Once a person becomes a permanent resident after landing in Canada, there are a number of obligations that everybody must observe in order to maintain this precious and hard sought status. We receive many questions regarding this topic as many newcomers are reluctant to give up good jobs overseas, but at the same time, do not want to lose their permanent resident status. Here is a common question:

Q: I came to Canada together with my wife and two children two years ago.  I tried hard to find a job in my profession, but nothing was satisfactory and I had to go back to my birth country to continue my work with the company I worked with, before coming to Canada to support my family. How can I maintain my permanent resident status, as in the end, we want to be able to settle in Canada?

 A: Your dilemma is not uncommon amongst new immigrants to Canada, especially when one enjoyed a rewarding position overseas and once in Canada, discovers he or she may face significant challenges in securing similar employment.  Or, that you must pass a series of exams/tests so that you finally can be admitted in a professional organization recognizing your education and credentials.   This can take several months or even longer.  In the interim finding work is a significant challenge.  In the past several years the outcomes for new immigrants is improving as IRCC has improved in securing immigrants that have a better path to employment upon arrival or many are already in Canada working before becoming permanent residents.  The focus has been broadened not just on entry but resettlement as well.  Nevertheless, it is not an easy process and for some returning to the comfort of a position back home seems like the only viable path forward.  But this may not be without its consequences.

A permanent resident, as per the Immigration and Refugee Protection Act (IRPA), must comply with a residency obligation with respect to every five-year period.  In short, the permanent resident must satisfy IRCC that within a five-year period, they are:

• physically present in Canada for at least 730 days,
• outside Canada accompanying a Canadian citizen (parent, spouse);
• outside Canada and employed full-time by a Canadian business or Canadian public service;
• outside Canada accompanying a permanent resident (parent, spouse) employed by a Canadian business or Canadian public service;

Failing which a permanent resident may lose his or her permanent resident status.  Many people find themselves in this situation every year.  So, any planned return to your originating country must be done with a view to these legal requirements.  Otherwise a removal order may be issued against you, or you may not be able to renew your permanent resident card or be issued a travel document abroad.  This is not a situation you and your family want to find themselves in and good planning can avoid very complicated consequences.  So, the best answer to your question is if there is no other way, plan your return for short time but ensure you maintain the 730 days (2 years) in the 1825-day (5 years) period allowing for a maximum 1095-day period outside of Canada.  Good luck!

To learn more on Permanent Migration and Appeals click here and here.

The post Maintaining My Permanent Resident Status – Can I Come Back Later? first appeared on Bellissimo Law Group.

This growing interest in immigration by smaller and rural communities across Canada stems from a number of factors, not the least of which is the steadily declining populations in these areas and repeated confirmation by Statistics Canada that immigration has been, and will continue to be the driving factor for Canada’s overall population growth. Current Stat Can projections suggest that by about 2031, immigration will account for more than 80% of Canada’s population growth.[1] This becomes even more acute in low-density areas, where youth out-migration and an aging workforce outpaces the number of new arrivals.

While communities across Ontario are now beginning to recognize the importance of immigration  and develop municipal strategies to attract newcomers to their communities, northern Ontario has been on the leading edge of this for the better part of the last decade, having long recognized the business case for immigration. In sustained conversation with their business leaders, employers, and community agencies, the region continues to focus on tapping into the wealth of skilled immigrants interested in, or recently arrived in Canada, developing tools and programs for immigrants to more easily connect to the opportunities available. This investment in the attraction of immigrants has paid off, with an increasing number of newcomers choosing to relocate to northern Ontario, taking advantage of the business opportunities and quality of life that exists a short 2.5 hour drive north of Toronto. The region is now also hoping to work towards the development of new immigration streams to further encourage direct immigration to northern Ontario[2].

Having worked in northeastern Ontario – North Bay, specifically – for a number of years, I have had the opportunity to be closely involved in the development of the area’s immigration initiatives and continue to support the development of accessible immigration strategies for the north, including ensuring access to immigration representation on a wide range of immigration matters. Immigration, Refugees and Citizenship Canada (IRCC) also recognizes and accommodates applicants who live outside of the major centres, providing access to itinerant services, such as requests to complete the required immigration medical exams by non-Panel physicians when Panel Physicians are not available within 250 kilometres from an applicant’s place of residence in Canada.

For more information on Permanent or Temporary Migration, please click here and here.

(Sources)

The post Small Towns Target Immigrants first appeared on Bellissimo Law Group.

The Process:

In order for an employer to participate in this pilot project, they will first need to receive designation from one of the Atlantic Provinces. Once they have received designation, they can then source skilled immigrants in order to make job offers.

Once a skilled immigrant has been identified and a job offer made, the employer will then connect them with a designated settlement service provider organization for a needs assessment and to develop a settlement plan. Employers will also support the long-term integration of their skilled immigrants.

Work Permits to be issued prior to permanent residence approval:

Employers under these programs will not be required to obtain a Labour Market Impact Assessment for jobs they offer to skilled workers under these new pilot programs. Skilled immigrants under this program will qualify for a temporary work permit with a valid job offer, a letter from the province and a commitment to apply for permanent residence within 90 days of the temporary work permit application.

For more information on Permanent Migration, please click here.

(Sources)

The post Three New Reasons to Consider Atlantic Immigration first appeared on Bellissimo Law Group.

The poll also found that preference towards assimilation of minorities tends to increase with age as well as length of time spent living in Canada. 53% of Canadians between the ages of 18 to 34 feel that “we should encourage cultural diversity with different groups keeping their own customs and languages;” compared to only 31% of those aged 35 to 54, and a mere 17% of those aged 55+ agreeing with this sentiment.

Fortunately, Canada’s hardening attitude towards multiculturalism does not appear to be affecting how welcome newcomers to Canada feel. 83% of immigrants who have been in Canada for less than 10 years feel welcome as a part of the community they live in. In addition, in spite of the growing preference towards assimilation, 67% of Canadians indicated that they were satisfied with how well new immigrants were integrating into their communities.

For more information on Temporary or Permanent Migration to Canada, click here.

(Sources)

The post Study Finds Canada Now More in Favour of Assimilation Than United States first appeared on Bellissimo Law Group.

What exactly are “anti-Canadian values?” Now if someone asked me the positive of that question – “what are Canadian values?” – the answer would be very easy, just look at the Canadian Charter of Rights and Freedoms. The fundamental values of Canadian society are perfectly reflected in the Charter, part of the supreme law of Canada. Section 27 of the Charter provides guidance as to how it should be interpreted: “in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.”

The multicultural nature of Canadian society is a fairly non-contentious issue. The goal of preserving and enhancing multiculturalism is even explicitly enunciated in the Charter. In addition, Canada was the first country in the world to ever adopt multiculturalism as an official policy in 1971.

So, if this is all true, then why would we ever want to “screen” out immigrants on the basis that their values are different from ours? One would have thought that differing thoughts, beliefs, and opinions could only serve to preserve and enhance multicultural Canada. The greatest irony in asking whether we should screen potential immigrants for anti-Canadian values is that this whole exercise is in and of itself anti-Canadian.

For more information on Immigration into Canada, please click here or here.

(Sources)

The post Screening for “Anti-Canadian Values” is Anti-Canadian first appeared on Bellissimo Law Group.

Immigration, Refugee and Citizenship Canada (IRCC) Public Policy under 25(1) of the Immigration and Refugee Protection Act (“IRPA”) may be applied to exempt applicants in the Spouse or Common-Law Partner in Canada Class from the requirement to have temporary resident status and to not be inadmissible due to “lack of status”. Applicants without status in Canada may therefore still qualify as members of the spouse or common-law partner in Canada class under this policy.

Definition of “Lack of Status”

Applicants who lack status may be granted permanent residence so long as they are not inadmissible for reasons other than “lack of status”.  What does “lack of status” mean? For the purposes of current public policy, persons with “lack of status” refers to those in the following situations:

• persons who have overstayed a visa, visitor record, work permit or student permit;
• persons who have worked or studied without being authorized to do so under the IRPA;
• persons who have entered Canada without the required visa or other required documents;
• persons who have entered Canada without a valid passport or travel document (provided valid documents are acquired by the time IRCC seeks to grant permanent residence).

Continuing with Your Application for Permanent Residence

As noted above, the application of public policy is rooted in IRPA’s objective of family reunification and preventing the hardship resulting from family separation. Therefore, even if you do not have immigration status in Canada, you may be allowed to continue with your application for permanent residence with no action taken against you.

However, this is not a guarantee and the decision on your application belongs to the immigration officer and his/her discretion.  If you choose to submit an application, this may prompt IRCC to notify Canada Border Services Agency (CBSA) of your current residential address and initiate removal proceedings.

Fortunately, if you do lack status in Canada, you do have options available to you and you may still be eligible to be sponsored. Bellissimo Law Group can help you determine the best course of action for your individual situation and needs.

If you are currently out of status in Canada or subject to a removal order, it is best to speak to an experienced immigration representative about your options prior to submitting an application. Contact us today.

For more information on Permanent Migration, please click here.

(Sources)

The post Lack of Canada Immigration Status and In Canada Spousal Sponsorship Applications first appeared on Bellissimo Law Group.