Family Class Sponsorship Applications

Family Class Sponsorship Applications are available to applicants with a relative who is a Canadian citizen or permanent resident of Canada. Family class applicants are not required to meet point system criteria. Instead, they must have a close family member who fulfills all the basic requirements to become a sponsor. To qualify as a sponsor, a person must be either a Canadian citizen or permanent resident of Canada, be 18 years of age or older, live in Canada, and in some instances, must have enough income to support their foreign relatives once they arrive in Canada.

Canadian citizens or permanent residents of Canada can only sponsor:

• Spouses, common-law or conjugal partners 16 years of age or older;
• Parents and grandparents;
• Dependent children, including adopted children;
• Children under whom you intend to adopt;
• Children under guardianship;
• Brothers, sisters, nephews, nieces or grandchildren who are orphans; under the age of 18 and not married or in a common-law relationship; or
• another relative if the sponsor has no one in Canada, no parent, no grandparents and no one who can be sponsored as above (as per R117(1)(h) of the Immigration Refugee Protection Regulations).

Processing times for these cases vary depending on the type of application being filed.  For example, a spousal sponsorship application with ordinary circumstances normally takes six months or less to process to the point of visa issuance.

The Sponsoring of parents on the other hand, is characterized by an excessive amount of time due to inadequate staffing by the Minister of Citizenship and Immigration.  In such cases, four years of processing is not uncommon.

Dependent children are supposed to get the highest priority, and in theory, such cases should be processed well within the six-month timeframe.

Factors leading to delays in processing of spousal applications include a marked difference in age, culture, language abilities, a history of divorce.  Delays in common-law partner applications or conjugal partner applications can be attributed to inadequate proof that the relationship is more than that of close friend.  Delays in other types of family class applications are often attributed to peculiar circumstances such as the need to exercise humanitarian and compassionate discretion, or issues relating to medical or criminal or background checks.

Federal Skilled Worker Applications

Each year, the majority of immigrants to Canada apply under the Skilled Worker Program. This program is designed for foreign persons who have the skill, experience, or education that Canada’s labour force needs. Applicants are chosen based on an assessment of their education, ability with the English language, work experience, age, ability to adapt to life in Canada, and special considerations are given if the applicant has arranged employment in Canada. Applicants must apply under at least one of the 29 designated occupations which are in demand in the Canadian labour market, or have an arranged employment opinion (“AEO”) in lieu of possessing experience under one of the designated occupations.  Third party proof of English or French is required when the application is initially submitted to the Canada Immigration Office in Sydney, Nova Scotia.

The 29 occupations currently on the list are as follows:

0631 Restaurant and Food Service Managers
0811 Primary Production Managers (Except Agriculture)
1122 Professional Occupations in Business Services to Management
1233 Insurance Adjusters and Claims Examiners
2121 Biologists and Related Scientists
2151 Architects
3111 Specialist Physicians
3112 General Practitioners and Family Physicians
3113 Dentists
3131 Pharmacists
3142 Physiotherapists
3152 Registered Nurses
3215 Medical Radiation Technologists
3222 Dental Hygienists & Dental Therapists
3233 Licensed Practical Nurses
4151 Psychologists
4152 Social Workers
6241 Chefs
6242 Cooks
7215 Contractors and Supervisors, Carpentry Trades
7216 Contractors and Supervisors, Mechanic Trades
7241 Electricians (Except Industrial & Power System)
7242 Industrial Electricians
7251 Plumbers
7265 Welders & Related Machine Operators
7312 Heavy-Duty Equipment Mechanics
7371 Crane Operators
7372 Drillers & Blasters ­ Surface Mining, Quarrying & Construction
8222 Supervisors, Oil and Gas Drilling and Service

Investors

Investor applicants currently cannot apply under the Federal Investor Program due to a upcoming change in the law.   However, other provinces such as Quebec currently maintain the criteria which includes possessing a net worth of at least $800,000 Canadian dollars, which may include the assets of a spouse.  A person seeking to immigrate as an applicant must make an investment of $400,000 Canadian dollars in approved projects in Canada.  The full amount of the investment (without interest) should be repaid to the investor after five years. The return of the investment is guaranteed by participating provinces and territories. Provinces and territories secure the investment against the loss.  In lieu of giving $400,000.00 as an investor, a would-be Investor has the option to receive a loan from a financial institution in Canada for a certain percentage of the investment.  Thus, the Immigrant Investor may deposit approximately $130,000CAN, and can borrow the remaining amount rather than paying $400,000.00 Canadian dollars.

Humanitarian and Compassionate Applications (Overseas)

Persons overseas who do not comply with any of the above criteria can apply for permanent residence to Canada on the basis of humanitarian and compassionate grounds.  This category also includes persons who have been excluded from being a member of the family class due to the failure of their putative sponsor to declare their existence or have them examined (see s.117(9)(d) of the Immigration Refugee Protection Regulations).

Canada Experience Class (CEC)

This category is open to students who have graduated from select Canadian post secondary institutions which require at least two years of study and one year of recent full time Canadian experience at the NOC O, A, or B level.  this category is also open to temporary workers in Canada who possess a secondary school diploma, or trade certificate or apprenticeship plus two years of Canadian work experience  at the  NOC O, A or B level.

Temporary Entry to Canada

Work Permits

Often, the process of obtaining a work permit begins after an applicant has received an offer of employment in Canada. After the applicant has obtained an offer of employment, the Chaudhary Law Office can help in the temporary work permit application process.

Many people are required to obtain a validation (or labour market opinion) of their job offer from Human Resources and Social Development Canada before a work permit can be issued. The employer must demonstrate to HRSDC that someone such as the applicant is needed to fill the position. Once HRSDC has validated the job offer, the work permit application can be made to a Citizenship and Immigration Canada visa office outside of Canada. Like many other immigration applications, the Canadian immigration authorities (or visa office) will assess the applicant to determine whether she is admissible to Canada before issuing the work permit.

People in Canada seeking to employ a nanny, or a live-in caregiver, also require a labor market opinion.  The ease of obtaining such an opinion depends on the current policy at Human Resources and Social Development Canada.

Other people are exempt from the requirement to obtain a labor market opinion.  For example, intracompany transfers of senior managers or people with specialized knowledge do not require a labor market opinion.  Similarly, entrepreneurs or self-employed applicants seeking to operate a business in Canada who demonstrate a significant benefit to Canada do not need a labor market opinion.

Study Permits

All foreign persons seeking to study at a Canadian school, college, or university must obtain a study permit which allows the applicant to remain in Canada as a temporary resident for the duration of their studies. To quality for a study permit, the applicant first gain admission into a Canadian school and also be able to demonstrate that they have the sufficient funds to pay for their schooling and living expenses in Canada. Canadian immigration authorities may assess whether they believe the applicant will return to their home country upon completion of their studies in Canada.

Temporary Resident Visas (Visitor Visas)

Persons who are not from visitor visa exempt countries, require a temporary resident visa to enter Canada.  Such an application must be supported by evidence that the person seeking entry is established in their own country, for example, by financial and familial ties. Similarly, people seeking temporary entry who have a criminal record, may also need a temporary resident permit to enter Canada.

Appeals and Applications for Judicial Review

Appeals and hearings are common in the Canadian immigration process to litigate and decide upon disputes between individuals and the immigration authorities. In cases where an application for a sponsorship, visa or permit, refugee claim, or federal skilled worker is denied or refused or in the case where a deportation or removal from Canada is issued, an appeal or an Application for Judicial Review can be made to reverse the decision of the immigration authorities. An application for judicial review must be filed within 15 days or 60 days of receiving the refusal, depending on whether the decision was made within Canada or outside of Canada respectively.

Citizenship Applications

There are significant additional benefits extended to Canadian citizens over those given to permanent residents of Canada. The Chaudhary Law Office is pleased to provide service in Citizenship applications. Persons who have obtained their permanent residence and have been residing in Canada for three years in a four-year period are eligible for Canadian citizenship. Applicants who have less than three years of residence out of a four year period may still be able to acquire citizenship in certain circumstances.  Applicants are also required to undergo a citizenship test to demonstrate knowledge about Canada, be able to communicate in either English or French. However, persons under the age of 18 do not need to meet these requirements, and these requirements may be waived for people over the age of 60. At the final stage of the process, applicants will be awarded their citizenship card by a Judge at a special ceremony.  There is a right of appeal against a refused citizenship application.  This can be exercised only within 60 days of the date of the refused citizenship decision.

Canadian citizens who are refused an application for the granting of a passport or have their passport revoked, require legal representation before an adjudicator who has the authority to reinstate a person’s ability to apply for a passport.

Removal Order Appeals

When a permanent resident of Canada breaches the terms of their status, for example, by failing to fulfill the terms and conditions as an entrepreneur, or by committing crimes in Canada, or by materially misrepresenting themselves before the immigration Department, they can be ordered to leave the country. In such cases, the person can appeal the decision for deportation to the Immigration Appeal Division of the Immigration and Refugee Board of Canada. The IAD takes all of the circumstances of the case into account when making its decision and can determine that a person can stay in Canada even if they breached the terms of their status or broken the law.

Authorization to Return to Canada

Persons deported from Canada who are seeking reentry to Canada require this application be filed after a positive assessment of any permanent resident application.

Extending Visitor Visa or Student Visa or Work Visa Status While in Canada

People who are temporarily residing in Canada may wish to avail themselves of certain immigration services.  For example, people on visitor visas (or other temporary resident visas) must extend their status as a visitor, by filing an application for an extension to the appropriate in-Canada immigration office. If that extension application is refused, an application to restore status may be available for them (also known as “restoration”).  However, this can only be done within 90 days of the person being informed that their visitor visa application has been refused.

Sponsorship from Within Canada

Similarly, a visitor may apply to be sponsored as a spouse, or common-law partner, from within Canada.  Such an application would obviate the need for the visitor to apply at a Canadian visa office outside of Canada.

Refugee Claims from Within Canada

The government of Canada offers safe haven to refugees in Canada who fear persecution based on race, religion, nationality, political opinion or membership in a particular social group in another country or whose removal from Canada would subject them to threat of torture, a risk to their life or a risk of cruel and unusual treatment or punishment. The Canadian government assesses each claim on its own merits, and according to specific legal criteria such as internal flight alternative, credibility, alternative places of claiming refugee status, and other criteria.

Humanitarian and Compassionate Applications from Within Canada

For people who have, due to circumstances beyond their control, stayed in Canada and beyond the time limit granted to a visitor, an application to obtain permanent residence within Canada may be made on the basis of humanitarian and compassionate grounds.  However, such a person has to show that they would suffer unusual, undeserved, and disproportionate hardship, if their application was not processed within Canada.    Humanitarian and compassionate applications are often assessed alongside a pre removal risk assessment (PRRA).  A PRRA is an opportunity for a person to show that there are risks to life in their country of origin similar to those risks asserted in a refugee claim.  However, the scope of evidence that is considered is narrower than evidence considered in a refugee claim.

Representation before Canada Border Service Agency Officials

People who have failed to maintain status as a visitor, or who have lost their permanent resident status often have to submit to terms and conditions imposed by the Canada border service agency. These terms and conditions (Ts and Cs) are often imposed during a personal meeting with a CBSA official.  Representation at such meetings is highly recommended given the mandate of the Canada Border Service Agency: to enforce removals from Canada.  The failure to comply with such terms and conditions could lead to detention at an immigration facility or a jail in Canada.  Detained persons have the right to a detention review within approximately 48 hours of being detained before the Immigration Division of the Immigration and Refugee Board.  As detention reviews deal with a person’s loss of freedom, and are highly adversarial, representation is essential.

Sundry Cases

In addition to specializing in matters of immigration law such as sponsorship applications, study permits, work permits, federal skilled worker applications, refugee claims, citizenship applications, deportations and removals, appeals and judicial reviews, the Chaudhary Law Office also provides service for provincial nominees, permanent resident card applications, entrepreneurs, and self-employed people, matters of admissibility to Canada (e.g. criminal admissibility or medical admissibility), and all other Canadian visa applications.