In terms of a Canadian spouse sponsoring a foreign resident for Canadian permanent residence – generally speaking – the minimum income requirements or asset levels do not apply.  This is for good reason – spouses should not be kept separate just because of a certain income threshold.

However, there is a requirement on the foreign spouse than you may not know about.

Section 39 of the Immigration and Refugee Protection Act states:

39. A foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themself or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made.

So what does that mean?

It means that a foreign spouse has to satisfy a visa officer that “adequate arrangements for care and support” have been made in Canada for them.

Typically, the sponsor is the one who will be supporting the foreign spouse, at least initially.  However, the foreign spouse may have significant assets that could overcome this requirement as well.

So what does “adequate care and support mean?

As with many aspects of immigration law, there is no clear guideline that will determine adequate care and support.  However, we can safely say that a Canadian spouse should at least be employed or show some kind of income.  If he or she is currently unemployed, he or she should at least show a history of employment.

A case that is illustrates this concept is the 2008 case of Han vs. Canada (Citizenship and Immigration) from the Immigration and Refugee Board (IRB).

In this case, the Canadian spouse applied to sponsor his wife who resided in China.  The visa officer denied the application because the foreign spouse has insufficient assets to support herself, and that she failed to show she has adequate arrangements for her care and support in Canada through her sponsor.

The couple appealed the visa officer’s decision. The IRB reviewed the case and found that these facts were particularly relevant:

• The Canadian spouse had just started working without a confirmed salary or firm employment contract.
• In the previous two years the Canadian spouse had not worked and could not show income for that time period.
• The Canadian spouse did not produce a tax return to show he had earned any income in the previous 2 years.
• Although the foreign spouse owned a rental property in China, there was no evidence presented as to its value nor its rental income.
• There was no evidence presented of a claimed job offer in Canada for the foreign spouse.

What can we take from this case?

It’s clear that the Canadian spouse’s history of unemployment spanning 2 years was detrimental to the application.  The lack of evidence of any income or tax returns hurt as well.  Finally, the foreign spouse’s lack of evidence of any assets or a job offer in Canada sealed their fate.

In a sponsorship application, it is important to show strong evidence of a history of employment (even if currently unemployed), or a stream of income if self-employed, preferably through income tax returns if possible.

A foreign spouse’s assets can help, so documented evidence of assets should be included, along with a plan to liquidate those assets if the sponsorship application is successful.

If you found this article useful, please feel free to share it with your friends or on your social network.

Spousal Sponsors Must Provide “Adequate Care and Support” For Foreign Spouses is from PanCanadian Immigration Law

They had heard that spouses and dependent children were entitled to open work permits if one spouse is working in Canada under as a temporary foreign worker.  Dependent children normally entitled to an open work permit are between eighteen and twenty-two years of age.

In this case, the wife did not intend to work.  However, the dependent child had completed school overseas and wanted to get some Canadian work experience under his belt.

They applied for an open work permit for the nineteen year old son, and were shocked when they were rejected.

What happened?

Their primary mistake was assuming that a dependent child over eighteen is entitled to an open work in these circumstances.

The only way a dependent child can apply for and obtain an open work permit based on a parent’s work permit is through a CIC pilot project with a province.

If there is no pilot project, then there is no ability for the dependent child to obtain an open work permit.

There are currently pilot projects with British Columbia, Alberta and Ontario.  I’ll summarize the requirements of each below:

British Columbia

Children (who are over eighteen but under twenty-two years of age) of high skilled temporary workers can qualify for an open work permit based on a parent’s work permit.  “High skilled” means an occupation in the National Occupation Classification A, B or O.

This pilot will run until February 14, 2014.

Alberta

Alberta has the same rules as British Columbia, above.  However, this pilot project is scheduled to end on July 31, 2013.

Ontario

Ontario has the same rules as British Columbia, above.  However, Ontario states that the minimum age of the child must be fourteen years old (rather than eighteen).

In addition, open work permits are available to dependent children (again, a minimum of fourteen), of Canadian citizens or permanent residents who are returning to Ontario to re-establish themselves in an academic or health care career.

This is an unusual rule, but it is meant to “lure” academics and health care professionals back to Ontario, especially those who have dependents who are not Canadian citizens.  This could happen if the Canadian individual working overseas married a citizen of a foreign country who had a child from a previous relationship.

Be careful where you work in Canada!

So if you have a working age dependent child and you plan to work in Canada on a temporary basis, be very careful in choosing a province that will allow your child to obtain an open work permit – if you want that child to work while in Canada.

How Your Dependent Child Can Get An Open Work Permit is from PanCanadian Immigration Law

That’s right – since 2011 Citizenship and Immigration Canada have not been accepting sponsorship applications from citizens or permanent residents to bring their parents and grandparents from their home countries to Canada.

This has caused a lot of hardship for many families.

There’s the physical separation that is sometimes difficult to overcome.  It can cost a lot of money to travel overseas, and if a parent or grandparent is from a country that requires a travel visa, they may not have been successful at getting one, meaning travel to Canada was out of the question.

Aside from the separation aspect, many younger immigrant families rely on parents and grandparents to provide child care so that both spouses can work and earn a living.

Without that support, a couple faces expensive child care or has to go without.  An untenable situation to be sure.

As an interim measure, CIC is offering “supervisas” to parents, which – if successful – allows a parent or grandparent to visit up to 10 years.

But this can be a costly application.

The sponsor has to show that he or she has the requisite medical insurance in place for the parent or grandparent at the time of application.  These insurance policies are not cheap and they have to cover the entire stay.  Any health problems and the rates get even higher.  Some sponsors have faced private medical coverage costing thousands of dollars.

However, the sponsorship program – which will allow parents and grandparents to obtain Canadian permanent residence – will re-open on January 2, 2014.

That’s still about 3 years since it was suspended, but at least it will be offered again, and hopefully with much faster processing times (processing under the previous program could often take 10 years!).

There is a twist to the new program.  If the parent or grandparent has a dependent, the age cut-off will be 18 (and not 21 and under as before).

Although individuals who are financially dependent because of mental or physical disability will still qualify, those attending post-secondary education beyond age 18 will not be.  This is a big change from the previous program where individuals over 18 but studying full-time were considered dependents.  This will no longer be the case.

I will continue to post updates as more becomes known about the new program.

If you found this blog posting useful, please consider sharing it with your friends or online community.  Thanks!

Finally! The Parent and Grandparent Sponsorship Program Will Re-Open – But With A Twist is from PanCanadian Immigration Law

Following the public outcry after the Royal Bank hired foreign workers from India to replace Canadians.  Some of those workers were in Canada to train for jobs that would be outsourced to India.  Canadians lost their jobs at the Royal Bank and the public backlash was fierce.

The government has moved quickly and today announced a series of reforms that will be introduced through legislation, regulation and through practise and administrative process directives.

So how exactly will it be more difficult to work Canada?  The government is taking aim at both employers and temporary workers.  The new provisions include:

Requiring employers to pay foreign workers at the prevailing wage

This replaces the wage flexibility employers used to enjoy in hiring foreign workers.  The loss of this flexibility may make it more difficult for employers to justify hiring someone from abroad.

Suspending the Accelerated Labour Market Opinion Process

This program allowed employers who had previously issued a positive Labour Market Opinion (“LMO”) and who complied with all requirements to obtain a new LMO is just over a week.  This program is no longer available so employers will have to go through the entire LMO process which can be lengthy.  It also means they can’t hire foreign workers as quickly as before.

Government authority to suspend and revoke work permits

The government now has discretion to intervene where the foreign worker program is being “misused”. We don’t have a definition of “misused” yet, but I suspect this provision was aimed at the RBC scenario described above.

Adding questions to the LMO application to ensure outsourcing is not on the table

Employers will have to confirm that they are not using foreign workers to outsource jobs to a foreign country by training them in Canada.  Again, this is aimed squarely at the RBC case above.

Ensuring there is a transition plan to hire Canadian workers

Employers will have to provide a plan on how they will transition from using foreign workers to Canadian workers over time.  This is an administrative burden that some employers may not be able to address fully.  For example, if there is a chronic shortage of Canadians with certain specialized skills, it is going to be tough to make a plan to transition to Canadian workers.

Fees for LMO’s and increasing fees for workers

In past, applying for an LMO was free.  Not any longer.  It’s going to cost employers to apply for an LMO with no guarantee it will be accepted.  This could be a big disincentive.  Work permit fees will also increase.

English and French as the only languages used as a job requirement

In my view, this will be one of the biggest challenges to overcome.  In past, employers could state that a worker required a foreign language (such as Spanish or Mandarin or whatever), because that employer did business in those parts of the world, and needed a worker with those language skills.  As a result, finding a fluent Canadian with those language skills was difficult, and often a positive LMO was issued and a foreign worker hired.

No longer.  With only English and French as language requirements for a job, a great number of employers simply won’t be able to hire foreign workers for their language skills (among other technical skills of course).  In a global economy, I simply can not understand this requirement – this will hurt our employers who do significant business overseas in different languages and who can’t find Canadians with the right technical and language skills to do the job.

So there you have it – the new changes in a nutshell.

I’ll post further details as we get them.

Working in Canada Just Got Tougher: Changes to the Temporary Foreign Worker Program Coming is from PanCanadian Immigration Law

It is still a points system, and 67 points (out of a possible 100) is still required in order to apply to the program.  Points will be awarded for language, education, age work experience, arranged employment in Canada, and adaptability.

To be clear, you can not apply until May 4th, but you should definitely start taking steps now in order to get ready to apply.  For example, you should arrange for language testing as soon as possible, and getting your foreign educational credentials recognized in Canada (if applicable)  There will only be 5,000 applications accepted per year, and a maximum of 300 in any one of the listed occupations (below).

Minimum requirements in order to apply

The requirements aren’t a lot different from the previous program.  Applicants need at least one of the following:

• At least one year of work experience in one of the listed occupations (below);
• A qualified offer of arranged employment with a Canadian employer (the list of occupations does not apply here); or
• Eligible to apply through the PhD program.

Language requirements

In addition to the above, applicants must meet the new minimum language requirements: Canadian Language Benchmark 7 or Niveaux de compétence linguistique canadiens 7 in all four of listening, speaking, reading, and writing. To prove language proficiency, all applicants must take a third-party language test from one of the following:

Canadian English Language Proficiency Index Program;

International English Language Testing System (IELTS) and

Test d’évaluation de français.

The IELTS is the most commonly taken exam.  An applicant must score at least 6.0 on the IELTS General test in each of the four skills to meet the minimum language threshold of CLB 7.

Language testing results are good for two years.

Educational credentials

This is a new requirement of the skilled worker program.

The educational credential assessment process will help to determine if the foreign educational credential is authentic and equivalent to a completed credential in Canada.

At this time, four organizations are permitted to provide educational credential assessment reports for purposes of immigrating to Canada under the skilled worker program.  These are:

• Comparative Education Service: University of Toronto School of Continuing Studies;
• International Credential Assessment    Service of Canada;
• World Education Services; and,
• Medical Council of Canada.

Note that the Medical Council of Canada has been designated only for applicants who intend to apply with specialist physician  or general practitioner/family physician  as their primary occupation in their FSWP application.  However, neither occupation is on the eligible occupations list, so this will only apply to under the PhD stream or with a qualifying job offer.

You should contact the educational assessment organizations above for further information on their requirements, processing times and fees.

Educational credential assessments are good for 5 years.

Eligible Occupations

As mentioned above, the eligible occupations stream will have a cap of 5,000 applications and sub-caps of 300 applications in each of the 24 occupations on the list.  Remember you need at least one year experience in any of these occupations.  You can have additional experience in non-listed occupations as well to help increase your score.

The codes and descriptions can be found at the 2011 National Occupation Classification:

• 0211      Engineering managers
• 1112      Financial and investment analysts
• 2113      Geoscientists and oceanographers
• 2131      Civil engineers
• 2132      Mechanical engineers
• 2134      Chemical engineers
• 2143      Mining engineers
• 2144      Geological engineers
• 2145      Petroleum engineers
• 2146      Aerospace engineers
• 2147      Computer engineers (except software engineers/designers)
• 2154      Land surveyors
• 2174      Computer programmers and interactive media developers
• 2243      Industrial instrument technicians and mechanics
• 2263      Inspectors in public and environmental health and occupational health and      safety
• 3141      Audiologists and speech-language pathologists
• 3142      Physiotherapists
• 3143      Occupational Therapists
• 3211      Medical laboratory technologists
• 3212      Medical laboratory technicians and pathologists’ assistants
• 3214      Respiratory therapists, clinical perfusionists and cardiopulmonary      technologists
• 3215      Medical radiation technologists
• 3216      Medical sonographers
• 3217      Cardiology technicians and electrophysiological diagnostic technologists,      n.e.c. (not elsewhere classified)

I’ll be providing updates to the requirements for the federal skilled worker program as they become available.

New Federal Skilled Worker Guidelines Released is from PanCanadian Immigration Law

These videos are meant as general information and not legal advice – your situation is unique and may require a different approach to the forms.

If you find these videos useful, all I ask is that you link to them or share them on your social network. Thanks!

Video Tutorial: Supplementary Information Your Travels IMM5562 is from PanCanadian Immigration Law

Photo by Jimmy Emerson

When one thinks of a border between two countries, one imagines large gates or fences, tight security, a number of border officers and line-ups on either side.

However, this border is different.

Located at Stanstead, Quebec, and Derby Line, Vermont, the Haskell Free Library and Opera House straddles the Canadian and USA border.  In fact, the border between the two countries is indicated by a thick line on the floor across the library’s reading room.

Was this a mistake in construction, accidentally built where it was not supposed to be?

No – it was intentional.  It was built by Carlos Haskell (an American) and his wife Martha (a Canadian) for the use of both Canadians and Americans in 1904.  I very much doubt that an individual could secure building permits today to build a building that straddles the border.

So although interesting, how does this relate to Canadian immigration?

I often come across families who are divided by Canada/US border.  For example, perhaps the family members are from different countries and are not yet citizens in North America.  They may each be required to secure a visitor visa before traveling to Canada or the US, as the case may be.  And perhaps neither can secure such a visa, which means that neither can visit each other.

Or perhaps each family member has a minor criminal conviction (such as a DUI) that is preventing a border crossing.

Such family members could meet at the Haskell Library and spend time together, each on their respective sides of the line that demarcates the border between the two countries.  As neither family member is entering the other country, it is perfectly legal.  I suspect a hug across the line would likely be ok too.

It’s a situation that is more common than you might imagine, and the Haskell Library may be the only place where the family members get to see each other in person if neither is permitted entry into Canada and the US, respectively.

Now for those who think this library allows easy access to the other country, think again – there are border officers and border patrol at the Library to ensure nobody crosses the border who is not permitted to do so.

If you found this article interesting, please take a moment to link to it, or share it on your social network – thanks!

Meeting at the Border Without a Visa: The Haskell Free Library and Opera House is from PanCanadian Immigration Law

As I’ve written in this blog previously, Canada is moving towards having Canadian work experience prior to applying for permanent residence.

This is all fine and good, however, in the past, individuals working in Canada who applied for permanent residence often faced a major problem.  During the time their permanent residence application was being processed, their work permit could expire.

At that point, they had no right to keep working, and were at the mercy of HRSDC and whether their employer would receive another positive labour market opinion, and whether their new work permit application would be approved.

An application to remain as a visitor was always an option, but that meant not being able to work while the permanent residence application was in progress.  Otherwise, the individual would have to leave Canada, only to return after receiving permanent residence.

It made no sense.  Especially considering the fact that certain in-Canada applications entitles the individual to an open work permit.

That’s where the new bridging work permit comes in.

Who can apply for one?

A bridging open work permit is available to individuals resident in Canada who:

• Have applied for permanent residence under the Skilled Worker Program, the Canada Experience Class, a Provincial Nominee Program or under the Federal Skilled Trades Program.
• Have a valid work permit that will expire within 4 months.
• Have already received confirmation from CIC that the application has been received that that you are eligible under one of the above programs.

What does it do?

A bridging open work permit allows to work for any employer you wish, in any province, until a decision is made on your PR application.  There is an exception for those who applied under a Provincial Nominee Program – they have to work in the province that nominated them.

How do I apply for one?

As with other applications for those in Canada, you need to complete the Application to Change Conditions Form IMM5710, and apply for an open work permit.  Be sure to include all the required supporting documentation as well.

If you meet the criteria (and you have no medical or criminal admissibility issues), then your open work permit should be issued and you can continue working while waiting for your PR to come through.

Bridging Open Work Permits is from PanCanadian Immigration Law

In many checklists, the applicant is still told to include a medical receipt for a medical performed by a panel physician.  So you dutifully call a panel physician and make an appointment.  Maybe he or she even sent you an old Appendix C to complete and bring with you to the appointment.

When you arrive, he or she asks you if you have your forms from Citizenship and Immigration Canada.You state that you need the medical receipt to file the application.  This conversation could go on for some time.

Let’s hope that it didn’t get quite that far.  A good panel physician should advise you before you arrive that there is now a new system in place.  CIC has implemented the “Global Case Management System” which is pretty impressive.  For the first time, CIC has a single integrated computer system to manage all immigration and citizenship applications.  This system should mean faster processing times (in terms of efficiency with regard to data input and communication with applicants).

It also means that every applicant gets a unique client identifier number with a corresponding bar code.

How does this relate to sponsorship applications?

The old Appendix C system does not integrate well with the new GCMS. The new process requires sponsorship applicants to file their applications (either at Mississauga or Vegreville, depending on the type of application).  After they are received, then CIC will email customized forms to the applicant with – you guessed it – bar codes on those forms.

You then take these emailed medical forms to a panel physician for your medical.

Seems straightforward but there are some things you should watch for under this new system.

The most important thing is to provide an email address in your application form, and watch that email address (and the spam folder) so you see the forms come in.  You don’t want them sitting in your inbox or in a spam folder – that will delay your application.

An advantage of this new system is possibly one less medical you’ll have to take.  Medicals are only good for one year, and under the previous system of up-front medicals, the time between when the medical was taken and when the application was assessed often exceeded one year, which meant taking another expensive medical.

Under this new system, the medical is taken well after the file is in the queue, meaning it’s shelf life will be longer.

Finally, be sure not to let your panel physician talk you into using the old Appendix C system – it’s not being used any longer and I’ve run into some panel physicians lately who are unclear about the new process.

So now you can add medicals (along with criminal record checks) to the documents that you don’t need in order to file your application.  Rather, they can be added later in the process, after you get into the processing queue.

Things to Watch for in the New Medical Process for Sponsorship Applications is from PanCanadian Immigration Law

Ready to submit, right?

Wrong.

You need a cover letter.  Well, you don’t need one in the sense that it’s a required document, but it can sure help your application.  A visa officer is a human being, and a cover letter that sets the stage for your application puts him or her in a better mood, as all the pertinent facts are summarized right at the beginning, so he or she knows how to approach the file.

More importantly, a cover letter lets you put your most compelling facts or evidence before the visa officer from the outset.  It can make a positive impression on the officer, and hopefully that positive impression influences his or her review of your application.

But what do you put in a cover letter?

Here are the top XX things you should put in a cover letter.  I’m going to use a sponsorship application for a married couple as an example in this post (I’ll cover other applications in future posts).  These aren’t the only things (each cover letter is unique to an individual’s specific facts and exact category of immigration), but they are essential.

1) Names and dates

It’s a good idea to open your cover letter with the name of the sponsor (with “sponsor” after the name) and the principal applicant (with “sponsored spouse” after the name), including ages and  birth dates.  Include the category under which you are applying (“family class, spousal”) to immigrate, and the names, birth dates of any accompanying dependents.  This way, the visa officer knows (for example), that this is a family of four, with a male Canadian sponsor and one minor child applying for sponsorship.

2) In-Canada or Out-of-Canada

There are two processes for sponsorship.  Indicate if you are applying under the in-Canada or out-of-Canada stream.  Each uses different forms, and has different evidentiary requirements.

3) Ask for an opportunity to address outstanding issues

As an element of procedural fairness in immigration law, it is often the case that applicants should have an opportunity to address concerns that visa officers may have. Politely reminding the visa officer of this fact is a good idea, and it puts it on the record.

4) Summary of period before the wedding

Although you’ve provided some of this information in your forms, it is good practise to summarize it in the cover letter as well.  How did you meet? What did you do after meeting? What did your dating life look like? At what point did you get serious enough to consider marriage? Who proposed and when? How much time did you spend together before the wedding?

Why write all this information? You’re beginning to address the question of whether this is a genuine marriage or one made primarily for immigration purposes.  The more detail you have, the better.

5) Summary of wedding

Again, even though this information is in the forms, summarize it in your letter as well.  Where was it? Who attended? Religious or civil ceremony? Why?

You’re telling a story here that the visa officer can follow and understand.  Visa officers who follow and understand are more likely to approve if all the evidence is in order.

6) What happened after the wedding?

So you got married, great.  What happened next? If there was a honeymoon, describe it in detail.  If not, then give a compelling reason why.  Perhaps funds are tight, maybe one of you had to get back to work.  Whatever the reason, be sure to say something about the absence of a honeymoon.

7) Where do you plan to live after permanent residence is approved?

Permanent residence is not granted if the visa officer believes that the couple won’t immediately live together in Canada after permanent residence is approved.  So state that you plan to live at 123 Cherrywood Lane, Toronto, Ontario (or whatever your address is) as soon as permanent residence is approved.

This step is critically important for those couples living abroad, where a Canadian citizen is sponsoring his or her spouse and the sponsor does not reside in Canada.  In this case, you need a pretty detailed plan detailing why you won’t stay in your home country, why you want to move to Canada, and your detailed plan to move to Canada.  In fact, I often prepare affidavits and other evidence in this instance, as this is such a crucial part of the application.

These are seven essential elements of a cover letter for a sponsorship application to immigrate to Canada.  These are not the only elements – there may be many more depending on your unique circumstances and facts about your case.

7 Essential Elements In a Sponsorship Cover Letter is from PanCanadian Immigration Law