Magon Legal Services & Immigration Professional
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CANADIAN IMMIGRATION!
CANADIAN IMMIGRATION!
This video is the intellectual property of the College
On this page, you will learn more about:
- VISITORS VISAS - visiting Canada and some frequently asked questions;
- STUDY PERMITS - study permits frequently asked questions;
- WORK VISA PERMITS - work in Canada, if you're not a Canadian citizen or permanent resident;
- ECONOMIC CLASSES - how foreign nationals are selected as members of the economic class;
- FAMILY CLASS SPONSORSHIP - family reunification and who can sponsor, and;
- MANY MORE...
Lots of information in one spot to help you with the knowledge on how Canadian
immigration works and to assist you in navigating the process.
VISITOR VISAS
CANADA VISITOR VISA FREQUENTLY ASKED QUESTIONS
What is a Canadian Visitor Visa?
Temporary Resident Permit (TRP) often referred to as a Visitor Visa, in an official document issued by any Canadian consulate abroad that is fixed/placed in the owner's passport to show that you have initially met the requirements needed for admission to Canada as a temporary resident (i.e., as a visitor, student, or a worker)
How long can you stay as a Visitor in Canada?
The majority of temporary residents with visiting visas are allowed a six-month stay from the day there are granted entry into Canada. Border officials can authorize a stay of less than six (6) months; if that is the case, they will specify in your passport the date by which you must leave Canada. If you want to stay longer than your official stay, you must apply for an extension at least 30 days before the approved end of your visit.
Are you qualified to apply for Visitor Visa?
If you are not Canadian citizens or permanent residents, or other authorized temporary residents of Canada, you can apply for a visitor visa to legally be permitted to enter Canada in other to:
- visit Canada on holiday (vacation),
- conduct business, etc.
- medical (at the visitor's expense)
- visit family members
Visitors to Canada faced several restrictions in duration of stay and were subject to various immigration conditions like not being allowed to work in Canada and or using the public fund.
Type of Temporary Visas:
- Visit / Tourism
- Business
- Study
- Work
- Temporary Resident
Do I need a visa to visit Canada?
If you're not from any of the following countries, you will need a visa to visit Canada:
Andorra Australia Austria Bahamas Barbados Belgium Brunei
Chile Croatia Cyprus Czechia Denmark Estonia Finland
France Germany Greece Hong Kong Hungary Iceland Ireland
Israel Italy Japan Korea (DPR) Korea Latvia Liechtenstein
Lithuania Luxembourg Malta Mexico Monaco Netherlands NewZealand
P.New Guinea Poland Portugal St Kitts & Nevis St Vincent Samoa San Marino
Singapore Slovakia Slovenia Solomons Islands Spain Sweden Switzerland
Can I return to Canada multiple times before my Visa expires?
Visitor visas have different "features." Some are single-entry visas, which means that they are for single entry to Canada ONLY. If you leave Canada and wish to return, you cannot return with the same Visa, and you may have to apply for another visa unless you are travelling to the United States or St. Pierre and Miquelon. In some cases, some visas are multiple entries, which allow people to leave and return to Canada during the validity of their visas.
Can I extend my stay in Canada as a visitor?
If you are in Canada on a visitor visa and wish to extend your stay in Canada, you need to apply for a visitor record. A visa record is not a visa. A visitor record is a document that gives you status as a visitor in Canada and allows you to stay longer and includes a new expiry date - that's the latest date that you must leave Canada.
If you want to stay in Canada for more than six months, you must tell the border officer at the POE (Point of Entry). A visitor record is issued either by the Canada Border Services Agency or Immigration, Refugees and Citizenship Canada officials. You must apply at least 30 days before your authorized stay in Canada expires if you didn't apply when you first arrive at the point of entry. A new and independent document called Visitor Record will be issued if you're approved. It will include an expiry date for the duration of your stay in Canada.
Below is a sample of the Visitor Record and you may fill out the form to start your visitor extension application.
One of our immigration consultants will get in touch with you within 48 hours to discuss and access your situation with you and schedule an appointment if necessary.
A visitor record, if approved, gives you a visitor status in Canada and how long you can stay. It doesn't guarantee that you can leave and then re-enter Canada. If you plan to travel outside Canada, you must meet further entry requirements to return to Canada.
Do I need a Canadian visa if I have a U.S. visa?
Yes, most visitors to Canada need a visitor visa or an eTA (Electronic Travel Authorization) to travel to or transit through Canada. Whether you need a visa or eTA depends on the type of passport you're using; the country that issued the passport or travel document; your nationality; and your travelling mode to Canada.
What are the processing times for TRV?
No one can give any guarantees of how long it will take the Canadian government officials to process TRV applications, but it's recommended that applicants should apply at least eight to ten weeks in advance of their planned departure to Canada to avoid disappointment. It can be done much quicker with the guidance of a specialized immigration consultant. One or more of the following reasons could delay the processing of your application:
- incomplete applications
- background or security checks
- criminal record
- if an interview is required
- if a medical examination is required
- times it takes for confirmation of documents
Can I re-apply again if my first application was refused?
You shouldn't re-apply if your recent application was refused unless there is a significant change in your circumstance. If your application was denied, applying again with the same information, even with an immigration consultant or a lawyer cannot give you a possible chance of success in your new application. Therefore, don't waste your money. Your application may be refused if the Canadian official has reason to believe that:
- you will not depart Canada at the end of your authorized stay
- you have insufficient funds for the visit
- you're inadmissible to Canada.
Contact us, and one of our immigration consultants will assist you with a proper assessment before re-applying again.
This is a free service.
STUDY PERMITS
Every year, nearly five hundred thousand (500,000) students come to Canada for their higher education. To do that, they must apply and obtain a study permit issued by the Immigration Refugee and Citizenship Canada (IRCC). This permit, which is one of the types of Temporary Resident Visa (TRV), allows approved students to study in Canada for a temporary period. The Visa typically indicates the educational institution they are attending and the course of study. To qualify, an applicant must satisfy some set of requirements.
The first step in getting a Study Permit
To apply for a study permit, each applicant needs an acceptance letter from a designated learning institution (DLI). A designated learning institution is a school approved by a provincial or territorial government in Canada to host international students. Once accepted, and obtained a proper admission letter from the institution, you may proceed to apply for a study permit. Along with the application itself, you will be obligated to submit specific documentation, as well as meet other requirements set by the IRCC through applicable legislation.
Study Permits are temporary resident visas (TRV), and so when you are entering Canada, you will be required to show an officer (CBSA) at the border that you came to Canada to study only and for a temporary period.
Applying for a Successful Outcome
When applying for a study permit, it is vital to consider all the reasons an officer will take into account when qualifying your eligibility. Apart from being accepted into a university or a college in Canada, it's essential that you can prove to the visa officer that you or your sponsor have sufficient funds to cover tuition, as well as established ties to your home country that indicate you will return home after completing your study.
To guarantee a better chance of success with your study permit visa application, we strongly recommend that you consult with us or other immigration consultants before submitting your application because we know the pitfalls, and denial can be painful.
Canadian Study Permit Requirement
To qualify for a study permit, an applicant must:
- Have a letter of acceptance from an educational institution
- Satisfy an officer that you will leave Canada at the end of your studies
- Prove that you or any relative sponsoring you have money for the duration of your stay in Canada to pay for tuition fees and living expenses, including any accompanying family members if applicable.
- No record of criminality and you will be law-abiding
- Be in good health (may be required to complete medical examination)
- Not be a risk to the security of Canada
Please Note: There may be a need for specific documentation depending on the region and continent you're applying from. Or you may need to produce any particular documents requested by the officer to determine your acceptability.
If your Study Permit was refused.
An applicant may be refused for several reasons. Chiefly among them are that he or she may lack proof of sufficient funds or proof that they will stay for only a temporary basis. If this happens, it is essential to take a closer look at the application to understand what went wrong. This could be done by examining the refusal letter from the visa officer critically to determine the reasons given for the refusal. From here, an individual may be able to re-apply and often have success the second time around if all issues are addressed successfully.
Most often, you will need an expert to help you achieve this outcome.
Start your consultation today.
Pathway to Permanent Residency after Study.
Many international students who come to Canada to study finish their studies with the expectations of obtaining work and remaining in Canada permanently. Many have succeeded in doing just that. In some specific Express Entry programs offered by IRCC, successful students may be qualified for permanent residence without any work experience. Most often, students may apply for work and then a work permit to stay temporarily. After having obtained academic and work experience in Canada, they may have more potential to apply for Canadian permanent residency.
Study Permits Frequently Asked Question:
What is a Study Permit?
A study permit is a document (TRV) issued by the Canadian government that allows foreign nationals to study at Designated Learning Institutions (DLI) in Canada. Almost all foreign nationals will need a study permit to study in Canada. A study permit is not a visa. It doesn't allow you to enter Canada. You may also need a visitor visa or an electronic travel authorization (eTA). If a visa officer approves your study permit, they will issue a TRV to you with your study permit. This study permit is often issued at the border during entry.
How long can I stay in Canada with a study permit?
A study permit is usually valid for the length of the study program, plus an extra three (3) months. The three (3) months allow the student who had completed his or her studies to prepare to leave Canada or apply to extend their stay.
Can I go back home while studying?
Yes, you can. If you leave Canada during your studies, you may be required to show proof you're enrolled in your school when you return to Canada. If you have a visitor visa or an electronic travel authorization (eTA), it must still be valid when you return to Canada.
Can I work while on Study Permit?
Yes, but only under limited circumstances when:
- if your work is on-campus;
- as an international student, you're a recipient of a scholarship;
- the work is determined as being an integral part of the program of study;
- the work consists of academic research or a post-doctoral fellowship; and
- the work takes place after graduation in a field related to your program of study.
Spouses of international students are eligible to work temporarily in Canada. There may be other ways to work while on a study permit, depending on where you study in Canada.
Why Hire Us to Help with Your Study Permits?
Each year, nearly 500,000 international students choose Canada as their study destination. Why study in Canada as an international student? The reasons are as plentiful as Canada's vast open spaces, as diverse as our people, and as abundant as the opportunities available to those who live, work and study here. You will enjoy all the same freedoms that protect all Canadians – respect for human rights, equality and a stable, peaceful society.
When you study in Canada, you invest in your future and the future of your family. After all, a Canadian education opens doors to employment and business opportunities, and life in Canada after studies. Canadian university degrees and college diplomas enjoyed worldwide recognition, yet tuition fees are among the lowest in advanced countries.
If you want to secure your best likelihood of getting approval on your student permit application, then we recommend you consult with us. We will work with you in a personalized manner to increase, substantially, your chances of getting approved to enter Canada on a study permit as a student.
WORK PERMITS
To work in Canada, if you're not a Canadian citizen or permanent resident, or in the exemption categories, you will need a work permit to work in Canada. There are two types of work permits employer-specific work permits and open work permits.
Employer- Specific Permit
An employer-specific work permit lets you work in Canada according to the conditions on your work permit, such as:
- the name of the specific employer you can work with
- how long you can work
- the location where you can work (maybe applicable)
Before you submit your application for an employer-specific work permit, the employer who wants to hire you must complete specific steps and give you either a copy of a Labour Market Impact Assessment (LMIA) or its number, and an offer of employment to include in your application for Work Permit.
Open Work Permit
An open work permit lets you work for any employer in Canada, except for one that is sanctioned and:
- is listed as ineligible on the list of employers who have failed to comply with the conditions or
- regularly offers striptease, erotic dance, escort services or erotic massages
- You can only get an open work permit in specific situations or circumstances.
Work Permit Requirements for All Applicants
There are specific requirements applicants must meet, depending on where they apply for the work permit. Foreign nationals applying outside Canada may have to meet visa office requirements that are specific to the country or territory they're applying from. But regardless of where you apply or which type of work permit you apply for, all applicants must:
- prove to an officer that you will leave Canada when your work permit expires [this is usually the most contested)
- show that you have enough money to take care of yourself and your family members during your stay in Canada and to return home
- obey the law and have no record of criminal activity (we may ask you to give us a police clearance certificate),
- not be a danger to Canada's security
- be in good health and have a medical exam, if needed
- not plan to work for an employer listed with the status "ineligible" on the list of employers who failed to comply with the conditions
- not expect to work for an employer who, regularly, offers striptease, erotic dance, escort services or erotic massages, and
- give the officer any other documents they ask for to prove you can enter the country.
Because the work permit process is tedious and may be complicated, we recommend consultations with immigration professionals for this process. We're here to help. Contact us today!
ECONOMIC CLASSES
Canadian immigration laws provide that the legal basis for selecting foreign nationals as members of the economic class is their ability to become economically established in Canada. Foreign nationals who acquire permanent residence under an economic stream have traditionally contributed to the Canadian economy by filling shortages in the labour market with skills, knowledge, expertise, and other assets.
Requirements (General) for the Economic Classes.
The economic immigration classes are divided into two separate processing routes:
Express Entry.
A foreign national must apply through the Express Entry (E.E.) online process, be invited to apply for permanent resident status, and then submit an application to meet one of the following programs:
a. Canadian Experience Class;
b. Federal Skilled Worker Program;
c. Federal Skilled Trades Program; or
d. Provincial Nominee Program (approved programs in selected provinces/territories only).
Apply directly to the immigration program.
Foreign nationals who meet the criteria for the immigration category (noted below) can apply directly to one of the following programs for consideration for permanent resident status:
- Provincial Nominee Program;
- Quebec Economic Classes;
- Self Employed Persons Program; or
- Start-Up Visa Program.
Immigration processing via E.E. requires the foreign national to first go through the E.E. process and then meet the requirements of the underlying immigration category.
To be processed under any immigration category, the applicant must meet the eligibility criteria (the specific requirements of the particular immigration category) and ensure that she is admissible (that is, that there are no issues surrounding security, medical, and so on).
All family members, accompanying or not, must also meet the necessary admissibility criteria, or the application will be declined. To qualify under one of Canada's economic immigration processing streams, a foreign national must have a basic understanding of the system and the general requirements.
National Occupational Classification (NOC)
Applicants who are seeking permanent resident status in Canada must become familiar with the National Occupational Classification (NOC) 2016 system. The new NOC codes for 2022 include a new classification for each occupation's TEER category, which refers to the degree of Training, Education, Experience, and Responsibilities (TEER).
The NOC is a government resource that outlines every job found in Canada's labour market and provides detailed information about the educational credentials, training, and job duties for each of the occupations. Employers use the NOC in making job offers to foreign nationals, by applicants in assessing their work experience to submit an application, by Service Canada officers for evaluating labour market impact assessments (LMIAs), and by IRCC officers in reviewing immigration applications.
Applying under Economic Class via Express Entry is complex and could be daunting, but the good news is that it's the largest source of Canadian permanent immigration every year!
Check the statistic below:
We are here to help you take advantage of the opportunities offered by the economic program!
Allow us to help you immigrate to Canada today!
NOC Code Matrix
The NOC is organized as a matrix to show the relationship between skill types and levels. Every occupation in the NOC has a four-digit code that indicates the skill type and level. The first digit of a NOC code entitles the skill type. Skill type refers to the kind of work performed and the field of training or experience generally required for entry into the occupation, including the educational area of study and employment. The skill type is intended to identify employment sectors based on the ten broad occupational areas, numbered from "0" through "9."
The ten skill types that represent the first digit of a NOC code are as follows:
Source: ESDC
Categories Eligible for Express Entry Pool
Express Entry is an electronic application management system. It was introduced on January 1, 2015, and substitutes the former "first come, first served" system of application processing for permanent residence applications in the following programs:
- FSWP—the selection is based on the applicant's ability to settle in Canada and contribute to the Canadian economy;
- CEC—this is a pathway for temporary residents with authorization to work to transition to permanent residence;
- PNP—only certain PNPs are permitted to use the E.E. process to select applicants to fill their regional labour shortages; and
- FSTP—the selection is based on the applicant's qualification in a skilled trade.
Simply put, for a foreign national to be assessed under the FSWP, the FSTP, CEC, or eligible PNP, the person must first pass through the E.E. process.
The E.E. process requires foreign nationals to create an online profile based on the applicant's (and spouse' s/common-law partner's) age, language ability, education, and Canadian and foreign work experience. Points are allotted for each of these categories, known as the Comprehensive Ranking System (CRS) score. Candidates compete with one another through the CRS because it is used to rank candidates "with [point] scores that reflect their human capital and ability to succeed in the Canadian economy."
Points are awarded under the CRS, to a maximum of 1,200 points, based on Core human capital factors, Spouse or common-law partner factors, Skills transferability factors, and other additional factors. Once your profile is "active," you have become a potential candidate, and your application sits in a virtual "pool," waiting for an "invitation to apply" (ITA) for one of the processing streams. Once you receive ITA, you are required to either apply for Canadian permanent residence or decline the offer.
Business Class
There are various Business Immigration Programs that fall within the scope of the economic classes, as applicants are selected primarily based on their business insight and ability to contribute to the Canadian economy. Canada welcomes competent business individuals who are seeking new opportunities and challenges. The Business Immigration Program is designed to inspire and facilitate the admission of these individuals.
Both the federal and provincial/territorial governments welcome business immigrants and offer services to help immigrants start a business and settle in Canada.
Application
Requirements for applying to these programs vary depending on the category. Qualifying applicants for the Business Immigration Programs do not apply through Express Entry. Application Forms for each type of business immigration consist of a guide, generic application forms, forms specific to the immigration program, and other instructions.
IRCC officers will examine the application forms and supporting documents to ensure that the applicant meets the statutory requirements and selection criteria. For instance, they will scrutinize business and financial background, evaluate the reliability of business plans in Canada, and ensure that the applicant's wealth was not obtained illegally.
Settlement Funds
Business immigrant applicants must show that they have sufficient funds to support themselves and their family members for at least 12 months (one year) after arriving in Canada because they will not receive any financial support from the Canadian government. Generally, the net worth requirements ensure that applicants will be able to support themselves and their families.
The business class programs are a long and complicated process, and they involved several regulatory requirements that must be met. Therefore, you might need a professional to assist you through this process. Give us a call today or click below for a quick free initial assessment.
FAMILY SPONSORSHIPS
The family class category of the Canadian immigration program facilitates family reunification by allowing Canadian citizens and permanent residents to sponsor specified categories of family members.
The Family Class Program Allows The Following:
- A modern definition of "family" that includes common law, conjugal, and same-sex partners;
- The ability to sponsor a relative upon attaining the age of 18;
- A definition of "dependent child" that includes children under 22 years of age;
- A sponsorship stream for parents and grandparents that requires a consecutive three-year pattern of elevated financial stability for the sponsor;
- A provision for adoption, in keeping with the principle of the "best interests of the child," that leads directly to citizenship for the adoptee if one of the adopting parents is a Canadian citizen;
- The length of a sponsorship undertaking, which ranges from 3 to 20 years, depending on the relationship to the sponsor;
- An exemption for spouses and dependent children under 22 from one of the medical grounds of inadmissibility (precisely, grounds related to a physical or mental condition placing excessive demand on health and social services); and
- No appeal right if a family member is found inadmissible for reasons of security, human or international rights violations, serious criminality, or organized criminality and, in some cases, misrepresentation.
Talk to one of our professionals today to help you unite with your family without undue delay.
Those Who Can Be Sponsored
One of the Canadian Immigration laws' objectives is to facilitate family reunification. Under the family class program, the selection of permanent resident applicants is based on their relationship to their sponsor, who must be either a Canadian citizen or a Canadian permanent resident. The list of persons who may be sponsored may include the following:
- Spouses, common-law partners, and conjugal partners;
- Dependent children (both biological and adopted);
- Children intended for adoption in Canada;
- Parents and grandparents;
- Brothers, sisters, nephews, nieces, or grandchildren if they are orphaned, are not a spouse or common-law partner, and are under 18; and
- Any relative if the sponsor is in Canada without family members and has none of the above family members to sponsor.
Any dependent family members of the above-named principal applicants may also be included in the application for permanent residence - for instance, a spouse, common-law partner, or dependent child of a sponsored parent/grandparent, or dependent children of the sponsor's dependent child.
