Canada Immigration Law

Through the Express Entry programme, a foreign skilled worker who wants to move to Canada may try to become a Permanent Resident. Qualified Candidates can submit their personal information to the Canadian government via the government of Canada’s website, and after receiving a score based on their qualifications and experience, they will be added to the Express Entry pool. The Canadian government will send invitations to those who scored the highest to apply for permanent residence in Canada around every two weeks.

Express Entry Programs:
To qualify for Express Entry, you need to qualify under one of its 3 programs:
    • Federal Skilled Worker:
    • Canadian Experience Class:
    • Federal Skilled Trades:

The requirements for each programme vary, and your eligibility is determined by a number of factors, such as your level of education, work history, and English language proficiency.

What is the processing time?

You will have to wait to apply for permanent residency after being accepted into the Express Entry pool. The Canadian government will send invitations to apply for permanent residency based on scores roughly every two weeks. The likelihood of being invited increases with your score.

Depending on your personal background and the number of persons you were invited with at the same time, processing durations may vary. From the time an application is submitted through Express Entry until a permanent residency is granted, it typically takes 6 months, but it might happen sooner or later.

Learn more about Express Entry and how it applies to you specifically.

A foreign national may apply for a study permit if they want to come to Canada to study at a designated learning institution (DLI). Foreign nationals who wish to apply for a Study Permit must:

Be enrolled at a DLI.

Give evidence of your ability to pay your tuition, your living expenses while in Canada, the expenses of any family members you will be bringing with you, and your return travel for everyone you brought with you.

Provide a police certificate and medical exam, upon request by the government.

Show an officer that once the study period begins or the study permit expires, you’ll be leaving Canada.

Obtaining a Study Permit:

By submitting an online application through the Student Direct Stream, a foreign citizen residing in China, India, Morocco, Pakistan, Vietnam, Senegal, or the Philippines could be able to get a Study Permit more quickly. When submitting an application for a study permit, there are requirements. The foreign national is responsible for monitoring their progress toward programme completion, adhering to the restrictions listed on the study permit (such as being allowed to work or travel within Canada), and ceasing their studies if they no longer meet the requirements.

What is the processing time?

Depending on the country from which the application is made, processing periods may differ. The processing time for a foreign individual applying for a study permit from outside of Canada is roughly seven weeks. The processing time for a foreign applicant for a study permit made from within Canada is roughly nine weeks.

The Government of Canada may request biometrics from the applicant once they have applied for a study permit. The time required to provide your biometrics is not included in the processing time for the Study Permit.

Labour Market Impact Assessment

An application for a Labour Market Impact Assessment (LMIA), which assesses the impact of hiring a foreign worker on the Canadian labour market, must be submitted by an employer before they may bring on a foreign employee to work for them. The ESDC/Service Canada will provide the employer with the final decision in writing if the employer has submitted an LMIA and has complied with all programme requirements.

How to Submit a LMIA

To prevent a potential processing delay, employers must make sure that all necessary documents are submitted at the time of application. For an LMIA, the following forms must be completed, signed, and submitted:

  • LMIA Application form (EMP5593).

When the application is submitted, the employer must provide the name of the foreign national they seek to hire in this document.

  • Schedule D – Skilled trades job offer – Employer #2 (EMP5595) (if applicable).
  • Job offer signed by employer and the foreign worker.
  • Proof of business legitimacy.
  • Proof of advertisement (for example a copy of advertisement and information to support where, when and for how long the position was advertised).
  • Paid application fee with payment information (if applicable).

A government representative will notify the employer that the application will not be completed if Service Canada determines that it is incomplete after it has been submitted. Applications that are judged incomplete won’t be given back to the company. Employers are highly urged to send copies of documents rather than the originals to prevent paperwork loss.

What are the results of a LMIA application?

Based on the data in the supporting documents, the ESDC/Service Canada will determine whether an accepted application receives a positive or negative LMIA. If the LMIA is successful, the employer will be given a letter of confirmation that is good for six months after it is issued. If the company wants the foreign worker to start working while waiting for the outcome of the permanent residency application, this document will support the skilled worker’s application for either a Permanent Resident visa or Work Permit. If the ESDC/Service Canada determines that the employer does not meet the conditions of the LMIA programme, a negative LMIA will be issued.

The length of time it takes to process an LMIA depends on the type of employment application. Employers can refer to a chart that the Government of Canada has developed online for precise processing times based on a particular application.

Find out more about LMIA applications and how it relates to your individual situation.

  • A foreign individual who applies for permanent resident status or a temporary work visa in Canada as a caregiver may be eligible for both. Along with job experience, specific caregiver applications will determine if the foreign national is eligible for permanent residency or whether they need to apply for a temporary work visa.

    Home Child Care Provider Pilot and Home Support Worker Pilot

    Both the Home Child Care Provider Pilot and the Home Support Worker Pilot are five-year pilot projects that would make it possible for capable carers and the members of their families to obtain permanent residence status in Canada. If a foreign national is eligible for permanent residency, it will depend on both their employment history and the details of their application. An applicant will choose one of three possible applications based on their qualifying work experience:

    • The applicant does not have any qualifying work experience and has never worked full time as a caregiver in Canada.
    • The applicant has some qualifying work experience equalling less than 24 months based on either current or previous caregiver work within Canada.
    • The applicant has 24 months or more of qualifying work experience as a caregiver in Canada based on the last 36 months.

    The application process will vary based on which application the foreign national qualifies under.

    Applying to either the Home Child Care Provider Pilot or the Home Support Worker Pilot

    The applicant will select one of the two caregiver pilots for Canada, depending on the industry the foreign national decides to work in. The applicant will submit a work permit application along with their application for permanent residency if they are eligible for it under one of the two caregiver pilot programmes. If an application meets the requirements, they will be given a temporary occupation-restricted open work visa that will allow them to work as a caretaker while they wait for the confirmation of their permanent residency.The temporary work visa can be used to gain further experience if the applicant’s work history does not meet the requirements for permanent residency. The Canadian government will make a final determination regarding the application for permanent residency once adequate documentation of work experience has been presented.

    Find out more about Caregiver applications and how it is related to your individual situation.

A candidate can submit an application for Canadian Citizenship if they want to become Canadian citizens. An applicant must fulfil the requirements on the Government of Canada’s eligibility list to be eligible for citizenship. If a person satisfies the following criteria, they are able to petition for Canadian citizenship:

  • Holds a status of permanent residency and have lived in Canada for 3 out of the last 5 years (1095 days).
  • Have filed taxes, if applicable.
  • Provided proof of language skills.
  • Passed a citizenship test.

If the candidate is accepted, they must complete all the paperwork in the application package and submit all the relevant materials. On the website of the Canadian government, each applicant’s scenario outline determines the application package. The application will be delivered by mail or courier to the case processing centre in Sydney, Nova Scotia after being sure that all forms are correctly completed and signed.

What is the processing time?

Although processing times are only estimates, a citizenship application typically takes 12 months to process. The applicant must make sure that all government fees have been paid and have produced a receipt as proof before filing the citizenship application. Each application will be checked to make sure all the information has been entered accurately and all the necessary paperwork has been submitted. Applicants who get an Acknowledgement of Receipt by letter or email can check the progress of their applications online using the government portal.

Acceptance of Citizenship – Citizenship Ceremony

If a person is 14 years of age or older, they must attend the Canadian Citizenship Ceremony and take the oath when the Government of Canada grants their request for citizenship. Certificates of citizenship for applicants under the age of 14 will be given to their parents, who are invited but not obligated to attend the event. The candidate will be required to take the Oath of Citizenship, complete the Oath or Affirmation of Citizenship form, and sing “O Canada” at the ceremony. The applicant has finished the application procedure and is now legally a Canadian citizen once they are given the citizenship certificate and have taken the Oath of Citizenship. Find out more about Citizenship applications and how it is related to your individual situation.

Every case is different, thus it is crucial to have a skilled immigration counsellor carefully assess your specific situation. The best part of using our services is that, when you employ us to help with your immigration concerns, your initial consultation cost will be entirely applied to professional fees in the future.

To increase your chances of being authorised, our team puts a lot of effort into every case. We do, however, offer a single free resubmission if your application is rejected for any reason other than misinterpretation. In this instance, you will only pay the application fees to the government and not our professional expenses.

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