Category: Sponsorship

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Sponsorship

New Permanent Residence Pathway Announced in Response to Sudan Conflict

Parliament Hill Ottawa representing immigration for Sudanese permanent residence pathway

Canada has done a respectable job of living up to its well-deserved international reputation as a country that is committed to accepting and welcoming people in need of help from all over the world.

Canada has also continued to respond to conflicts around the world through implementation of various immigration measures specifically designed to aid those residing in high-conflict areas. In the last few years, Canada has instituted temporary policies and special immigration measures for people fleeing from Afghanistan, Sudan, Ukraine, Turkey, Syria, and other conflicts. The support of the Government of Canada, through timely and responsive immigration measures, has allowed people to escape crisis and live in Canada.

Background on the Conflict in Sudan

Sudan has endured numerous violent civil wars, insurgencies, coups, and has a long standing history of conflict. In 2011, Sudan split into two distinct nations, Sudan and South Sudan, following a referendum that took place in Southern Sudan. The instability and living conditions in Sudan boiled over in April 2023 and resulted in another serious conflict. The current conflict in Sudan is a civil war between different factions of the Government of Sudan, with the Sudanese Armed Forces fighting against the paramilitary Rapid Support Forces.

The current conflict has had tragic humanitarian consequences for the population of Sudan. Since the conflict began in April 2023, it is estimated that the conflict has caused more than 10 million people to flee from their homes. Further, approximately 15,000 people have been killed in the conflict, and another 33,000 people have been injured. There is no indication as to when the conflict will end.

Canada’s Response to the Conflict in Sudan

On February 23, 2024, Immigration, Refugees and Citizenship Canada announced that a new humanitarian pathway would be launched in order to aid people who are affected by the conflict in Sudan and have family in Canada. The immigration pathway was launched in order for Canada to recommit its support to the people of Sudan who want to live in peace and want an end to the violence that has gripped the country.

The pathway was opened on February 27, 2024 and up to 3,250 applications from those affected by the conflict will be accepted by Immigration, Refugees and Citizenship Canada. Successful applicants will be granted permanent residence status in Canada as this pathway is a family sponsorship pathway. As part of the pathway, Immigration, Refugees and Citizenship Canada has declared that the right of permanent residence fee will be waived for applicants.

In order to apply as part of the pathway, applicants must apply through the permanent residence portal. All required documents must be submitted through the portal as well. It is important to make sure that applications are complete before they are submitted, as applications deemed to be incomplete can be returned. If returned, some applicants will be given the option to reapply, but submitting a complete application at the first opportunity represents the best way to apply.

Requirements for Applying Under the New Pathway

In order to apply under the humanitarian pathway for people affected by the conflict in Sudan, there are certain conditions that must be met by the applicants. To be eligible under the pathway the applicant must have:

  • resided in Sudan when the conflict began on April 15, 2023;
  • be the child, grandchild, parent, grandparent or sibling of an extended family member in Canada;
  • the extended family member in Canada is a Canadian citizen or permanent resident and is willing to support the applicant’s application;
  • have no other country to return to other than Sudan and Canada; and
  • plan to live in a province or territory other than Quebec; and
  • not be inadmissible for any reasons other than financial ones.

There is an extension to this pathway that allows the spouse or common-law partner of someone who fulfills these conditions to apply if the person who would be eligible is missing, presumed dead, deceased or otherwise cannot leave Sudan, as long as the spouse or common-law partner meets the rest of the eligibility criteria.

Anchor requirements

There are additional requirements that are part of the pathway that relate to the “anchor” of the applicant. The anchor is the family member who is 18 years old or older who agrees to support the applicant’s application. The anchor must provide financial assistance to the applicant, and help ensure that their basic needs are met during their first year in Canada, which includes necessities such as food, housing, and clothing.

The anchor must also provide a statutory declaration that they will support the applicant and any family members that come with the applicant to Canada for one year. The declaration must also say that the anchor has not and will not accept any money from the applicant or their family members. It is important to note that an anchor must not:

  • be subject to a removal order from Canada,
  • be in the process of renouncing their Canadian citizenship or permanent residence status, or
  • must not be receiving social assistance for any other reason than a disability.

Contact Garson Immigration Law for Legal Advice on Immigration Eligibility and Applications

The seasoned Toronto immigration lawyers at Garson Immigration Law help individuals navigate the often overwhelming and complex immigration processes. Our lawyers will work closely with you to understand your circumstances and develop a tailored legal strategy to address your immigration needs. Whether you are seeking assistance with work permits, student visas, or US immigration, our team is ready to help you. Contact us online or call us at 416-321-2860 to learn more about how we can help you.

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Sponsorship

Invitations to be Issued for the Parents and Grandparents Program

Many Canadian citizens and permanent residents of Canada have family members outside of Canada who want to come to Canada. Fortunately, Canada’s immigration focus on family reunification means that there are multiple avenues available to Canadian citizens and permanent residents allowing them to bring their loved ones to Canada from abroad. The ways in which family members can be brought to Canada vary greatly, so it is important to understand the differing options available to you and determine which strategy works best for your family.

Family Immigration to Canada

Family immigration represents a large proportion of the planned immigration in Canada each year. According to the 2023-2025 Immigration Levels Plan, family immigration is targeted to be 106,500 out of the 465,000 planned permanent resident admissions for 2023 in Canada. This represents approximately 23% of the total planned permanent resident admissions.

Family immigration to Canada will also represent a large part of Canada’s immigration future, as future immigration plans also account for roughly the same levels of family immigration. In the plans for 2024 and 2025, the proportion of overall planned permanent resident admissions that come from family immigration are due to remain at around 23% of the total admissions.

Parents and Grandparents Program

The Parents and Grandparents Program lets citizens of Canada and permanent residents sponsor their parents and grandparents to come to Canada. In order for someone to sponsor their parents or grandparents as part of this program, they must be considered eligible to be a sponsor.

Sponsorship Requirements

A Canadian citizen or permanent resident can sponsor their own biological or adopted parents and grandparents if they meet the eligibility criteria. In order to become a sponsor in the Parents and Grandparent Program, the applicant must:

  • be at least 18 years old;
  • live in Canada; and
  • have enough money to support the people the applicant wants to sponsor.

To show proof of adequate funds for the purposes of sponsorship, an applicant must provide proof of income. It is also possible to have a spouse or common-law partner co-sign the application in order to combine incomes for sponsorship purposes.

Program Applications

When the program is open and these eligibility criteria are met, a potential sponsor can submit their application form for consideration. The people who are chosen to receive invitations are chosen at random. Once chosen, a potential sponsor may then complete the rest of the application form online.

Currently, the program is not taking new applications because there is still a backlog of applicants dating to those who submitted forms in interest of being sponsors in 2020. It is likely this program will be accepting new applicants in the future as the Immigration Levels Plans provides explicitly for parents and grandparents immigration. Further, there has been some news recently which is positive for those who want to utilize this program to bring their grandparents and parents to Canada.

Updates to the Parents and Grandparents Program

Recently, Immigration, Refugees and Citizenship Canada announced an update to the Parents and Grandparents Program whereby it will send 24,200 invitations to complete the application form to new potential sponsors between October 10, and October 23, 2023. Ultimately, Immigration, Refugees and Citizenship has a goal of accepting 15,000 complete applications.

Immigration, Refugees and Citizenship Canada has also indicated that if a potential sponsor has applied for an invitation, however, their email address is no longer in use, the applicant can advise Immigration, Refugees and Citizenship Canada of their new email address through the “find your lost confirmation number” page, which will be posted on October 23, 2023. This announcement comes as positive news for those who are considering using the Parents and Grandparents Program in the future, as new applications could be allowed as early as next year.

Other Forms of Family Sponsorship

Parents and grandparents are not the only family members who can be sponsored by Canadian citizens and permanent residents. While parent and grandparent immigration accounts for roughly 27% of the total family immigration planned through the 2023-2025 Immigration Levels Plan, alternative family immigration avenues for sponsoring spouses, partners and children are also available. The requirements for sponsorship of spouses, partners and children are similar to those of the Parents and Grandparents Program in that the sponsor must be able to financially support the people they sponsor once they arrive in Canada.

Temporary Family Visitation

There are also options available to those who want to bring their family members to Canada for a long visit, as opposed to permanent immigration to the country. Family members can visit Canada by obtaining a visitor visa, which grants the holder of the visa the right to stay in Canada for up to six months.

For those who wish to remain in Canada longer than six months, the Super Visa is also available. The Super Visa allows its holder to stay in Canada for up to five years at a time. It is also a multi-entry visa, which means that the holder can leave Canada and subsequently return on the same visa. Super Visa holders can stay in Canada for two years before having to apply for an extension. This is a substantially longer period compared to visitor visa holders, who have to apply for an extension every six months in order to keep their visitor status.

Overall, visitor visas and Super Visas must be applied for from outside of Canada, and certain other restrictions apply, including the applicant needed to take a medical exam, and be admissible to Canada in order for a visa to be granted, and entry be allowed. These visas allow for long visits with family, and if sponsorship is not an option or not available, visitor visas and Super Visas are good alternatives to consider for bringing family members to Canada for an extended period of time.

Contact Garson Immigration Law for Assistance with Canadian Immigration Matters

The skilled lawyers at Garson Immigration Law are exclusively dedicated to the practice of immigration law. Our firm prides itself on finding robust legal solutions to the most challenging immigration situations for businesses and individual clients. We are able to assist with a wide variety of immigration matters, including permanent residence, citizenship, work and study permits, and U.S. immigration. To learn more about the Parents and Grandparents program, or to learn more about visitor visas, please call us at 416-321-2860 or reach out to us online to schedule a consultation with a member of our team.

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Canadian Immigration News Refugees Sponsorship

A Brief Overview of Canada’s Refugee System

Over the past year, there have been major humanitarian crises around the world that have resulted in large numbers of displaced persons and refugees. In the summer of 2021, the end of western involvement in Afghanistan led to many people fleeing that country and becoming refugees. Currently, the conflict between Russia and Ukraine has resulted in some 2.8 million refugees fleeing from Ukraine mostly across Ukraine’s land borders into other European countries. Some sources are estimating the conflict will eventually result in around 5 million people becoming refugees. Although most of the refugees from Ukraine are currently still in Europe, eventually some will begin looking for other countries to settle in. Some of these refugees may even end up in Canada, as the Canadian Government has made a commitment to welcoming Ukrainian refugees to Canada on both temporary and permanent grounds. Given that Canada may see an influx of refugees as a result of the conflict, it is important for those coming to Canada to understand how to navigate the immigration and refugee system in order to have the best chance at staying in Canada.

What is a Refugee?

Before delving into the workings of Canada’s refugee system, it is important to know the definition that Canada uses for refugees. Canada defines refugees as people who have fled their countries because of a well-founded fear of persecution. Refugees are unable to return to their home country. A further distinction is made between refugees and immigrants in that immigrants choose to leave their country and settle permanently in another country. Refugees are forced to flee.

Canadian Refugee Streams

The Canadian refugee system is split into two main streams. There is the Refugee and Humanitarian Resettlement Program, for people who are making a claim from outside Canada and there is the In-Canada Asylum Program for people making refugee protection claims who are already within Canada.

Refugee and Humanitarian Resettlement Program

Refugees can come to Canada through the Refugee and Humanitarian Resettlement program through the United Nations Refugee Agency or through private sponsorship. Through the United Nations, refugees cannot apply directly to Canada for resettlement, and it takes some time to process refugee cases.

Private sponsors have sponsorship agreements with the Government of Canada whereby they promise to support refugees. Known as Sponsorship Agreement Holders, the private sponsor must financially support refugees during their sponsorship, provide settlement services to sponsored refugees and help them adjust to life in their community. There are other groups, such as Groups of Five and Community Sponsors who also sponsor refugees, so there are many options available for those looking to come to Canada through private sponsorship.

Coming to Canada from Ukraine? A visa is still needed

For Ukrainians outside of Canada, a visa is still required for travel to Canada. Although Canada is unveiling programs that will expedite the process of Ukrainians coming to Canada in light of the circumstances, there is still some visa requirements to apply for programs such as the Canada-Ukraine Authorization For Emergency Travel program that is being unveiled. The Canadian government has indicated that the visa requirement balances the speed of expediting the immigration process with Ukrainians with safety concerns about who is let into Canada.

Most of the typical visa requirements for travel to Canada from Ukraine have been waived based on the government’s plan, however, background screening and biometric information, such as fingerprints will need to be supplied by prospective travellers before leaving for Canada in order to obtain a visa. Immigration, Refugees and Citizenship Canada has said they have set up visa applications centres in countries that neighbour Ukraine, such as Poland and Romania. Although European Union countries have waived the visa requirement they had for travellers from Ukraine, there is no indication that Canada will do the same, despite taking measures to make it easier for Ukrainians to come to Canada.

In-Canada Asylum Program

For those already in Canada, the asylum process is less complicated. Refugee protection is available to those in Canada who have both a well-founded fear of persecution or are at risk of torture, or cruel or unusual punishment in their home countries.

Not everyone is eligible to seek asylum, however. People are not eligible to make a refugee claim if they have been convicted of serious criminal offences or have had a previous refugee claim denied by Canada.

In order to make a claim after already arriving in Canada, you can submit the claim online through the refugee protection portal. A complete application is required, including all of your support documentation as well as the Basis of Claim form. It is a good idea to retain legal help in order to prepare any application.

Help available to Refugees in Canada

After refugees arrive in Canada, there are services available in order to help them adjust to life in Canada. Under the Resettlement Assistance Program, the Canadian Government helps government-assisted refugees with essential services and income support once they are in Canada in order to help them settle. Income support is available for up to one year for refugees who come to Canada who cannot support themselves. The amount is based on basic social assistance rates in each province and territory. There is additional support given during the first four to six weeks after refugees arrive in Canada in the form of helping to find a temporary place to live, helping to find a permanent place to live, assessing their needs, information and help getting to know Canada, and referrals to other federal and provincial programs and to other settlement services. There are further services available that help newcomers get language training in English and French, and access more support services as may be needed.

Call Garson Immigration Law in Toronto for assistance with any potential application

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 recent humanitarian crises around the world. 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 continuing to monitor the immigration changes in response to conflict. If you have any questions about if you will be able to travel during these uncertain times, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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COVID-19 Immigration & Travel Issues Sponsorship

An Overview of Family Sponsorship As Canada’s Border Reopens

On September 7, Canada officially opened its border to fully vaccinated non-essential foreign travellers from all over the world. The opening policy allows those travellers to skip the 14-day quarantine requirement, which means that tourists can come to visit Canada again. This means that families that have been separated by the COVID-19 pandemic for several months can see each other again. If you have family abroad and are interested in having your family come to Canada for more than just a visit, you may want to consider family sponsorship in order to have your family members obtain permanent residence status so they can live in Canada with you.

Sponsor eligibility

Firstly, in order to sponsor a spouse, partner or dependent child for permanent residency status you must be eligible. In order to be eligible, you must be at least 18 years old and:

  • a Canadian citizen,
  • a permanent resident of Canada, or
  • a person registered in Canada as an Indian under the Canadian Indian Act

In addition, you must be able to prove that you are not receiving social assistance for reasons other than a disability and show that you can provide for the basic needs of any persons you want to sponsor.

Financial Ability

In order to sponsor someone, you must show that you are able to financially support the family members when they come to Canada and show that your family members will not need social assistance from the government when they arrive to Canada. You must further promise to financially take care of the persons you are sponsoring for a period of time. This period of time, which must be specified in an undertaking, differs depending on the family member sponsored. For example if you are sponsoring a spouse or partner, the undertaking will last for three years, whereas if you are sponsoring a dependent child, the undertaking time will vary depending on the child’s age when they arrive in Canada.

Depending on the sponsor’s status, eligibility to make an application can depend on whether you are currently in Canada. In order to make an application as a permanent resident, you must be living and present within Canada at the time of application. Canadian citizens can make sponsorship applications from outside of Canada provided they show that they intend to live in Canada when the person who you want to sponsor becomes a permanent resident.

There are further ways in which you can be ineligible to sponsor a family member, such as if were sponsored by a spouse or partner and became a permanent resident less than 5 years ago or if you are still financially responsible for a previous spouse or partner that you sponsored.

Who can you sponsor?

You can sponsor a spouse as long as they are legally married to you and is at least 18 years old. If you are looking to sponsor a common-law partner, there are more requirements, such as you and your partner must have been living together for at least 12 consecutive months, living together for at least year in a conjugal relationship without any long period spent apart. Any period spent apart must have been short and temporary.

For dependent children, they must be under 22 years old, and the child must not have a spouse or common-law partner. Children who are over 22 years old may qualify as dependents if they are unable to financially support themselves because of a mental or physical condition and they have depended on their parents for financial support since before the age of 22.

You can also sponsor a sibling, nephew, niece, or grandchild if:

  • they are related to you by blood or adoption,
  • both their biological parents are no longer alive,
  • they are not married, and
  • they are under 18 years of age.

Further, you can sponsor one relative of any age, related by blood or adoption provided that you have no living relative closer than the person who you want to sponsor who you could sponsor instead; and you do not have any relatives who are Canadian citizens or permanent residents.

Someone may be eligible based on the above criteria by still unable to be sponsored as you cannot sponsor someone who would be otherwise inadmissible to Canada, likely through criminal or medical inadmissibility.

The Application

In order to apply to sponsor a spouse, partner or child there are two required applications. You must apply to become a sponsor, and then the person you are sponsoring must also apply for permanent residence. Both applications have to be sent in at the same time. Currently, the government lists the fee for the application as $1050 for a spouse and $150 for a child. The government further estimates that the time to resolve a spousal sponsorship is around 12 months right now whereas for a child the waiting time will vary by country of origin. If you are planning to sponsor a family member, it is important to make sure that the application is submitted correctly from the outset in order to ensure the best possible chance of your application being accepted and avoid unnecessary delays.

Contact Garson Immigration Law in Toronto for Family Sponsorship 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. With nearly 30 years of experience in helping clients gain admissibility to Canada, we will work to help ensure that your sponsorship application is complete and correct the first time you apply in order to avoid rejection or delay. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration News Sponsorship

Immigrating to Canada? Be Sure to Consider All Your Options

With Canada beginning to look ahead to relaxing the rules on crossing into the country, it’s expected that immigration will increase as well. With that in mind, we have put together a brief overview of various pathways to immigration to Canada below. Each method has its own regulations and rules, and so consulting with a skilled immigration lawyer is encouraged, but below you’ll find some of the most common methods for immigrating to Canada on a permanent basis.

Express Entry

The Express Entry program is the primary way that Immigration, Refugees and Citizenship Canada accepts skilled worker applications. The Express Entry program is a competitive, invitation-based program that has draws that invite applicants to apply for permanent residence approximately every two weeks.  There are three specific express entry pathways to choose from:

Federal Skilled Worker Program

If you want to come to Canada as a skilled worker, you can apply for express entry under the Federal Skilled Worker Program. Applicants applying under the Federal Skilled Worker Program do not require prior Canadian work experience. Rather, there is a points system on which applicants are graded based on six selection factors including age, education, language, skilled work experience, existing job offers and adaptability. In order to qualify under this program, an applicant must score at least 67 out of 100 points. How the points are allocated and considered by immigration officials are detailed on the Canadian government website so anyone can do a preliminary check to see if they would have a chance to qualify. However, it is important to note that if you are applying for this category as in the Express Entry pool, your application will be ranked using the Comprehensive Ranking System (“CRS”) used to evaluate Express Entry applicants. The CRS includes many of the same selection factors and is used for all Express Entry candidates.

Federal Skilled Trades Program

Another way to come to Canada with Express Entry is under the Federal Skilled Trades Program. In order to be eligible under this program, applicants must work in one of the following trades:

  • Industrial, electrical and construction work;
  • Maintenance and equipment operation;
  • Supervisors and technical jobs in natural resources, agriculture and related production;
  • Processing, manufacturing and utility supervisors or central control operators;
  • Chefs and cooks; and
  • Butchers and bakers.

Canadian Experience Class

The Canadian Experience Class is for skilled workers who have Canadian work experience and want to become permanent residents. The Canadian Experience Class is different from the Federal Skilled Worker Program in that applicants MUST have some Canadian work experience in order to apply. Applicants must have worked for at least one year in the last three years preceding their application in order to apply. Applicants must meet certain language communications levels, and their skills must qualify them for managerial or professional roles, or a skilled trade. Notably, there is no education requirement under this class, but education can increase an applicant’s competitiveness once they are in the applicant pool.

Provincial Nomination Programs

Another potential way to immigrate to Canada is through the Provincial Nomination Program. In Canada, the provinces control some of their own immigration through the Provincial Nomination Programs. If you are looking to move to a specific province, you can apply through Express Entry by contacting the province with your application, or by indicating on an Express Entry application that you are interested in immigrating to a specific province. All of the provinces and territories except for Quebec and Nunavut participate in the program. Each province is allowed to set out various streams under which applicants can apply for residency.

Family Sponsorships

Another way to come to Canada is through family sponsorships. If you establish that you can support a spouse or child financially, you can sponsor them to come to Canada. Additionally, it is important to demonstrate that no sponsored family member will require social assistance once they are in Canada.

You can sponsor a sibling, niece, nephew, or grandchild if they meet the following criteria:

  • They are related to you by blood or adoption;
  • Both their biological parents are no longer alive;
  • They are under 18 years of age; and
  • They are single

You can also sponsor one relative of any age, related by blood or adoption, so long as you have no living relative closer than the person you want to sponsor, who you could sponsor instead, and you do not have any relatives who are Canadian citizens or permanent residents.

Contact Garson Immigration Law for Experienced Representation in Immigrating to Canada

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 continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration News Sponsorship

Options for Immigrating to Canada in 2021

The COVID-19 pandemic has had a massive impact on immigration to Canada over the past year. In 2020, the number of permanent residents admitted to Canada dropped almost 50% when compared with 2019.The travel bans and restrictions that have been instituted as a result of the COVID-19 pandemic have vastly decreased levels of international travel. However, despite this decline, immigration to Canada is still possible in 2021.

The Canadian government’s stated goal for 2021 is to admit 401,000 new residents this year. Regarding this goal, Canada was supposedly well ahead of schedule; by mid-February the government was 40% ahead of the pace needed to meet the 401,000 number. Despite this, some institutions doubt Canada’s ability to reach its new resident goal and instead anticipate the welcoming of around 275,000 new residents. Included in the government goal of accepting 401,000 new residents are the number of immigrants that are to be accepted under the various available admissibility categories. Overall, the plan provides for 232,500 total economic immigrants, 103,500 total family immigrants and 59,500 refugees and other protected persons.

Below, we will provide an overview of some of the various immigration options open to those seeking to relocate to Canada on a permanent or temporary basis.

Permanent Residency

Being a Canadian permanent resident means that you are allowed to live in Canada permanently, and with the permanent resident status, you are entitled to many benefits of living in Canada. These benefits include eligibility for most social benefits available to Canadians, including health care coverage, freedom to live and work anywhere within Canada, the ability to apply for citizenship after the stay requirements are met, and protection under Canadian law. In order to maintain permanent resident status, you must remain in Canada for 730 days during any given 5 year period. Failure to comply with this requirement could lead to the status being revoked.

Family Sponsorships

Over one quarter of the admitted residents that the Canadian government is accounting for fall within the family category. 80,000 of these immigrants are anticipated to be spouses, with the remainder being comprised primarily of parents and grandparents. In order to sponsor a Canadian spouse or a dependent child for residency, you have to be able to establish that you can support them financially upon arrival in Canada. It is extremely important that you show that no sponsored family member will require social assistance once in Canada. You can also sponsor a sibling, nephew, niece or grandchild if they meet certain criteria, including:

  • they are related to you by blood or adoption,
  • both of their biological parents are no longer alive,
  • they are under 18 years of age, and
  • they are single.

Economic Immigration

The majority of the allotted immigrant slots are for economic immigrants, with 108,500 of the immigrants slated to be considered as Federal High Skilled Immigrants. Federal High Skilled Economic immigration represents the majority anticipated immigration in 2021. The Federal High Skilled category includes the Federal Skilled Worker Program, Federal Skilled Trades Program, and Canadian Experience Class.

Federal Skilled Worker Program

The Federal Skilled Worker Program is a form of Express Entry for skilled workers with foreign work experience who want to immigrate to Canada permanently. In order to qualify under the program, the applicant must meet a minimum points threshold based on six selection factors including:

  • Age
  • Education
  • Language
  • Skilled work experience
  • Existing job offers
  • Adaptability

The Applicant must also be able to demonstrate that they have sufficient funds to settle in Canada, or that they have a valid job offer in Canada.

Federal Skilled Trades Program

The Federal Skilled Trades Program is available to applicants that work in specific fields with at least 2 years of full-time work experience within the 5 years prior to submitting an application. Entering Canada under this program is available to people in the following trades:

  • Industrial, electrical and construction work;
  • Maintenance and equipment operation;
  • Supervisors and technical jobs in natural resources, agriculture and related production;
  • Processing, manufacturing and utilities supervisors or central control operators;
  • Chefs and cooks; and
  • Butchers and bakers.

Canadian Experience Class

Applicants applying for Express Entry under the Canadian Experience Class must have worked for at least one year in Canada in the three years preceding their application.  There are language requirements involved and the applicant’s skills must qualify them for managerial or professional roles, or a skilled trade. There are ways to make an application more competitive, such as having more educational achievements. Note that this immigration program does not allow the applicant to settle in Quebec.

Provincial Nominee Program

There are a further 80,000 economic immigrant spots allotted to the Provincial Nominee Program. The Program is for workers who have the skills, education and work experience to contribute to the economy of a specific province or territory, want to live in that province, and want to become permanent residents of Canada.

However, what differentiates this program from the other programs is that it is run through the provinces and territories, rather than the federal government. This means that each province may have different criteria for admittance under the program, and varying allotments of available spots. In order to apply to live in a province or territory under the Provincial Nominee Program, you have to follow the specific instructions set out by the specific province. The criteria involved for the application can vary, but each will require a medical exam and a police check with the application. Quebec and Nunavut do not participate in the program.

Contact Garson Immigration Law in Toronto for Guidance on Canada’s Immigration Options

Even though travel has slowed, it is still possible to immigrate to Canada. If you are having trouble navigating the various options and requirements, Garson Immigration Law has the experience and knowledge necessary to help guide you through the process if you are planning to immigrate to Canada.

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. 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 continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

Categories
COVID-19 Immigration & Travel Issues Sponsorship

Out of Status in Canada? You May Not be Out of Luck

The COVID-19 pandemic has caused new novel issues to arise in the immigration law field as a result of the unprecedented nature of the travel restrictions that have been imposed in order to fight the virus. Since the onset of the restrictions in March 2020, people who were planning to travel have been stuck, and as a consequence of being stuck, they may be out of status in the country they cannot travel from.

For example, a foreign national who came to visit a spouse or common-law partner who is a permanent resident or Canadian citizen in Canada may have arrived on a temporary status with the end goal of converting their temporary status into permanent status. However, because of the onset of the pandemic and the slow down in immigration services, these people were left in a state of limbo where they had fallen out of status but were unable to leave Canada because of the travel restrictions.

Usually people in this situation, that is being out of status while still in Canada, would be considered to be in Canada illegally. Being in Canada illegally means they could be subject to a removal order which would force them to leave the country. Further, a removal order could potentially bar the person who receives it from returning to Canada in the future, so for people who have a spouse or partner in Canada, it is imperative for them to avoid becoming subject to a removal order.

In-land Spousal Sponsorship

Thankfully for the people in this precarious predicament, Immigration, Refugees, and Citizenship Canada (“IRCC”) has considered this specific situation and provided a remedy for those who may have fallen out of status on a temporary visa within Canada. In order to make a determination on those who have fallen out of status, the IRCC considers individuals who have ties of marriage with a Canadian in Canada, who have strong links with Canada, and have a good likelihood of becoming a Canadian in the future. The policy from the IRCC further states that the IRCC will not consider the lack of status to require the person to leave Canada and then re-apply for entry and be re-sponsored as a spouse. Instead, the Canadian in the couple can make an undertaking of support and sponsor their spouse according to the rules of sponsorship.

In addition to the ability to remain in Canada while the sponsorship application is processed, those who are the subject of an application may be entitled to an open work permit while they wait. An open work permit is not tied to a specific employer, meaning that the holder is entitled to seek legitimate employment anywhere they please and earn an income while they await becoming a resident.

Limitations on In-Land Sponsorship Applications

In addition to the many benefits of an in-land sponsorship application, there are also strict limitations as well. For instance, there is no right to appeal the decision on the application. Further, because the subject is already in Canada there may be less urgency, and therefore the decision process may take longer than someone applying from outside of the country. Lastly, the subject of an application will generally have to remain in the country while the application is processed. Although in light of ongoing travel restrictions, this limitation at least should not be too much of an imposition.

This leniency from the IRCC should help many couples through the uncertainty of the pandemic, as, the IRCC is giving spouses without status a chance to become Canadians.

Contact Garson Immigration Lawyers in Toronto for Experienced Advice on a Range of Immigration Concerns

Make sure you stay updated on regional restrictions and regulations before you make travel arrangements. If you are planning to travel, make sure you qualify as essential or prepare an exemption request. Depending on where you are going, you may also need a 14-day quarantine plan. If you have questions about where you can travel, please do not hesitate to contact us.

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.