Author: alexi Dubois

Inadmissibility on Grounds of Inadmissible Family Member

Immigrating to Canada or seeking to enter Canada as a temporary resident or pursuant to a temporary resident visa is often a family affair. However, the provisions governing inadmissibility codified in the Immigration and Refugee Protection Act (“IRPA”) can result in family members being inadmissible to Canada based on one of their family members being inadmissible to Canada on one or more of the grounds of inadmissibility listed in sections 34 to 41 of the Act. Exceptions to these inadmissibility provisions exist, but it will generally not be possible for a foreign national deemed inadmissible on the basis of an inadmissible family member to obtain permanent residency in Canada. The present article discusses these matters in greater detail.

Inadmissibility based on an admissible member is governed by sections 42(1) and 42(2) of the IRPA. These provisions only apply to “foreign nationals,” and therefore not to Canadian citizens, permanent residents, or protected persons. Note that a protected person refers to a person to whom refugee protection has been conferred under IRPA, s. 97 or 114(a).

Section 42(1) provides for two forms of inadmissibility based on an inadmissible family member. These two forms of inadmissibility are governed by paragraphs 42(1)(a) and (b) of the IRPA, respectively.

IRPA, Paragraph 42(1)(a)

First, paragraph 42(1)(a) renders inadmissible to Canada a foreign national – other than a protected person – if their accompanying family member or non-accompanying family member is inadmissible. In other words, a foreign national who is otherwise admissible to Canada is inadmissible to Canada if their accompanying or non-accompanying family member is inadmissible one or more grounds listed in sections 34-41 of the IRPA.

Accompanying Family Member

An accompanying family member is a family member who is physically present and accompanying the foreign national either at the time of seeking to enter Canada or who was allowed to enter Canada with the foreign national. The inadmissibility of the foreign national’s accompanying family member can be determined at the time of seeking entry into Canada in circumstances when one or more grounds of inadmissibility can be established then. The inadmissibility of the foreign national’s accompanying family member can also be established after their entry into Canada. For example, the accompanying family member may have been admissible at the time of their entry into Canada, but subsequently became inadmissible due to having engaged in conduct or otherwise falling into one or more categories of inadmissibility listed in s. 34-41 of the IRPA and having had a declaration of inadmissibility made by the Immigration Division or the Minister of Public Safety and Emergency Preparedness.

Non-accompanying Family Member

A non-accompanying family member is a family member who is not physically present with the foreign national at the time of seeking to enter Canada and/or who did not accompany them into Canada upon been allowed to enter. Non-accompanying family members are often the family members of foreign nationals who have already entered Canada and who subsequently seek to enter Canada, either alone or with other family members other than the family member who has already entered Canada. As a result, a foreign national who already in Canada is rendered inadmissible to Canada if their non-accompanying family member is inadmissible to Canada.

IRPA, Paragraph 42(1)(b)

Second, paragraph 42(1)(b) renders inadmissible to Canada a foreign national – other than a protected person – if they are the accompanying family member or non-accompanying family member of a foreign national who is inadmissible to Canada. In other words, a foreign national who is otherwise admissible to Canada is inadmissible to Canada if they are the accompanying or non-accompanying family member of a foreign national who is inadmissible one or more grounds listed in sections 34-41 of the IRPA. Note that the definition of “foreign national,” “accompanying family member” and “non-accompanying family member” are the same as those discussed under IRPA , Paragraph 42(1)(a), above.

Exceptions to IRPA, Paragraphs 42(1)(a) and (b): temporary resident

Section 42(2) of the IRPA provides for limited exceptions to the application of paragraphs 42(1)(a) and (b). These exceptions only apply to a foreign national who is either a temporary resident, has made an application for temporary resident status or an application to remain in Canada as a temporary resident.

The temporary resident exception refers to a foreign national who has already been granted a temporary resident visa and is present in Canada. The exception pertaining to a foreign national who has made an application for temporary resident status refers to a foreign national who has not yet entered Canada as a temporary resident but seeks to do so. The phrase “who has made an application” indicates that the exception applies to this category of foreign national from the moment the application has been filed and even if it has yet to be decided. The exception for a foreign national who has made an application to remain in Canada is confined to foreign nationals who already physically present in Canada at the time of filing their application to “remain in Canada as a temporary resident”

If the foreign national falls within any of these three categories, paragraph 42(2)(a) provides for an exception to s. 42(1)(a) pursuant to which a foreign national is only inadmissible on the basis of an inadmissible accompanying or non-accompanying family member if that family member is inadmissible to Canada on grounds of security (section 34), human or international rights violations (section 35), sanctions (section 35.1), or organized criminality (section 37). Paragraph 42(2)(b) provides for an exception to 42(1)(b) pursuant to which a foreign national is not inadmissible to Canada if they are an accompanying or non-accompanying family member of a foreign national who is inadmissible to Canada on grounds other than those listed in sections 34, 35, 35.1 or 37

Importantly, however, the exceptions only apply in the specific case of temporary resident visas and do not impact the inadmissibility provisions for permanent resident visa applicants.

As a result, a foreign national who holds a temporary resident visa, has applied for one to enter Canada, or to remain in Canada will be inadmissible to Canada and generally unable to be conferred permanent resident status based on being or having an accompanying or non-accompanying family member who is inadmissible to Canada even if the grounds of inadmissibility fall outside sections 34, 35, 35.1 or 37 of the IRPA. This would be the case for a foreign national who applies for permanent resident status and who is or has an accompanying or non-accompanying family member who is inadmissible for serious criminality (section 36(1)) or criminality (section 36(2)).

A finding of inadmissibility is significant, as the Immigration Division or Minister will issue a removal order against the foreign national and their accompanying family members or the family members they are accompanying. However, under Rule 227(2) of the Immigration and Refugee Protection Regulations, a removal order made by the Immigration Division is also a removal order against their family members in Canada only under two conditions. First, an officer of the Canada Border Services Agency must have informed the family members of the inadmissibility report made against their accompanying family member or against the family member they are accompanying and of their right to make submissions and be represented at the admissibility hearing. Second, the Immigration Division’s decision concluding in the inadmissibility of the family member accompanying the foreign national, or who the foreign national accompanies, also concludes that each of their family members is inadmissible pursuant to s. 42 of the IRPA.

Solutions

Recourses and solutions exist for foreign nationals deemed inadmissible to Canada on grounds of an inadmissible family member. For comprehensive support and guidance through this complex process, consider partnering with Hasa Attorneys. Our experience in immigration law ensures that every step of your journey is navigated with precision and care, maximizing your chances of a favourable outcome and a new beginning in Canada.


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A Guide to Sponsorship in Canada: Who, how and when to sponsor?

Hasa Attorneys, a distinguished law firm with profound expertise in Canadian immigration law, specializes in facilitating the complex process of family sponsorship. Our commitment is to provide clients with personalized and thorough legal guidance, ensuring a seamless journey towards family reunification in Canada.

Understanding Family Sponsorship

Family sponsorship is a cornerstone of Canada’s immigration policy, designed to reunite families. This program allows Canadian citizens and permanent residents to sponsor eligible family members, including spouses, common-law partners, dependent children, and parents or grandparents, to become permanent residents of Canada. The program underscores the value of family and aims to strengthen the social and cultural fabric of Canadian society.

Quebec Application Caps

The Quebec government has implemented a cap on the number of family sponsorship applications that will be accepted until June 2026. A limited number of applications will be considered, so it is crucial to submit your sponsorship application as soon as possible. The imposed caps are as follows:

  • A total of 13,000 applications will be accepted from June 26, 2024, to June 25, 2026.
  • A maximum of 2,600 applications will be accepted for parents and grandparents.
  • A maximum of 10,400 applications will be accepted for spouses, common-law partners, and dependent children.

Once the maximum number of applications is reached, no additional applications will be processed until June 2026. The period for submitting family sponsorship applications is limited, and we anticipate that capacity will soon be reached. We strongly encourage potential sponsors to complete and submit their applications immediately to ensure their application is processed before the cap is reached.

Categories of Family Sponsorship

  • Spouses, Common-law partners, and their dependent Children:
    • The sponsor must be at least 18 years old, a Canadian citizen, permanent resident, or a person registered under the Canadian Indian Act. The relationship between the sponsor and applicant must be genuine and not primarily for the purpose of immigration.
    • The relationship must be genuine and not primarily for the purpose of immigration.
    • Common-law partners must provide proof of a minimum of 12 consecutive months of cohabitation, unlike spouses.
    • Dependent Children of the spouse or common-law partner must be under the age of 22 and not have a spouse or common-law partner, or over 22 and financially dependent on their parents due to a physical or mental condition.
  • Parents and Grandparents:
    • Sponsors must meet minimum income requirements to ensure they can support their sponsored family members for a period of 20 years.
    • The sponsorship agreement includes an undertaking to provide financial support and basic requirements for the sponsored family members.
  • Dependant Children:
    • You can sponsor your dependent children, whether natural or adopted, to live with you as permanent residents in Canada. Children must be under 22 years old and unmarried or, if over 22, they must have a condition that prevents them from supporting themselves​​.
  • Dependent Children of the spouse or common-law partner:
    • Must be under the age of 22 and not have a spouse or common-law partner, or over 22 and financially dependent on their parents due to a physical or mental condition.

Sponsorship from Within Canada

Sponsoring a family member from within Canada, also known as “inland sponsorship,” allows the sponsored individual to reside in Canada while their application is being processed. This type of sponsorship offers the possibility to work or study legally in Canada during the processing of the application under certain conditions. It is particularly essential that the sponsored individual has maintained a legal status in Canada, whether as a visitor, student, or worker at the time the application is submitted.

Family members sponsored from within Canada may benefit from certain temporary resident permits, such as:

  • Open Work Permit: Sponsored spouses or common-law partners can apply for an open work permit. This allows them to work for any employer in Canada while their permanent residence application is being processed.
  • Study Permit: Sponsored dependent children can apply for a study permit to attend school in Canada. This provides them the opportunity to continue their education without interruption while awaiting the outcome of the sponsorship application.

Sponsorship from Outside Canada

Sponsorship from outside Canada applies to family members living abroad. Applications submitted through this route are generally processed by visa offices abroad. The sponsored individual will have to wait for the approval of the application before they can move to Canada as a permanent resident. This process can be longer than inland sponsorship, but it also allows the sponsored individual to stay with their loved ones in their home country during the processing of the application.

Application Process

The application process for family sponsorship involves several detailed steps, including eligibility assessment, gathering necessary documentation, and submission of the application. Hasa Attorneys will guide clients through each step:

  • Personal Assessment of Eligibility: Sponsors must first ensure they meet the eligibility criteria, including age, financial stability, and residency status.
  • Gathering Documentation: Essential documents include proof of relationship, financial records, and legal identification.
  • Submission of Application: Applications must be submitted to Immigration, Refugees, and Citizenship Canada (IRCC), along with the required fees and supporting documents.
  • Governmental Assessment: The application undergoes a thorough review process, where the eligibility of both the sponsor and the sponsored individual is verified.
  • Approval: Upon successful assessment, the sponsorship application is approved, moving the process to the next phase.

Importance of Supporting Evidence for the Application

Providing strong evidence is essential for the success of a family sponsorship application. The evidence must demonstrate:

  • Financial Capability of the Sponsor: Bank statements, proof of income, and employment letters to prove the ability to support the sponsored person.
  • Compliance with Eligibility Criteria: Identity documents, marriage certificates, proof of cohabitation, and other relevant documents.
  • Authenticity of the Relationship for Spouses and Common-law Partners: Photographs, correspondence, testimonies, and proof of cohabitation, if applicable.

Ensure that all evidence is clear, complete, and well-organized to avoid delays or refusals.

Quebec-Specific Considerations

Sponsorship within Quebec comes with specific obligations towards both the government and the sponsored individual. Sponsors enter into a contractual commitment with the Quebec government, ensuring that the sponsored family members will not become a financial burden on the society.

Once the sponsor’s eligibility is confirmed by Immigration, Refugees, and Citizenship Canada (IRCC), the process in Quebec proceeds to the following steps:

  • Guarantor’s Application: For sponsorships in Quebec, the sponsor must submit a commitment application to the Ministry of Immigration, Francisation, and Integration (MIFI). This step includes signing a commitment contract to financially support the sponsored person.
  • Quebec Selection Certificate (CSQ): To obtain a CSQ for spousal sponsorship in Quebec, you must first receive confirmation from IRCC that your federal spousal sponsorship application’s sponsor eligibility has been approved. The Ministry of Immigration, Francisation, and Integration (MIFI) evaluates the commitment application. If approved, the sponsored person receives a CSQ, which is essential for the permanent residence application.

Once the CSQ is obtained, the application will continue to be processed at the federal level for the issuance of permanent residence.

The Minimum Necessary Income for sponsors in Quebec:

In Quebec, the Minimum Necessary Income for sponsors depends on the family size, including both the sponsor’s own family and the sponsored persons. These numbers change and are routinely updated by the Quebec Government, but here are the numbers as of June 2024. The basic income required is $28,242 for a single individual. That amount increases with each additional family member being sponsored. For sponsoring persons under 18, an additional amount of $9,776 for one person and $15,493 for two is required, with an increment of $5,166 for each additional minor. For more details, you can visit the official Quebec government website.

Integration into Quebec society

For integration into Quebec society, the Government emphasises the importance of understanding French and adapting to Quebec’s social norms. It suggests prospective residents should enhance their French language skills for effective communication and integration into the local community. Additionally, adapting to Quebec involves familiarizing oneself with the province’s culture, values, and societal expectations to ensure a smooth transition into the community. For more detailed guidance on these aspects, the document recommends specific resources and programs available for newcomers in Quebec.

Fees and Estimated Time

  • Application Fees: Fees vary based on the category of sponsorship and the number of individuals being sponsored. It’s crucial to check the latest fee schedule on the official IRCC or Quebec immigration websites.
  • Processing Times: The time it takes to process a sponsorship application can vary significantly based on several factors, including the category of sponsorship, the volume of applications received, and the specific requirements of the Quebec immigration process.

Navigating the family sponsorship process, especially within Quebec, requires a thorough understanding of the legal obligations, application steps, and associated costs. Hasa Attorneys provide expert guidance throughout this journey, ensuring a smooth and informed pathway to family reunification in Canada. If you would like to discuss your sponsorship application further, please contact us to book a consultation.

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The Asylum Application Process in Canada Explained by Hasa Attorneys

Welcome to Hasa Attorneys, a distinguished immigration law firm nestled in the heart of Montreal. Specializing in immigration, we strive to guide asylum seekers through a sometimes complex process. Our dedicated team combines experience and compassion, ensuring each client receives personalized and effective legal support. In this article, we will explore the journey of asylum seekers in Canada, highlighting eligibility criteria and the various steps leading to protected person status.

Understanding Refugee Status in Canada

In Canadian and international law, a refugee is defined as someone who is outside their home country or the country they normally live in and is unable to return due to a well-founded fear of persecution based on race, religion, political opinion, nationality, or being part of a particular social group. Refugee status in Canada is granted to those meeting that definition of a refugee. It also applies to persons in need of protection, who would face dangers such as torture, or risk to life, or cruel treatment if returned to their home country. This status offers crucial legal protection, preventing individuals from being sent back to situations where their safety and rights are at risk.

Eligibility for Refugee Status

Gaining refugee status in Canada involves a nuanced process that carefully evaluates an individual’s circumstances against specific eligibility criteria. To embark on this journey, understanding these prerequisites is vital:

  • Presence within Canada: Initiating a refugee claim mandates your presence within Canadian borders, ensuring you are not subject to any removal orders.
  • People who are not eligible:
    • Refugees must not have received protection or refugee status from another country they can return to. Those who have already been granted protected person status in Canada are ineligible. Claims made at the Canada-United States border, following the Safe Third Country Agreement, generally do not qualify.
    • Previous unsuccessful or withdrawn refugee claims in Canada or other countries can affect eligibility.

Navigating through these criteria requires a deep understanding of legal nuances and the implications of each condition. It’s not just about meeting the basic requirements but about clearly articulating the threats and persecutions faced in the country of origin, aligning with Canada’s protective stance for human rights.

The Asylum Claim

Applying for refugee status in Canada is a critical step toward protection and safety for those fleeing persecution. The process is designed to be accessible, offering two main avenues for making a claim: at a port of entry upon arrival in Canada, or from within Canada if you have already entered the country.

At a Port of Entry

Upon arrival at any Canadian port of entry—be it an airport, seaport, or land border—you are entitled to make a claim for refugee protection. This process starts with an eligibility interview conducted by an officer from the Canada Border Services Agency (CBSA), during which you’ll complete an application package and provide necessary biometrics like fingerprints and photographs.

  • Documentation and Further Instructions:
    • Normally, you’ll fill out the provided forms on the spot. However, there may be instances where the CBSA officer schedules a future interview at the port of entry or an inland office.
    • In such cases, you’ll receive an information pamphlet, an acknowledgment of claim letter which facilitates access to the Interim Federal Health Program and other services and instructions for completing a medical exam.
  • Online Completion: In certain situations, you may be directed to complete your claim online, using the application number and interview location details provided by the officer.

After Arriving in Canada

This section outlines the steps for making a claim from within Canada, emphasizing the importance of a complete application, the online submission process, and the role of representatives in assisting with the application. Whether you’ve recently arrived or have been in the country for some time, understanding this process is key to successfully navigating the Canadian refugee claim system.

  • Complete the Application: If opting to make a claim after your arrival, a complete application is necessary, encompassing all supporting documentation and the BOC Form.
  • Online Submission: The preferred method for submitting your claim is online, where you’ll need a scanner or camera to create electronic copies of your documents and an online account for submission and status checks. If online submission is not feasible, a paper-based claim can be requested within Canada.
  • Assistance from a Representative: Should you have a representative aiding in your claim, they can assist in or directly submit the claim on your behalf.

Arguing your case

Once submitted, if deemed eligible, your claim will be referred to the Refugee Protection Division (RPD). You will receive a Refugee Protection Claimant Document and a Confirmation of Referral letter, along with the Claimant’s Guide for further steps.

Basis of Claim (BoC)

A crucial next step is submitting a completed Basis of Claim (BOC) Form for each family member within 15 days of referral​​. When applying for refugee status in Canada, articulating the foundation of your claim is pivotal. The Basis of Claim (BoC) Form is an important document that enables you to outline your background, family circumstances, and the specific reasons you’re seeking refugee protection. This form is designed to capture the essence of your claim through detailed inquiries. Key Sections of the BoC form include:

  • Who You Are: This initial section is where you provide essential personal details such as your date of birth, gender, nationality, religion, and languages spoken. This foundational information sets the stage for understanding your unique identity and background.
  • Details About Your Claim & Why You Are Claiming Refugee Protection in Canada:
    • The heart of the BoC Form lies in explaining the reasons behind your claim for refugee protection. This portion is structured to draw out a comprehensive narrative of your experiences and fears. You’re encouraged to delve into specifics, detailing the harm, mistreatment, or threats you believe you’d face upon returning to your country. The form’s design, with leading questions, guides you to uncover and articulate the core issues driving your claim for asylum.
    • The narrative should encompass broad aspects that paint a clear picture of your situation and address more pointed questions that validate the legitimacy of your claim. For instance, queries like “If you returned to your country today, do you believe you would experience harm or mistreatment or threats?” compel you to reflect deeply and justify your need for protection.

Providing a thorough and honest account within the BoC Form is not just about fulfilling a procedural requirement; it’s about conveying your story in a manner that underscores the urgency and legitimacy of your plea for refuge. This documentation is pivotal in the assessment process, where the details of your narrative can significantly influence the outcome of your claim​​.

Gathering and Submitting Evidence

When making a refugee claim in Canada, substantiating your claim with concrete evidence is crucial. This evidence provides the Immigration and Refugee Board (IRB) with the necessary context to assess your claim accurately. Here’s how to gather and submit this vital information:

  • Detailed Narratives: Alongside formal documents, a written account of your experiences, including dates, places, and people involved, can significantly strengthen your case. These narratives should align with the information provided in your Basis of Claim (BoC) Form.
  • Document Everything: Ensure you collect all relevant documents that can support your claim. This might include identity documents, police reports, medical records, witness statements, or any other evidence that corroborates your narrative of persecution or danger.
  • Legal and Country Information: Including legal documents, human rights reports, and information on the conditions in your country can help contextualize your claim, especially if they relate to your specific circumstances.

Remember, the quality and relevance of your evidence can significantly impact the outcome of your claim. It’s not just about the quantity of documents but their ability to convincingly illustrate your need for protection under Canada’s refugee and asylum laws.

Attending Your Hearing

The refugee hearing is a pivotal moment in the application process, offering you the platform to present your case in detail. This section provides an overview of what to expect during the hearing and how to prepare effectively. Here is what you can expect at your hearing:

  • Participants: The hearing will typically include a Member of the Immigration and Refugee Board (IRB), yourself, any family members claiming refugee status, and possibly an interpreter, your legal counsel, a minister’s representative from IRCC, and support people like close friends or family​​​​.
  • Privacy: Hearings usually last half a day and are conducted in private to protect your privacy, unless a request is made for a public hearing​​​​.
  • IRCC and CBSA Involvement: The Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA) may participate in the hearing to challenge your credibility or argue for exclusion from refugee protection​​​​.
  • Decision: While the decision may sometimes be provided orally at the hearing’s conclusion, it’s more common to receive a written notice of the decision afterward, detailing the IRB’s reasoning​​​​.

Proper preparation, along with gathering substantial evidence are key to articulating your case compellingly.

Receiving Your Decision

After your refugee hearing, the process of awaiting a decision begins. This crucial phase determines the next steps in your journey towards safety and residency in Canada. Here’s an overview of what happens post-hearing and the possible outcomes you might face.

Post-Hearing Process

  • Immediate Feedback: In some instances, the Immigration and Refugee Board (IRB) member might provide an oral decision at the conclusion of the hearing, giving you immediate insight into the outcome of your claim.
  • Written Notice: Regardless of whether an oral decision is provided, you will receive a written notice of the decision post-hearing. This document will detail the IRB’s decision, including reasons for a negative outcome if applicable​​.

Possible Outcomes:

Outcomes can be broadly categorized as negative or positive.

  • Positive Decision: A positive decision grants you Convention Refugee status, paving the way for you to apply for permanent residency in Canada. It’s important to note that the Government of Canada retains the right to appeal positive decisions to the Refugee Appeal Division.
  • Negative Decision: If your claim is denied, you will have the option to appeal to the Refugee Appeal Division (RAD), except in specific cases where this right is not available. Should an appeal at the RAD not be available or if your appeal at the RAD is unsuccessful, you can file a notice for leave and for judicial review at the Federal Court. While you have an appeal at the RAD or an application for leave and for judicial review at the Federal Court in process, you will not be removed from Canada.

After You Apply

After submitting your refugee claim in Canada, there are several important steps and options to consider as you await the decision. This period involves managing your existing documents, exploring work and study opportunities, and ensuring your claim remains secure against fraud.

Work and Study Permits

Both work and study permits represent avenues through which refugee claimants can constructively engage and integrate into Canadian society during the processing period of their claims. It’s essential to stay informed about the application processes for these permits to make the most of your time in Canada while awaiting your claim’s outcome.

  • Work Permits: While waiting for a decision on your refugee claim, you may be eligible for a work permit. This can be requested at the same time as your claim if you apply at a port of entry. If your claim is submitted online, you can also request a work permit within the application. Eligibility for a work permit typically depends on the referral of your claim to the Immigration and Refugee Board (IRB) and completion of your medical exam​​.
  • Study Permits: Unlike work permits, study permits must be applied for separately from your refugee claim. If you’re interested in studying during your wait, it’s important to understand the eligibility criteria and application process for obtaining a study permit​​.

For comprehensive support and guidance through this complex process, consider partnering with Hasa Attorneys after you have made your claim as a refugee. Our experience in immigration law ensures that every step of your journey is navigated with precision and care, maximizing your chances of a favorable outcome and a new beginning in Canada.

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Explaining the Canadian Study Permit Process:  A Guide by Hasa Attorneys

Welcome to Hasa Attorneys, nestled in the vibrant core of Montreal, a city celebrated for its academic excellence. Our firm stands as a pillar of legal acumen, specializing in unwinding the complex skein of Canadian immigration law for international students. We pride ourselves on crafting bespoke solutions that cater to the unique educational ambitions of our clients, bolstered by our comprehensive understanding of immigration legislation and procedures.

Understanding Canadian Study Permits

A Canadian study permit is the golden ticket for international students, a crucial document that legally endorses their academic pursuits in Canadian institutions. This permit is the bedrock of their academic journey, ensuring their educational endeavors are in line with Canada’s immigration standards.

The Canadian Educational Landscape

Canada’s educational landscape is a rich mosaic, beckoning students with its inclusive ethos and globally recognized academic credentials. It is a nurturing ground for innovation and intellectual growth, offering a wealth of opportunities for personal and scholarly development.

Types of Study Permits

The study permit system is designed to reflect the diverse academic pathways of students:

  • Regular Study Permits: Intended for those enrolled in programs exceeding six months.
  • Short-Term Study Permits: For shorter courses, which may necessitate an eTA or Visitor Visa.

Specialized Study Provisions

In line with its flexible immigration policies, Canada provides specific provisions for students under various scenarios:

  • Work While Studying: Certain students are allowed to work part-time to complement their academic experience.
  • Post-Graduation Work Permits: After completing studies, graduates may obtain work permits to gain professional experience in Canada.

Steps to Obtaining a Study Permit

For students applying for a study permit from outside of Quebec, the process is managed by Immigration, Refugees and Citizenship Canada (IRCC) and does not require a Certificate of Acceptance of Quebec (CAQ). Here are the key steps you would need to follow:

  • Acceptance by a Designated Learning Institution: You must be accepted by a recognized educational institution in Canada and receive a letter of acceptance.
  • Gather Required Documents: This includes proof of identity, acceptance, financial support, and any other documents required by your local visa office or the IRCC.
  • Complete Application Forms: Fill out the necessary immigration forms for a study permit.
  • Medical Exam: You might need to pass a medical exam as part of the application.
  • Application Submission: Apply online through the IRCC portal, or by paper application if you cannot apply online.
  • Biometrics: You may be required to give biometrics (photo and fingerprints) after you apply.
  • Study Permit Approval: If approved, you’ll receive a Letter of Acceptance.
  • Temporary Resident Visa or Electronic Travel Authorization (eTA): Depending on your country of citizenship, you may also need a TRV or eTA to travel to Canada.

Additional Steps to Study in Quebec

Studying in Quebec involves additional considerations, given its unique cultural and linguistic heritage. Accordingly, if applying to study in Quebec you will need to follow the following steps:

  • Apply for a CAQ: Students must secure a CAQ through Immigration Quebec.
  • Compile Required Documents: Alongside the CAQ application, students must submit a detailed study plan and proof of acceptance from a Quebec institution.
  • Dual Approval: Gain concurrence from both the Quebec government and the federal immigration authorities.
  • Apply for a Study Permit: Following the CAQ approval, students can proceed to apply for a study permit.

Preparing for Studies in Canada

Prospective students should prepare for their academic journey by acquainting themselves with Canada’s cultural and educational systems, language proficiency requirements, and financial planning for their studies.

Settling in Canada as a Student

The transition to student life in Canada encompasses finding accommodation, understanding healthcare, and engaging with campus life. Canadian educational institutions offer extensive resources to help international students settle in.

Hasa Attorneys is your steadfast guide through the Canadian study permit process. Whether you’re planning to study in Quebec or another province, we offer the know-how to ensure a smooth and successful academic journey. Contact Hasa Attorneys for a detailed consultation and begin your educational adventure in Canada with a team that is committed to your success.


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The Consequences of a Criminal Record on your Immigration Process in Canada

To determine the issues related to your immigration status following a criminal charge, the first step is to determine your immigration status. There are several types of statuses in Canada, the main ones are:

  • Citizens: These are individuals who hold Canadian citizenship.
  • Permanent Residents: individuals who have received permission from the government to reside permanently in Canada. A resident can apply to become a Canadian citizen if they meet all the required conditions; this is the last “step” before obtaining Canadian citizenship.
  • Temporary Residents: individuals who have received permission to reside in Canada for a limited period. Temporary residents include those holding a visitor visa, a study permit, or a work permit. Once the authorized stay period expires, temporary residents must leave the country (unless they have initiated new procedures).
  • Asylum Seekers: individuals who have applied for protection as refugees and are awaiting a decision on their application.
  • Protected Persons: asylum seekers who have received a positive decision from the Immigration Section and are thus considered protected persons.
  • Foreigners: any person in Canada not included in the previous categories.

Except for citizens, all the above categories are subject to the Immigration and Refugee Protection Act (IRPA) and particularly to the provisions of Section 36 and subsequent sections.

Types of Criminal Offenses:

In Canada, the Criminal Code provides for several types of offenses: purely summary, purely indictable, and hybrid. Hybrid offenses can be prosecuted either summarily or by indictment, depending on the prosecutor’s choice (the Crown attorney).

Section 36(3) of the Immigration and Refugee Protection Act states that in the case of a hybrid offense, it is treated as an indictable offense regardless of the chosen mode of prosecution. Thus, regardless of the mode of prosecution, when an offense is hybrid, it will be presumed, for immigration purposes, to have been prosecuted by indictment even if, in reality, the chosen mode of prosecution was summary. This has significant impacts on your immigration status.

Consequences of a Criminal Conviction Depending on Your Status in Canada:

The consequences of a criminal conviction depend based on your status in Canada. The following is a detailed explanation of the consequences of a conviction for depending on your status.

Temporary Residents:

Section 36(2)(a) of the Immigration and Refugee Protection Act states that a temporary resident becomes inadmissible to Canada for criminality if:

  • 36(2) A foreign national is inadmissible on grounds of criminality for:
    • (a) having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence

Thus, a temporary resident will be inadmissible following a conviction for a purely criminal or hybrid offense under the Criminal Code or a conviction for two offenses (even purely summary) not arising from the same set of facts.

Additionally, Section 36(1)(a) of the IRPA states that a temporary or permanent resident becomes inadmissible to Canada for serious criminality in two scenarios:

  • 36 (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for
    • (a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed

The term “punishable by a maximum term of imprisonment of at least 10 years” refers to any offense for which a person is “liable to imprisonment” for 10 years or more.

This first criteria is not based on the actual sentence imposed by the court but rather on the maximum sentence the offender is liable to.

The second criteria of Section 36(1)(a) states that a temporary or permanent resident will be inadmissible for serious criminality if the imposed sentence, regardless of the offense, is more than six months of imprisonment.

Permanent Residents:

Permanent residents are subject, like temporary residents, to Section 36(1)(a) of the IRPA regarding inadmissibility to Canada for serious criminality.

A conviction for an offense punishable by a term of imprisonment of 10 years or a sentence of more than six months of imprisonment will result in the inadmissibility of the permanent resident.

Unlike temporary residents and asylum seekers, permanent residents have the right to appeal the removal order before the Immigration Appeal Division to present humanitarian grounds, such as the degree of establishment or the best interests of the child.

However, if a sentence of 6 months or more is imposed on a permanent resident for an offense with a maximum sentence of 10 years or more, they will have no recourse to contest the removal order before the Immigration Appeal Division.

Asylum Seekers:

Asylum seekers are subject, like permanent residents, to Section 36(1)(a) of the IRPA regarding inadmissibility to Canada for serious criminality.

Section 101 of the IRPA states that an asylum claim is inadmissible for criminality if:

  • 101 (1) A claim is ineligible to be referred to the Refugee Protection Division if:
    • (f) the claimant has been determined to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality.
  • 101 (2) A claim is not ineligible by reason of serious criminality under paragraph (1)(f) unless
    • (a) in the case of inadmissibility by reason of a conviction in Canada, the conviction is for an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

Accordingly, an asylum claim will be considered inadmissible if the claimant is convicted of an offense with a maximum sentence of 10 years or more. An asylum seeker will not be able to be heard by the Refugee Protection Division to determine if they are a protected person.

In case of a conviction, the asylum seeker will be inadmissible, and a deportation order will be issued against them.

Furthermore, proceedings before the Refugee Protection Division are suspended when an asylum seeker is charged with a serious criminal offense pending the outcome of the criminal proceedings.

Example:

If a person is charged with impaired driving, they will be charged under Section 320.14 of the Criminal Code for driving a vehicle while their ability to operate it is impaired to any degree by alcohol, a drug, or a combination of both.

Section 320.19 of the Criminal Code provides the applicable mode of prosecution:

320.19 Punishment

  • (1)  Every person who commits an offence under subsection 320.14(1) or 320.15(1) is guilty of,
    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of,
      • (i) for a first offence, a fine of $1,000,
      • (ii) for a second offence, imprisonment for a term of 30 days, and
      • (iii) for each subsequent offence, imprisonment for a term of 120 days; or
    • (b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,
      • (i) for a first offence, a fine of $1,000,
      • (ii) for a second offence, imprisonment for a term of 30 days, and
      • (iii) for each subsequent offence, imprisonment for a term of 120 days.

The offense of impaired driving by alcohol is thus a hybrid offense that could, depending on the circumstances, be prosecuted either summarily or by indictment. The IRPA specifies that such an offense is treated as an indictable offense regardless of the chosen mode of prosecution. Thus, regardless of the actual mode of prosecution in your case, when an offense is hybrid, for immigration purposes, it will be presumed that you are prosecuted by indictment even if, in fact, the chosen mode of prosecution was summary.

In the case of the offense of impaired driving, under Section 320.19 of the Criminal Code, the penalty for the offense prosecuted by indictment is a maximum term of imprisonment of 10 years.

It is therefore an offense of serious criminality referred to in Section 36(1) of the IRPA.

A conviction for impaired driving will result in inadmissibility for permanent residents, temporary residents, and asylum seekers, as it is an offense punishable by a maximum term of imprisonment of 10 years.

Conclusion:

Each case is unique, and our team of experienced criminal and immigration law lawyers possesses the expertise and qualifications to assist and advise you in a often stressful process.

We invite you to contact our firm to obtain information that may be relevant to your situation.

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The record Suspension Request, Formerly a Pardon Application

28-5-24  Criminal Law,Pardon

In Canada, once a person has been found guilty of a criminal infraction (depending on the sentence imposed in the file) the information of said person will be kept in the Canadian Police Information Center database, that constitute a criminal record.

The existence of a criminal record can have an impact in terms of immigration, on the employment field and restrict one’s ability to travel.

Someone with a criminal record can, under certain specific condition, present to the Parole Board of Canada a request for a record suspension in order to remove his criminal record from the Canadian police information center database.

Depending on the date the first infraction has been committed, the request can be called a record suspension or a pardon application.

Pardon applications (or record suspensions for any offense committed after March 13, 2012) are governed by the Criminal Records Act (the Act).

Section 4 and subsequent sections of the Act specify restrictions on record suspension applications, including the waiting period to be observed and the eligible offenses.

General admissibility

Each situation requires a particular analysis however summarily you will not be eligible to a record suspension if:

  • You have been convicted of more than 3 criminal acts;
  • You have been convicted to a prison term of 2 years or more;
  • You were convicted of certain offenses listed in Schedule 1 of the Act, such as sexual offenses against children and you do not meet the exception criteria.

If your file concluded in an acquittal or a withdraw of accusation or if you have obtained as a sentence a discharge (conditional or unconditional) you do not need to request a record suspension as a criminal record is not created in those circumstances. You also do not need to request a record suspension if you have only been convicted in a youth court or a youth justice court, your record will be destroyed or archived once all applicable time period have elapsed under the Young Offenders Act or the Youth Criminal Justice Act.

Applicable delay to respect before presenting a request

Once eligibility for a record suspension request is preliminarily confirmed, the applicable waiting period before making the request must be determined.

The waiting period before you can request a suspension of your criminal record depends on several criteria, namely:

  • Whether the offense you were found guilty of was prosecuted by indictment or by summary procedure;
  • The date when the first offense was committed;

As mentioned, the appropriate waiting period will vary depending on the date when the first offense was committed. Below, you will find the applicable rules according to the date of the offense commission:

Date when the infraction was comitted:Your first infraction was committed on or before June 28 2010 :Your first infraction was committed between June 29 2010 and March 12 2012 :Your first infraction was committed on or after March 13 2012 :
Name of the procedure:PardonPardonRecord suspension
Delay if the case was handled by summary conviction:3 years3 years5 years
Délai si le dossier a été pris par mise en accusation (acte criminel) :5 years5 years10 years
  10 ans : Infraction grave contre la personne pour laquelle vous avez été condamné à 2 ans d’emprisonnement ou plus ou infraction punissable par mise en accusation figurant à l’annexe I de la Loi sur le casier judiciaire. 

The periods of 3 years, 5 years, or 10 years starts once all sentences are served, which means that the waiting period begins once all imposed sentences are completed. Which means that the waiting period does not start once you are found guilty but only once your entire sentence has been served.

According to the Parole Board of Canada (hereinafter “the Board”), a sentence corresponds to any imposed sanction, and probation periods are considered sentences by the Board. A fine is also considered a sentence, and any unpaid fees, for example, would prevent the sentence from being served and would push back the start date of the waiting period to the date when the total required sum is received by the Court.

It is essential to understand what constitute a sentence according to the Criminal Code in order to determine the applicable waiting period. As an example: a prohibition from driving for a one-year period imposed in a file of driving under the influence or dangerous driving is not considered a sentence in the sense of the Criminal Code and this delay is not to be considered in the waiting period.

Formalities

Once your waiting period has ended, you will need to make several applications to different organizations in order to submit your pardon application.

Once eligible for a Record Suspension application, the first step will be to obtain your criminal record from the RCMP. Our office could then obtain other documents and fill out the forms for you if you retain us to apply for your Record Suspension.

Criteria Considered for the Application for a Record Suspension

Record suspension requests are not automatically approved by the Parole Board of Canada, even if you fit the general criteria to obtain said record suspension. Your file will be analysed by the board. To determine whether to grant a Record suspension application, the Board will consider, among other things, the nature of the offense committed and its severity, as well as evidence of your rehabilitation, which includes: actions taken/positive changes made in your life following the commission of the offense, and the societal benefit of granting you a pardon (how obtaining a pardon would benefit you and how it would support your reintegration into society as a law-abiding citizen).

Conclusion

A record suspension, if approved, can be beneficial in many ways. It is essential to understand and respect the admissibility criteria in order to improve your chances of having your request granted.

We invite you to contact our firm for more particularized information specific to your situation.

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Inadmissibility in Canadian Immigration Law

The Immigration and Refugee Protection Act (IRPA) lists several bases upon which a permanent resident or foreign national may be declared inadmissible to Canada. Inadmissibility means that a permanent resident or foreign national is not legally admissible to enter or remain in Canada. A declaration of inadmissibility may result in the foreign national or permanent resident being denied entry to Canada or being required to leave Canada and losing their permanent resident status.  

The IRPA lists fourteen grounds of inadmissibility:  

  • Security grounds (section 34(1));  
  • Human or international rights violations (section 35(1);  
  • Sanctions (section 35.1(1));  
  • Serious criminality (section 36(1));  
  • Criminality (section 36(2));  
  • Transborder criminality (section 36(2.1));  
  • Organized criminality (section 37(1));  
  • Health grounds (section 38(1));  
  • Financial reasons (section 39);  
  • Misrepresentation (section 40(1));  
  • Cessation of refugee protection for a foreign national (section 40.1(1));  
  • Cessation of refugee protection for a permanent resident (section 40.1(2));  
  • Non-compliance with the IRPA (section 41);  
  • Inadmissible family member (section 42(1)). 

Importantly, the facts constituting inadmissibility under sections 34 to 37 include facts arising from acts and omissions, and include facts for which there are reasonable grounds to believe that they may have occurred, are presently occurring, or may occur in the future (section 33). 

The inadmissibility process commences when an officer of the Canada Border Services Agency (CBSA) prepares a report alleging that a permanent resident or a foreign national is inadmissible on one or more of the above grounds. The report must set out the relevant facts upon which the finding of inadmissibility is based and must then be forwarded to the Minister of Public Safety and Emergency Preparedness.  

If the Minister (or their delegate) is of the opinion that the report is well-founded, and if inadmissibility is alleged to be based on the permanent resident’s failure to comply with the residency obligation under section 28 of the IRPA, the Minister or their delegate may – but is not required to – make a removal order. The Minister may also make a removal order against a foreign national deemed inadmissible on grounds of serious criminality or criminality, misrepresentation, cessation of refugee protection, failing to comply with various provisions of the IRPA, sanctions, and inadmissible family member. 

If the Minister (or their delegate) is of the opinion that the report is well-founded, and if inadmissibility is alleged to be based on any grounds other than those listed in the previous paragraph, the Minister may – but is not required to – refer the report to the Immigration and Refugee Board’s Immigration Division (ID) for an admissibility hearing.  

A CBSA officer or the Immigration Division may impose any conditions deemed necessary on a permanent resident or a foreign national who is the subject of a report or an admissibility hearing. CBSA officers are also required to impose particular conditions on permanent residents and foreign nationals who are not detained after a report on inadmissibility on security grounds has been referred to the Immigration Division. 

An admissibility hearing is a quasi-adjudicative proceeding in which submissions are made on behalf of the Government, and on behalf of the permanent resident or foreign national, respectively. Members of the Immigration and Refugee Board are independent and impartial and render decisions based on the established facts and applicable law. 

At the end of the admissibility hearing, the Immigration Division must either recognize the permanent resident’s right to enter Canada; grant permanent resident status or temporary resident status to the foreign national; authorize the permanent resident or foreign national to enter Canada for further examination, with or without conditions; or make a removal order against that person. There are three types of removal orders: departure orders, exclusion orders, and deportation orders. 

A removal order issued by the Immigration Division may be appealed to the Immigration Appeal Division (IAD). However, the IRPA does not provide for appeals regarding removal orders issued against foreign nationals or permanent residents deemed inadmissible for reasons of security, violations of human or international rights, sanctions, and organized criminal activities. Regarding removal orders issued for reasons of serious criminality and/or misrepresentation, there are limited rights of appeal. In the case of misrepresentation, however, an appeal may be made to the IAD by a foreign national who is the spouse, common-law partner or child of a sponsor. Note, however, that the Minister’s right of appeal extends to inadmissibility on any ground. 

The IAD may affirm or overturn a decision to issue a removal order made by the Immigration Division. The IAD may also stay a removal order if it satisfied that this is justified by sufficient humanitarian and compassionate considerations, in light of all the circumstances of the case. Amongst others, these circumstances include the best interests of any child directly affected by the decision. The result of a stay is to prevent the removal order from entering into force such that the permanent resident or foreign national against whom it was issued may enter Canada or is not required to leave Canada, as applicable.  

Whether or not the IRPA provides them with a right of appeal, a permanent resident or foreign national dissatisfied with the decision of the ID or IAD, as applicable, may apply for a review of that decision in the Federal Court of Canada. The Minister of Public Safety may also apply for judicial review of a decision the Minister disagrees with. Removal orders directly issued by the Minister may also be reviewed in the Federal Court, without prior adjudication in the IRB or IAD. 

The decision of the Federal Court in judicial review proceedings may affirm or set aside the decision of the IAD or the removal order issued by the Minister. Depending on the identity of the successful party, this may mean that the removal order is maintained, reinstated, set aside, or confirmed as stayed. The removal order and loss of permanent resident status comes into force when all avenues of appeal or other legal processes have been exhausted. 

Note that at least two forms of relief are available when the decision in an application for judicial review confirms that the permanent resident or foreign national is inadmissible. The first is known as humanitarian and compassionate relief, under which the Minister may, upon application or at their own discretion, grant a foreign national permanent resident status or otherwise grant an exemption from any applicable criteria or obligations of the IRPA. This includes inadmissibility.  

Another form of relief arises when the foreign national establishes that they are a person in need of protection by demonstrating that their removal from Canada to their country or countries of nationality or habitual residence would subject them to a danger of torture, a risk to their life, or to a risk of cruel and unusual treatment or punishment. 

In certain cases, and if justified in the circumstances, a CBSA officer may issue a temporary resident permit to enable a person who is inadmissible to Canada to become a temporary resident. 

Note that a removal order cannot be enforced against a person who made an asylum claim before the removal order is delivered.

We invite you to contact our firm for more particularized information specific to your situation. 

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Updated Rules for Temporary Resident Visas and Electronic Travel Authorizations for Mexican Nationals

24-5-24  Immigration,News

On February 26, 2024, the Regulations amending the Immigration and Refugee Protection Regulations (Electronic Travel Authorization): SOR/2024-0034 were adopted on the recommendation of the Minister of Citizenship and Immigration pursuant to subsection 5(1) and articles 14 and 26 of the Immigration and Refugee Protection Act.

Coming into force on March 13, 2024, the Regulations do three things, namely:

  1. Removing Mexico from the schedule of countries whose nationals are exempt from the Temporary Resident Visa (TRV) requirement to travel to Canada.
  2. Adding Mexico to the list of countries whose nationals may be eligible to travel to Canada with an Electronic Travel Authorization (eTA) if they are travelling by air and have held a Canadian TRV in the last 10 years or hold a valid U.S. nonimmigrant visa; and
  3. Specify that eTAs of Mexican nationals remain valid for those who hold a valid work or study permit when the regulations come into force.

We invite you to contact our firm for more particularized information specific to your situation.

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Navigating the Canadian Work Permit Landscape: A Comprehensive Guide by Hasa Attorneys

At the heart of embarking on a professional journey in Canada lies the crucial step of obtaining a work permit, a legal document that serves as the gateway for foreign nationals to engage in employment within the country. These permits are a cornerstone of the Canadian immigration system, designed to ensure that the employment of foreign nationals aligns seamlessly with national immigration policies and labor market needs, thereby facilitating a harmonious integration into the diverse tapestry of the Canadian workforce.

The Canadian Job Market Overview

The Canadian job market presents a dynamic and welcoming landscape for skilled professionals from across the globe, characterized by its diversity, inclusivity, and vibrant opportunities. Key sectors such as healthcare, technology, and construction are thriving, driven by innovation and a constant demand for talent. This fertile job market makes Canada an attractive destination for international talent, offering a wealth of opportunities for career advancement and professional development in a supportive and inclusive environment.

Types of Work Permits

Navigating the Canadian immigration system reveals two principal categories of work permits, each tailored to meet the specific needs of foreign workers and the Canadian labor market:

  • Employer-Specific Work Permits: These permits are linked to a particular job offer and employer, outlining specific conditions such as the role’s duration, location, and nature. They are integral to ensuring that foreign employment is closely regulated and aligned with national labor needs.
  • Open Work Permits: Offering a broader scope of employment opportunities, these permits allow holders to work for any employer across Canada, subject to certain conditions. They are particularly beneficial in situations that warrant greater flexibility, such as for international students or spouses of skilled workers.

Specialized Work Permits

To further enhance the adaptability and accessibility of its immigration system, Canada offers specialized work permits for specific circumstances, thereby expanding the pathways available to students and their families:

  • Study-Related Work Permits: Tailored for students enrolled in designated institutions, allowing them to work part-time during academic terms and full-time during breaks or Co-Op terms, thereby integrating academic learning with practical work experience.
  • Post-Graduation Work Permits: Designed for graduates of Canadian institutions, these permits provide an opportunity to work in Canada for a duration equal to the length of the study program, up to a maximum of three years, facilitating a smooth transition from education to the workforce.
  • Spousal Work Permits: These permits empower spouses or common-law partners of students or workers in Canada to obtain open work permits, thereby enabling them to contribute to their family’s financial support and integration into Canadian society.

Steps to Obtaining a Work Permit

The process of securing a work permit in Canada is a meticulously structured journey, encompassing several key steps designed to ensure the seamless integration of foreign workers into the Canadian labor market:

  • LMIA Requirement: A cornerstone of the Employer-Specific Work Permit process, the LMIA assesses the impact of hiring a foreign worker on the Canadian job market, ensuring that no Canadian worker is displaced.
  • Job Offer: A foundational step, requiring a valid job offer from a Canadian employer as a prerequisite for the Employer-Specific Work Permit.
  • Application Submission: A comprehensive application must be submitted to Immigration, Refugees, and Citizenship Canada (IRCC), detailing the prospective employment and the foreign worker’s qualifications.
  • Permit Issuance: The culmination of the process, where the work permit is granted, marking the official authorization for the foreign national to commence employment in Canada.

Inside Quebec

The unique cultural and linguistic landscape of Quebec introduces additional layers to the work permit process, reflecting the province’s distinct identity and immigration requirements. The CAQ (Certificat d’acceptation du Québec) is An essential document for most temporary workers in Quebec, the CAQ affirms the provincial government’s acceptance of the foreign worker, underscoring Quebec’s autonomy within Canada’s immigration framework. The process includes:

  • Understanding Quebec’s Unique Requirements: Unlike other provinces, Quebec has distinct requirements for employing foreign workers due to its special agreement with the Canadian government.
    • Quebec sets its own salary standards for “prevailing wages,” which may differ from federal standards.
    • Employers must advertise the job in the Quebec provincial job bank, Emploi-Québec, for a mandatory 4-week period, contrasting with the federal job bank requirement.
    • Use of an immigration lawyer or consultant who holds a Quebec license is mandatory for representing your case in Quebec.
  • Concurring Approval Letter: The foreign worker must obtain a letter of approval that concurs with both the Quebec government (MIDI – Ministère de l’Immigration, de la Francisation et de l’Intégration) and the federal government (ESDC – Employment and Social Development Canada).
    • This dual approval ensures that the foreign worker’s employment aligns with both Quebec’s specific labor market needs and federal immigration policies.
  • Submission of Work Permit Application: Only after obtaining the concurring approval letter can the foreign worker proceed to apply for a work permit. This application can be submitted at a Canadian consulate or an inland processing center.
  • Issuance of CAQ and LMIA: A positive decision from both MIDI and ESDC results in the issuance of an approved CAQ and a concurring positive Labour Market Impact Assessment (LMIA) from ESDC​​.

Outside Quebec

For applicants in other provinces and territories, the work permit process aligns with the broader federal immigration standards, ensuring a cohesive and uniform approach to work permit issuance across Canada, outside the unique context of Quebec.

Preparing for the Canadian Job Market

A successful foray into the Canadian job market is not merely about securing employment; it involves a deep understanding of the cultural and professional nuances of the Canadian workplace. This includes an appreciation of the importance of work-life balance, effective communication skills, and a commitment to continuous learning and skill development, all of which are pivotal for thriving in Canada’s diverse and dynamic job market.

Contact Hasa Attorneys for a tailored consultation and embark on your journey with the confidence that comes from having an experienced team committed to your success in navigating the complexities of Canadian immigration law.

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