Category: Canadian Immigration

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Canadian Immigration

Thinking Of Applying For Canadian Citizenship? Make Sure To Review The Eligibility Requirements

The Canadian Parliament Building

One of the primary goals of many foreign nationals who come to Canada is to eventually apply for Canadian citizenship. Citizenship is the final step in acquiring all the rights and privileges of a person who was naturally born in Canada. The rights and privileges afforded with citizenship include the right to vote in Canadian elections, and the right to live and work anywhere in Canada. It is important to understand what is involved in the process to have the best chance of having your citizenship application accepted if becoming a Canadian citizen is your goal.

Time Frame Requirements for a Citizenship Application

In order to become a citizen of Canada, the applicant must be a Canadian permanent resident. Permanent residence status allows the holder of that status to live in Canada indefinitely and afford benefits such as healthcare, while not giving the permanent resident all of the rights of a Canadian citizen. There are a variety of pathways one can take in order to become a Canadian permanent resident, including family sponsorships, the Provincial Nominee Program, and Express Entry.

To become a citizen of Canada, there are time requirements set out by the government before a permanent resident can apply for citizenship. The basic requirement is that the applicant has been present in Canada for 3 of the last 5 years, or more precisely at least 1,095 days out of the 5 years before the application for citizenship is made. If an applicant is someone who leaves Canada often, the Canadian government recommends using a travel journal in order to track your days in and out of Canada. Before applying, the applicant must have been a permanent resident for at least 2 years after becoming a permanent resident. Each day spent in Canada contributes to the 1,095 day requirement.

Further, those who spent time in Canada as a temporary resident can put some of the days spent within Canada toward the time requirement. Everyday spent in Canada as a temporary resident counts as half a day toward the 1,095 day requirement, up to a maximum of 365 days for the citizenship application. This means that citizenship applicants who were once temporary residents can leverage that time toward a citizenship application, provided that it is within the past five years before the application is made. Although the official number of days required for a successful application is 1,095 days, Immigration, Refugees and Citizenship Canada recommends that potential applicants apply with more than 1,095 days in Canada over the 5 year counting period in order to avoid a rejection of the application due to a potential calculation error.

Other Factors Considered for Canadian Citizenship

There are other factors aside from the time requirement that determine whether a Canadian citizenship application will be successful.

Language Requirements

Citizenship applicants between the ages of 18 and 54 must be able to speak one of Canada’s official languages, English, or French at a level where you can speak and listen effectively. English or French language proficiency are evaluated by immigration officials by reviewing the proof sent in with the application, noting how you communicate when you talk to a citizenship official during the process, and assessing language level during a hearing with an immigration official, if necessary. Certificates, diplomas, and tests can be submitted as proof of language skill. Immigration, Refugees and Citizenship Canada dictates that in order to become a citizen, you need to meet the Canadian Language Benchmarks Level 4 or higher, which means that the applicant can take part in short, everyday conversations about common topics, understand simple instructions, questions, and directions, use basic grammar, including simple structures and tenses, and show they know enough common words and phrases to answer questions and express themselves. If you are considering becoming a Canadian citizen, make sure that your English or French skills are sufficient in order to satisfy the citizenship requirements.

Citizenship Test

A citizenship test is required for applicants between the ages of 18 and 54 years. The test covers questions about the rights and responsibilities of Canadians. The test may further include material about Canadian history, geography, economy, government, laws, and symbols. There is also information about the testing conditions that is available in order to help applicants prepare. The test can be taken in English or French, is 30 minutes long, consists of 20 questions, contains multiple-choice and true or false questions, and is usually written but may be oral. Currently, in-person citizenship tests are not being conducted. Rather, the test is taken online. There is an official study guide offered by Immigration, Refugees and Citizenship Canada that is available for free online.

Other Requirements

Applicants must have filed taxes in Canada for at least 3 years during the 5 years before the date of the citizenship application. There are also certain conditions that can render a person ineligible for Canadian citizenship. For example, if you committed a crime in or outside of Canada, you may not be eligible to become a Canadian citizen. Further, time spent serving a term of imprisonment, or while on parole or probation does not count toward the time requirement for citizenship. Currently, the cost for a citizenship application is $630 per adult and $100 per minor applicant. This may be subject to change in the future as the Liberal Party platform in the 2021 Federal Election called for the elimination of the citizenship application fee by 2023. Currently, however, the fee remains.

Garson Immigration Law in Toronto is Here to Help with Citizenship Applications

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law understand how important a citizenship application is to each and every applicant. Our immigration professionals work meticulously to ensure all eligibility requirements are met, and all necessary documents have been secured for your first application in order to avoid delay. If you have any questions about preparing an application, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration Canadian Immigration News

Private Sponsorship of Refugees Helps Bring Those in Need to Canada

Earlier this year, the Afghan government fell, and the Taliban took control of the country. The result of the events in Afghanistan created a large number of refugees. However, Canada was ready for the development and announced a plan to accept 20,000 refugees from Afghanistan who had been impacted by the conflict into Canada. In August, the first of these refugees started arriving in Canada and they have continued to travel to Canada throughout the rest of 2021. As of December 2, 2021, Canada has welcomed around 4,000 Afghan refugees into the country, including 472 NATO-identified locally engaged staff on December 8. Canada will continue to welcome more refugees from Afghanistan throughout the rest of 2021 and 2022.

Privately Sponsored Refugees

Many of the refugees coming to Canada from Afghanistan are now privately sponsored refugees. The privately sponsored refugees from Afghanistan recently began arriving in Canada, with the first group of 250 people arriving on December 2. More privately sponsored refugees from Afghanistan will continue to arrive as Canada is still not close to its goal of welcoming 20,000 Afghans into the country.

The private sponsorship program allows Canadians to play an integral role in welcoming refugees to Canada, by sponsoring them. Sponsors can be groups of Canadians or organizations, including faith groups, ethnocultural associations, or settlement organizations. Private sponsorship of refugees was established in the late 1970s and has since helped welcome around 333,000 refugees to Canada, making it a viable option for bringing refugees to Canada.

How to Privately Sponsor a Refugee

In order to privately sponsor a refugee, there are certain requirements that first must be met. The private sponsor must support a refugee for the entirety of the sponsorship period, which is usually up to one year. The support that the sponsor is required to provide includes start-up costs for items such as furniture and clothing, ongoing monthly costs for basic necessities, including housing, food, and public transportation, as well as social and emotional support for the sponsored refugee.

Canadian citizens and permanent residents cannot sponsor refugees on their own. Instead, a potential private refugee sponsor must be part of an approved group that can sponsor refugees. Sponsorship Agreement Holders sign agreements directly with the Government of Canada to help support refugees when they arrive in Canada. Constituent Groups work with Sponsorship Agreement Holders to sponsor refugees. Groups of five or more Canadian citizens or permanent residents who sponsor refugees to settle in their communities are Community Sponsors.

Deciding on a Refugee to Sponsor

If you are part of a group that can sponsor refugees, your group must then decide how to sponsor a refugee and potentially which refugee you would like to sponsor.

There are some groups of refugees that have been approved to come to Canada by the government. The Blended Visa Office-Referred Program helps groups sponsor refugees that have been determined to be the most in need while lowering the cost of sponsorship. The Blended Visa Office-Referred Program reduces the financial burden on private sponsors, prioritizes the most vulnerable refugees through referral organizations and connects sponsors with refugees that have already been screened and interviewed, making them ready to travel sooner. Up to six months of financial support is offered by the government after the refugees arrive in Canada.

Sponsoring a Refugee with Special Needs

There is also an option to sponsor a refugee who has special needs through the Joint Assistance Sponsorship Program. The requirements to sponsor through this program are more stringent than for the Blended Visa Office-Referral Program. Only Sponsorship Agreement Holders and Constituent groups can sponsor through the Joint Assistance Program and sponsors through the program must support the refugee sponsors for up to 24 months. The Government of Canada does provide some financial assistance to those in the program in order to offset some of the 24-month support cost.

Sponsoring a Specific Refugee Family

A third option to privately sponsor a refugee is to sponsor a specific refugee or refugee family. If you choose to sponsor a refugee you know, the Government of Canada indicates that the processing time could be longer than if you sponsor through the Blended Visa Office Referred Program or the Joint Assistance Program. Further, the government will not provide financial assistance for the sponsorship. The process for sponsoring a refugee privately also depends on your type of sponsorship group.

Contact Garson Immigration Law

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are here to help you with any potential application or immigration question you may have. Do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration Canadian Immigration News Study Permits Work Permits

Post-Graduation Work Permit Extension Welcome News for International Students in Canada

The travel restrictions caused by the COVID 19 pandemic have resulted in uncertainties for many people throughout the world and in Canada. One of the groups most heavily impacted by the pandemic era restrictions has been international students, as they were left in a state of limbo when the borders closed. Thankfully, there have been regulations passed since March 2020 that specifically address the concerns that international students have had caused by pandemic travel restrictions. Despite the strain on the immigration system caused by the pandemic, Canada has continued to provide additional ways for international students to come to Canada, such as by expanding the Student Direct Stream earlier this year. 

Now, the Canadian Government provided another update to one of its international student programs, which represents good news for those students who intend to stay in Canada after their education in order to work here in the form of an extension of the online study eligibility period for Post-Graduation Work Permit applicants.

What is the Post-Graduation Work Permit?

The Post-Graduation Work Permit Program is described by the Canadian Government as a program that allows students who have graduated from eligible Canadian designated learning institutions to obtain an open work permit to gain valuable Canadian work experience. Having an open work permit means that the holder of the permit can work for an employer and is not just restricted to one job, which makes the Post-Graduation Work Permit a flexible option for international students.

The Post-Graduation Work Permit provides an avenue for international students to stay in Canada permanently, as experience gained through the Post-Graduation Work Permit Program can help graduates qualify for permanent residence in Canada through the Canadian experience class within Express Entry, and other immigration classes, as certain classes highly value Canadian work experience as part of the selection process. 

Eligibility for the Post-Graduation Work Permit

Eligibility for a Post-Graduation Work Permit is subject to rules set out by the Canadian government. For example, applicants can only receive one Post-Graduation Work Permit in their lifetime. Further, applicants to the program must hold valid temporary status or have left Canada, completed an academic, vocational, or professional training program at an eligible institution in Canada that is at least 8 months in duration leading to a degree, diploma or certificate, have maintained full-time student status in Canada during each academic session of the program or programs of study they have completed and submitted as part of their post-graduation work permit application and applicants must have received a transcript and an official letter from the eligible designated learning institution confirming that they have met the requirements to complete their program of study. Further, Post-Graduation Work Permit eligibility is partly determined by the length of the study period of the applicant, as applicants with more than two years of study experience can receive a permit for up to three years in duration.

The Post Graduation Work Permit may not be available to all students who have graduated from a Canadian school because of the requirement that the graduate has graduated from a designated learning institution that makes you eligible for the Post Graduation Work Permit. If you are thinking of working in Canada after graduation, be sure to check the list of schools that allow you to apply for the permit in order to see if the permit is an option for you. Further, If you have applied for the Post-Graduate Work Permit, you are allowed to work while awaiting a decision on your application if you are or were a holder of a valid study permit at the time of the Post-Graduation Work Permit application, were a full-time student enrolled at a designated learning institution in a post-secondary academic or vocational or professional training program they were authorized to work off-campus without a work permit and did not exceed the allowable hours of work. 

Post-Graduation Work Permit Changes Since March 2020

Part of the eligibility requirements for receiving a Post-Graduation Work Permit is studying in Canada. Studying online at a Canadian designated learning institution while outside of Canada did not meet the eligibility requirements in the past. However, with the onset of the pandemic, many designated learning institutions switched to primarily online study, which would have made international graduates ineligible for a Post-Graduation Work Permit under the rules. Immigration, Refugees and Citizenship Canada recognized the problem with this situation and made it so that online study from outside Canada would count towards the Post Graduation Work Permit eligibility from March 2020 until December 31, 2021. With the December deadline quickly approaching, and the pandemic still ongoing, Immigration, Refugees and Citizenship Canada announced that it would be extending the time in which online study would contribute to Post-Graduation Work Permit eligibility until August 31, 2022. This means that students can study online outside of Canada as part of their degree until August 31, 2022, and have that time contribute toward the eligibility for a Post-Graduation Work Permit. COVID-19 depending, it is possible Immigration, Refugees and Citizenship Canada extends this deadline again, but if you do intend to apply for a Post-Graduation Work Permit it may be time to start thinking ahead to commit to in-person learning at a designated learning institution following the August 31 deadline. 

Contact Garson Immigration Law in Toronto For Custom Immigration Solutions

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. Our immigration lawyers successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19.  If you have any questions about preparing an application or other questions about the Post-Graduation Work Permit Program, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration Express Entry

Bridging Open Work Permit Changes Provide more Options for Immigration Applicants

If you are in Canada under a temporary resident visa as a business visitor or on a work permit and have applied for permanent residence, there is some positive news for you based on changes that were recently made to the Bridging Open Work Permit program. If you are waiting for your application to be processed, the changes to the Bridging Open Work Permit program will allow you to keep working while awaiting an answer from Immigration, Refugees and Citizenship Canada on the status of your application for permanent residence.

What is the Bridging Open Work Permit Program?

The Bridging Open Work Permit program is a program that allows permanent residence applicants to keep working while they are waiting for the results of their permanent resident application. In the wake of the immigration delays caused by the COVID-19 pandemic, the Bridging Open Work Permit may be utilized by more applicants than before in order for them to keep working while their application is being processed. Responding to these delays, Immigration, Refugees and Citizenship Canada made changes to the program that removed the time limit on when a Bridging Open Work Permit could be applied for. Formerly, applicants had to apply within four months of their work permit’s expiry date, but now an application can be made at any point. A further change has made it so those with an expired work permit can now apply for a Bridging Open Work Permit when they previously would not have been allowed to apply. These changes have made it easier for permanent residence applicants to continue working while their application is being processed.

Eligibility Requirements for a Bridging Open Work Permit

There are some eligibility requirements for who can apply for a Bridging Open Work Permit. For example, to be eligible, foreign nationals must currently be in Canada after being authorized to enter as a temporary resident, have valid temporary resident status and authorization to work as the holder of a valid work permit or be eligible to restore their temporary resident status with authorization to work on a work permit. Further, foreign nationals must submit an application for permanent residence as the principal applicant under one of the following classes: Federal Skilled Worker Class, Canadian Experience Class, Federal Skilled Trades Class, Provincial Nominee Program, Agri-Food Pilot and the Quebec Skilled Worker Class. There are differences between applying under these classes, so be sure to be sure which class you want to apply under before you submit your application. For example, if applying after applying for permanent residence as part of a Provincial Nominee Program, applicants are eligible for a Bridging Open Work Permit only if they provided with their application a copy of the nomination letter issued by the nominating province or territory that indicates their employment is unrestricted and selected “Open Work Permit” on their application form. Finally, prior to applying for a Bridging Open Work Permit applicants must complete a stage of the application for permanent residence depending on the class of permanent residence they are applying under. For most classes, this means completing the electronic application for permanent residence.

Applicants for the Bridging Open Work Permit must provide a completed Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker form. On the form, the Applicant must respond “Open Work Permit” as the response to the question “What type of work permit are you applying for” in order to meet the eligibility requirements. There also must be payment of the work permit processing fee and the open work permit holder fee as well as proof of the meeting the application for permanent residence stage as required based on their corresponding permanent residence application.

There are certain foreign nationals who are not eligible to qualify for a Bridging Open Work Permit. Foreign nationals in Canada under section 186 who are exempt from the work permit requirement are not eligible under the program. Further, foreign nationals who apply for a Bridge Open Work Permit at a port of entry or visa officer are not eligible because they have not been authorized to enter Canada yet.

Eligibility for Spouse or Common-Law Partner and Dependents of Principal Applicant

If you applied for permanent residence and a Bridging Open Work Permit, there are further rules for if you want your spouse, common-law partner, or dependants to be able to work in Canada. Spouses and common-law partners have to provide additional documentation while the principal applicant is on a Bridging Open Work Permit in order to be permitted to work. There is no requirement that the spouse or common-law partner be in Canada in order to apply, and the Bridging Open Work Permit must be valid for a minimum of six months in order to apply to work. Dependent children are not eligible for open work permits, they must obtain a Labour Market Impact Assessment in order to work, even while the principal applicant has a Bridging Open Work Permit.

If you Think a Bridging Open Work Permit May Be Right For You, Garson Immigration Law Can Help

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. Our immigration lawyers are here to help you with any of your application needs. Do not hesitate to reach out to us online or by calling us at 416-321-2860.