1. Federal Skilled Worker (FSW) program – processed via Express Entry (EE) system 

2. Canadian Experience Class (CEC) program – processed via Express Entry (EE) system 

3. Federal Skilled Trades (FST) program – processed via Express Entry (EE) system 

4. Many provincial nominees programs (PNP) – processed either via Express Entry (EE) system or separately, non-EE processing 

• Each province has its own programs that change from time to time, therefore it is advisable that one checks each province separately to know what categories are available at a certain date in time and what are the current requirements. 
• Most provinces prefer to accept people who have ties to the province, either they studied or worked there, they have relatives to support them during the first few months after becoming a permanent resident (PR) or otherwise are very much interested in establishing themselves in that province. 

5. Family sponsorship program 

• Spousal / common-law partner category 
• Dependent children category 
• Parents and grand-parents category 
• Other members of the family, if the conditions are met 

For the first four programs listed above, there are a few common conditions: 

• Have their language abilities tested (English or French or both) by an independent organization approved by Immigration, Refugee and Citizenship Canada (IRCC). Various programs have different levels of requirements regarding the language knowledge level in the four sections tested: speaking, writing, listening and reading. All tests must be evaluated to the equivalent of the Canadian Language Benchmark (CLB). 
• Have their credentials evaluated by an institution approved by Immigration Refugees and Citizenship Canada; 
• Have certain amount of work experience in an occupation listed in the National Occupational Classification (NOC) Canada, which includes in a systematic order all the occupations in the Canadian labour market (recently IRCC employs the 2021 NOC). Various programs have different requirements regarding NOC levels (teers); 
• After registering the profile in EE, IRCC sends successful applicants an Invitation to Apply (ITA), for those that have been selected for the program; 
• Pass a medical exam and not be inadmissible; 
• Provide police certificates from all the countries where an applicant has lived continuously for six months or more in those places, since becoming eighteen years of age. 

If you are interesting in learning more please contact us at 416-787-6505 

Thank you for your interest. 

The post How to Immigrate to Canada without a Job Offer first appeared on Bellissimo Law Group.

You can sponsor your orphaned brother or sister if they are: related to you by blood or adoption, under 18 years of age, and single (not married or in common-law relationship). Note that orphaned means that your brother or sister does not have a parent that is still alive. You cannot sponsor your brother or sister if: they have at least one parent alive, or no one knows where their parents are, or their parents abandoned them, or their parent is detained or in jail, or someone else is taking care of them while one or both parents are alive.

Aside from orphaned brother or sister meeting the above criteria, you generally cannot sponsor your brother or sister, as for immigration purposes, they are not considered to be a family member under the Immigration and Refugee Protection Regulations. However, you can sponsor one blood-related or adopted relative of any age, provided you don’t have any eligible living relatives you could sponsor instead, such as a spouse or common-law partner, child, parent, grandparent, or certain orphaned family members. Note that if you have any of the above-listed relatives, or aunts or uncles, who are Canadian citizens, permanent residents, or registered under the Indian Act, you will not be eligible to sponsor your brother or sister under this category.

To sponsor an eligible relative, you must be over the age of 18, living in Canada*, and a Canadian citizen or person registered in Canada as an Indian under the Canadian Indian Act or a Canadian permanent resident. Additionally, you must meet set income guidelines and agree in writing to provide financial support to your relative (and any other eligible relatives coming with them) beginning on the date they become a permanent resident and/or for up to 20 years (depending on their age and how you’re related).

Notably, you cannot be a sponsor if you are in prison, have not paid your alimony or child support payments, have declared bankruptcy and haven’t been released from it yet, got social assistance for reasons other than being disabled, didn’t pay back an immigration loan, sponsored another relative in the past and didn’t meet the terms of the sponsorship agreement, and/or made late payments or missed payments. Additionally, you cannot be a sponsor if you were convicted of a violent crime, any offence against a relative or any sexual offence, depending on details of the case, such as the type of offence, how long ago it was, and whether a record suspension (formerly pardon) was issued.

*You must live in Canada to sponsor eligible relatives unless you:

• are a Canadian citizen who lives abroad and
• plan to return to Canada when your relatives immigrate and
• are sponsoring your:
  • spouse or
  • common-law or conjugal partner or
  • dependent children who have no dependent children

It’s worth noting that there could be other factors not mentioned in this list that might affect the sponsorship process, so it’s crucial to thoroughly understand the eligibility and admissibility criteria before proceeding with the sponsorship process. Book a consultation with our office today for further information.

The post Can I sponsor my brother or sister to immigrate to Canada? first appeared on Bellissimo Law Group.

1. Work Passes and Permits
The law requires that all foreign workers have a valid work permit or pass to work in Singapore. The main types are:

A. Employment Pass (EP) – Designed for professionals, managers, and executives (PMEs).
• Eligibility:

o A minimum monthly salary of SGD 5,000 (higher for older, more experienced candidates).
o Relevant qualifications such as a degree or specialized skills.

• Duration: Typically issued for one to two years and renewable.
• Dependents: EP holders earning at least SGD 6,000 monthly can sponsor their dependents. An economic threshold is required, unlike in Canada.

B. S Pass – Designed for mid-level skilled workers.
• Eligibility:

o Minimum monthly salary of SGD 3,150 (higher for older, more experienced workers).
o Diploma-level qualifications or technical certifications.

• Quota: Employers are limited to a percentage of S Pass holders in their workforce.
• Levy: Employers pay a monthly levy for each S Pass worker.
• Dependents: Holders earning at least SGD 6,000 monthly can sponsor dependents.

C. Work Permit (WP) – Designed for low-skilled or semi-skilled workers.
• Eligibility:

o Typically issued to workers in construction, manufacturing, marine, process, and services sectors.
o Different quotas and levies apply depending on the industry.
o No minimum salary requirement.

• Duration: Usually valid for two years and tied to the employer.
• Nationality Restrictions: Limited to certain approved countries.
• Dependents: WP holders cannot sponsor dependents.

D. Other Passes – Designed for entrepreneurs intending to start businesses in Singapore.
• Personalised Employment Pass (PEP): For high-earning professionals with flexibility to switch jobs.
• Training Employment Pass/Work Permit: For foreign trainees undergoing practical training in Singapore.

2. Quotas and Levies
Singapore imposes quotas and levies on employers hiring foreign workers to encourage the hiring of locals.

• Quota System: Limits the proportion of foreign workers in specific industries.
• Levy System: Employers must pay a monthly levy per foreign worker, with rates varying by sector and the worker’s skill level.

3. Fair Consideration Framework (FCF)
The FCF ensures that employers consider Singaporean candidates fairly before hiring foreign workers. It includes:

• Advertising jobs on MyCareersFuture for at least 28 days before hiring foreign candidates.
• Regular audits to ensure compliance.

4. Dependency Ratio Ceilings (DRC)

• Employers must adhere to specific ratios of local to foreign employees.
• The DRC varies by industry, e.g., construction, manufacturing, and services sectors.

5. Skills Upgrading and Transfers
Programs like the Capability Transfer Program (CTP) encourage knowledge transfer from foreign professionals to Singaporean workers. The goal is to reduce dependency on foreign labor in the long run.

6. Challenges and Developments
Singapore’s foreign worker policies are continually adjusted to:

• Reduce reliance on foreign labor.
• Balance economic growth with social integration.
• Address local concerns about job competition and societal cohesion.

Recent trends include tighter quotas, higher levies, and enhanced requirements for certain sectors to prioritize local employment.

What Is Applicable to Canada?
We are already beginning to see more nuanced study permit streams with different privileges, and work permits are expected to follow suit. Could a monthly employer fee be in the works as a condition of LMIAs moving forward? If IRCC seeks to curb the number of workers beyond quotas, will employers be asked to pay a monthly fee? Some will argue this might deter “fake” job offers, as a direct link between employers and their financial services will be established with IRCC on an ongoing basis.
Additionally, unless there is a clear need, employers might not want to pay a fee each month, quarter, semester, or year. However, it would undoubtedly serve as a disincentive to extend a job offer. It will also be critical that employers do not attempt to recover these fees from potentially vulnerable employees. Levies tied to quotas may well be the future. It may be that specific industry quotas for foreign workers will be required, similar to Singapore’s system. Perhaps quotas could be linked to specific National Occupational Codes (NOCs).
So, there are many considerations—both pros and cons—regarding levies and quotas that must be carefully evaluated. Nevertheless, a deeper dive into the Singaporean model and their experiences may be worth exploring.

The post The Future of Canadian Labour Market Impact Assessments (LMIA) for Foreign Workers: Is There Another Way? A Brief Look at Singapore first appeared on Bellissimo Law Group.

The post Express Entry Draw #330 Results: 1,085 Invitations for Canadian Immigration issued on December 16 first appeared on Bellissimo Law Group.

According to statistics reported, international students submitted nearly 14,000 asylum claims. In 2023, almost 12,000 students made asylum claims while in 2018, the number was only about 1,810.[1] This year’s total is expected to increase as three months are yet to be included in the count.

From January to September 2024, the following schools, which have already been identified as having large numbers of international students, were reported to have the highest number of students claiming asylum:

• Conestoga College, Kitchener, Ontario, with 520 student claimants;
• Seneca College of Applied Arts and Technology, with 490 student claimants; and
• Niagara College Canada, with 410 student claimants.[2]

There is a growing concern as many of these international students are claiming asylum after being allowed into Canada on student visas.[3] The Honourable Marc Miller, Minister of Citizenship and Immigration (“Minister”), has called this increase an “alarming trend” and has said that these claimants are using the international student program as a “backdoor entry into Canada.”[4] The Minister also noted that the increase in asylum claims by international students, sometimes within their first year of study, suggests that the claims are being made “mostly falsely” indicating that “there is advice being given to people that are here that would otherwise have to go home to claim asylum.”[5]

Given this concern, the Minister wrote to the College of Immigration and Citizenship Consultants (CICC) to investigate the possibility that licensed immigration consultants are “illegitimately advising international students to claim asylum.”[6] The Minister stated that the CICC’s code of professional conduct prohibits licensees from encouraging clients to be dishonest or to commit fraud and licensees who breach the code can face criminal sanctions in certain cases.[7] Advocates for refuges criticized the government for using students as scapegoats and said there is no solid proof these claims are fraudulent.

Proposals have been put forth to curb the misuse of the asylum system such as barring students whose study or work permits are set to expire from filing asylum claims; requiring asylum applications to be submitted within 24 hours of entering Canada, with late claims directed to points of entry (POEs) for processing; and sending officers to verify the legitimacy of asylum claims before granting entry.

The rise in asylum claims comes along with the decrease in study permits issued in 2024. In January, the Minister, imposed a two-year cap on international study permit applications to curb the rapid growth in foreign students entering Canada. Subsequently, in October 2024, the Government of Canada announced the Immigration Levels Plan 2025-2027, which sees the targets for international students being reduced from 360,000 in 2024, to 305,900 in 2025-2027.[8] The reduction comes amid a population surge and strains on housing and public services.

As the Canadian government attempts to manage the surge in asylum claims, the Minister has emphasized the importance of safeguarding the integrity of Canada’s immigration and asylum systems.

If you have questions or would like to discuss your options, please contact our office to book a consultation.

The post The Impact of Immigration Cuts: Asylum Claims by International Students at a Record High first appeared on Bellissimo Law Group.

1. General Eligibility

To qualify for a PGWP, you must satisfy the following general requirements:

• Completion of Study Program: You must have completed a study program at a designated learning institution (DLI).
• Full-Time Student Status: You must have maintained full-time status as a student in Canada during each semester of your study program. Exceptions to this include:
  • Studying part-time during your final semester.
  • Taking an approved leave from your studies.
  • Switching to part-time studies between March 2020 and the fall semester in 2020 due to COVID-19.
• Application Timing: You must apply for your PGWP within 180 days of graduating.
• Valid Study Permit: Your study permit must have been valid at some point during those 180 days after you graduated.

II. Exceptions to Eligibility

You are not eligible for a PGWP if you:

• Have already received a PGWP.
• Studied English or French as a second language.
• Took general interest or self-improvement courses.
• Received funding or a scholarship from Global Affairs Canada (GAC) that requires you to return to your home country after graduation.
• Completed over 50% of your study program through distance learning, unless due to COVID-19.
• Completed a study program at a non-Canadian institution in Canada.
• Completed a course or program at a DLI that is not PGWP-eligible. This includes programs delivered through public-private partnerships (P3s).

III. Eligibility Based on Study Program

 University Graduates (Bachelor’s, Master’s, Doctoral Degrees):

• Language Requirements: Prove your English or French language skills with a minimum level of CLB 7 or NCLC 7 in all four language areas.
• Program Length: If studying in Quebec, the program must be 900 hours or longer; outside Quebec, it must be 8 months or longer.
• Field of Study: No specific field of study requirements.

 Graduates of Other University Programs

• Language and Program Length Requirements: Identical to those for bachelor’s, master’s, and doctoral degree holders.
• Field of Study Requirement:
  • For study permits submitted before 1 November 2024: No specific field requirement.
  • For study permits submitted on or after 1 November 2024: Must be in an eligible field tied to in-demand occupations.

 Graduates of College or Non-University Programs

• Language Requirement: Minimum CLB 5 in English or NCLC 5 in French across all four language areas.
• Program Length Requirement:
  • Quebec: Programs must be 900 hours or longer.
  • Outside Quebec: At least 8 months long.
• Field of Study Requirement: Same as for other university graduates, with additional emphasis on eligible fields after 1 November 2024.

 Graduates from Flight Schools

• Must meet one of the following:
  • Completed a flight training course at a DLI training centre and hold a Canadian commercial pilot’s license.
  • Hold or are obtaining an instructor’s rating with a job offer as a flight instructor from a DLI flight training centre.
• Program Length Requirement: 8 months or 900 hours minimum.
• Field of Study: No restrictions for flight school graduates.

IV. Field of Study Requirements (If Applicable)

For programs requiring field-specific eligibility, studies must align with long-term labor shortages in sectors[1] such as:

• Agriculture and agri-food.
• Healthcare.
• STEM (Science, Technology, Engineering, and Mathematics).
• Trades.
• Transport.

If you have questions about your eligibility or need help preparing your application, please feel free to contact our office. This article is provided for general information purposes only and is not intended to constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified immigration practitioner.

The post Understanding Post-Graduation Work Permit (PGWP) Eligibility in Canada: What You Need to Know first appeared on Bellissimo Law Group.

The post Express Entry Draw #319 Results: 648 Invitations for Canadian Immigration issued on October 21 first appeared on Bellissimo Law Group.

What is the Start-Up Visa Program?

The Start-Up Visa Program is designed to attract innovative entrepreneurs from around the world to launch and build their businesses in Canada (outside Quebec). By partnering with designated organizations, successful applicants can secure permanent residency to Canada.

The New Open Work Permit Option

If you have already applied for permanent residence through the Start-Up Visa Program and have been identified as essential, you now have the opportunity to apply for an optional open work permit valid for up to three years.

Key Benefits of the Open Work Permit:

• The open work permit allows you to work for almost any employer in Canada. This means you can supplement your income while continuing to develop your start-up.
• The ability to work as an entrepreneur lets you focus on growing your business without the limitations of an employer-specific work permit. This is particularly beneficial for those who may need to seek additional support as their start-up evolves.
• The open work permit is valid for a substantial period, which gives you ample time to establish your business and secure your permanent resident status.

How to Apply for the Open Work Permit?

If you applied before 3 October 2024, you initially applied for an employer-specific work permit, which restricts you to working only for your start-up. To take advantage of this new option and switch to an open work permit, you need to submit a new application and pay the applicable fees. This is possible even if you have already received your employer-specific work permit.

For detailed instructions and to navigate this update, please visit the IRCC website.

This update is a welcome change for many entrepreneurs, providing them with the flexibility to support themselves and their families while awaiting their permanent residence decisions. Stay tuned for more updates. If you have any questions or need assistance with your application, please contact our team for more information.

The post Important Update on Canada’s Start-Up Visa Program: New Open Work Permit Option first appeared on Bellissimo Law Group.

The post Express Entry Draw #316 Results: 1,613 Invitations for Canadian Immigration issued on October 07 first appeared on Bellissimo Law Group.

The temporary public policy was introduced in August 2020 to help visitors who were unable to leave the country due to COVID-19 travel restrictions apply for a work permit from within Canada. In addition, foreign nationals who held a work permit in the previous twelve (12) months but who changed their status in Canada to “visitor” could apply to work legally in the country while waiting for a decision on their new work permit application. 

The temporary public policy was initially set to expire on 28 February 2025. However, IRCC stated that they were ending the policy as part of their “overall efforts to recalibrate the number of temporary residents in Canada and preserve the integrity of the immigration system.” IRCC also noted that they were aware of some bad actors who were using the policy to mislead foreign nationals into working in Canada without authorization. This rollback is related to IRCC’s ongoing efforts to tackle immigration fraud and reduce temporary resident levels.   

IRCC will continue to process applications submitted before 28 August 2024 under the policy. 

 If you would like to discuss your options, please contact our office to book a consultation. 

The post Visitors in Canada No Longer Allowed to Apply for Work Permits from Within the Country first appeared on Bellissimo Law Group.