Understanding Humanitarian and Compassionate Grounds for Canadian Permanent Residency

by Batalmea Crightney | Canadian Immigration

If you’re considering applying for permanent residency in Canada but find yourself outside the usual eligibility criteria, you might be able to apply on humanitarian and compassionate (H&C) grounds. This blog will explore what H&C grounds entail, who qualifies, and address some common questions to help clarify the process.

What Are Humanitarian and Compassionate Grounds?

Humanitarian and compassionate grounds allow individuals who may not typically qualify for permanent residency to seek an exception based on their unique circumstances. Each application is assessed on a case-by-case basis, focusing on various factors:

• Settled Status in Canada: How integrated you are into Canadian society.
• Family Ties: The strength and nature of your connections to family in Canada.
• Best Interests of Children: The welfare of any children involved in your case.
• Consequences of Denial: What could happen if your request is not granted.

Who Can Apply?

To apply on H&C grounds, you must be seeking permanent resident status or a permanent resident visa abroad. Here are some critical points to consider:

• Temporary Residents: H&C requests are not accepted from individuals applying for temporary resident status.
• Single Application: You cannot submit more than one H&C application simultaneously.
• Pending Refugee Claims: If you have a pending refugee claim, you cannot apply for H&C grounds unless you withdraw your refugee claim first.
• Negative IRB Decision: If you received a negative decision from the Immigration and Refugee Board (IRB) within the last 12 months, you are subject to a “one-year bar” on applying for H&C grounds, except under specific circumstances.

Designated Foreign Nationals

Individuals who enter Canada irregularly may be classified as “designated foreign nationals.” Here’s what you need to know:

• Five-Year Suspension: If you’re designated, you must wait five years before applying for H&C grounds. This period begins from the date you become designated or receive a negative decision on your refugee claim.
• Application Suspension: If you apply for H&C grounds and later become a designated foreign national, your application will be suspended for five years.

Removal Orders

If you have a removal order against you, you may still apply to remain in Canada on H&C grounds, provided you do not fall under any of the aforementioned restrictions. Here are some key points:

• No Delay in Removal: Applying does not prevent your removal from Canada, and you must comply with the removal order’s timeline.
• No Right to Appeal: If your application is refused, you cannot appeal the decision for permanent residency based on H&C grounds. However, you can ask the Federal Court of Canada to review the decision.

Common Questions About Humanitarian and Compassionate Grounds

Q: Can I apply for H&C grounds if I have a temporary resident visa?
A: No, H&C requests are only accepted from individuals applying for permanent resident status or a permanent resident visa abroad.

Q: What if my circumstances change after I submit my application?
A: You must keep your application up to date and inform the authorities of any changes that may affect your application.

Q: Is there a guarantee that my application will be approved?
A: No, there is no guarantee of approval, and you cannot appeal a refusal. However, you may seek a review from the Federal Court of Canada.

Q: How do I know if I qualify for H&C grounds?
A: Factors like your connection to Canada, family ties, and potential risks if your application is denied will be considered. It’s advisable to consult with an immigration professional for personalized guidance.

Applying for permanent residency in Canada on humanitarian and compassionate grounds can be a complex process, but it provides a vital pathway for those in exceptional circumstances. Understanding the rules, requirements, and potential challenges is essential for navigating this process. If you believe you qualify, consider contacting us for professional advice to enhance your chances of a successful application.

Get An Assessment Just Call Us +1 (647) 556-1781 | Toll Free 1-800-556-4581

Website: www.crightneyimmigration.com

Email: [email protected]

Navigating Canadian Immigration: Your Guide to Work Permits and Nominee Programs

by Batalmea Crightney | Canadian Immigration

Canada is a land of opportunity, attracting skilled workers and entrepreneurs from around the globe. With various immigration pathways available, it can be challenging to understand which program is right for you. This blog will explore the essential aspects of work permits, nominee programs, and special initiatives designed to bring in foreign talent.

Free Trade Agreement Work Permits

If you’re from a country with which Canada has a free trade agreement, you may qualify for a temporary work authorization. To be eligible, you must have a job offer from a Canadian employer for a role covered by the agreement. Canada has agreements with numerous countries, including the U.S. (under the North American Free Trade Agreement), Mexico, South Korea, and several others.

Additionally, the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) facilitates the entry of business visitors and certain foreign workers from EU member states, enhancing opportunities for collaboration and innovation.

Francophone Mobility Work Permit

The Francophone Mobility Work Permit is an excellent opportunity for French-speaking workers. This category allows employers outside Quebec to hire French-speaking individuals for high-skilled positions without requiring previous experience at the company or proof that no Canadian worker is available. The goal is to promote the hiring of francophone talent, with some applicants potentially benefiting from expedited processing within two weeks.

Global Skills Strategy

Launched in June 2017, the Global Skills Strategy aims to streamline the process for highly skilled foreign talent to enter Canada. This initiative is designed to reduce barriers and attract foreign investment while facilitating the rapid entry of skilled workers.

Short-Duration Work Permit Exemptions

One significant development is the exemption for skilled workers coming to Canada for less than 30 days. If your role is classified as highly skilled or managerial, you can work without a permit. Additionally, researchers working at publicly funded institutions can be exempt from work permits for up to 120 days.

Global Talent Stream

The Global Talent Stream is a vital component of the Global Skills Strategy, offering two main categories:

• Category A: This is for innovative, high-growth firms that have been referred to the Global Talent Stream by a Designated Partner. These firms seek to hire unique and specialized talent, defined by advanced industry knowledge, relevant advanced degrees, and substantial experience, typically with a salary of $80,000 or more.
• Category B: This category focuses on Canadian businesses hiring highly skilled foreign workers for specific occupations on the Global Talent Occupations List. This includes roles such as computer and information systems managers, software engineers, and data analysts, among others.

Both categories require firms to develop a Labour Market Benefits Plan, demonstrating their commitment to creating jobs and contributing to the Canadian economy.

Provincial Nominee Programs (PNPs)

Canada’s provinces and territories have established their own nominee programs to attract skilled workers and entrepreneurs. Here’s a brief overview of some key programs:

1. Alberta Immigrant Nominee Program: Offers streams for workers, including the Alberta Opportunity Stream and the Express Entry Stream, as well as pathways for entrepreneurs and self-employed farmers.
2. British Columbia Provincial Nominee Program: Includes Skills Immigration, Express Entry, and Entrepreneur Immigration streams, focusing on skilled and semi-skilled workers in high-demand occupations.
3. Manitoba Provincial Nominee Program: Features streams for skilled workers, international education, and business investors, with no job offer required in some cases.
4. New Brunswick Provincial Nominee Program: Includes Express Entry, Skilled Worker, Business Immigration, and Strategic Initiative streams, catering to various skills and languages.
5. Saskatchewan Immigrant Nominee Program: Offers pathways for skilled workers, entrepreneurs, and farm owners, where job offers are not always necessary.
6. Ontario Immigrant Nominee Program (OINP): Provides categories for job offers, human capital, and in-demand skills, supporting workers with the right skills and education.
7. Nova Scotia Nominee Program: Includes categories for physicians, entrepreneurs, and skilled workers, focusing on recent graduates and those with specific skills.
8. Yukon Nominee Program: Offers pathways for skilled workers and business nominees, as well as a unique community pilot for those with multiple job offers.

Do You Need a Visa?

Most foreign nationals from visa-exempt countries can apply for work permits at any Canadian port of entry. Countries such as the U.S., U.K., and several EU nations fall into this category. However, those from non-visa-exempt countries must obtain a Temporary Resident Visa (TRV) and their work permit through a consular office before arriving in Canada.

Canada’s immigration landscape offers a plethora of options for skilled workers and entrepreneurs. Understanding the various programs available, from free trade work permits to provincial nominee programs, can help you find the best pathway for your unique situation. Whether you’re looking to start a new life, expand your business, or simply explore opportunities in Canada, there’s a pathway for you. Be sure to stay informed about changes in immigration policies and requirements to make your journey as smooth as possible.

Get An Assessment Just Call Us +1 (647) 556-1781 | Toll Free 1-800-556-4581

Website: www.crightneyimmigration.com

Email: [email protected]

To apply for a visitor visa for Canada, follow these step-by-step instructions.

by Batalmea Crightney | Canadian Immigration

To apply for a visitor visa for Canada, follow these step-by-step instructions:

To apply for spousal sponsorship for Canada, follow these step-by-step instructions:

1. Determine your eligibility:

   a. Ensure that you are a Canadian citizen, permanent resident, or registered Indian under the Indian Act.

   b. Verify that you are at least 18 years old.

   c. Confirm that you are able to provide the necessary financial support to your spouse.

2. Gather all the required documents:

   a. Marriage certificate or any legal proof of marriage.

   b. Birth certificates for both you and your spouse.

   c. Valid passports for both you and your spouse.

   d. Proof of Canadian citizenship, permanent residency, or Indian registration.

   e. Evidence of your relationship, such as photos, joint bank account statements, or shared property ownership.

   f. Police clearance certificates for your spouse.

   g. Any additional supporting documents to prove the authenticity of your relationship.

3. Complete the application forms:

4. Pay the required fees:

   a. As of the current date, the fee for sponsorship is CAD $1,050, and the fee for processing your spouse’s permanent residence application is CAD $550.

   b. Make sure to check for any updated fee information on the official website of Immigration, Refugees and Citizenship Canada (IRCC).

5. Submit your application:

   a. Include all the completed forms and supporting documents.

   b. Pay the fees online or include a certified check or money order with your application.

   c. Mail your complete application if applicable to the appropriate Visa Application Centre or Office (refer to the IRCC website for the correct address and instructions) or apply online.

6. Wait for processing:

   a. The processing times may vary, so keep track of your application status through the IRCC website or by contacting the IRCC helpline.

   b. In case there are any additional documents requested during the process, make sure to submit them promptly.

7. Attend interviews or medical examinations (if required):

   a. Depending on your application, IRCC may request an interview or a medical examination for you or your spouse.

8. Receive a decision:

   a. If your application is approved, you will receive a confirmation letter and instructions on what to do next.

   b. If your application is rejected, the rejection letter will provide reasons for the decision. You may consider seeking legal advice or reapplying if eligible.

Remember, the application process is subject to change, so it’s important to seek professional help.

Contact us to start your application.

1-800-556-4581 visit us at www.crightneyimmigration.com

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To apply for a visitor visa for Canada, follow these step-by-step instructions.

by Batalmea Crightney | Canadian Immigration

To apply for a visitor visa for Canada, follow these step-by-step instructions:

1. Determine your eligibility: Before beginning the application process, make sure you are eligible for a visitor visa. You can check the eligibility requirements on the official website of Immigration, Refugees, and Citizenship Canada (IRCC).

2. Gather the required documents: Collect all the necessary documents for your application. These typically include a valid passport, photographs, proof of financial support, proof of ties to your home country, travel documents, and any supporting documents specific to your situation (e.g., invitation letter, travel itinerary).

3. Complete the application form: Fill out the Application for Visitor Visa (Form IMM 5257) accurately and provide all the required information. You can complete the form online or fill out a paper form manually.

4. Pay the application fee: Visit the official website of IRCC to find the current fee amount and pay the fee. Payment methods usually include credit card, debit card, or electronic funds transfer.

5. Submit your application: Submit your application either online through the IRCC’s website or by mail to the appropriate Canadian visa office responsible for your country. Follow the instructions provided and make sure you include all the required documents.

6. Wait for processing: The processing time for visitor visas can vary, so be patient. You can check the status of your application online using the unique identification number provided to you upon submission.

7. Attend a biometric appointment (if required): Depending on your nationality and other factors, you may be required to provide biometric information as part of your application. If so, you will receive a biometric instruction letter indicating where and when to complete this step.

8. Receive a decision: Once your application is processed, you will receive a notification of the decision. If approved, the visa will be attached to your passport, or you may receive an eTA (electronic Travel Authorization) if eligible.

9. Travel to Canada: If your application is approved, make sure to check the validity dates on your visa. Ensure that you have all the necessary travel documents and proof of financial support with you before traveling to Canada.

Contact us to start your application.

1-800-556-4581 visit us at www.crightneyimmigration.com

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To apply for Permanent Residency in Canada under the Express Entry system, you can follow these step-by-step instruction

by Batalmea Crightney | Canadian Immigration

To apply for Permanent Residency in Canada under the Express Entry system, you can follow these step-by-step instructions:

Step 1: Determine Your Eligibility

– Visit the official website of the Government of Canada to check your eligibility for Express Entry.

– Fill out the online eligibility questionnaire to determine if you meet the necessary criteria.

Step 2: Create an Express Entry Profile

– If you are eligible, create an Express Entry profile online through the Immigration, Refugees, and Citizenship Canada (IRCC) website.

– Provide accurate and truthful information about your personal details, work experience, education, language proficiency, and any other relevant details.

– Obtain your language test results either for English (IELTS) or French (TEF) and enter them in your profile.

Step 3: Calculate Your Comprehensive Ranking System (CRS) Score

– The CRS score determines your ranking in the Express Entry pool.

– Calculate your CRS score based on factors such as age, education, work experience, language proficiency, and adaptability.

– Higher CRS scores increase your chances of receiving an Invitation to Apply (ITA) for Permanent Residency.

Step 4: Receive an Invitation to Apply (ITA)

– The Government of Canada holds regular Express Entry draws.

– If you meet the minimum CRS score set for a specific draw, you will receive an ITA via your online account.

– Once you receive an ITA, you will have a limited time (usually 60 days) to submit a complete application for Permanent Residency.

Step 5: Gather Required Documents

– Collect all the necessary documents such as identification, educational degrees, work experience letters, language test results, police certificates, etc.

– Ensure that your documents are valid and meet the specific requirements set by IRCC.

Step 6: Complete the Application Forms

– Fill out the required application forms accurately and completely.

– Include all supporting documents as per the IRCC instructions.

– Double-check your application for any errors or omissions before submission.

Step 7: Pay the Application Fees

– Pay the required fees online through your IRCC account.

– The fees vary based on the number of family members included in your application.

Step 8: Submit Your Application

– Submit your complete application along with the necessary supporting documents electronically through your online account.

– Keep a copy of your application and payment receipt for your records.

Step 9: Wait for a Decision

– The processing time for Express Entry applications varies and can take several months.

– You can check the status of your application using your online account.

Step 10: If Approved

– If your application is approved, you will receive a Confirmation of Permanent Residency (COPR) document.

– Make arrangements for your travel to Canada following the instructions provided in the COPR.

It’s important to note that the process and requirements may change, so always refer to the official IRCC website or consult with us for assistance.

Contact us to start your application.

1-800-556-4581 visit us at www.crightneyimmigration.com

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