If you’re thinking about immigrating to Canada, it is essential that you comprehend the process. Navigating immigration laws can be a time-consuming and complex undertaking without professional assistance from an experienced attorney.
Immigration to Canada can be accomplished through various routes, such as student visas, work permits and visitor visas. With an experienced immigration lawyer on your side, your chances for approval will be much greater.
What is a Visa?
A Visa is an official document that grants you permission to enter a foreign country legally. Typically, it’s stamped into or glued onto your passport and can take many different forms.
Visas are typically only used for travel purposes and allow you to stay in a particular country for an amount of time before being required to depart. However, they do not grant any rights to work or study in that country; you must check with your destination’s embassy or consulate to determine what kind of visa you require.
There are various types of visas, such as working holiday visas, business visas and student visas. Each has a duration and specific activities allowed within it.
To obtain a visa, you must fill out an application and attach other necessary documents. These could include your passport, photo, flight itinerary or hotel booking confirmation and any other relevant information regarding your intended journey.
Additionally, you may have to pay a visa fee which is usually around $80. This fee should be paid directly to the embassy or consulate where you apply for your visa.
When applying for a Canadian Immigration Visa, it’s essential to remember that if your past criminal record or position could pose a security risk, you may be deemed inadmissible and prevented from visiting Canada. This includes serious crimes such as drug trafficking, assault, terrorism and more.
Prior to entering Canada, you must obtain a valid Canadian Employment Permit. Doing so makes the process of gaining Permanent Resident status much simpler.
What is a Permit?
A permit is a document that grants you permission to live and work in Canada. It differs from a visa, which you receive only after having traveled there and been approved for entry.
In Canada, you may require various permits depending on your situation. These may include open permits and employer-specific permits.
Apply for a work permit from within Canada; there are special permit programs for caregivers, business people and agricultural workers. Further details on work permits and extending an existing one can be found on IRCC’s website.
The primary distinction between a work permit and visa is that one permits you to work in Canada, while the other only permits travel there. Each requires its own application process that must be completed accurately and promptly.
Though the government is encouraging citizens to seek help online, many tasks still need the approval of a local permit office and inspectors. For instance, building a deck or adding on another room to your home requires both permits and inspections.
It is essential to remember that if you are a student with dependents, their Visitor Records will be valid for the same duration as your study permit. This means your dependents can stay in Canada up to six months from their date of entry.
If you need assistance with the immigration process or have any queries, contacting an immigration lawyer is your best bet. They can guide you through every step and guarantee all documentation is in order before departing for Canada.
What is a Temporary Resident Permit?
Citizenship and Immigration Canada (CIC) issues Temporary Resident Permits (TRPs) to foreign nationals who are otherwise ineligible for Canada due to criminal or medical inadmissibility. Typically, TRPs are granted for a short duration (usually six months), though they can be extended multiple times up to three years.
TRP applications can be extremely intricate, often requiring 50+ pages of detailed information about every arrest in the past. To be successful, an applicant must show that their visit to Canada is necessary and outweighs any potential harm done to Canadian citizens or society in Canada.
To complete the application process, visitors to Canada must present proof of recent medical records, letters from support providers and an explanation for why they are here. Although a Temporary Resident Permit (TRP) can be granted for an indefinite period of time, officers are more likely to approve an application that ties the temporary stay to an event or purpose.
Therefore, applying for a TRP is usually the best course of action when someone’s situation is as serious as a DUI or other criminal offense. Doing so allows them to submit an effective application with all necessary supporting documentation and the help of an experienced Canadian TRP lawyer who understands how complex preparing such an effective application can be.
Drug distribution felony convictions may make applying for Criminal Rehabilitation or Deemed Rehabilitation more challenging, increasing the processing fee required by IRCC. Although some people opt to circumvent Canadian borders in order to save on costs, this isn’t always feasible.
What is a Permanent Resident Permit?
If you have been in Canada for five or more years, you may qualify to apply for a Permanent Resident Permit. This document verifies your status as a Legal Permanent Resident and grants you permission to travel abroad without needing to obtain a visa.
A permanent resident permit, commonly referred to as a green card, is an essential component of the immigration process in many countries. It’s essential for those with permanent residency status to carry their card at all times and show it to any immigration officer upon request.
Contrary to a temporary resident permit, which is only valid for a certain amount of time, a permanent resident permit can be extended or renewed indefinitely. Therefore, it’s essential that you apply for this type of permit as soon as you meet the criteria so that you can take advantage of your new status.
Another advantage of a permanent residence permit is that it usually grants access to various benefits, such as visa-free travel in other Schengen countries for up to 90 days every six months if you are an EU citizen. This convenience may not be available otherwise.
Furthermore, permanent residents often enjoy unrestricted employment rights in any non-governmental position for which they qualify. This could include jobs within government or private companies as well as non-profit organizations, schools, hospitals and other medical facilities.
In many countries, such as Germany, permanent resident permits are issued as photo ID cards that adhere to an EU design standard. Previously, people with permanent resident permits were typically provided stickers that could be attached to their passports.
What is a Citizenship Application?
A citizenship application is a form that must be filled out and sent to US Citizenship and Immigration Services (USCIS) as the initial step in naturalization.
The USCIS will review your immigration history and assess if you meet all requirements to become a citizen. This includes conducting a criminal background check and checking your travel records. If you fail to answer all questions on this form truthfully, USCIS may deny your application.
Once you submit your citizenship application, an appointment to take the naturalization interview and pass the citizenship test will be given to you. Typically, this takes around 14 months from when you file for citizenship; however, exact timing depends on which USCIS field office handles your case.
When attending your citizenship interview and taking the test, make sure you bring all necessary documentation with you. These may include proof of your green card, marriage to a U.S. citizen, children’s birth certificates, and any other important papers.
Additionally, you must pass an English language and civics exam that usually takes place the same day as your interview. If not passed, USCIS may ask you back for another interview and allow you to retake either part or all of the exam.
If your citizenship application has been denied, there are two ways to appeal: file a motion to reopen your case or request an oral hearing with a USCIS officer. These processes can be complex so it’s best to entrust these matters to an experienced immigration attorney for guidance.