employer , in an eligible occupation that is the same as your primary occupation in your Express Entry profile
More than 3 months until your Express Entry profile expires

The process to apply for the Alberta Accelerated Tech Pathway is slightly different than the Alberta Express Entry stream. Eligible candidates with an Express Entry profile need to submit a short form to Alberta and then wait to see if Alberta will invite them to apply for through the stream. Contact our Alberta immigration office to answer your application questions.

Alberta Foreign Graduate Entrepreneur Stream Requirements

Thu, 02 Jun 2022 19:46:00 GMT

Foreign Graduate Entrepreneur Program (AAIP – FGES)

Obtain Canada Residence by Investment

Immigration or Citizenship by investment is a pathway whereby business people who have the capital to invest in Canada can, under certain circumstances, start or purchase a business in Canada and receive Permanent Residence as a result. Most of the business immigration programs in Canada are Provincial Programs operated through the Provincial Nominee Programs. Alberta Advantage Immigration Program offers some of the newest investor visa programs, with the FGES stream being for recent University graduates who have business management experience. For those who are interested in living in Western Canada, the Alberta Advantage Immigration Program provides a great opportunity.

Note that the Alberta Provincial Nominee program was formerly called Alberta Immigrant Nominee Program or AINP, before the name was changed to the Alberta Advantage Immigration Program or AAIP in 2022.

Alberta Investor Program for Foreign University Grads

In 2021, Alberta introduced an entrepreneur program that hoped to target foreign IT graduates who studied in the United States but might not have a pathway to Permanent Residence there. The original program was so narrowly constructed that almost no one qualified to apply, and so after several months with no applicants, Alberta has revised the program to be more reasonable. The program was originally called the Alberta Foreign Graduate Start-Up Visa program and was renamed the Foreign Graduate Entrepreneur Stream when the Alberta Immigrant Nominee Program changed its name to the Alberta Advantage Immigration Program in early 2022.

Who is Eligible for the Foreign Graduate Entrepreneur Program (FGES)?

To qualify for the Alberta Foreign Grad Entrepreneur Stream, at a most basic level, you will need:

to have graduated with a degree within the past 10 years,
between $50,000 – $100,000 to invest in a business,
at least 6 months of business ownership or management experience,
a min CLB of 5 in English or French
the support of an incubator

Often the most difficult part of any entrepreneur’s application to Canada is achieving the support of an incubator. For the AAIP program , thus far only 2 incubators have been designated, and really only one of those seems to actively be accepting clients throughout the year – Empowered Startups .

Note that there is no minimum net worth threshold for the Alberta FGES program, but applicants need to be able to demonstrate sufficient financial resources to accomplish the proposed business plan plus funds to support their efforts to settle permanently in Alberta.

What type of business idea is acceptable under the Foreign Graduate Start-Up Visa Stream?

The business plan presented for this program must demonstrate a connection to one of the following 8 industries:

Technology
Aerospace
Financial services
Energy
Agriculture
Tourism
Life Sciences
Pharmaceuticals

Can I qualify with an Existing Business for the Alberta Foreign Grad Entrepreneur Stream?

Foreign graduates who otherwise meet the minimum eligibility criteria for the Alberta FGES program, but who have already started a business in Alberta, in one of the acceptable industries, can also apply to the FGES stream. The business must have successfully operated inside Alberta for at least one year before the Expression of Interest is submitted. If you are invited to apply by Alberta, you do not need to operate your business for an additional year before you can apply for Alberta nomination.

How much money do I need to qualify under the FGES?

Although there is no formal net worth requirement to demonstrate under the criteria for this program, there are a few significant financial considerations in order to access the program. Investor programs are always the most expensive immigration streams and you will require significantly more funds than just the minimum investment amount if you hope to be successful.

Incubator fees – expect costs between $75,000-$100,000 depending on the degree of incubation you require to successfully launch your business
Immigration fees – expect costs between $25,000 -$40,000 including professional fees and government fees, depending on the number of family members included with your application
Minimum investment – the minimum required investment into your business before arrival in Alberta is between $50,000 – $100,000 depending on where you plan to establish operations. The minimum investment amount is lower if you will start your business in rural Alberta, and higher if you want to be in Calgary or Edmonton.
Cost to sustain yourself in Canada – you will need to show that you have enough remaining cash to meet the LICO requirements for Alberta , depending on your family size and where you plan to live

What are the benefits of the AAIP FGES?

Compared to many other Provincial Entrepreneur programs, the net worth requirement and the previous business experience requirement for the AAIP FGES are relatively low. You can be eligible for the program with a net worth of around $250,000 depending on the type of business you want to establish, and where you want to set up shop.

This is a program that intentionally targets young people; therefore, where most other Provincial entrepreneur programs require at least 2-3 years of business management experience, the AAIP FGES requires just 6 months.

With the AAIP FGES being a relatively new program, processing times are quite fast compared to other Canadian Provincial investment programs. Alberta is motivated to get the program up and running and applications are processed on a priority basis as compared to other AAIP program streams. As well, because Alberta offloads much of the business assessment portion of the program to the incubator, Alberta officials have a more streamlined application process to work with and can render decisions more quickly than if they were expected to formally assess the business prospects.

What are the drawbacks of the AAIP FGES?

Although the financial and experience requirements of the AAIP FGES are lower than other immigration investment programs in Canada, gaining the attention of an incubator is a necessary first step for entry to the program, and it’s not an easy feat to achieve.

You must successfully run your business for at least 18 months, if not longer, in order to successfully achieve PR status through this program. It is not a program to buy immigration status for Canada only – you must also have a decent business idea that you can afford to finance for a few years.

Finally, the time from entry to the program until you receive Permanent Resident status will probably be longer than the Federal Start-Up Visa program, because there are many required steps for the AAIP FGES stream. You should expect it will take approximately 4 -6 months until you can apply for work permits, then another 12-18 months inside Canada before you receive your nomination certificate. Once you have been nominated, it will take the federal government around 17 months to process your Permanent Residence. Of course, there are ways to maintain legal temporary status in Canada during this time so that you can be working and running your business, but overall, anytime you go through a Provincial Nominee Program, the processing time is going to be longer than applying outright through a federal program.

How to Apply for Immigration to Alberta as an Investor via FGES

Any immigration by investment program is complex, including Alberta’s FGES. There are a number of different steps and stages to navigate successfully in order to achieve Permanent Residence through this pathway.

The first step that is needed to apply to Alberta’s FGES program is a letter of support from one of the incubators designated to assist with the program. As mentioned earlier, our experience that Empowered Startups is the designated agency who is most active to date in this program. If the incubator feels that your business idea has merit, they will work with you to prepare a Business Plan and a presentation on your idea, and issue a letter of support that the AAIP requires as part of your Expression of Interest in the AAIP FGES program.

The Expression of Interest for Alberta’s FGES program is an online submission that includes the letter of support from the designated agency (incubator), a business plan, a pitch deck for your business idea, and an informal declaration of your net worth. You need to ensure that you proposed business plan meets the requirements for the program before submitting your EOI , including the industry you will operate in, the location of your business, how much you plan to invest and the funds you will bring with you to Canada. There is no cost to apply to Alberta at the EOI stage, but by this time you will have invested a significant amount with the incubator for their assistance.

If Alberta likes your business idea, you will receive an invitation to submit a completed Business Application within 90 days. There is a lot to accomplish in this window, so you need to get started immediately. Your Business Application package needs to include a formal Net Worth Assessment (Qualified Service Provider’s Report by a designated accounting firm) as well as a Business Plan evaluation (completed by your incubator). The Accounting firm will need evidence of all of your assets to calculate your net worth, which can include formal appraisals of real estate, tax returns for a number of years and statements from all monetary investments. Once you have provided this information, the net worth assessment takes several weeks to prepare.
The Business Application, in addition to the reports mentioned above, also includes your language test results, your educational credential assessment, as well as company documents and reference letters to prove your past business experience. When submitting the Business Application, you will need to pay $3500 in processing fees to the Alberta Advantage Immigration Program.

If your Business Application is successful, Alberta will offer you a Business Performance Agreement which is a contract between you and the Province of Alberta. The Business Performance Agreement specifies what business activities you are expected to complete before you can apply for Provincial Nomination through Alberta. You are required to review the Business Performance Agreement with an independent attorney prior to signing it and returning the original signed copy to Alberta. Our firm recommends William Musani at McLeod Law as the Alberta attorney to review the AAIP Business Performance Agreement. He has participated in our client applications previously and understands what is required.

Once you have signed off on the Business Performance Agreement, Alberta will issue you a work permit support letter. This letter enables you to apply for a work permit within 3 months, so that you can travel to Canada and start work on establishing your business in Alberta. Before you can submit the work permit application, you will need to incorporate your Business in Alberta, register for the IRCC Employer portal and submit an appropriate e-job offer as a self-employed Provincial entrepreneur. In order to be approved, the work permit application needs to demonstrate why your business will bring significant benefit to Canada. This application is probably the most important part of your process to date, and the most likely to be refused. It’s important that you know what you are doing, or all of your efforts and finances to date will be wasted.

If your work permit application is approved, you will then travel to Alberta and start work on launching your business. There are a number of reporting deadlines that are mandatory, so ensure that you are well-organized and pay attention to Alberta’s requirements. Once you have successfully operated the business for 12 months in Alberta and met all of the other requirements in your Business Performance Agreement, you can submit an application to the AAIP for Nomination.

When you successfully obtain your Nomination Certificate from the Alberta Advantage Immigration Program, you then apply to Immigration, Refugees and Citizenship Canada as a Provincial Nominee. This is an online application that takes anywhere from 5-22 months to finalize. You will require police clearances and medical exams for this application, and IRCC may request additional financial documentation from your business to ensure that you are still successfully operating your new Alberta business. It’s also important to extend your work permit if necessary, to ensure that you maintain legal status in Canada while your Permanent Residence application is being processed. When this application has been approved, you will finally be a Permanent Resident of Canada .

Work with an Expert for Investor Immigration to Alberta

The costs to apply for immigration through business immigration programs are substantial, the application requirements are often unclear, and the timeframes are longer than most other pathways to obtain Permanent Residency in Canada. When that kind of time and money is on the line, you want to ensure that your application is going to be managed properly, so that you obtain the approval you need to immigrate to Canada as an investor. Your best option for an Alberta Immigration Consultant are the experts at The Way Immigration. We have actually represented successful applications under the AAIP FGES stream – something not many representatives have done to date. Contact us today to learn how you can turn your business idea into a Canadian Permanent Residency.

At The Way Immigration, we are Alberta Immigration Consultant s. As some of the most experienced Canadian Immigration Consultants in Calgary, Alberta , we deal with the Alberta Advantage Immigration Programs each and every day of our working lives. We would be happy to assist you to ensure that your application for Alberta Nomination under AOS is successful, and that you receive your Permanent Residence in the shortest possible timeline.

How to Sponsor a Relative to Canada

Thu, 24 Feb 2022 22:38:00 GMT

The most common type of family sponsorship to Canada is for spouses, common-law partners, parents, grandparents and dependent children, but did you know that certain people can also sponsor other relatives to Canada? A unique family sponsorship program allows you to sponsor other family members if you find yourself in Canada without any family and have no immediate relatives you can otherwise sponsor. This program is also known as the “Lonely Canadian” or “Other Relatives” sponsorship.

Who can be a sponsor under the Lonely Canadian program?

The program allows Canadian citizens or permanent residents to sponsor one relative from abroad if they meet all the criteria.

It is intended for those who find themselves in quite exceptional circumstances. They have no immediate family in Canada, and also have no one abroad eligible to be sponsored under the existing family class sponsorship streams.

To be more specific, Canadian citizens or permanent residents may be eligible if they do not have (either in Canada or abroad) any of these:

a spouse
a common-law partner
a dependent child
a parent or grandparent who is alive.

This is because the above individuals would fit another family class category where they could potentially be sponsored. Family class sponsorship already exists for parents and grandparents, as well as your spouse or common-law partner and dependent child, including an adopted child.

Therefore, the Canadian citizen or permanent resident must first prove they do not have people in their life who fit any of the the existing family sponsorship programs.

Next, the sponsor must also show they do not have certain close relatives in their extended family already living in Canada as a Canadian citizen or permanent resident. These close relatives include the sponsor’s:

adult child
brother or sister
aunt or uncle
niece or nephew
grandchild

A potential sponsor who has none of the above is considered “alone in Canada” and therefore eligible for this unique sponsorship program to sponsor another relative. By the way, the family members listed above are only those who are related by blood or adoption, not relatives by marriage.

Family Reunification is a Priority for Canada

The purpose of the Lonely Canadian sponsorship program is for family reunification.

Canada Immigration recognizes that in some cases Canadian permanent residents or citizens may be living alone in Canada, and not have any immediate family members to sponsor. This could be because the person never married or took a partner, or their marriage or common law relationship may have ended. Or perhaps their immediate family members have passed away. They may already tried a temporary resident visa, but that did not meet their needs. In such cases, they may qualify to use this program to sponsor certain family members abroad to come to Canada permanently – one time only.

Requirements to Sponsor a Relative to Canada

To be eligible to sponsor a family member to immigrate as a Permanent Resident under the other relative program Canada , you must meet the basic qualifying factors:

You must be 18 years of age or older
Be a Canadian citizen or Canadian Permanent Resident
Must live in Canada (or plan to return to Canada when your relative immigrates)
Have the minimum necessary income – according to the current Federal Table for Low-Income Cut Offs (LICO)
Be prepared to provide financial support when they arrive
Be willing to financially support your relative for 1o years if necessary
Meet basic needs for yourself and your sponsored family member through other support such as:

Food
Shelter
Clothing
Personal requirements
Eye and dental care
Personal requirements and household supplies

Make sure your relative doesn’t need social assistance

The sponsor will be responsible for the sponsored relative for 10 years from the moment they become a permanent resident of Canada. As with all sponsorship programs, the sponsor must sign a binding sponsorship agreement with Immigration, Refugees and Citizenship Canada (IRCC) promising this. It means the sponsored person will not be eligible to collect social assistance from the government within those 10 years – so choose relatives who like to work! If the person you are sponsoring can support themselves in Canada, great; but if they cannot, you must continue to support your relative financially.

Who cannot sponsor a relative to Canada?

In addition to the specific criteria outlined above, this program also requires the sponsor to meet the same basic eligibility for sponsors as other family sponsorship programs.

Therefore, you may not be eligible to sponsor a relative to Canada if you:

Have declared bankruptcy and haven’t been released from it yet
Receive social assistance (other than for being disabled)
Have an immigration loan that you haven’t paid, are in default, have late or missed payments
Are in prison or jail
Are a permanent resident who is outside of Canada
Are a permanent resident who doesn’t meet your own residency requirements
Previously sponsored another relative and didn’t meet the terms of the sponsorship

Which Relatives Can Be Sponsored?

As a citizen or permanent resident of Canada, you can make a sponsorship application for any relatives to come to Canada under this program as long as you can prove they are related to you by blood or adoption, such as an aunt or cousin. It does not apply to relatives by marriage.

The sponsored person can be any age – there is no age limit.

The person you are sponsoring does not need to be single. This means they can include their own family members (spouse or dependent child) on the sponsorship application. Each would become a permanent resident of Canada as well, but you would need to be able to provide financial support for them too.

The Application

You submit the application online. Once you are approved as a sponsor, the person you are sponsoring will have their permanent residence application assessed and, assuming they are admissible (pass the medical, criminal and security checks) they should be approved. The quality of your application will be an important factor in whether you are asked to submit additional documents or experience delays, and are ultimately approved.

The Program Works, but Proceed with Caution

While the Lonely Canadian program may seem straightforward at first glance, these immigration applications can be very tricky to navigate. Very few people will actually qualify to sponsor another relative to Canada. If they do, it is definitely one of the more difficult programs to use – especially to compile all the detailed information needed to prove you qualify and navigate the complicated online platform. If you think you and your family member may be eligible, please contact our office to learn more and we can help make sure you are on the right path.

The Way Immigration has helped thousands of families reunite successfully in Canada. Let our immigration consultant in Alberta help you get your relatives here and ensure your application is properly done the first time.

Can You Submit Spousal Sponsorship Online?

Thu, 03 Feb 2022 16:27:00 GMT

IRCC is working to modernize its operations and has recently introduced the option to apply for Family Sponsorship via a new online process instead of the traditional paper application process. We applaud IRCC’s efforts to modernize and want to do what we can to support their initiatives.

Spouse or Common-Law Partner Sponsorship – Apply online or by paper

Can I submit a sponsorship application online? This is a common question at the moment because IRCC has recently opened a new application portal whereby it’s now possible to apply for sponsorship online, instead of only using the traditional paper pathway. Eventually, only the online option will remain, but while you have a choice, we recommend that you take the simplest option.

Overall, our advice to clients who want to prepare their own application is to do the paper option. While we do want to support IRCC in what they are trying to do, the new online portal process is quite confusing, and we can foresee a lot of frustration for applicants who are doing this process for the first time. Here’s a quick rundown of what kind of adventure you are in for.

How to apply for Spousal Sponsorship Online

When you set up your online PR portal account, one of the first things you will see is a long list of nearly every form that IRCC publishes. It’s up to you to sort out which forms are needed for your particular application process. There is no spousal sponsorship application checklist that automatically populates inside the portal – you need to create a paper document checklist and translate it into your online application by choosing your own forms and setting up your own fields.

What forms are required for Spousal Sponsorship Online?

Some of the required forms are online forms, and you will need to complete your details online. Other forms will need to be downloaded, completed, printed, signed, scanned and then re-uploaded to the application portal. You need to sort out which is which.

What supporting documents would you provide in a Spousal Sponsorship Online?

Once you have the forms sorted out, you will need to choose the appropriate support documents from a drop-down menu, and then add in your own fields to account for any other documents that are required but not listed by IRCC. Essentially, you need to be able to create your own application framework in order to be successful in using the new PR portal that IRCC has developed.

We think this is going to be a problem for most self-represented clients because our office reviews a lot of paper applications for people doing their own work, and it is rare to find an applicant who has perfectly completed their paper application even when the application framework has been clearly laid out for them by means of the paper document checklist. In most cases, it is quite difficult for first-time applicants to follow a paper process that is clearly laid out – we just can’t imagine what clients will do if they have to also define their own process, to begin with. How will you know that you are missing something if you are the one who is making the list of requirements to begin with?

There are a lot of supporting documents to provide in a common-law sponsorship application and it can be difficult for applicants to properly arrange the necessary documents in paper format. I can foresee lots of issues where necessary documents are not provided by self-represented applicants because the online system did not ask for them, and the applicant was unaware that they would be required.

Keep in mind that IRCC will return your application as incomplete (months down the road) if you submit a less than perfect application package. So, the stakes are high.

When does it make sense to submit an online sponsorship application?

In some instances, timing will play a role in deciding whether to submit an online or paper application. This is particularly true if your status inside Canada will expire shortly, and you need to have your PR application submitted rather quickly in order to maintain your ability to work in Canada. One could imagine a scenario where an applicant has a scanned copy of a document but cannot obtain the original document in a short amount of time (like a police clearance). To submit a paper application, you will need the original police clearance , but to submit an online application, you will upload a scanned copy. In a situation such as that, it may make sense to try the online application process and work with the scanned documents that you have available, but I caution you to seek professional help. Anytime an applicant is rushing their process and anytime the process is new, there is an increased risk of error. In the situation just described, we have both of those high-risk situations at the same time.

Please also note, with reference to the scenario described above, that only submitting a sponsorship application does not allow the applicant to continue to work. You need to submit both an application for a spouse or common-law partner sponsorship PLUS an open work permit in order to maintain the ability to work. Only if you submit both applications, can you stay in Canada while waiting for a spouse or common-law sponsorship.

How long does it take to process common-law sponsorship online?

Online versus paper – which application stream will be faster? IRCC has said publicly that there will be no difference in processing time for an online application versus a paper application. Because online applications are submitted and returned electronically, you will save courier time in sending your application and you will be notified faster if your application is rejected as incomplete. But overall, the benefit of this slight time and cost-saving is more than offset by the increased risk of an error in the online application process.

The stakes are high when applying for a spouse or common-law sponsorship to Canada. It’s a common misconception that IRCC will contact you to ask for additional documents after you have submitted your application. Your application needs to be perfect from the time that you submit it. Now that people applying online are expected to create their own application framework, it is harder than ever to ensure your application is perfect before submitting it for processing. Contact our Canada immigration Calgary office today if you want your application to be submitted online, but you don’t want the stress of worrying about it yourself.

Can I Leave Canada After Applying for Inland Spousal Sponsorship?

Mon, 10 Jan 2022 21:21:00 GMT

There are two ways to apply for Spousal or Common Law sponsorship to Canada – overseas or inland. The factor that most often determines the appropriate pathway for a client residing in Canada is: do you need to work or do you need to travel? The processing times used to be a major consideration as well, but they are more similar now, so the processing time is no longer a deciding factor.

If you need to travel – then you should apply through the overseas sponsorship route. You can leave Canada after applying for an overseas (also called outland) spousal sponsorship with no impact on your PR file. Therefore, this is the most reliable option to use if you know you will need to leave Canada while waiting for your Permanent Resident status .

If you wish to work in Canada during the process, then you should apply through the inland sponsorship route, as this pathway allows you to get an open work permit while awaiting PR.

What about if I want to work in Canada but also need to travel?

We often find that some clients will want to do both, travel and work, even though we do not recommend travel outside of Canada for inland sponsorship applicants while their application for Permanent Residence is in process.

Why do we advise against this? It’s because your re-entry is not guaranteed – it will depend on the Port of Entry officer to let you back into Canada. This is true even though you have an electronic travel authorization (eTA) or a multiple entry visa. These allow you to fly to a Canadian Port of Entry, but the border officer has authority to question everyone entering Canada, and has the discretion whether to admit you as a foreign national .

Furthermore, it gets harder, not easier, entering Canada when the border officer knows that your spouse or common-law partner is living in Canada. This is counter-intuitive, but remember that if you left Canada and return to a port of entry, you are (under Canadian immigration law ) seeking to enter Canada as a temporary visitor – meaning you are coming for a short time and will return to your home country when your visit is done. If your spouse or common-law partner lives in Canada and you have made your home with them, then you are not really a genuine visitor who is intending to return home outside of Canada – and a border officer could refuse you entry on that basis.

If you left Canada, other things can happen too. You may need to stay longer abroad for personal reasons or due to factors outside your control. For example, all the admissibility rules for entering Canada may change without notice – just as we saw the Canadian government plans change dramatically day-to- day and week-to-week during COVID. So being outside Canada always entails a risk, as you are assuming you can enter Canada again, but that assumption may not prove true.

If you cannot return for personal reasons, or arrive at a border and are not permitted to re-enter Canada for any reason, your PR application using the in-Canada route will be cancelled , as you need to be IN Canada for the processing of this application. This is definitely going to delay any hopes of getting PR status and a PR card for many months.

Frequently asked questions regarding In-Canada class sponsorships:

1. Can I leave Canada after applying for PR through inland sponsorship?

The simple answer is yes, you can travel. Anyone can leave Canada, at any time. The main issue is, will you get back in? And what happens if you don’t get back in? A foreign national is never guaranteed entry upon return to Canada; unlike a Canadian citizen or a Permanent Resident, a foreign national has no right to re-enter Canada – as indicated above, that is up to the discretion of the border officer, and it will be decided every time you are entering Canada up until the time you have a valid PR card.

Assuming you filed a perfect application, it takes only a few months of processing time for an inland spousal sponsorship case to be approved, so simply waiting for your PR card before leaving Canada is our best advice. Permanent resident cards (PR cards) are the only documents acceptable to board a commercial vehicle to transport you back to Canada, and the only document that assures your re-entry at the border as a Canadian permanent resident with no hassle. Your first PR card usually arrives a few weeks after you are approved for permanent residence.

2. My status as a worker/student/visitor is expiring and I applied for an open work permit with my sponsorship application. Can I leave and come back to Canada while my open work permit application is in process?

If you applied for both permanent residence under the inland sponsorship route, and an open work permit at the same time, and if your application is received by the Canadian government (IRCC) before the expiry date of your current work permit, and if your PR application is accepted for processing, the expiry date on your current work permit is considered to be extended until IRCC makes a decision on the work permit application you submitted. This is called maintained or implied status . It gives you the legal status to remain Canada as a temporary resident during this period. It also gives the person on maintained status who has a valid work permit, but for the expiry date, the right to continue to work until their new work permit arrives.

However, if you leave Canada after the expiry date on your current work permit and before the new one arrives, it is different. You are not permitted to work when you return to Canada until such time as you receive your new work permit. A border officer can admit you as a visitor so you least have the social benefits of being together with your partner, but you cannot work from the time you re-enter Canada until your new work permit arrives.

3. What happens if I have an emergency that requires me to leave Canada while IRCC is processing my application for PR status?

If your inland sponsorship is in process, and you have to leave the country due to an emergency, contact an authorized immigration specialist ( immigration consultant or lawyer ) before you travel. There are documents that you can prepare in advance that may assist you at the border to enter Canada again, and you really should have an honest assessment of the importance of being able to travel versus the risk you are taking with getting back to Canada while your PR application is in process.

While non-Canadian addresses in other countries are perfectly fine for overseas sponsorship, the inland application requires that the couple is cohabiting in Canada throughout the entire process. This is a firm legal requirement, so the immigration officers have no ability to waive it even if your circumstances are very sympathetic. You will need to re-apply in the overseas category.

4.Is there a maximum time I can be outside Canada?

As we saw above, one of the eligibility criteria for approval of an inland sponsorship is that you have lived together in Canada during the processing of the application for PR status. This means an extended absence from Canada, even if very legitimate, can cause problems.

There is no firm policy on what time you can be outside Canada, which makes things less predictable for you. A couple of weeks is not likely an issue, but if time apart builds to a passing year, that is definitely an issue. In-between these broad times, such as a month or two, can be hard to gauge. In these grey areas, it is best to get professional advice on your legal status before you leave Canada. It is likely a matter of the risk you are prepared to take.

5. I already left Canada and I was denied re-entry, what do I do now? What happens to my inland application?

You can try to enter Canada again and see what happens. Sometimes a different officer on a different day will make a different decision, but it is important to be honest about the prior refusal too. Sometimes it is possible to produce additional documents when you come back to Canada that will make a difference.

If you leave Canada and are not able to return for any reason, unfortunately you will have to start your sponsorship application all over again, this time with an overseas spousal sponsorship. You will need to withdraw your permanent residence application through the in-Canada class in order to start another one from outside of Canada. If your application is already in process, you won’t get a refund for the application fees ($550). If an officer has not started to process it yet, you may be able to get a refund, but a refund can take months to arrive and is not guaranteed. Don’t forget that this means a whole new set of updated forms for you and your family members, as well as supporting documents that may need a more recent date, for example, if you need a new police certificate from a particular country.

We fully appreciate that many people do in fact come and go successfully with an inland sponsorship application in process. However, every time they leave Canada, they are taking the risk that their return to Canada could be refused or delayed – and therefore cause issues with the approval of their PR. This became an especially important consideration during the COVID era, when we see sudden entry bans and flight cancellations cause significant upset to people’s travel plans.

6. Can I change my application from inland to an overseas sponsorship? Or from an overseas sponsorship to an inland sponsorship?

No, although the application packages themselves will be very similar, the underlying legal framework and process are different for an inland sponsorship than for an overseas sponsorship. The applications are even processed at different IRCC offices.

Once you have submitted an application for Permanent Residence under one stream, you can’t ask to have it changed to a different stream. If you find that you must change categories for some reason, the solution would be to withdraw your spousal sponsorship and submit a new application.

It’s an exciting time to start the process of applying for Permanent Residence to have your spouse or partner join you in Canada, but there are many considerations to take into account when deciding to go for an inland or overseas spousal sponsorship. The Way Immigration has been involved with thousands of successful family sponsorship applications. Contact our office today to speak to a qualified Alberta immigration consultant to gain clear insight into the best family sponsorship process for you to obtain permanent residency, to have your family reunited in Canada and ensure your application is properly done the first time.

Is an IRCC Form Not Opening for you? What Can You Do?

Wed, 05 Jan 2022 19:48:00 GMT

We get regular calls from people having trouble opening the PDF application forms for Canadian Immigration from the IRCC website. They might be contemplating a study permit or a work permit and want to open the forms to see what information Canada requests. But after trying several browsers unsuccessfully, they still get an error message. People often think perhaps the forms are only available to lawyers and legal practitioners, but that is not the case.

IRCC has a guide to answering this question “I can’t open my application form in PDF format. What can I do?”. In spite of official guidance, people tell us they still have issues when they click on the PDF. If you are having these technical difficulties, the following steps should help to fix the problem.

Steps to opening Canadian Immigration forms

First, you do not need any type of account, unique client identifier or user ID to open these forms from the IRCC website. They are accessible to everyone. However, they will not open when you click the website link. That is probably what you are doing wrong.

It does nor matter what browser you are using - they will not open from Internet Explorer, Microsoft Edge, Chrome, Firefox or any web browsers. And both Mac users and PC users have the same problem.

Here is how to open PDF files that contain the application forms for Immigration, Refugees and Citizenship Canada.

It is important to make sure you download the forms from the IRCC website to your own computer, by following these steps:

Ensure you have Adobe Acrobat Reader for your PC or Mac at least version 10 or above – the free downloadable version works; you do not need the newest version.
When you click on the PDF form, you get the following error message: “Please wait…If this message is not eventually replaced by the proper contents of the document, your PDF viewer may not be able to display this type of document…”
Don’t fret! Download the form from the website and save target file to your desktop.
Then, close your Internet browser.
Locate the form you just saved onto your desktop and double-click to open it.
You should now see the contents of the form. If you are having the same problem and still getting the “Please wait…” error message, you are probably not opening the form on your desktop. Close your Internet Browser, and then click the PDF file on your desktop. That should fix it and allow the form to open.

Another word of advice….

Now, could I be so bold as to have a frank conversation with you? I can assume you are the principal applicant about to embark on a legal process to become a temporary resident or permanent resident , the outcome of which will significantly affect your future and that of your family.

Opening the forms is the simplest part of this process, with written instructions on the website. It does not require an IRCC secure account, a GC key, password or login access. To be honest, it does not get more simple than this.

To conduct business with IRCC on an actual application is massively more complex - it is a maze of bureaucracy, with multiple detailed instructions for any given application form. And, for your actual application, they do not give you a “Please wait….” message to flag when something is off track. You will only discover you missed something important months later when your application is returned to you as incomplete or refused for being ineligible.

Please, for the sake of your future, enlist the help of a professional. The cost of a good professional is always less than losing time and money on your own.

The Way Immigration exists to make your path to Canada smoother, easier and far less stressful. Contact Calgary's best immigration consultants today, to get started on your stress-free application process.

Top Five Mistakes on Common Law Sponsorship Applications to Canada

Fri, 17 Dec 2021 17:58:00 GMT

Are you a Canadian citizen or Canadian Permanent Resident wanting to sponsor your common law partner for permanent residence in Canada? Read on, and avoid some of the most common errors we see with common law couples submitting their own sponsorship application.

Common Law Relationship Sponsorship Mistakes…

It is simply a fact that common law relationships are more difficult to prove for legal purposes than marriage. A legally married spouse has a marriage certificate which gives the start date and the legal validity of the relationship. Their marital status is perfectly clear as of a certain date. With a common law relationship, you have only a collection of various pieces of evidence that, when taken together, paint a picture of a committed relationship between two people, and it may not be clear when exactly you became a common law couple.

It follows that a Canadian spousal sponsorship application is usually quite straightforward to prove you are legally married, whereas a common law sponsorship application requires considerably more evidence to demonstrate the relationship that you have. On top of preparing the full application package properly, you also have to prove conclusively to the immigration officer that your relationship qualifies as a common law relationship, as the term is used by Immigration, Refugees and Citizenship Canada (IRCC).

Here are the top mistakes we see when common law partners prepare their own applications for permanent residence in Canada.

Common Law Partner Sponsorship Checklist – Mistakes to Avoid for a Smooth Application

1. Applying before you meet the definition of Common Law Partner Canada

What defines you as common law partners?

It’s important to ensure that you actually meet the legal definition of a common law relationship as used by the Canadian government before you file for permanent residence for the sponsored person. To be considered a common law relationship for immigration purposes, you must have lived together without any break for at least 12 months in a row. This means that if you have shared the same address for a year, but one of you spent a month visiting family members overseas at Christmas time – you don’t meet the common law definition and you should wait until you have 12 months of uninterrupted time together to apply. Now, let’s say that you were both overseas visiting family for Christmas, together – because you were together, then your time together is uninterrupted and you can qualify as common law. The time you spent living together does not need to be inside Canada – but you do need to be together.

The question invariably arises – can we have any time apart under the rules for common law relationships? The short answer is “be careful in the first year” when you are building the base for your minimum 12 months of cohabitation. During that year, very short and temporary absences will not usually cause issues in establishing common law status. The rule of thumb is that you should be apart for no longer than 2 weeks at a time during the minimum one year of continuous cohabitation.

However, if you have already lived together for at least 12 months without interruption, and you can prove that – then it doesn’t matter if there are separations of longer periods after that; you may not be currently living at the same address due to, for example, work or education-related reasons or caring for a family member abroad. As long as your relationship continues, and you intend to re-unite when you can, then the federal government considers you to be common law for the purposes of a sponsorship application.

Now that we have established when you will be considered common law, ensure that every immigration form for both the sponsor and the principal applicant is signed AFTER that date. You are deemed to be making the permanent residence application for your common-law partner on the date that you sign the forms, so ensure that you qualify as common law as of that date. Of course, all the documents should be consistent with the information on your forms.

No, you can’t submit an application in advance of being eligible and then hope to qualify because you will meet the definition while waiting for your sponsorship application to be processed. You must be eligible to declare yourselves as common law on the day that you sign your forms, or you will be refused. In the event of a common law partner refusal, the sponsorship fee and the principal applicant processing fee will not be refunded.

Note that a common law relationship does not have the same meaning as a conjugal relationship. Common law requires that you have lived together, whereas a conjugal relationship requires a significant degree of commitment in an intimate, romantic connection with the other person, but there is no cohabitation requirement. In Canadian immigration law , the category of conjugal partner is reserved for the situation where a Canadian citizen or permanent resident is in a conjugal relationship with a foreign national but they cannot live together for reasons outside their control, usually due to immigration or other legal restrictions. It is a very tough category to prove.

2. Failing to prove 12 months consecutive cohabitation

The primary defining characteristic of a common law relationship is that you have lived together at the same address for at least a year. Therefore, you need to include evidence with your application that shows both of you at the same address for more than a 12-month span of time. What can be used as proof of cohabitation? You should provide some kind of evidence that shows both of you at the same address with a date that is more than 12 months old, as well as evidence you are still living together at the time you submit your application. If you have moved multiple times during the year, you should include supporting documentation that links both of you to every address that you have lived at together.

What if you were travelling in a van for the year – how do you prove you are cohabiting as common law partners then? Well, it happens! But most of you who travel in a van, also seem to document your travels on some kind of public forum – so that can be useful proof of where you were, what you were doing, and who you were with on any given date. If you are currently in your van and you are planning for your common law sponsorship application, now is the time to start making campground bookings in both names, stop at a hotel or hostel from time to time (in both names), and request paper invoices for services that you might utilize along the way. But really, it is going to be difficult for you to adequately prove you meet the common law test on your own – if this is your situation, please make sure that you engage with a professional regarding your application.

Now, for a quick test of your recollection thus far: “How long do you live with someone before they become your common law partner?” You know the answer is 12 months – just make sure that you include enough evidence to prove it in your application!

3. Not including a Statutory Declaration of Common Law Union

What is a Statutory Declaration of Common Law Union? This is a specific form the Canadian government uses for common law partners to declare the details of your common law relationship for immigration purposes in front of a public official – the IMM 5409 form. It is a required form to include with most applications if you are in a common law relationship, but for some reason it is not on the Document Checklist as a required form for a Common Law Sponsorship. However, we strongly recommend you include it on a sponsorship application and ensure that it is properly completed. For details on how to properly complete this form, you can review our Statutory Declaration of Common-Law Union (IMM 5409) Instruction Guide .

Note: if you have clicked on the form link above and see the “Please wait” message, we encourage you to read our post about how to properly open IRCC forms.

4. Failing to keep a copy of what you have submitted to IRCC

We have seen this many times over the years. It is critical to keep a full copy of the final package you submitted for your common law partner sponsorship application, including every signed and dated immigration form, and all of the supporting documents that you uploaded. If you are preparing your Common Law Sponsorship application solely on your own, you are unlikely to submit enough evidence to make your case strong enough for IRCC to approve it without asking for more information. When you get a request from IRCC to provide them with additional evidence, you need to be able to refer back to the evidence you have already submitted in order to determine what more you can provide, and what issues might be outstanding.

It is also possible for portions of your application to be lost at IRCC, or to be overlooked by the officer. You need to always be able to prove exactly what you sent – all the forms and all the documents – and exactly when they received it.

This instruction is even more critical now that all Common law partner sponsorship applications are submitted online. Once you submit that application, everything you have submitted disappears on your end. It is imperative to keep screenshots of online forms and organize your PDF forms, support docs and proof of relationship in a way that ensure you have a record of exactly what you submitted to IRCC.

5. Responding to an IRCC request for more information without consulting a professional

If you have received a request for more information from IRCC regarding the application you have submitted for Common Law Sponsorship to Canada, we strongly recommend that you consult with a professional before responding. A straightforward request like an updated passport is a simple matter to address, but if you are being asked to provide additional evidence of your relationship, this is an emergency. This is called a procedural fairness letter and if you do not respond with sufficient evidence to convince the officer that you meet the legal test required, your common law sponsorship application will be refused. Obviously, this will be a huge set-back on the road to permanent residence for your common law partner.

If you did not fully understand the body of evidence that should have been provided with your initial permanent residence application, it is not likely you will understand the further relationship information being requested by IRCC in order to successfully respond to a procedural fairness letter on your own. An officer is not going to just take your word for it when conducting their evaluation of your common law relationship – you need evidence that meets a particular standard! The best thing you can do is to get professional advice on your whole sponsorship application to obtain help to rescue the application before it’s too late. Contact our office to meet with an immigration representative experienced in these cases and the types of supporting documents that IRCC would expect to see in your situation.

6. Applying under the wrong process

There are two different pathways available for sponsorship applications to obtain permanent residence for a spouse or common law partner. One is the Family Class, in which the application is processed overseas, and the other is the Spouse or Common Law Partner in Canada Class, which is processed in Canada. Each is available to sponsor spouses and common law partners (including same sex relationships) but each sponsorship class has different procedures, requirements and benefits. The pros and cons of each option go beyond the scope of this article, but please see our post regarding Inland vs Outland sponsorship for a detailed explanation of these two pathways.

How long does a Common Law Sponsorship Application process take?

A sponsorship application for common law partners typically takes about 12 months from start to finish, assuming the application has been perfectly prepared. If your sponsorship application is returned as incomplete or refused altogether, you will lose several months as you prepare a fresh sponsorship application in order to meet the high standards required by Canada Immigration. Contact our office today to ensure that your family immigration situation is resolved quickly and efficiently, and ensure you succeed the first time you apply for permanent residence for your common law partner.

The Way Immigration has successfully managed thousands of Common Law Partner sponsorship applications since 2008. We also regularly consult with clients who run into problems the did not expect, because they submitted their own application and did not fully understand the legal requirements for success. Contact our Alberta immigration consultant today to ensure that your application is prepared properly and position from success from the very beginning.

Parent and Grandparent Immigration Visa Sponsorship to Canada 2021

Thu, 22 Jul 2021 19:15:00 GMT

The details of the Parent and Grandparent sponsorship program for 2021 have just been released and they are a bit of a departure from how the program has operated for the past few years.

Immigration, Refugees and Citizenship Canada is not taking any new applications from interested sponsors for this program year. Instead, an additional 30,000 invitations to sponsor will be issued to those interested sponsors who entered the 2020 program last Fall, but who were not chosen to sponsor during the lottery that was held in January 2021.

The lottery draw for the Parent and Grandparent sponsorship program for 2021 will take place during the week of September 20, 2021. Invitations will be sent to those chosen during the two-week period following. After that, the process will very closely resemble what happened in 2020.

Although the normal quota for the program is 20,000 sponsorships per year, COVID-related delays from last year meant that only 10,000 sponsors were invited for the 2020 program. To make up the difference, Immigration, Refugees and Citizenship Canada will allow 30,000 sponsors in 2021. Keep in mind that there have already been 10,000 sponsors removed from the pool because they were invited to sponsor in 2020. This means that you have a much higher likelihood than normal of being invited to sponsor your parents or grandparents this year. This is good news for those of you who entered the pool in 2020.

2 Steps to Sponsor Your Parents or Grandparents to Canada.

1. Receive an invitation from IRCC to become a sponsor.

Your invitation is likely to come in the form of an email, so ensure that you are checking the email that you used when you entered your details into the webform in Fall 2020. It’s also important to ensure that you check your junk mail folders because emails from IRCC can often land in SPAM. Once your invitation to sponsor your parents has been issued, you will need to start work on the application for Permanent Residence quickly if you hope to submit the application within the timeframe allowed.

3. Submit an application for Permanent Residence

Starting from the date that you receive your invitation to sponsor, you will have 60 days to submit the completed application for Permanent Residence for your parent or grandparent. This time will disappear quickly, so it’s important to act immediately. Because you have to be invited to participate in this program, the opportunity to sponsor your parent or grandparent might be a once-in-a-lifetime chance. If you are late with submitting the PR application or if you make a mistake in preparing it – you may never get the chance to sponsor them again.

Who is eligible to sponsor their parent or grandparent to Canada?

The opportunity to sponsor a parent or grandparent is open to Canadian citizens or Permanent Residents who are at least 18 years old, living in Canada and earn an income that meets the required levels. Sponsors must agree to be financially responsible for their parents or grandparent for 20 years from the date they take up residence in Canada.

What is the minimum necessary income to sponsor your parents or grandparents to Canada?

In order to be eligible to sponsor your parents or grandparents, you have to show that you have sufficient funds to take care of them. The total amount of funds required depends on the number of people in your family. To calculate your family size, you need to take into account all of the following:

yourself
your spouse or common-law partner
any children who are less than 22 years old and not married or common law
anyone else you have sponsored for immigration purposes
the parents or grandparents you want to sponsor, and their children less than age 22

The total of all these people becomes your family size for immigration sponsorship purposes.

Parent & Grandparent Sponsorship to Canada Income Requirements 2020

If more than 7 people, for each additional person, add: $7,121 (2020), $8,876 (2019) and 8,740 (2018)

Because IRCC will be utilizing your 2020 income for this application, it’s very important that you have filed your 2020 tax return.

Who can be included in a parent or grandparent sponsorship application?

The family members that can be included on a parent and grandparent sponsorship application include biological and adoptive parents or grandparents, as well as step-parents where separation or divorce have occurred. Siblings and half-siblings are eligible as long as they are dependent children under the age of 22. Note that you cannot sponsor your in-laws, but you can be included as a co-signer on your spouse or common-law partner’s application to be the sponsor.

Should you hire a representative for your sponsorship application?

When considering whether or not you should hire a representative for an immigration application, the first point of concern should always be the question, “What are my options to apply again in the event that I do something wrong with this application process?” The second question should be, “If Immigration Canada makes a mistake with my application, do I understand the program and the process enough to challenge their decision?”

Anytime there is an immigration process that involves an invitation to apply, it should be viewed as a once-in-a-lifetime opportunity. If you are invited to sponsor your parent or grandparent, and somehow mess up the application, there is no guarantee that you will ever be invited again in the future. In our opinion, it is always a good idea to work with a representative in this kind of situation.

What if you aren’t selected to sponsor your parent or grandparent?

If you aren’t selected to sponsor your parent or grandparent for the 2021 program year, there is always hope that you may be selected in 2022 or a subsequent year. In the meantime, a super visa will enable your parent or grandparent to spend time with you in Canada for up to 2 years at a time, while you wait for an invitation to participate in the PR sponsorship process.

Parent and Grandparent Sponsorship FAQ

What is the benefit for sponsored parents in Canada?

The main benefits of sponsoring parents for Permanent Residence in Canada are healthcare coverage and the ability to work. Although parents and grandparents are able to spend long periods of time in Canada using a Super Visa , the cost of private medical coverage is often very expensive, and the coverage limitations of $100,000 CAD mean that the family is ultimately responsible in the event of any sort of medical emergency that exceeds that amount.

Can I sponsor my step-father to Canada?

Step-parents who are married to your biological (or adoptive) parent can be included on the application for Permanent Residence as the accompanying dependent of your biological parent.

Can I sponsor just one parent to Canada?

If your parents are married or common law, then both of them will be included on the application for Permanent Residence, and both will be included in your family size to determine the minimum necessary income required to sponsor. However, once the Permanent Residence visa has been issued, if only one of your parents wants to come to Canada to live as a Permanent Resident, the other parent can remain in their home country. No one will force them to move to Canada against their will.

Can my sibling be included when I sponsor my parents to Canada?

Any children of your parents must be included on the application for Permanent Residence and in the calculation of family size if they meet the definition of a dependent child. This means that they are less than age 22 at the time the application for Permanent Residence is submitted and they don’t have a spouse or common-law partner . Children who are over the age of 22 will only qualify if they cannot support themselves financially because of a disability.

What are my responsibilities when I sponsor my parents or Grandparents to Canada?

When you apply to sponsor your parents to Canada, you are making an agreement with the Canadian government that you will support your parents or grandparents financially for 20 years from the date that they become Permanent Residents of Canada. The sponsored persons will not be able to collect social services (welfare) in Canada during that time. If they do, the government will collect the funds paid out from the original sponsors.

The Way Immigration has successfully represented Parent and Grandparent sponsorship applications for more than a decade. Our Calgary immigration office would be pleased to assist you with sponsoring your family so that you can be assured your application will have the greatest chances for success in the event that you are chosen as a sponsor for 2021.

How To Apply for a Study Permit to Canada

Tue, 20 Jul 2021 18:03:00 GMT

Each year, Canada welcomes hundreds of thousands of students from around the world to our Universities and Colleges. There are many immigration benefits to studying in Canada, and foreign students can achieve Permanent Residence as a result of the opportunities gained by studying in Canada, as long as careful plans are made. However, to gain the benefits of being an international student in Canada, you first have to be approved for a Canadian study permit . And this is not always as straightforward as it seems.

This article will detail some of the most commonly misunderstood aspects of applying for a study permit to Canada.

A Study Permit is a Temporary Application

Studying in Canada is an exciting opportunity that may eventually help you qualify to become a Permanent Resident , but it’s important to remember that for immigration purposes, a study permit application is a temporary status application. That means that the decision you will receive on your study permit application is based upon the officer’s opinion about whether or not you are a bonafide student and whether you will likely leave Canada at the end of your studies.

To study — as with all requests for any temporary resident visa to Canada — the immigration officer must assess your ties outside of Canada to form an opinion about whether or not you are likely to stay illegally in Canada if approved for a study permit. It’s up to you, the applicant, to provide proof that will satisfy the officer that you have a good life outside of Canada and will leave Canada if you lose your temporary status. In addition to required documents on the Document Checklist such as a valid passport or identity document, a letter of acceptance, photos, etc your supporting documentation should also include documents related to property ownership, bank statements, employment history, family connections, past international travel and social activities. These are all relevant to the officer’s decision.

Your Age and Stage of Life Matter

The farther away from the “normal” studying age that you are, the more you should expect your application to be scrutinized. Applicants who have just graduated from secondary school and are seeking to study University in Canada will receive less scrutiny than 40 something year old professionals from developing nations who suddenly want to study culinary arts in Canada.

The Canadian government is alert to the idea that many older applicants are wanting to study in Canada as a pathway to achieve Permanent Residence because their age makes an Express Entry application impossible. If you find yourself in the older age bracket, you really do need professional help to ensure that your initial study permit application is as strong as possible. Your explanations and supporting documents must go beyond basic eligibility requirements to make a compelling case. You may also want to understand what your options are for achieving Permanent Residence if you are able to enter Canada to study. Age does matter for both study permits and Canada PR.

How Much Money Do You Need to Study in Canada?

Canada wants to be certain that international students, before they enter Canada, have sufficient financial resources when they are living in Canada; therefore, applicants must provide proof of certain minimum levels of funds before they can expect the visa office to approve their study permit.

The prospective student must show a min of CAD $10,000 for living expenses, plus the first-year tuition fees. If the student has accompanying family members coming to Canada with them, an additional $4000 CAD is needed for a spouse or common-law partner and an extra $3000 CAD for each child.

These funds need to be cash or cash equivalents – property ownership or a net worth statement indicating these amounts are not sufficient to show financial support. There must be enough money available to you for your studies and living costs, clearly demonstrated in your application package. When you arrive at a Canadian port of entry, the border officer may confirm these as well.

How to Write a Study Plan for Canada

An application for a study permit should be accompanied by a study plan that answers the basic question, “Why does it make sense for you to study in Canada in this program at this point in your life?” Essentially, the visa officer needs to understand why you can’t just study the same program at your local university, why you have chosen Canada instead of any other international destination for your education, and what kind of opportunities will you have if you complete this program of study in Canada (that you otherwise would not have). If you are going to spend $40,000 getting a diploma in Canada, are you going to be able to improve your job prospects in your home country to the extent that you will eventually recover this initial $40,000 investment?

Creating a viable study plan is one area that a professional can provide a lot of meaningful assistance. There is no one study plan that is going to make sense for every situation. Your study plan needs to make sense based on your personal situation, the local conditions in your home country, your past study and work history (if any) and your stage in life. Apart from having the necessary funds, a solid study plan is going to be the most important part of your study permit application.

Can International Students Become Permanent Residents?

Since the introduction of Express Entry , Canada has been discriminating against applicants from overseas who are 40 or older. If you find yourself in this age bracket without any option to immigrate to Canada directly, you may have considered applying as a student in order to gain additional Express Entry points for education, to have the opportunity to gain Canadian work experience points, and to also make yourself eligible for Provincial Nominee Programs. Be forewarned, Immigration, Refugees and Citizenship Canada have also realized that many applicants seek to enter Canada by applying to study as their pathway to Permanent Residence, so you can expect the visa office is alert to applications that follow this pattern.

When you are applying for temporary entry to Canada, but you actually intend to stay permanently, this is called dual intent. In itself, there is nothing wrong with dual intent, but these kinds of applications need to be carefully presented or you could find yourself with a refusal letter stating that the officer does not think you are a bonafide student. Any mention of hoping to eventually obtain Permanent Residence needs to be balanced with an assessment of how you would eventually qualify for PR, and a detailed explanation of your plans and intentions to return to your home country if you don’t end up qualifying. This is particularly true if you have previously entered an Express Entry profile on the IRCC website . Even if you have withdrawn your profile or it expired, IRCC has the details that you explored this avenue for Permanent Residence in Canada. It is an actual thing that IRCC refuses applications for a study permit when there is evidence of a prior, unsuccessful, Express Entry profile in the system.

Ready to Apply for Study Permit?

Even if you have an acceptance letter for your program, the minimum funds and all the documents required, the application process in your particular case is also very important. Let’s be honest – filling out an application form is the easy part. And the Document Checklist is just the minimum. The website guidance explaining how to apply online for a study permit is very detailed, but relevant information can also be found in other places on the website besides the study permit part. This is particularly the case if you have family members coming as well.

For anyone managing their own study permit application, you must be able to properly interpret the website and correctly navigate the stages of the application process. The website sets out clear policies for things like the Student Direct Stream, the visa application centre, how to submit biometrics, the medical exam, the entry letter, etc – but it is very easy to misunderstand the terminology that Canada Immigration uses. Another challenge is the online application itself. The platform can be quite tricky to use, and applying online through your IRCC online account will have more ways things can go wrong than with a paper application. Next, are there any local visa office instructions? Or, if you dependents: Do they need an electronic travel authorization, a visitor visa or work permit? Can your child study on visitor status or do they need a study permit? What can you do if there are processing delays? The guides and Document Checklists do not spell out these things.

A professional can ensure the technical aspects of the process, especially any that are specific to your situation, are managed properly. It is not exaggeration to say that immigration officers are looking for easy grounds on which to reject applications – you don’t want to make it easier for them through misunderstanding something. And although you can certainly apply a second time, you will lose momentum, time and money – or perhaps your conditional acceptance in your preferred program. It is always better to focus on getting that approval the first time and not have the added problem of overcoming a failed application the next time around.

The Way Immigration helps students from all over the world, in all stages of life, to prepare successful study permit applications for Canada and guide them through the application process. Now that artificial intelligence is being given more of a role in decision-making for study permits to Canada, it’s become more important than ever to have professional input on your application. Are you hoping to become an international student? Contact the best immigration consultants in Alberta today to get started on your dream of studying in Canada.

Canada Student Visa Rejection

Mon, 19 Jul 2021 16:25:00 GMT

Every summer, our firm gets a lot of enquiries from international students overseas who applied for a study permit and expected an approval but instead received a refusal letter, and are wondering what went wrong.

Canadian student visa rejection is all too common. The truth is, it’s not enough that you were accepted into a study program at a Canadian school and can show you have sufficient funds for tuition fees and living expenses. There are a myriad of factors that Immigration, Refugees and Citizenship Canada (IRCC) takes into consideration when deciding to approve or reject applications for student visas. We hope this article will help prospective international students understand a bit more about how visa officers think when assessing temporary visa applications , so that you can try to avoid student visa rejection.

Make the first application the best application

I want to highlight that it’s a very good idea for all international students to work with a professional on your first Canada student visa application, right from the start. As you will see in our blog post about applying for a student visa, there are many factors taken into consideration by immigration officers, and you may not have considered some of these factors when you submitted your original Canada student visa application.

Canada student visa applications need to include factors like the rationale for your study program in light of your prior education, age and employment history, your personal statement of your goals, your travel history, additional documents of financial support, and what kind of lifestyle you enjoy in your home country. The acceptance letter and financial stability are necessary factors, but a well drafted and convincing study plan is absolutely key to the success of your Canadian student visa application.

But now that you have been refused…

Once you have been refused a study permit, you may be determined not to make the same mistakes again, and prepare a stronger application. It is often difficult to understand the reasons for refusal by reading only the refusal letter – as they are generalized templates with tickboxes that the immigration officer checks off. We always recommend obtaining the file notes (or GCMS notes) for any Canadian student visa rejection before deciding your next steps. The file notes should explain the visa officer doubts in greater detail, which provides you the opportunity to address those doubts in a subsequent Canadian student visa application. Remember that you need to include evidence that addresses the visa officer doubts if you hope for your study permit application to be successful.

How to Convince the Visa Officer

Still, it can be very difficult to convince a visa officer to approve a second application, even though the new application is much better prepared. The reason for this is that Canada immigration is using artificial intelligence to help with decision-making for temporary visa applications in several of its offices. There is a box on the application form that you must check to report if you have had a refusal before. In some visa posts, when a refusal is issued once, it seems that another refusal is issued automatically when you re-apply. In those situations, it’s doubtful that an actual visa officer ever looks at the file and so no one will be alert to the fact that you have done a much better job of preparing your subsequent application. The more Canadian student visa refusals you collect, the more difficult it becomes to obtain an eventual approval – no matter what you do. (This is the reason it is so important that your first study permit application is prepared as comprehensively as possible).

Can I Appeal a Study Permit Refusal?

If you have already received a Canadian student visa rejection, a meeting with a professional is really a necessity before making a new application. You need to have an honest assessment of your situation to better understand if you have a decent case to try again with a new student visa application, or if you are better off focusing your time and energy in a different direction.

If you are able to address many of the factors outlined in our post about applying for a study permit, then it may be worthwhile for you to make a subsequent study permit application. However, this student visa application needs to be perfect, and it needs to be prepared with the understanding that if it is refused, you will need to proceed to a Judicial Review if you still wish to try and have your study permit approved. If you have been refused previously, and artificial intelligence is likely to issue an automatic rejection on your new application, Judicial Review is the only option for you to have an actual person assess the merits of your Canada student visa application.

What is Judicial Review for a Study Permit Refusal?

Judicial review is, in simple terms, when a judge looks at your file to see if the officer made an error or the decision was simply unreasonable, given the evidence you submitted. This is where solid and compelling evidence comes in – a study permit request that is extremely well documented makes it very difficult for an officer to find reasons that would justify refusing it. If the Judge finds the visa officer’s decision was not transparent and reasonable based on the evidence you presented, the Judge can set it aside and send it back to another officer for a decision.

In effect, the process of Judicial Review is taking the Canadian government, specifically IRCC, to court to have them justify their refusal of your study permit. You will have access to the visa officer’s notes from the Global Case Management System saying why they refused it, but you cannot put in new evidence at this stage.

Judicial Review is the only recourse available to an individual who cannot obtain approval of their application from the visa officers. However, the process of requesting a Judicial Review is expensive – it can cost between $1000-$10,000 CAD depending on how far into the process you need to proceed until the matter is settled. It is also time-consuming and can take up to 12 months until you receive a decision.

As well, the Judge cannot grant a study permit. Your case will have to go back to the visa office for a re-determination. Still, for those international students who have been refused entry to Canada and are not ready to give up on the dream of life in Canada, Judicial Review may be your only option.

How to Prepare a Canadian Immigration Application for Possible Judicial Review?

At a Judicial Review, the judge can only look at the visa file you submitted and which the officer refused. No new evidence or information can be added at the court stage. Therefore, it’s critical that your second application is perfect, with sufficient documentation to thoroughly demonstrate the reasonableness of the request. It would be almost impossible for you to prepare your own application to the standard that is needed in order to make the Judicial Review a reasonable alternative. If you aren’t prepared to call in a professional at this stage of the game, there isn’t much point in proceeding further.

Judicial Review or a Second Application?

First let me say that Canadian Immigration Consultants are not authorized to do Judicial Review applications, including advising people on the court process or the likelihood of success in court. Therefore, if you will need to use the court process, you will eventually need to hire a C anadian Immigration Lawyer .

However, a lawyer doesn’t need to be your first step. It is our recommendation that you first meet with an Immigration Consultant who has experience making successful study permit applications after a refusal. They can assess if you should try again at the visa post because your first application was deficient. If so, they can prepare a much more robust application so that, if refused a second time, you would have an excellent chance of proving to a Judge that the refusal was not reasonable. This is the difference between the first and second applications – the first one, if it was not prepared well enough, may have been reasonable to refuse, whereas a visa officer may not be justified in refusing a better-prepared application.

If you meet with an Immigration Consultant familiar with this area, you should gain a realistic understanding of your ultimate chances for success and discuss what would be required in order to prepare an application that would be extremely difficult for an officer to find grounds to refuse. It will be far less costly for you to work with a consultant to prepare the perfected Canada student visa application, submit it and then decide what course of action is needed to move forward.

If your Canada student visa application fails again and you need to move forward with a Judicial Review, your consultant can refer you to a trusted lawyer to make the next steps. You may wonder if it would be more efficient to just meet with a lawyer from the start? Here’s why I think it’s better to meet with a consultant first.

Obviously, you want to meet with someone whom you are certain has your best interests at heart – reading Google Reviews from past clients might be a good place to start. You may not be aware, but in many law firms, each lawyer has to meet a certain number of billable hours each month. As each month comes to an end, there can be a strong incentive to take on files to meet those requirements. Sadly, I have seen many Canada student visa refusals that, in my view, did not stand a chance of being overturned by Judicial Review as the case was not strong enough, yet the client spent thousands and waited for months to receive a court outcome that was negative. Hence, my recommendation is that you talk to an experienced Immigration Consultant as your first step in exploring the possibility of a stronger application which, if refused, would lead to a stronger Judicial Review. A consultant cannot take your Canada student visa refusal to federal court, so there is no financial incentive for them to encourage you to do so unnecessarily. But ensure that you ask about the consultant’s experience with this, as not everyone has the necessary experience to provide wise counsel in this area.

The Way Immigration Calgary has experience in assisting international students to prepare study permit applications that are approved after prior refusals or upon Judicial Review. Our applications that have been unreasonably refused by the visa post have been successfully overturned in Federal Court. We have also frankly counselled applicants when warranted that their situations, in our experience, are not likely to result in obtaining a Canadian study visa. In every situation, we take into consideration what is in the best interests of the client and seek to provide a thorough understanding of the potential risks and possible rewards of a given application. We counsel all of our clients according to the standards that we would appreciate if we were in their situation – with a high level of expertise and an honest assessment of how the client should spend their funds and invest their hopes.

Studying in Canada as an International Student

Mon, 19 Jul 2021 16:18:00 GMT

Is it your dream to study abroad? Perhaps in Canada? Canada issues tens of thousands of study permits to international students every year and maybe you will be one of them!

There are many benefits to being a full time student at a Canadian college or university in addition to the future advantages you will gain by having a top-quality Canadian education. The government of Canada has several incentives to attract international students to study at Canadian colleges and universities, and here we will describe some of these benefits.

Just to note: The options detailed in this article apply to international students completing a program of post-secondary study in Canada with their study permit. Students enrolled in English as a Second Language programs are not eligible for these benefits, even if they have a study permit.

Can I work in Canada while studying?

Yes, as an international student with a study permit , you can work while studying. Obviously, this will help offset the cost of study in Canada.

Many students get jobs on the campus of the university or college where they are studying. There are no restrictions on the number of hours that international students can work on campus.

For off campus work, there are some restrictions. Until recently, you could only work off campus up to 20 hours per week during your school sessions, and full-time during school breaks. Post-secondary schools usually break for a few weeks over Christmas and 4 months each summer, giving international students considerable time to work to help pay your living expenses in Canada, and maybe improve your language skills at the same time!

A new temporary policy is currently in place for off campus work for the remainder of 2023. It started November 15, 2022 and will continue until December 31, 2023. This policy allows an international student already here who applied for their study permit (or extension) before Oct. 7, 2022 to work more than 20 hours per week off campus while class is in session. There are a few conditions, the main one being they have proof of enrolment in full-time studies at a Designated Leaning Institution (DLI). This temporary measure is seen as a way for the Canadian government to help employers who are still struggling to recover from the pandemic.

Is my partner able to work in Canada?

Yes, assuming they go through the application process and are approved for a visa – all the usual requirements apply to their application for things like supporting documents and admissibility checks.

They are eligible for an open work permit as the spouse of an international student. With an open work permit, your partner can work in almost any job, without the Canadian employer needing any special permission to hire them. This makes it much easier to get a job in Canada and can help offset the costs of your tuition, housing and living expenses while you study in Canada.

Many international students are also hoping to qualify for immigration some day and become permanent residents. Although that is a dream of many, it is important to understand that there are far more international students in Canada than there are spots in the immigration programs available. So it is important to be realistic, but to try and access opportunities that will increase your chances if that is your goal.

For instance, your spouse or partner may qualify sooner than you would, and it worth starting to explore this soon in Canada. Always, the options for immigration will vary depending on which Province you study in, but your partner may be able to begin the process of applying for Permanent Residence by virtue of their own work background even while you are still completing your studies.

Can my child go to Public School In Canada?

Yes, a minor child of an international student who accompanies them to Canada can access the education system in Canada. Students can complete Grade 12 in the public school system, usually without paying international student fees.

Can I expect to get a Post Grad Work Permit when I graduate?

Yes. One of the most significant benefits of studying in Canada is obtaining the Post-Graduation Work Permit (PGWP) after you graduate from a Canadian program of study.

A post-grad work permit is an open work permit. This means you can work in almost any job and the employer does not need any special permission to hire you, just the work permit.

But first, before you pay the tuition for your program, make sure the program of study actually qualifies for the PGWP at the end. The PGWP is run by Immigration, Refugees and Citizenship Canada (IRCC) and they have rules for which programs will qualify. Most programs at public colleges and universities in Canada will qualify, but some programs in smaller colleges do not. You have every right to expect this is made very clear to prospective students, especially if you are attending a lesser known college or university, and you should get it confirmed in writing. Sadly, every year there are stories in the media about international students who finished their studies only to learn when they graduate that their program is not eligible for the PGWP.

How long is a post-grad work permit?

The duration of your post-grad work permit will depend on how long you studied and which post-secondary program you completed.

Post-grad work permits are issued for a period of 1-3 years.

If your program was one academic year in length, you are entitled to a 1-year work permit. If your program of study was 2 or more academic years in length, you are entitled to a 3-year work permit. In some cases, it is possible to study two programs of 1 year in length in order to obtain a 3-year post-grad work permit.

Essential information about the post-grad work permit

There are some key points that are very important to understand about a post-grad work permit. First of all, you can only obtain a post-grad work permit once in your lifetime. Even if you return to school and take another program of study, you cannot obtain a second post-grad work permit. So it’s important to carefully think through your future plans when contemplating your educational pathway in Canada.

The second point is that a 1-year post-grad work permit is not usually enough to enable you to qualify for Permanent Residence in Canada . You will only start to become eligible for most PR pathways after you have worked a full 12 months in Canada, usually in a skilled occupation. In most cases, it will take you longer than a year to find a job, complete the 12 months of work experience and make an application for PR. For that reason, if you have even the slightest interest in living in Canada on a permanent basis, a minimum 2-year program of study is recommended so you can get the 3 year PGWP which gives a lot of flexibility.

International students generally have many more possibilities to qualify for permanent residence if they can obtain skilled work experience with their PGWP, as the Express Entry program focuses on skilled occupations.

The final point relates to those of you with a spouse or common-law partner, and their status once you get a PGWP. If they have accompanied you to Canada while you have been studying, they received an open work permit as the spouse or common-law partner of an international student. Their work permit will expire at the same time as your study permit expires. However, as of January 30, 2023 they can renew their open work permit as the spouse or partner of a PGWP holder.

Consulting with a professional when dreaming about studying in Canada will ensure that you position yourself to maximize the immigration opportunities that are available to international students in Canada. The Way Immigration has a long history of working with international students from the start of their journey overseas, through the process of obtaining permanent residence, and eventually Canadian Citizenship. Contact our immigration consultant Canmore today to begin your journey to study in Canada!

Should I Hire a Consultant for Canada Immigration?

Wed, 23 Jun 2021 18:53:00 GMT

Do I need a representative to help me apply?

One of the questions we get asked a lot by potential clients is, “Do I really need to hire a rep?” It’s usually followed up by, “I’ve looked through all of the forms and they don’t look that difficult.”

If only immigrating to Canada was a matter of filling out a few forms. That would make our jobs as licensed immigration consultants much less stressful!

Completing the forms is a no-brainer. Almost anyone can take information from one place and put it into the proper line on a form. Immigration consultants are not needed to fill out a form or two – but Canadian immigration is way harder than that.

A comparison to consider

Let’s compare it to building a house. Anyone can read online how to build a house, and then purchase their own hammer and start pounding nails. But – can online learning from the Internet really show you how construct a building you would want to live in? Would you even try to build your own house?

No, because building a house involves knowing all the systems that go into it. Nailing a few boards together is like filling out the forms – that’s the easy part. Your house requires you follow numerous building code rules, know how hook up electrical and plumbing systems, deal with the ground underneath that might have issues, and compensate when weather derails your plans. With home building, as with many things in life, it’s often the things you are not aware of that trip you up.

It’s the same with applying for immigration to Canada. The forms are not what matters most. The process is what matters in Canadian immigration. And if the process is not managed correctly, you can find yourself permanently separated from your loved ones, unable to work for months at a time, or even refused admission to Canada. The stakes are high in an immigration application.

Should I apply for Canada Immigration on my own?

Here are some questions worth considering if you are trying to decide whether to pay for professional immigration services or manage the process on your own. If you answer “No” to one or more of these, that may be a good sign you need professional advice:

Do I understand the process of what happens from start to finish, how long it should take, and what is required along the way?

How important is it for me to be successful on the first attempt with this application? Can I make a second attempt if I’m not successful this time?

Do I understand what the government of Canada is looking for in this type of application? Do I understand every point in the guide and all instructions on the website?

Does it matter how long it takes before I have an approval for this application, or do I just need it to happen eventually? What if I am required to leave Canada during the process?

Do I know what to do, or how to access the right contact if something gets lost at IRCC or the normal process that I am expecting doesn’t seem to occur?

Do I understand exactly why I am eligible and any potential weaknesses of my case and how to address them?

Can I advocate on my own behalf if IRCC is not responsive, or makes a mistake (which is unfortunately too common)?

Is this application a once in a lifetime opportunity, or will I be able to apply again if I do something wrong on the first attempt? (Anytime an invitation to apply is involved, consider it a once in a lifetime opportunity, because there is no guarantee that you will receive another invitation if something goes wrong).

These questions can help you decide if it is worthwhile to pay a licensed professional to represent you, or at least have a consultation to review your situation and discuss what the fees would be.

DIY immigration disasters

Here are just a handful of scenarios we have seen with people who chose to manage their own application, and then realized after the fact that they wished they had obtained professional help. We could literally write sad stories for hours.

A lovely young couple was working in Canada and entered their details into the Express Entry pool . They assumed they had implied status on that basis, and stayed in Canada, working, past the expiry of their permits. When they came to us, we advised they were out of status, working illegally and the only way to fix their situation was to leave Canada as soon as possible. They went from planning their future in Canada to buying tickets home in the space of an hour. The things they were assuming about immigration law were simply not true.

A newly married couple did not submit an Express Entry application properly and it was returned as incomplete. As a result, the bridging open work permit was refused. The couple faced a choice between moving abroad in order to work, or waiting inside Canada without working until their new PR application was finalized. As of the time of this writing, they have been out of work for months and are living on their credit cards, waiting for their PR to come through. Again, immigration law can be brutal.

A lucky couple received an invitation to apply to sponsor their parents and managed the application on their own. They called our office, panicked, and unable to sleep or eat, because they discovered that their package was delivered to IRCC after the deadline for submission. IRCC returned their application because it was received late, their parents are still overseas, and there is no way to know if they will ever receive another invitation to sponsor.

How much do Immigration Consultants charge in Canada?

At our firm, we are licensed professional Immigration Consultants, authorized to advise the public on immigration law and policy. We of course understand that the fees needed to pay for professional services are usually driving the decision to apply on your own. We note that Canada Immigration also encourages people to apply on their own. But of course, when things go wrong — which they can very easily do –Canada Immigration has no qualms about rejecting your application for the smallest error.

It’s true. Professional services are not free. But rather than make assumptions, you can book a consultation and get a quote. The fee is going to reflect the work involved in your specific situation, then you can assess things on an informed basis. But when considering the cost of hiring a Regulated Canadian Immigration Consultant (RCIC) or immigration lawyer for your journey, ensure that you also factor in the losses you will incur if you decide to manage the application on your own but are not successful.

Every single week, our office gets calls from panicked folks who realize too late that they missed something important with their immigration application. Sometimes we can help them rectify their situation, and other times there is no way to fix the mistake. Tears are common during these meetings. If we are able fix it, the costs of that can be substantial too.

So, please take note …

Most of the time, the costs of the lost opportunity through making a mistake on your own ends up to be significantly higher than hiring a representative in the first place.

Losing a future life in Canada, flying home on short notice, not being able to work for months on end, living on the other side of the world from your parents indefinitely….these are the hidden costs of representing yourself on an immigration application and all too real consequences for unsuccessful applicants.

The best decision is yours alone to make – people have different circumstances and different levels of comfort with government procedures. At the end of the day, ask yourself, “What is my worst-case scenario with this application, and can I live with that?” If the answer is yes, then you’re fine to proceed on your own. If the answer is no, then we would recommend you consider professional services from a reputable Regulated Canadian Immigration Consultant to provide assistance at reasonable fees. At least have someone review your situation. It’s a competitive industry, so you can have a consultation with more than one professional and see how confident you are in their advice and find out their rates.

At The Way Immigration , we can assist people to resolve immigration messes they may have created on their own, and ensure that our own clients submit proper files the first time. We are Regulated Canadian Immigration Consultants (RCICs) and members in good standing of the College of Immigration and Citizenship Consultants. We believe in direct interaction with our clients throughout the process. We have been through the same process thousands of times, and know the limitations of people doing their own applications and the benefits of working with a licensed consultant. Contact our Calgary immigration office for an appointment today – you might be surprised at what you may not have thought of when setting your immigration goals.

TR to PR Pathways

Wed, 26 May 2021 21:51:00 GMT

New Programs for Canadian Immigration 2021

If you are living in Canada as a foreign worker or international student (recently graduated or about to graduate), exciting opportunities are making it easier and quicker for you to get a Permanent Residency in 2021. If living permanently in Canada has always been your long-term goal, that goal might be just a bit closer!

Applying for Permanent Residence from Inside Canada

Canada has set a target of 401,000 new immigrants for 2021. That’s a lot of people!! Canada needs high levels of immigration to grow our population and address labour shortages. For 2021, we know that most new immigrants will come from temporary residents already living in Canada. Why? Because Canada’s borders are closed to most people from overseas and there are many processing difficulties abroad during COVID. Because Canada’s annual budget is tied to the immigration levels, the Canadian government is determined to do whatever necessary to meet the targeted number of new immigrants for this year.

Thus far, the plan has been to target temporary residents already in Canada and convert as many as possible to PRs this calendar year. We have already seen six new fast-track streams open with 90,000 positions available for English speaking essential workers and graduates, and unlimited positions for their French-speaking equivalents. And we believe more options may be coming.

Can You Apply for Permanent Residence in Canada now?

Although the application pathway for International Graduates inside Canada filled up quickly, there are still thousands of spots open for workers with experience in any of the 135 occupations designated as essential or in health care. These pathways are open until Nov. 5, 2021 or until the caps are reached for each program. There are no caps in the French streams.

If you are an International Graduate who missed out on applying for the first pathway, we recommend that you prepare yourself to be ready to quickly apply in the event that a similar pathway opens before the end of this year. As long as COVID is an issue, the Canadian government is going to need to select immigrants from among those already inside Canada – and one of the best sources of immigrants are International students.

Five Steps to Prepare for the TR to PR Pathways

There are five things you can do now to position yourself to apply for PR quickly:

Take a language test – Permanent Residence pathways for workers and students almost always require a language test, even if you graduated from a Canadian university. A minimum score is usually required (CLB 5 for the new graduate pathway, or CLB 4 for essential workers). The test needed for immigration is the General test (the Academic test will not be accepted). English Language tests for Canadian Immigration purposes are accepted from only two organizations, CELPIP and IELTS – other tests such as TOEFL are not accepted. French language tests for Canadian Immigration purposes can be either the TEF Canada or the TCF Canada . All language tests are available through have numerous offices across Canada; you can find the closest through an Internet search. Language tests cost about $300, and the results are valid for 2 years.
Prove your education – If you are relying on a Canadian educational credential to qualify, ensure that you have copies of both your degree/diploma and your official transcripts. An ECA is not needed for Canadian education in the TR to PR Pathways announced on May 6, 2021.
Investigate the police certificates you need – You do not need a Canadian (RCMP or local) police certificate. You will need one from any other country where you lived as an adult (over 18) for at least six months in the past 10 years. Police certificates expire in 6 months unless it was issued after the last time that you lived in the country, and you have not returned since you obtained the clearance. This means, if you do not plan to return to the country in question, you can order the police certificate now. It is advisable to at least investigate the procedure and timeframes involved: How do you order it? What documents are needed? How long does it take to obtain?
Download the standard PR forms – especially the Background Declaration (IMM 5569), the Family Information form ( IMM 5406 ) and the Travel Information (IMM 5562). Make sure you have all those details at your fingertips so you can complete them quickly when the time comes. The questions about your work history, addresses and travel history require very precise answers.
Check-in with a professional – Have a consultation , know where you stand, confirm you are doing everything possible in your situation to be best positioned to qualify for Permanent Residence. Appointments with our immigration experts can be booked online .

Have You Already Applied under the TR to PR Pathways? What Happens Next?

If you already submitted an application in one of the new TR to PR Pathways that opened May 6 ^th , you are likely wondering what will happen next. Immigration, Refugees and Citizenship Canada has promised fast processing times for TR to PR applications and is hoping to have most of the applications finalized before the end of 2021.

You should expect to receive a file number from IRCC via the email that you supplied when you submitted your application. Emails from IRCC can often go into the SPAM folder – be certain that you are checking your junk mail frequently so that you don’t miss any important deadlines.

If you did not provide all required police clearances, or did not take your medical before submitting your application, you should expect that IRCC will request that you update your application with those.

Finally, for those who submitted a complete application and who meet the eligibility criteria, once the appropriate processing time has passed, you will probably receive an email from IRCC that invites you to become landed as a Permanent Resident via a new online landing process. You will be required to confirm your mailing address in Canada and upload a new photo that will be used to produce your Permanent Residence card.

Refused Under the TR to PR Pathway?

What happens if you aren’t successful with your application, and you receive a refusal? We recommend immediately consulting with a professional to determine if your refusal is actually appropriate, because IRCC has been hiring a lot of new staff in recent months, and new staff plus new programs means a higher frequency of errors. It is possible to challenge a refusal that is made in error, but you must be able to identify the error in the decision and know who to contact at IRCC. If you are refused correctly, there may be other options for you to apply for Permanent Residence and do your application properly so that you can still take advantage of all the new immigration rules for Canada in 2021.

We can help! Processing times are expected to be very quick, and likely before the end of 2021. That means if you are refused, there may still be time to do another application, properly, before the end of the year. Don’t risk this unique window of opportunity for you and your family to obtain PR.

The TR to PR Pathways provides quicker and simpler ways to obtain PR for those who qualify. But you will only succeed if all the criteria are met and proven in the detailed way that IRCC requires. The Way Immigration can help you compile a complete application or assist with questions or problems that arise on existing applications. Arrange an appointment today with one of our Canadian Calgary immigration experts if you would like to take advantage of any TR to PR Pathway suitable for you.

Guide to Translation of Documents for Immigration Applications to Canada

Wed, 26 May 2021 19:49:00 GMT

Language of Supporting Documents for Canadian Immigration Applications

Any time you are submitting a document for a Canadian Immigration application that is not originally in English or French, you must also include a translation into either English or French that meets the specific requirements of Immigration, Refugees and Citizenship Canada.

Steps for a Certified Translation

There are potentially two steps needed to satisfy the IRCC translation requirements when submitting original documents that are not in English or French, such as a marriage certificate or birth certificate. You will always need a proper translation. Second, if you are submitting a copy of the document (not the original itself), you will need a certified true copy of the original. In this post we explain how to obtain these things, to make sure you can provide an official translation acceptable to IRCC.

1. A Proper Translation

A proper translation for immigration purposes depends on the status of the translator:

If the translator is a member in good standing of a professional translation organization in Canada that certifies translators, then you simply need the person to translate your document. They will have letterhead or a seal or something that shows their status.
If the translator is not a certified translator in Canada, or resides outside of Canada , the process is different. You need a translation into English or French plus an affidavit from the translator.

The Affidavit required

An affidavit is a document on which the translator swears, in the presence of a person authorized to administer oaths in the country where the translator is living, that the contents of their translation are an accurate translation and representation of the contents of the original document. In Canada, this would be a Notary Public or Commissioner of Oaths; abroad it would be the equivalent.

A Sample Affidavit of Translation for Canada

An affidavit of translation acceptable to Immigration Canada would be a sworn statement that is similar to the following:

I, John Doe, of the city of Calgary, Alberta do solemnly declare that:

I am sufficiently proficient in the German language and can read, write and understand the same.
I gained my understanding of the German language because it is my first language.
I am sufficiently proficient in the English language and can read, write and understand the same.
I gained my understanding of the English language by attending University in English at the University of Calgary.
I have read the original source document affixed hereto and marked Exhibit “A” which is written in the German language and I have read the translated document, marked Exhibit “B” which is written in the English language and I declare that the contents of the translated document are the same as the contents of the original source document.

And I make this solemn declaration conscientiously believing it to be true.

Signature of John Doe

Signature and stamp of Notary or Commissioner for Oaths

The legal format for affidavits will vary depending on the country in which the affidavit is being sworn. The affidavit needs to be legal in the country in which it is sworn.

2. A Certified True Copy of the Original Document

If you are not submitting the original document which was translated, but a copy only, then it must be a certified copy . This means a person who is authorized to take oaths saw your original document, compared it to the copy, and verifies it is the same. You therefore must take the original to a lawyer or Notary Public who is approved to certify copies in the country in which they practice. They must make a copy of the original document, and then write the following on the copy:

“I certify that this is a true copy of the original document”,

the name of the original document,
the date of the certification,
their name,
their official position or title, and
their signature.

Note: Updated July 2024 - Immigration, Refugees and Citizenship Canada have removed the requirement to include a certified true copy of a translated document for Parent Sponsorship applications for the 2024 intake. For those applications, a copy of the original document needs to be included with the translation.

Where can I Find a List of Certified Translators in Canada?

IRCC does not maintain a list of certified translators for immigration purposes, but relies on the Provincial licensing bodies for translators in Canada. You can find a certified translator for Canada with a simple Google search or by visiting the home page of the Provincial Translators for a specific Province . Any translator licensed by a Provincial body in Canada will be able to produce a translation that is acceptable for Canadian Immigration purposes.

Other Notes Regarding Translations

Even if you have managed to secure a certified translation for immigration to Canada, there are other rules that also need to be observed:

You cannot translate a document for your own application, even if you are fluent in both languages. Nor can your family members. It must be an independent person.

If you will submit a supporting document, for example, a letter composed by someone you know, the original letter needs to reflect the language skills of the writer. You should not write a letter on behalf of your mother in English and then ask her to sign it, if your mother cannot write in English herself. The proper route to take in this instance is for your mother to write the letter herself, in her native language, and then have it translated

The need to translate documents properly can cause a lot of issues with Canadian immigration applications. If you need to provide translated documents as part of your application, we recommend that you meet with an Alberta immigration consultant to ensure that the translations you have obtained will be acceptable and to ensure that you include all of the documents necessary for your application to be accepted for processing. At The Way Immigration we are very familiar with these requirements, and are happy to assist.

Statutory Declaration of Common-law Union (IMM 5409) Instruction Guide

Mon, 26 Apr 2021 17:58:00 GMT

The best way for applicants in a common-law relationship to prove their relationship to Immigration, Refugees and Citizenship Canada (IRCC) is to submit the Statutory Declaration of Common-Law Union along with supporting documents.

The form number on the IRCC website is called the IMM 5409. It’s always important to use the most recent version of any immigration form when submitting your application. The date can be found in the bottom left corner of every immigration form. The most recent version of the IMM 5409 is January 2023.

Criteria for Being Considered Common-law

For immigration purposes, three criteria must be met to create a common-law union:

you have lived together in a conjugal relationship for at least 12 months continuously (inside or outside Canada, or a combination)
you have joined your personal affairs, and
you intend to remain together permanently.

Once the minimum one year of cohabitation is met, you will be considered a common-law couple even if you separate temporarily after that, for example, for work purposes or to assist family members abroad temporarily.

Who Needs to Fill out the IMM 5409 Form?

The IMM 5409 must be submitted when required on the Document Checklist for your application. But you can make use of this form in other applications as well, even if it has not been specifically requested.

For instance, it is a good idea to submit the IMM 5409 form whenever your common-law relationship impacts the application in any way, especially where you are seeking an immigration benefit based on your relationship (or might wish to in the future). For example, you should include the form when sponsoring a common-law partner for permanent residence such as on an Express Entry or PNP application.

Temporary resident applicants can also use the IMM 5409. All immigration benefits available to legally married spouses, such as the open work permit for spouses of skilled workers, are equally available to common-law partners if they can prove their relationship. For example, submitting an IMM 5409 is advisable for international students wishing to have a common-law partner accompany them, or for visitors seeking to extend their visit to spend more time with a common-law partner as the relationship continues.

What if My Country Does not Recognize Common-law Partners?

Common-law is considered a “marital status” for the purpose of any questions about marital status on the application forms used by Immigration Canada. This status can be described in different terms, but these all mean the same thing for immigration forms and all the visa programs: common-law marriage, common-law union, common-law partners, or a common-law relationship. You must disclose this relationship on any Canadian immigration applications, even if this concept is not used in your own country. If you meet the definition used by the Immigration Canada, as explained above, then your marital status will be considered common-law, and you must state that on your immigration forms. You do not necessarily need to file the IMM5409 if it is not on your Document Checklist — but see above for other times when that would be advisable.

Why do They Have the Statutory Declaration?

Unlike marriage, there is no formal certificate to prove a common-law union. Thus, the extra formality of the Statutory Declaration of Common-Law Union lends more weight to your statements, as it is a criminal offence to make a false statement in a Statutory Declaration. That is why is necessary to declare the common-law partnership under oath.

The requirement for the oath therefore makes it more formal than all the other immigration forms, as the process involves an independent third party. The IMM 5409 is a solemn declaration where both parties declare the truth of its contents in front of a qualified public official. In Canada, the public official can be a Notary Public, a Commissioner of Oaths, or a Commissioner of Taking Affidavits. Outside Canada, it can be a Notary Public or the equivalent official who is authorized to accept a solemn declaration in that jurisdiction.

Instructions for Filling Out the IMM 5409

First, ensure you meet the common-law criteria as above.
Fill out the form, but do not sign or date it until you are in front of the public official. It can either be typed or completed by hand in black ink.
Use your full legal names, exactly as shown on your passport.
The IMM 5409 requires the number of the continuous years you cohabited as a couple, with the start and end dates. The start date is when you moved in together – not when you started dating. If you are still living together at the time of signing the declaration, the end date can be “to present” or the date you will sign the form. If you have more than one period of cohabitation, put the most recent period when you lived together for more than 12 months in duration.
The questions in Boxes 1 and 2 require yes or no answers; do not leave any blank.
Attend together before the public official who is authorized in your jurisdiction for taking affidavits. You can usually find notary services or a Commissioner for Oaths on staff or on call at the City Hall or at a Registry Office in Canada (where you go to get a driver’s license).

How Can We Sign the IMM5409 if We Are in Different Places?

It’s still possible to be considered common-law even if you are not living together with your partner at the time you will be signing the Statutory Declaration. In other words, you cannot be physically present together to sign the IMM 5409. Of course your relationship must continue to be a genuine conjugal relationship and you must have lived together for at least 12 months in the past, plus intend to resume cohabitation with your common-law partner as soon as it becomes feasible again.

In this case, you will not have one notarized document, but two. The top part will be exactly the same since the information describes your situation. As always, use your full legal names. The country and address at the top is your common address. We recommend that you complete the IMM 5409 form, filling out all the top parts correctly, and then each print a copy you will sign separately. At the bottom of the form, in Box 5, each partner is a “Declarant”; the second line need not be filled in. And of course it will be signed in different locations in front of different officials. Each partner then should take a copy to a qualified official in their area to declare and sign the signature line that all the information is true. You can then submit both of copies with your application. It is not essential the dates of signing them are the same.

Proof of Relationship – Supporting Documents

Because living together is the essence of a common-law relationship, Canada Immigration requires documents to prove that you have lived at the same address as the most critical proof of your common-law status. Each situation is different, so no specific document is required to prove the common-law relationship, but you are expected to provide evidence that backs up what you said on your forms. Standard proof might be a lease, shared utility bills or a letter from a landlord stating you lived together during the relevant period. Additional corroboration might be found in mail sent to each of you such as shared utility bills, or your employment, tax or banking records showing your addresses. This type of evidence and supporting documents from third parties is preferable to letters from friends and family members.

It is up you you to consider what evidence may help show you are in a genuine relationship as a couple and committed to each other for life – and not just roommates. In other words, what shows you love each other and have combined your affairs on a permanent basis? Examples might be joint assets or debts, a will that names your partner as beneficiary, or presenting yourselves as a couple on social media. The IMM 5409 provides some examples, such as life insurance and joint accounts; but it is important to realize that no one item or items is required. Reasonable documentation in your circumstances is expected.

Tips For When to Seek Professional Advice

Common-law couples may benefit from professional advice from a licensed immigration consultant or immigration law firm where:

It is not clear whether the relationship qualifies as a common-law relationship, for example, you have lived together off and on, but never for 12 continuous months.
You are not sure of the precise date when the common-law union started.
You did not change your address when you moved in with your partner.
You have lived together for 12 months but were apart for short periods.
You declared on earlier immigration forms you were “single” when in fact you were common-law.
Although you meet the definition of common-law status, you have almost none of the standard supporting documents to corroborate that.
You did not declare yourself as common-law to Canada Revenue Agency when filing taxes.
You are not certain how to fill out the IMM 5409 properly – or any other application form for that matter
You are not certain how to manage the signing of the solemn declaration since you cannot be physically present together.

Proving you are common-law partners can be straightforward in some cases but difficult to prove in others, depending on how the relationship evolved. It is extremely important to be accurate on the Statutory Declaration of Common-Law Union, not only to avoid problems and delays but to ensure you obtain the immigration benefits available to you as a couple, especially if you are seeking permanent residence. The Way Immigration has helped hundreds of common-law partners become temporary or permanent residents and our experience can help you succeed as well. Arrange an appointment today with one of our Alberta immigration experts, to ensure that your common-law relationship is properly and successfully represented to Immigration, Refugees and Citizenship Canada.

The Best Way for International Students to Get Permanent Residence

Fri, 16 Apr 2021 17:01:00 GMT

Important Update:
The Temporary Resident to Permanent Resident (TR to PR) Pathway was a limited-time program and is no longer accepting applications. The intake closed on November 5, 2021, and there have been no announcements from IRCC about reopening the program. For current immigration options, please book a consultation with our licensed immigration consultants.

A new option has just opened up which makes it easier for international students who have already graduated to get permanent residence in Canada. This pathway is open from May 6 until November 5, 2021 or until 40,000 applications are received – whichever occurs first.

Below is an outline of the main criteria for this pathway. Watch this space for more details as they are released before the new program opens on May 6, 2021.

New Rules for International Students — Do You Qualify?

The criteria for this new pathway is now established. As a principal applicant, you must:

be present in Canada when you apply and until you are approved for PR
have lawful temporary status in Canada, or be eligible to restore your status
have graduated from a qualifying program of study from an eligible DLI
have completed your Canadian studies after January 1, 2017
are currently working in paid employment (not self-employed)
have CLB 5 in all language skills on a valid a test (less than 2 years old) and
meet all admissibility requirements.

If you meet all of the above criteria, you do not need a valid post graduate work permit at the time of application. Nor must your current job need be a skilled occupation or related to your field of study. This pathway does not use a points system like Express Entry – the above criteria alone allow you to apply for PR.

Importantly, if you meet the criteria and also speak French , there is a separate pathway that may be more predictable for you as it has no numerical cap. It is also open until Nov. 5, 2021.

What is a Qualifying Program of Study

For the purposes of this program, your study in Canada must have resulted in a post grad work permit and must have been one of the following credentials:

a degree (Associate, Bachelor’s, Master’s or Doctorate)
a program of any duration that allowed you to gain work in specific skilled trades that have been listed by IRCC
one or more diplomas or certificates that total studies of at least 16 months in duration – you can combine 2 diplomas of 8 months each, if applicable

How to Apply

Applications through this program need to be made through the IRCC online portal. Ensure that you create an account with IRCC if you don’t have one already. All necessary documents must be submitted upfront through the portal, including the following:

Proof of Canadian studies – degree or diploma plus transcripts
Valid language test results – IELTS or CELPIP
Police clearances for all adults included in the application
Upfront medical exams completed by a panel physician
Proof of valid status in Canada
Proof of current employment

Steps to Obtain Permanent Residence in Canada for International Students

There are a number of steps to take immediately to ensure that you are able to submit your application before this program is full:

Book a language test if your current results are more than 2 years old. The agencies in Canada are CELPIP and IELTS – find the one nearest to you and book the general test for immigration purposes.
Book immigration medical exams for you and the members of your immediate family.
Apply for police certificates from each country where you lived for at least six months in the past 10 years. All adults included in the application require police certificates. You do not need police certificates from Canada.
Meet with a professional to ensure that you are on track to be successful with your application.

More Tips for Using this Pathway to Permanent Residence

The new rules for international students in Canada are exciting – but this window of opportunity is very short term and the program will close as soon as the required number of applications have been received. You need to work quickly and you need to submit a perfect application – or you will be disappointed. Our advice is to seek a consultation with a professional if any of the following apply:

You are not certain if you qualify.
You are not clear on the precise documents needed in your case.
You might have difficulty getting necessary documents such as police certificates.
You have family members abroad you want to include, or you are not certain which family members you can include.
Your current status in Canada is unclear.
If this is your only opportunity to apply for Permanent Residence in Canada. If you won’t eventually qualify through any other program like Express Entry or a Provincial Nominee Program , then you really need to make sure that this once in a lifetime opportunity is handled properly.

The Way Immigration has helped hundreds of international students make the transition to permanent residency. We are familiar with the pitfalls you must avoid if your application is to be successful. Arrange an appointment today with the best immigration consultant in Calgary to ensure that you qualify, that your supporting documents are in order and that you will be able to submit your application before the category is full.

Avoiding Common Law Partner Sponsorship Mistakes – Top 5 Tips for Success

Mon, 08 Feb 2021 22:20:00 GMT

Canada affords common-law partnerships many of the same rights that are afforded to married couples. For immigration purposes, a common-law partnership is recognized when two committed partners have lived together for at least 12 months consecutively, and have combined their affairs in much the same way that you would expect from a married couple. Our office reviews a lot of self-prepared applications for common-law sponsorship to Canada, and we consistently see people making the same mistakes. I want to share with you some tips to help you avoid the most common errors.

5 Tips for a Successful Common-law Sponsorship Application

1. Ensure that you actually qualify as common-law.

You must be able to prove at least 12 months of continuous co-habitation with your partner. Include dated documents with your application that show you have had the same address historically, and for a period of at least one year. Keep in mind that travelling together or living together in a different country also counts – even if that country doesn’t recognize common-law status.

2. Sign and Date your forms AFTER you have met the 1-year cohabitation requirement.

You must already qualify as common law on the date you sign your forms. If you are preparing your application in advance, don’t actually sign and date the forms until after you meet the eligibility criteria. If you sign too soon, your application will be refused.

3. Include a Stat Dec of Common Law.

The Statutory Declaration of Common Law form, IMM 5409 , is not requested on the document checklist for a common-law partner sponsorship to Canada, but I recommend that you include it with your application. Both partners will need to attend an appointment with a Notary Public or a Commissioner for Oaths in order to swear the declaration. Note that this form requires you to state when you started living together for a continuous period of time. If you have had periods of time when you lived apart, don’t swear that you have lived together continuously from the start of your relationship – specify only the periods when you were actually living under the same roof. When completing the form, don’t put an end date for your relationship, rather, use TO PRESENT if you are still living together.

4. Double check the address history you have listed for both sponsor and principal applicant.

One of the application forms (IMM 5532) asks for the sponsor’s address history for the past 5 years, and another form (IMM 5669) requires the sponsored partner to list their 10-year address history. Ensure that your addresses, as listed on these forms, properly reflect that you have lived at the same address together for the required period of time.

5. Include an open work permit application.

If you are applying for an inland sponsorship and you want to start or continue to work in Canada, you must include an application for an open work permit with the sponsorship package. Just applying for the sponsorship itself won’t allow you to stay or work in Canada. You must include this second application, and associated fees, as well.

What happens if I make a mistake on my common-law partner sponsorship application?

The best option is always to submit a perfected application for processing to IRCC. This can be difficult, if not impossible if you are working with this type of application for the first time. Depending on what type of mistake is involved, the outcome could be that IRCC returns or refuses your common-law sponsorship application. A returned file often means that your partner will lose the right to work in Canada while waiting for their Permanent Resident status . Having your common-law partner sponsorship refused means that you will need to start the process over again, and you have lost all of the fees paid for your initial application, or you will need to spend several thousand dollars to appeal the decision. In some cases, it can be much more difficult to gain approval in the future if your file has already been refused the first time. Any of these scenarios means that you lose thousands of dollars and years of time. It’s not worth it to take a chance by submitting an application if you don’t know for certain that it’s perfect.

The Way Immigration has been involved with hundreds, if not thousands, of successful common-law partner sponsorship applications. Contact our Alberta immigration office today, to ensure that your application is done properly the first time, for the best and fastest outcome possible.

Basic Guide – How to Prove Common-law Partnership for Canadian Sponsorship

Tue, 02 Feb 2021 00:03:00 GMT

How do you prove you are common law for a common-law sponsorship application?

Common-law relationships are different than marriages because often you cannot point to one specific day when you joined your lives together. It usually happens gradually that you are spending more and more time in one house together and then one day you decide that it makes no sense to keep paying for two separate places. Eventually, over time, you may decide to open joint bank accounts or start listing both names on utilities or insurance – but again, this usually happens incrementally and doesn’t suddenly change in one day like it does when you get married. Eventually, you come to be considered common law partners.

How do you prove a common law relationship for Canada immigration?

Proving a common-law relationship in an immigration application can be challenging for that reason. As your relationship was developing, you likely weren’t thinking about immigration requirements and you may not have created the intentional paper trail that you now understand you need in order to sponsor your partner.

Canada immigration recognizes common law partners that have lived together in a genuine marriage- like relationship for at least 12 months continuously, and who have combined their lives in a way that resembles a marriage-like relationship. You have to be able to prove your common law relationship in 4 main areas – you share an address, you share financial responsibility for your lives, you have a public relationship and you are emotionally dependent on each other.

Applicants often think that if they don't have a joint lease or haven't filed as common law in their tax returns, that they can't qualify for a sponsorship. This is incorrect, as there can be many different ways to prove the relationship with your common law partner.

Common Law Partner Canada Requirements

Proof of same address for Common Law Partners

The good news is that if you have actually lived together, you will have some kind of a paper trail, whether you have done all of the common address changes or not. It’s virtually impossible to function in society today without using your address in some form or another. You might just have to get more creative than the IRCC common-law partner sponsorship document checklist.

You also need to keep in mind that there are two tests for this factor. Do you have the same address and have you had the same address for more than 1 year? In any kind of documentation you provide regarding your address, ensure that you are providing a timeframe that shows at least 12 consecutive months.

Obviously, a residential property rental agreement with both names is an ideal document to demonstrate a shared address; however, if you don’t have a lease, you can also get a letter from your landlord, your roommates, or your neighbours. Somebody, somewhere knows where you live.

Other creative proof of address might include tax documents, invoices for online purchases, joint utility accounts, government issued documents like driver's licenses, prescription records or concert tickets. Over the years, our office has compiled an enormous list of the different types of documents one could collect to demonstrate proof of same address for common law partners. If you are having difficulty getting your own proof of common law relationship together, you might want to book an immigration consul t with us and we can help you brainstorm.

Shared financial responsibility

One key aspect of a common law relationship is shared financial responsibilities and financial support. Even if you haven’t set up a joint bank account, there are ways to demonstrate that you share financial responsibility for your lives and provide financial support to each other. Ask yourself, “How do we pay for our lives”? Maybe you e-transfer funds back and forth – there’s a record of that. Or perhaps you each pay for different parts of your household expenditures – one pays rent and one pays groceries. Provide a detailed written explanation with your application and include receipts to prove it, or use one of the apps that is available to track household expenditures evidence. If you do have joint bank accounts or joint credit card accounts, make sure that you are using them. Also ensure that you have added your common law partner to any insurance benefits that may be available for common law partnerships, and include evidence that your insurance company considers them your partner.

Public relationship

It’s important that you demonstrate that your common law relationship is public in the photos that you choose to submit with your application, with letters from friends and family, and with print outs from your social media accounts. Don’t just submit a bunch of photos of the two of you. It’s very important to include pics that show you together with other people – like family occasions, as well as holidays or work gatherings. Likewise, for your social media printouts – ensure that you include the comments received from friends and family in response to the post that you made. Historical social media conversations can serve as terrific evidence of a genuine relationship for your sponsorship application.

Emotional dependence

Emotional dependence on one another is an aspect of a genuine relationship that may be demonstrated through your photos or social media – are you together at important events in each other’s lives? If you’re not into photographing every single life event, consider writing a detailed written explanation of your relationship that includes a description of the way that you support each other emotionally – how do your personalities work together?

Letters from your friends and family can serve both as evidence of a public relationship but also proof of your emotional dependence on one another. Instruct your friends or family to use this opportunity to give the visa office a glimpse of how you function together in your common law relationship - who takes responsibility for which aspects of the household, how do your personalities work together, how do you both interact with each other's families? The letters should enable to visa officer to get to know both of you, and not simply state that you have a genuine relationship and that the write supports your application for permanent residence.

Affidavit of Common Law Relationship in Canada

A completed statutory declaration form is not listed as required on the IRCC common law partner document checklist, but our office makes a point to include it with every application for permanent residence as a sponsored common law partner. The Statutory Declaration of Common Law form is considered to hold the same evidentiary weight as a sworn statement in a court of law, so it's important to complete it properly before including it in your application.

Evidence of Common Law for Immigration Canada

By far, the most common reason for refusal of a sponsorship in the common law partner class in Canada is lack of documentary evidence to demonstrate that the relationship meets the immigration definition of a common law union. It's not enough to simply prove the points listed above - you must prove that each of those aspects of your relationship has existed for more than 12 months consecutively in order to be legally recognized as common law partners in Canada.

The Way Immigration has more than a decade of experience in handling common-law partner sponsorship applications successfully. Contact our Alberta immigration office for an appointment to ensure that your common-law partner sponsorship application will be successful, the first time.

Canadian Permanent Resident Status – What Happens When My PR Card Expires?

Tue, 26 Jan 2021 02:55:00 GMT

Help! My PR card has expired!

When a person obtains Permanent Resident status in Canada, they are issued a Permanent Resident (PR) card that is valid for 5 years. It seems those first 5 years can go by quickly because, on quite a regular basis, I receive emails from folks who are panicked to suddenly realize that their Permanent Resident (PR) card has expired. They are afraid they have somehow lost their permanent residence in Canada.

The good news is that your PR card is not the same as your PR status. Just because your PR card expired, does not mean that you have lost your permanent resident (PR) status. You may want to apply for a new PR card, but you are still a permanent resident until you do. Think of it like a passport - a Canadian citizen whose passport expires is still a citizen, and can apply for a new one any time. The PR card works the same way.

Understanding PR status – Does Permanent Residency expire?

Once you become a Permanent Resident of Canada, you will remain a Permanent Resident until a government official takes away your status. You will know that this has happened, because it’s a very formal process with a number of different steps involved. It ends with a letter from the government officially advising you that you are no longer a Permanent Resident of Canada.

Unlike temporary status, your PR status is not something you lose without any warning because you forgot the expiration date.

How would I lose my Permanent Resident status?

Losing Permanent Resident status is not likely to happen for most people. The most common reasons to have your PR status revoked are for committing a serious crime, or for not meeting the residency obligation. You must spend a minimum of two years physically present in Canada during every five year period after becoming a PR. If you've done this, you've met the residency requirement. If you have been quietly minding your own business in Canada for the past five years and simply forgot the date your PR card expires, you have nothing to worry about. There is no danger of losing permanent resident status while inside Canada when your PR card expires unless you are in trouble with the law.

Having said this, there are a few other ways you can meet your residency obligation, such as working abroad for a Canadian business. This is more rare, and beyond the scope of this article, but you should seek professional advice for this situation.

The main purpose of the PR Card

A valid PR card card allows you to travel back to Canada from abroad. Because you don’t have a Canadian passport yet as a PR, Canada provides the PR card as proof that those returning from outside of Canada will be welcomed into Canada upon arrival. Commercial airlines are given significant fines if they allow someone to board an aircraft to Canada when that person doesn’t have the travel document required. In this case, the travel document for a Canadian permanent resident is the PR card.

The PR card serves as your proof to the airline that you can travel back to Canada. Although PR cards may also serve as a useful form of photo identification for other purposes inside Canada, their primary purpose is to enable you to return to Canada from abroad.

What happens if my PR card expires while I am in Canada?

A valid PR card is only necessary if you plan to travel outside of Canada and intend to return. In that case, you should renew your PR card before you leave. Assuming you are eligible (having met the residency requirement), your new card will arrive in the mail. Canada also has an urgent processing system to allow people to renew their PR card quickly if they meet the residency requirements and require urgent travel. However, be advised, receiving urgent processing on a PR card application is extremely rare in our experience.

If you are inside Canada when your card expires, there are no immigration consequences. As long as you are inside Canada, you are presumed to have PR status, and it’s not really important for immigration purposes to have a valid PR card. The card was never intended by Canada Immigration to be an ID document for permanent residents, but some agencies in Canada do request it as proof of your PR status, so many people find it easier to keep it renewed. And of course, you may have an unexpected need to travel at any time.

How to re-enter Canada with an expired PR card

If you must leave Canada without a valid PR card, you cannot obtain a new card while outside Canada. Nor can you return to Canada with just your COPR, passport or other identity documents.

You do have a couple of options in terms of travelling without a valid PR card.

You can apply for a Permanent Resident Travel Document (PRTD) at the nearest Canadian visa office, once you are outside Canada. These applications are normally processed quickly, and you will be issued a one-time PR travel document to enable you to return to Canada. It is not possible to apply for a PR Travel Document in advance of your trip - you must already be abroad.

The second option is to fly to the United States and then drive to a Canadian land border. Because you are a Permanent Resident, you are entitled to enter Canada at any border. The border officers will verify your other ID documents and confirm that your permanent resident status has never been revoked. As long as you've meet your residency obligations, you will be fine. You will be allowed back into the country at a land border, even without a valid PR card. As long as you have the 730 days of residence, you can apply for a new PR card any time once you have successfully re-entered Canada.

Can I work in Canada if my PR card has expired?

Yes, as mentioned above, the PR card itself does not determine your status. If you are in Canada and your permanent resident card has expired (or perhaps was lost or stolen), and no one has officially taken away your PR status – then you are presumed to be a Permanent Resident of Canada indefinitely, and can legally work. It is probably still a good idea to renew the card in case you need to travel outside Canada in future, as the processing time can be several months - possibly longer in complex cases where it is not clear you met the residency requirement.

By the way, your SIN number does not expire when your PR card expires. When you became a permanent resident, the federal government issued you a permanent SIN number, and you can continue to use that SIN number even without a valid PR card.

The Way Immigration is happy to help you understand your status in Canada and avoid problems while travelling. We can assist you to obtain the necessary documents required to prove your immigration status and can advise people doing their own process, or prepare the application package for you. Arrange an appointment today with our immigration consultant in Alberta , and gain the peace of mind that comes from understanding exactly what’s important for your specific situation.

Canada Immigration Guide – Checklist for submitting your Canadian Immigration Application

Mon, 18 Jan 2021 22:15:00 GMT

Top 5 things to do before you submit your Canadian Immigration Application

Some Canadian Immigration applications are still processed the old fashioned way – by paper. If you are applying to sponsor a family member , to renew your PR card , as a Provincial Nominee or applying for Canadian Citizenship , here are our best tips to consider before sending your application out the door.

1. Check forms validity.

Every Canadian immigration form or document checklist has its publication date in the bottom left-hand corner of the form. Anytime the form is changed, the new publication date is recorded. When submitting a paper application, you need to ensure that you are sending the most recent version of each particular form. Ensure that you check the online version of each form and compare the publication date to the forms you have prepared. If the online form has been updated, then you need to also update your copy before you submit your application.

2. Double check signature dates.

Forms will only be accepted as valid by IRCC if the signatures on each form are less than 90 days old on the day that the application is received by IRCC. If your forms are too old when received at the processing center, IRCC will return your entire application to you and tell you to start over. Also, it’s important that your forms have not been signed before you actually qualify for the application that you are making. For example, if you are applying for a common-law sponsorship, ensure that your forms are signed and dated after you have met the requirement for 1-year of cohabitation. If you sign your forms too early, you will be refused because you don’t actually qualify.

3. Keep a complete copy of your application, exactly as you are sending it.

Immediately before sending your application, take a complete scan of the application, or make a complete paper copy. This is important for so many reasons. Envelopes can get lost in the mail, IRCC can lose pages of your application, and at some point, you may need to remember all of the dates you have provided (like when you apply for Citizenship, or PR card renewal ). Further, if IRCC comes back to you at a future date and says they are not satisfied that you qualify for the program you have applied for, you will be given a period of time to make new submissions to show them that you do qualify. At that point, it will be very important for you to be able to review what you have provided, in order to understand what additional information you can provide to bolster your application.

4. Send it using a method that you can trace – either Express Post or courier.

You need to be able to prove that your application was received by IRCC and when it was received. There are many instances when you may need this information – to help IRCC track down an application that is taking longer than expected, or to prove one application in the context of another (for example, if you need to make a work permit application on the basis of your PR application in process). Once you have sent the application, ensure that you track the delivery and save proof of the delivery until you have some kind of communication from IRCC that tells you they have received your application.

5. Double check your photos.

The passport size photos that need to be included with a paper immigration application cause all kinds of problems, and in some cases, can even cause your application to be returned to you, unprocessed. Pay close attention to the photo specs for the type of application you are submitting. Measure the frame size of your photo to ensure it matches the requirements of the specs. Measure your photo from your chin to the top of your head and ensure that the size of your head is within the minimum and maximum measurements indicated on the photo specs. Check to see what kind of information is required on the back of the photos. You generally require the photographer’s name, address and the date the photo was taken along with your own name and date of birth.

The Way Immigration has developed a robust quality assurance process to ensure that files leaving our office will meet the standards of IRCC. Often the most valuable service that we provide to our clients is the assurance that your application is done properly, and you don’t need to worry. Immigration is stressful – let the best immigration consultant in Calgary help you reduce your stress with our expert approach.

Invited to Sponsor Parents or Grandparents to Canada 2020: What to do next?

Wed, 06 Jan 2021 21:04:00 GMT

We have been waiting a long time for the 2020 parents sponsorship draw date, which was delayed several times due to the COVID pandemic. On January 5, 2021, Immigration, Refugees and Citizenship Canada finally started issuing invitations to selected sponsors for the 2020 Parent and Grandparent sponsorship program. The invitations are being issued over a period of several days, through a randomized lottery system that selects applicants who submitted an interest to sponsor form during the intake period in November 2020. Invitations are being sent via email to selected sponsors, but once all invitations have been issued, the results of the selection draw will be posted on the IRCC website. If your invitation has not arrived to your inbox yet, remember to check your junk mail folder frequently in case your invitation ends up there.

If you are invited to sponsor, the complete application for Permanent Residence needs to arrive at the IRCC processing center within 60 days. This is not a lot of time to organize documents coming from overseas, so if you have received an invitation, you need to act quickly.

Sponsoring your parents or grandparents to Canada

If you have received an email alerting you to the fact that you have been selected to sponsor for 2020, you need to act quickly to organize the sponsorship application. The sponsorship application that you submit to IRCC needs to be perfect, or it will be rejected and you will not be able to sponsor your loved ones (second chances don’t exist). Therefore, it’s imperative that you know what you are doing, and pay attention to even the smallest of details.

1. Ensure you are eligible to sponsor your parents or grandparents.

Ideally, you should have been certain that you met the criteria to sponsor your parents or grandparents at the time you submitted the interest to sponsor form in November. Note that just because you have received an invitation to sponsor, that doesn’t ensure that you are eligible to sponsor. IRCC will assess your situation when you submit the completed application package, and if you are not an eligible sponsor, the application will be refused at that time – with no refund of fees. This is a costly way to determine your eligibility. It is much better to review your situation before applying, using the IRCC eligibility guidelines.

2. Gather documents and information needed for the application.

The documents and information needed to prepare a parent or grandparent sponsorship application to Canada can be found on the IRCC website. Use the document checklist for parent sponsorship to Canada as your “recipe” and compile the contents of your application carefully. Note that you will need to save many of the forms onto your computer before you can open them properly. It’s normal to get the “Please wait…” message if you are trying to open the forms directly from the website.

You must prepare a perfect application. Every document listed must be included, every form required must be perfectly completed, every signature and every date must be present. IRCC does not work with applicants to bring their applications up to standard. If you don’t submit a perfect application, the first time – you don’t get to sponsor. It’s really that harsh.

3. Submit your parent or grandparent sponsorship application.

The parent and grandparent sponsorship process is a paper-based application. There are a number of important steps to take when submitting a paper application to IRCC, including ensuring no gaps in time on the information you provide, double-checking the validity of the forms you are using, keeping a complete copy of the application before you send it, and keeping proof that it was delivered to the proper processing office – on time.

What happens after I submit the application to sponsor my parent or grandparents to Canada?

If your application package is considered by IRCC to be perfect when received, you will be notified of your file number in an email. From that point forward, you need to monitor your email carefully as all further instructions regarding next steps on the file – like submitting biometrics, taking a medical, submitting police clearances – will come via email and will include a deadline for completion.

If your application package is not considered perfect when received by IRCC, the entire package will be returned to your address and that, unfortunately, means that your dreams are finished for now. If you are invited to sponsor again in future program draws, you may have another chance to sponsor.

How long does it take to sponsor parents to Canada?

The processing times for the 2020 Canada Parent and Grandparent Sponsorship program are anyone’s guess. Processing times for this program have been much faster in recent years, since IRCC started managing the process through the invitation only system. Straightforward applications from recent years have been processed in 6-12 months, and more complicated applications take longer, 12-24 months. In this new era of COVID, processing times will be impacted by the pandemic situation in both Canada (where the sponsor is processed) and in the home country of the parent or grandparent (where their visa is processed).

I was not invited to sponsor my parents or grandparents in 2020.

Once the invitation period has passed, if you find that you were not invited to sponsor your parents or grandparents to Canada in the 2020 program intake, there are a couple of other options to keep in mind.

1. The Parent and Grandparent sponsorship intake for 2021 will be the largest in recent years – with 30,000 sponsors invited (as opposed to the 2020 intake where 10,000 sponsors were invited). It’s possible that you could be invited to sponsor your parents or grandparents in the months ahead – as long as you submit another interest to sponsor when the 2021 program opens.

2. A Super Visa to Canada allows your parent or grandparent to be with you while you wait for the opportunity to sponsor them for permanent residence. There are some unique processes to follow while Canada’s border remains closed to most travellers during the COVID pandemic, but it is still possible for close family members of Canadian Citizens or Permanent Residents to join their family members in Canada in certain instances.

3. A regular visitor visa is also possible for parents and grandparents. The requirements for this type of visa are less stringent than a Super Visa application, but it can be more difficult to gain approval – depending on where your parents or grandparents are located. It’s always a good idea to have professional advice if you are applying for a temporary visa, because refusals are frequent and once a refusal is on file, it can be more difficult to gain approval in the future.

Benefits of sponsorship your parents or grandparents to Canada

Although it’s possible to have your parents or grandparents spend time in Canada with visitor status, the benefits of being chosen to sponsor them for Permanent Residence are vast. As Permanent Residents, your parents or grandparents can work in Canada and don’t need to maintain expensive travel insurance, because they will qualify for Provincial Health care coverage. They also are not subject to additional immigration processes to extend or renew temporary status on an ongoing basis, and can eventually become Canada Citizens if they want to. Sponsorship, when it’s possible, is definitely the way to go!

Being invited to sponsor your parents or grandparents to live permanently in Canada is akin to winning the lottery – potentially a once in a lifetime opportunity. The Way Immigration is here to help you make the most of this incredible moment. Set up an appointment with one of our Alberta immigration experts today to ensure that your parent sponsorship application is perfect, and will ultimately be successful.

Canadian Immigration Lawyer Vs. Consultant – What’s the Difference?

Tue, 05 Jan 2021 02:07:00 GMT

What is a Canadian Immigration Consultant?

First, let me make it clear I am only talking about Regulated Canadian Immigration Consultants in this article. Under Canadian immigration law , you have to be either a Regulated Canadian Immigration Consultant (RCIC) or a lawyer before you can charge the public fees for advice. This is true whether the advisor is inside Canada or outside Canada.

Make sure your consultant is regulated!

An RCIC is a professional who has studied a formal program regarding Canada’s immigration laws and subsequently passed a professional licensing exam that attests to the fact that they have achieved a certain level of knowledge, training and skill to fulfil their duties. They have also accepted their responsibility to abide by a code of ethics.

RCICs are regulated by the College of Immigration and Citizenship Consultants (the College). The College is authorized by the Government of Canada to set strict standards of practice in order to protect consumers of immigration services. The College website explains how to become an immigration consultant in Canada and what the public can expect both from their consultant and from the licensing organization.

The scope of legal education of an RCIC is strictly related to immigration law. The area of the legal system they can work in is confined to Canadian Immigration, refugee and citizenship law and policy.

What is a Canadian Immigration Lawyer?

Canadian immigration lawyers are also professionals who offer immigration services. They have completed a law degree from a recognized law school and have subsequently been called to the bar of a specific Province in Canada. The scope of education for lawyers is broader and encompasses all areas of the Canadian legal system. Thus, their training allows them to practice law in any part of the legal system. Lawyers who decide to practise immigration law can also advise immigration applicants on other parts of the Canadian legal system if needed, such as real estate system or the criminal court process. They can also represent applicants in court.

Question: Should I hire a lawyer or a consultant for my Canadian immigration application?

Answer: You should hire an expert in the type of application.

The simple answer is, it depends on what you need to have accomplished. No one individual, whether they are an immigration consultant or an immigration lawyer, will be an expert in every type of application. The system is too big, and encompasses a wide variety of situations. Most practitioners will specialize in a few areas. So you will want to find an immigration lawyer or immigration consultant with experience and expertise in your particular immigration matter.

Here are some general rules for getting started:

You can benefit from immigration consultants if:

You are looking for options
You are looking for information
You need to make an application for a visa

You most likely need a consultant or a lawyer if:

You already have a serious immigration problem

You most likely need a lawyer only if:

You are seeking to overturn a refusal
Your matter needs to go to court
You need legal support in other areas (eg Canadian criminal charges)

When to hire a Canadian Immigration Consultant

If you need to get yourself to Canada or if you are already in Canada but want to stay longer, then you need to make an application for a specific type of status. For the processing of most types of applications – Citizenship , Permanent Residence , work or study permits , as well as all types of visas – you should be well-served by a consultant.

Consultants prepare and represent the vast majority of Canadian immigration applications each year – meaning experienced consultants should be very competent at what they do.

You will also likely find that their rates are lower than a lawyer. Hiring a Regulated Canadian Immigration Consultant for your immigration application results in the best of both worlds for you – you have the most qualified expert for your situation, and the price will probably be lower than using a lawyer.

As well, consultants come from many languages and ethic communities. You may find it more efficient to work with someone who shares your cultural background.

Hire a Consultant or a Lawyer

There are certain situations where you might choose to work with either a consultant or a lawyer and so your focus should be on determining whether the representative you are considering has direct experience in the type of situation you are facing. The normal process of immigration or refugee applications, including some obstacles in the road such as procedural fairness letters, admissibility assessments, detention reviews, removals or sponsorship appeals can all be handled by either a consultant or a lawyer.

Your focus should be on determining whether the representative you are considering has direct experience in the type of situation you are facing – don’t just assume that someone knows what they are doing. Ask them how often they handle cases like yours and how successful they are. If you have two equally qualified reps, then you could make a decision based on fees and availability to take your case; but generally, when you get to a situation that is as serious as those we have just mentioned – you really need competent counsel or you could find yourself barred from Canada. At this point, you want the most competence, not the lowest price.

Hire a Lawyer

If you need to overturn a Canadian immigration refusal that you feel was issued in error or was somehow unjust, in most cases you will need to file a court case (called Judicial Review) to challenge the decision in Federal Court. This is an application that only a lawyer can make for you. There are short timelines to file for Judicial Review, so do not delay.

If you prepared the application yourself – without counsel — and it was refused, for example a study permit or a spousal sponsorship, it may be the case that a consultant can help you as a first step. We know from experience it is very rare that an individual working on their own file will prepare an application to the rigorous standards that will be needed to achieve a positive result in federal court. In many cases, it is simpler to just file again, but a much improved application – an experienced consultant will know when this is worthwhile, or if you should actually see a lawyer to file for judicial review. To repeat our earlier advice, ensure that you ask any consultant about their level of experience in preparing files like yours in anticipation of a judicial review, because applications need to be extremely comprehensive in order for you to have a chance of success at Federal Court if it is refused again.

A final word about Unauthorized Representatives

No matter who you choose to work with – consultants or immigration lawyers– it is very important any person you hire is licensed. Taking advice from family, friends or fake consultants and lawyers (no licence!) is dangerous for you. For example, if you pay an immigration consultant and get faulty advice, you may well be in trouble with Canada Immigration, not them – and your immigration process can be derailed. You can also receive a 5-year ban from Canada for misrepresentation if you have worked with an unauthorized rep whom you have not declared on your application.

Hiring a regulated immigration consultant (RCIC) or a lawyer located inside Canada is the best protection as Canadian authorities can intervene on your behalf if you are taken advantage of.

To find out if a representative is authorized to practice Canadian immigration law – ask them. They should be able to point to their name on the CICC website (consultants) or with the Law Society of the Canadian province. If they can’t show you that their name is available on a public database, then walk away. There are plenty of authorized reps available for you to work with.

Are you hoping to visit Canada temporarily or become a permanent resident? No matter which expert you choose to work with, you want to ensure your case will be handled by someone who gives you the best chance of success. The Way Immigration has experts who can work within most areas of Canadian Immigration Law. However, if we feel that your situation needs attention that we are not in the best position to provide, we will refer you to a trusted Calgary immigration colleague with expertise that matches your needs. Your success and well being is our primary concern.

5 Tips on How to Write an Immigration Invitation Letter

Mon, 16 Nov 2020 20:43:00 GMT

When applying for a visitor visa (also called a Temporary Resident Visa or TRV ), a strong Letter of Invitation will be invaluable. It should contain all the essential information the officer needs to make a proper judgment about the purpose of your trip. And in many cases it will make the difference in whether your visa is approved or not.

1. Who should write the letter of invitation?

The party extending the invitation should write the letter. It can be any party, but the purpose of the trip will determine the best party to write it.

If you are travelling to Canada to visit friends or relatives, then you should obtain the invitation letter to Canada from the friend or relative with whom you have the closest connection. Whenever possible, a blood relative is a better choice than a non-blood relative (ie. sister instead of brother-in-law); and a relative will usually be considered a closer connection than a friend. However, ensure that you actually intend to spend time with whoever is providing the letter of invitation. It is not a good idea to get a letter of invitation from your aunt in Toronto when the purpose of your trip is to visit your best friend in Vancouver.

You should also consider immigration status when deciding who should write your letter. It should be a Canadian citizen or permanent resident. Only in exceptional circumstances should you consider providing an invitation to visit Canada from an individual who has temporary status in Canada.

If your main purpose is to visit Canada for a business meeting or event, then the organization that you will be spending time with should write the letter.

2. What information should the letter of invitation contain?

a. Details of the Applicant (You)

full legal name
date of birth
current address and telephone number as well as email
relationship to the person or organization writing the invitation letter
purpose of the visit to Canada
length of the visit including planned arrival and departure dates

b. Details of the person or organization inviting the applicant

full legal name
date of birth
current address and telephone number as well as email
status in Canada (Canadian Citizen, Permanent Resident or Organization)
occupation details of the inviter; spouse occupation if applicable
names and dates of birth of spouse and children, if applicable
total number of people that live in the household

c. Details of the intended visit to Canada

The letter of invitation needs to explain why you should be allowed to visit Canada . Be as specific as possible, being sure to include the emotional aspect of your request. Visa officers are people, and, in many cases, people are more motivated by emotion than by facts. If you are only including facts in your request, you are wasting the opportunity to connect with the visa officer on a basic human level.

We have some samples below to help you craft an invitation letter. Of course, these are only a guide to illustrate the detailed information and the emotional aspects you can include to persuade the visa officer about your intentions.

Not recommended: I want to invite my nephew to visit me in Toronto.

More appropriat e: I want to invite my nephew to visit me in Toronto. I have a strong connection to my nephew because when he was younger, I was his primary caregiver for about 5 years due to the fact that his mother passed away during childbirth. I have not seen my nephew since I immigrated to Canada 10 years ago, but we keep in touch through regular video chats. I have missed him terribly during this time and he has grown and changed so much. He will be on his school break during the time I would like him to visit. I am not able to take sufficient time off from my work in order to make a trip back home to visit him. I will have two weeks of holidays while he is here visiting me. For the other two weeks, he will be spending time with my grown children and I will join them in the evenings and on weekends. It would mean so much to both of us to be able to reconnect in person after all of these years.

Not recommended: We would like our parents to visit us. We want to show them Canada.

More appropriate: We would like our parents to come and stay with us. We have recently had our first baby and we are having difficulty adjusting to life as new parents. We are on our own in Canada and our baby doesn’t like to sleep at night. The husband is exhausted because he is working two jobs and not getting much sleep, and the wife is feeling overwhelmed trying to manage everything. Our parents can teach us so many things about how to calm the baby and we would really appreciate an extra set of hands right now. We love our baby dearly, but we really need some help with this big life adjustment.

Obviously, you need to tailor your request to match the specific circumstances of your family; however, including details and emotion in the reasons will help the visa officer assess that the purpose of the visit is indeed genuine.

You also need to specify the practical arrangements for your trip, such as who will pay for all associated costs, where you will stay, and what activities you have planned.

3. Details as to why you will need to leave Canada and return to the country of origin

The biggest concern arising when visa officers assess visitor visas is the issue of whether the visitor will actually leave Canada at the end of their trip. In other words, their request for a temporary resident visa is made in good faith. This assessment is required under Canada’s immigration law . To help address those concerns, it is helpful to include detailed information on the reasons why you will need to return to your country of origin within a specific time frame, and include documents in the application to support this. Examples might be that you are expected back to work, to return to school, or you have some kind of other commitment or event taking place that requires your presence.

4. Additional info is required for Super Visa Applications

If you are applying for a Super Visa for your parents or grandparents to stay with you in Canada for up to 5 years, you also need to include the following in your invitation letter:

a promise that you will be the one to provide financial support your parents during their stay
a list of people who live in your household

5. Supporting Documents to include with an Invitation Letter

You need to back up whatever claims are made in the letter of invitation with supporting documents. If the person inviting you is your relative, then prove your relationship by means of birth or marriage certificates that link the two families. Also include any relevant document proving their status in Canada, such as a Canadian birth certificate, a Canadian citizenship card, or a PR card. Financial documents can include a letter from the inviter’s employment, income tax documents and bank records to show that they have the financial resources to host you.

If you have been invited by an organization, provide proof of that organization’s legitimacy with official business or non-profit documentation (website, business license, certificate of incorporation, etc.) along with proof of the event that you are invited to attend.

Final thoughts

It is important that the person writing the letter signs it. It is also important that the facts detailed in your letter make sense and that they match the facts that you have detailed elsewhere in the application. For example, if you are saying that you will cover the costs of the trip, then your financial documents need to show that you have the amount of money that will be required.

The invitation letter can be viewed as a summary of your visa application in that it lays out the reasons you why you want to visit Canada and also the practical details of how you will carry out your plans. A well thought out plan, accompanied by a well-documented invitation letter will result in a higher chance of approval than simply making an application and including only the forms and documents that are specified in the visitor visa document checklist.

The Way Immigration regularly works with visitor visa applications for immigration to Alberta . We would be pleased to assist you with developing a visitor visa application that has the best possible chances for success so that you can enjoy all of the excitement of a reunion with your loved ones in Canada.

Parents and Grandparents Sponsorship to Canada 2020

Tue, 20 Oct 2020 02:04:00 GMT

Ensure Your Success

Please note that parent sponsorship is a 3 stage application process. 1. Submit the online form by Nov 3, 2020. 2. Be invited to sponsor. 3. Submit a perfected PR application . If you are invited, it’s very important that the application is done perfectly. Even a tiny mistake means that your application will not be accepted for processing. You might not get a second chance to sponsor your parents. Ever.

This is why our team is here – to ensure that your parent sponsorship process is successful. We are taking a limited number of clients for the 2020 sponsorship process – reserve your spot by contacting us today .

Do you want to sponsor your parents or grandparents for permanent residence?

The 2020 version of the Parent and Grandparent sponsorship program for Canada re-opens on October 13 for a 3 week period. During this time, Canadian citizens and Permanent Residents who are interested in sponsoring their parent or grandparent to live in Canada will be able to submit an online expression of interest in the hopes of being chosen to sponsor for this program year.

The Parent and Grandparent sponsorship program was initially scheduled to open in April 2020, but it was delayed due to the coronavirus pandemic. Because Canada’s immigration department has opened the program later than usual, only 10,000 sponsors will be invited for this year – half the number of applicants than normal. To compensate, IRCC has promised that the program will invite 30,000 sponsors in 2021, instead of the usual 20,000 applications. It’s possible that because the program is open to only half the usual number of applicants for this year, those chosen for parents’ sponsorship to Canada in 2020 will experience a faster processing time than normal.

3 Steps To Sponsor Your Parents or Grandparents to Canada.

1. Tell IRCC you are interested in sponsoring your parent or grandparent.

Between October 13, 2020 and November 3, 2020, interested parties need to complete and submit a web form on the IRCC website. First, consider whether you are eligible to sponsor your parents or grandparents to Canada , according to the Canadian government requirements for sponsors. Then, you should prepare your own biographic info, your tax details for the past 3 years as well as the biographic info of your parent or grandparent. These details are entered into the online webform and a confirmation number is issued. At some point after November 3, a random process will select the 10,000 sponsors for this program year.

2. Receive an invitation from IRCC to become a sponsor.

Your invitation is likely to come in the form of an email, so ensure that your email address is correct on the webform submission. It’s also important to ensure that you check your junk mail folders because once your invitation to sponsor your parents has been issued, you will need to start work on the application for Permanent Residence quickly.

3. Submit an application for Permanent Residence

Starting from the date that you receive your invitation to sponsor, you will have 60 days to submit the completed application for Permanent Residence for your parent or grandparent. This time will disappear quickly, so it’s important to act immediately. Because you have to be invited to participate in this program, the opportunity to sponsor your parent or grandparent might be a once in a lifetime chance. If you are late with submitting the PR application or if you make a mistake in preparing it – you may never get the chance to sponsor them again.

Who is eligible to sponsor their parent or grandparent to Canada?

The opportunity to sponsor a parent or grandparent is open to Canadian citizens or Permanent Residents who are at least 18 years old, living in Canada and earn an income that meets the required levels. Sponsors must agree to be financially responsible for their parent or grandparent for 20 years from the date they take up residence in Canada.

What is the minimum necessary income to sponsor your parents or grandparents to Canada?

The funds you require to be eligible to sponsor depends on the number of people in your family. To calculate your family size, you need to take into account all of the following:

yourself
your s pouse or common law partner
any children who are less than 22 years old and not married or common law
anyone else you have sponsored for immigration purposes
the parents or grandparents you want to sponsor, and their children less than age 22

The total of all these people becomes your family size for immigration sponsorship purposes.

Parent & Grandparent Sponsorship to Canada Income Requirements 2020

If more than 7 people, for each additional person, add: $7,121 (2020), $8,876 (2019) and 8,740 (2018)

Because IRCC will be utilizing your 2020 income for this application, it will be critically important to file your 2020 income tax return as soon as possible in early 2021.

Who can be included on a parent or grandparent sponsorship application?

The family members that can be included on a parent and grandparent sponsorship application include biological and adoptive parents or grandparents, as well as step-parents where separation or divorce have occurred. Siblings and half siblings are eligible as long as they are dependent children under the age of 22. Note that you cannot sponsor your in-laws, but you can be included as a co-signer on your spouse or common law partners application to be the sponsor.

Should you hire a representative for your sponsorship application?

Anytime there is an immigration process that involves an invitation to apply, it should be viewed as a once in a lifetime opportunity. If you are invited to sponsor your parent or grandparent, and somehow mess up the application, there is no guarantee that you will ever be invited again in the future. In our opinion, it is always a good idea to work with a representative in this kind of situation.

What if you aren’t selected to sponsor your parent or grandparent?

If you aren’t selected to sponsor your parent or grandparent for the 2020 program year, there is always hope that you may be selected in 20201 or a subsequent year. In the meantime, a super visa will enable your parent or grandparent to spend time with you in Canada for up to 2 years at a time, while you wait for an invitation to participate in the PR sponsorship process.

Parent and Grandparent Sponsorship FAQ

What is the benefit for sponsored parents in Canada?

Can I sponsor my step-father to Canada?

Can I sponsor just one parent to Canada?

Can my sibling be included when I sponsor my parents to Canada?

What are my responsibilities when I sponsor my parents or Grandparents to Canada?

The Way Immigration Calgary has successfully represented Parent and Grandparent sponsorship applications for more than a decade. We would be pleased to assist you with sponsoring your family, so that you can be assured your application will have the greatest chances for success in the event that you are chosen as a sponsor for 2020.

Self-employed Work Experience for Immigration

Sat, 04 Jan 2020 16:43:00 GMT

Self-employment in Canada is entirely legal when holding a working holiday permit, but working for yourself while in Canada can often cause problems when it’s time to apply for Permanent Residence . This article explores the difficulties that can arise with eligibility for Permanent Residence when Canadian work experience has been gained under self-employment.

Being Self-employed on a Working Holiday visa is (mostly) a bad idea

In many instances, working as self-employed in Canada will seriously harm your chances of being eligible to apply for Permanent Residence. If you want to qualify for Permanent Residence in Canada on the basis of work experience and education, it’s pretty important to set out a solid immigration plan before you embark on starting your own business or working as a contractor. You could come to the end of your work permit and realize there is no option for you to stay because you have been self-employed in Canada.

What is considered self-employment in Canada?

You will be considered self-employed for immigration purposes if you received payment for your work and the usual deductions – namely, taxes, employment insurance (EI) and Canada Pension Plan (CPP) – were not taken off your earnings by the entity that paid you. Self-employment can mean that you own and operate your own business, that you work as a contractor or sub-contractor, or you are a professional who receives a certain percentage of your monthly billing totals as your salary.

How to Apply for Permanent Residence in Canada if you are Self-Employed

In the vast majority of economic immigration cases, there are two pathways to qualify for Permanent Residence in Canada – Express Entry and a Provincial Nominee Program.

If you are planning to apply for Permanent Residence under Express Entry , it’s important to realize that self-employment inside Canada does not count for Canadian work experience points, and it does not enable you to qualify for the Canadian Experience Class.

The other option to apply for Permanent Residence is a provincial Nominee Program . Each Province in Canada has it’s own program and they all have different rules, but I’ll focus on Alberta, as that’s where the majority of our clients reside. In Alberta, the Alberta Immigrant Nominee Program does not accept applications from self-employed applicants. If you live in another Province, carefully check the rules of that PNP before deciding that self-employment is going to be your best option in Canada.

Self-employment on a Working Holiday (IEC) visa is fine in certain circumstances

There are exceptions to every rule, and there are times when working for yourself inside Canada makes sense. In certain situations, individuals may have no interest in staying longer in Canada, or may be able to qualify for Permanent Residence without any Canadian Work experience.

If you are not interested in applying for Permanent Residence in Canada and want to go elsewhere at the end of your working holiday permit , then self-employment is a valid option for you.

If you are in a relationship with a Canadian citizen or Permanent Resident and you will be applying for Permanent Residence under a sponsorship, then self-employment is also fine.

If your spouse or common-law partner is eligible to apply for Permanent Residence in Canada, and you will be included on their application as an accompanying dependent, then you are also fine to work under self-employment in Canada.

Finally, if you are already eligible to apply for Permanent Residence based on your work experience from overseas, then working for yourself inside Canada will make no difference to your immigration situation.

Wait! I have been self-employed this whole time? Is there any hope?

If you have been working as self-employed in Canada and you want to qualify for Permanent Residence in Canada, it would be important to consult with a professional regarding your options. In some cases, an individual may consider themselves a contractor or sub-contractor, but the reality of their work situation means that they actually meet the Canada Revenue Agency definition of an employee. There are several criteria that need to be evaluated to make an argument that someone who has not been in a formal employer-employee relationship is actually an employee, but it is possible to successfully make this argument when certain conditions are present.

Just work for someone else, at least for a while

If you want to apply to stay permanently in Canada, and you need Canadian work experience in order to qualify, then it’s best to work as an employee for someone else until after you obtain Permanent Resident status. Once your immigration status is sorted out, you have the entire rest of your life to work for yourself.

We are often asked the question, “Can a person with an open work permit do business in Canada?” As this article makes clear, the answer is yes. Having an open work permit allows you to operate your own business venture in Canada, but it can make achieving Permanent Resident status difficult.

The Way Immigration has successfully assisted clients with ‘self-employed’ Canadian work experience to achieve Permanent Resident status. We would be happy to review your situation to determine what Alberta immigration options might be available in your specific scenario.

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Major Canada Immigration Programs

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Education and Language Documents

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Step 1: Confirm Eligibility

Step 2: Prepare Required Documents

Step 3: Submit the Application

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Biometrics and Additional Costs

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Who benefits from the new law

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