Have You Lost Your Permanent Resident Status?

People who immigrate to Canada and become Permanent Residents are required to meet residency requirements and must comply with conditions imposed under the regulations or risk losing their permanent resident status.

The rules regarding retention and loss of permanent residence status can be complex. We encourage you to contact Velletta & Company if you have concerns regarding your permanent resident status in Canada.

At Velletta & Company we provide you with the professional, cost effective advice you need to decide what options are best for you.

To arrange a consultation, please contact us.

Immigration Glossary

Immigration lawyers Victoria BC, Velletta & Company

Disclaimer

Work Permit:

http://www.cic.gc.ca/english/work/index.asp

A work permit is a government issued document that allows foreign nationals to work in Canada. There are some jobs in Canada that do not require work permits. Click here to view a list of these jobs.

Citizenship and Immigration Canada:

http://www.cic.gc.ca/english/index.asp

Citizenship and Immigration Canada (CIC) was developed in 1994. It is a federal government body responsible for dealing with citizenship and immigration issues in Canada.

Entrepreneur Program:

http://www.cic.gc.ca/english/immigrate/business/entrepreneurs/index.asp

The Entrepreneur Program was created to attract experienced business persons who own and actively manage businesses in Canada that will contribute to Canada’s economy and create jobs.

Federal Immigrant Investor Program:

http://www.cic.gc.ca/english/immigrate/business/investors/index.asp

The Immigrant Investor Program is a process designed for experienced business people to invest into Canada’s economy and ultimately become permanent residents.

Self-Employed Persons Program:

http://www.cic.gc.ca/english/immigrate/business/self-employed/index.asp

The Self-Employed Persons Program was created to for applicants who wish to immigrate to Canada and who have the intention and ability to become self-employed in Canada.

Temporary Resident Visa:

http://www.cic.gc.ca/english/visit/index.asp

Depending on your citizenship, you may require a temporary resident visa (TRV) to travel to Canada. A TRV is a government issued document that allows foreign nationals to visit Canada. A TRV does not permit you to work or study in Canada. In order to work or study in Canada you must obtain a Work Permit or Study Permit, respectively. (link to work permit and study permit above).

Human Resources and Social Development Canada (HRSDC):

http://www.hrsdc.gc.ca/eng/home.shtml

Human Resources and Skills Development Canada (HRSDC), formerly Human Resources and Social Development Canada, is a department of the Government of Canada which is responsible for developing, managing and delivering a variety of social programs and services. In immigration, this includes filling labour shortages by hiring foreign workers.

Labour Market Opinion (LMO):

http://www.cic.gc.ca/english/work/employers/lmo-basics.asp

Labour Market Opinions (LMOs), which are issued by HRSDC (link to HRSDC above), must be obtained by employers seeking to hire foreign nationals. LMOs show that there is a need for the foreign worker to fill the job you offer and that there is no Canadian worker available to do the job.

Sponsorship:

http://www.cic.gc.ca/english/immigrate/sponsor/index.asp

Canadian citizens or a permanent residents of Canada can sponsor their spouses, common-law partners, conjugal partners, dependent children (including adopted children) or other eligible relatives (such as a parents or grandparents) to become a permanent residents.

Skilled Worker:

http://www.cic.gc.ca/english/immigrate/skilled/index.asp

Skilled Workers, for the purposes of Canada immigration, are people who they have the education, work experience, language skills, etc. to help them become economically established in Canada.

Immigration and Refugee Board of Canada:

http://www.irb-cisr.gc.ca/eng/pages/index.aspx

The Immigration and Refugee Board of Canada is an independent administrative tribunal responsible for making decisions on immigration and refugee matters in accordance with the Immigration and Refugee Protection Act.

Immigration and Refugee Protection Act:

http://laws-lois.justice.gc.ca/eng/acts/I-2.5/FullText.html

An Act respecting immigration to Canada and the granting of refugee protection to persons who are displaced, persecuted or in danger.

Post Graduate Work Permit Program (PGWPP):

http://www.cic.gc.ca/english/study/work-postgrad.asp

The Post-Graduation Work Permit Program allows students who have graduated from a participating Canadian post-secondary institution to gain Canadian work experience.

Study Permit:

http://www.cic.gc.ca/english/study/index.asp

A study permit is a government issued document that allows foreign nationals to study in Canada.

Canadian Experience Class:

http://www.cic.gc.ca/english/immigrate/cec/index.asp

Depending on your type of work experience, temporary foreign workers or foreign students who graduated in Canada often have obtained the qualities it takes to help them successfully transition from temporary residents to permanent residents. The Canadian Experience Class (CEC) is a program designed to provide these individuals with the opportunity to gain permanent residency through these qualities.

Provincial Nominee Program:

http://www.cic.gc.ca/english/immigrate/provincial/index.asp

The Provincial Nominee Program was created for people to immigrate to Canada who have skills, education and work experience that will make them an immediate contribution to Canada’s economy. Each province has its own regulations within this program. Until the individual is ready to establish themselves successfully as a permanent resident they are sponsored by their province of residence as Provincial Nominees.

Temporary Resident Visa

Disclaimer

Depending on your citizenship, you may require a temporary resident visa (TRV) to travel to Canada. You can apply for a single entry or multiple entry visa. There are various requirements which you must meet in order to qualify. An immigration officer must be satisfied that you will leave Canada at the end of your stay. You may require a medical examination and a letter of invitation from someone living in Canada.

Importantly, Study and Work permits do not authorize re-entry. If you require a TRV in order to travel to Canada, you will require a TRV if you wish to re-enter Canada during your period of work or study, despite having a valid work or study permit.

If you require a visa to visit Canada, we would be pleased to assist you. Please feel free to contact us to arrange a consultation.

Family-based Immigration

Disclaimer

If you are a citizen of the United States or a permanent resident in the United States, you can sponsor a relative (spouse, parents, children, brothers and sisters) to become a permanent resident. A permanent resident is commonly known as a “Green Card Holder”.

In order to sponsor a relative, you yourself must be a citizen or a permanent resident of the United States, and you must be able to provide documentation proving your status. You must also prove that you can support your relative at 125% above the mandated poverty line.

If you are a US Citizen, you may petition for the following foreign national relatives to immigrate to the United States:

  • Husband or wife;
  • Son or daughter of any age;
  • Brother or sister if you are at least 21 years old; or
  • Parent if you are at least 21 years old.

If you are a permanent resident of the United States, you may petition for the following foreign national relatives to immigrate to the United States:

  • Husband or wife
  • Unmarried son or daughter of any age

Study Permits

Disclaimer

If you wish to come to Canada to study, you will likely need a study permit to do so. Before you can apply for a study permit, an approved educational institution in Canada must first accept you. Armed with proof of your acceptance, you may apply for a study permit. To qualify for a study permit, there are various requirements you must meet and documentation you must submit. You will have to satisfy the visa officer that you have sufficient funds to pay your tuition and support yourself while in Canada. You will need to be in good health and may be required to undergo a medical examination. You must also be a law-abiding citizen and not a security risk to Canada. A visa officer must also be satisfied that you will leave Canada after your authorized period of study.

Velletta & Company would be pleased to assist you with your study permit application. To arrange a consultation, please contact us.

Extending Your Stay

Disclaimer

Whether you are a temporary foreign worker, visitor or student, you may apply to extend your stay in Canada. To ensure that you do not lose your status, you must submit your application to extend your stay prior to the expiry date on your current visa. If you have applied to extend your stay and your visa expires before you receive an answer to your application to extend, you may continue work, study or visit under the same conditions, as the case may be, until a decision is rendered on your application.

If you wish to extend your stay in Canada, please contact us to arrange a consultation.

Employment-based Immigration

Disclaimer

There are five different categories of employment based USA visas. The worldwide limit on employment based visas is 140,000, plus any unused family-sponsored preference visas from the previous year. These visas allow their beneficiaries to live and work in the USA on a permanent basis:

  1. Persons of extraordinary ability, i.e. outstanding professors and researchers and certain executives and managers of multinational organizations;
  2. Members of a profession with advanced degrees and those with exceptional ability whose employment in the USA would be in the national interest of the country;
  3. Skilled workers and professionals;
  4. Individuals investing $1 Million in a new or existing business which employs 10 or more persons;
  5. Other (extremely limited).

A labor certification and/or other documents are required for those seeking entry as skilled workers and professionals.

U.S. says Same-Sex Couples Will Get Equal Treatment

In a major policy change, the United States Department of State announced that it will give equal treatment to visa applications of gays and lesbians who want to travel or immigrate with their partner. The shift will allow the department to start processing requests from married gay couples the same way it handles those from heterosexual spouses.

The move, which follows similar action last month by U.S. immigration officials, would help U.S. citizens live and travel with their same-sex spouse in the United State as well as allow married couples from other countries to visit the United States.

It will mostly affect married same-sex couples living outside the United States. For example, if one spouse has a visa to travel to the Unites States for work or study, their spouse can apply to come along.

It would also help gay Americans living in other countries bring their spouse to the United States, they said.

As long as a marriage has been performed in the jurisdiction that recognizes it, then that marriage is valid under U.S. immigration laws. Since Canada recognizes same-sex marriages, any same-sex couple married in Canada will be eligible to travel or move to the United States on exactly the same conditions as heterosexual couples.

Fast Immigration for Business People: British Columbia PNP Business Programs

Immigration and Business law, Victoria

The Federal Government of Canada has Business immigration programs, but the processing times are three years or more, and an applicant cannot usually get a Work Permit to get the business started before approval.

Fortunately, the Province of British Columbia has stepped in to create three faster ways for Business people and their families to immigrate to the Province of British Columbia. These are all part of the Provincial Nominee Program (PNP).

There are three Business Immigration programs for the PNP, the Regional Business Component, the Business Skills Component and the Strategic Projects Component. In each immigration category, if the Principal Applicant is approved for Permanent Residence, then his or her accompanying spouse and all dependent children also get approved for Permanent Residence.

Read moreFast Immigration for Business People: British Columbia PNP Business Programs

Do I Need A Lawyer For My Application?

Disclaimer

You do not require a lawyer to assist you with any application to Citizenship and Immigration Canada (CIC). So why seek the assistance of a lawyer?

Often times people do not know all options available to them when selecting a category under which to apply for a Canadian visa. There may be advantages to applying under one category over another. CIC forms can be difficult to understand, especially if you are not well versed in English or French. Forms and supporting documents can vary from visa office to visa office. Depending on your circumstances, you may have options on where you submit your application. Processing times vary depending on the visa office, therefore, submitting an application to one office over another can result in faster processing of your application.

At Velletta & Company we will work with you to navigate the rules and regulations of Canadian immigration, reducing your frustration with what can be an overwhelming and confusing process. We will assist you with your immigration matter so that you have the peace of mind of knowing that you are well informed of your options and your application is prepared in a timely, professional manner. To arrange a consultation, please contact us.

Same Sex Immigration

U.S. says same-sex couples will now get equal treatment

In a major policy change, the United States Department of State announced that it will give equal treatment to visa applications of gays and lesbians who want to travel or immigrate with their partner. The shift will allow the department to start processing requests from married gay couples the same way it handles those from heterosexual spouses.

The move, which follows similar action last month by U.S. immigration officials, would help U.S. citizens live and travel with their same-sex spouse in the United State as well as allow married couples from other countries to visit the United States.

It will mostly affect married same-sex couples living outside the United States. For example, if one spouse has a visa to travel to the Unites States for work or study, their spouse can apply to come along.

It would also help gay Americans living in other countries bring their spouse to the United States, they said.

As long as a marriage has been performed in the jurisdiction that recognizes it, then that marriage is valid under U.S. immigration laws. Since Canada recognizes same-sex marriages, any same-sex couple married in Canada will be eligible to travel or move to the United States on exactly the same conditions as heterosexual couples.

Restoration of Status

Disclaimer

If your visa expires before you apply to extend it, you may apply for restoration of status. In order to qualify, you must submit your application within 90 days of losing your status. The ability to apply for restoration is only available if you continue to meet all requirements of your initial entry and conditions on your permit. Once you have applied, you may remain in Canada until a decision is rendered on your application.

If your visa has expired and you wish to restore your status, please contact us for a consultation

Post Graduate Work Visas

Immigration law, Velletta & Company, Victoria, BC

Do you hold a valid study permit and currently attend a post-secondary institution in Canada?

If so, you may qualify for a work permit upon graduation. The Post Graduate Work Permit Program (PGWPP) enables students who graduate from participating Canadian post-secondary institutions to gain valuable Canadian work experience. The length of your work permit under this program depends on the length of your program of studies, to a maximum of three years. There are tight deadlines in which you must apply for your work permit under this program and as such, we recommend that you contact us as soon as possible.

To determine whether you qualify for a work permit under the PGWPP, please feel free to contact us to arrange a consultation.

Permanent Resident Status

Immigration Lawyers, Victoria, BC, Velletta & Company

There are several categories under which you can apply to become a permanent resident of Canada. If you meet the requirements, you may apply for permanent resident status under the Federal Skilled Worker Program, Provincial Nominee Program, Business Immigration Program or the Canadian Experience Class. Also, you may be sponsored to become a permanent resident of Canada by a family member who is a Canadian or Permanent Resident of Canada.

Read morePermanent Resident Status