Permanent Resident Lawyers Explain Canada’s Pre-Approval System for Visa-Exempt Visitors
The Citizenship and Immigration Canada Program will go into Effect March 15, 2016
Citizenship and Immigration Canada has recently announced their intention to introduce electronic travel authorization (eTA) for individuals who are currently exempt from obtaining a temporary resident visa (TRV) before entering Canada. Individuals wishing to come to Canada on a temporary basis will be able to apply for this authorization as of August 2015, and the system is scheduled to officially go into effect on March 15, 2016, after which this authorization will be required for all visa-exempt travel into the country.
The system will mirror the Electronic System for Travel Authorization (ESTA), which is currently in use by the United States of America. Permanent resident lawyers note that this will ensure that a common approach to screening travelers is used in both North American countries.
Before these individuals make plans to travel to Canada, the goal is to have them apply online for an eTA. If their application is approved by Citizenship and Immigration Canada, they will be notified through the electronic processing system within minutes. If they are deemed inadmissible to Canada, they will be notified that their eTA application has been denied. Permanent resident lawyers explain that common reasons for refusal include membership in terrorist organizations or organized crime, participation in war crimes or crimes against humanity, espionage, international human rights violations, or anything that may endanger public health, such as tuberculosis, for example.
According to Citizenship and Immigration Canada, the number of visa-exempt foreign nationals traveling to Canada on a temporary basis each year is consistently larger than the number of travelers requiring a visa. Permanent resident lawyers explain that these travelers seeking entry into the country are not currently screened for admissibility until they arrive at a Canadian port of entry. Once they have arrived, if they are deemed inadmissible for entry, it results in significant expenses, delays, and inconveniences, not only for these individuals, but for other travelers, the airlines and the Canadian government.
A fee of seven Canadian dollars will be charged for the processing of these applications, and the authorization will be valid for 5 years after it has been issued, unless the applicant’s passport expires, the electronic travel authorization is cancelled or a new travel document is issued. In these cases the authorization will be invalidated before the 5 years are complete.
A number of exemptions from the requirement to obtain this travel authorization will be in place. Be sure to speak with a permanent resident lawyer to determine whether any of these exemptions apply to you, and whether your nationality requires you to obtain a temporary resident visa before traveling to Canada.
Refugee Law Office Achieves Justice for Canadian Children
The Immigration and Refugee Board Must Consider the Impact of Its Decisions on Canadian-Born Children
The Federal Court recently decided that the Immigration and Refugee Board (‘IRB’) must consider the impact of a negative refugee decision on children born in Canada, and take into account all the personal circumstances of the claimant, along with current country conditions at the time of the refugee hearing.
In this case, two Libyan parents claimed refugee protection in Canada on the basis that the male applicant faced persecution from assailants in his home town. Since arriving in Canada, they had a child. Although the IRB found that their fear of persecution was credible and well-founded, it ultimately rejected the refugee claim on the basis that the Applicants had an Internal flight Alternative (‘IFA’) in Tripoli, an area to which they could reasonably be expected to relocate. The Applicants sought help from a refugee lawyer and refugee law office to appeal the decision.
Refugee lawyers in Canada have long argued that personal circumstances of a claimant must be considered in deciding whether and IFA is reasonable and viable. Part of those personal circumstances is obviously the fact that one has a child who has to relocate with the family. Similarly, Canadian refugee lawyers have argued that a person’s psychological vulnerabilities and conditions must be considered in rendering a decision on the basis of IFA.
Gerami Law PC, a refugee law office, filed a judicial review application on behalf of the Applicants, arguing that the IRB had erred in assessing their IFA by failing to assess the dangerous conditions in Tripoli and the negative effects of relocating there on their Canadian born child. The Federal Court agreed with the Applicants, finding that, although they would not face persecution in Tripoli, the IRB failed to assess the security conditions in Libya, and the viability of safely relocating to Tripoli.
Significantly, the Court also found that the IRB had erred by failing to assess the impact of relocating to Tripoli on their minor Canadian child. The Refugee Protection Division knew that the minor child existed and should have considered her in assessing whether the IFA was reasonable. Thus, refugee lawyers in Canada can now rely on this argument on behalf of their clients, arguing that the unity of families must be factored into refugee determinations in a more meaningful way.
Canadian Immigration Lawyer at Gerami Law Achieves Justice for Congolese Woman
Positive Decision by the Federal Court leads to a Successful Re-determination before the Immigration and Refugee Board
A Congolese woman arrived in Canada in 2010, in an attempt to escape from a forced marriage to a man who was suspected to suffer from AIDS. She had already endured years of physical and emotional abuse at the hands of her first husband and was still suffering the impact of that trauma. Her children were still in hiding from her tribe, being looked after by a close family friend.
The claimant applied for refugee protection upon her arrival to Canada, and was represented by another Canadian immigration lawyer in Ottawa. However, at her refugee hearing, the claimant had great difficulty testifying; she was extremely emotional, unable to concentrate and to recall details. After an abrupt line of questioning, the Refugee Protection Division decided that the claimant was not credible and her story of forced marriage was not plausible. Unfortunately, her refugee claim was rejected.
Ms. Gerami, the woman’s immigration lawyer, argued was then retained to appeal this case before the Federal Court of Canada last summer. The Court rendered a positive decision on the judicial review, on the basis that the Board Member had failed to apply the Gender Guidelines in assessing her evidence at the refugee hearing, and in coming to its conclusions. In other words, the Board was not sensitive to the vulnerable position of the claimant as a traumatized woman, which breached her legitimate expectations and compromised the fairness of the decision.
Last week, Ms. Gerami represented the claimant before the Refugee Protection Division on a redetermination of her refugee hearing. This time, with the benefit of a report from a Clinical Counsellor, a positive decision from the Federal Court, and lots of preparation, the Claimant told story and was effectively questioned and heard by the Board Member, who decided immediately to grant her refugee claim. It was an extremely well- deserved victory for the claimant after more than 4 years of struggle to be granted asylum in Canada.
How an Immigration Lawyer in Canada Can Help You Submit Your QIIP Application
As of August 31, 2015, the Quebec Immigrant Investor Program (QIIP) will reopen and interested investors will have until January 29, 2016 to submit their applications. The QIIP is designed to help those looking to reside in Quebec and apply for Permanent Residence in Canada expedite an immigration visa.
Only 1750 qualified investors will be accepted and, as such, seeking the aid of an immigration lawyer in Canada to help prepare your file and ensure each requirement is met is an integral part of the process. Some principle requirements of the program include:
- Applicants must have at least CAD$1.6 Million (or equivalent) in total net assets. This net worth can combine the assets of a spouse and may include donations and gifts if they are received at least six months prior to submitting the application.
- Applicants must pass a medical, criminal and security background check.
- Applicants must intend to reside in the province of Quebec and invest CAD$800,000 with an authorized financial intermediary (financing options are available).
- Applicants must have at least two years of managerial experience in the five years preceding your application. This experience must have occurred either in a legal business (agricultural, industrial or commercial) within a government or international organization or in a legal professional business (i.e. medical practice, law firm, etc.). Duties within these companies must have encompassed planning, management and control of financial, human or material resources; or the management of five full time employees for two years.
- Applicants who have an intermediate level of spoken French, as proven by a standardized test, are exempt from the program cap and are eligible for priority processing. French-speaking applicants may apply any time before March 31, 2016.
In addition to the requirements above, the visa officer processing your application may request further documentation pertaining to your income. Consulting an immigration lawyer in Canada throughout the application process can help guide you through obtaining any and all additional requests.
The program, which was initiated in 1986 by the Quebec Government, is similar to the Immigrant Investor Venture Capital (IIVC) Pilot Program and presents a win-win situation; Quebec is able to boost their economy by attracting successful business immigrants and accepted applicants are able to receive all the opportunities associated with an immigrant visa.
For more information on the QIIP, contact an immigration lawyer in Canada today. Preparing an application can be a lengthy process and this year only completed applications are to be considered; in order to get your file ready in time it’s imperative to consult an immigration lawyer without delay.
Immigration Lawyers in Canada Can Help Employers Navigate New Changes to Temporary Foreign Worker Program
New changes to Canada’s Temporary Foreign Worker Program (TFWP), as part of the reform package announced last June, officially came into force April 30, 2015. The changes will affect temporary immigration in Canada by placing an emphasis on the updated median wage table, which was based on the 2014 Labour Force Survey results. The updated median wage table will largely affect the wage-stream of future Labour Market Impact Assessment (LMIA) applications. The LMIA, which was also introduced last June, is a part of the approval process required for Canadian employers looking to hire foreign nationals through the TFWP. It replaces the old Labour Market Opinion (LMO), which according to the government, is intended to make immigration in Canada a more comprehensive and rigorous process.
Immigration lawyers in Canada can help employers navigate these TFWP changes, which include a new categorization for employment opportunities. As part of their approval process, the LMIA has implemented a new categorization for applicants, “high-wage” and “low-wage”. These categories will replace the LMO’s previous streams, which classified workers by occupation and skill level.
Canadian employers looking to hire a foreign national must apply for an LMIA with the Employment and Social Development Canada (ESDC). With the new categorizations come new standards that employers must meet. Employers offering wages below the provincial median will need to meet the requirements of the low-wage stream positions. Employers offering wages at or above the provincial median must meet the requirements of the high-wage stream positions. Seeking the aid of immigration lawyers in Canada can help employers ensure they meet the standards of their wage stream. Here are a few key requirements:
Low-wage stream
• There is a 10 percent cap on the number of low-wage temporary foreign workers employers with 10 or more employees can employ.
• Work permits will be limited to a maximum of one year.
• Employers must pay for round-trip transportation.
• Employers must ensure affordable housing is available.
• Employers must pay for private health insurance until workers are eligible for provincial health care.
• Employers must register the temporary foreign worker with the provincial/territorial workplace safety board.
• Employers must provide an employer-employee contract.
High-wage stream
• Employers must be offering a wage higher than the provincial median.
• Employers must submit Transition Plans.
So how will this affect temporary immigration in Canada? Generally speaking, the TFWP is meant to be used as a last resort, only when qualified Canadians are not available. In addition, the new LMIA standards are the ESDC’s way of ensuring a high level of commitment from employers seeking to hire foreign workers. Although the new rules may be intimidating for employers, those who sincerely require a foreign worker can still navigate through this new system. Immigration lawyers in Canada can assist employers leverage these changes to their advantage or introduce employers who have never brought in a foreign worker to the process.
Do you want to learn more about immigration in Canada or enquire about obtaining a work permit for temporary foreign workers? Find out how immigration lawyers in Canada can help.