Canadian Immigration News

Appealing the decision of Immigration Canada

It is important to realize that any decision made by Immigration Canada, inside Canada, such as refusal to renew permanent resident status, or a removal order against a permanent resident, etc., is not a final decision, and can be appealed.

This also applies when a Canadian Embassy outside Canada, decides not to issue a permanent resident visa such as to a foreign national spouse married to a Canadian, etc., or not to issue a temporary resident visa, such as a visitor visa, etc. can also be appealed, even though on their refusal letter, they state “Final Decision”.

Depending on the type of the decision made, the appeal would be filed with the Immigration and Refugee Board-Immigration Appeal Division, or the Federal Court of Canada.

I hope this article will assist those persons receiving a negative decision, or refusal from Immigration Canada.

Federal Skilled Worker Class/Express Entry system

A foreign national who has at least 12 months work experience, in an occupation recognized by Immigration Canada, can become eligible to apply for permanent resident status to Canada.

The work must be either a managerial position such as a bank manager, a professional such as a doctor, or university professor, or a technical skilled trade, such as a computer technician.

They must have at least 67 points of assessment, in factors, such as education, English or French proficiency.

Immigration Canada also has their own ranking points of assessment, in factors such as foreign work experience, age, Canadian employment offer.

If Immigration Canada invites the foreign national to apply for permanent resident status, such an application can be processed in about 6 months.

Canadian Investor Immigration Programs

Foreign Nationals, who have some business experience, with an above-average net worth, in Canadian dollars, meaning the total value of all their assets, with readily-available monies, to invest in Canada, may qualify, for immigration.

In brief, I am setting out in this article, some of the main business immigration program available.

  1. The province of Quebec- if the foreign national has a minimum net worth of $1,600,000 CAD, 2-year experience of managing or owing a business and an investment of $220,000 CAD, non refundable, they may qualify for Quebec immigration. These monies are used by Quebec government to strengthen its economy.
  2. The province of Quebec has 2 other business immigration programs, provided the foreign national has a net worth between $100,000 CAD to $300,000 CAD, 2 years of business experience, and agrees to open a business there, may also qualify for Quebec immigration.
  3. The Provincial Nominee Immigration program, allows a foreign national to choose a Canadian province, to immigrate into, and provided, he/she, can meet the conditions of that province, of investing monies there, and open a business, having the minimum net worth required, and having some business experience, may also qualify for immigration there.
  4. The province of Ontario, allows immigration there, provided the foreign national can invest as a loan $2,000,000 CAD, for 15 years, a net worth of $10,000,000 CAD, and meet other basic conditions, such as investment or business experience, can immigrate to Ontario. This loan amount, is a non-guaranteed investment, to the government of Ontario, to be invested in Canadian-based start-up business, with high growth potential.

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Sponsorship of family members

immigration to canada consultant

If you are Canadian citizen, or a permanent resident, you can sponsor certain relatives, to immigrate to Canada.

Examples of some relatives are your wife/husband, common-law partner, parents, and other eligible relatives.

As a sponsor, you must be able to support yourself, and your relative, you are sponsoring, although there are exceptions, to this rule, such as sponsoring your spouse.
Also, you must make sure the relative does not ask for financial help from the government of Canada, such as social assistance benefits.

When the sponsored relative is a spouse, the permanent resident visa has 2 years condition allocated to it, i.e. spouse must live with the sponsor for 2 years, upon arriving in Canada. There are some exceptions to this rule.

When the sponsored spouse wants to divorce from the sponsor, marry another foreign national, and sponsor the new spouse, then this sponsored spouse must wait 5 years from arrival before doing this new sponsorship, with the newly married foreign national.

Children accompanying parents to Canada

The definition of a dependent child has changed. The accompanying child must be less than 19 years, and not married, or in common law relationship or

The accompanying child has a physical or mental condition, since before age 19, cannot be self-supporting, and is now over 19 years.

A child, who is a full-time student, before age 19, and continuously in school, past 19 years, is now no longer eligible to immigrate with parents to Canada

Canadian citizen, or permanent resident, sponsoring a wife/husband or common-law partner, to Canada

Prior to May 2014, when the spouse or common-law partner immigrates to Canada, due to being sponsored by Canadian spouse, they became a permanent resident without conditions attached.

The rules for sponsoring a wife/husband or common-law partner have changed.
The immigrating spouse or common-law partner must now live with his/her sponsoring spouse, for a 2-year period, in Canada, if not, they can be removed, and they must return to their country of nationality.

This change in immigration law is an attempt to prevent marriage fraud, where the marriage is not genuine, and upon arriving in Canada, the couple separate from each other.

Exceptions to this 2-year rule, are when the sponsor dies, during the 2 year living together period, or where the immigrating spouse suffers abuse, or neglect by their sponsor, or where there are children in common at the time of filing the sponsorship application, or the parties have been married, or in common-law, for more than 2 years, also at time of filing the sponsorship application.

Sponsoring parents and grandparents to Canada

Immigration Canada is now allowing Canadian adult children, to sponsor their parents or grandparents, and for 2014, will process 5000 applications. The sponsorship program starts again in 2015.

There are two changes to sponsoring parents and grandparents to Canada:

  1. Minimum necessary income of the adult children, to be able to sponsor, has increased by 30%, to ensure that the sponsoring child can properly provide for their parents/ grandparents, which would reduce the net cost to Canadian taxpayers
  2. The time period to financially provide for parents and grandparents has been increased to 20 years, from 10 years.

    These 2 changes, now in effect, will ensure that sponsors assume more financial responsibility for parents/grandparents, over a longer period of time.

Self-employed Immigration Program

self-employed businesses mmigrate to canada

Canadian Immigration laws provide for a foreign national, who works in a cultural activity, or is an athlete, or an experienced farmer, can apply to immigrate to Canada.

The person needs to attain 35 points of assessment, based on such factors as age, education level, English or French language knowledge, experience in their work, noted above.

As regards their work, they need at least 2 years of self-employment, they are known internationally, or they perform at the highest level, in their discipline, in cultural activity, or as an athlete, or sports coach.

Another criteria, is to be able to make a significant contribution to the economy of Canada in their field of work, if allowed to immigrate to Canada.

Also, these applicants must bring with them sufficient monies to support themselves, for at least 1 year after immigrating.

Some examples of cultural activities, acceptable to immigration Canada are: film maker, free-lance journalist, writer, artist, musician, choreographer, and painter.

These types of foreign nationals are an important group of persons, who can help Canada grow its economy, assist in employing Canadians, as well as contribute to the growth of Canada, in farming, athletics, and cultural activities.

Read more about Self-employed Businesses immigrating to Canada.

Joel Tencer, Canadian Immigration Consultant

JOEL E. TENCER
B.A. LL.B. RCIC
Tel: (416) 850-9851
Fax: (416) 850-8302
joeletencer@gmail.com
ICCRC Membership #: R420343
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1018 Finch Avenue West, Suite 223,
Toronto, Ontario, M3J 3L5 Canada

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