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Immigration and Family Lawyer
Work Permits for PR Applicants

Under the new Regulations that came into force in February of 2015, the offer of employment and the employer compliance fee must be met before the foreign national can submit their employer-specific, LMIA-exempt work permit application. If this requirement is not met, the application are refused under the new regulation paragraph 200(3)(f.1).

On February 21, 2015, new regulations came into effect requiring employers who provide offers of employment to foreign nationals in the International Mobility Program (i.e. NAFTA) to provide their offer of employment directly to Citizenship and Immigration Canada (CIC) using the form and electronic system provided  and electronically pay the new employer compliance fee. In addition, the employer must provide a copy of this offer of employment form to the foreign national for inclusion in their work permit application.

Section R209.11 stipulates that an employer who has made an offer of employment to a foreign national referred to in subparagraph 200(1)(c)(ii.1) must, before the foreign national makes their application for a work permit in respect of that employment, provide the following information to the Minister by means of the electronic system that is made available by the Department for that purpose:

1) their name, address and telephone number, and fax number and electronic mail address, if any;

2) the business number assigned to the employer by the Minister of National Revenue, if applicable;

3) information that demonstrates that the foreign national will be performing work described in section 204 or 205 or is a foreign national referred to in section 207; and

4) the offer of employment made in the form provided by the Department.

Employers must submit their offer of employment using the electronic system that CIC provides for submission and pay the fee electronically prior to the submission of a work permit application based on the offer. There will be three parts to this process for the employer.

1) Pay the employer compliance fee using the Pay Your Fees page.

2) Once they have received a receipt number, they must complete the Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) form [IMM 5802];

This form replaces the job offer letter previously required to support LMIA-exempt work permit applications from foreign nationals. The employer must then provide a copy of the completed IMM 5802 form to their foreign worker for inclusion with the work permit application.

TAGS: canada, immigration, LMIA, LMIA Exempt, NAFTA, Work Permit


Changes to Citizenship Applications for Canada in 2017.

The Liberal government of Justin Trudeau has rolled back most of the changes to the Citizenship Act and the Regulations, implemented by the previous Conservative government. Below is a short (and not exhaustive) summary of new Canadian citizenship applications.

Physical presence

You must be physically present in Canada for 3 out of the last 5 years with no minimum number of days per year, before applying for citizenship.

Previously: You had to be physically present in Canada for 4 out of 6 years, with a minimum of 183 days in each of the 4 years, before applying for citizenship.

Days spent in Canada before becoming a permanent resident (as a temporary resident or protected person) within 5 years of applying for citizenship, count as ½ days, up to a maximum of 1 year (365 days).

Previously: The time spent in Canada before becoming a permanent resident did not count towards the physical presence requirement for citizenship.

Language and knowledge

If you are between 18 years old and 54 years old, you must:

  • Meet language (English or French) requirements
  • Take the Citizenship Test

Previously: If you were between 14 and 64 years, you had to meet the language and knowledge requirement for citizenship.

Income tax

Under the new rules, you have to show that you have filed Canadian income taxes (if required to do so under the Income Tax Act) for 3 out of 5 years, matching the new physical presence requirement.

Previously: You had to file Canadian income taxes, if required to do so under the Income Tax Act, for 4 out of 6 years.

All the changes take effect on October 11, 2017. For more information please visit Immigration, Refugees and Citizenship Canada, which is the source of the above information. Allow our Toronto immigration lawyer, Ivan Steele, to assist you with the new Canadian citizenship applications.

 

TAGS: applications, Canadian, citizen, citizenship, immigration


Parent and Grandparent Sponsorship to Canada

The government claims that the backlog in this type of family reunification application has already been reduced by nearly 54 percent, despite no visible decrease in processing times. The central premise of the new program appears to be to shift applicants from PR sponsorship to Parent and Grandparent Super Visa. Keep in mind that all PGP applications received before January 2, 2015, will not be accepted by the CIC. If you sent them out, they will likely be returned to you for re-submission. There will be a rush to submit new applications since maximum of 5,000 new, complete applications will be accepted in 2015.

To be eligible to sponsor a parent or a grandparent, you must meet the following requirements:

  • Be a Canadian citizen or Permanent Resident;
  • Be 18 years of age or older;
  • Exceed the minimum necessary income level for this program by submitting notices of assessment issued by the Canadian Revenue Agency (CRA) in support of their sponsorship. Sponsors must also demonstrate they have met the minimum necessary income level for three consecutive years. If married or in a common-law relationship, the income of both persons can be included;
  • The sponsor must sign an undertaking to repay any provincial social assistance benefits paid to the sponsor and accompanying family member(s), if any, for a period of 20 years, if necessary. If the sponsor resides in Quebec, an additional ‘undertaking’ must be signed.

The CPC-M accepts applications received by mail, from local couriers and major courier services only. CPC-M is not open to the public and no in-person deliveries are accepted.

TAGS: grandparent sponsorship, immigration, Parent sponsorship


Work Permits for PR Applicants

It has been busy at the office, eight open work permits in 2 days under the new pilots for Spouses and Common Law Partners in Canada – not bad. Hoping for many more in the coming weeks.

Citizenship and Immigration Canada has announced on December 22, 2104 a One Year Pilot, which will allow for the Issuance of OPEN WORK PERMITS to spouse or common-law partner in Canada class (SCLPC) EVEN BEFORE before the approval in principle decision is made. Until now, the only way to obtain the open work permit under this class was to wait for the first stage approval, which currently takes almost 15 months on average! This is how the program will work (from the information that is currently available):

1) EXISTING applicants who have already submitted an application for permanent residence under the SCLPC class before Dec. 22, 2014 will likely not have to wait for the first stage approval. Their work permits could be processed within a matter of weeks (probably February 2015).
2) New Applicants, who submit their open work permit request after December 22, 2014 could see their applications processed within four months.
HOW TO DO IT

If you had not initially included a work permit application with your PR application, you will need to complete an Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker (PDF, KB) (PDF, 452.86 KB) form [IMM 5710], include the appropriate fee, indicating that you are applying for an open work permit, and submit it to the Case Processing Centre in Vegreville, at the following address:
CPC – Vegreville
WP – Unit 777
6212-55 Avenue
Vegreville, AB
T9C 1X6

If an SCLPC applicant has already received approval in principle, they have the option of applying for an open work permit online.
This Pilot also means that the applicants would receive provincial health coverage while awaiting permanent residency. If you need more information or require help with this process, you can find my contact information at

WHO CAN BENEFIT AND WHO CANNOT

Spouses and common-law partners of Canadian citizens and PRs who have who have submitted an application for permanent residence under the spouse or common-law partner in Canada (SCLPC) class are generally eligible to benefit from this new Pilot Project – with one exception, discussed below.

According to the CIC, the immigration officers will issue open work permits to SCLPC applicants if they meet the following requirements:

1) A PR application has been submitted under the SCLPC class;
2) A Canadian citizen or permanent resident spouse has submitted a sponsorship application on their behalf;
3) The SCLPC applicant resides at the same address as the sponsor; and
4) The SCLPC applicant has VALID temporary resident status (as a visitor, student or worker).

I draw your attention to the forth point. If a sponsored spouse is OUT OF STATUS, it seems that they will not be able to benefit from this new provision and will likely have to wait until the first stage processing has been completed to apply / receive their open work permit. This is a little bit of a let down, but the applicants need to manage their expectations.

VALIDITY

These open work permits will be valid for two years or until the date the SCLPC applicant’s passport expires, whichever is earliest. Call us – our spouse sponsorship lawyer can help.

TAGS: canada, CIC, immigration, lawyer, open, permits, sponsorship, Spouse, toronto, visas, work


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